HomeMy WebLinkAbout08-11-25 CDB Agenda and Packet MaterialsA. Call to Order - 6:00 pm
B. Disclosures
C. Changes to the Agenda
D. Approval of Minutes
D.1 Approval of Minutes(Sagstetter)
E. Action Items
E.1 Annexation and Zone Map Amendment Requesting Annexation and the Establishment of an
Initial Zoning Designation of R-1 on 0.903 Acres, the 1727 Kenyon Drive Annexation,
Application 25051(Rogers)
THE COMMUNITY DEVELOPMENT BOARD OF BOZEMAN, MONTANA
CDB AGENDA
Monday, August 11, 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-
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Access code: 954 6079 2484
Having reviewed and considered the staff report, application materials, public comment, and all
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E.2 Continued Discussion of Unified Development Code Update Focusing on Environmental
Consideration in Development Review(Rogers)
F. Public Comments on Non-agenda Items Falling within the Purview and Jurisdiction of the Board
G. FYI/Discussions
G.1 Upcoming Items for the Aug 18, 2025, Community Development Board Meeting (Saunders)
H. Adjournment
information presented, I hereby adopt the findings presented in the staff report for application 25051
and move to recommend approval of the 1727 Kenyon Drive Zone Map Amendment, with
contingencies required to complete the application processing.
Discuss and determine whether to make a recommendation to the City Commission on general
standards and scope of environmental considerations of development review applications.
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:August 11, 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:
072125 CDB Minutes.pdf
Report compiled on: August 5, 2025
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Bozeman Community Development Board Meeting Minutes, July 5, 2025
Page 1 of 3
THE COMMUNITY DEVELOPMENT BOARD MEETING OF BOZEMAN, MONTANA
MINUTES
JULY 21, 2025
Present: Jennifer Madgic, Ben Lloyd, Hap Happel, Chris Egnatz, Jason Delmue
Absent: None
Excused: Nicole Olmstead, Mark Egge
00:02:17 General information about the Community Development Board is available in our Laserfiche
repository.
A) 00:03:58 Call to Order - 6:00 pm
B) 00:04:37 Disclosures
C) 00:04:41 Changes to the Agenda
00:03:21 FYI items are to be discussed in the order of J.3, J.2, and J.1.
D) 00:05:15 Public Service Announcements
E) 00:05:20 Approval of Minutes
E.1 00:05:23 Approval of Minutes
070725 CDB Minutes.pdf
00:05:26 Motion to approve
Jason Delmue: Motion
Chris Egnatz: 2nd
00:05:36 Vote on the Motion to approve The Motion carried 5 - 0.
Approve:
Jennifer Madgic
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Bozeman Community Development Board Meeting Minutes, July 5, 2025
Page 2 of 3
Ben Lloyd
Hap Happel
Chris Egnatz
Jason Delmue
Disapprove:
None
F) 00:05:51 Consent Items
F.1 00:06:01 Gran Cielo Block 4 Subsequent Minor Subdivision Preliminary Plat
application to further subdivide 5 lots in Block 4 of Gran Cielo Subdivision into a 7 lot
subdivision for residential single household uses. The subject property is zoned R-3
(Residential Medium Density District) and contains 0.69 acres of buildable lots.
Generally located Northeast of the corner of Cielo Way and South 31st
Avenue. Application 25157 (Quasi-Judicial)
25157 Staff Report.pdf
00:06:41 Motion to approve 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 25157 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.
Hap Happel: Motion
Jennifer Madgic: 2nd
00:07:24 Vote on the Motion to approve 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 25157 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.
The Motion carried 5 - 0.
Approve:
Jennifer Madgic
Ben Lloyd
Hap Happel
Chris Egnatz
Jason Delmue
Disapprove:
None
G) 00:05:55 Special Presentations
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Bozeman Community Development Board Meeting Minutes, July 5, 2025
Page 3 of 3
I) 00:07:55 Public Comments on Non-agenda Items Falling within the Purview and
Jurisdiction of the Board
00:07:55 Anja Lincke provides public comment.
H) 00:11:02 Action Items
J) 00:11:06 FYI/Discussions
J.3 00:11:09 Continued Discussion of Unified Development Code Update Regarding
Zoning Districts and Uses Within Zoning Districts
00:11:19 Community Development Manager Chris Saunders presents to the board with
discussion.
J.2 01:09:14 Bozeman Community Plan Technical Compliance Update Engagement
Plan
J.1 01:20:39 Upcoming Items for the Aug 4, 2025, Community Development Board
Meeting
K) 01:25:55 Adjournment
This board generally meets the first and third Monday of the month from 6:00 pm to 8:00 pm.
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Memorandum
REPORT TO:Community Development Board
FROM:Tom Rogers, Senior Planner
Chris Saunders, Community Development Manager
Erin George, Director of Community Development
SUBJECT:Annexation and Zone Map Amendment Requesting Annexation and the
Establishment of an Initial Zoning Designation of R-1 on 0.903 Acres, the
1727 Kenyon Drive Annexation, Application 25051
MEETING DATE:August 11, 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 25051 and move to recommend
approval of the 1727 Kenyon Drive Zone Map Amendment, with
contingencies required to complete the application processing.
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:The applicant, Constructive Solutions, and property owner, Mr. Stanley, seek
to annex a portion of an existing parcel into the City limits and establish
initial zoning of R-1, Low Density Residential, for the purpose of constructing
an additional dwelling unit on the newly annexed part of the property.
The property is currently zoned R-S, Residential Suburban, in the Gallatin
County Bozeman Area Zoning district. There are no structures on the
property to be annexed. Annexed property adjacent are zoned R-1 and other
un-annexed properties are also zoned R-S in the County, including a portion
of the Burk Park (Peets Hill).
The Bozeman Community Plan 2020 (BCP2020) designates this and the
surrounding property as Urban Residential on the Future Land Use Map. The
R-1 district is an implementing district of this land use classification.
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
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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:
25051 1727 Kenyon Drive ANNEX - ZMA CDB SR.pdf
Report compiled on: July 31, 2025
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Page 1 of 31
25051 Staff Report for the 1727 Kenyon Drive Annexation & ZMA
Public Hearings: Community Development Board (map amendment only) August 4,
2025, continued to August 11, 2025
City Commission (Annexation and map amendment) August 12, 2025
Project Description: Annexation of 0.903 acres and amendment of the City Zoning Map
for the establishment of a zoning designation of R-1 (Residential Low Density).
Project Location: Property is addressed as 1727 Kenyon Drive and more particularly
described as being a portion of Lot C, Aldworth’s Rearrangement (Plat J-287),
located in the East Half of the Southeast One-Quarter SE ¼) of Section 18,
Township Two South (T2S), Range Five East (R5E), P.M.M., Gallatin County,
Montana.
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 25051 and move
to recommend approval of the Kenyon Drive 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 25051 and move
to approve the Kenyon Drive 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 25051 and move to approve the
Kenyon Drive Zone Map Amendment, with contingencies required to complete
the application processing.
Report: July 31, 2025
Staff Contact: Tom Rogers, Senior Planner
Agenda Item Type: Action – Legislative
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Staff Report for the 1727 Kenyon Drive Annexation & ZMA, Application 25051 Page 2 of 31
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 applicant, Constructive Solutions, and property owner, Mr. Stanley, seek to annex a
portion of an existing parcel into the City limits and establish initial zoning of R-1, Low
Density Residential, for the purpose of constructing an additional dwelling unit on the
newly annexed part of the property.
The property is currently zoned R-S, Residential Suburban, in the Gallatin County
Bozeman Area Zoning district. There are no structures on the property to be annexed.
Annexed properties adjacent are zoned R-1 and other un-annexed properties are also
zoned R-S in the County, including a portion of the Burke Park (Peets Hill).
The Bozeman Community Plan 2020 (BCP2020) designates this and the surrounding
property as Urban Residential on the Future Land Use Map. The R-1 district is an
implementing district of this land use classification.
In determining whether the criteria applicable to this application are met, Staff considers
the entire body of plans and regulations for land development. Standards which prevent
or mitigate possible negative impacts are incorporated in many locations in the
municipal code but are principally in Chapter 38, Unified Development Code.
References in the text of this report to Articles, Divisions, or in the form XX.XXX.XXX are
to the Bozeman Municipal Code.
Community Development Board (Zoning Commission) Summary
The Community Development Board acting in their capacity as the Zoning Commission
will hold a public hearing on August 4, 2025, continued to August 11, 2025, and will
forward a recommendation on the application to the City Commission.
No public comment has been received on this application.
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Staff Report for the 1727 Kenyon Drive Annexation & ZMA, Application 25051 Page 3 of 31
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 1727 Kenyon Drive Annexation & ZMA, Application 25051 Page 4 of 31
TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 2
Unresolved Issues ............................................................................................................. 2
Project Summary ............................................................................................................... 2
Community Development Board (Zoning Commission) Summary .............................. 2
Alternatives ........................................................................................................................ 3
SECTION 1 - MAP SERIES........................................................................................................ 5
SECTION 2 - RECOMMENDED TERMS OF ANNEXATION .................................................... 8
SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT ............ 10
SECTION 4 – ADVISORY COMMENTS .................................................................................. 10
SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS............................................... 11
Annexation ....................................................................................................................... 11
Zone Map Amendment ................................................................................................... 11
SECTION 6 - ANNEXATION STAFF ANALYSIS AND FINDINGS .......................................... 12
SECTION 7 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ....................... 19
PROTEST NOTICE FOR ZONING AMENDMENTS ................................................................ 29
APPENDIX A - NOTICING AND PUBLIC COMMENT ............................................................ 30
APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING ............................ 30
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF ...................................... 31
FISCAL EFFECTS .................................................................................................................... 31
ATTACHMENTS ...................................................................................................................... 31
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Staff Report for the 1727 Kenyon Drive Annexation & ZMA, Application 25051 Page 5 of 31
SECTION 1 - MAP SERIES
Project Vicinity Map
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Staff Report for the 1727 Kenyon Drive Annexation & ZMA, Application 25051 Page 6 of 31
Zoning Map
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Staff Report for the 1727 Kenyon Drive Annexation & ZMA, Application 25051 Page 7 of 31
Future Land Use Map
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Staff Report for the 1727 Kenyon Drive Annexation & ZMA, Application 25051 Page 8 of 31
Annexation Detail
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 “1727 Kenyon Drive Annexation”.
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Staff Report for the 1727 Kenyon Drive Annexation & ZMA, Application 25051 Page 9 of 31
2. An Annexation Map, titled “1727 Kenyon Drive 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 landowners and their successors must pay all fire, street, water and sewer
impact fees at the time of connection; and for future development, as required by
Chapter 2, Bozeman Municipal Code, or as amended at the time of application for
any permit listed therein.
5. If they do not already exist, the applicant must provide executed Waivers of Right to
Protest Creation of Special Improvement Districts (SID’s) for the following:
a) Street improvements to Kenyon Drive between Josephine and O’Connell Drive,
including lighting, signalization, paving, curb/gutter, sidewalk, and storm
drainage.
b) Intersection improvements at Church Street/Sourdough Road and West Kagy
Boulevard, including lighting, signalization/channelization, paving, curb/gutter,
sidewalk, and storm drainage.
c) Intersection improvements at Highland Boulevard and West Kagy Boulevard,
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
annexation agreement and filed with the County Clerk and Recorder at
annexation.
6. 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.
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Staff Report for the 1727 Kenyon Drive Annexation & ZMA, Application 25051 Page 10 of 31
7. 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.
8. A legal instrument, signed by the property owner, must be filed in the Office of the
Gallatin County Clerk and Recorder concurrently with the annexation agreement
stating that the subject property may not be sold or transferred separately from the
parent parcel without prior written approval of the City. The City will prepare the
instrument for final signing and recordation with the Gallatin County Clerk and
Recorder Office.
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 if 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
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 “1727 Kenyon Drive Zone Map Amendment”.
3. The applicant must submit a zone amendment map, titled “1727 Kenyon Drive 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
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Staff Report for the 1727 Kenyon Drive Annexation & ZMA, Application 25051 Page 11 of 31
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.
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 August 12, 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 25051.
The Development Review Committee (DRC) considered the amendment. The DRC did
not identify any infrastructure or regulatory constraints that would impede the approval
of the application that cannot be addressed with adopted standards and requirements
for future development.
The Community Development Board acting in their capacity as the Zoning Commission
will hold a public hearing on this zone map amendment on August 4, 2025, continued to
August 11, 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 August
12, 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.
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Staff Report for the 1727 Kenyon Drive Annexation & ZMA, Application 25051 Page 12 of 31
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 part of a larger 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.
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.
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Staff Report for the 1727 Kenyon Drive Annexation & ZMA, Application 25051 Page 13 of 31
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. The annexed area will reduce the inholding and incrementally decrease
the irregularity.
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.
Neutral. The subject property will not measurably improve the traffic circulation system.
If the proposed second home on the property is constructed, it will gain access to the
street network by a driveway from O’Connell Drive. No additional right-of-way is
dedicated or required for the annexation or any possible development onsite.
Goal 8: The City prefers annexation of parcels of land larger than five (5) acres
in size, but will allow annexation of smaller parcels if factors such as topographic
limitations, sanitary disposal needs, fire access, maintenance of public facilities,
etc., justify a smaller annexation.
The subject property is 0.907 acres. The area to be annexed is a part of another privately
held parcel. The annexation allows an additional residential unit not otherwise possible.
The property is steeply sloped with limited access options.
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 7. The landowner will consent to this requirement by signature on the
annexation agreement.
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Staff Report for the 1727 Kenyon Drive Annexation & ZMA, Application 25051 Page 14 of 31
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 city water
and sewer. Any new construction must connect with initial construction to the municipal
system.
The City’s water and sewer systems are adjacent to the property. Per Term of Annexation
6, 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
protest the creation of special or improvement districts necessary to provide the
essential services for future development of the City.
This policy is met. There are no collector, arterial, adjacent local streets, public water,
sanitary sewer, storm or sewer mains, or Class I public trails not within the right of way
for arterial or collector streets adjacent to the property requiring additional easements.
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.
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 Urban Residential. No change to
the growth policy is required. The application includes a request for initial zoning of R-1.
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
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Staff Report for the 1727 Kenyon Drive Annexation & ZMA, Application 25051 Page 15 of 31
property owner and completed prior to any action for approval of the application
for annexation.
This policy is met. The property is designated “Urban Residential” 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 R-1. See the zone map amendment section of this report for review of the zoning
criteria. The Zoning Commission will hold a public hearing on August 11, 2025. A
recommendation will be forwarded to the City Commission once the hearing is
complete.
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 R-1, Low Density Residential 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
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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 O’Connell
Drive, a local Street, which is paved to the edge of an adjacent property. The property
owner is required to secure public access to the property prior to construction of any
residential buildings.
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
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 is in Kenyon Drive in front of the primary house. A sewer main is
trenched in the read yard of the primary house and just upslope from the parcel being
annexed. The property is located adjacent to residential development that is currently
served by Bozeman Fire Department.
Recommended Term of Annexation 6 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.
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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 6 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
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
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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.
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.
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.
No individual septic or water systems are present. The existing home is on property
annexed into the city and utilizes city water and sewer service. Future development will
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be required to connect to city services. A term of annexation requires connection to
municipal water and sewer implements this policy. Terms of Annexation 6 address this
issue.
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.
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.
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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 Urban
Neighborhood. The Urban
Neighborhood designation
description reads:
“This category primarily
includes urban density
homes in a variety of types,
shapes, sizes, and
intensities. Large areas of
any single type of housing
are discouraged. In limited
instances, an area may
develop at a lower gross
density due to site
constraints and/or natural
features such as
floodplains or steep slopes.
Complementary uses such
as parks, home-based
occupations, fire stations,
churches, schools, and
some neighborhood-serving
commerce provide activity
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centers for community gathering and services. The Urban Neighborhood designation
indicates that development is expected to occur within municipal boundaries. This
may require annexation prior to development.
Applying a zoning district to specific parcels sets the required and allowed density.
Higher density residential areas are encouraged to be, but are not required or
restricted to, proximity to commercial mixed use areas to facilitate the provision of
services and employment opportunities without requiring the use of a car.”
The correlation between the future land use map of the growth policy and the zoning
districts is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the
following Correlation with Zoning Table, the R-1 district is an implementing district of the
Urban Neighborhood 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 lists several goals and policies used to evaluate map amendments starting
on page 1 of the Applicant Submittal Annexation Narrative and notes that the R-1 zone is
an implementing district for the Urban Neighborhood future land use designation.
Additional analysis is needed to overcome the burden of proof to adopt the proposed
zoning designation. The R-1 zone is the least intense district correctly available for initial
zoning and is lower than most recent requests. While the city, as a general policy,
encourages gradual increase of intensity even in established residential areas, this
location is uniquely suited for a lower intensity zone.
The first is limited accessibility. Due to prior decisions outside the city control the area
was haphazardly subdivided creating inholdings with little or no access to the street
network. In this case the City Engineering team devised a unique access solution to allow
the construction of a residential structure and use an access from the termination point
of upper O’Connell Road that was for all intents and purpose, a alley connecting future
development to the transportation system. This is permissible in city code because the
area to be annexed is a part of the parent tract hosting the exiting house. In other words,
with sufficient area property owners are allowed to construct as many homes as the
minimum area per dwelling unit and other applicable standards permit.
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Secondly, slope. The property is topographically challenged. Measuring slope in two
locations illustrates the issue. Taking measurements on the northern part of the property
shows a run of 45 feet and an elevation loss of 26 feet which is a slope of 30 degrees.
Measuring the widest part of the property has a slope of 11.5 degrees. The area with less
slope is proposed for the building location.
Also, as noted above, the area to be annexed is constrained by historical development
patterns which limits access. Addressing stormwater, parking, residential open space,
and other city standards would limit development on the property.
Finally, the existing neighborhood is nearly fully built out after the original subdivision
completed in 1961. The area is zoned R-1. Graff’s First Addition totaled 18.1 acres with
39 lots. Area analysis was not required in 1961, assuming approximately 25 percent of
the area was dedicated as streets, density is calculated at 2.9 units per acre, well below
modern expectations.
With this context in mind staff provides additional findings in support of the proposed
zoning designation.
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, unannexed inholdings
use city streets without financially supporting their use.
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.
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Goal DCD-1: Support urban development within the City.
Comment: The annexation will allow an area previously undevelopable to be developed,
even at a lower density than generally found in the city.
The property is wholly surrounded by the City. The property owner 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 home is being served by city emergency services while the
back half of the lot is served by Hyalite Rural Fire District. The annexation will allow
harmonization of emergency services. 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. 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 R-1 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 require any
residential structures to connect to the city sewer system.
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.
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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:
“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
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guarantee of approval for any given use prior to the completion of the appropriate
review procedure and compliance with all of the applicable requirements and
development standards of this chapter and other applicable policies, laws and
ordinances. It is also not a guarantee of immediate infrastructure availability or a
commitment on the part of the city to bear the cost of extending services.”
The 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
Kenyon Drive (water) and in the rear of the annexed portion of the lot (sewer) 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 Kenyon Drive (local street).
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.
The street grid in this area is complete. Due to steep slopes the connection from
O’Connell to Church Street / Sourdough Road has not been constructed.
E. Reasonable provision of adequate light and air.
Criterion Met. The R-1 zoning designation has requirements for setbacks, height, and lot
coverage, which provide for the reasonable provision of adequate light and air. Any future
development of the property will be required to conform to City standards for setbacks,
height, lot coverage, and buffering.
In addition to the zoning standards, adopted building codes contain more detailed
requirements for air circulation, window placement, and building separation that further
ensure the intent of this criterion is satisfied.
F. The effect on motorized and non-motorized transportation systems.
Criterion met. Potential development on the annexed area will have minimal impacts on
the motorized and non-motorized transportation system. Due to environmental
constraints and access, city codes and standards will limit the number of residential
units built on the property. Further, the R-1 zoning, considering recently passed state
laws, only permit minor increase in density. The existing transportation system is
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underutilized and the additional transportation generated by development on site would
not negatively impact the transportation system.
No additional right-of-way is needed. However, a waiver for the creation of special
improvement districts is required for Kenyon Drive, O’Connell Drive, and the
intersections of Sourdough Road and Highland Boulevard and West Kagy Boulevard. See
Annexation Term 5.
The recommended terms of annexation and City’s development approval processes 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 because 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;
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.
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Compatible land use. A land use which may by virtue of the characteristics of its
discernible outward effects exist in harmony with an adjoining land use of
differing character. Effects often measured to determine compatibility include,
but are not limited to, noise, odor, light and the presence of physical hazards such
as combustible or explosive materials.”
As noted in the definition of Compatible development, there are many elements that
contributed to compatibility. The final sentence of the definition deserves emphasis
“Compatible development does not require uniformity or monotony of architectural or
site design, density or use.” Compatible development can be different than what is
already in place. The City has adopted a variety of standards to implement compatibility.
The proposed R-1 zone is the same as nearby properties within the municipal boundaries
of the city. The property is 1.901 acres. Minimum lot size in the R-1 zone is 4,000 square
feet; there is no maximum lot size. If there were no constraints onsite the simple
calculation would allow up to 20 dwelling units to be constructed. However, steep
slopes and the existing home size and location restrict the total number of possible
homes on the property. The existing neighborhood is nearly fully built out after the
original subdivision completed in 1961. Graff’s First Addition totaled 18.1 acres with 39
lots. Area analysis was not required in 1961, assuming approximately 25 percent of the
area was dedicated as streets, density is calculated at 2.9 units per acre, well below
modern expectations. If one additional dwelling unit is constructed on the property, the
result would be one dwelling unit per acre.
Considering environmental constraints, the existing neighborhood, access, staff finds
the proposed R-1 zone is compatible urban growth.
H. Character of the district.
Criterion Met. Section 76-2-302, MCA says “…legislative body may divide the
municipality into districts of the number, shape, and area as are considered best suited
to carry out the purposes [promoting health, safety, morals, or the general welfare of the
community] of this part.” Emphasis added.
This proposal amends the zoning map and not the text. Therefore, no element of this
amendment modifies the standards of any zoning district. The character of the districts
as created by those standards remains intact.
As noted above, the City Commission has latitude in considering the geographical
extents of a zoning district. It is not expected that zoning freeze the character of an area
in perpetuity. Rather, it provides a structured method to consider changes to the
character.
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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 are
generally low-density suburban style not generally seen in newer developments. This
proposal creates an interesting conundrum. One on hand the R-1 zone tends not to fully
realize desired density and provide housing for anticipated growth, even with the state
mandated increase in density in all zones. On the other hand, the property cannot
develop in the county due to environmental health rules and standards. Therefore, the
additional of even one home is desirable although the result will likely be beyond the
economic means of most Bozeman residents.
The area is dominated by larger lot single household detached homes of considerable
size. The one exception is the Highwood Estates condominium development up the road
from the subject property which is a 13 two-attached rowhouses and one three-attached
rowhouse development on a single lot.
Therefore, staff concludes the R-1 zoning furthers the character of the district.
I. Peculiar suitability for particular uses.
Criterion Met. Page 14 of the Applicant Narrative states, “The new zoning addresses the
affected area’s particular suitability for particular uses. The lot will comply with the
authorized uses for the zoning. The surrounding area is predominantly single-family
residential. In a future phase of this lot, a single-family residence will be proposed. The
zoning is R-1, Residential Low Density District. The intent of a future phase with a
single- family residence is to expand upon the low-density residences in this area.”
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The Future Land Use Map shows the area as Urban Residential which the R-1 is an
implementing district. The allowed uses for Bozeman’s R-1 district are set in Table
38.310.030.A, BMC.
Staff concludes R-1 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. No change to the existing residential structure is required with annexation. The
additional area annexed into the city will allow the potential for residential structure. As
noted earlier in this report, there are site specific constraints that will limit the amount
of development on the property. It is unlikely the construction of an additional residential
unit on the property will negatively impact other properties in the area.
Any future development on the property will be subject to standards in the R-1 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 R-1 zoning designation will encourage the most
appropriate use of land as the property is surrounded by lower density residential
development, which is generally consistent with the intent of the BCP2020 goals and
objectives. Furthermore, the proposed R-1 zoning designation is consistent with the
Bozeman Community Plan’s future land use map designation of “Urban Residential.”
PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS
OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT AREA OR THOSE
LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE, THE
AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-
THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION.
The City will accept written protests from property owners against the proposal
described in this report until the close of the public hearing before the City
Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the
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Staff Report for the 1727 Kenyon Drive Annexation & ZMA, Application 25051 Page 30 of 31
owner(s) of real property within the area affected by the proposal or by owner(s) of
real property that lie within 150 feet of an area affected by the proposal. The protest
must be in writing and must be signed by all owners of the real property. In addition,
a sufficient protest must: (i) contain a description of the action protested sufficient
to identify the action against which the protest is lodged; and (ii) contain a statement
of the protestor's qualifications (including listing all owners of the property and the
physical address), to protest the action against which the protest is lodged, including
ownership of property affected by the action. Signers are encouraged to print their
names after their signatures. A person may in writing withdraw a previously filed
protest at any time prior to final action by the City Commission. Protests must be
delivered to the Bozeman City Clerk, 121 North Rouse 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 “Urban Neighborhood” in the Bozeman Community Plan
2020.
1. 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 zoning district to specific parcels sets the required and allowed
density. Higher density residential areas are encouraged to be, but are not required or
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Staff Report for the 1727 Kenyon Drive Annexation & ZMA, Application 25051 Page 31 of 31
restricted to, proximity to commercial mixed use areas to facilitate the provision of
services and employment opportunities without requiring the use of a car.
Proposed Zoning Designation and Land Uses:
The applicant has requested zoning of R-1, “Residential Moderate Density” in
association with the annexation of the property. According to Sec. 38.300.100(B) of the
Unified Development Code, the intent of the R-1 residential low density district is to
provide for primarily single-household residential development and related uses within
the city at urban densities. These purposes are accomplished by:
1. Providing for a minimum lot size in developed areas consistent with the
established development patterns while providing greater flexibility for
clustering lots and housing types in newly developed areas.
2. Providing for such community facilities and services as will serve the area's
residents while respecting the residential character and quality of the area.
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=299568&dbid=0&repo=BOZEMAN
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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 Focusing on
Environmental Consideration in Development Review
MEETING DATE:August 11, 2025
AGENDA ITEM TYPE:Community Development - Legislative
RECOMMENDATION:Discuss and determine whether to make a recommendation to the City
Commission on general standards and scope of environmental
considerations of development review applications.
STRATEGIC PLAN:4.1 Informed Conversation on Growth: Continue developing an in-depth
understanding of how Bozeman is growing and changing and proactively
address change in a balanced and coordinated manner.
BACKGROUND:Environmental considerations during development review are integral to the
Unified Development Code (UDC). Process, requirements, and standards are
imbedded throughout the code and are often related and dependent on one
another. The purpose of the UDC is to regulate land use and development
within the city while promoting public health, safety, and welfare as
described in 38.100.040:
"The intent of this unified development chapter is to protect the public
health, safety and general welfare; to recognize and balance the various
rights and responsibilities relating to land ownership, use, and development
identified in the United States and State of Montana constitutions, and
statutory and common law; to implement the city's adopted growth policy;
and to meet the requirements of state law."
The City has received public comments during the UDC project expressing
concerns about the natural environment and development’s impact on
watercourses, wetlands, trees, water supply, solar access, food production,
and others. The Commission responded by expanding the scope of the UDC
supplementary engagement in winter and spring 2024-2025 to provide a
forum to discuss these concerns.
Many of these topics are being addressed in more detail via separate
projects such as the Wetlands Ordinance, the Integrated Water Resources
40
Plan and the Urban Forest Management Plan. More details on the other
projects are referenced in the attached memo, as well as descriptions of
how various environmental elements are addressed in the current and
proposed UDC. The memo also explains the development review process
and environmental submittal requirements for different types of
applications.
The purpose of this discussion is to expand on the process, requirements,
and standards involved to maintain Bozeman's high quality of living and
ensuring the long term health of our environment within the City limits. Staff
will be present at the work session to walk through the information and
answer questions.
UNRESOLVED ISSUES:Determination of recommendation to City Commission
ALTERNATIVES:As determined by the Board.
FISCAL EFFECTS:No budgeted funds are expended with this discussion.
Attachments:
CDB August 11 2025 Natural Environment - 8-7-2025.pdf
Report compiled on: August 6, 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) Discussion – Natural Resources
Meeting Dates: August 11, 2025
General Background
Balancing the desire of incremental development and redevelopment with meeting the
needs for housing for existing and relocating individuals, providing for employment, avoiding
or mitigating impacts on the natural environment, meeting recreational needs, providing
adequate transportation systems, and enabling services to meet needs, caries challenges.
The Bozeman Community Plan 2020 (BCP2020) [External Link] includes seven themes.
▪ 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. Chapter One addresses “To
Grow or Not to Grow” and “Does the City Have to Grow.” It also addresses implementation:
“The City must balance many issues in approving urban development. Therefore, it is not
unusual if there is some tension between competing priorities, even if there is no explicit
contradiction of policy.” (p. 73)
While the UDC includes several sections about the natural environment such as wetlands,
watercourses and floodplains, the original UDC update project scope did not include
updates to those sections. The UDC project scope as directed by Commission in 2022,
focused on organization, Growth Policy implementation, housing access and choice, built
environment, and State law compliance. Plans to address the natural environment were in
place with subsequent process intended to build on the framework of the UDC update.
These efforts deserve adequate time and focus, including specialized expertise from
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multiple Departments and in some cases consultants, so they have been identified as
separate projects. With the UDC update continuing into 2025 many of the planned projects
are in the works and (in the case of the wetlands ordinance) nearing completion.
Some public comments during the UDC project have included concerns about the natural
environment and development’s impact on watercourses, wetlands, trees, water supply,
solar access, food production, and others. The Commission responded by expanding the
scope of the UDC supplementary engagement in winter and spring 2024-2025 to provide a
forum to discuss these concerns prior to the completion of these other efforts. Many of
these separate projects are now underway or in the scoping process and are referenced in
this memo. A few relevant projects are listed under the Current City Projects section of this
memo listed just below.
Current City Projects
▪ Wetlands Code Update. Public notice was published on July 26 and hearings are
scheduled on August 18th with Community Development Board and City
Commisison on September 9th. The effective date might be end of October
depending on Commission action.
The Wetland Code Update project focuses on ensuring documentation and
thoughtful analysis of wetlands and watercourses, avoidance and minimization of
impacts, the details of how to mitigate wetland impacts locally around Bozeman
rather than far outside city limits, all with an emphasis on providing the greatest
positive benefit to ecological resources.
The project web site can be viewed here [External Web Link].
▪ Integrated Water Resource Plan. This project will update the City of Bozeman's 2013
Integrated Water Resources Plan (IWRP), outlining alternatives to improve
Bozeman's water supply resiliency and ensure an adequate supply for the future. The
project web site can be viewed here [External Web Link].
▪ Parks, Recreation and Active Transportation Plan Implementation. The PRAT plan
was adopted on September 12, 2023. A project to implement the plan with necessary
code amendments is in development by the Parks Dept and has not yet set a public
outreach schedule.
▪ Urban Forest Management Plan. The Forestry Division of the Parks Department is
kicking off an update to the City’s Urban Forest Management Plan in late summer
2025. This plan identifies the City’s publicly owned trees (within street rights-of-way
and parks, for example), discusses benefits and characteristics of the urban forest
and sets forth goals and recommendations for protection, health and maintenance.
The current Urban Forest Management Plan was adopted in 2016 and can be viewed
here [External Web Link].
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▪ Bozeman Landmark Project. The Bozeman Landmark Project centers on revising the
existing historic preservation policy and crafting a local landmark program. The
project is in its second phase focusing on amending section 38.340 of the UDC. This
project is being managed by the City’s Historic Preservation Officer and a consultant.
The project web site can be viewed here [External Web Link].
Completed Projects
2025 Stormwater Facilities Plan. The Commission adopted the 2025 Stormwater Facilities
Plan on May 6, 2025. The Stormwater Facilities Plan is a master plan of the City’s stormwater
collection system and administrative programs. The plan encompasses a wide scope of
items ranging from storm sewer system modeling, evaluation of storm sewer system
performance, identification of system deficiencies, development of a comprehensive
capital improvement plan to address storm sewer system needs, MS4 General Permit
compliance recommendations, inform levels of service, and funding.
The goals of the 2025 Stormwater Facilities Plan are to provide the community with
resources and tools to continue meeting the City’s Strategic Plan by fostering a well-planned
City, promoting a sustainable environment, providing capital improvements for existing and
new infrastructure, and ultimately helping guide public funds to the right project at the right
time to maximize benefit at minimum cost.
The Resolution to adopt cover memo with Plan attached can be reviewed here [External
Web Link].
Bozeman Design and Construction Standards (BDCS). The BDCS document has been
prepared to assist design engineers, architects, developers, contractors, or other interested
individuals with the preparation of plans and specifications for public infrastructure
improvements so that they will meet the requirements of the City of Bozeman (COB). The
requirements specified in the BDCS have been established through the subdivision
regulations, municipal code, or City policies. The goal of standardizing design and
construction within the COB is to protect public health and safety and promote operational
efficiency while minimizing life-cycle costs of public infrastructure. A subsequent draft of
the UDC will include updated references to the BDCS.
Engineering Design and Construction Standards can be reviewed here [External Web Link].
Natural Resources in the Code
Natural resource protection involves a wide spectrum of city standards and departments.
There is dependency between the BCP2020, PRAT, Urban Forest Management Plan, Climate
Action Plan, State and Federal permits associated with the City core functions such as
wastewater discharge permits, water adequacy, and other critical city services.
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Bozeman Community Plan 2020, Theme 4, A City Influenced by our Natural Environment,
Parks, and Open Lands, speaks to the topic of this work session. Protecting our immediate
and regional ecosystem requires diligence and careful planning as Bozeman and Gallatin
County continue to grow. Responding to climate change, protecting the health of our water
systems and our air quality, and grappling with the impacts of increased human population
and invasive plants and animals are some of our challenges. The existing UDC includes
processes and standards to ensure long term protection of the natural areas and sensitive
lands within the city boundaries. Those areas in need of update have been identified and
assigned to separate projects as listed above.
The environment in which the city applies standards for all types of natural resources is
complex. The following materials are provided to describe how development applications
are reviewed, what standards apply in what situations, and what the city does to ensure
development mitigates potential adverse impacts.
Standards for natural resource protection are found in a variety of locations within Chapter
38 of the Bozeman Municipal Code. Most standards related to this work session are found
in Article 6 – Natural Resource Protection [External Link]. These regulations are divided into
two categories, floodplains and wetlands. Both areas are technical and require trained
professionals to properly implement. The City Engineering division is largely responsible for
managing these codes with outside professional input. Outside support includes wetland
consultants, Army Corps of Engineeres, Gallatin County Conservation District, Fish Wildlife
and Parks, and the Montana Department of Natural Resources and Conservation. Several
other sections also relate to natural resources. All are summarized below, with citations for
the proposed draft code. Some code segments are revised as part of the proposed draft,
which staff will explain at the work session.
Specific Code Standard Elements
• Agricultural Water User User Facilities (Ag Ditch). Section 38.310.010 (page 3-9).
These facilities are a property interest and protected by state laws in Titles 70 and 85.
The City requires persons pursuing development to contact facility owners at the very
beginning of the development process; even before applications are submitted.
These requirements apply to both zoning and subdivision types of applications.
Applications require information on locations and other details to be provides, see
Division 38.710.030.A.15 (page 7-16). Staff is considering requested clarifications
in the text from public comment. Several elements are already being addressed
with the wetland and watercourse text amendment moving thorough its own
process.
• Municipal water, sanitary sewer and storm sewer systems. Section 38.410.070 (page
4-26). Primary city services are to supply clean water and move waste through the
sanitary and storm sewer systems to be cleaned. These are critical systems to ensure
clean environment, clean water, and minimize flood risks throughout the city. The
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City is subject to state and federal regulations for these systems. Each development
project must demonstrate that it can provide these services to adopted standards
before approval is granted. Development applicants must connect to, and in some
cases extend or upgrade, water, sewer and storm lines in accordance with the City’s
code requirements.
• Grading and drainage. Section 38.410.080 (page 4-28). Projects must demonstrate
adequate grading control and design to enable control of all runoff, proper placement
of stormwater treatment facilities, and demonstrate compliance with state and
municipal standards to maintain water quality and minimize property damage.
• Parkland and Recreation Requirements. Division 38.420, BMC (page 4-31). Parkland
dedication is required for all residential development. Parkland is primarily for
recreation which provides different and separate functions from watercourse
setbacks. However, parkland areas may be adjacent to water features and other
natural amenities and with a thoughtful overall design can be well coordinated to
improve the experience for all users. The recent PRAT plan places greater emphasis
on such coordination.
• Watercourse setbacks. Section 38.620 (page 6-36). Standards designed to avoid
adverse impacts on important natural features from human activity. All watercourses
on private property are required to be depicted and must provide minimum setbacks
identified in this code section, which is being updated. Dedicated planting plans are
required to maintain and improve vegetation to place more native and naturalized
plantings adjacent to the watercourse. Other than specified allowances, the
watercourse setback must remain as natural vegetation. This section is moving to the
Article 6, Natural Resources with the UDC update. The separate wetland regulation
update is improving coordination between watercourse and wetland
documentation and review processes.
• Water adequacy. Section 38.410.110 (page 4-30). To ensure long term water
availability for residents of the city, development, including redevelopment, is
reviewed for impact on water demand. Additional water demand must be offset
through one or more identified options, such as cash-in-lieu of water rights. The City,
as a water utility provider, has adopted rules for responding to drought (see Chapter
40). Water supply is further implemented by the City’s water conservation program
[External Link]. Further, the City has adopted additional water conservation plans.
Germane to this workshop are the:
Water Conservation and Efficiency Plan [External Web Link].
Landscape and Irrigation Performance Standards Manual [External Link].
Montana Field Guide for Wetland & Riparian Systems [External Link].
• Landscaping. Division 38.540 (page 5-49) - Landscaping is required with all
subdivision and site plan developments. Landscape requirements vary by
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application type and location. Typical landscaping includes ground cover, shrubs,
and trees. The City strongly supports native plant and drought tolerant/water
conserving plant use. The City limits water consumptive plantings and has
established limitations on irrigation systems to conserve water. Landscaping and
irrigation standards were updated in 2024, following adoption of the Water
Conservation and Efficiency Plan [External Link] in 2023.
• Trees. Standards to promote the heath and long term success of Bozeman’s tree
canopy on all public lands including street boulevards, linear parks, parks, publicly
owned cemeteries, and other public lands are located in Chapter 16, Division 5
[External Link] – Tree Regulations. All development must comply with the adopted
standards, including provision of street trees, and for larger projects, trees in parking
areas and elsewhere. The City does not regulate or maintain trees on Montana State
University, Bozeman School District, or other state lands within the municipal
boundaries of the city.
Chapter 16, Division 5 is outside the authority of the Chapter 38 code update.
Further, the city adopted a Urban Forest Management Plan [External Link] in 2016. As
noted above, this plan is in the process of being updated in a separate effort from the
UDC update.
The city has had review process and standards for all aspects of site development in
the city, including trees, for many years on new development. Examples include
requirements for planting trees in parking lots, protecting vegetation in wetland and
watercourse areas, and trees on site plans. However, trees on private property such
as individual home lots or land not undergoing development are not regulated by the
city nor are we aware of any other jurisdiction in the State of Montana doing so. Other
states however, have adopted private property tree regulations for a variety of
reasons. If City Commission wishes to consider adding such regulations, staff
recommends starting first with focused public engagement, research by staff and/or
consultants with forestry expertise, and eventual drafting of broad policy goals for the
City through the Urban Forest Management Plan update process. Implementation of
the policy goals would likely necessitate code amendments with related legal
analysis. If such code changes included tree preservation and/or replanting
requirements on private property, additional Forestry staff and Code Enforcement
staff would likely be needed. Thus, City analysis of necessary staffing and budget
resources would need to occur, followed by allocation of budget dollars by City
Commission through the City’s biennial budget process.
• Floodplain Regulations. Division 38.600 (page 6-3). The City adopts regulations to
meet state and federal requirements to minimize property loss and hazards to
persons. The City extends protections further than the state and federal minimums
by coordinating floodplain regulations with local watercourse standards which limit
activities in floodplains and incorporating all floodplain areas into watercourse
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setbacks. All new developments, redevelopments, and significant renovations must
comply with the floodplain regulations.
• Wetland Regulations. Division 38.610 (page 6-30). The US Army Corp of Engineers
(USACE) determines when federal wetland regulations apply. A recent court decision
changed how the federal standards are applied, however, most wetlands in Bozeman
are under federal jurisdiction.
The City adopted local wetland protections over 20 years ago. These extend
protections to wetlands for which the USACE does not take jurisdiction. The City is
currently updating these regulations. Revisions include updating
documentation requirements, clarifying processes for delineation of wetlands,
and increasing coordination with the City’s watercourse regulations. Public
hearings with the Community Development Board and City Commission are
scheduled for August 18 and September 9.
• Solar Generation. Solar is defined as an Essential Service Type I, section 38.800.060,
page 8-11, and is allowed in all districts. Recent text amendments further establish
clear allowances to encourage solar installation in all appropriate locations and
address both individual and shared installations. Special standards apply to solar
installation to eliminate possible impediments to their construction; see sections
38.260.060 (page 2-96), 38.260.100.A.5 (2-109), and 38.510.060.F (page 5-19). The
proposed UDC draft is modifying definitions of Essential Services to enable
shared solar facility installation. The Sustainability division participated in
drafting the proposed changes.
Previous Commission and Advisory Board work session
The City Commission considered a number of subjects related to this work session on
November 15, 2022 [External Link]. The work session addressed sustainability on seven
topics and request specific direction on EV charging and urban agriculture. The Legislature
later restricted local governments in several ways from establishing requirements related to
power generation and to EV facilities.
The Sustainability Board has been engaged with the UDC update from the start of the
project. Community Development staff met with the Sustainability Board to identify areas of
interest, discuss alternatives for possible amendments, and get early input to shape future
amendments on July 13, 2022, August 10, 2022, and December 14, 2022.
Further, On August 9, 2023, the Sustainability Board had a work session to review the draft
and public review schedule preparatory to making a recommendation. October 11, 2023,
the Board considered the draft UDC and opined and provided recommendation to the City
Commission on specific areas of the code relating to the Sustainability Boards areas of
relevance. A video recording and link to the packet [external packet link] of the presentation
are available for review. Most recently, on April 9, 2025, the Board was updated on the
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Suplementary Engagement Plan and an opportunity to provide additional code changes
based on feedback from the community. The cover memo can be reviwed here [External
Link].
Development Review Processes
Applicants for proposed developments are required to submit a large amount of
information. Submittal requirements for all applications are listed in 38.220 in the current
code (38.710 in the proposed draft), with 17 different subsections for various types of
applications. Using a Site Plan for example, 38.220.080 (38.710.070 in the proposed draft)
lists 24 elements for which the location, identification and dimension of existing and
proposed data on-site and within 100 feet must be shown. Some of these required elements
which are environmental in nature are: topographic contours, watercourses, water bodies,
wetlands, floodplains, drainageways, ditches, significant rock outcroppings, slopes of
greater than 15 percent, unique natural features, significant wildlife areas and vegetative
cover, including trees and shrubs having a diameter greater than 2.5 inches, by species, and
more. Collecting this data is time-consuming and expensive for applicants and requires
professional expertise, but providing it at the time of site-specific development application
submittal is industry standard across the country.
If wetlands or watercourses are present on a subject site, applicants are required to submit
a wetland delineation report, per 38.610.030.A. The City has a qualified wetland biologist on
contract who reviews wetland reports submitted by applicants as well as proposed
development plans, and makes recommendations which staff pass onto applicants via
review comments to ensure all code requirements are met. As noted earlier, the Wetlands
Ordinance project is updating all of 38.610.
The public review processes required to permit construction harmonize adopted standards
and thorough review criteria set forth in the UDC, and apply all applicable requirements
adapted to the site specific conditions. The two primary review processes for larger
developments are subdivision and site plan review.
1. Site Plan review criteria. Site plan review criteria summarizing the standards
throughout the code are listed in section 38.740.090 (page 7-66).
2. Subdivision review criteria. Subdivision review criteria are largely established by the
State and are listed in section 38.750.090 (page 7-79).
The amount of information required with development applications such as site plans and
subdivisions is considerable. Development application teams include a wide variety of
subject area experts to assist in gathering, analyizing, organizing, and submitting
applications. Federal, State, and local resources are abundant to help people find general
information on an area, however these data are not specific enough for individual site-level
development review. Information with development applications, like a wetland delineation
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requires preparation by a qualified professional, at the expense of the applicant and is
reviewed by the City’s professional staff and wetland consultant through the development
process. Publicly available general resources include:
▪ Bozeman GIS and Infrastructure Viewer [External Link]
▪ Bozeman Park Viewer Map [External Link]
▪ Google – aereal and street view [External Link]
▪ Google Earth Pro, if installed on your computer
▪ Gallatin Valley Sensitive Lands Protection Plan [External Link]
▪ Gallatin Valley Sensitive Lands Protection Plan Model Viewer [External Link]
▪ Gallatin County Environemental Health Map [External Link]
▪ Montana Department of Trasportation System Map [External Link]
▪ State Lands maps [External Link]
▪ Montana Cadastral [External Link]
▪ Sandborn Maps [External Link]
In order to develop land in the city, the property must be annexed if it is not already within
City Limits. Annexation is a discretionary act of the City Commission. The Commission has
established policies to evaluate if land is appropriate for annexation, see Resolution 2025-
007 [External PDF]. There are five general processes required before vertical construction.
These processes can happen over long time periods as each is independent of the others
but overall the sequence must occur in this order :
1. Annexation/initial zoning (if not within city limits)
2. Subdivision (if dividing property)
3. Plan Review
4. Infrastructure Review
5. Building Permit
Each stage of permitting increases the granularity of detail for review. Each stage is governed
by different state laws and municipal standards.
Annexation/initial zoning
Annexation is the process of expanding the city limits and by state law is focused on
provision of municipal services. The annexation process is mostly set by State law. There are
several annexation methods in state law, the City principally uses 7-2-46, MCA. The City
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must assign municipal zoning in conjunction with the annexation, therefore all annexation
include a zone map amendment (ZMA) and require submittal requirements for both
application types. Annexation focuses on the ability of the City and landowner to agree on
provision of municipal services, which is done through an annexation agreement.No
construction development rights are granted through the annnexation process, therefore,
the City is limited in what and how much information can be required prior to a decision on
an annexation application.
The City Commission establishes policy which sets municipal priorities by which annexation
applications are considered in addition to state law, see Resolution 2025-07 [External Link].
Submittal requirements are detailed in the Annexation Application Checklist [External Link]
Water bodies and known wetlands must be shown on the annexation materials. No site
specific wetlands delineation or analysis is required at his stage, as that is required at the
time of Site Plan or Subdivision process.
Concurrent with the annexation process, an applicant must request designation of a
zoning district for the site. The state has established various criteria for evaluating a zoning
request. Approval of a zoning district establishes the development standards that apply to
a property but does not authorize any construction. The state has prohibited municipalities
from applying conditions of approval to a zone map amendment.
Subdivision Review and Approval
Subdivision is the process to create parcels (lots) from existing land. The focus of
subdivision review is adequacy of infrastructure, adequacy of surveying, and identification,
and where justified mitigation, of impacts. Subdivision is the division of land that creates
one or more parcels containing less than 160 acres that cannot be described as a one-
quarter aliquot part of a United States government section, exclusive of public roadways.
Land is subdivided so that the title to or possession of the parcels may be sold or otherwise
conveyed. The term subdivision includes re-subdivision, as well as some condominium
projects. The process, noticing, and review criteria are heavily influenced by state law. In
general it is a three step process including:
Pre-Application
Preliminary Plat
Final Plat
Pre-Application
Pre-Application Submittal Requirements Checklist [External Link]. The purpose of a pre-
application review is to discuss Chapter 38 and other applicable standards, to familiarize
the developer with the standards, goals and objectives of applicable plans, regulations and
ordinances, and to discuss the proposed subdivision as it relates to these matters. Notable
requirements on the checklist related to this work session are as follows:
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5) Topographic features. Topographic features of the proposed subdivision and
adjacent subdivisions and tracts including embankments, watercourses, drainage
channels, areas of seasonal water ponding, areas within designated flood-way,
marsh areas, wetlands, rock outcrops, wooded areas, noxious weeds and areas of
active faults. Include copies of any
permits listed in section 38.710.020
(page 7-13) obtained for project;
6) Utilities. Existing and proposed
utilities located on and adjacent to
proposed subdivision: a) Location,
size, and depth of sanitary and storm
sewers, water mains, and gas lines; b)
Location of fire hydrants, electric
lines, telephone lines, sewage and
water treatment, and storage
facilities;
13) Parks and Recreation Facilities.
Information must be provided for all
land proposed to meet parkland
dedication requirements a) Park
concept plan; must include site plan
for entire property, zoning and
ownership for adjacent properties,
location of any critical lands, general
description of land, and description of
trails or other recreational features
proposed to connect the proposed
park area;
15) Wildlife. Describe key wildlife
habitat issues associated with
proposed subdivision, consideration
of fish and wildlife resources, and
early planning suggestions
(Designated species of concern,
potential impacts on wildlife and
wildlife habitat) from local FWP field
biologists;
17) Water Rights. Describe how
proposed subdivision intends to
satisfy section 38.410.110 (page 4-30)
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and provide documentation of all water rights appurtenant;
18) Agricultural water user facilities. Identify location of all agricultural water user
facilities and contact information for representative per 38.310.010.B (page 3-9).
19) List the proposed landscape water supply source, location, and ownership (e.g.
private or public) with a brief description of how this water will be used.
Preliminary Plat
Preliminary Plat Submittal Requirements [External Link]. Review times and process are
strictly regulated by the State. The primary outcome is establishing the survey document to
identify the lots to be created. As part of the application materials, detailed analysis of how
development standards have been or will be met is required and forms a key basis for a
decision on the application.
The City incorporates State required information. The complete list can be reviewed in
section 38.710.050 (page 7-19). Further the application set must include:
5) Pre-application information. All information required with the pre-application
plan, as outlined in section 38.710.040.A.1 (page 7-16);
(18) Landscape. Landscape preliminary plat requirements found in the Landscape
and Irrigation Performance and Design Standards Manual must be provided as
established in section 38.710.040.B.6 (page 7-19);
(19) Irrigation. Irrigation preliminary plat requirements found in the Landscape and
Irrigation Performance and Design Standards Manual information must be provided
as established in section 38.710.040.B.6 (page 7-19).
All preliminary plat applications must include documentation of compliance with adopted
standards. This documentation allows the Development Review Committee (DRC), the
professional staff, to evaluate whether or not the subdivision is designed in compliance with
adopted development standards, unless waived during pre-application process per
38.710.040.A.11 (page 7-18), all documentation of any waivers granted must be included.
Refer to section 38.710.050 (page 7-19) for a detailed list of required compliance
documentation. The DRC makes a recommendation to the decision maker on whether the
preliminary plat is compliant and any conditions or code provisions needing to be
addressed.
Final Plat
The final plat is the last step prior to the creation of lots than can be sold or developed. This
step ensures all State and local infrastructure and other requirements and conditions of
approval are met before any lots may be sold. Final Plat Submittal Requirements [External
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Link]. At the completion of this stage, the plat is recorded with the Gallatin County Clerk and
Recorder.
Plan Review and Approval
Plan review is the zoning process to review, and when standards are met, grant development
approval for certain applications. All non-subdivision development proposals, which are
outlined in the UDC, require plan review. Smaller plans for individual homes and similar
small scale projects are classed as Sketch Plans and have a much simpler review process
(generally a building permit) review.
The process of reviewing larger and more complex plans, identified as Site Plans, for
conformance with the Unifed Development Code (UDC) and Montana Code Annotated
(MCA) is a highly detailed process.
The Site Plan process, noticing, and review criteria are mostly established by the city. In
general it is a two step process including:
Concept Plan - Conceptual plan application [External Link].
Site Plan Review - Site Plan Checklist application [External Link].
Concept Plan
The concept plan is an early opportunity to identify site contraints, infrastructure limitations,
and critical path issues for a potential development. The application content is simpler than
a full application but focuses on the most important issues. Natural resources, including
water, wetlands, and agricultural water user facilities are subjects addressed at this initial
stage.
No right to construct comes from a concept plan. It is common that site design evolves
significantly due to the feedback from this initial step.
Site Plan
The Site Plan checklist is comprehensive with 116 line items that require substantial data
and analysis to show how the application meets or exceeds adopted standards and provide
city reviewers sufficient information to determine if the site plan meets code. The checklist
includes a number of natural resourse related items including landscaping, street treets,
stormwater, watercourses, agricultural water user facilities, and wetlands. Site plans can
occur in previously unbuilt areas or as redevelopment. Site plan as a process can apply to
any type of development including residential, commercial, industrial, and institutional.
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Examples:
Natural resource management is wide ranging and dispersed in the UDC. Below are recent
examples to show how the code standards are applied to the submittal requirements and
review process. All subdivision and site plan development applications are shown on the
city’s development map viewer [External Link].
Both subdivision or site plan review can be used to prepare a site for construction.
Subdivision review creates lots and only grants the ability to construct infrastructure needed
to support the future uses. The site plan process can achieve the same result although
without the ability to create individual lots.
1. Application 20113 - Northwest Crossing (NWX) (External Link to Project]. A subdivision
application requesting permission for the subdivision of 146.21 acres into fifteen (15)
developable lots zoned B-2M and REMU, fifteen (15) restricted development lots, city
park, easements, and associated right of way. The site is located at the northwest
intersection of Oak Street and Cottonwood Road. Restricted development lots are likely
to be further subdivided in the future.
Submitted documentation includes:
▪ Wetland report
▪ Watercourse designation determination from Conservation District
▪ Flood hazard analysis report
▪ Groundwater monitoring report
▪ Civil geotechnic report for roads and foundations
▪ Soils report
▪ Weed management plan
▪ Fish Wildlife and parks wildlife report
▪ Agricultural Water User Facility (ag ditch) correspondence
▪ Sewer report
▪ Water report
▪ Storm drainage report
▪ Traffic Impact Study Required
▪ Construction management plan
▪ Storm water maintenance plan
▪ Easements for sewer, irrigation, water, streets, trails, park, and more
▪ Watercourse designation determination from Conservation District
▪ Park Master Plan
▪ Wetland delineation
▪ More
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2. Application 21424 – Homestead at Buffalo Run Site Plan [External Link to Project].
Location: Southeast corner of Fowler Lane and Kurk Drive
Description: A site plan application for 237 homes in multi-household, rowhouse, and
two-household (duplex) configurations. Homes are to be constructed in 7 apartment
buildings containing 22-30 dwelling units each, 8 rowhouse buildings each containing 2-
5 units each, and 14 duplex buildings. Parking will be accommodated in shared lots and
private garages totaling 465 off-street spaces, and 89 on-street spaces.
Submitted documentation includes:
▪ Agricultural Water User Facility (ag ditch). Extensive correspondence between
Middle Creek Ditch Company and developer resulting in signed agreement for
management and operation of agricultural water user facility.
▪ Traffic Impact Study Required
▪ Construction management plan
▪ Civil geotechnical report for roads and foundations
▪ Snow storage report
▪ Storm drainage report
▪ Storm water maintenance plan
▪ Sewer report
▪ Water report
▪ Easements for sewer, irrigation, water, streets, trails, park, and more
▪ Watercourse designation determination from Conservation District
▪ Park Master Plan
▪ Weed management plan
▪ 404 permit submittal and approvals from Army Corps of Engineering
▪ Corrosivity Report for utilities
▪ Groundwater determination from MT Department of Natural Resources and
Conservation
▪ Erosion and sediment control plan
▪ Existing Site Features and topography map
▪ More
3. Application 23306 – Range 5 Site Plan [External Link to Project]. A site plan application to
construct 312 homes in multi-household apartment buildings in various sizes that range
from 12 attached to 36 attached units. Five phases are proposed that include
infrastructure improvements both on and off site.
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Submitted documentation includes:
▪ Traffic Impact Study Required
▪ Construction management plan
▪ Storm drainage report
▪ Storm water maintenance plan
▪ Sewer report
▪ Water report
▪ Easements for sewer, irrigation, water, streets, trails, park, and more
▪ Watercourse designation determination from Conservation District
▪ Park Master Plan
▪ Wetland delineation
▪ Weed management plan
▪ Wetland impact
▪ Photometric report
▪ More
Infrastructure Review and Approval
This step may follow either preliminary plat or site plan review. This review evaluates the
design of infrastructure, such as extended sewer mains. This very technical review is
managed by the City’s Transportation and Engineering Department. Details like the
placement and depth of manholes, slope of piping, and stormwater facility design are
finalized through this process and must comply with the Bozeman Design and Construction
Standards. No construction of infrastructure may begin until approval is issued.
Building Permit
Building permits apply the state adopted building code to individual building plans. Public
safety is foremost in this review and elements like earthquake resistance, fire resistance,
electrical connections, energy efficiency, and structural stability are part of the review. The
design of the building must be consistent with plans approved in site plan reviews and
zoning standards such as setbacks from property lines.
Public Suggested Amendments
The City has received over 800 written comments as well as verbal comments, survey
responses, and other feedback during the UDC update process. The City has received a
number of comments that include specific suggested amendments to the UDC. A portion of
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those suggested amendments related to natural resources. All comments can be reviewed
in the public comment folder for the UDC Update [External Link]. Not all comments with
code suggestions are listed here, but we have included those related to the subject of
natural resources and/or to which City Commission specifically asked staff to respond.
1) Bozeman Tree Coalition comment [External Link].
The Bozeman Tree Coalition submitted comprehensive suggested edits to regulate
trees in the city.
Staff comment. Trees on public lands (boulevards, parks, linear trails, certain open
spaces, municipal buildings, and more) are regulated in both the existing and
proposed Chapter 38 and include irrigation requirements to ensure efficient use of
water. The language suggested expands regulation to private trees on private
property. The proposed edits are beyond the scope of the UDC update. See page 6
above for staff’s recommended process, should the City Commission desire to
regulate trees on private property. The Bozeman Tree Coalition comments were
forwarded to the Forestry Division of the Parks Dept. for consideration. Trees are also
regulated in Chapter 16, Article 5 [External Link] of the municipal code. These
additional regulations establish maintenance, funding, specifications and
standards, a requirement for a master street tree plan, enforcement provisions, and
other subjects.
2) Gallatin Water Trust comment [External Link].
The Gallatin Water Trust submitted comments relating to revisions to the City’s water
adequacy methodologies for transferring water from a water right holder to the City.
The City’s current policy and process relating to water adequacy were mentioned
earlier in this memo. If the City Commission wants to provide different policy
direction to Utilities Department staff, they can do so as part of the Integrated Water
Resources Plan update project.
3) Gallatin Watershed Council [External Link]
There are two elements to this comment. General policy level items outside of the
UDC; and some specific edits to text. The suggestions include several elements that
exist in the code today such as identifying water features during the first stages of
development review which happen during concept plan (zoning) and preapplication
(subdivision). These are carrying forward into the proposed code. Additional
clarification and coordination in review processes are being made through the
Wetlands Ordinance project. This work is scheduled for Commission action on Sept
9th. The Development Review Committee comprised of the City’s professional staff
and when needed other agencies coordinates review of development projects. Staff
will provide additional response to GWC’s text suggestions during the August 11th and
19th work sessions with the Board and Commission.
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Staffing suggestions are outside the scope of the UDC project but can be addressed
separately in the City’s staffing plan and biennial budget processes. Creation of an
overlay district largely duplicates existing watercourse standards present in the
current and proposed UDC and has a mapping component that is not addressed.
Additionally, the Wetlands Ordinance project includes updates to the watercourse
standards. The complexity of the topic, should the Commission wish to pursue it,
needs a separate process for public engagement and development.
4) Gallatin Water Collaborative [External Link]
These comments focus on agricultural water user facilities (e.g. ditches). Many of the
substantive elements of these suggestions are being addressed with the wetlands
and watercourse code update separately underway. The City is actively working with
ditch owners/operators to establish standardized engineering design for common
interactions with agricultural water user facilities.
5) Forward MT and Better Bozeman Collaboration [External Link]
These comments identify several subjects but not natural resources, and were
discussed with the Community Development Board and City Commission in July
2025 work sessions. Staff will present additional information following up on this
topic (graduated square footage cap) at the August 19th City Commission work
session.
6) Architect’s Bozeman UDC Recommendations [External Link]
Suggestions to encourage housing. These comments identify several subjects but
not natural resources, and were discussed with the Community Development Board
and City Commission in July 2025 work sessions.
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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 Aug 18, 2025, Community Development Board
Meeting
MEETING DATE:August 11, 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 Aug 18, 2025,
Community Development Board meeting:
1. Application 25273 [external link], Parklands Amended Preliminary Plat.
Considered in the role as the Planning Board.
2. Application 23333 [external link], Bozeman Community Plan Technical
Compliance Update data presentation. Considered in the role as the
Planning Commission.
3. Application 23309 [external link], Wetlands and Watercourses text
amendment. Considered in the role of the Zoning Commission.
UNRESOLVED ISSUES:None.
ALTERNATIVES:None.
FISCAL EFFECTS:No budgeted funds are expended with this item.
Report compiled on: August 4, 2025
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