HomeMy WebLinkAbout07-07-25 - Community Development Board - Agendas & 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. Consent Items
E.1 Meadow Bridge Subdivision Preliminary Plat application to subdivide two parcels zoned R-3
into a major subdivision for residential, park, and open space uses. The proposed
subdivision includes 45 buildable lots, 1 park lot, 3 open space lots, and road Rights-of-way
on a total of 25.32 acres. The project is proposed to be completed in one phase. Generally
THE COMMUNITY DEVELOPMENT BOARD OF BOZEMAN, MONTANA
CDB AGENDA
Monday, July 7, 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
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located northwest of the corner of Blackwood Road and S 23rd Avenue. Â Application 25017
(Quasi-Judicial)(Minnich)
F. Action Items
F.1 Annexation and Zone Map Amendment Requesting Annexation and the Establishment of an
Initial Zoning Designation of PLI on 1.048 Acres, the 2221 South 3rd Annexation, Application
24714(Rogers)
F.2 Continued Discussion of Unified Development Code Update Regarding Zoning Districts and
Uses Within Zoning Districts(Saunders)
F.3 Bozeman Community Plan Technical Compliance Update Engagement Plan
Review(Saunders)
G. Public Comments on Non-agenda Items Falling within the Purview and Jurisdiction of the Board
H. FYI/Discussions
H.1 Upcoming Items for the July 21, 2025, Community Development Board Meeting (Saunders)
I. 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 24714
and move to recommend approval of the 2221 South 3rd Avenue Zone Map Amendment, with
contingencies required to complete the application processing.
Discuss and determine whether to make a recommendation to the City Commission regarding
identified questions
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.
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Memorandum
REPORT TO:Community Development Board
FROM:Sam Sagstetter
SUBJECT:Approval of Minutes
MEETING DATE:July 7, 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:None.
UNRESOLVED ISSUES:None.
ALTERNATIVES:Approve with corrections.
FISCAL EFFECTS:None.
Attachments:
061625 CDB Minutes.pdf
Report compiled on: June 27, 2025
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Bozeman Community Development Meeting Minutes, June 16, 2025
Page 1 of 4
THE COMMUNITY DEVELOPMENT MEETING OF BOZEMAN, MONTANA
MINUTES
JUNE 16, 2025
General information about the Community Development Board is available in our Laserfiche repository.
Present: Jennifer Madgic, Hap Happel, Nicole Olmstead, Chris Egnatz, Jason Delmue, Mark Egge
Absent: Padden Guy Murphy
Excused: Ben Lloyd
A) 00:02:51 Call to Order - 6:00 pm
B) 00:03:32 Disclosures
C) 00:03:41 Changes to the Agenda
D) 00:03:47 Approval of Minutes
D.1 00:03:51 Approval of Minutes
060225 CDB Minutes.pdf
051925 CDB Minutes.pdf
00:04:39 Motion to approve Approve.
Jennifer Madgic: Motion
Mark Egge: 2nd
00:05:01 Vote on the Motion to approve Approve. The Motion carried 6 - 0.
Approve:
Jennifer Madgic
Hap Happel
Nicole Olmstead
Chris Egnatz
Jason Delmue
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Bozeman Community Development Meeting Minutes, June 16, 2025
Page 2 of 4
Mark Egge
Disapprove:
None
00:05:30 Motion to approve Approve.
Jason Delmue: Motion
Mark Egge: 2nd
00:05:39 Vote on the Motion to approve Approve. The Motion carried 6 - 0.
Approve:
Jennifer Madgic
Hap Happel
Nicole Olmstead
Chris Egnatz
Jason Delmue
Mark Egge
Disapprove:
None
E) 00:05:58 Action Items
E.1 00:06:00 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
24626 Gallatin Center ZMA CDB SR.pdf
00:06:26 Planner Tom Rogers presents to the board.
00:13:42 Planner Tom Rogers answers questions from the board.
00:34:03 Applicant Erik Ringsak presents to the board.
00:38:02 Applicant Erik Ringsak answers questions from the board.
00:42:30 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 24626 and move to recommend approval of the Gallatin Center Zone Map Amendment,
with contingencies required to complete the application processing.
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Bozeman Community Development Meeting Minutes, June 16, 2025
Page 3 of 4
Chris Egnatz: Motion
Mark Egge: 2nd
00:52:01 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 24626 and move to recommend approval of the Gallatin Center Zone Map
Amendment, with contingencies required to complete the application processing. The Motion carried 6 -
0.
Approve:
Jennifer Madgic
Hap Happel
Nicole Olmstead
Chris Egnatz
Jason Delmue
Mark Egge
Disapprove:
None
E.2 00:52:48 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
24570 5211 Baxter Annex ZMA CDB.pdf
00:53:00 Planner Tom Rogers presents to the board.
01:03:33 Planner Tom Rogers answers questions from the board.
01:38:07 Applicant Rob Pertzborn presents to the board.
01:46:36 Applicant Rob Pertzborn answers questions from the board.
02:03:30 Alicia Buck provides public comment.
02:14:33 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 24570 and move to recommend approval of the 5211 Baxter Lane Zone Map
Amendment, with contingencies required to complete the application processing.
Jason Delmue: Motion
Mark Egge: 2nd
03:03:24 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 24570 and move to recommend approval of the 5211 Baxter Lane Zone Map
Amendment, with contingencies required to complete the application processing. The Motion failed 3 - 3.
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Bozeman Community Development Meeting Minutes, June 16, 2025
Page 4 of 4
Approve:
Hap Happel
Jason Delmue
Mark Egge
Disapprove:
Jennifer Madgic
Nicole Olmstead
Chris Egnatz
E.3 03:03:53 Continued Discussion of Unified Development Code Update from June
2nd Focusing on Tools to Address Mass and Scale of Buildings
CDB June 2, 2025, Mass and Scale Memo.pdf
03:11:10 Commissioner Madgic excuses herself from the meeting.
F) 04:15:42 Public Comments on Non-agenda Items Falling within the Purview and
Jurisdiction of the Board
04:15:49 Eva Kellenberg provides public comment.
G) 04:20:46 FYI/Discussions
G.1 04:20:49 Upcoming Items for the July 7, 2025, Community Development Board
Meeting
H) 04:21:17 Adjournment
This board generally meets the first and third Monday of the month from 6:00 pm to 8:00 pm.
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Memorandum
REPORT TO:Community Development Board
FROM:Bailey Minnich, Development Review Planner
Brian Krueger, Development Review Manager
Erin George, Interim Community Development Director
SUBJECT:Meadow Bridge Subdivision Preliminary Plat application to subdivide two
parcels zoned R-3 into a major subdivision for residential, park, and open
space uses. The proposed subdivision includes 45 buildable lots, 1 park lot, 3
open space lots, and road Rights-of-way on a total of 25.32 acres. The
project is proposed to be completed in one phase.
Generally located northwest of the corner of Blackwood Road and S 23rd
Avenue. Application 25017 (Quasi-Judicial)
MEETING DATE:July 7, 2025
AGENDA ITEM TYPE:Community Development - Quasi-Judicial
RECOMMENDATION:Having reviewed and considered the application materials, public comment,
and all the information presented, I hereby adopt the findings presented in
the staff report for application 25017 and move for the Community
Development Board in its capacity as the Planning Board to recommend
approval of the subdivision with conditions and subject to all applicable code
provisions.
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 Department of Community Development received a Preliminary Plat
Application on January 10, 2025, requesting to subdivide 25.32 acres to
create 45 buildable lots, 3 open space lots, and 1 city park lot with
easements and associated right of way. The subject property is zoned R-3
(Residential Medium Density District).
On May 22, 2025, the Development Review Committee (DRC) found the
application sufficient for continued review and recommends the conditions
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and code provisions identified in this report. No waivers were granted with
the pre-application plan review on August 9, 2024. Please see the staff
report for analysis of the review criteria.
This subdivision meets the criteria for review under 76-3-616 Montana Code
Annotated (MCA) - Exemption for Certain Subdivisions. This statute exempts
this subdivision from the public hearing requirement. Per BMC 38.240.100
the final decision for this preliminary plat must be made within 60 working
days from sufficiency, or by August 19, 2025. The City Commission meeting
regarding this subdivision is scheduled for July 15, 2025.
Materials in the submittal relevant to the Planning Board’s duties include:
Application Documents
Application Drawings
The application documents folder will contain the infrastructure reports
including water, sewer, stormwater, and traffic impacts, as well as
documentation to demonstrate compliance with Chapter 38 including
compliance with adopted standards required in BMC 38.220.060.
The application drawings folder will contain the full plat set sheets, as well as
the overall site plan, proposed landscaping plans, proposed utility and
stormwater designs, and proposed street plans.
UNRESOLVED ISSUES:None
ALTERNATIVES:As recommended by the board
FISCAL EFFECTS:Fiscal impacts are undetermined at this time, but will include increased
property tax revenues from new development, along with increased costs to
deliver municipal services to the property. Impact fees will be collected at
the time of building permit issuance for individual buildings along with City
sewer and water connection fees.
Attachments:
25017 Meadow Bridge_CDB Staff Report Final.pdf
Report compiled on: July 1, 2025
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25017 Staff Report for Meadow Bridge Subdivision Page 1 of 32
25017 Meadow Bridge Subdivision Preliminary Plat
Public Meeting/Hearing Dates:
Planning Board meeting will be held - Monday, July 7, 2025, at 6:00 pm.
City Commission meeting will be held Tuesday, July 15, 2025, at 6:00 pm.
Project Description: A preliminary plat requesting to subdivide two parcels zoned R-3 into a
major subdivision for residential, park, and open space uses. The proposed subdivision
includes 45 buildable lots, 1 park lot, 3 open space lots, and road Rights-of-way on a total
of 25.32 acres. The project is proposed to be completed in one phase. The residential
uses are anticipated to be single household dwellings, but several of the lots are large
enough to accommodate multiple-unit dwellings. The applicant is requesting one
departure from the City of Bozeman Landscape and Irrigation Performance and Design
Standards Manual under BMC 38.550.060 related to the preservation of established tree
vegetation to meet the tree planting requirements of the landscape design manual.
Project Location: Situated in the W ½ of SE ¼ of Section 23, Township 2 South, Range 5 East,
Principal Meridian, City of Bozeman, Gallatin County, Montana. Addresses TBD, west
of S 23rd Avenue, east of Parkway Avenue, south of Commonwealth Street, and
northwest of the corner of Blackwood Road and S 23rd Avenue.
Staff Finding: The application conforms to standards and is sufficient for approval with
conditions and code provisions.
Recommended Planning Board Motion: Having reviewed and considered the application
materials, public comment, and all the information presented, I hereby adopt the findings
presented in the staff report for application 25017 and move for the Community
Development Board in its capacity as the Planning Board to recommend approval of the
subdivision with conditions and subject to all applicable code provisions.
Recommended City Commission Motion: Having reviewed and considered the application
materials, public comment, and all the information presented, I hereby adopt the findings
presented in the staff report for application 25017 and move to approve the subdivision
with conditions and subject to all applicable code provisions.
Report Date: July 1, 2025
Staff Contact: Bailey Minnich, Development Review Planner
Alicia Paz-Solis, Project Engineer
Agenda Item Type: Consent (Quasi-judicial)
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25017 Staff Report for Meadow Bridge Subdivision Page 2 of 32
EXECUTIVE SUMMARY
This report is based on the application materials submitted and public comment received to date.
The application materials are available in the City’s Laserfiche archive and may be accessed
through the Community Development viewer.
Unresolved Issues.
There are no unresolved issues with this application.
Project Summary
The Department of Community Development received a Preliminary Plat Application on January
10, 2025, requesting to subdivide 25.32 acres to create 45 buildable lots, 3 open space lots, and 1
city park lot with easements and associated right of way. The subject property is zoned R-3
(Residential Medium Density District).
Proposed land uses for the subdivision are primarily residential in the form of single household
dwellings on individual lots; however, several larger lots are proposed which could
accommodate multiple unit dwellings. Exhibit 6 below shows proposed uses over the entire
subdivision. Development of lots within the subdivision will be subject to Bozeman Municipal
Code (BMC) provisions at the time of development for R-3 Zoning.
One city park lot is proposed within the overall subdivision. The park totals 3.44 acres and will
connect to the existing parkland located to the east within the Southbridge Subdivision. Three
additional open space lots are proposed to facilitate stormwater retention, pedestrian right-of-
way, utilities, and watercourse and wetland buffers. A park master plan is included under
application document 005.
One collector and two local streets are proposed to be completed within the subdivision. The
extension of Blackwood Road along the southern property line running east-west, the extension
of Kurk Drive near the middle of the subdivision running east-west, and Last Loop Drive
extending north-south through the subdivision. Blackwood Road along the southern boundary is
considered a collector street and is proposed as a modified or custom street section to
accommodate adjacent unannexed property and will be constructed within a 45-foot-wide right-
of-way. This design process was reviewed under the authority of the Director of Transportation
and Engineering per BMC 38.200.010.F for modifications to the City’s street improvement
standards in BMC 38.400.010. The extensions of Kurk Drive and Last Loop Drive will be
constructed to local street standards within the required 60-foot-wide rights-of-way. Two alleys
are also proposed within the subdivision. Alley A is located within Block 1 in the northwest
corner of the subdivision, providing access to lots fronting on the proposed greenway corridor
per BMC 38.400.090.B.2.c. Alley B is located within Block 3 in the southwest corner of the
subdivision, providing additional access to lots along Blackwood Road and Last Loop Drive.
Alley A will be constructed within a 30-foot-wide right-of-way, and Alley B will be constructed
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25017 Staff Report for Meadow Bridge Subdivision Page 3 of 32
within a 20-foot-wide right-of-way. Both alleys will be maintained by the subdivision Property
Owners’ Association.
The subdivision is proposed to be completed in one phase and developed with uses permitted
under sketch plan review. Therefore, the application does not qualify for concurrent
construction. All subdivision improvements must be installed prior to the issuance of a building
permit for any lot within a subdivision.
A jurisdictional watercourse with associated wetlands and irrigation facility will be impacted by
the proposed subdivision. An unnamed tributary/intermittent stream/irrigation ditch crosses
north-south through the subject property, beginning near Blackwood Road and ending at
Parkway Avenue along the northern property line. A wetland delineation report is located in the
application documents under document 013. Extensions to Kurk Drive and Blackwood Road
will extend across the watercourse and wetland, however, culverts already exist and are not
proposed to be modified with the road extensions. Additionally, a 25-foot-wide public access
easement will extend across the watercourse and wetland area near the middle of the property to
provide a mid-block pedestrian crossing, mitigating overall block length requirements.
Application document 014.03 provides documentation from a water rights attorney identifying
no impacted agricultural water users. One upstream water rights owner was identified and a
notice of the proposed subdivision was provided per BMC 38.410.060.D.2.a and included as
document 014.05. The proposed subdivision is located within the Middle Creek Ditch
Company’s place of use, but it is unclear if the waterway is considered a lateral ditch or a natural
watercourse. To maintain transparency and caution, the applicant submitted notification of the
proposed subdivision to the Middle Creek Ditch Company in compliance with BMC
38.360.280.B and provided the required 45-calendar days for submittal of any written comments,
which ended on April 11, 2025. No comments have been received from the Middle Creek Ditch
Company at the time of writing this staff report. The applicant must contact the Gallatin County
Conservation District, Montana Department of Environmental Quality, and U.S. Army Corps of
Engineers regarding the proposed project and any required permits needed for impacting
watercourses and wetlands (i.e., 310, 404, Turbidity exemption, etc.). Any required permits must
be obtained by the applicant and provided to the Community Development Department prior to
construction and final plat approval. The City’s wetlands consultant reviewed the aquatic
resources delineation and functional assessment and found the reports to be sound, with a
recommended code provision for the application to obtain the required permits prior to
commencing any construction. Watercourse plantings as trees, shrubs, and native grass seed will
be provided for restoration where impacts are proposed for necessary infrastructure construction.
Further analysis of the watercourse and associated wetlands is located below in the staff analysis
section for Surface Water.
On May 22, 2025, the Development Review Committee (DRC) found the application sufficient
for continued review and recommends the conditions and code provisions identified in this
report.
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25017 Staff Report for Meadow Bridge Subdivision Page 4 of 32
The subdivider did not request any waivers or variances with this application. The City has
received one written public comment on the application as of the writing of this report.
The final decision for this preliminary plat must be made by August 19, 2025, or 60 working
days from the sufficiency date per BMC 38.240.100 and MCA 76-3-616 for exempt
subdivisions.
Alternatives
1. Approve the application with the recommended conditions;
2. Approve the application with modifications to the recommended conditions;
3. Deny the application based on the Commission’s findings of non-compliance with the
applicable criteria contained within the staff report; or
4. Continue the public meeting on the application, with specific direction to staff or the
subdivider to supply additional information or to address specific items.
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25017 Staff Report for Meadow Bridge Subdivision Page 5 of 32
TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 2
Unresolved Issues. .............................................................................................................. 2
Project Summary ................................................................................................................. 2
Alternatives ......................................................................................................................... 4
SECTION 1 – MAP SERIES .......................................................................................................... 6
SECTION 2 – REQUESTED VARIANCES ............................................................................... 12
SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL ........................................ 132
SECTION 4 – CODE REQUIREMENTS .................................................................................... 13
SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS ............................................ 16
SECTION 6 – STAFF ANALYSIS and findings ......................................................................... 16
Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC. .......................... 16
Documentation of compliance with adopted standards 38.220.060 ............................... 232
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 27
APPENDIX B – DETAILED PROJECT DESCRIPTION .......................................................... 29
APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 29
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................. 29
FISCAL EFFECTS ..................................................................................................................... 320
ATTACHMENTS ....................................................................................................................... 320
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SECTION 1 – MAP SERIES
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Exhibit 1 – Zoning
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Exhibit 2 – Future Land Use Map
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Exhibit 3 – Preliminary Plat (see all sheets in file)
Exhibit 4 – Landscaping Plan (see all sheets in file)
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Exhibit 5 – Parks and Open Space
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Exhibit 6 – Land Use Plan
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25017 Staff Report for Meadow Bridge Subdivision Page 13 of 32
SECTION 2 – REQUESTED VARIANCES
No variances are requested with this application.
SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this
report. These conditions are specific to this project.
Recommended Conditions of Approval:
1. The plat shall conform to all requirements of the Bozeman Municipal Code and the
Uniform Standards for Monumentations, Certificates of Survey, and Final Subdivision
Plats (24.183.1101 ARM, 24.183.1104 ARM, 24.183.1107 ARM)) and must be
accompanied by all required documents, including certification from the City Engineer
that as-built drawings for public improvements were received, a platting certificate, and
all required and corrected certificates. The Final Plat application must include one (1)
signed reproducible copy on a 3 mil or heavier stable base polyester film (or equivalent).
The Gallatin County Clerk & Recorders office has elected to continue the existing
medium requirements of 1 mylar with a 1 binding margin on one side for both plats and
COSs. The Clerk and Recorder will file the new Conditions of Approval sheet as the last
same sized mylar sheet in the plat set
2. The applicant must add the following notes to the conditions of approval sheet of the plat
related to the presence of high groundwater on the property:
a. The maintenance of all stormwater facilities, including stormwater facilities
within the park parcels, is the responsibility of the property owners' association
(POA).
b. No crawl spaces will be permitted with future development of the site, unless a
professional engineer registered in the State of Montana certifies that the lowest
point of any proposed structure is located above the seasonal
high groundwater level and provide supporting groundwater data prior to the
release of building permit. In addition, sump pumps are not allowed to be
connected to the sanitary sewer system.
c. Sump pumps are also not allowed to be connected to the drainage system unless
capacity is designed into the drainage system to accept the pumped water. Water
from sump pumps may not be discharged onto streets, such as into the curb and
gutters where they may create a safety hazard for pedestrians and vehicles.
SECTION 4 – CODE REQUIREMENTS
1. Sec. 38.100.080 – Compliance with regulations required. The applicant is advised that
unmet code provisions, or code provisions that are not specifically listed as conditions of
approval, does not, in any way, create a waiver or other relaxation of the lawful
requirements of the Bozeman Municipal Code or state law.
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25017 Staff Report for Meadow Bridge Subdivision Page 14 of 32
2. Sec. 38.220.020.A – Streambed, Streambank, and/or Wetlands Permits. The
applicant must contact the Gallatin County Conservation District, Montana Department
of Environmental Quality, and U.S. Army Corps of Engineers regarding the proposed
project and any required permits (i.e., 310, 404, Turbidity exemption, etc.). Any required
permits must be obtained by the applicant and provided to the Community Development
Department prior to construction and final plat approval.
3. Sec. 38.220.070.A.3 – Noxious Weeds. Prior to final plat approval, a memorandum of
understanding must be entered into by the weed control district and the developer. The
memorandum of understanding must be signed by the district and the developer prior to
final plat approval, and a copy of the signed document must be submitted to the
community development department with the application for final plat approval.
4. Sec. 38.220.300, 310, and 320. Property Owners’ Association. Final Property Owners’
Association (POA) documents, including covenants, must be provided with the final plat
prior to being finalized and recorded. The POA documents must include the requirements
of BMC 38.220.300, 310, and 320, where applicable. Additionally, based on the provided
documents, revise and add the following.
a. Page 1 states, ‘Declarant intends to develop Meadow Bridge in phases.’ Please
remove any language mentioning phasing, as the development is proposed in only
one phase.
b. Any section that requires the construction of sidewalks needs to match the City's
one-year requirement for financially guaranteeing sidewalks in BMC
38.270.060.D.2.
c. A section addressing agricultural uses of neighboring properties must be included
in the following form: "Lot owners and residents of the subdivision are informed
that adjacent uses may be agricultural. Lot owners accept and are aware that
standard agricultural and farming practices can result in dust, animal odors and
noise, smoke, flies, and machinery noise. Standard agricultural practices feature
the use of heavy equipment, chemical sprays and the use of machinery early in the
morning and sometimes late into the evening."
d. The applicant must provide a permanent funding source, such as the levying of
assessments against all properties within the development, for alley maintenance
where alleys in the development are designed to accommodate public utility lines
and other infrastructure. The alleys in the proposed subdivision functioning as
privately maintained public streets for the purposes of utility conveyance must
provide the required documentation detailed in BMC 38.400.020.A.2 prior to final
plat approval.
5. Sec. 38.240.410 through 38.240.540 – Plat Certificates. The language contained in the
certificates on the final plat must follow the language in the corresponding certificates in
this code section.
6. Sec. 38.270.090 – Development or Maintenance of Common Areas and Facilities by
Developer and Property Owners’ Association. The subdivision’s stormwater
maintenance plan must clearly state the following condition. "The property owners
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25017 Staff Report for Meadow Bridge Subdivision Page 15 of 32
association (Insert Final Property Owners Association Name as recorded in the CC&Rs)
shall be responsible for the maintenance of all stormwater management facilities located
outside of the public right-of-way." The approved stormwater plan must be incorporated
into the property owners’ association documents and a copy of the documents
demonstrating the inclusion of the stormwater maintenance plan must be provided prior
to final plat approval.
7. Sec. 38.400.110.A and 38.270.020.B.2.c – Transportation Pathways. The applicant
must construct the Shared Use Path identified in the 2023 Parks, Recreation, and Active
Transportation Plan (PRAT) within the development’s open space lots and parkland
dedication. Any necessary permits (310, 404, etc.) for bridges must be obtained by the
developer from the appropriate agency prior to installation of the stream crossings. Trail
plans and specifications must be submitted to the planning and parks departments for
review and approval prior to installation.
8. Sec. 38.400.070 – Street Lighting. Subdivision lighting special improvement lighting
district (SILD) information shall be submitted to the City and the district formed after
preliminary plat approval in hard copy and digital form. Any final plat application will
not be deemed complete until the resolution to create the SILD has been approved by the
City Commission. The initial adoption of the special improvement lighting district shall
include the entire area of the preliminary plat. The approval to create or annex to an
existing SILD must be granted prior to Final Plat Approval.
9. Sec. 38.400.090 - Access and Sec. 38.410.040 – Blocks. All pedestrian access easements
and open space lots used to mitigate block length and provide greenway corridor lot
frontage must be developed with landscaping and walkways prior to final plat approval
and cannot be deferred to adjacent property owners.
10. Sec. 38.410.060. - Easements. All Easements indicated below must be provided on city
standard easements templates. Drafts must be prepared for review and approval by the
city. Signed hard copies of the easements must be submitted to the City prior final plat
approval. The applicant may contact the review engineer to receive standard templates.
a. The final plat must provide all necessary utility easements, and they must be
described, dimensioned and shown on each subdivision block of the final plat in
their true and correct location.
b. The applicant must submit for review and approval all easements which designate
space for public or private utilities that are not in the designated pubic right of
way. All such easements applicable to the spatial orientation of utilities on the
plat, which are not in public right of way, must be reviewed, approved, executed
by applicable owners and the City Commission, and filed with the County Clerk
and Recorder's office prior to final plat approval.
11. Sec. 38.410.060.D – Easements for agricultural water user facilities. An agricultural
water user easement meeting the requirement of 38.410.060.D.1. must be dedicated for
the un-named tributary prior to final plat approval and include notice stating that the
easements are subject to the requirements of Section 70-17-112, MCA restricting
interference with canal or ditch easements and that irrigation works are subject to Section
85-7-2211 and 85-7-2212, MCA regarding duties and liability, per 38.410.060.D.6. The
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notice must include language to assure the duties are binding upon all successors in
interest and remain in effect until such time that the agricultural water user facility is
abandoned in accordance with the requirements of Montana Law or alternative
requirements are agreed to in writing by all applicable parties. The easements must be
prepared as documents separate from the final plat but may be referenced on a final plat.
a. The developer's professional engineer must certify prior to infrastructure approval
for the pedestrian bridge and construction of Blackwood Road or Kurk Drive, and
provide the certification with the final plat application materials, that the water
entering and exiting the realigned or relocated agricultural water user facility is
the same quality and amount of water that entered or exited the facility.
12. Sec. 38.410.130.D.3 - Water Adequacy. The city will determine the estimated increase
in annual municipal water demand attributable to the development. The applicant must
offset the estimated increase in annual municipal water demand attributable to the
development through one or more of the following means: 3. Payment to the city of cash-
in-lieu of water rights for that portion of the estimated annual municipal water demand
attributable to the development that is not offset under subsections D.1 and D.2. The
applicant has indicated they intend to pay cash-in-lieu of water to satisfy the code. The
CILWR fee determination will occur with the final plat applicant and must be paid prior
to approval of the final plat. .
a. The preliminary plat sheet 3 includes a note stating ‘Cash-in-lieu of water rights
have not been provided for all lots. Cash-in-lieu of water rights must be paid for
these lots with the future City site plan development or applicant development
application.’ Please remove this note from the plat as cash-in-lieu of water rights
must be paid by the developer prior to final plat and cannot be deferred to future
property owners.
13. Sec. 38.420.020 – Park area requirements and Sec. 38.420.080 – Park Development.
a. Land dedication meeting the requirements for parkland dedication must be met at
the time of final plat. Land dedicated to meet the requirements of this section
must be provided for public use.
b. A final park master plan and construction drawings are required prior to
requesting a preconstruction meeting and commencing park construction.
c. A preconstruction meeting with the Park Division is required prior to any site
work. Applicants must provide the most recent park plans with revisions red-lined
and request meeting at least 30 days prior to commencement of parkland
construction.
d. The following note must be added the final plat: The property owners’ association
is responsible for snow removal and maintenance of all recreation pathways
within the development, outside of the City park.
e. Easements for trails within open space parcels must include agreement to utilize
citywide wayfinding and allow parks staff to install and/or repair wayfinding.
14. Sec. 38.550.060 – Landscaping and irrigation performance and design standards.
Compliance with the most recent version of the City of Bozeman Landscape and
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Irrigation Performance and Design Standards Manual is required pursuant to this division
and chapter 40, article 2 of this Code. The applicant must demonstrate compliance with
final landscaping drawings per Sec. 38.220.070.
a. "City of Bozeman Landscape and Irrigation Performance and Design Standards
Manual" - 3.1.3. Prior to commencing any work, the applicant must contact the
Water Conservation Division to schedule a pre-installation meeting.
b. "City of Bozeman Landscape and Irrigation Performance and Design Standards
Manual" - 3.2.2 - "Required Elements of the Landscape Design Plan for Final Plat
and Site Plan" - and 3.3.3 - "Required Elements of the Irrigation System Design
Plan for Final Plat or Site Plan". A landscape and irrigation plan(s) following the
requirements of these sections must be submitted and approved by the Water
Conservation Division at final plat or prior to installation (whichever occurs first).
15. Sec. 38.550.070 – Landscaping of Public Lands. The developer must at the time of
initial development install landscaping, boulevard trees and an irrigation system in city
rights-of-way boulevard strips and medians along all collector or arterial streets and all
streets adjacent to parks or open space areas prior to final plat approval. Prior to installing
landscaping in these areas, the developer must submit a landscaping and irrigation plan to
the city for review and approval. The landscape and irrigation plan must be prepared by a
qualified landscaping professional meeting the requirements of this division 38.550.
SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS
The Development Review Committee (DRC) determined the application was sufficient for
continued review and recommended approval with conditions on May 22, 2025.
Planning Board meeting will be held - Monday, July 7, 2025 at 6:00 pm.
City Commission meeting will be held Tuesday, July 15, 2025 at 6:00 pm
SECTION 6 – STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application materials,
municipal codes, standards, plans, public comment, and all other materials available during the
review period. Collectively this information is the record of the review. The analysis in this
report is a summary of the completed review.
Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC.
In considering applications for subdivision approval under this title, the advisory boards and City
Commission shall consider the following:
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1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and
Platting Act
The preliminary plat was prepared in accordance with the surveying and monumentation
requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered
in the State of Montana. As noted in the code requirements, the final plat must comply with State
statute, Administrative Rules of Montana, and the Bozeman Municipal Code.
2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana
Subdivision and Platting Act
The final plat must comply with the standards identified and referenced in the Bozeman
Municipal Code. The subdivider is advised that unmet code provisions, or code provisions not
specifically listed as a condition of approval, do not, in any way, create a waiver or other
relaxation of the lawful requirements of the Bozeman Municipal Code or State law. Sections 3
and 4 of this report identify conditions and code provisions necessary to meet all municipal
standards. The listed code requirements address necessary documentation and compliance with
standards. Therefore, upon satisfaction of all conditions and code corrections the subdivision will
comply with the subdivision regulations.
3) Compliance with the local subdivision review procedures provided for in Part 6 of the
Montana Subdivision and Platting Act
The Bozeman Planning Board public meeting and City Commission public meetings were
properly noticed in accordance with the Bozeman Municipal Code. Based on the
recommendation of the Development Review Committee (DRC) and other applicable review
agencies, as well as any public testimony received on the matter, the City Commission will make
the final decision on the subdivider’s request. Review of this subdivision was conducted under
the terms of 76-3-616 MCA as authorized in 38.240.100.
The Department of Community Development received a preliminary plat application on January
10, 2025. The DRC reviewed the preliminary plat application and determined the submittal did
not contain the detailed, supporting information that was sufficient to allow for the continued
review of the proposed subdivision.
A revised application was received on March 7, 2025. The DRC determined the application was
still not adequate for continued review.
A revised application was received on April 23, 2025. The DRC determined the application was
adequate for continued review May 22, 2025 and recommended conditions of approval and code
corrections for the staff report.
The applicant posted public notice on the subject property on May 29, 2025. The applicant sent
public notice to all landowners of record within 200-feet of the subject property via first class
mail, on June 13, 2025. One public comment has been received on this application as of the
writing of this report.
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On July 1, 2025, a major subdivision staff report was completed and forwarded with a
recommendation of conditional approval for consideration to the Planning Board.
4) Compliance with Chapter 38, BMC and other relevant regulations
Community Development staff and the DRC reviewed the preliminary plat against all applicable
regulations and the application complies with the BMC and all other relevant regulations with
conditions and code corrections. This report includes Conditions of Approval and required code
provisions as recommended by the DRC for consideration by the City Commission to complete
the application processing for final plat approval. All municipal water and sewer facilities will
conform to the regulations outlined by the Montana Department of Environmental Quality and
the requirements of the Design Standards and Specifications Policy (DSSP) and the City of
Bozeman Modifications to Montana Public Works Standard Specifications.
Water/sewer – The subdivision will not significantly burden city's water and sewer
infrastructure with the recommended conditions of approval and code provisions. Document 017
contains the preliminary design report for water systems improvements in the proposed
subdivision, stamped by a professional engineer licensed in the State of Montana. Document
018 contains the preliminary design report for sanitary sewer system improvements in the
proposed subdivision, also stamped by a professional engineer licensed in the State of Montana.
Both reports were reviewed by the Engineering Division for compliance with state and local
Public Works Standard Specifications, the City’s design standards, the City of Bozeman Water
Facility Plan, and the City of Bozeman Fire Service Line Standard and found to meet with code
provisions the City’s review requirements. Per the water design report, “the model’s results show
the existing and proposed main extensions will adequately supply the required domestic demands
for the project during all scenarios.” Additionally, per the sewer design report, “the existing
sanitary sewer mains and proposed extensions will serve the proposed subdivision.” Final plans
and specifications will be prepared and reviewed after action on the preliminary plat. The
proposed design will utilize existing water mains within S 23rd Avenue, Last Loop Drive and
Blackwood Road. A new water main is proposed to extend within the Alley A right-of-way to
serve the lots adjacent to the alley in the northwest corner of the subdivision. Another new water
main will connect to the existing mains within Kurk Drive and Parkway Avenue. Existing
sanitary sewer mains to serve the subdivision are located within S 23rd Avenue, Last Loop Drive
and Parkway Avenue. New sanitary sewer mains are proposed to extend within Alley A, Alley
B, Last Loop Drive, and S 23rd Avenue to serve the proposed lots adjacent to those roadways.
Through the subdivision review process, the applicant has proposed two alley sections that will
contain either a single public utility or both water and sewer mains. Due to the requirement for a
utility line to be no more than 9 feet from the edge of the easement or less than 10 feet from a
parallel utility line, the alley widths are proposed to be either 20 feet or 30 feet to accommodate
the presence of this utility infrastructure. Code provision 4d requires funding and maintenance of
all alleys that contain public utilities by the property owners’ association. Since the alleys are
functioning as local streets for the purposes of utility conveyance, this code provision also
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requires a hold harmless and indemnification agreement and a perpetual legal instrument,
acknowledging that the city will not assume dedication and maintenance of the alleys due to the
presence of the private utilities per BMC 38.400.020.A.2. Code provision 12 requires the
applicant offset estimated water demand prior to final plat approval per subsection D of BMC
38.410.130. Per this section, the application may either transfer water rights into city ownership
that are appurtenant to the land being developed or as acceptable to the city, provide payment of
cash-in-lieu of water rights at a rate established by the most recent City Commission resolution,
or a combination of both. Document 014.03 provides documentation a search of the Montana
Department of Natural Resources and Conservation (DNRC) Water Rights Query System
returned no water rights appurtenant to the subject property proposed for subdivision. The
applicant is proposing to provide cash-in-lieu of water rights to comply with the requirements of
BMC 38.410.130.D. Code provision 12 requires the developer to pay the required cash-in-lieu
of water rights fee with the final plat application.
Easements - The final plat must provide and depict all necessary utilities and required utility
easements. Code provision 10 requires that all easements, existing and proposed, must be
accurately depicted and addressed on the final plat and in the final plat application. Public utilities
will be located within dedicated street rights-of-way and alleys. The applicant must submit for
review and approval all easements, which designate space for public or private utilities that are not
in the designated pubic right of way. Additional required easements include public drainage
easements for any stormwater facilities located on private property, a 10-foot wide public sidewalk
easement along lots 1 through 7 in Block 1, which front onto the greenway corridor open space
per BMC 38.400.090.B.2.c, and 25-feet wide public access easements running east-west and north-
south through the Open Space 3 lot for the mid-block pedestrian connection and the proposed 10-
feet wide asphalt trail corridors. All easements must be provided using the City’s standard
language. Ten-foot front yard utility easements are depicted on the preliminary plat and are
proposed to be granted with the final plat in accordance with standards. Copies of additional
existing easements are required to be provided with the final plat application.
Parks – The applicant proposes to meet Park and Recreation requirements through parkland
dedication. Park and Recreation requirements using a net residential land area of 8.53 acres and
dedication of 5.28 dwelling units per acre, multiplied by 0.03 acres per dwelling unit of land,
result in an initial requirement of 1.35 acres of land dedication. The developer is proposing 3.45
acres to be dedicated to the City; however, only 1.66 acres of the proposed area qualifies for the
parkland dedication per BMC 38.420.020 and BMC 38.420.080.D. The proposed parkland is
located in the northeast corner of the development, with frontage along Enterprise Boulevard and
Kurk Drive. The proposed parkland will connect to an existing 1.67 acres of parkland within the
Southbridge Subdivision directly east of the subject property. The two parks together will total
approximately 5.12 acres of City parkland between the two developments. An existing
stormwater facility is located within the proposed parkland adjacent to Enterprise Boulevard. As
identified in BMC 38.420.080.D, a stormwater facility may be located within public parkland,
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but the areas do not count towards the required dedication and must be maintained by the
property owner’s association. The proposed parkland dedication is described in document 005
Meadow Bridge Park Master Plan. Proposed amenities to be constructed by the developer
include walking trails, benches, various trail connections, natural areas, and dog stations.
The 2023 Parks, Recreation, and Active Transportation Plan (PRAT) identifies a future Shared
Use Path within the development area. The proposed subdivision includes a north-south 10-foot
wide asphalt transportation pathway through the southern Open Space 3 lot, connecting
Blackwood Road and Kurk Drive. The pathway will be located within a 25-foot-wide public
access easement. The southern portion of the path will be located behind Lots 13 through 23 in
Block 3, between the lots and the open space, and then will meander to align and extend along S
23rd Avenue to its connection with Kurk Drive. In order to minimize disturbance to the
watercourse and wetlands, the easement and path are located as close to the lots as possible;
however, portions of the pathway extend into the watercourse buffer. As permitted in BMC
38.410.100.A.2.e.2.a, trails and trail-related improvements may be placed within the Zone 2
watercourse setbacks. Document 014.01 identifies the portions of the trail that will extend into
the Zone 2 setback. A second 10-foot-wide asphalt pathway will extend east-west through Open
Space 3 as a mid-block pedestrian connection. This path will also be located within a 25-foot-
wide public access easement and will encroach into the Zone 1 and Zone 2 watercourse setbacks.
BMC 38.410.100.A.2.e.2.e permits trails to cross the watercourse within all zones, provided that
appropriate local, state, and federal permits are obtained. Within the proposed park dedication
lot in the northeast corner of the subdivision, the developer is proposing a 12-foot-wide asphalt
pathway connecting Kurk Drive with Enterprise Boulevard. This pathway is proposed to be
wider in order to accommodate necessary maintenance access to the proposed City park. No
portions of the northern pathway are proposed to encroach on the watercourse setbacks.
Code provision 13 identifies multiple code provisions related to the proposed parkland and trail
system. Provision 13b requires a final park master plan and construction drawings prior to
requesting a preconstruction meeting. Provision 13c requires a preconstruction meeting with the
Parks Division prior to commencement of parkland construction. These two provisions will help
the applicant to follow the correct construction process with the City. Provision 13d requires a
note on the plat that the property owners’ association is responsible for snow removal and
maintenance of all recreation pathways within the development, outside of the city park. The
developer will be responsible for maintaining the pathways until 50% of the lots have been sold.
This provision ensures maintenance of pathways within the development does not become a
burden to the Parks Department. Provision 13e requires that easements for trails located within
open space parcels must include the citywide wayfinding signage and allow Parks staff to install
and/or repair wayfinding signs. This provision will help connect the proposed trails to citywide
park infrastructure with consistent signage and directions for users. The proposed park master
plan meets the required parkland dedication and improvement standards with conditions and
code provisions. The Parks Department reviewed the parkland proposal for consistency with the
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park master plan for Meadow Bridge Subdivision, adjacent park master plans, and area sub-
plans.
Stormwater – A preliminary stormwater design report was prepared by a professional engineer
with Sanbell and is located under application document 019. Due to the history of the
surrounding developments, the majority of the necessary infrastructure has been installed prior to
this subdivision application. However, the proposed subdivision will construct additional
stormwater control facilities, which will conform to municipal code and design standards. An
existing wet stormwater pond is located within the portion of the property to be dedicated to the
City for required parkland, but will be maintained by the developer and the future property
owners’ association. Four additional stormwater ponds (1 wet and 3 dry) will also be
constructed with the proposed development throughout the Open Space lots. Code provision 6
details the required development or maintenance of common areas and facilities to be maintained
by the property owners’ association and requires the property owners’ association to maintain all
stormwater facilities outside of the public right-of-way, with the incorporation of a maintenance
plan into the association documents prior to final plat approval. This will ensure the proper
maintenance of necessary stormwater infrastructure as the subdivision is developed and
occupied. An associated plat note is provided on preliminary plat sheet 3 to notify future
property owners of the property owners’ association requirements for ongoing maintenance of
these stormwater facilities.
Agricultural water user facility – The applicant provided document 014.03 from a water rights
attorney, which identified no impacted agricultural water users with this preliminary plat
application. One upstream water rights owner was identified, and a notice of the proposed
subdivision was provided per BMC 38.410.060.D.2.a and included as document 014.05. The
proposed subdivision is located within the Middle Creek Ditch Company’s place of use, but it is
unclear if the waterway is considered a lateral ditch or a natural watercourse. To maintain
transparency and caution, the applicant submitted notification of the proposed subdivision to the
Middle Creek Ditch Company in compliance with BMC 38.360.280.B, and provided the required
45-calendar days for submittal of any written comments, which ended on April 11, 2025. No
comments have been received from the Middle Creek Ditch Company at the time of writing this
staff report. Existing culverts are already located below the proposed Kurk Drive and
Blackwood Road and are not proposed to be modified with the road extensions. An agricultural
water user’s easement must be provided per code provision 11. The easements must be prepared
as documents separate from the final plat but may be referenced on the final plat. The developer's
professional engineer must certify, prior to final plat approval, that the water entering and exiting
the realigned or relocated agricultural water user facility is the same quality and amount of water
that entered or exited the facility prior to realignment or relocation. The code provision is
required to ensure that downstream agricultural water users are not impacted, and appropriate
access for maintenance is provided per state law.
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Police/Fire – The City of Bozeman’s Police and Fire emergency response area includes this
subject property. The subdivision does not impact the City’s ability to provide emergency
services to the subject property. The necessary addresses will be provided to enable 911 response
to individual parcels prior to recording of the final plat. Fire protection standards require
installation of fire hydrants at designated spacing to ensure adequate protection.
5) The provision of easements to and within the subdivision for the location and installation
of any necessary utilities
The final plat will provide and depict all necessary utilities and required utility easements. Code
requirement 10 requires that all easements, existing and proposed, must be accurately depicted
and addressed on the final plat and in the final plat application. Public utilities are generally
located within dedicated street and alley rights-of-way. Easements for future roadways and parks
are required prior to final plat approval.
6) The provision of legal and physical access to each parcel within the subdivision and the
notation of that access on the applicable plat and any instrument transferring the parcel
The final plat will provide legal and physical access to each parcel within the subdivision. All of
the proposed lots will have frontage on public streets, or frontage on an improved alley and a
greenway corridor or trail corridor with public access, as allowed in BMC 38.400.090. The
proposed preliminary plat sheet 2 depicts the 10-foot wide public sidewalk easement between
Lots 1-7 of Block 1 and Open Space 1 to comply with the greenway corridor requirement.
Documentation of compliance with adopted standards 38.220.060
The Development Review Committee (DRC) completed a subdivision pre-application plan
review on August 9, 2024 and no variances were requested. No waivers were granted during pre-
application review.
Staff offers the following summary comments on the documents required with Article
38.220.060, BMC.
38.220.060.A.1 – Surface water
An unnamed tributary/intermittent stream/irrigation ditch crosses north-south through the subject
property, beginning near Blackwood Road and ending at Parkway Avenue along the northern
property line, as classified by the Gallatin County Conservation District due to the presence of
flowing water year-round. A wetland delineation report is located in the application documents
under document 013. Extensions to Kurk Drive and Blackwood Road will extend across the
watercourse and wetland; however, culverts already exist and are not proposed to be modified
with the road extensions. Additionally, a 25-foot-wide public access easement will extend across
the watercourse and wetland area near the middle of the property to provide a mid-block
pedestrian crossing, mitigating overall block length requirements. The proposed subdivision is
located within the Middle Creek Ditch Company’s place of use, but it is unclear if the waterway
is considered a lateral ditch or a natural watercourse. In an effort to maintain transparency and
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caution, the applicant submitted notification of the proposed subdivision to the Middle Creek
Ditch Company in compliance with BMC 38.360.280.B, and provided the required 45-calendar
days for submittal of any written comments, which ended on April 11, 2025. No comments have
been received from the Middle Creek Ditch Company at the time of writing this staff report.
A wetland delineation report dated June 11, 2024 was provided by Morrison-Maierle and
reviewed by the city’s wetland consultant TerraQuatic. Per the wetland delineation, the subject
property contains 2,519 linear feet of unnamed tributary, 1.63 acres of freshwater emergent
wetlands and 0.92 acres of freshwater emergent scrub-scrub wetlands. The waterway and
wetlands are located in the middle of the subject property running north-south.
TerraQuatic provided a list of corrections for their aquatic resources analysis of the wetland and
watercourse information presented in a letter provided to the applicant dated April 11, 2025. The
main correction requested specific quantities of watercourse setback plantings meeting the
requirements of BMC 38.410.100.A.2.f.1. The applicant provided the required information on
April 23, 2025, with an updated version of drawing 014 Overall Site Plan. Because final impacts
to the waterway and associated wetlands area are subject to final infrastructure review design,
which will occur following the preliminary plat review, the applicant cannot provide exact
impacts with this application. The wetland impacts are under the purview of the U.S. Army
Corps of Engineers. The applicant has stated that a “Joint Application for Proposed Work in
Montana’s Streams, Wetlands, Floodplains, and other Water Bodies” is currently being prepared
to mitigate any relevant wetland concerns but has not been finalized or submitted. Code
provision 2 requires the applicant obtain required permits from the Gallatin County Conservation
District, Montana Department of Environmental Quality, and the U.S. Army Corps of Engineers
regarding the proposed project. These permits must be applied during infrastructure review and
provided prior to construction and final plat approval.
Water course plantings as trees, shrubs, and native grass seed will be provided for restoration and
meet BMC 38.410.100.
38.220.060.A.2 - Floodplains
The subject property is not located within the 100-year floodplain. The property is depicted on
the Flood Insurance Rate Map (FIRM) panel 30031C0814D with an effective date of September
1, 2011, and a Letter of Map Revision (LOMR) 15-08-1248P with an effective date of October
30, 2015. Additionally, the City of Bozeman floodplain administrator reviewed the Meadow
Bridge Subdivision – Floodplain Memorandum dated March 6, 2025 provided by document
014.07 and found it to be compliant with the requirements of BMC 38.600. Pursuant to BMC
38.600.150.D, the floodplain administrator approved the Meadow Bridge Subdivision Floodplain
Memorandum.
38.220.060.A.3 - Groundwater
A groundwater investigation was completed from January 31, 2024 to September 4, 2024 and
provided in the Preliminary Stormwater Design Report by Morrison Maierle and was stamped
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and signed by a professional engineer. This is located in application document 019. The
submitted groundwater monitoring found that groundwater was located less than ½ a foot (0.371
feet) below the surface at MW-2, located in the northwest portion of the site, and approximately
3.21 feet below the surface at MW-6. The remaining sites averaged between 5 feet and 6 feet
below the ground surface. The stormwater design report states that since the bottom of the
proposed stormwater ponds are within 2 feet of seasonally high groundwater elevations, the pond
will be designed as a wet pond in compliance with City standards. This report was evaluated by
the Engineering Division against code requirements in Chapter 38 and engineering design
manuals and was found to meet standards. As a condition of approval, the developer must add a
note on the final plat stating no crawl spaces will be permitted with future development of the
site unless a professional engineer registered in the State of Montana certifies that the lower
point of any proposed structure is located above the seasonal high groundwater level and
provides supporting groundwater data prior to the release of a building permit. Additionally,
sump pumps are not allowed to be connected to the sanitary sewer system or the drainage system
and may not be discharged onto streets where they may create a safety hazard for pedestrians and
vehicles.
38.220.060.A.4 - Geology, Soils and Slopes
This subdivision will not significantly impact the geology, soils, or slopes. No significant
geological features or slopes exist on the site. A geotechnical investigation report was provided
by Rawhide Engineering Inc. and has been stamped and signed by a professional engineer
registered in the State of Montana and reviewed by the Engineering Division for compliance
with City standards.
38.220.060.A.5 - Vegetation
This subdivision will not significantly impact vegetation. No critical plant communities
identified on site. The existing watercourse and associated wetlands will be preserved in the
proposed open space lots and dedicated parkland. The applicant is requesting one departure from
the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual under
BMC 38.550.060. The departure narrative is located in document 026. Specifically, the
applicant requests the established vegetation preservation departure to preserve trees on site to
meet the tree planting requirements of the landscape design manual. Utilizing the departure
allows the development to reduce the area required for new landscaping and allows for a more
water-efficient landscape design in the open spaces, preserving their natural state. This is in
keeping with the City’s water conservation goals and the character of the surrounding
neighborhood. Departure criteria is located within the Landscape and Irrigation Performance
and Design Standards Manual. The City’s Water Conservation Division has reviewed and
approved the requested departure.
38.220.060.A.6 - Wildlife
This subdivision will not significantly impact wildlife. There are no known critical habitats on
the property, or observed or mapped threatened or endangered species. The property is bound by
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existing city streets and residential developments to the north, east, and west. Agricultural uses
and undeveloped land are adjacent to the proposed development to the south. The aquatic
resources on the property include the existing watercourse and associated wetlands, which have
been identified and included in the wetland delineation report found in document 013. Impacts
to this area have been discussed above under Surface Water. The applicant provided an
Environmental Assessment in document 006 and contacted the State of Montana Fish, Wildlife
and Parks (FWP) for comments on the proposed project. The FWP recommended a minimum of
100 feet of vegetated buffer plus 30 additional feet for a building setback, for a total of at least
130 feet from the wetlands. Additionally, FWP recommended promoting and maintaining an
intact riparian zone along the stream within the development to help protect bank integrity as
well as downstream habitats. These recommendations from FWP conflict with the requirements
found in the City’s development regulations. The applicant is proposing a minimum 50-foot
buffer from the edge of the wetlands, as required by BMC 38.410.100, to ensure no lots are
within the area. The applicant is also required to plant watercourse plantings near the stream to
ensure the banks are maintained. Any impacts to the watercourse and wetland will be mitigated
with the required 310 and 404 permits.
38.220.060.A.7 - Agriculture
This subdivision will not impact agriculture. The site was originally a remainder parcel which
resulted from two previous subdivisions, Meadow Creek Subdivision to the west and South
Bridge Subdivision to the east. Although undeveloped, no agricultural uses have occurred on the
property in many years, and no agricultural activities are proposed as the subdivision is
developed. The subject property is designated as Urban Neighborhood according to the 2020
Bozeman Community Plan and is zoned R-3 Residential Medium Density District. The subject
property is adjacent to an unannexed agricultural development to the south. The adjacent
agricultural uses require the applicant to include a section in future property owners’ association
documents addressing agricultural uses of neighboring properties in the following form: "Lot
owners and residents of the subdivision are informed that adjacent uses may be agricultural. Lot
owners accept and are aware that standard agricultural and farming practices can result in dust,
animal odors and noise, smoke, flies, and machinery noise. Standard agricultural practices
feature the use of heavy equipment, chemical sprays and the use of machinery early in the
morning and sometimes late into the evening."
38.220.060.A.8 - Agricultural Water User Facilities
See discussion above under primary review criteria.
38.220.060.A.9 - Water and Sewer
The subdivision will not significantly impact city water and sewer infrastructure. Water and
sewer improvements will be designed to meet City of Bozeman Standards and State Department
of Environmental Quality Standards and Regulations. Also see discussion above under primary
review criteria.
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38.220.060.A.10 - Stormwater Management
The subdivision will not significantly impact stormwater infrastructure. See discussion above
under primary review criteria.
38.220.060.A.11 - Streets, Roads and Alleys
The subdivision will not significantly impact the City’s street infrastructure and will provide
adequate improvements to support the proposed development and nearby areas by improving
adjacent collector and local streets, enhancing multi-modal transportation, and providing local
street access to proposed developable lots.
One collector and two local streets are proposed to be completed within the subdivision. The
extension of Blackwood Road along the southern property line running east-west, the extension
of Kurk Drive near the middle of the subdivision running east-west, and Last Loop Drive
extending north-south through the subdivision. Blackwood Road along the southern boundary is
considered a collector street and is proposed as a modified or custom street section to
accommodate adjacent unannexed property and will be constructed within a 45-foot-wide right-
of-way. This design process was reviewed under the authority of the Director of Transportation
and Engineering per BMC 38.200.010.F for modifications to the City’s street improvement
standards in BMC 38.400.010. The extensions of Kurk Drive and Last Loop Drive will be
constructed to local street standards within the required 60-foot-wide rights-of-way. Two alleys
are also proposed within the subdivision. Alley A is located within Block 1 in the northwest
corner of the subdivision, providing access to lots fronting on the proposed green space per BMC
38.400.090.B.2.c. Alley B is located within Block 3 in the southwest corner of the subdivision,
providing additional access to lots along Blackwood Road and Last Loop Drive. Alley A will be
constructed within a 30-foot-wide right-of-way and Alley B will be constructed within a 20-foot-
wide right-of-way. Both alleys will be maintained by the subdivision Property Owners’
Association.
A Traffic Impact Study (TIS) dated February 2025, stamped and signed by a professional
engineer, was provided in document 012 and evaluated by the reviewing engineer for compliance
with adopted design standards and code requirements.
38.220.060.A.12 – Non-Municipal Utilities
The applicant has received confirmation of future service connections from Northwestern
Energy, Blackfoot Communications, Charter, CenturyLink, and Yellowstone Fiber for the
proposed subdivision. These responses are provided under application document 027.
38.220.060.A.13 - Land Use
The application has provided future land use data consistent with the R-3 zoning district.
Proposed land uses for the subdivision are primarily residential in the form of single detached
households on individual lots; however, several larger lots are proposed, which could
accommodate multiple dwellings. Exhibit 6 below shows proposed uses over the entire
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25017 Staff Report for Meadow Bridge Subdivision Page 28 of 32
subdivision. Development of lots within the subdivision will be subject to Bozeman Municipal
Code (BMC) provisions at the time of development for R-3 Zoning. The proposed subdivision
complies with the minimum density of 5 dwellings per net acre for the R-3 Zoning per BMC
38.320.030.C. The net residential density is calculated as the number of residential units per
buildable land, excluding any land to be used as street rights-of-way or parks. The proposed
subdivision contains a total of 25.32 acres and will be divided into 8.53 acres of residential lots,
3.23 acres of street rights-of-way, 3.45 acres of parkland, and 10.11 acres of open space. The
subdivision is proposing 45 dwelling units on the 8.53 net acres and will therefore have a
minimum residential density of 5.28 dwelling units per acre. The proposed subdivision is
compliant with the minimum required density of the R-3 Zoning.
38.220.060.A.14 - Parks and Recreation Facilities
The proposed subdivision will provide 3.45 acres of new dedicated City parkland. The proposal
meets the required park dedication and improvement standards with conditions and code
provisions. The Parks Department reviewed the parkland proposal. See the previous discussion
under Parks in the primary review criteria.
38.220.060.A.15 - Neighborhood Center Plan
To provide a neighborhood focal point, all residential subdivisions that are ten net acres in size
or greater must have a neighborhood center. The proposed subdivision is 8.53 net acres and,
therefore, is exempt from the requirement of a neighborhood center.
38.220.060.A.16 - Lighting Plan
Subdivision or street lighting is required pursuant to BMC 38.570.030. All street lights installed
must use LED light heads and must conform to the City’s requirement for cut-off shields as
required by the City’s specifications. A Special Improvement Lighting District (SILD) must be
created prior to final plat application. Code provision 8 is related to this issue.
38.220.060.A.17 - Miscellaneous
The proposed subdivision is not located within 200 feet of any public land access or within a
delineated Wildland Urban Interface area. No health or safety hazards on-site or off-site will be
created with this development.
38.220.060.A.19 - Affordable Housing
This application does not rely on incentives authorized in 38.380. Therefore, no analysis is
required.
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The subject property is zoned R-3, Residential Medium Density District. The intent of the R-3
residential medium density district is to provide for the development of one- to five-household
residential structures near service facilities within the city. This purpose is accomplished by:
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25017 Staff Report for Meadow Bridge Subdivision Page 29 of 32
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 proposed subdivision is appropriate for this zone because of the proposed pedestrian
amenities, enhancement of the natural environment within parks and open spaces, and the
development of primarily residential single detached households on individual lots with several
larger lots which could accommodate multiple dwellings.
Adopted Growth Policy Designation:
Table 4 of the Bozeman Community Plan 2020 shows the correlation between future land use
map designations and implementing zoning districts. (See below for the Table)
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25017 Staff Report for Meadow Bridge Subdivision Page 30 of 32
The subject property is designated as Urban Neighborhood. 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
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25017 Staff Report for Meadow Bridge Subdivision Page 31 of 32
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.
This proposed subdivision is well suited to implement the Urban Neighborhood designation by
providing residential development in the form of single detached households on individual lots
with several larger lots which could accommodate multiple dwellings along a collector and
multiple local streets. The proposed subdivision also plans pedestrian amenities across the park,
trail, and open space system, allowing access to the surrounding streets with existing pedestrian
networks. Density and individual uses will be evaluated at the time of development against the
R-3 zoning requirements.
The proposed subdivision meets the following Bozeman Community Plan 2020 goals:
N-1 Support well-planned, walkable neighborhoods.
N-1.5 Encourage neighborhood focal point development with functions, activities, and facilities
that can be sustained over time. Maintain standards for placement of community focal points and
services with new development.
N-1.9 Ensure multimodal connections between adjacent developments.
N-1.10 Increase connectivity between parks and neighborhoods through continued trail and
sidewalk development. Prioritize closing gaps within the network.
APPENDIX B – DETAILED PROJECT DESCRIPTION
Project Background and Description
A preliminary plat application by the applicant, Intrinsik Architecture, 106 E. Babcock Suite IA,
Bozeman, MT 59715, representing owner Meadow Bridge LLC, 242 S 64th Street W, Billings,
MT 59106.
APPENDIX C – NOTICING AND PUBLIC COMMENT
Notice was provided at least 15 and not more than 45 days prior to the City Commission public
meeting per BMC 38.220.420. The City scheduled a public notice for this application on June
16, 2025. The applicant posted a public notice on the subject property on May 29, 2025. The
City sent a public notice to physically adjacent landowners of record within 200 feet of the
subject property via first-class mail on June 13, 2025. The City has received one written public
comment on the application as of the writing of this report. The submitted comment identified
concerns with safety and traffic with the proposed connection of Blackwood Road between the
two existing subdivisions.
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF
Owner: Meadow Bridge LLC, c/o Derek Williams, 242 S 64th Street W, Billings, MT
59106
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25017 Staff Report for Meadow Bridge Subdivision Page 32 of 32
Applicant: Intrinsik Architecture, 106 E. Babcock Suite IA, Bozeman, MT 59715
Representative: Intrinsik Architecture, 106 E. Babcock Suite IA, Bozeman, MT 59715
Report By: Bailey Minnich, Development Review Planner
FISCAL EFFECTS
Fiscal impacts are undetermined at this time, but will include increased property tax revenues
from new development, along with increased costs to deliver municipal services to the property.
Impact fees will be collected at the time of building permit issuance for individual buildings
along with City sewer and water connection fees.
ATTACHMENTS
The full application and file of record can be viewed digitally at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715, as well as digitally at
https://www.bozeman.net/departments/community-development/planning/project-information-
portal, select the “Project Documents Folder” link and navigate to application 25017.
Project documents are available at this direct link to the public Laserfiche archive for application
25017.
The following documents and drawings are available in the online public archive:
• Meadow Bridge Subdivision Preliminary Plat sheet 2 (other individual sheets located in
the drawings folder linked above)
• Overall landscaping plan
• Plat Narrative
• Land use
• Park master plan
• Overall subdivision green plan
41
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 PLI on 1.048 Acres, the
2221 South 3rd Annexation, Application 24714
MEETING DATE:July 7, 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 24714 and move to recommend
approval of the 2221 South 3rd Avenue 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 applicants and property owner, Museum of the Rockies, seek to annex a
1.048-acre parcel into the City limits and establish initial zoning of PLI, Public
Lands and Institutions. The property is currently zoned Public Lands and
Institutions within the county and hosts a single-household structure with
associated out buildings. Immediate vicinity municipal zoning includes R-1,
Residential Single-Household Low Density, a recently annexed property
directly to the south zoned R-3, Residential Medium-Density, and more
diverse zoning designations within one third of a mile that includes R-2, B-P,
B-1, R-3, and R-O. Even a small parcel of Agricultural Suburban unannexed
property kitty corner across South 3rd to the east.
The Bozeman Community Plan 2020 (BCP2020) designates this and the
surrounding property as Public Institutions on the Future Land Use Map.
Schools are a dominate use including Montana State University. Other
typical uses are libraries, fire stations, and publicly operated utilities.
Pursuant to section 38.300.130, BMC, the intent of the PLI public lands and
institutions district is to provide for major public and quasi-public uses
outside of other districts. Not all public and quasi-public uses need to be
42
classified PLI. Some may fit within another district; however, larger areas will
be designated PLI.
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:
24714 2221 South 3rd ANNEX - ZMA CDB SR.pdf
Report compiled on: June 30, 2025
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Page 1 of 34
24714 Staff Report for the 2221 South 3rd Avenue Annexation & ZMA
Public Hearings: Community Development Board (map amendment only) July 7, 2025
City Commission (Annexation and map amendment) July 22, 2025
Project Description: Annexation of 1.048 acres and amendment of the City Zoning Map
for the establishment of a zoning designation of PLI (Public Lands & Institutions).
Project Location: Property is addressed as 2221 South 3rd Avenue and more accurately
described as Tract 2, COS 2636, located in the Southeast One-Quarter (SE ¼),
Section 13, Township Two South (T2S), Range Five East (R5E), P.M.M., Gallatin
County, Montana. The annexation and zone map amendment would also apply to
the street adjacent to the property.
Recommendation: Meets standards for approval with contingencies.
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 24714 and move
to recommend approval of the 2221 South 3rd Avenue Zone Map Amendment, with
contingencies required to complete the application processing.
Recommended 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 24714 and move
to approve the 2221 South 3rd Avenue Annexation with recommended terms of
annexation, and direct staff to prepare an annexation agreement for signature by
the parties.
Recommended 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 24174 and move to approve the 2221
South 3rd Avenue Zone Map Amendment, with contingencies required to
complete the application processing.
Report: June 30, 2025
Staff Contact: Tom Rogers, Senior Planner
Agenda Item Type: Action – Legislative
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Staff Report for the 2221 South 3rd Annexation & ZMA, Application 24714 Page 2 of 34
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 between the City and application regarding the
annexation or zoning.
Project Summary
The applicants and property owner, Museum of the Rockies, seek to annex a 1.048-acre
parcel into the City limits and establish initial zoning of PLI, Public Lands and Institutions.
The property is currently zoned Public Lands and Institutions within the county and hosts
a single-household structure with associated out buildings. Immediate vicinity
municipal zoning includes R-1, Residential Single-Household Low Density, a recently
annexed property directly to the south zoned R-3, Residential Medium-Density, and
more diverse zoning designations within one third of a mile that includes R-2, B-P, B-1,
R-3, and R-O. Even a small parcel of Agricultural Suburban unannexed property kitty
corner across South 3rd to the east.
The Bozeman Community Plan 2020 (BCP2020) designates this and the surrounding
property as Public Institutions on the Future Land Use Map. Schools are a dominant use
including Montana State University. Other typical uses are libraries, fire stations, and
publicly operated utilities.
Pursuant to section 38.300.130, BMC, the intent of the PLI public lands and institutions
district is to provide for major public and quasi-public uses outside of other districts. Not
all public and quasi-public uses need to be classified PLI. Some may fit within another
district; however, larger areas will be designated PLI.
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.
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Staff Report for the 2221 South 3rd Annexation & ZMA, Application 24714 Page 3 of 34
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 July 7, 2025, and will forward a recommendation on the
application to the City Commission.
No public comment has been received 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.
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Staff Report for the 2221 South 3rd Annexation & ZMA, Application 24714 Page 4 of 34
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 .................................................... 9
SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT ............ 10
SECTION 4 – ADVISORY COMMENTS .................................................................................. 11
SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS............................................... 12
Annexation ....................................................................................................................... 12
Zone Map Amendment ................................................................................................... 12
SECTION 6 - ANNEXATION STAFF ANALYSIS AND FINDINGS .......................................... 13
SECTION 7 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ....................... 20
PROTEST NOTICE FOR ZONING AMENDMENTS ................................................................ 32
APPENDIX A - NOTICING AND PUBLIC COMMENT ............................................................ 33
APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING ............................ 33
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF ...................................... 34
FISCAL EFFECTS .................................................................................................................... 34
ATTACHMENTS ...................................................................................................................... 34
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SECTION 1 - MAP SERIES
Project Vicinity Map
48
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Project Vicinity Map – Larger Area
Subject Property
49
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Zoning Map
50
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Future Land Use Map
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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 “2221 South 3rd Annexation”.
2. An Annexation Map, titled “2221 South 3rd 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 Engineer’s
Office. This map must be acceptable to the Director of Transportation and
Engineering 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 land owners and their successors must pay all fire, street, water and sewer
impact fees at the time of connection; and for future development, as required by
Chapter 2, Bozeman Municipal Code, or as amended at the time of application for
any permit listed therein.
5. If they do not already exist, the applicant must provide executed Waivers of Right to
Protest Creation of Special Improvement Districts (SID’s) for the following:
a) Street improvements to South 3rd Avenue between West Kagy Blvd and West Graf
Street, including lighting, signalization, paving, curb/gutter, sidewalk, and storm
drainage.
b) Intersection improvements at S 3rd Ave and West Kagy Blvd, including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
c) Intersection improvements at S 3rd Ave and West Graf Street, including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
The applicant may obtain a copy of the template SID waiver from the City
Engineering Department. The document filed must specify that in the event an
SID is not utilized for the completion of these improvements, the applicant agrees
to participate in an alternate financing method for the completion of said
improvements on a fair share, proportionate basis as determined by square
footage of property, taxable valuation of the property, traffic contribution from the
development, or a combination thereof. The SID waiver will be included with the
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Staff Report for the 2221 South 3rd Annexation & ZMA, Application 24714 Page 10 of 34
annexation agreement and filed with the County Clerk and Recorder at
annexation.
6. City of Bozeman Resolution 5076, Policy 1 – South 3rd Ave is classified as a Collector
in the Bozeman Transportation Master Plan (TMP), which has a minimum right-of-way
ROW width of (90) feet. The applicant must provide their respective South 3rd Ave
ROW (45) feet from the centerline of the existing ROW as a public street and utility
easement where South 3rd Ave is adjacent to the property prior to the adoption of
Resolution of Annexation.
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 properly abandon the existing on-site septic tank and leach field
prior to connection to the City sanitary sewer system. The applicant must report the
abandonment to the City Water and Sewer Superintendent for inspection, and the
applicant must report the abandonment to the Gallatin City County Health
Department. In addition to abandonment of the septic tank and leach field, the
applicant must demonstrate that the sanitary sewer service to the septic tank has
been completely disconnected from the old septic system prior to connection to the
City sanitary sewer system.
9. The applicant must completely disconnect the on-site well from the house prior to
connection to the City water system to protect the City’s system from cross
contamination. The applicant must contact the City Water and Sewer
Superintendent to inspect the disconnect prior to connection of water service from
the house to the City water system.
10. The applicant must contact the City Engineering Department to obtain an analysis of
cash-in-lieu of water rights for the proposed annexation. The determined amount
must be paid prior to annexation.
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. The Ordinance for the Zone Map Amendment must not be approved until the
Annexation Agreement is signed by the applicant and formally approved by the City
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Commission. If the Annexation Agreement is not approved, the Zone Map
Amendment application is null and void.
2. All documents and exhibits necessary to establish an initial municipal zoning
designation must be identified as the “2221 South 3rd Avenue Zone Map
Amendment”.
3. The applicant must submit a zone amendment map, titled “2221 South 3rd Avenue
Zone Map Amendment”, as PDF and a digital copy of the area to be zoned,
acceptable to the Director of Public Utilities, which will be utilized in the preparation
of the Ordinance to officially amend the City of Bozeman Zoning Map. The map must
contain a metes and bounds legal description of the perimeter of the subject
properties, zoning district, and total acreage of the property.
4. 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 4 – ADVISORY COMMENTS
1. Future Impact Fees - Please note that future building permit applications will require
payment of the required transportation, water, sewer and fire impact fees according
to the City of Bozeman adopted impact fee schedule in place at the time of building
permit issuance. If you desire an estimate of the required impact fees according to
current rates please contact the Department of Community Development and/or
visit www.bozeman.net.
2. BMC 38.410.130. Water Adequacy—The development will need to satisfy the water
adequacy code requirement prior to a future site plan approval. If sufficient water
rights can’t be provided to offsets the development's annual demand then a cash-in-
lieu of water rights (CILWR) payment will be required. The City assesses the CILWR
fee at a rate of $6,000 per acre-foot. The fee determination will take place during the
site plan review, however if there are any questions or if a preliminary review is
desired, please contact Griffin Nielsen with the Engineering/Utilities Department
directly at gnielsen@bozeman.net or (406) 582-2279. The City encourages the use of
groundwater wells to supply irrigation demands, which in turn will reduce the CILWR
fee. Applicant must obtain a pre-determination from the DNRC demonstrating that a
well groundwater well may be permitted under Montana’s exempt appropriation or
that provide the water right documentation if existing prior to finalization of the
CILWR fee determination. Finally, the City would like to make the owner aware of an
available CILWR rebate of approximately 20% for residential units if high-efficiency
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Staff Report for the 2221 South 3rd Annexation & ZMA, Application 24714 Page 12 of 34
fixtures (toilets, washers, and shower heads) meeting the City Water Conservation
Division standards are installed. The rebate would be released at occupancy and
requires an agreement defining the terms and amount rebate be finalized and
executed prior to final plan approval. If the owner is interested or has any questions,
please reach out to Griffin Nielsen.
3. Montana Post-Construction Storm Water BMP Design Guidance Manual
Seasonal High Groundwater - The subject project is located in an area known to
have seasonally high groundwater. The applicant must confirm seasonal high
groundwater elevations and seasonal high groundwater data must be measured and
submitted with any future development application on the parcel. Due to the
seasonal nature of SHGWL measurements, the applicant is advised to begin
groundwater measurements in the winter and continue measuring through July.
Measurements must be at sufficient intervals to define the SHGWL across the site.
Industry guidance recommends a three-foot minimum separation from the bottom
of a stormwater facility to the underlying groundwater table. The applicant is advised
that future development may be subject to limitations or restrictions based on
seasonal high groundwater elevations.
SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS
Annexation
Having considered the criteria established for an annexation, the Development Review
Committee (DRC) did not find any deficiencies that prohibit annexation at this time that
could not be addressed through future development review processes and adopted City
Codes.
The City Commission will hold a public meeting on the annexation on July 22, 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 24714.
The Development Review Committee (DRC) considered the amendment. The DRC did
not identify any infrastructure or regulatory constraints that would impede the approval
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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 July 7, 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 22,
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
In evaluating compliance with the following Goals and Policies, Staff considers the
application materials, Terms of Annexation, and adopted standards of the City to
determine whether the Goal or Policy can be met.
Commission Resolution No. 5076 Goals
Goal 1: The City of Bozeman encourages annexations of land contiguous to the
City.
This criterion is met. The property in question is contiguous to the City limits. The
property is bounded on the south and east sides by City limits.
Goal 2: The City encourages all areas that are totally surrounded by the City to
annex.
The subject property is wholly surrounded although is considered an inholding within
city limits.
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.
Not applicable. The subject property is not currently contracting for services.
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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.
This criterion is met. The subject property lies within the planned service area of the
municipal water and sewer services. Existing sewer and systems are installed in the
adjacent street right-of-way. As noted above, the area in question is an inholding with
nearby properties currently being served by full City services included emergency
services, and streets.
Goal 5: The City encourages annexations within the urban area identified on
the future land use map in the current Bozeman Growth Policy.
This criterion is 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 7 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.
This criterion is met. The subject property is one of several inholdings wholly surrounded
by City Limits. This annexation would secure another section of South 3rd Avenue rights-
of-way to meet requirements of the City’s Transportation Plan and will make the City’s
boundaries more regular and improve efficient delivery of services.
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.
This criterion is met. The subject property will provide additional right of way for South 3rd
Avenue and, if or when developed, will improve the streetscape adjacent to the property
and upgrade to current street standards. No addition internal street network is required
to serve the property.
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
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limitations, sanitary disposal needs, fire access, maintenance of public facilities,
etc., justify a smaller annexation.
The subject property is 1.048 acres plus the adjacent right-of-way.
Goal 9: The City seeks to obtain water rights adequate for future development
of the property with annexation.
This criterion is met. After annexation, the subject property will be bound to the
provisions of 38.410.130 which require evaluation of water adequacy and provision of
water if needed at time of development. The municipal code section requires water
rights or an equivalent to be provided. Exact timing and amounts will be evaluated during
development review. There are several methods to address the requirements of
38.410.130. The annexation agreement will provide notice of this requirement, see Term
of Annexation 10. 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.
This criterion is met. The subject property is located within the City’s planned water and
sewer service area. See Goal 4 above. The applicant proposes zoning for future
development of homes. There is an existing home on the property which uses an onsite
well and septic system. The annexation terms include requirements for future
abandonment of the septic system and connection to the municipal sewer system. Any
new construction must connect with initial construction to the municipal system.
Terms of Annexation 8 - 9 address the termination of the existing on-site septic system.
Exact timing will depend on the sequencing of future development. The City’s water and
sewer systems are adjacent to the property. See the maps below. Per Term of Annexation
7, the Annexation Agreement required to finalize the requested annexation will require
the applicant to design extensions of services to meet the City’s adopted infrastructure
standards. These include provisions for minimum water pressure and volumes,
adequate sewer flows by volume, gravity flow of sewers, and other standards necessary
to protect public health and safety and ensure functional utilities.
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
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protest the creation of special or improvement districts necessary to provide the
essential services for future development of the City.
This policy is met. The recommended Terms of Annexation include requirements for
provision of right of way for South 3rd Avenue, a Collector and Urban Route according to
the Bozeman Transportation Plan, 2017 Update. See Terms of Annexation 6. Dedicated
Streets or public street and utility easements provide locations for municipal water and
sewer mains. Waivers of right to protest special improvement districts are included in
Term of Annexation 5 for streets affected by the future development of the property.
Any additional easements and rights of way will be provided within the property with
future development of the property as required by municipal standards. Exact locations
will be determined by further technical analysis and site design.
Policy 2: Issues pertaining to master planning and zoning must be addressed
prior to or in conjunction with the application for annexation.
This policy is met. The subject property is planned for Public Lands. No change to the
growth policy is required. The application includes a request for initial zoning of PLI. 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.
This policy is met. The property is designated “Public Lands” 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.
This policy is met. The property proposed for annexation requests a zoning designation
of PLI. See the zone map amendment section of this report for review of the zoning
criteria. The Zoning Commission will hold a public hearing on July 7, 2025. A
recommendation will be forwarded to the City Commission once the hearing is
complete.
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Note: The annexation and the placement of a zoning district designation on the property
by the City does not guarantee available services or approval of a specific development.
Section 38.300.020.C of the Unified Development Code states: “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 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.”
Policy 5: The applicant must indicate their preferred zoning classification as part
of the annexation petition.
This policy is met. The applicant has requested PLI, Public Lands and Institutions
District. See Section 7 of this report for analysis of the requested zoning.
Policy 6: Fees for annexation processing will be established by the City
Commission.
This policy is met. Applicant has paid required application fees.
Policy 7: It is the policy of the City that annexations will not be approved where
unpaved county roads will be the most commonly used route to gain access to the
property unless the landowner proposes a method to provide for construction of
the road to the City’s street standards.
This policy is met. The property proposed for annexation is accessed from South 3rd
Avenue, a Collector, which is paved to the edge of the subject property.
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.
This policy is met. The property owner shall provide usable water rights, or cash in-lieu
of water rights thereof, in an amount to be determined by the Director of Public Utilities,
as outlined by Section 38.410.130 of the municipal code. The calculated amount will be
determined by the Director of Public Utilities and based on the zoning designation
approved by the City Commission. This will be addressed with the annexation
agreement.
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
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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.
This policy is met. City infrastructure and emergency services are available to the subject
property. A water main and a sewer main are located in South 3rd Street on the east side
of the property. The property is located adjacent to residential development that is
currently served by Bozeman Fire Department.
Recommended Term of Annexation 7 includes the provision that the applicant will be
responsible for installing facilities required to provide full municipal services to the
property in accordance with city policy at the time of connection.
Policy 10: The City may require annexation of any contiguous property for which
city services are requested or for which city services are currently being provided.
In addition, any person, firm, or corporation receiving water or sewer service
outside of the City limits is required as a condition of initiating or continuing such
service, to consent to annexation of the property serviced by the City. The City
Manager may enter into an agreement with a property owner for connection to the
City’s sanitary sewer or water system in an emergency conditioned upon the
submittal by the property owner of a petition for annexation and filing of a notice of
consent to annexation with the Gallatin County Clerk and Recorder’s Office. The
contract for connection to city sewer and/or water must require the property
owner to annex or consent to disconnection of the services. Connection for
purposes of obtaining City sewer services in an emergency requires, when feasible
as determined by the City, the connection to City water services.
The property is not currently provided City services. No emergency connection is
requested. City services will be required to be provided concurrent with future
development. Terms of Annexation 7 - 9 address connection to services.
Policy 11: The annexation application shall be accompanied by mapping to meet
the requirements of the Director of Public Works. Where an area to be annexed
can be entirely described by reference to a certificate of survey or subdivision plat
on file with the Gallatin County Clerk and Recorder the mapping may be waived by
the Director of Public Works.
Mapping to meet the requirements of the Director of Director of Transportation and
Engineering must be provided with the Annexation Agreement. Typically, this includes a
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Portable Document File (PDF) for filing with the Annexation Agreement at the County
Clerk & Recorder, an electronic map with a metes and bounds description for the
property to be annexed for the City Engineer’s Office, and must be submitted with the
signed Annexation Agreement. Mapping requirements are addressed in Recommended
Term of Annexation 2.
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.
This annexation does not require immediate payment of fees. The annexation agreement
will provide notice of obligations to pay impact fees at times as required in ordinance.
See Term of Annexation 4.
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, and posted on the site as set forth under this policy. See Appendix A for more
details.
Policy 14: Annexation agreements must be executed and returned to the City
within 60 days of distribution of the annexation agreement by the City, unless
another time is specifically identified by the City Commission.
This policy will be implemented only if the Commission acts to grant preliminary
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.
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.
No road improvement district is associated with this application.
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Policy 17: The City will notify the Gallatin County Planning Department and Fire
District providing service to the area of applications for annexation.
The necessary agencies were notified and provided copies of the annexation on June
25, 2025.
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.
An existing residential structure and associated out buildings are on the subject property
which has on-site well and septic system and will be required to sever the use of the on-
site systems and connect to City water and sewer service. A term of annexation requires
connection to municipal water and sewer implements this policy. In conjunction with
future connection the septic system must be properly abandoned and the well
disconnected from the domestic supply. Terms of Annexation 7 – 9 address these issues.
SECTION 7 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS
In considering applications for 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 discretion to determine a policy direction. The
burden of proof that the application should be approved lies with the Applicant. See the
application materials for the Applicant’s response to the criteria
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.
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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
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 has been within in 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 Public Institutions. The Ur Public Institutions designation
description reads:
“The land in this classification is owned by a public entity. A variety of activities
are undertaken in this land use classification. Schools are a dominant use
including Montana State University. Other typical uses are libraries, fire stations,
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and publicly operated utilities. A significant portion of Bozeman’s employment
occurs within this category.”
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 PLI district is the only implementing district
of the Public Institutions category.
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 the applicant and staff. Conflict with the text of the
growth policy has not been identified.
The Applicant provided an argument that, “The Future Land Use Map in the Bozeman
Community Plan 2020 designates the property as Public Institutions. The Bozeman
Community Plan’s Public Institutions designation is intended for land that is owned by a
public entity. The Community Plan describes the typical uses that occur within this
designation as libraries, fire stations, and publicly operated utilities. When analyzing
these guiding principles, the goals of the project, and the surrounding context of the site,
the PLI zoning designation presents itself as the most appropriate zoning designation for
this property. The applicant is a public institution and plans to continue to use this land
for the purpose of benefiting the public through education and beautification.”
The applicant continues with supporting goals and policies the requested PLI zoning
aligns with and furthers. After consideration of presented materials, Staff generally
concurs with the analysis presented in the application.
RC-3.3 Prioritize annexations that enable the incremental expansion of the City and its
utilities.
Comment: The annexation request incrementally expands the city boundary and allows
current and future development to utilize city utilities. Further, inholdings use city streets
without financially supporting their use.
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RC-3.4 Encourage annexation of land adjacent to the City prior to development and
encourage annexation of wholly Wastewater Collection Facilities surrounded areas.
Comment: The subject property is adjacent to the city and wholly within the city’s service
area for wastewater collection and water distribution. Annexation allows the property
access to city services including wastewater collection. As noted in the terms of
annexation, when the property connects to city services the existing septic system will
be required to be disconnected and abandoned.
Theme 5 | Influenced by regional cooperation and defined edges - Explore the annexation
of inholdings to promote efficiency of services The Zone Map Amendment is proposed in
association with an Annexation. The subject property is located directly adjacent to land
already in the City of Bozeman. This application would reduce the size of the island of
unannexed parcels that are surrounded by Annexed land and will result in a regular-
shaped City boundary. Furthermore, the property is located within the urban services
boundary and can be serviced with utilities.
Goal N-4: Continue to encourage Bozeman’s sense of place.
N-4.1 Continue to recognize and honor the unique history, neighborhoods,
neighborhood character, and buildings that contribute to Bozeman’s sense of place
through programs and policy led by both City and community efforts.
Comment: The MOR property is an identifiable component of Bozeman, physically,
culturally, and intellectually as well as a destination for visitors. Continuing that legacy
will support this by ensuring the property falls within the PLI zone and is available for
meeting the needs of the facility.
N-4.2 Incorporate features, in both public and private projects, to provide organization,
structure, and landmarks as Bozeman grows. The Museum of the Rockies is a staple in
the Bozeman Community. The Museum is a significant contributor to the sense of place
and landmarks of Bozeman. Allowing this property into the city will allow the Museum to
grow over time and allow them to continue to foster this sense of place.
Goal DCD-1: Support urban development within the City.
DCD-1.10 Support University efforts to attract development near campus. Allowing this
property into the city will allow for future development to happen overtime. This
positive benefit to our community will hopefully help attract more development near the
campus and within the city.
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The property is wholly surrounded by the City. The property is seeking annexation and
municipal zoning for the purpose of maintaining the use and intensity of the site. The
application is in accordance with the growth policy.
B. Secure safety from fire and other dangers.
Criterion Met. The existing building is of unknown quality, fire, and safety measures. Any
renovations, expansions, or removal and replacement must meet the development
standards of the City and, in some cases, might require retrofitting to ensure the building
is safe for occupants and neighboring properties.
The 2017 Fire and EMS Master Plan shows this property within the acceptable response
reach of the Fire Department, even before the construction of Fire Station No. 2. Fire
protection water supply will be provided by the City of Bozeman water system. The
property is not within any delineated floodplain. Upon annexation the subject property
will be provided with City emergency services including police, fire and ambulance. The
initial zoning of PLI is not likely to adversely impact safety from fire and other dangers.
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 there will be no difficulty extending service to this parcel.
C. Promote public health, public safety, and general welfare.
Criterion Met. The proposed zoning designation will promote general welfare by
implementing the future land use map in the Bozeman Community Plan. Public health
and safety will be positively affected as the proposed annexation will allow the existing
structure to connect to the City sewer system, thereby removing a septic system and
lessening resulting groundwater discharge.
As noted in criterion B, further development and redevelopment must be in accordance
with modern building, access, stormwater, pedestrian circulation, ingress and egress to
the site, and full connection to the greater transportation network for users ensuring the
promotion of public health, safety and general welfare.
Public health and safety will be positively affected by requiring new and redevelopment
to connect to municipal sanitary sewer and water systems, which will prevent
groundwater pollution and depletion by wells and septic systems.
D. Facilitate the provision of transportation, water, sewerage, schools,
parks and other public requirements.
Criterion Met. The BCP 2020, page 74, says regarding evaluation of Criteria B – D for
zoning amendments:
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“For a map amendment, all three of the above elements are addressed primarily
by the City’s long range facility Plans, the City’s capital improvements program,
and development standards adopted by the City. The standards set minimum
sizing and flow requirements, require dedication of parks, provision of right of way
for people and vehicles, keep development out of floodplains, and other items to
address public safety, etc. It is often difficult to assess these issues in detail on a
specific site.
For example, at the time of annexation, the final intensity of development is
unknown, and it may be many years before development occurs and the impacts
are experienced. The availability of other planning and development review tools
must be considered when deciding the degree of assurance needed to apply an
initial zoning at annexation.”
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. Private development must demonstrate
compliance with standards.
The application site is located within the City’s land use, transportation, parks, and utility
planning areas and those plans show this property as developing within the City when
development is proposed. Adequacy of all these public requirements is evaluated during
the subdivision and site development process. 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.”
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The development of public infrastructure improvements to serve the property will be
required to conform to the City of Bozeman’s adopted standards, which require
properties to construct public infrastructure and/or pay impact fees, assessments, and
taxes to support transportation, water, sewer, school, parks, and other public
requirements. City water and sewer lines are located adjacent to the property in the
South 3rd Avenue right-of-way and the terms of annexation require the applicant to
connect to municipal services and install any facilities required to provide full municipal
services to the property. The property is accessed from South 3rd Avenue (collector).
Park dedication is not required at this time. However, if additional residential units are
constructed on the site, then parkland dedication, improvements or cash-in-lieu, or a
combination thereof may be required. Any future development of the property will be
evaluated for additional required improvements during the plan review process.
South 3rd Avenue is listed in the Major Street Network (MSN) improvement list, the
improvement is not on the current Capital Improvement Plan (CIP). See MSN-21 in the
Bozeman Transportation Master Plan, 2017 Edition.
Additionally, the street grid in the area continues to become more robust. Graf Street
connecting South 3rd and South 19th is complete. In addition, Arnold Street connecting
South 3rd and 11th was recently completed providing an additional transportation route.
E. Reasonable provision of adequate light and air.
Criterion Met. The PLI zoning designation has development requirements which provide
for the reasonable provision of adequate light and air for the intent and purpose of the
PLI zone. Any future development of the property will be required to conform to City
standards for setbacks, height, lot coverage, and buffering.
In addition to the zoning standards, adopted building codes contain more detailed
requirements for air circulation, window placement, and building separation that further
ensure the intent of this criterion is satisfied.
F. The effect on motorized and non-motorized transportation systems.
Criterion met. The existing zoning is PLI under Gallatin County and the proposed zoning
designation is PLI. The difference being who administers the regulations associated with
the district. The City has adopted significantly more robust standards to ensure impacts
are mitigated and plans for future growth to ensure all systems and facilities are capable
of handling development.
South 3rd is a designated Collector according to the Bozeman Transportation Plan.
Required ROW needs is a part of the terms of annexation and future development will be
required to construct uninstalled facilities adjacent and, depending on the proposal, off-
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site. The existing site was not required to update the adjacent roadway to a complete
street city standard that includes pedestrian, bicycle, stormwater, and other
transportation and safety measures. Annexation and future development will require
these minimum standards to be constructed improving the transportation system and
safety for all users. Also, South 3rd can accommodate additional traffic based on current
traffic loads.
The intersection at Kagy Boulevard and Wilson is fully built out although the road surface
needs attention. Kagy Boulevard is a Montanan Department of Transportation roadway.
Terms of annexation require dedication of right-of-way along South 3rd Avenue necessary
for completion of a Collector cross section roadway. Collector streets require 90 feet of
right-of-way.
The recommended terms of annexation and City’s development approval processes, for
example requirements for easements, the waiver of the right to protect special
improvement districts related to transportation, and construction of future roads are
expected to sufficiently address impacted transportation systems as a result of the map
amendment.
On page 74-75 of the BCP 2020 in the discussion of application of the zoning criteria it
says:
“Development creates or funds many of the City’s local streets, intersection
upgrades, and trails. Therefore, although a text or map amendment may allow
more intense development than before, compliance with the adopted Plans and
standards will provide adequate capacity to offset that increase.”
As the zoning designation itself does not change traffic flow or transportation demand,
and the compliance of future development with adopted standards will offset impacts
from development.
G. Promotion of compatible urban growth.
Criterion Met. Individuals may have widely varying opinions about what constitutes
compatibility. Compatible development and Compatible land use are defined in Article
38.7 BMC to establish a common reference for consideration of this criterion and
application of development standards. They are defined as:
“Compatible development. The use of land and the construction and use of
structures which is in harmony with adjoining development, existing
neighborhoods, and the goals and objectives of the city's adopted growth policy.
Elements of compatible development include, but are not limited to, variety of
architectural design; rhythm of architectural elements; scale; intensity;
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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 PLI district is a mixed-use institutional district. Permitted uses are eclectic
and would likely be different that the historic use of a single-family residence associated
with agricultural production and associated agriculture buildings. The property is zoned
PLI in the Gallatin County Bozeman Area Zoning District and the proposed zoning is the
same. Permitted uses are substantially the same between the two jurisdictions.
Therefore, the expectation of use is not being changed and therefore is compatible even
though a future development may be different that the historical use. The allowed uses
for the PLI district are set in section 38.310.040. Staff concludes PLI zone is compatible
and is urban growth as called for in the growth policy. See also discussion for 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 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
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in perpetuity. Rather, it provides a structured method to consider changes to the
character.
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.
As with every application, staff considers the unique characteristics of each area, and
the area considered may change depending on the scale of the area or the possible
intensity of development allowed by the zoning district. Surrounding properties include
a large swath low-density single-household residential to the south, nearby commercial
node at the intersection of Kagy and South 3rd, a church property directly across the
street, a substantial institutional area hosting the Museum of the Rockies and the Tinsley
House, and a small un-annexed commercial property adjacent to the subject property in
a A-S district. A-S zoning prohibits commercial uses.
The Museum of the Rockies was founded in 1957 consisting of a 37.5-acre site and hosts
the Tinsley House and pasture. The Tinsley House is preserved by the Museum of the
Rockies as a living history museum. The 100 plus year-old house was originally located
in Willow Creek, and it was moved to its present site in front of the museum in 1989. In
addition to the developed area there is an associated open area used as a working
exhibition to the Tinsley House. The property is an important component of the city and
is memorialized as such by the underlying future land use designation and zoning
classification. The annexation and municipal zoning requested maintains this continuity
and enshrines the cultural foundation of the city.
The area to the south is an established low density residential area known as the
Westridge and Figgins subdivisions originally platted in 1960 and 1972 with construction
of houses following the platting process. The Museum of the Rockies property was
established prior the development of these residential areas. These two uses have
evolved together.
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The proposed PLI district is a mixed-use institutional district. Permitted uses are eclectic
and would likely be different that the historic use of a single-family residence associated
with agricultural production and associated agriculture buildings. The property is zoned
PLI in the Gallatin County Bozeman Area Zoning District and the proposed zoning is the
same. Permitted sues are substantially the same between the two jurisdictions.
Therefore, the expectation of use is not being changed and therefore is compatible even
though a future development may be different that the historical use. The allowed uses
for the PLI district are set in section 38.310.040. Staff concludes PLI zone is compatible
and is urban growth as called for in the growth policy. See also discussion for Criteria A
& H.
Therefore, staff concludes the change form Gallatin County / Bozeman Area PLI zoning
to the City of Bozeman PLI is compatible.
I. Peculiar suitability for particular uses.
Criterion Met. Page 14 of the Applicant Narrative states the property is adjacent
to a cluster of several PLI-zoned lots, making the subject property suitable for the zone.
They continue by stating the property is a part of a larger area of PLI which includes the
MOR campus and Montana State University. These institutions comprise what is
currently the largest continuous PLI zoning district in Bozeman.
Zoning the subject property would help strengthen the institutional core by ensuring the
preservation of these institutional assets. Section 38.310.040, Authorized Uses in PLI,
BMC, lists permitted uses in the PLI zone. Permitted uses are substantially similar to the
existing PLI zoning founds in the Gallatin County Bozeman Area Zoning District. One
primary difference is the city allows daycare by right and the County requires Conditional
Use Permit prior to commencing operation.
Pursuant to Section 14 of the Gallatin County / Bozeman Area Zoning District, permitted
uses in the PLI are as follows:
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The allowed uses for Bozeman’s PLI district are set in section 38.310.040.
The property is zoned PLI today and requesting PLI within the Bozeman zoning code.
Therefore, for all intents and purpose, there is no change in use stability. The R-1 zoned
neighborhoods to the south have evolved in conjunction with the institutional area.
Although MOR has not developed this site or adjacent sites, that may occur in the future
although no plans have been submitted to the City.
Staff concludes PLI zone is suitable urban growth as called for in the growth policy. See
also discussion for Criteria A & H.
J. Conserving the value of buildings.
Neutral. The existing single-household residential structure with a variety of other
outbuildings associated with the original homestead remains. The fact the MOR now
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owns the property directly to the south of the subject property creates a buffer to the
other residential structures in the vicinity.
Any future development on the property will be subject to standards in the PLI zoning
district which will ensure the conservation of adjacent building values including but not
limited to standards set forth in the Unified Development Code for fire safety, setbacks,
buffers and building heights, which will help alleviate any potential negative impacts to
the values of adjacent buildings as a result of future development on the subject
property. Therefore, this criterion is met.
K. Encourage the most appropriate use of land throughout the
jurisdictional area.
Criterion Met. As discussed in Criteria A above, this property has been planned for
residential uses. The proposed PLI zoning designation will encourage the most
appropriate use of land as the property is surrounded by lower density residential
development, which is consistent with the intent of the BCP2020 goals and objectives.
Furthermore, the proposed PLI zoning designation is consistent with the Bozeman
Community Plan’s future land use map designation of “Public Institutions.”
PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS
OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT AREA OR THOSE
LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE, THE
AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-
THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION.
The City will accept written protests from property owners against the proposal
described in this report until the close of the public hearing before the City
Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the
owner(s) of real property within the area affected by the proposal or by owner(s) of
real property that lie within 150 feet of an area affected by the proposal. The protest
must be in writing and must be signed by all owners of the real property. In addition,
a sufficient protest must: (i) contain a description of the action protested sufficient
to identify the action against which the protest is lodged; and (ii) contain a statement
of the protestor's qualifications (including listing all owners of the property and the
physical address), to protest the action against which the protest is lodged, including
ownership of property affected by the action. Signers are encouraged to print their
names after their signatures. A person may in writing withdraw a previously filed
protest at any time prior to final action by the City Commission. Protests must be
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delivered to the Bozeman City Clerk, 121 North Rouse Avenue, PO Box 1230,
Bozeman, MT 59771-1230.
APPENDIX A - NOTICING AND PUBLIC COMMENT
Notice was published in the Bozeman Daily Chronicle on June 21 and 28, 2025. The site
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 or will be provided at
least 15 and not more than 45 days prior to any public hearing.
No public comment has been received.
APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING
Adopted Growth Policy Designation:
The property is designated as “Public Institutions” in the Bozeman Community Plan
2020.
1. Public Institutions.
The land in this classification is owned by a public entity. A variety of activities are
undertaken in this land use classification. Schools are a dominant use including
Montana State University. Other typical uses are libraries, fire stations, and publicly
operated utilities. A significant portion of Bozeman’s employment occurs within this
category.
Proposed Zoning Designation and Land Uses:
The applicant has requested zoning of PLI, “Public Lands and Institutions” in association
with the annexation of the property. According to Sec. 38.300.130 of the Unified
Development Code, “The intent of the PLI public lands and institutions district is to
provide for major public and quasi-public uses outside of other districts. Not all public
and quasi-public uses need to be classified PLI. Some may fit within another district;
however, larger areas will be designated PLI.”
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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 PLI correlates with the Growth Policy’s future
land use designation of “Public Lands”.
Authorized uses in Commercial, mixed-use, and Industrial districts are detailed in
section 38.310.040.
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF
Owner: Museum of the Rockies, 600 West Kagy Blvd., Bozeman, MT 597
Applicant: Intrinsik Architecture, 106 E Babcock, Suite 1A, Bozeman, MT 59715
Representative: Intrinsik Architecture, 106 E Babcock, Suite 1A, Bozeman, MT 59715
Report By: Tom Rogers, Senior Planner, Community Development Department
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed
by this Annexation or Zone Map Amendment. Future development will incur costs and
generate review according to standard City practices.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Application materials:
https://weblink.bozeman.net/WebLink/Browse.aspx?id=296278&dbid=0&repo=BOZEMAN&cr=1
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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 Regarding
Zoning Districts and Uses Within Zoning Districts
MEETING DATE:July 7, 2025
AGENDA ITEM TYPE:Community Development - Legislative
RECOMMENDATION:Discuss and determine whether to make a recommendation to the City
Commission regarding identified questions
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. Uses within districts 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
made recommendations on this topic to the City Commission.
The Board will discuss three additional topics related to zoning districts and
uses within zoning districts. See the attached staff memo for background
information on the zoning map overall and specific issues and questions for
discussion.
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:
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CDB July 7 2025 Zoning Districts and Uses.pdf
Commercial Zoned Buffers (11x17).pdf
UDC ZMA Request Public Comment summary 7-2-2025.pdf
Report compiled on: July 2, 2025
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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 – Zoning Districts and Uses Within Districts
Meeting Date: July 7, 2025
Memo Organization:
General Background
Zoning Map History
Existing and Proposed Districts
Actions for Board Recommendation
Midblock Boundaries
Uses Within Districts
General Background
Balancing the desire of incremental development and redevelopment with meeting the needs for housing for
existing and relocating individuals, providing for employment, and enabling services to meet needs, all while
considering how to keep Bozeman a desirable and livable community, carries significant challenges. The
Bozeman Community Plan 2020 (BCP2020) [External Link] includes seven themes which consider these
elements (listed below). We have long recognized that the Community Plan is inclusive of many goals, which
sometimes creates tension among the various goals and their outcomes. That’s why, when the City considers
zoning code amendments (such as this rewrite of the UDC), we evaluate whether on balance the amendments
are consistent with the growth policy.
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 addresses the fundamental tensions of growth. How do we maintain and respect existing
developed areas and the people who live here and accommodate those who wish to join the community or
whose needs have changed? 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
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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 UDC is a primary implementation tool of the Growth Policy or Community Plan. With each revision of the
growth policy, the city made edits to the code to realize the community’s desires and implement the aims of
the growth policy. The policy of prior City Commissions was to allow private landowners to initiate zone map
amendments following adoption of a new future land use map; and the City rarely initiated map amendments.
The recently passed Montana Land Use Planning Act (MLUPA) requires the City to take action to correct
mismatches between the future land use map and the zoning map.
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. 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 and use the tool that best fits the need. The draft code relies more on FBC than the existing code.
Both types rely on a zoning map to distinguish the locations of different zoning districts and correspondingly
what standards apply to a specific parcel.
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 interact. 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 the standards may it be approved (illustrated by
the orange shape). Each standard helps constrain the potential for excess in other standards.
Not all standards correspond to the zoning map. For example, the watercourse setback and wetland
protection standards are uniformly applicable throughout the city and do not change based on a zoning
district or zoning map.
To assist with clarity, the zoning map and regulations in effect today will be referred to as the “existing code”
and the future zoning map and regulations which are in development will be referred to as the “proposed
draft”.
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Zoning Map History
The City adopted zoning in 1935. The first zoning map for which the City still has a copy is from 1941. An archive
of zoning maps is available [external link] as PDFs. The zoning map has been amended hundreds of times over
the years since its adoption.
At the beginning of the UDC update, the City Commission held two work sessions to consider potential changes
to existing residential and non-residential zoning districts. A work session was held on Oct 18, 2022 [external
link] with discussion materials at [external PDF] to discuss residential zoning districts. An online public
presentation called a Code Connect presenting the outcome of the meeting was held on Oct 27, 2022. The slides
from the Code Connect are available on Engage Bozeman [external link] in the Presentation and Participation
materials section, and at this link [external PDF]. The Community Development Board also held a work session
on zoning districts on November 7, 2022 [external link].
A second work session was held on Feb 14, 2023 [external link] to discuss non-residential and mixed-use zoning
districts with discussion materials at [external PDF]. A Code Connect presenting the outcome of the meeting
was held on Mar 8, 2023. The slides from the Code Connect are available on Engage Bozeman [external link] in
the Presentation and Participation materials section, and at this link [external PDF].
Based on the direction given, staff created a draft zoning map. Generally, the proposed draft UDC renames
most residential zoning districts and consolidates and streamlines zoning districts to simplify the code.
Revisions to the map were also made in October 2024 based on Commission direction to no longer include R-3
areas within the new RA district. The Engage Bozeman map viewer [external link] shows both existing and
proposed zoning and has a slider bar that can be moved to show both maps for a given site. Proposed zoning
is on the left of the map and existing zoning is on the right.
Below are the names and labels for the different zoning districts in the existing code [external link] and the Oct
27, 2024 [external PDF] proposed draft (page 2-3). These districts are what are shown on the map. Move the
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vertical slider bar left and right to see the new and old districts and the +/- buttons to zoom in and out. The
double arrow button in the upper right corner of the map expands to fill the screen. The district legends are
below the map.
Existing and Proposed Zoning Districts
Current Code Proposed Draft
R-S Residential Suburban District R-A Residential Low
R-1 Residential Low Density District R-B Residential Low-Medium
R-2 Residential Moderate Density District R-C Residential Medium
R-3 Residential Medium Density District R-D Residential High
R-4 Residential High Density District R-MH Residential Manufactured Home
R-5 Residential Mixed-Use High Density
District
B-1 Neighborhood Mixed-Use
R-O Residential-Office District B-2 Community Business
RMH Residential Manufactured Home
Community District
B-2M Community Mixed-Use
B-1 Neighborhood Business District B-3 Downtown Mixed Use
B-2 Community Business District B-3C Downtown Mixed-Use Core
B-2M Community Business District - Mixed REMU Residential Emphasis Mixed Use
B-3 Downtown Business District NEHMU Northeast Historic Mixed-Use
UMU Urban Mixed-Use District B-P Business Park
M-1 Light Manufacturing District M-1 Light Manufacturing
M-2 Manufacturing and Industrial District M-2 Manufacturing and Industrial
B-P Business Park District PLI Public Lands and Institutions
PLI Public Lands and Institutions District NCOD Neighborhood Conservation
Overlay District
NEHMU Northeast Historic Mixed-Use District PDZ Planned Development Zone
NC Neighborhood Conservation Overlay
District
REMU Residential Emphasis Mixed-use
District
PDZ Planned Development Zone
Map Amendments Initial Direction:
• Revise zoning map in accordance with consolidated zoning districts. This created about 131 edits to the
zoning map initially, with additional edits due to the change in Oct 2024 to split RA into the RA/RB
zoning districts.
• Remove the UMU and RO districts from the code and replace on the map with districts compliant with
the future land use map and the local development context. This created 42 edits to the zoning map.
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• Correct inconsistencies between the future land use map and the zoning map. This created 14 edits to
the zoning map that were not addressed under another edit.
• Targeted changes from B2 to B2M. This created 8 edits to the zoning map.
• Create the B-3C district and reflect on the map. This was only one change to the map.
• Remove where practical mid-block zoning district boundaries, especially those between non-residential
and residential districts, so that district boundaries fall on streets or other physical separators.
Map Amendments Secondary:
• Staff changed the zoning for public parks and public schools not already shown as PLI to PLI at the
request of the agencies who oversee those facilities. This created 59 edits to the zoning map.
Staff limited revisions to the initial draft zoning map to those above to be consistent with Commission
direction. Staff can suggest additional revisions to the map, but Commission will make the final decision with
adoption of the final zoning map at the end of the UDC update project (following Community Development
Board recommendation as required by state law).
A revised zoning map will be created incorporating direction from the City Commission on July 14th. There are
small areas scattered across the zoning map that could be readily merged to adjacent zoning. Staff will not do
these further amendments without Commission direction.
The current map is a drawing that is superimposed over other information. The long-term intent with the
zoning map is to transition to a parcel-based map. This means that streets will no longer be shown as zoned
and will tidy up many small oddities in parcel boundaries. This evolution in the map will not occur until the
final map is settled. A parcel-based map will facilitate future editing and integration with municipal systems.
Actions for Board Recommendation
This section describes specific actions taken regarding the zoning map and identifies issues that need to be
resolved. The last section identifies specific questions staff requests the Board to consider. In the
Midblock Boundaries
The City has had a zoning map since at least 1941. The map has been edited many times and a cumulative
effect has been to create zoning boundaries that don’t always follow the preferred boundary locations as
outlined in 38.200.040 of the proposed draft (page 2-4). The updated zoning map has been edited to remove
many midblock boundaries. Although the City strives to place zoning boundaries at visible boundaries, like
streets, some midblock boundaries remain. However, not all midblock boundaries are problematic and
require correction. An example of the before and after is shown below on the Chief Joseph Middle School
area. The existing map (top image) has three different zoning districts that cover part of the school site. The
zoning was put in place before School District 7 purchased the property. The proposed zoning map (bottom
image) shows how the school property and the adjacent park across Ferguson Avenue have both been zoned
as PLI. This corrects most of the issue, except for in the SW corner of the site. As there is no street to be a
boundary, the district breaks on a property line instead.
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Existing zoning map – Chief Joseph Middle School
Draft zoning map – Chief Joseph Middle School
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Staff has reviewed the draft map and identified remaining midblock district boundaries between residential
and non-residential zoning districts; and not separated by an open space. These have been the areas drawing
the greatest public comment and concerns. Non-residential to mixed-use districts or residential to a different
residential are not called out on the map. The midblock boundaries are shown on the draft zoning map
[external PDF] linked with the packet and are outlined in red or yellow shapes (color adjusted for visibility as
needed). Staff has not called out midblock boundaries resulting from designation of a public park or public
facility as PLI. The map is a large file and will be best reviewed on a larger computer screen. Due to file size, it
may require several minutes to download.
There are public comments requesting map changes to address midblock district boundaries. Staff could
proceed further to remove additional midblock boundaries. For example, the change to designate parks as PLI
created a new small RC section near the intersection of Story Mill Road and E. Griffin Drive. This area could be
designated to be REMU as is the adjacent property to the north and west. See image below, brown is the color
for the RC district and purple is REMU.
In deciding to remove a midblock boundary there are three alternatives of approach. The online public survey
in April-May 2025, asked a question about this. Public responses were very close for the top two responses.
See below for question and responses.
Survey Q19 - Zoning district boundaries are normally set along streets, water ways, or other visible
separations. Over time some zoning boundaries have been placed along property lines in the middle of a
block. If the City moves boundaries so that they no longer divide a block, would you prefer a general
approach to:
Uses Within Districts
Commercial in RA, RB and RC existing, proposed, suggested. The City has allowed for a variety of home-
based businesses, including family and group daycare as required by the state, in residential zoning districts
Districts: Purple – REMU Brown – RC Orange – B2M Yellow – RA Green - PLI
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for many years. Special standards apply to them as set out in 38.360.150 [external link] of the existing code.
Some districts (R4, R5, RO) have allowed for more extensive commercial uses, such as professional offices and
restaurants, than fit in the limits of home-based business. The draft code, section 38.300.020 (page 3-4),
allows some of these uses in the RC and RD districts under the Personal & General Service and General Retail
categories and with some limitations. During Supplemental Public Engagement, comments were received that
some want a more expansive allowance of these uses into less intensively developed residential districts such
as RB. See below for questions and responses. Some comments provided in the individual free form comments
during the online survey this spring were in support of this expansion but expressed concerns about the scope
and nature of what might be allowed.
Division 38.320 (page 3-13) of the proposed draft sets standards for specific uses. This is the place where
customized standards for individual districts could be created; especially sections 080 and 090. There are
already some restrictions on maximum size of commercial spaces or buildings by zoning district such as 1,500
sq. ft in NEHMU and 2,500 sq. ft. in RD; as well as some location restrictions. Additional limitations, such a
prohibition on drive-through service could be added. For context of building size, the Chase Bank at the corner
of N 19th Ave and Tschache Lane is 9,300 sq. ft., the Eckroth Music building at the corner of Mendenhall and N
7th Ave is 3,450 sq. ft., and Rosa’s Pizza at Kagy and S. Willson Ave is 2,400 sq. ft.
Survey Q15 - The proposed UDC would allow some commercial uses in the R-D district (formerly R-5). Some
residents have expressed interest in allowing small, neighborhood-scale businesses - like a corner café,
corner store or daycare - in lower-density residential areas such as R-B and R-C. Would you like
neighborhood commercial to be an allowable use in R-B and R-C, similar to its allowance in R-D?
Q 16 - If you said yes to the previous question, what type of commercial development would you like to see
within a ¼ mile walk of your home? (select all that apply)
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A map showing the location of the existing B1, B2, B2M, and B3 zoning districts and distance buffers at 0.25,
0.5, and 1 mile from them is linked to the cover memo for this work session. These distance buffers relate to
walkability; in the Planning profession distances of a quarter mile or a half mile are typically used when
referencing a walkable distance. A similar map will be created following Commission direction on possible
district changes for the proposed districts zoning map.
Number of dwellings allowed in a single structure in some residential districts. Section 38.300.020,
Allowed Use Table, (page 3-4) in the proposed draft assigns uses to individual zoning districts. The number of
homes allowed in a single structure generated much public comment. State law changes in 2021 require that
all zoning districts that allow a single detached dwelling must also allow a two-dwelling structure (duplex). This
requirement is in place today. Staff is not aware of any application to create a duplex that would not have
been allowed prior to this change in law.
State law continues to rely on use definitions dependent on the number of homes in a single structure. The
Montana Land Use Planning Act requires that Bozeman adopt at least five alternatives (from a list of 14) to
encourage creation of additional housing. Several of these alternatives require residential districts to allow for
more than one home in a single building. Public comment has encouraged greater allowance for multiple
homes within an existing structure than might be allowed as new construction to encourage rehabilitation and
continuation of existing buildings. Public comment received later in the UDC update process has encouraged a
greater reliance on the form, e.g. height, width, volume, of a structure rather than the number of dwellings as
a decision point for what should be allowed where.
At the June 24th work session, the City Commission directed staff to investigate the idea of a graduated square
foot cap per structure tool which would constrain a maximum building size. That work is underway. Even with
such a tool, it is necessary to consider number of dwellings allowed per structure, per lot, or per acre by
district as both the existing and proposed code include such regulations. The number of dwellings allowed per
acre is commonly referred to as “density” and is a typical development standard used by municipalities around
the country.
As discussed at the June 24th work session with the Commission, the existing district language has limitations
on maximum building width and height that apply to all new construction. If the Commission wishes to allow a
greater range of homes per structure, they may also establish additional standards for specific circumstances.
Section 38.320.030 (page 3-13) of the proposed code identifies limitations on residential uses specific to
individual districts. This appears to be the location where any special provisions would best fit in the
document. For example, the Commission could allow an increase in one or two increments in number of
homes per structure as defined in the use table, 38.300.020 of the proposed code (page 3-4), otherwise
allowed in a district if the additional units were in an existing building and did not increase overall building size
by x%. Some increase in size should be allowed to address reconfiguration, different exiting needs, and
general rehabilitation of a structure. These revisions would likely only apply in the proposed RA and RB
districts as the allowed uses in RC and RD would likely include as a default any additional flexibility that may be
granted in RA and RB.
The Community Development Board discussed this issue at their May 19, 2025, meeting and passed the
following motion:
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Page 10 of 10
The Community Development Board recommends to the City Commission that it 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.
Some public comment has requested that the RB district be amended to allow up to 12 homes in a building
with a single staircase accessing the units. The current limit is eight dwellings in a single building. This would
be an adjustment to both number and configuration of maximum dwellings. These details could be established
in 38.320.030.A of the proposed draft (page 3-13).
Board Recommendation Requested
Midblock Boundaries:
A) Does the Board agree with the draft zoning map as presented or do they wish to recommend
adjustments to further address midblock boundaries?
B) Which of the three identified methods from the survey does the Board recommend to use to resolve
midblock boundaries?
Uses within Districts
A) Does the Board recommend expanding the scope of non-residential uses within the residential zoning
districts? If so, does the Board recommend special limitations on them?
B) Does the Board recommend revising the number of homes allowed as a maximum in a single building
and under what conditions in the RA and RB districts?
89
Maxar
¯Commercially Zoned
Areas and Buffers
Date Exported and End of Data Range: 7/1/2025 10:20
0 0.75 1.5 2.25 30.38
Miles
Growth Policy
Boundary
City Limits
Commercially Zoned
Areas
Buffer Distance
(mi.)
0.25
0.5
1
Application number: 23333
90
# DateNameLinkCurrent ZoneCity Proposed ZoneRequested ZoningParcel SizeConforms to FLUM108/24/23 C. Pitnerhttps://weblink.bozeman.net/WebLink/DocView.aspx?id=278590&dbid=0&repo=BOZEMANR‐2 & R‐4R‐A & R‐BR‐B 0.33 Yes208/25/23 R. Pertzborn309/17/23 R. Pertzbornhttps://weblink.bozeman.net/WebLink/DocView.aspx?id=280553&dbid=0&repo=BOZEMANR‐4R‐BR‐C 8.24 Yes409/14/23 T. Steinwayhttps://weblink.bozeman.net/WebLink/DocView.aspx?id=280270&dbid=0&repo=bozeman&cr=1NEHMU NEHMU B‐2M 1.43 Yes509/15/23 L. Von Seggernhttps://weblink.bozeman.net/WebLink/DocView.aspx?id=280570&dbid=0&repo=bozemanR‐3R‐AR‐B 9.70 Yes609/22/23 T. Steinwayhttps://weblink.bozeman.net/WebLink/DocView.aspx?id=280912&dbid=0&repo=BOZEMANR‐4R‐BR‐C 1.55 Yes709/22/23 T. Steinwayhttps://weblink.bozeman.net/WebLink/DocView.aspx?id=280911&dbid=0&repo=BOZEMANR‐3R‐AR‐C 2.00 Yes809/25/23 P. Langehttps://weblink.bozeman.net/WebLink/DocView.aspx?id=280931&dbid=0&repo=BOZEMANR‐1 & R‐2R‐AREMU 22.38 Yes909/25/23 P. Langehttps://weblink.bozeman.net/WebLink/DocView.aspx?id=280931&dbid=0&repo=BOZEMANR‐1 & R‐2R‐AB‐2M 17.49 No1002/18/25 R. Quinoneshttps://weblink.bozeman.net/WebLink/DocView.aspx?id=296563&dbid=0&repo=BOZEMANR‐O RMH & B‐2M R‐5 23.66 Yes/No1105/22/25 R. Pertzbornhttps://weblink.bozeman.net/WebLink/DocView.aspx?id=299714&dbid=0&repo=BOZEMANVarious4.53 Yes1204/21/25 B. Simkinshttps://weblink.bozeman.net/WebLink/DocView.aspx?M‐1M‐1B‐2M 7.80 Yes1304/09/25 B. MacFawnR‐4R‐CR‐A35.00 Yes1405/06/25 J. WebsterR‐4R‐CR‐A 17.50 YesProperty Address 601 S. 9thCity Shops area1109 & 1143 Thomas Drive803 N Wallace980 Story Mill RoadSW corner Bridger Canyon & Story Mill1216 W Babcock StreetSouth Range CrossingSouth Range Crossing2405 West CollegeVariousSimkins NE property VariousVariousid=298793&dbid=0&repo=BOZEMANhttps://weblink.bozeman.net/WebLink/DocView.aspx?id=298600&dbid=0&repo=BOZEMANhttps://weblink.bozeman.net/WebLink/DocView.aspx?id=299049&dbid=0&repo=BOZEMAN91
Memorandum
REPORT TO:Community Development Board
FROM:Chris Saunders, Community Development Manager
Erin George, Community Development Director
SUBJECT:Bozeman Community Plan Technical Compliance Update Engagement Plan
Review
MEETING DATE:July 7, 2025
AGENDA ITEM TYPE:Plan/Report/Study
RECOMMENDATION:I move to recommend the draft public engagement plan be approved by the
City Commission.
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 City of Bozeman is authorized to conduct land use planning within the
authority and parameters established by the state legislature. In 2023, the
Legislature adopted Title 76, Chapter 25, MCA, [external link] the Montana
Land Use Planning Act (MLUPA). This new act replaces all prior planning
enabling legislation for the City of Bozeman.
The City is required to update its land use plan and implementing regulations
to comply with the new law. The new law requires inclusion of a wide range
of data on many topics. Much of this information exists in already adopted
city plans, or from others such as School District 7 and the Montana State
Library. The new law explicitly authorizes reliance on these existing sources.
Preparation of a full update for a land use plan takes 2-3 years. The state has
established a deadline for the City to complete its initial compliance to
MLUPA by May 17, 2026. Due to the constrained time frame it is necessary
to undertake a limited technical compliance update to revise plan wording to
update statutory references and update information to include required new
data. The City Commission considered the restricted time element in their
consideration of the supplemental public engagement for the UDC update
last fall and concurred with this approach.
One required element of the new law is that the City Commission approve a
public engagement plan prior to beginning the process to update the plan.
The City Commission will consider, and may approve, a public engagement
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plan on July 15th for the update to the Bozeman Community Plan. This
presentation is to help familiarize the Community Development Board,
which has a direct responsibility in review of a land use plan, with the overall
update process and schedule and provide an opportunity for the Board to
offer a recommendation.
UNRESOLVED ISSUES:None identified.
ALTERNATIVES:As identified by the Community Development board.
FISCAL EFFECTS:Budget authority for the update has been set. This presentation does not
obligate any funds.
Attachments:
BCP_TCU_Community Engagement Plan Draft v2.pdf
76-25-106. Public participation, MCA.pdf
Report compiled on: July 2, 2025
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COMMUNITY ENGAGEMENT PLAN
Community Engagement is an inclusive and ongoing process that relies on the two-way exchange of
information, ideas, and expertise between the public and the City of Bozeman to solve problems and
make sustainable decisions.
Project Overview
Project Title: Bozeman Community Plan Technical Compliance Update - 2025
Project Leads: provide brief explanation of the responsibilities or task each lead will handle.
• Chris Saunders, project manager – Scheduling, document preparation, public presentations
• Tom Roger, project member – Research, document preparation, public presentations
• Erin George, Department director
C.E. Purpose/Background:
The City of Bozeman conducts land use planning and regulations as authorized by the State of Montana
in Title 76, MCA. The State of Montana has revised the requirements for local land use planning with the
adoption of the Montana Land Use Planning Act in Title 76, Chapter 25, MCA. A fixed deadline has been
given to complete the work of May 17, 2026. The project needs to be completed in time to also adopt
implementing regulations by the same deadline. Additional information is required to be included in the
land use plan and public engagement must be completed.
The public engagement process will:
• Enable the public to see how the state required materials are provided and access that
information;
• Offer comments on whether additional information should be included to address required
topics;
• Review the revised draft land use plan incorporating the newly revised statutory requirements;
and
• Offer input on when a more comprehensive review of the land use plan should be completed.
The required information is very broad in scope.
Many areas are already the subject of specifics plans, reports, or other resources of which the public
may not be aware.
Key Terms: identify and define jargon, acronyms, or other technical terms that need to be re-worded or
clarified in communication and engagement with the public.
• Enabling acts – the state laws that authorize the City to regulate development and use of land.
• Land Use Plan – the document required in Title 76, Chapter 25 MCA and containing all necessary
data directly or by reference to issue plans and supporting information.
• Future Land Use Map (FLUM) – A map showing at a low level of detail the existing and expected
future pattern of land uses (e.g. residential or commercial) for the defined planning area.
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• Planning Commission – the state required advisory body to review and recommend on the
adoption of the land use plan to the City Commission. The City of Bozeman Community
Development Board is the designated planning commission for Bozeman.
• Public comment – any opportunity in writing or orally to contribute to the decision-making
process.
• Public hearing – a formal agenda action meeting state law requirements for public participation
making prior to a final decision.
• Montana Land Use Planning Act (MLUPA) – Title 76, Chapter 25 of Montana Code Annotated.
The state law that sets requirements for planning, zoning, and subdivision in MT.
Key Partners:
Internal
• City Commission (Decision maker)
• City Manager
• Communications Division
• Community Development Staff
• Legal Staff
Advisory Boards
• Community Development Board (recommending body)
External
• General public
• InterNeighborhood Council and Neighborhood Associations
• Renters
• Property owners
• Bozeman Tenants United
• Forward Montana
• Gallatin Association of Realtors
• Southwest Montana Building Industry Association
• Students/MSU
• Gallatin County (staff & elected)
Define Decision Making
Decision making is at the core of how we plan for community engagement. Clarity on what decision will
be made, who will make them, and what information will be considered throughout the process is
essential. Many decisions are made throughout a given City project. Our approach calls on project teams
to consider which decisions are already made, and which decisions can be made more sustainable by
engaging the community. Which decisions the public will contribute to specifically must be clarified at the
outset of the engagement planning process. Next, the public must be equipped with the right information
and tools to contribute to a given decision.
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1. At what stage(s) in the decision-making process is the public being asked to participate (see
graphic)?
The state has primarily identified the required subject matter and type of information to be
provided. Intention is to rely on existing documentation that has been publicly reviewed
already, when applicable, to avoid duplication and maintain consistency. Not all data is
assembled or controlled by the City. That information, such as enrollment data for schools, will
be made available through the process but cannot be edited by the City.
Decision criteria have been established by state law. Direction to date from Commission is
technical compliance with revised statute which will involve some modification and updating to
plan text to address revised state law requirements but probably not material changes to the
future land use map.
Public engagement will occur through information sessions and public hearings before
Community Development Board and City Commission. A variety of outreach will be used to
make the community aware of the project so they can participate.
2. What decision(s) needs to be made? What decisions have already been made?
See description in #1 above. Many decisions on content are already set by state. Primary
decision is whether the collected information meets the requirements of state law for a land use
plan. Secondary decisions are whether to change proposed wording and to what degree.
3. Who is the final decision maker? Does this engagement plan require formal Commission
approval?
The Community Development Board must provide a recommendation to the City Commission.
Decision to adopt text and map and in what content is made by the City Commission. Decision
action is memorialized by Resolution adopting the document.
This engagement plan must be approved by the City Commission.
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4. Who will be most impacted by this decision/project/policy?
a. Who may benefit, who may be burdended?
i. Staff, advisory boards, and commission will be benefitted with updated land use plan
to administer that conforms to state requirements.
ii. Design and development community with reliable land use plan to implement.
iii. Broad community benefit will come from a legally compliant land use plan upon
which to base implementing regulations, provide a single consolidated source of data on
a wide range of topics, and removal of outdated procedural information that could lead
to misunderstanding.
b. What are the potential unintended consequences?
i. Due to restricted time availability the update is focused on technical compliance with
the enabling act, Title 76, Chapter 25 MCA. A follow up review may be desired by
elected officials to further explore non-technical compliance topics. A full plan update
usually takes 2-3 years and the time and financial commitment impacts the City’s ability
to pursue other priorities.
c. How will people be better off as a result of this decision/project/policy?
i. Compliance with enabling acts will continue the City’s state authorization to apply
zoning and subdivision regulations to address subjects of concern for the community.
5. What is the timeline for this decision/project/policy?
a. Begin public engagement process in beginning of July with a Resolution of adoption of
updated plan document by end of November 2025. Final completion will be at the discretion of
the City Commission so long as the May 2026 deadline is met.
6. What are the communication and engagement resources available?
a. City staff in Community Development and the City Manager’s Office will help identify key
partners, review and disseminate key messages, information, documents, and opportunities to
engage.
b. Engage Bozeman website will provide an electronic means to access documents, notices, and
other related materials.
c. Laserfiche and the comments@bozeman.net email provide an electronic method to submit
written comments and have them collected and archived for review throughout the process.
Laserfiche provides an archive of agendas, minutes, and packet materials.
d. The City livestreams advisory board and City Commission meetings and makes a recording of
each meeting available through the City’s website. This allows for later review at their
convenience by members of the public or public officials and provides an exact record of oral
comments by the public and discussion of items by the officials.
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e. Public hearings provide a method for the public to provide input and hear the discussion
regarding the document and any proposed actions.
f. Social and Website news postings on City’s website
Level of Community Engagement: Inform and Consult.
After there is clarity on the decision and how the public will participate in the decision-making process,
the level of engagement is determined. The engagement spectrum outlines different levels of
engagement and helps determine how the community will contribute to the process and what the
expectations are for achieving a given level of engagement. Throughout any level of engagement, one-
way communications will occur to provide the community with the resources and information they need
to contribute effectively.
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Project Timeline
Note on Statutory Requirements: Please include in the timeline below if your project will require
specific noticing, public hearings, etc., and when that might occur. Ask the Clerk’s office for guidance as
necessary.
Timeline: July
• Project Phase: Introducing the project, approval of engagement plan consistent with state
requirements in 76-25-106, and conducting research and data collection
• Actions: Communication campaign, Commission adoption of engagement plan, research and
documentation
• Tools and Techniques: Comms tools including but not limited to: press releases, Engage
Bozeman project page, social media posts, emails to community partners, presentations to
Community Development Board
Timeline: August
• Project Phase: Engagement period
• Actions: meeting with community development board and other identified groups, soliciting
feedback on Engage Bozeman, share documentation of required information per state law
• Tools and Techniques: Engage Bozeman, emails and social media to shared data and encourage
participation, in person and online meetings to reach across community
Timeline: September
• Project Phase: Drafting of document and begin formal review
• Actions: Reporting out on what we heard, hosting community meetings, public hearings with
Community Development Board, special presentation with City Commission
• Tools and Techniques: Engage Bozeman, Public notice in paper 15 business days ahead of
hearing in person meetings
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Timeline: October- November
• Project Phase: Project approval
• Actions: Public hearing(s) at Commission and adoption of Resolution of adoption
• Tools and Techniques: Engage Bozeman, Public notice in paper 15 business days ahead of
hearing, social media and website news posts
Engagement Wrap-up
1. How will you show what you heard from members of the public and how public input has
influenced the plan?
Documentation of all received written comments in Laserfiche, Minutes and recordings of public
hearings stored on municipal website or network, summaries of public input topics.
2. How will you go about evaluating the success of the engagement effort? Examples: measuring
community response to engagement efforts, group meetings following engagement efforts, etc.
Maintain count of participants in meetings and submitting written comments, Engage Bozeman
and other electronic methods provide analytics tools for online content use.
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MCA Contents / TITLE 76 / CHAPTER 25 / Part 1 / 76-25-106 Public partici…
Montana Code Annotated 2023
TITLE 76. LAND RESOURCES AND USE
CHAPTER 25. MONTANA LAND USE PLANNING ACT
Part 1. General Provisions
Public Participation
76-25-106. Public participation. (1) (a) A local government shall provide continuous public participation
when adopting, amending, or updating a land use plan or regulations pursuant to this chapter.
(b) Public participation in the adoption, amendment, or update of a land use plan or implementing regulations
must provide for, at a minimum:
(i) dissemination of draft documents;
(ii) an opportunity for written and verbal comments;
(iii) public meetings after effective notice;
(iv) electronic communication regarding the process, including online access to documents, updates, and
comments; and
(v) an analysis of and response to public comments.
(2) A local government shall document and retain all public outreach and participation performed as part of the
administrative record in accordance with the retention schedule published by the secretary of state.
(3) (a) A local government may decide the method for providing:
(i) general public notice and participation in the adoption, amendment, or update of a land use plan or
regulation; and
(ii) notice of written comment on applications for land use permits pursuant to this chapter.
(b) All notices must clearly specify the nature of the land use plan or regulation under consideration, what type
of comments the local government is seeking from the public, and how the public may participate.
(c) The local government shall document what methods it used to provide continuous participation in the
development, adoption, or update of a land use plan or regulation and shall document all comments received.
(d) The department of commerce established in 2-15-1801 and functioning pursuant to 90-1-103 shall develop
a list of public participation methods and best practices for use by local governments in developing, adopting, or
updating a land use plan or regulations.
(4) Throughout the adoption, amendment, or update of the land use plan or regulation processes, a local
government shall emphasize that:
(a) the land use plan is intended to identify the opportunities for development of land within the planning area
for housing, businesses, agriculture, and the extraction of natural resources, while acknowledging and
addressing the impacts of that development on adjacent properties, the community, the natural environment,
public services and facilities, and natural hazards;
101
(b) the process provides for continuous and extensive public notice, review, comment, and participation in the
development of the land use plan or regulation;
(c) the final adopted land use plan, including amendments or updates to the final adopted land use plan,
comprises the basis for implementing land use regulations in substantial compliance with the land use plan; and
(d) the scope of and opportunity for public participation and comment on site-specific development in
substantial compliance with the land use plan must be limited only to those impacts or significantly increased
impacts that were not previously identified and considered in the adoption, amendment, or update of the land use
plan, zoning regulations, or subdivision regulations.
(5) The local governing body shall adopt a public participation plan detailing how the local government will
meet the requirements of this section.
History: En. Sec. 6, Ch. 500, L. 2023.
Created by
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Memorandum
REPORT TO:Community Development Board
FROM:Chris Saunders, Community Development Manager
Erin George, Community Development Director
SUBJECT:Upcoming Items for the July 21, 2025, Community Development Board
Meeting
MEETING DATE:July 7, 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 21, 2025,
Community Development Board meeting:
1. Application 25157 [External link], Gran Cielo Block 4 preliminary plat.
Considered in the role of the Planning Board.
2. 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: June 26, 2025
103