HomeMy WebLinkAbout08-19-25 City Commission Agenda and Packet MaterialsA. Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse
B. Pledge of Allegiance and a Moment of Silence or Mindfulness
C. Changes to the Agenda
D. FYI
E. Commission Disclosures
F. Consent
F.1 Accounts Payable Claims Review and Approval (Edwards)
F.2 Authorize the City Manager to Sign a Percent for Art Agreement with Jennifer Alden for Our
Town Sculptural Installation and Related Contract Documents for the City Hall Renovation
Project(Ziegler)
THE CITY COMMISSION OF BOZEMAN, MONTANA
REGULAR MEETING AGENDA
Tuesday, August 19, 2025
How to Participate:
If you are interested in commenting in writing on items on the agenda please send an email to
comments@bozeman.net or visit the Public Comment Page prior to 12:00 p.m. on the day of the
meeting. At the direction of the City Commission, anonymous public comments are not distributed to
the City Commission or staff.
Public comments will also be accepted in-person and through video conference during the appropriate
agenda items but you may only comment once per item.
As always, the meeting will be recorded and streamed through the Commission's video page and
available in the City on cable channel 190.
For more information please contact the City Clerks' Office at 406.582.2320.
This meeting will be held both in-person and also using an online video conferencing system. You
can join this meeting:
Via Video Conference:
Click the Register link, enter the required information, and click submit.
Click Join Now to enter the meeting.
Via Phone: This is for listening only if you cannot watch the stream, channel 190, or attend in-
person
United States Toll
+1 669 900 9128
Access code: 933 7244 1920
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F.3 Resolution Authorizing the City Manager to Sign Change Order Number One with Field Turf,
USA Inc. for Bozeman Sports Park Field 7 Construction(Jadin)
F.4 Resolution for the Intent to Create a Special Improvement Lighting District 793 for Meadow
Bridge Subdivision(Hodnett)
G. Public Comment on Non-agenda Items Falling Within the Purview and Jurisdiction of the
Commission
H. Special Presentation
H.1 69th Montana Legislative Session Recap(DiTommaso )
I. Work Session
I.1 Discussion of Unified Development Code Update Focusing on Natural Resources and
Direction to Staff, Application 21381(Saunders/George)
I.2 Follow-up Discussion of Unified Development Code Update on Zoning Districts and Uses and
Mass and Scale and Direction to Staff, Application 21381(Saunders/George)
J. FYI / Discussion
K. Adjournment
This is the time to comment on any matter falling within the scope of the Bozeman City
Commission. 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 City Commission
cannot take action on any item which does not appear on the agenda. All persons addressing the
City Commission 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.
Written comments can be located in the Public Comment Repository.
Discuss and determine direction on issues relating to natural resources.
Discuss and determine direction on issues relating to zoning districts and uses allowed within districts
and mass and scale
City Commission 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.
Commission meetings are televised live on cable channel 190 and streamed live on our Meeting
Videos Page.
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Memorandum
REPORT TO:City Commission
FROM:Nicole Armstrong, Accounts Payable Clerk
Rhonda Edwards, Accounts Payable Clerk
Aaron Funk, City Controller
Melissa Hodnett, Finance Director
SUBJECT:Accounts Payable Claims Review and Approval
MEETING DATE:August 19, 2025
AGENDA ITEM TYPE:Finance
RECOMMENDATION:The City Commission is recommended to make a motion and approve
payment of claims as presented.
STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable
sources of funding for appropriate City services, and deliver them in a lean
and efficient manner.
BACKGROUND:Montana Code Annotated, Section 7-6-4301 requires claims to be presented
to the City Commission within one year of the date the claims accrued.
Claims presented to the City Commission under this item have been
reviewed and validated by the Finance Department. The Department has
ensured that all goods and services have been received along with necessary
authorizations and supporting documentation. Please provide approval for
checks dated August 20, 2025.
UNRESOLVED ISSUES:None
ALTERNATIVES:The City Commission could decide not to approve these claims or a portion
of the claims presented. This alternative is not recommended as it may
result in unbudgeted late fees assessed against the City.
FISCAL EFFECTS:The total amount of the claims to be paid is presented at the bottom of the
Expenditure Approval List posted on the City’s website at
https://www.bozeman.net/departments/finance/purchasing.
Report compiled on: August 21, 2024
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Memorandum
REPORT TO:City Commission
FROM:Jon Henderson - Assistant City Manager
David Arnado - Facilities Superintendent
Max Ziegler - Facilities Assistant Superintendent
SUBJECT:Authorize the City Manager to Sign a Percent for Art Agreement with
Jennifer Alden for Our Town Sculptural Installation and Related Contract
Documents for the City Hall Renovation Project
MEETING DATE:August 19, 2025
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign a Percent for Art Agreement with
Jennifer Alden for Our Town Sculptural Installation and Related Contract
Documents for City Hall Renovation Project
STRATEGIC PLAN:5.2 Support for Public Art: Encourage and support partnerships for public art
and other arts and cultural initiatives in the city.
BACKGROUND:On November 10, 2020, the Bozeman City Commission adopted Ordinance
2056, Establishing a Percent for Art Program. Under this program, any
construction project with over $500,000 in construction costs shall spend 1%
of the construction budget on the purchase and installation of public works
of art. Infrastructure projects such as roads and sewers are exempt under
this ordinance.
On January 22, 2025, the City entered a Construction Agreement with
Jackson Contractor Group for General Contracting Services for the Bozeman
City Hall Renovation Project, GF370, for a value of $1,555,700. In accordance
with Ordinance 2056, one percent of the value of that contract was
budgeted for the purchase of public art.
To implement projects under the Percent for Art Program, the Bozeman
Facilities Department contracts with several Art Consultants to provide
advisory and design services, assist in procurement of artwork or
commissioning of artwork, and support the commissioning of new artworks.
For this project, the City worked with a local art consultant, ECHO Arts, to
identify locations for artwork in the renovated spaces of City Hall and solicit
proposals from artists local to Bozeman. ECHO Arts met with the project
architects, and a committee of representatives from each department of City
Hall to determine the goals and desired outcomes of this project. ECHO Arts
then worked with local artists to present 8 potential works of art to
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consider. After reviewing with the art selection committee for this project,
the committee unanimously selected works of art from two artists. The
selected work of art in this Percent for Art Agreement is a sculptural
installation by the artist Jennifer Alden, titled "Our Town". The artwork will
be created from recycled paper clay and features house shaped objects
finished to resemble the natural materials found in our region. This work of
art is intended to blend the structure of the built world with the fragility and
resilience of the natural world.
"Our Town" is to be installed in the City Hall Atrium on an existing wood
panel. The artwork will be viewable from multiple angles as people traverse
the main stairs and atrium landing, providing an interactive experience. The
artwork is to be commissioned and installed following the completion of the
City Hall Renovation Phase 2 construction.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As directed by the City Commission.
FISCAL EFFECTS:This contract will incur a fixed cost of $5,000 to be paid from the City Hall
Renovation capital project budget as required by Ordinance 2056.
Attachments:
Percent_for_Art_Agreement_-_City_Hall_-_Jennifer_Alden_-
_Our_Town.pdf
Report compiled on: July 18, 2025
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CITY OF BOZEMAN PERCENT FOR ART AGREEMENT
THIS AGREEMENT is made and entered into this ____ day of __________, 20__ by and
between the City of Bozeman, Montana, a self-governing municipal corporation operating
pursuant to its Charter and the laws of the State of Montana, located at 121 N. Rouse Ave.,
Bozeman, MT 59771 (“City”), and Jennifer Alden, located at 150 Village Crossing Way Unit 1F,
Bozeman, MT 59715 (“Artist”). The City and Artist may be collectively referred to as the
“Parties” in this Agreement.
In consideration of the mutual covenants and agreements herein contained, the receipt
and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1.Purpose: This contract is agreed to pursuant to the terms outlined in Bozeman City
Ordinance 2056, which established the “Percent for Art Program” in the City. City agrees
to enter into this agreement with Artist to install a public art exhibit (“Artwork”), titled
“Our Town”, located at Bozeman City Hall, 121, N Rouse Ave, Bozeman, MT 59715, a
City owned property. Such art exhibit is described in the Scope of Services attached hereto
as Exhibit A and by this reference made a part hereof.
2.Scope of Services: Artist will perform the work and provide the services in accordance
with the requirements of the Scope of Services. For conflicts between this Agreement and
the Scope of Services, unless specifically provided otherwise, this Agreement governs.
Artwork will be specifically chosen for each project based on selection criteria developed
by the City Manager or their designee, working with City staff to analyze and select
appropriate locations and form.
3.Payment: City agrees to pay Artist $5,000, as set forth in the Scope of Services, for the
production and installation of the Artwork. All proprietary rights in and to the Artwork will
be transferred to the City upon Artist’s installation of the Artwork, and City’s acceptance of
such installation.
4.Artist Representations
a.Artist represents and warrants that:
i.The Artwork is an original Artwork by the Artist;
ii.The Artist is the legal owner of the Artwork;
iii.The Artwork does not infringe on any existing copyright;
iv.The Artist has not entered into any other assignments, transfers, licenses,
contracts, or mutual understandings that conflict with the terms and
obligations of this Agreement; and
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v. There are no copyright infringement claims currently pending or
threatened, nor does the Artist have any reason to believe that any
copyright claims will be brought or threatened in the future.
b. Artist has familiarized itself with the nature and extent of this Agreement,
Ordinance 2056 and with all other local conditions and federal, state and local
laws, ordinances, rules, and regulations that in any manner may affect Artist’s
performance under this Agreement.
c. Artist represents and warrants to City that it has the experience and ability to
perform its obligations under this Agreement; that it will perform said obligations
in a professional, competent and timely manner and with diligence and skill; that
it has the power to enter into and perform this Agreement and grant the rights
granted in it; and that its performance of this Agreement shall not infringe upon or
violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or
violate any federal, state and municipal laws. The City will not determine or
exercise control as to general procedures or formats necessary for Artist to meet
this warranty.
5. Permits and Compliance with Laws. Artist will obtain, in a timely manner, all required
permits, licenses and approvals, and will meet all requirements of all local, state and
federal laws, rules and regulations which must be obtained or met in connection with the
Artwork.
6. Title of Ownership. The City shall be the legal owner of the Artwork. Artist agrees to transfer title of ownership of the Artwork to the City upon the completion of its
installation, and City’s acceptance of such installation. Artist warrants that it has the legal
right to transfer the legal title of ownership to the City. See attached Exhibit B, Transfer
and Assignment of Copyright for Public Artwork. Once the Transfer of Copyright for Public Artwork is completed and fully executed, the City will become copyright owner and take title in and to the Project, and any and all
drawings, sketches, models, and any other documents or materials created by the Artist in furtherance of the Project. The Artist agrees to deliver to the City all such materials within five (5) working days of title transfer. The Artist assigns an irrevocable license to the City to make reproductions of the Project for any municipal or public purpose, including but not limited to any publicity, as set forth in Paragraph 9, which the City
deems appropriate. The City agrees it will not reproduce the Project for another location other than as described in this Agreement or for commercial purposes.
In addition, as required by the U.S. Copyright Act, Artist agrees to sign a 1990 Visual
Artists’ Rights Act Waiver (“Waiver”), attached as Exhibit C. Artist acknowledges that
by signing the Waiver, Artist is agreeing to voluntarily waive all rights to attribution and
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integrity with respect to the Project, and any and all claims that may arise under the
Visual Artists Rights Act of 1990 (“VARA”), 17 U.S.C. §§ 106(A) and 113(d) or any
other local, state, or federal law that conveys the same or similar “moral rights,” as
defined by VARA, with respect to the Project.
7. Installation of the Artwork. Artist, in consultation with the City, will arrange for the
preparation and installation of the Artwork on or before April 1, 2026. Once installed, the City may repair, remove, or un-install the Artwork at any time.
8. Maintenance, Repairs, and Alterations. The City recognizes that maintenance of the
Artwork may be necessary. Upon transfer of the title, the City retains full discretion and
responsibility to maintain and protect the Artwork. In particular, the City has an interest
in ensuring public safety and the structural safety of the space surrounding the Artwork.
The City retains the sole right to determine whether, when, and to what extent any repairs
to the Artwork will occur. The City is not obligated to provide the Artist notice before
undertaking any repairs or modifications to the Artwork. However, the City shall
endeavor to notify the Artist of any proposed alteration of the Artwork. Artist is
responsible for maintaining a current contact person and contact information to receive
such notice. The City is under no obligation to provide notice to the Artist if the Artist
fails to maintain such contact information with the City.
Artist agrees to indemnify, defend, and hold harmless, as further described in Section 14
of this Agreement, the City against any and all liability, damage, loss, or expense,
including reasonable attorneys’ fees and expenses of litigation, incurred by the City.
Artist understands that by transferring title to the City and waiving its rights under
VARA, the City may alter the Project without any liability under local, state, or federal
law, including the Visual Artists Rights Act.
Should the City determine that the decommissioning of the Artwork is necessary, Artist
shall have a right of first offer to negotiate with the City to reclaim physical possession of
the Artwork.
9. Publicity. The Artist will coordinate with the City on publicity of the Artwork. Publicity
includes, but is not limited to, any interviews, flyers, brochures, mailings, advertisement,
emails social media posts, blog posts, or verbal communications of any type, either live
or pre-recorded.
10. Independent Artist Status. The Parties agree that Artist, its agents, employees, Artists,
or subcontractors, are independent Artists for purposes of this Agreement and are not to
be considered employees or agents of the City for any purpose. Artist and its agents,
employees, Artists, or subcontractors, are not subject to the terms and provisions of the
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City’s personnel policies handbook and may not be considered a City employee for
workers’ compensation or any other purpose. Artist, its agents, employees, Artists, or
subcontractors, are not authorized to represent the City or otherwise bind the City in any
way.
11.Default and Termination. If Artist fails to comply with any condition of this
Agreement at the time or in the manner provided for, the City may terminate this
Agreement if the default is not cured within fifteen (15) days after written notice is
provided to Artist. The notice will set forth the items to be cured.
12.Limitation on Artist’s Damages; Time for Asserting Claim.
a.In the event of a claim for damages by Artist under this Agreement, Artist’s
damages shall be limited to contract damages and Artist hereby expressly waives
any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or
lost profits damages of any nature or kind.
b.In the event Artist wants to assert a claim for damages of any kind or nature,
Artist must first provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of
damages sought by the claim, within ninety (90) days of the facts and
circumstances giving rise to the claim. In the event Artist fails to provide such
notice, Artist shall waive all rights to assert such claim.
13.Representatives and Notices.
a.City’s Representative. The City’s Representatives for the purpose of this
Agreement shall be Max Ziegler, Facilities Assistant Superintendent, or such
other individual as City may designate in writing. Whenever approval or
authorization from or communication or submission to City is required by this
Agreement, such communication or submission must be directed to the City’s
Representatives and approvals or authorizations will be issued only by such
Representatives; provided, however, that in exigent circumstances when City’s
Representatives are not available, Artist may direct its communication or
submission to other designated City personnel or agents and may receive
approvals or authorization from such persons.
b.Artist’s Representative. Artist’s Representative for the purpose of this
Agreement shall be Jennifer Alden, or such other individual as Artist designates
in writing. Whenever direction to or communication with Artist is required by
this Agreement, such direction or communication must be directed to Artist’s
Representative; provided, however, that in exigent circumstances when Artist’s
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Representative is not available, City may direct its direction or communication to
other designated Artist personnel or agents.
14. Indemnity. For other than professional services rendered, to the fullest extent permitted
by law, Artist agrees to release, defend, indemnify, and hold harmless the City, its agents,
representatives, employees, and officers (collectively referred to for purposes of this
Section as the City) from and against any and all claims, demands, actions, fees and costs
(including attorney’s fees and the costs and fees of expert witness and consultants),
losses, expenses, liabilities (including liability where activity is inherently or intrinsically
dangerous) or damages of whatever kind or nature connected therewith and without limit
and without regard to the cause or causes thereof or the negligence of any party or parties
that may be asserted against, recovered from or suffered by the City occasioned by,
growing or arising out of or resulting from or in any way related to: (i) the negligent,
reckless, or intentional misconduct of Artist; or (ii) any negligent, reckless, or intentional
misconduct of any of Artist’s agents.
For the professional services rendered, to the fullest extent permitted by law, Artist
agrees to indemnify and hold the City harmless against claims, demands, suits, damages,
losses, and expenses, including reasonable defense attorney fees, to the extent caused by
the negligence or intentional misconduct of Artist or Artist’s agents or employees.
For any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes and for any claims regarding underpaid prevailing wages ,
Artist must indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or
occurring.
Artist’s obligations in this Section must not be construed to negate, abridge, or reduce
other rights or obligations of indemnity that would otherwise exist. The indemnification
obligations of this Section must not be construed to negate, abridge, or reduce any
common-law or statutory rights of the City as indemnitee(s) which would otherwise exist
as to such indemnitee(s).
Artist’s indemnity under this Section must be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against Artist to assert its right to defense
or indemnification under this Agreement or under Artist’s applicable insurance policies
required below, the City must be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of
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competent jurisdiction determines Artist was obligated to defend the claim(s) or was
obligated to indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance
under this Agreement, the City may elect to represent itself and incur all costs and
expenses of suit.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
15. Insurance. In addition to and independent from Artist’s indemnity obligations under
Section 14 of this Agreement, Artist must, at Artist’s expense, secure insurance coverage
through an insurance company or companies duly licensed and authorized to conduct
insurance business in Montana which insures the liabilities and obligations specifically
assumed by Artist in this Section. The insurance coverage must not contain any exclusion
for liabilities specifically assumed by Artist in Section 14 of this Agreement.
The insurance must be occurrence-based, and cover and apply to all claims, demands,
suits, damages, losses, and expenses that may be asserted or claimed against, recovered
from, or suffered by City without limit and without regard to the cause. Artist must
furnish to City an accompanying certificate of insurance and accompanying
endorsements in amounts not less than as follows:
• Commercial General Liability - $1,000,000 per claim; $2,000,000 per
occurrence;
• Automobile Liability - $1,000,000 per property damage claim and
$1,000,000 per bodily injury claim; $2,000,000 per accident ; and
• Professional Liability - $1,000,000 per claim; $2,000,000 per occurrence.
The above amounts shall be exclusive of defense costs. City must be endorsed as an
additional or named insured on a primary non-contributory basis on the Commercial
General, Employer’s Liability, and Automobile Liability policies. The insurance and
required endorsements must be approved by City and must include no less than a thirty
(30) day notice of cancellation or non-renewal. Artist must notify City within two (2)
business days of Artist’s receipt of notice that any required insurance coverage will be
terminated or Artist’s decision to terminate any required insurance coverage for any
reason.
City must approve all insurance coverage and endorsements prior to Artist commencing
work. Alternative: Artist must provide City a certificate of insurance prior to
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commencing work. City must approve the limits shown on the certificate prior to
commencing work. City’s approval of the limits does not relieve Artist of Artist’s
obligation to ensure the insurance meets the requirements.
16. Waiver of Claims. Artist also waives any and all claims and recourse against City,
including the right of contribution for loss or damage to person or property arising from,
growing out of, or in any way connected with or incident to the performance of this
Agreement except “responsibility for [City’s] own fraud, for willful injury to the person
or property of another, or for violation of law, whether willful or negligent” as per 28-2-
702, MCA.
17. Termination for Artist’s Fault.
a. If Artist refuses or fails to timely do the work, or any part thereof, or fails to
perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, City may, by written notice, terminate this Agreement and
Artist’s right to proceed with all or any part of the work (“Termination Notice Due to
Artist’s Fault”). City may then take over the work and complete it, either with its own
resources or by re-letting the contract to any other third party.
b. In the event of a termination pursuant to this Section 17, Artist must be entitled to
payment only for those services Artist actually rendered.
c. Any termination provided for by this Section 17 shall be in addition to any other
remedies to which City may be entitled under the law or at equity.
d. In the event of termination under this Section 17 of this Agreement, Artist must,
under no circumstances, be entitled to claim or recover consequential, special, punitive,
lost business opportunity, lost productivity, field office overhead, general conditions
costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result
of the termination.
18. Termination for City’s Convenience.
a. Should conditions arise which, in the sole opinion and discretion of City, make it
advisable to City to cease performance under this Agreement, City may terminate this
Agreement by written notice to Artist (“Notice of Termination for City’s Convenience”).
The termination must be effective in the manner specified in the Notice of Termination
for City’s Convenience and shall be without prejudice to any claims that City may
otherwise have against Artist.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, Artist must immediately cease performance under this
Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and must immediately cancel all
existing orders or contracts upon terms satisfactory to City. Artist must do only such
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work as may be necessary to preserve, protect, and maintain work already completed or
immediately in progress.
c. In the event of a termination pursuant to this Section 18, Artist is entitled to
payment only for those services Artist actually rendered on or before the receipt of the
Notice of Termination for City’s Convenience.
d. The compensation described in Section 3 is the sole compensation due to Artist
for its performance of this Agreement. Artist must, under no circumstances, be entitled
to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of
any nature arising, or claimed to have arisen, as a result of the termination.
19. Attorney’s Fees and Costs. In the event it becomes necessary for a party to this
Agreement to retain an attorney to enforce any of the terms or conditions of this
Agreement or to give any notice required herein, then the prevailing party shall be
entitled to reasonable attorney’s fees and costs, including fees, salary, and costs of in-
house counsel to include City Attorney.
20. Taxes. Artist is obligated to pay all taxes of any kind or nature and make all appropriate
employee withholdings.
21. Dispute Resolution
a. Any claim, controversy, or dispute between the parties, their agents, employees,
or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements.
Upon mutual agreement of the parties, the parties may invite an independent,
disinterested mediator to assist in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court
of competent jurisdiction in compliance with the Applicable Law provisions of
this Agreement.
22. Survival. Artist’s indemnification shall survive the termination or expiration of this
Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are not to
be construed as a part of the Agreement or as a limitation on the scope of the particular
paragraphs to which they refer.
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24. Severability. If any portion of this Agreement is held to be void or unenforceable, all other
provisions of this Agreement shall remain in effect.
25. Applicable Law. The Parties agree that this Agreement is governed by the laws of the
State of Montana.
26. Binding Effect. This Agreement is binding upon and inures to the benefit of the heirs, legal
representatives, successors, and assigns of the Parties.
27. No Third Party Beneficiary. The terms and provisions of this Agreement are intended
solely for the benefit of each party and their respective successors and assigns. It is not
the parties’ intent to confer third party beneficiary rights upon any other person or entity.
28. Counterparts. This Agreement may be executed in counterparts, which together constitute
this Agreement.
29. Integration: This Agreement and all Exhibits attached hereto constitute the entire
Agreement of the parties. Covenants or representations not contained herein or made a
part thereof by reference, are not binding upon the parties. There are no understandings
between the parties other than as set forth in this Agreement. All communications, either
oral or written, made prior to the date of this Agreement are hereby abrogated and
withdrawn unless specifically made a part of this Agreement by reference.
30. Non-Waiver. A waiver by either Party of any default or breach by the other Party of any
terms or conditions of this Agreement does not limit the other Party’s right to enforce
such term or conditions or to pursue any available legal or equitable rights in the event of
any subsequent default or breach.
31. Consent to Electronic Signatures: The Parties have consented to execute this Agreement
electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
32. Extensions: This Agreement may, upon mutual agreement, be extended for a period of up
to one year at a time by written agreement of the Parties. In no case, however, may this
Agreement run longer than five (5) years from the effective date of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year
indicated below.
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_______________________ Date: _____________
Chuck Winn, City Manager City of Bozeman
_______________________ Date: _____________
Jennifer Alden, Artist
Approved as to form:
_______________________ Date: _____________
Greg Sullivan, City Attorney City of Bozeman
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EXHIBIT A
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Bespoke “Our Town” sculpture installation
Prepared: August 10, 2025
Client: Max Ziegler | City of Bozeman (City Hall)
Thank you for considering Jennifer Alden Design for your project.
This proposal defines the scope, deliverables, timing and costs for your project, as well
as the milestones and deadlines for approvals and payments.
Please read the estimate in full and contact us at jen@jenniferaldendesign.com, if you
have any questions.
I’m so excited to create a bespoke wall sculpture for our community!
Jen Alden
jen@jenniferaldendesign.com
150 village crossing way unit 1f . bozeman, mt . cell 562.216.3905 . jen@jenniferaldendesign.com
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August 10, 2025
design proposal/contract
project name
Our Town wall installation
project description
Create an original, site specific Our Town wall installation for the Bozeman City Hall stairwell.
Entire useable space is 22’l x 7’h. Each panel is 24”l x 7’h. Sizes vary. Dwelling shape, quantity
and layout tbd. Finish and hanging mechanism tbd. (Concept drawing submitted in separate
deck several months ago.)
scope & schedule
There are three phases with associated target dates leading to project completion:
Phase 1 :: Contract(s) signed and deposit received
August 12, 2025
-Contracts signed and deposit received before sampling commences jad & city
Phase 2 :: Design and Layout
TBD
-Create computer layout for scale, proposed layout, and quantity jad
-Create samples and hanging solutions for approval jad
-Create individual “Town” pieces from approved sample(s) in correct scale jad
-Create layout on template in studio jad
-Layout approval in studio city
-Make template and pack for transport jad
client
Max Ziegler | City of Bozeman
Project: City Hall - Our Town
121 N. Rouse Ave.
Bozeman, MT 59715
406.582.2439
wziegler@bozeman.net
agency
Jen Alden
Jennifer Alden Design
150 Village Crossing Way Unit 1F
Bozeman, MT (USA) 59715
562.216.3905 cell
jen@jenniferaldendesign.com
150 village crossing way unit 1f . bozeman, mt . cell 562.216.3905 . jen@jenniferaldendesign.com
18
Phase 3 :: Installation
By April 1, 2026 - exact date of installation dependent on approvals during Phase 2
-Scaffolding supplied by Bozeman City Hall city
-On-site installation (one day, possibly two day installation expected, but TBD) jad
fee & payments
Installation total including: design, fabrication, installation is: $5,000
Payment: 50% deposit to be paid to start Phase 1, 30% due after Phase 2 layout/template approval, and
the outstanding balance (20%) to be paid upon completion of project.
approval
The signatures below express agreement by both the client and Jennifer Alden Design to move forward with this project
as described in the proposal. Client has reviewed and accepts terms and conditions. Please email back your approval for
start of Phase 1.
Terms & conditions
Note: City of Bozeman signed contract overrides any discrepancy in below terms and conditions.
1.ENGAGEMENT You, the client, Bozeman City Hall (CITY), are hiring us, Jennifer Alden Design (JAD) to concept, create and install a
bespoke installation for Bozeman City Hall. You agree that: 1) you have the power and ability to enter into this
Contract on behalf of your company or organization and 2) further agree that we are not responsible for providing
any services not stated in this Contract.
2.PAYMENT
An invoice will be presented at Phase 1 of the project, after completion of Phase 2, and Phase 3, project completion.
All invoices are payable upon receipt. A 1.5% monthly service charge is payable on all overdue balances.
3.DEFAULT IN PAYMENT
The Client shall assume responsibility for all collection of legal fees necessitated by default in payment.
4.PROJECT CANCELLATION The Client may terminate the project at any time and for any reason. A termination fee in the full amount of the
current phase of the project (including all expenses associated with that phase) in addition to all expenses incurred
on remaining phases (deposits, etc.) will be billed. JAD may terminate the project as well. In the event of
cancellation of this assignment, ownership of all designs shall be retained by JAD.
Jen Alden (Jennifer Alden Design)
Jennifer Alden Date:
Max Ziegler (Bozeman City Hall)
Max Ziegler Date:
150 village crossing way unit 1f . bozeman, mt . cell 562.216.3905 . jen@jenniferaldendesign.com
19
5.CONFIDENTIAL INFORMATION
JAD acknowledges and agrees that sensitive business information, as specified by the Client, which are supplied by
the Client to JAD or developed by JAD in the course of developing the Design is to be considered confidential
information. Information shall not be considered confidential if it is already publicly known through no act of JAD.
6.OWNERSHIP OF DESIGN
See City of Bozeman contract.
7.CONTRACT DEADLINE
This Contract and any revisions made to the Contract before Client sign-off can be accepted up to 30 days after the
date of preparation. After 30 days, the offer is considered closed and a new Contract will need to be drafted.
8.CHANGES TO ESTIMATE
Projects often change underway, and we want you to have the flexibility to alter the direction of your project as yousee fit. That said, any request for additional services or any change in scope after the Contract is signed will need tobe approved in a change order defining a new estimate and timeline and paid in full in advance of the work.Significant changes in services and/or deliverables will require a new Contract.
9.POINT OF CONTACT
You agree to provide us with a single point of contact for all communication and approvals. If the project involves
decision by committee, we still need a single point of contact between us and any decision makers for the purpose
of clarity and expediency.
10.MEETINGS
Meetings are scheduled once for each of the following phases: [a] design and materials presentation, [b] design and
materials progress via email, [c] final in studio approvals. Additional meetings may be scheduled as necessary.
Meetings include design presentations; the reporting of tasks completed, problems encountered, and/or recommend
changes relating to the development and design materials. JAD shall inform the Client promptly upon discovery of
any event or problem that may delay the development of the work significantly.
11.FEEDBACK AND APPROVALS
Timely feedback and approvals by Bozeman City Hall are necessary for us to meet agreed-to estimates and
deadlines. Lack of feedback and approval by the deadlines listed in this Contract will result in project installation
delays.
12. ACCEPTANCE OF TERMS
The signature of both parties shall evidence acceptance of these terms.
13. ELECTRONIC SIGNATURE
This Contract may be signed and transmitted electronically through e-mail with all conditions of the Contract
binding.
150 village crossing way unit 1f . bozeman, mt . cell 562.216.3905 . jen@jenniferaldendesign.com
20
13STAIRWELL NORTHJENNIFER ALDEN BOZEMAN, MT 28572:1_5(&/$Ζ0('3$3(5&/$<_-HQQLIHU$OGHQFUHDWHVFHUDPLFVFXOSWXUHVWKDWUHȵHFWKHUGHHSUHYHUHQFHIRUQDWXUHDQGHFRORJ\ΖQVSLUHGE\0RQWDQDȇVQDWLYHȵRUDKHUZRUNEOHQGVGHOLFDF\ZLWKVWUXFWXUHȃHYRNLQJboth the fragility and resilience of the natural world. Her Our Town installation is an ode to Bozeman, past and present, celebrating everyday life and community connection. Made from UHFODLPHGVKLSSLQJFDUWRQVWUDQVIRUPHGLQWRSDSHUFOD\HDFKIRUPDQGȴQLVKUHȵHFWVWKHdiversity woven into our shared home.21
Ex. B: Transfer and Assignment - Page 1 of 4 -
EXHIBIT B: TRANSFER AND ASSIGNMENT OF COPYRIGHT
1.Parties. This Transfer and Assignment of Copyright (“Assignment”) made this__________ (“Effective Date”) is by and between:
Artist/Assignor. Jennifer Alden, with a mailing address of 150 Village Crossing Way, Unit 1F
Bozeman, MT 59715 (“Artist/Assignor”), and
The City/Assignee. City of Bozeman, with a mailing address of 121 N. Rouse Ave., Bozeman, MT 59771 (“the City/Assignee”).
The Artist/Assignor and the City/Assignee are each referred to herein as a “Party” and collectively as the “Parties.”
2.Transfer and Assignment of Authored Projects. The Artist/Assignor, throughthis Assignment, transfers and assigns to the City/Assignee all of the
Artist/Assignor’s interest in:
a.The following registered copyrighted Project (“Project”):
i.Copyright #1
•Author Name: Jennifer Alden
•Title of Project: Our Town
b. All the usual rights granted to the owner of a copyright under federal law,
including but not limited to the right to reproduce, publish, adapt, modify,distribute, create derivative Projects on, display, publicize, and transmiteach Project;c.The right to register, as well as applications for registrations of each
Project, with the U.S. Copyright Office, including any and all renewals
and extensions;d. The income, royalties, and damages due to the Artist/Assignor in regardsto each Project, including damages for past or future infringements andmisappropriations for each Project;
e.The right to sue for past, present, and future infringements and
misappropriations for each Project.
3.Assignment Purchase. The Artist/Assignee agrees to award the City/Assignor$5,000 (Five Thousand dollars) for the above granted rights described in section
2.Payment will occur as set forth in the Percent for Art Agreement, section 3
(dated 2025).
4.Further Use of Project. This Assignment is exclusive. Unless otherwisespecified in the Percent for Art Agreement or its corresponding exhibits, once the
effective date has passed, the Artist/Assignor may not make any further use of the
Project or derivatives without written, authorized consent from the City/Assigneeand further may not challenge the City/Assignee’s use or ownership of the Projector the validity of the Project.
22
Ex. B: Transfer and Assignment - Page 2 of 4 -
5.Authorship. In relation to authorship rights, following the effective date of this
Agreement, the Artist/Assignor maintains the right to be identified as the rightfulauthor of the Project whenever the Project are reproduced, published, or otherwisepublicly displayed. The authorship rights conferred in this section must be read inconjunction with Exhibit C: Waiver of Proprietary Rights.
6. Warranty. Artist/Assignor warrants and represents that:a.the Project is an original Project of authorship;
b. the Artist/Assignor is the legal owner of the Project;
c.the Project does not infringe on any existing copyright;
d.Artist/Assignor has not entered into any other assignments, transfers,
licenses, contracts, or mutual understandings in conflict with the terms and
obligations of the Percent for Art Agreement;
e.There are no claims currently pending or threatened, nor does
Artist/Assignor have any reason to believe that any claims will be brought
or threatened in the future against Artist/Assignor’s right, ownership, or
interest in the Project.
7.Documentation. The Artist/Assignor will provide all documentation relating to
the Project for the City/Assignee’s record-keeping needs, assertion of rights, or
for any other use. They will likewise sign any additional agreements or completeany other lawful action reasonably necessary for a successful filing of theassignment with the United States government.
8. Integration and Modification. This document contains the entire agreement
between the parties and no statements, promises or inducements made by either
party or agents of either party not contained in this written Agreement may be
considered valid or binding. This Agreement may not be modified except by
written agreement signed by both parties.
9.Dispute Resolution
a.Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation
between senior-level personnel from each party duly authorized to execute
settlement agreements. Upon mutual agreement of the parties, the parties
may invite an independent, disinterested mediator to assist in the
negotiated settlement discussions.
b.If the parties are unable to resolve the dispute within thirty (30) days from
the date the dispute was first raised, then such dispute may only be
resolved in a court of competent jurisdiction in compliance with the
Applicable Law provisions of this Agreement.
10. No Third Party Beneficiary. The terms and provisions of this Assignment are
intended solely for the benefit of each Party and their respective successors and
23
Ex. B: Transfer and Assignment - Page 3 of 4 -
assigns. It is not the Parties’ intent to confer third party beneficiary rights upon
any other person or entity.
11.Choice of Law. This Assignment shall be governed and construed in accordance
with the laws of the State of Montana without regard to conflict of law provisions.
The Parties agree to submit to the personal and exclusive jurisdiction of the courts
located within Gallatin County, Montana.
12.Non-Waiver. A waiver by either Party of any default or breach by the other
Party of any terms or conditions of this Assignment does not limit the other
Party’s right to enforce such term or conditions or to pursue any available legal or
equitable rights in the event of any subsequent default or breach.
13.Severability. If any portion of this Assignment is held to be void or
unenforceable, the balance of the Assignment shall continue in effect.
14.Counterparts. This Assignment may be executed in counterparts, which together
constitute one instrument.
15.Assignment and Delegation. Artist/Assignor may not subcontract or assign
rights to any other individual or corporation not listed in this Assignment.
16.Entire Agreement. This document constitutes the entire Assignment between the
Parties. No modification or amendment of this Assignment shall be effectiveunless in writing and signed by both Parties.
17. Execution. The Artist/Assignor and the City/Assignee each represent and warrant
to the other that each person executing this Agreement on behalf of each party is
duly authorized to execute and deliver this Agreement on behalf of that party.
18.Consent to Electronic Signatures. The Parties have consented to execute thisAgreement electronically in conformance with the Montana Uniform Electronic
Transactions Act, Title 30, Chapter 18, Part 1, MCA.
Artist/Assignor’s Signature: _________________________ Date: ________________
Print Name: _________________________
The City/Assignee’s Signature: _________________________ Date: ________________
Print Name: _________________________
24
Ex. B: Transfer and Assignment - Page 4 of 4 -
25
Ex. C: VARA Waiver - Page 1 of 4 -
EXHIBIT C: WAIVER OF PROPRIETARY RIGHTS UNDER THE VISUAL ARTISTS RIGHTS ACT OF 1990
1.Parties. This Waiver of Proprietary Rights (“Waiver”) made this __________(“Effective Date”) is by and between:
Jennifer Alden, with a mailing address of 150 Village Crossing Way, Unit 1F Bozeman, MT 59715 (“Artist”), and
City of Bozeman, with a mailing address of 121 N. Rouse Ave., Bozeman, MT 59771 (“City”).
The Artist and the City are each referred to herein as a “Party” and collectively as the “Parties.”
2.Description of the Project. The Artist, through this Assignment, transfers and
assigns to the City of all the Artist’s interest in:
a.The following copyrighted Project (“Project”):
i.Copyright #1
•Author Name: Jennifer Alden
•Title of Project: Our Town
•Located at: Bozeman City Hall, 121 N Rouse Ave, Bozeman, MT
59715
b. All the usual rights granted to the owner of a copyright under federal law,including but not limited to the right to reproduce, publish, adapt, modify,distribute, create derivative Projects on, display, publicize, and transmit
each Project;c.The right to register, as well as applications for registrations of eachProject, with the U.S. Copyright Office, including any and all renewalsand extensions;d. The income, royalties, and damages due to the Artist in regards to each
Project, including damages for past or future infringements andmisappropriations for each Project;e.The right to sue for past, present, and future infringements andmisappropriations for each Project.
3. Waiver. Artist voluntarily waives all rights to attribution and integrity withrespect to the Project, as described in the Percent for Art General Contract andcorresponding exhibits, and any and all claims as may arise under the VisualArtists Rights Act of 1990, 17 U.S.C. §§106A and 113(d) (“VARA”), or anyother local, state, foreign or international law that conveys the same or similar
rights (“moral rights laws” as defined by VARA), with respect to the Project, itsdisplay, removal from display, exhibition, installation, conservation, storage,study, alteration and any other activities conducted by the City, its officers,employees, agents, contractors, licensees, successors or assigns. If the Project is
26
Ex. C: VARA Waiver - Page 2 of 4 -
incorporated into a building such that the Project cannot be removed from the
building or structure, and alternation, distortion, destruction, or other modification (collectively, “modification”) of the Project occurs, Artist waives any and all such claims under any moral rights laws arising out of or against any current or future owners of the City, and its agents, officers and employees, for modification of the Project.
4. Artist’s Right to Accreditation and Promotion. Artist retains the right toreproduce, publish, or display the Project in Artist’s portfolios, websites, galleries,design periodicals, or any other media or exhibit for the purpose of recognition ofcreative excellence or professional advancement, and to be credited withAuthorship of the Project.
5.Right to Modify. The City has the absolute right and retrains the sole discretionto distort, mutilate, or other modification including, but not limited to, change,destroy, remove, relocate, move, replace, transport, repair or restore the Project, inwhole or in part. The City is not required to provide the Artist with any notice ofmodification, however, the City will endeavor to notify Artist before undertaking
modifications and repairs, pursuant to the Percent for Art General Contract.Should decommissioning be necessary, the Artist shall have a right of first offer tonegotiate with the City to reclaims physical possession of the Project.
6.Third Party Claims. The City has no obligation to pursue claims against thirdparties for modifications or damage to the Project done without the City’s
Authorization. However, the City may pursue claims against third parties formodifications or damage or to restore the Project if the Project was modifiedwithout the City’s Authorization. In the event that the City pursues such a claim,it shall notify the Artist, and Artist shall cooperate with the City’s efforts toprosecute such claims.
7.Authorship. If the City modifies the Project without the Artist’s consent in amanner that is prejudicial to Artist’s reputation, Artist retains the right to disclaimAuthorship of the Project in accordance with 17 U.S.C. § 106A(a)(2) and as setforth in section 3 of this Waiver.
8.Notice. As required under the U.S. Copyright Act, the City must provide notice to
the Artist if it wishes to remove the Project from a part of the building and the
removal can occur without destruction or modification of the Project. Artist is
required to keep the City informed of its updated mailing address.
9. Integration and Modification. This document contains the entire agreement
between the parties and no statements, promises or inducements made by either
party or agents of either party not contained in this written Agreement may be
considered valid or binding. This Agreement may not be modified except by
written agreement signed by both parties.
27
Ex. C: VARA Waiver - Page 3 of 4 -
10.Dispute Resolution
a.Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation
between senior-level personnel from each party duly Authorized to
execute settlement agreements. Upon mutual agreement of the parties, the
parties may invite an independent, disinterested mediator to assist in the
negotiated settlement discussions.
b.If the parties are unable to resolve the dispute within thirty (30) days from
the date the dispute was first raised, then such dispute may only be
resolved in a court of competent jurisdiction in compliance with the
Applicable Law provisions of this Agreement.
11. No Third Party Beneficiary. The terms and provisions of this Assignment are
intended solely for the benefit of each Party and their respective successors and
assigns. It is not the Parties’ intent to confer third party beneficiary rights upon
any other person or entity.
12.Choice of Law. This Assignment shall be governed and construed in accordance
with the laws of the State of Montana without regard to conflict of law provisions.
The Parties agree to submit to the personal and exclusive jurisdiction of the courts
located within Gallatin County, Montana.
13.Non-Waiver. A waiver by either Party of any default or breach by the other
Party of any terms or conditions of this Assignment does not limit the other
Party’s right to enforce such term or conditions or to pursue any available legal or
equitable rights in the event of any subsequent default or breach.
14.Severability. If any portion of this Assignment is held to be void or
unenforceable, the balance of the Assignment shall continue in effect.
15.Counterparts. This Assignment may be executed in counterparts, which together
constitute one instrument.
16.Assignment and Delegation. Artist may not subcontract or assign rights to any
other individual or corporation not listed in this Assignment.
17. Execution. The Artist and the City each represent and warrant to the other thateach person executing this Agreement on behalf of each party is duly Authorizedto execute and deliver this Agreement on behalf of that party.
18.Consent to Electronic Signatures. The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform ElectronicTransactions Act, Title 30, Chapter 18, Part 1, MCA.
28
Ex. C: VARA Waiver - Page 4 of 4 -
Artist’s Signature: _________________________ Date: ________________
Print Name: _________________________
_______________________ Date: _____________ Chuck Winn, City Manager City of Bozeman
Approved as to form:
_______________________ Date: _____________ Greg Sullivan, City Attorney City of Bozeman
29
Memorandum
REPORT TO:City Commission
FROM:Addi Jadin, Park Planning and Development Manager
Mitch Overton, Director of Parks and Recreation
SUBJECT:Resolution Authorizing the City Manager to Sign Change Order Number One
with Field Turf, USA Inc. for Bozeman Sports Park Field 7 Construction
MEETING DATE:August 19, 2025
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Resolution Authorizing the City Manger to Sign Change Order Number One
with Field Turf USA Inc. for Bozeman Sports Park Field 7 Construction
STRATEGIC PLAN:3.4 Active Recreation: Facilitate and promote recreational opportunities and
active health programs and facilities.
BACKGROUND:Field 7 at Bozeman Sports Park is being constructed in partnership with the
Bozeman Sports Park Foundation. This change order is to reflect that the
field logo will be stitched in rather than painted, at the request and funding
of the primary project donor. The additional expense has already been paid
to the City.
The original contract for Field 7 was authorized on June 10,2025. A first
amendment was approved on July 15 to authorize an add alt for mass
grading to be included in the scope of work.
UNRESOLVED ISSUES:NA
ALTERNATIVES:Per Commission
FISCAL EFFECTS:Project budgeted in FY25 and the additional fee for the change order has
been paid by the Sports Park Foundation
Attachments:
Resolution_BSP-Field-7_Change-Order-No.1.doc
BSP-Field-7_Change-Order-No.1.pdf
Report compiled on: August 7, 2025
30
1 of 2
RESOLUTION 2025____
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, APPROVING CHANGE ORDER ONE TO THE FIELD TURF USA,
INC CONTRACT FOR BOZEMAN SPORTS PARK FIELD 7
WHEREAS, the City Commission did, on the 10TH day of June 2025, authorize signature of the
contract with Field Turf USA, Inc for Bozeman Sports Park Field 7; and
WHEREAS, Section 7-5-4308, Montana Code Annotated, provides that any such alterations or
modifications of the specifications and/or plans of the contract be made by resolution; and
WHEREAS, it has become necessary in the prosecution of the work to make alterations or
modifications to the specifications and/or plans of the contract.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana, that the proposed modifications and/or alterations to the contract between the City of Bozeman, a
municipal corporation, and Field Turf USA, Inc, as contained in Change Order No. 1, attached hereto, be and
the same are hereby approved; and the City Manager is hereby authorized and directed to execute the contract
change order for and on behalf of the City; and the City Clerk is authorized and directed to attest such
signature.
31
Resolution 2025-_____, Change Order 1 for Bozeman Sports Park Field 7
2 of 2
PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 19th day of August, 2025.
__________________________________________
TERRI CUNNINGHAM
Mayor
ATTEST:
________________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_____________________________________________
GREG SULLIVAN
City Attorney
32
CHANGE ORDER No. 1
DATE OF ISSUANCE EFFECTIVE DATE
OWNER: City of Bozeman, MT CONTRACTOR Field Turf USA, Inc Contract: Field Turf USA, Inc. for Bozeman Sports Park Field 7 Project: Field 7 Construction OWNER's Contract No. ENGINEER n/a ENGINEER's Contract No.
You are directed to make the following changes in the Contract Documents: Description: Provide and install (1) Midfield logo approx. 52'x25' in 2 colors
Reason for Change Order: Change from painted to sewn in logo
Attachments: (List documents supporting change)
Contractor certifies and agrees that there are no additional costs or claims for extra work, additional time, delays or omitted items, of any nature whatsoever, associated with the subject change order items, except as identified and set forth herein and unless expressly stated otherwise in the Change Order. And further, that the price agreed-upon herein represents the full cost and value for the subject work performed and the materials supplied under the terms of the contract and that the work quantities and value were properly determined and are correct.
CONTRACTOR (Authorized Signature) Date
RECOMMENDED BY: APPROVED BY:
N/A (ENGINEER - Signature) Date OWNER (Authorized Signature) Date
EJCDC 1910-8-B (1996 Edition Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction Specifications Institute.
Page 1 of 2
CHANGE IN CONTRACT PRICE:
Original Contract Price
$ 1,939,020.00
Net Increase (Decrease) from previous Change Orders No. to :
$ 0
Contract Price prior to this Change Order:
$ 1,939,020.00
Net increase (decrease) of this Change Order:
$ 10,404.00
Contract Price with all approved Change Orders:
$ 1,949,424.00
CHANGE IN CONTRACT TIMES:
Original Contract Times: Substantial Completion: Ready for final payment:
(days or dates)
Net change from previous Change Orders No. to No. : Substantial Completion: Ready for final payment: (days)
Contract Times prior to this Change Order: Substantial Completion: Ready for final payment: (days or dates)
Net increase (decrease) this Change Order: Substantial Completion: Ready for final payment: (days)
Contract Times with all approved Change Orders: Substantial Completion: Ready for final payment: (days or dates)
33
Date:COP#:One (01)
From:To:
Project:Contact:
Office:
Email:
QTY UNIT
1LS 10,250$
1.5 %154$
TOTAL CHANGE ORDER:
ORIGINAL CONTRACT:
PREVIOUS CHANGE ORDERS:
REVISED CONTRACT TOTAL:
FieldTurf USA, Inc.Owner or GC
Darren Gill Date / Authorized Rep
August 1, 2025
FieldTurf USA, Inc.
175 N Industrial Blvd NE
Calhoun GA 30701
Bozeman Sports Park - Field 7
FT Project # 32544
Performance & Payment Bonds 154.00$
DESCRIPTION
Added Midfield Logo 10,250.00$
$10,404.00
City of Bozeman
P.O. Box 1230, 121 N. Rouse Ave
Bozeman, MT 59771
Addi Jadin
406-582-2908
ajadin@bozeman.net
PRICE
$1,939,020.00
$0.00
$1,949,424.00
Contract Change Order Proposal
Scope Description:
» Provide and install (1) Midfield logo approx. 52'x25' in 2 colors (shipped and installed at the same time as the field).
Notes/Exclusions:
•Quote is valid for thirty (30) calendar days
•The Contract Time will be increased by __0__ days.
•FieldTurf is not responsible for damage to existing turf surface
during construction.
It is mutually agreed that for the above-referenced changes to take place, the original contract price will be adjusted by the above-
referenced amount, which will become payable in accordance with the same terms and conditions as in the original contract or
purchase order.
If all the terms of this change order are acceptable please have an authorized representative sign the bottom of this document and
return it to FieldTurf's Montreal office, or as otherwise provided in the contract documents. FieldTurf will, in turn, provide a fully
executed copy for your records. Once this document is fully executed, it will be considered a revision/modification to the original
contract or purchase order.
175 N. Industrial Blvd, Calhoun, GA 30701 • Toll Free: 1-800-724-2969 • Website: http://www.fieldturf.com 34
All Rights Reserved. Confidential Information: No portion of these drawings may be disclosed, used, reproduced, modified or shown, without prior written consent of FieldTurf.DATE:FIELD LAYOUT SUBMITTALS PREPARED BY: FIELDTURFDRAWN BY:ISSUE:JOSEPH LAVIGNEBOZEMAN SPORTS PARKRUGBY SOCCERSUBMITTALJUNE 23, 2025BOZEMAN, MT35
NYOPLAST BASINRIM 4731.8512" INV IN 4726.3112" INV IN 4726.3112" INV OUT 4727.58STONE TRENCH BOT 4725.00NYOPLAST BASINRIM 4732.9512" INV IN 4727.5412" INV OUT 4727.54STONE TRENCH BOT 4725.00NYOPLAST BASINRIM 4732.9512" IN IN 4729.5512" INV OUT 4729.55STONE TRENCH BOT 4725.00DRYWELLRIM 4730.50SUMP 4725.00NYOPLAST BASINRIM 4731.8512" INV IN 4728.3212" INV OUT 4728.32STONE TRENCH BOT 4725.00DRYWELLRIM 4730.83SUMP 4725.00223'-6" RUGBY FIELD (I/I)375'-1" RUGBY FIELD (I/I)330' SOCCER FIELD (O/O)210' SOCCER FIELD (O/O)255'-10" FIELDTURF LIMITS413'-4" FIELDTURF LIMITS 19'-2"16'-2"16'-2"19'-2"360' UNIFIED LACROSSE FIELD (I/I)180' UNIFIED LACROSSE FIELD (I/I)All Rights Reserved. Confidential Information: No portion of these drawings may be disclosed, used, reproduced, modified or shown, without prior written consent of FieldTurf.
DATE:ISSUE:
DRAWN BY:
CHECKED BY:
SCALE:1"=45'
TOTAL FIELD AREA:CONCEPTUAL DRAWINGS ONLY: DRAWINGS ARE INTENDED ONLY TO BE A GRAPHIC RENDERING FOR PURPOSES OF PRELIMINARY PRESENTATION ALL DISTANCES AND MEASUREMENTS ARE APPROXIMATE IN NATURE AND SUB-ECT TO FIELD VERIFICATION.APPROVED BY: PRINTED NAME: SIGNATURE: TITLE: DATE: Scale is only accurate when this drawing is printed on 11” X 17” paper.
PERIMETER:
105,755 sq. ft.
1339 ft.
J. L.
J. B.FTVTP-1SUBMITTALJUNE 23, 2025 FIELD LAYOUT
BOZEMAN SPORTS PARK
RUGBY SOCCER
BOZEMAN, MTFIELD LAYOUT NOTES (sports are in order of dominance):LEGEND:LOGO COLORS:COMPLETE COLOR NAME: WHITEPANTONE COLOR NUMBER: WHITESPORT COLORS:RUGBYCOMPLETE COLOR NAME: WHITEPANTONE COLOR NUMBER: WHITE1. RUGBY MARKINGS ARE 4" WHITE WORLD RUGBY STANDARDS.SOCCER2. SOCCER MARKINGS ARE 4" SILVER FIFA STANDARDS.UNIFIED LACROSSECOMPLETE COLOR NAME: SILVERPANTONE COLOR NUMBER: 423C3. UNIFIED LACROSSE MARKINGS ARE 4" LAGOON BLUE NFHS STANDARDS.ALL DIMENSIONS TO BE VERIFIED BEFORE ANY CONSTRUCTION BEGINS.COMPLETE COLOR NAME: LAGOON BLUEPANTONE COLOR NUMBER: 292CFIELD/SUMMER GREEN FIELDTURF105,755 sq. ft.COMPLETE COLOR NAME: CANARY YELLOWPANTONE COLOR NUMBER: 136C36
21'25'-3"13'-1"12'-7"12'-7"6'-10"52'6'-10"26'26'All Rights Reserved. Confidential Information: No portion of these drawings may be disclosed, used, reproduced, modified or shown, without prior written consent of FieldTurf.
DATE:ISSUE:
DRAWN BY:
CHECKED BY:
SCALE:1/8" = 1'-0"APPROVED BY: PRINTED NAME: SIGNATURE: TITLE: DATE: Scale is only accurate when this drawing is printed on 11” X 17” paper.
J. L.
J. B.FTVTP-1SUBMITTALJUNE 23, 2025 CENTER LOGO
BOZEMAN SPORTS PARK
RUGBY SOCCER
BOZEMAN, MT LEGEND:FIELDTURF WHITE(PANTONE: WHITE)FIELDTURF CANARY YELLOW(PANTONE: 136C)37
Memorandum
REPORT TO:City Commission
FROM:Bernie Massey, Assistant Treasurer
Laurae Clark, Treasurer
Melissa Hodnett, Finance Director
SUBJECT:Resolution for the Intent to Create a Special Improvement Lighting District
793 for Meadow Bridge Subdivision
MEETING DATE:August 19, 2025
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Adopt Commission Resolution for the Intent to Create Special Improvement
Lighting District 793 for Meadow Bridge Subdivision
STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable
sources of funding for appropriate City services, and deliver them in a lean
and efficient manner.
BACKGROUND:7-12-4301. Special improvement districts for lighting streets authorized.
(1) The council of any city or town is authorized to:
(a) create special improvement districts embracing any street or streets or
public highway therein or portions thereof and property adjacent thereto or
property which may be declared by said council to be benefited by the
improvement to be made for the purpose of lighting such street or streets or
public highway;
(b) require that all or any portion of the cost of installing and maintaining
such lighting system be paid by the owners of the property embraced within
the boundaries of such districts; and
(c) assess and collect such portion of such cost by special assessment
against said property.
(2) The governing body may create special lighting districts on any street or
streets or public highway for the purpose of lighting them and assess the
costs for installation and maintenance to property abutting thereto and
collect the costs by special assessment against the property
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission
FISCAL EFFECTS:As a result of creating this lighting district, the city will pay the associated
power bills and schedule system maintenance. We will recover these costs
38
by billing property owners each year on their City Assessment bill. It is
estimated to cost $34.19 per acre within the district or $291.60 annually for
the entire district.
Attachments:
Resolution 2025-XXXX Intent to Create SILD.docx
Schedule A.pdf
Schedule B.pdf
Report compiled on: July 30, 2025
39
RESOLUTION 2025-XX
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING
TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 793 (MEADOW BRIDGE SUBDIVISION)
DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE THE DISTRICT FOR
THE PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS OF
MAINTENANCE AND ENERGY THEREFOR TO BENEFITED PROPERTY BY THE LEVY OF SPECIAL
ASSESSMENT.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana to wit:
Section 1
Intention to Create District; Proposed Improvements. It is the intention of this
Commission to create and establish in the City under Montana Code Annotated, Title 7, Chapter
12, Part 43, as amended, a special improvement lighting district to serve Meadow Bridge
Subdivision (the “District”) for the purpose of maintenance and energy costs. The district will pay
the maintenance and energy costs for: three (3) 73 watt Gardco EcoForm Area Luminaires with a
black finish mounted on 25 foot straight poles and two (2) 73 watt Gardco EcoForm Area
Luminaires with a black finish mounted on 30 foot straight poles for a total of five (5) light poles
40
Resolution of Intent to Create Lighting District 793
Page 2 of #NUM_PAGES#
with a concrete aggregate finish to match the existing light poles per City of Bozeman standards.
The initial monthly charge per fixture per month (the “Monthly Charge”) is estimated as follows:
$4.86 per 73 watt LED fixture. This calculates annually to $58.32 per 73 watt light, for an
estimated total annual cost of $291.60.
Section 2
Number of District. The District, if the same shall be created and established, shall be known and
designated as Special Improvement Lighting District No. 793 (Meadow Bridge Subdivision) of the
City of Bozeman, Montana.
Section 3
Boundaries of District. The limits and boundaries of the District are depicted on a map attached
as Exhibit A hereto (which is hereby incorporated herein and made a part hereof), which
boundaries are designated and confirmed as the boundaries of the District. A listing of each of
the properties in the District is shown on Exhibit B hereto (which is hereby incorporated herein
and made a part hereof).
Section 4
Benefited Property. The District and territory included within the limits and boundaries described
in Section 3 and as shown on Exhibit A are hereby declared to be the special lighting district and
the territory which will benefit and be benefited by the District and will be assessed for the costs
of the District as described in Section 1. The District, in the opinion of this Commission, are of
more than local and ordinary benefit. The property included within said limits and boundaries is
hereby declared to be the property benefited by the District.
41
Resolution of Intent to Create Lighting District 793
Page 3 of #NUM_PAGES#
Section 5
Assessment Methods. All properties within the District are to be assessed for a portion of the
maintenance and energy costs, as specified herein. The maintenance and energy costs shall be
assessed against the property in the District benefiting, based on the actual area method of
assessment described in Sections 7-12-4323, MCA, as particularly applied and set forth in this
Section 5. The annual maintenance and energy costs are estimated at $291.60, and shall be
assessed against each lot, tract or parcel of land in the District for that part of the costs that the
area of such lot, tract or parcel bears to the total area of all lots, tracts or parcels of land in the
District, exclusive of streets, avenues and alleys. The total area of the District to be assessed is
8.52764 acres, or 371,464 square feet, exclusive of parks and open space. The initial costs per
acre shall be $34.19 or $0.000785 per square foot annually.
Section 6
Payment of Assessments. Special assessments for the annual maintenance and energy costs are
estimated at $291.60, plus any increases, as may be permitted by the Public Service Commission,
and any additional authorized charges shall be levied each year against all properties in the
District and shall be payable in equal semiannual installments. The first year of special
assessment billing will include an additional amount not to exceed $500 for publication and
mailing associated with creation of the District which shall be assessed in the same manner as
the improvements resulting in a cost not to exceed $92.83 per acre, or $0.002131 per square
foot.
42
Resolution of Intent to Create Lighting District 793
Page 4 of #NUM_PAGES#
Section 7
Extraordinary Repair or Replacement. The maintenance and energy costs and assessments set
forth in Section 1 and 5 are based on normal conditions and do not cover charges for repair
and/or replacement. The City may make an additional charge to the District for costs of labor and
actual material costs for repairs and/or replacement of the fixtures for damage caused by third
parties and not paid by such third parties. The City will assess such costs and charges against the
properties in the District in the same manner as the other assessment is made.
Section 8
Discontinuation of District. If at any time after the initial term of the District a petition is
presented to the City Commission, signed by the owners or agents of more than three-fourths of
the total amount of property within the District, asking that the maintenance and operation of
the special lighting system and the furnishing of electrical current in the district be discontinued,
or if a majority of the City Commission votes to discontinue the District, the City Commission
shall, by resolution, provide for discontinuing the maintenance and operation of the lighting
system. If the Commission has, prior to the presentation of a petition or by a majority vote of
the Commission to discontinue the District, entered into any contract for the maintenance and
operation of the lighting system, the maintenance and operation may not be discontinued until
after the expiration of the contract.
Section 9
Public Hearing; Protests. Written protests against the creation or modification of the District and
the costs may be filed by an agent, person, firm, or corporation owning real property within the
proposed District, whose property is liable to be assessed for the costs. Protests must be
43
Resolution of Intent to Create Lighting District 793
Page 5 of #NUM_PAGES#
delivered to the City Clerk at City Hall, 121 N Rouse Ave, Bozeman, MT not later than 5:00 p.m.
on Tuesday, September 9, 2025.
If protests are received by the deadline, the City Commission will hear and pass upon all written
protests against the creation or extension of the district, on Tuesday, September 16, 2025, at
6:00 pm in the City Commission Room, Bozeman City Hall, 121 N Rouse Ave, Bozeman, Montana.
If no protests are received, the City Commission may, on the same date, time, and location, pass
a Resolution authorizing the creation or modification of the district.
Section 10
Notice of Passage of Resolution of Intention. The City Clerk is hereby authorized and directed to
publish or cause to be published a copy of a notice of the passage of this resolution in the
Bozeman Daily Chronicle, a newspaper of general circulation in the county on August 23, 2025
and August 30, 2025, in the form and manner prescribed by law, and to mail or cause to be mailed
a copy of said notice to every person, firm, corporation, or the agent of such person, firm, or
corporation having real property within the District listed in his or her name upon the last
completed assessment roll for state, county, and school district taxes, at his last-known address,
on or before the same day such notice is first published.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana,
at a regular session thereof held on the 19th day of August 2025.
44
Resolution of Intent to Create Lighting District 793
Page 6 of #NUM_PAGES#
___________________________________
TERENCE CUNNINGHAM
Mayor
ATTEST:
____________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
45
Resolution of Intent to Create Lighting District 793
CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE
I, the undersigned, being the duly qualified and acting recording officer of the City of
Bozeman, Montana (the “City”), hereby certify that the attached resolution is a true copy of
Resolution No. 2025-XXXX, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 793
(MEADOW BRIDGE SUBDIVISION) DECLARING IT TO BE THE INTENTION OF THE CITY
COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE OF MAINTAINING LIGHTING
IMPROVEMENTS AND ASSESSING THE COSTS FOR MAINTENANCE AND ENERGY THEREFOR TO
BENEFITED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT, (the “Resolution”), on file in the
original records of the City in my legal custody; that the Resolution was duly adopted by the City
Commission of the City of Bozeman at a meeting on August 19, 2025, and that the meeting was
duly held by the City Commission and was attended throughout by a quorum, pursuant to call
and notice of such meeting given as required by law; and that the Resolution has not as of the
date hereof been amended or repealed.
I further certify that, upon vote being taken on the Resolution at said meeting, the
following Commissioners voted in favor thereof: _____
____________________ ; voted against the same: ___________ ___ ; abstained
from voting thereon: ________________ ; or were absent: _______________ .
WITNESS my hand officially this 19th day of August 2025.
___________________________________
MIKE MAAS
City Clerk
46
Resolution of Intent to Create Lighting District 793
NOTICE OF PASSAGE OF RESOLUTION OF INTENTION
TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 793
(MEADOW BRIDGE SUBDIVISION)
CITY OF BOZEMAN, MONTANA
NOTICE IS HEREBY GIVEN that on August 19, 2025, the City Commission (the
“Commission”) of the City of Bozeman, Montana (the “City”), adopted a Resolution of Intention
No. 2025-XXXX to create Special Improvement Lighting District No. 793 (the “District”) for the
purpose of maintaining lighting and assessing the cost for maintenance and energy to Meadow
Bridge Subdivision, and paying maintenance and energy costs relating thereto.
A complete copy of the Resolution of Intention (the “Resolution”) No. 2025-XXXX is on
file with the City Clerk which more specifically describes the nature of the costs, the boundaries
and the area included in the District, the location of the Improvements and other matters
pertaining thereto and further particulars. A list of properties in the District and the amount of
the initial assessment accompanies this notice. The Resolution and accompanying exhibits may
be also viewed on the City’s website at www.bozeman.net.
The district will pay the maintenance and energy costs for: three (3) 73 watt Gardco
EcoForm Area Luminaires with a black finish mounted on 25 foot straight poles and two (2) 73
watt Gardco EcoForm Area Luminaires with a black finish mounted on 30 foot straight poles for
a total of five (5) light poles with a concrete aggregate finish to match the existing light poles per
City of Bozeman standards. The initial monthly charge per fixture per month (the “Monthly
Charge”) is estimated as follows: $4.86 per 73 watt LED fixture. This calculates annually to $58.32
per 73 watt light, for an estimated total annual cost of $291.60.
The total area of the District to be assessed is 8.52764 acres, 371,464 square feet,
47
Resolution of Intent to Create Lighting District 793
exclusive of parks and open space. The initial costs of the Improvements per acre shall be $34.19.
The first year of special assessment billing will include an additional amount not to exceed $500
for publication and mailing associated with creation of the District which shall be assessed in the
same manner as the Improvements resulting in a cost not to exceed $92.83 per acre, or
$0.002131 per square foot.
Written protests against the creation or extension of the District and the costs may be
filed by an agent, person, firm or corporation owning real property within the proposed District
whose property is liable to be assessed for the costs. Such protests must be delivered to the City
Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana not later than 5:00 p.m., M.T., on
September 9, 2025.
If protests are received by the deadline, the City Commission will hear and pass upon
all written protests against the creation or extension of the District, or the Improvements, on
Tuesday, September 16, 2025, at 6:00 p.m., in the Commission Room at City Hall 121 N Rouse
Ave, Bozeman, Montana. If no protests are received, the City Commission may, on the same date,
time, and location, pass a Resolution authorizing the creation or modification of the district.
Further information regarding the proposed District or other matters in respect thereof
may be obtained from the City Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana or by
telephone at (406) 582-2320.
DATED this 19th day of August 2025.
MIKE MAAS
City Clerk
City of Bozeman
Legal Ad
Publication Dates:
48
Resolution of Intent to Create Lighting District 793
Saturday, August 23, 2025
Saturday, August 30, 2025
49
Resolution of Intent to Create Lighting District 793
RESOLUTION 2025-XX
Resolution of Intent to create Special Improvement Lighting District No. 793 for the
purpose of maintaining lighting and assessing the cost for maintenance and energy to Meadow
Bridge Subdivision and paying maintenance and energy costs relating thereto.
AFFIDAVIT OF MAILING
MIKE MAAS, City Clerk, being first duly sworn, says:
That I cause to be mailed first class the Notice in regard to the owners in Special
Improvement Lighting District No. 793, as listed in Exhibit "B", on Friday, August 22, 2025,
directed to the owners at the addresses shown on Exhibit "B".
______________________________
MIKE MAAS
City Clerk
50
51
Blk Lot Sq Ft Owner Owner Address City State Zip
1 1 11,221 Meadow Bridge LLC PO Box 20913 Billings MT 59104
2 11,799 Meadow Bridge LLC PO Box 20913 Billings MT 59104
3 12,882 Meadow Bridge LLC PO Box 20913 Billings MT 59104
4 10,200 Meadow Bridge LLC PO Box 20913 Billings MT 59104
5 10,200 Meadow Bridge LLC PO Box 20913 Billings MT 59104
6 10,200 Meadow Bridge LLC PO Box 20913 Billings MT 59104
7 11,695 Meadow Bridge LLC PO Box 20913 Billings MT 59104
8 9,017 Meadow Bridge LLC PO Box 20913 Billings MT 59104
9 8,250 Meadow Bridge LLC PO Box 20913 Billings MT 59104
10 8,824 Meadow Bridge LLC PO Box 20913 Billings MT 59104
11 9,039 Meadow Bridge LLC PO Box 20913 Billings MT 59104
12 10,372 Meadow Bridge LLC PO Box 20913 Billings MT 59104
2 1 14,054 Meadow Bridge LLC PO Box 20913 Billings MT 59104
2 12,457 Meadow Bridge LLC PO Box 20913 Billings MT 59104
3 12,506 Meadow Bridge LLC PO Box 20913 Billings MT 59104
4 12,396 Meadow Bridge LLC PO Box 20913 Billings MT 59104
5 12,411 Meadow Bridge LLC PO Box 20913 Billings MT 59104
6 9,621 Meadow Bridge LLC PO Box 20913 Billings MT 59104
7 9,510 Meadow Bridge LLC PO Box 20913 Billings MT 59104
8 8,512 Meadow Bridge LLC PO Box 20913 Billings MT 59104
9 8,791 Meadow Bridge LLC PO Box 20913 Billings MT 59104
10 9,941 Meadow Bridge LLC PO Box 20913 Billings MT 59104
3 1 5,820 Meadow Bridge LLC PO Box 20913 Billings MT 59104
2 5,198 Meadow Bridge LLC PO Box 20913 Billings MT 59104
3 5,527 Meadow Bridge LLC PO Box 20913 Billings MT 59104
4 6,175 Meadow Bridge LLC PO Box 20913 Billings MT 59104
5 6,454 Meadow Bridge LLC PO Box 20913 Billings MT 59104
6 4,884 Meadow Bridge LLC PO Box 20913 Billings MT 59104
7 6,313 Meadow Bridge LLC PO Box 20913 Billings MT 59104
8 12,849 Meadow Bridge LLC PO Box 20913 Billings MT 59104
9 7,534 Meadow Bridge LLC PO Box 20913 Billings MT 59104
10 6,803 Meadow Bridge LLC PO Box 20913 Billings MT 59104
11 6,803 Meadow Bridge LLC PO Box 20913 Billings MT 59104
12 6,803 Meadow Bridge LLC PO Box 20913 Billings MT 59104
13 4,000 Meadow Bridge LLC PO Box 20913 Billings MT 59104
14 4,000 Meadow Bridge LLC PO Box 20913 Billings MT 59104
15 4,000 Meadow Bridge LLC PO Box 20913 Billings MT 59104
16 4,000 Meadow Bridge LLC PO Box 20913 Billings MT 59104
17 4,000 Meadow Bridge LLC PO Box 20913 Billings MT 59104
18 4,000 Meadow Bridge LLC PO Box 20913 Billings MT 59104
19 6,002 Meadow Bridge LLC PO Box 20913 Billings MT 59104
20 6,002 Meadow Bridge LLC PO Box 20913 Billings MT 59104
21 6,002 Meadow Bridge LLC PO Box 20913 Billings MT 59104
22 6,002 Meadow Bridge LLC PO Box 20913 Billings MT 59104
23 8,395 Meadow Bridge LLC PO Box 20913 Billings MT 59104
371,464.00 Total Lot Square Footage
8.52764004 Total Lot Acreage
Meadow Bridge Subdivision
COS 2286 LESS MEADOW CREEK SUB PH 1
FORMERLY - 2200 W GRAF ST RGG9205
52
Memorandum
REPORT TO:City Commission
FROM:Jesse DiTommaso, Economic Development Coordinator
Brit Fontenot, Economic Development Director
SUBJECT:69th Montana Legislative Session Recap
MEETING DATE:August 19, 2025
AGENDA ITEM TYPE:Plan/Report/Study
RECOMMENDATION:None
STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other
public agencies and build on these successes.
BACKGROUND:
The 2025 Montana Legislative Session convened from January 6 through
April 30, 2025. During the session, 1,769 bills were introduced, and 884 were
passed by the Legislature.
City staff from all departments engaged in the process by reviewing
legislation and providing input—either through formal testimony or
coordination with Central House Strategies—on bills that could affect City
operations or adopted plans.
As bill drafts became available, staff evaluated them for departmental
relevance. A legislative core team met weekly to identify and prioritize key
legislation.
This work session will highlight the priority bills tracked throughout the
session and outline how they are expected to impact City operations.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As recommended by the Commission.
FISCAL EFFECTS:None.
53
Attachments:
Bozeman post-session report 7.15.2025 FINAL.pdf
Report compiled on: June 18, 2025
54
2025 Montana Legislature Post-session Report
Prepared by Central House Strategies
Legislative Landscape
The 69th Legislative Session was controlled by republican majorities in both chambers and
Governor Greg Gianforte. Over 50 bill drafts were filed that targeted local land use regulations
and local government budget authority.
The rhetoric around property tax relief largely targeted local government spending as the culprit
rather than changing circumstances in the state and policies that have shifted property tax
burden away from industrial and commercial and on to residential properties. Although current
state law caps the growth of local government revenue authority to the rate of inflation, the
increasing costs of building and maintaining basic infrastructure and providing essential city
services far outpaces these state-imposed limitations.
Land use bills sought to preempt local zoning authority and restrict local government’s ability to
manage the infrastructure and financial impacts of new development.
Economic development efforts were also targeted through several tax increment finance bills
introduced early in the session. These bills sought to limit the return of the increment to local
taxing jurisdictions, changing requirements for advisory boards, and public hearings regarding
TIF districts.
Legislation and Outcomes
The City of Bozeman prioritized bill tracking and lobbying efforts through two main criteria:
Impact on existing operations and impact on implementing adopted plans. Bills were further
categorized and prioritized during weekly meetings to discuss lobbying and committee hearing
strategy. This summary highlights several of the most impactful bills that passed this session.
A full list of bills with status and effective date is at the end of this summary.
● HB 20: Require voted levies to be in dollars rather than mills and subjects voted levies to
the requirements of 15-10-420 (Brewster)
○ Impact: Subjects the city’s voted levies to 15-10-420 and limits the ability to keep up with
rising year over year staffing costs of providing public safety services and any city
operations funded through voted levies.
○ Outcome: Amendments exempt school district levies from 15-10-420. Amendments to
subject voted levies to inflation failed and language was reverted back to subjecting
voted levies to 15-10-420. Annual revenue growth from voted levies will slow and the city
will have to change the way that ballot language is crafted for future voted levies and
anticipate rising year over year costs in setting the dollar amount levied.
● SB 117: Revise government entity limitations on property tax increases (D. Zolnikov)
○ Impact: Authorizes local governments to create and contribute to a “large taxpayer
reserve account” meant to mitigate impacts to a city’s tax base if a large contributor goes
55
○ out of business or no longer provides a significant contribution to a city’s taxable value.
Changes 15-10-420 to raise the inflationary rate from ½ the rate of inflation to full
inflation up to a 4% cap and reduces the contribution of newly taxable from 100% to 75%
for residential properties, and 40% of most other classes and TIF.
○ Outcome: The main factor limiting the ability of local governments to increase their
budgets to meet increasing demand and costs of providing services will no longer be the
rate of inflation, but the ability to fully include newly taxable value that is added to the tax
base from new development in a given year.
● HB 492: Revise municipal zoning laws related to parking requirements (K. Zolnikov)
○ Impact: Would have drastically limited the ability for a local government to require
parking to be built for a number of different types of development and a ban on any
parking requirements for residential units under 1200 square feet. Would result in no on-
site ADA accessible spaces for some residential developments.
○ Outcome: Amendments were added to reduce the severity of the bill for communities not
subject to the Montana Land Use & Planning Act (MLUPA) by striking the requirement for
local governments to reimburse developers for on-site parking, and allowing cities to
require no more than one half parking space for residential units under 1200 square feet
(MCA 76-2-304). For Bozeman and other communities subject to MLUPA (MCA 76-25-
303), parking requirements are prohibited for residential units under 1,200 square feet.
The passage of this bill impacts the parking incentives outlined in the city’s Affordable
Housing Ordinance.
● SB 243: Amend zoning regulations to allow taller buildings (Boldman)
○ Impact: Would prevent cities from restricting building height in commercial zones.
○ Outcome: Amended to prevent cities from limiting building height to a height less than
60’ in commercial areas. This has little impact in Bozeman given present code that
outlines 4 stories which is approximately 60’ in commercial developments in Bozeman’s
downtown and commercial areas.
● SB 33: State buildings subject to state building code review (Hertz)
○ Impact: Transfers responsibility of plan review, permitting, inspection, and code
enforcement of any state-owned or operated buildings in from the local review authority
to the state Department of Labor & Industry.
○ Outcome: The City of Bozeman will no longer have review, permitting, inspection or code
enforcement authority on MSU’s campus or any other state owned or operated buildings
in city limits.
● HB 394: Revise local government public notice and resolution requirements
○ Impact: Changes MCA 7-1-4127(7)(a) to clarify business days instead of calendar days
and specify the first notice must be published 15 business days out and the second, 5
business days before the hearing or action to be taken. Applies to noticing for resolutions
and hearings for assessments, preliminary budget hearings, growth policy hearings and
zoning and subdivision hearings that refer to 7-1-4127.
○ Outcome: Creates more clarity for the public and for clerks administering public noticing
requirements. Some noticing periods may become longer.
56
● Water policy/nutrient standards: Together, Bozeman supported these three bills to
provide clarity around nutrient standards set by state and federal rules.
○ HB 664 Repeal numeric nutrient standards (Mercer). Directs DEQ to repeal and amend
current standards to set achievable discharge thresholds for nitrogen and phosphorus
while maintaining and improving water quality in surface waters.
○ HB 736 Provide nutrient pollutant loading offsets (S. Fitzpatrick). Provides a predictable
tool for offset planning and provides flexibility for discharges to comply with discharge
permit limits.
○ HB 685 Feasibility allowance for nondegradation policy (S. Fitzpatrick). Changes
terminology from “nondegradation” to “feasibility allowance.”
● Property taxes: The final vehicle for property tax relief this session came down to the
combined passage of HB 231 and SB 542 in the final day of session. The following is an
overview of the relief provided by this package.
2025 changes: $400 rebates for owner-occupied primary residences - similar application process
to the Governor's rebates. The application process will be noticed in June 2025 and the
application will be open August 15th - October 1st, 2025.
Automatically implements tiered residential rates for ALL residences (regardless of whether
they're a second home or short term rental) with an increase in rates for homes valued over
$1.5m.
● Ag rate drops from 2.16% to 2.05%
● Commercial is assessed at 1.4% for the value below $400k and 1.89% for the value
above $400k
● Residential is subject to a tiered rate structure based on assessed market value:
○ First $400k of market value is 0.76%
○ $400k-$1.5 million is 1.1%
○ Over $1.5 million is 2.2%
○ The maximum rate for multifamily dwelling units with a market value of greater
than $2 million is 1.89% if the dwelling units are leased at 150% or less of
the county fair market rent (by county as defined by HUD). The property owner
must certify lease rates to the department of revenue.
2026 and beyond: Homestead + long term rental reduced rate for primary residences and long
term rentals below 4x median ($1.4m). Application process will be noticed by October 30th, 2025
for the application window that opens between Dec 1st, 2025 and March 1st, 2026.
● Ag stays at 2.05%
● Commercial is assessed at 1.5% for the value less than 6x median (currently $2.1m)
market value and 1.9% for any value over 6x median market value
● Residential is subject to a tiered rate structure based on statewide median value:
○ Value less than or equal to statewide median value (currently $356k) 0.76%
○ Value between median and 2x median ($356k up to $713k) 0.9%
○ Value between 2x median and 4x median ($713K up to $1.4 million) 1.1%
○ Value of 4x median and greater ($1.4 million) is 1.9%
○ The tax rate for a rental multifamily dwelling unit described in subsection
(1)(b)(iv) that qualifies for the rental property reduced tax rate is 1.1%.
57
Next steps:
1. Track the ranking and assignment of study bills to interim committees
2. Monitor and engage in interim committee meetings
3. Monitor and engage in rulemaking and implementation of new legislation around
municipal budget, property tax relief, land use/zoning bills, and water quality/quanitity.
4. Continue to strengthen relationships with the Bozeman delegation through 1-1 meetings,
site visits, facility tours, invitations to city events
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Memorandum
REPORT TO:City Commission
FROM:Tom Rogers, Senior Planner
Chris Saunders, Community Development Manager
Erin George, Community Development Director
SUBJECT:Discussion of Unified Development Code Update Focusing on Natural
Resources and Direction to Staff, Application 21381
MEETING DATE:August 19, 2025
AGENDA ITEM TYPE:Community Development - Legislative
RECOMMENDATION:Discuss and determine direction on issues relating to natural resources.
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:The City Commission is reviewing the outcomes of the supplemental
engagement public input on the UDC update and providing direction on the
next iteration of the draft to replace Chapter 38 of the municipal code and
the associated zoning map. Previous work sessions were held on June 3rd
(phase 2 engagement summary)[External Link], June 24th (tools for
managing bulk, mass and scale of buildings)[External Link], and July 14th
(zoning districts and uses)[External Link]. A follow-up work session relating
to the previously discussed issues follows on this agenda.
The Community Development Board discussed these issues in work sessions
at a public meeting on August 11th [external link]. Staff provided the memo
that is attached to this agenda item and presented an overview of how
development review works in the City of Bozeman considering the general
context of our community.
The Board was asked to opine on the questions detailed at the end of the
attached memo. Key points in the discussion are listed below.
Agenda item begins at 1:03:35
Board discussion starts at 1:55:20
Public comment began at time stamp 2:42:33
Concluding remarks at 3:21:10
Link to the meeting video
The City Commission will receive a presentation from Community
59
Development Staff on specific issues relating to natural resources related
issues, ask questions, receive public comment, and give direction on possible
revisions to the text to be incorporated in an upcoming revised draft for
public review.
A staff memo providing background information on natural resource related
code subjects and processes is attached to this cover memo.
The state has replaced the review criteria applicable to Bozeman for the
approval of zoning, as part of the 2023 Montana Land Use Planning Act.
Criteria are established in 76-25-304(2) MCA [external link]:
(2) Prior to making a recommendation to the governing body to adopt or
amend a zoning regulation or map, the planning commission [Community
Development Board] shall:
(c) make a preliminary determination as to whether the zoning regulation
and map as proposed or as amended would be in substantial compliance
with the land use plan, including whether the zoning regulation or map:
(i) accommodates the projected needed housing types identified in 76-25-
206;
(ii) contains five or more specific strategies from 76-25-302 to encourage
the development of housing within the jurisdiction;
(iii) reflects allowable uses and densities in areas that may be adequately
served by public safety, emergency, utility, transportation, education, and
any other local facilities or services identified by the local government in 76-
25-207;
(iv) allows sufficient area for existing, new, or expanding commercial,
industrial, and institutional enterprises the local government has identified in
76-25-208 for targeted economic growth in the jurisdiction;
(v) protects and maximizes the potential use of natural resources within the
area, as identified in 76-25-209;
(vi) minimizes or avoids impacts to the natural environment within the
area, as identified in 76-25-209; and
(vii) avoids or minimizes dangers associated with natural hazards in the
jurisdiction, as identified in 76-25-209; and
(d) preliminarily determine whether the proposed zoning regulation, map,
or amendment results in new or increased impacts to or from local facilities,
services, natural resources, natural environment, or natural hazards from
those previously described and analyzed in the assessment conducted for
the land use plan.
These new criteria will need to be considered when the Community
Development Board eventually makes a recommendation and the City
Commission votes on the final UDC text and zoning map later this year. The
attached staff memo and related materials provide some background
information to support the in-depth discussion at the August 19th work
session.
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UNRESOLVED ISSUES:Direction chosen by the City Commission.
ALTERNATIVES:As determined by the City Commission.
FISCAL EFFECTS:No budgeted funds are expended with this discussion.
Attachments:
CC August 19 2025 Natural Environment Memo.pdf
Report compiled on: August 12, 2025
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Report To: City Commission
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 19, 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. This item is scheduled to come to the City
Commission on September 9th.
• 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].
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• Landscaping. Division 38.540 (page 5-49) - Landscaping is required with all
subdivision and site plan developments. Landscape requirements vary by
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
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activities in floodplains and incorporating all floodplain areas into watercourse
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
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are available for review. Most recently, on April 9, 2025, the Board was updated on the
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
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development review. Information with development applications, like a wetland delineation
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
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several annexation methods in state law, the City principally uses 7-2-46, MCA. The City
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
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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:
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
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wildlife habitat) from local FWP field biologists;
17) Water Rights. Describe how proposed subdivision intends to satisfy section
38.410.110 (page 4-30) 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
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approval are met before any lots may be sold. Final Plat Submittal Requirements [External
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
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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
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.
Submitted documentation includes:
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▪ 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
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
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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 directed 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 Department 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. Staff does not see that the current wording in the code would
prevent the City from obtaining water from a third party. 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) as described above. 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.
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
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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.
7) Sacajawea Audubon Society [External Link]
Suggestion to adopt requirements for bird-friendly glass and when the requirements
might apply. Section 38.520.050.B, Window design standards, details the City’s
window design standards which include the prohibition of mirrored glass.
Commission Direction Requested
A) Is Bozeman collecting enough info during development review to enable review of
adopted natural resource criteria and standards?
B) Should Bozeman further regulate trees on private property?
C) If so, do you support staff’s suggested plan via the Urban Forest Management Plan,
to include the following?
1. Outreach
2. Research
3. Policy-setting
4. Regulations
5. Budget & staffing
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Memorandum
REPORT TO:City Commission
FROM:Tom Rogers, Senior Planner
Chris Saunders, Community Development Manager
Erin George, Community Development Director
SUBJECT:Follow-up Discussion of Unified Development Code Update on Zoning
Districts and Uses and Mass and Scale and Direction to Staff, Application
21381
MEETING DATE:August 19, 2025
AGENDA ITEM TYPE:Community Development - Legislative
RECOMMENDATION:Discuss and determine direction on issues relating to zoning districts and
uses allowed within districts and mass and scale
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:The City Commission is reviewing the outcomes of the supplemental
engagement public input on the UDC update and providing direction on the
next iteration of the draft to replace Chapter 38 of the municipal code and
the associated zoning map. Extensive work sessions were held on June 24th
[External Link] (tools for managing bulk, mass and scale of buildings) and July
14th [External Link], (zoning districts and uses). The video recordings of the
meetings, staff memos, and other materials are available through the links
to the meetings.
At both the previous work sessions, the City Commission requested some
additional information be gathered for further consideration. This agenda
item provides that information. The attached memo identifies each item and
the additional information and associated recommendations.
The City Commission will receive a presentation from Community
Development Staff on specific issues, ask questions, receive public comment,
and give direction on possible revisions to the text to be incorporated in an
upcoming revised draft for public review.
The state has replaced the review criteria applicable to Bozeman for the
approval of zoning, as part of the 2023 Montana Land Use Planning Act.
Criteria are established in 76-25-304(2) MCA [external link]:
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(2) Prior to making a recommendation to the governing body to adopt or
amend a zoning regulation or map, the planning commission [Community
Development Board] shall:
(c) make a preliminary determination as to whether the zoning regulation
and map as proposed or as amended would be in substantial compliance
with the land use plan, including whether the zoning regulation or map:
(i) accommodates the projected needed housing types identified in 76-25-
206;
(ii) contains five or more specific strategies from 76-25-302 to encourage
the development of housing within the jurisdiction;
(iii) reflects allowable uses and densities in areas that may be adequately
served by public safety, emergency, utility, transportation, education, and
any other local facilities or services identified by the local government in 76-
25-207;
(iv) allows sufficient area for existing, new, or expanding commercial,
industrial, and institutional enterprises the local government has identified in
76-25-208 for targeted economic growth in the jurisdiction;
(v) protects and maximizes the potential use of natural resources within the
area, as identified in 76-25-209;
(vi) minimizes or avoids impacts to the natural environment within the
area, as identified in 76-25-209; and
(vii) avoids or minimizes dangers associated with natural hazards in the
jurisdiction, as identified in 76-25-209; and
(d) preliminarily determine whether the proposed zoning regulation, map,
or amendment results in new or increased impacts to or from local facilities,
services, natural resources, natural environment, or natural hazards from
those previously described and analyzed in the assessment conducted for
the land use plan.
These new criteria will need to be considered when the Community
Development Board eventually makes a recommendation and the City
Commission votes on the final UDC text and zoning map later this year.
UNRESOLVED ISSUES:The attached memo identifies individual issues.
ALTERNATIVES:As determined by the City Commission.
FISCAL EFFECTS:No budgeted funds are expended with this discussion.
Attachments:
CC August 19 2025 Mass and Scale Follow-up.pdf
New Housing Construction Application Data_2020-
2025YTD.pdf
BZ_UDC_Average Wall Plate Height_Research.pdf
BZ_UDC_Graduated Building SF Caps_Research.pdf
Tall Buildings Map 7-15-2022 small.pdf
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Report compiled on: August 12, 2025
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Report To: City Commission
From: Tom Rogers, Senior Planner
Chris Saunders, Community Development Manager
Erin George, Community Development Director
Subject: Unified Development Code (UDC) Update – Mass and Scale and Uses
Follow-up
Meeting Date: August 19, 2025
General Background
The City completed supplementary public engagement on the draft UDC update in May.
The staff reported to the Commission on the outcomes of that engagement. Several of the
questions in the survey and comments in other engagement opportunities addressed
mass and scale of buildings and how best to manage mass and scale. Other questions
addressed allowed non-residential uses in the RC and RD proposed districts.
The City Commission provided direction to staff about mass and scale matters at their
June 24th meeting [external link] and regarding zoning districts and uses at their July 14th
[external link] meeting. There were several elements where the Commission requested
additional information, which is provided by this memo. Information from other
communities and design professionals informs the material.
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
which attempt to strike this balance.
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
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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)
Staff solicited input from the local design community on technical details related to
questions or request for additional information from the City Commission at recent work
sessions. A variety of viewpoints were received on each issue. Comment received on these
questions are included in the project public comment folder [External Link] and begins on
August 1, 2025. Related comment has also been received at the many engagement events
and opportunities throughout the project. Written comments throughout the project are
available at the above link and other comment methods are documented in the Engage
Bozeman web site [External Link] under the Presentation and Participation Materials
section. Staff also continued research in these areas. The following items include the
background and question provided to the design community, a summary of the responses,
and staff’s recommendation related to each subject.
Zoning Districts and Uses
A) Special standards for uses within districts (38.320 of the draft) – The Commission
directed staff to make revisions to allow a greater number of non-residential uses from the
RD district to move into the RC district. These are likely to be those in the Personal and
General Service and General Retail categories as shown on pages 3-5 and 3-6 of the
proposed draft. The proposed draft is carrying forward some standards setting location
and dimension requirements unique to these circumstances, see sections 38.320.080 and
090 on pages 3-30 through 3-35.
Q. Please comment on the proposed location and size limitations and their probable
impact for residential scale development of these kinds of local service uses and
offer suggestions that might help the standard limiting location and size not be a bar
on the business success but also fit into a primarily residential area.
A. There were some suggestions to expand the allowed sizes shown in the present
code but did not give suggested upper limits for most uses. Several suggestions are
addressed with existing standards such as setbacks from adjacent properties.
Several suggestions for applicable process requirements to be special use permits
were made. There was general support for the idea of allowing a greater range of
uses in the RC and RD districts.
Staff recommendation – In considering this subject, Staff recommends the reader review
the definitions in 38.800 for each use. Uses are defined broadly and may include more
scope of activity than may be expected.
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Staff suggests increasing the allowed sizes of non-residential uses in the RD and RC
districts. See sections 38.320.080 and 090 on pages 3-30 through 3-35 for current values.
In the absence of significant evidence of existing problems, an increase of 500-1,000 feet
seems reasonable. The RD (R5) district is fairly recent, and the City hasn’t had a lot of
opportunity to see impacts of non-residential uses in that district. However, the RC (R4)
district has had many years with mixed uses with little identified conflict. An example of
this kind of area is along N. 11th across the street from the high school. Sizes of buildings
range from 2,200-5,000+ sq ft. The allowance for these uses will allow free standing
commercial buildings as well as mixed-use buildings. Any allowed uses are subject to the
standards of the zone such as setbacks from property lines, maximum height, lot
coverage, and similar standards that apply to both homes and businesses.
Although this question was specific to the RC and RD districts, comment was also
received on the NEHMU district and suggested increasing allowed sizes there for service
and retail uses. The original NEHMU limitations on service and retail uses have been in
place for many years. The nature of the district has evolved somewhat with fewer industrial
uses still in place. The size limits were a compromise between those who advocated for
more and those who sought to not allow restaurants or retail at all. Experience has shown
that these types of businesses can function in the NEHMU district and public comments
earlier in the UDC process and discussion with the Community Development Board
encouraged expansion of these allowances. Staff does not have a specific
recommendation at this time but does generally support a less restrictive size limit for
general services, retail, and restaurants in NEHMU. Restaurants are currently limited to
1,500 sq. ft. Several public comments have been received throughout the project
suggesting related revisions.
Specific additional uses recommended for inclusion are: General Service, Health &
Exercise, Personal Service, Restaurant, and Retail, less than 40,000 sf (actual size will be
further limited by zone). Public comment about this concept received with the Spring 2025
survey suggested limitations on specific uses such as retail for marijuana or alcohol, and
identified types of businesses respondents might like to see. See the individual responses
to questions 15 and 16 in the UDC Spring Survey Individual Responses [external link] under
the Presentation and Participation Materials, Engagement Reports folder.
Special use permits work best when there can be discrete standards applied to offset
impacts. Establishing project specific conditions can only be done with factual backing
that is both linked to the issue of concern, and which can be demonstrated to be
proportionate to the concern. This factual linkage is often difficult to establish. Staff does
not recommend use of special use permits to regulate the suggested additional uses in the
RC and RD districts.
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The City can establish use and zone-specific standards such as limiting commercial
signage to not include free standing signs or to allow less signage than would be allowed in
a commercial zone. Staff recommends doing so. Specific standards on operations may be
appropriate such as limiting hours open to the public to between 6 am and 10 pm which
matches to elements of the City’s noise ordinance in Article 16.06 [External Link] or to
prohibit drive-through type service options which tend to create greater traffic and noise
from service speakers.
B) Fraternity/Sorority – The Commission requested that staff create for consideration a
Fraternity/Sorority distinction from the group living land use with associated standards to
enable them to operate with limited impact on adjacent properties.
Q. If you have experience with this type of land use, suggestions regarding standards
unique to this use for site and building design are appreciated.
No local design professional offered comments on this question. Staff has provided the
following to the MSU Office of Fraternity & Sorority Life and requested comment. Staff has
discussed the proposal with MSU staff and they are discussing it internally. We hope to
receive feedback prior to the City Commission meeting. For clarity, Staff notes that both the
municipal code and state law provide specific protection for existing uses that enables them
to continue in operation. Therefore, this definition and standards would apply only for new
applications or changes to a site that requires bringing the entire site into compliance.
Staff recommendation - DRAFT DEFINITION AND STANDARDS FOR
FRATERNITY/SORORITY
All code citations are to the proposed draft.
38.800.070 F Definition, add - Fraternity/sorority house: A group living facility
occupied by and maintained exclusively for fraternity or sorority members, their
guests or visitors and affiliated with and acknowledged as a fraternity/sorority
house by an accredited institution of higher learning as defined in 38 U.S. Code
Section 3452; and which operates to provide assembly space for the regular
activities of the fraternity or sorority members.
38.320.040. Use Specific Standards:
New addition to Group Living special standards in 38.320.040.B.6
Fraternity/Sorority
a. Must provide one or more assembly space(s) internal to a building adequate
in size to accommodate not less than three-quarters of the enrolled
members of the fraternity or sorority at the time the use is approved by the
City.
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b. Assembly area occupant loads must be consistent with currently adopted
State of Montana Building Codes. The Building Department can evaluate the
occupancy use and Occupant load on a case-by-case basis.
38.530.040.B.2 (parking) Same as typical group living for residential use but add an
additional 5 parking space requirement for assembly area to provide some parking
for visitors. Alternatively, could require visitor spaces based on a percentage of the
number of parking spaces for approved residents.
Two facilities have submitted for a city permit in the past five years that required floor plans.
Staff was able to compare the facility layouts against the proposed standard. Both are
purpose-built buildings and would comply with the suggested definition and standard.
Delta Gamma House (site plan 20170) - would meet proposed standard, approx. 910
sq. ft. room and 860 and 400 sq. ft. rooms, 95 member per web
Sigma Chi (building permit for remodeling) would meet proposed standard, approx.
920 sq. ft. room and two other rooms >750 sq. ft., 91 members per web
Mass and Scale Tools:
A) Building Height – The Commission directed at their June 24th work session that the draft
be revised to rely on height as measured in feet rather than stories. No direction was given
to make specific changes in the heights of individual districts.
Q. Based on your experience are the heights allowed in the zoning districts of the
Current Code workable, or could better design and more functional outcomes be
achieved with modest adjustments in some districts? If so, how and what?
A. Responses varied from a preference to retain the “stories” based management of
height, possibility to adjust maximum height in upper stories, recommendations to
adjust height up or down in specific districts, and remove minimum height
requirements on ground floors. The diversity of views did not show a consensus
position except that B3 is unique from other districts, in part due to the Downtown
Improvement Plan which recommends an increased height allowance based on
stories.
Staff recommendation – The existing height limits in the current code are in Division 38.320
[External Link]. Residential district height limits are in Table 38.320.030.C, the Residential
Emphasis Mixed Use district (measured in both feet and stories based on uses) is in Table
38.320.040, and for Non-residential districts in Table 38.320.050. All current districts allow
for three functional full stories or more. Staff does not recommend reducing this as it
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would cause some existing structures to become non-conforming which complicates
building maintenance over time, lending secured by the property, and other elements.
To implement the Downtown Improvement Plan but still retain a measured height in feet
rather than stories, a presumed ground floor height of 15 feet plus 13 feet per story above
the ground floor could be used to determine an equivalent to the recommended seven
story height. The HVAC and structural systems for commercial grade construction have
different needs than typical residential smaller scale construction. The state recently
passed a law (SB243) requiring municipal zoning to allow at least a 60 foot height in
“downtown commercial, heavy commercial, or industrial zones”.
B) Wall Plate – The Commission requested additional information regarding wall plate
height standard in limiting impact of taller buildings on adjacent properties. The RA and RB
districts in the proposed draft both show 25 feet. There is interest in understanding how
wall plate may be able to help distinguish between districts. Some comments have been
that 25 feet is too short for RB where three story full floor buildings are expected. Some
visuals showing impacts of the proposed standard on different building designs would be
appreciated. No need to draw new ones, perhaps show existing building designs and how
wall plate would affect those designs if applied.
Q. Given typical building methods and the way wall plate is measured, will 25 feet be a
readily achievable standard in RA?
A. All responses from the design community indicated that 25 feet is achievable in RA.
The 25-foot height will not allow a full three-story uninterrupted wall and so it will
accomplish the purpose of lessening visual impact on adjacent properties but will
also restrict design choices. The current R1 district allows 3 stories, and a 25-foot
wall plate would not allow that without some break in the wall plane. Some
suggested that 25 feet might be reduced. Some comments discussed the
differences in construction types and the impact of how HVAC and other support
functions are provided in influencing floor to floor heights as well as the variability by
use type. Design features such as basements or elevated first floor heights for
ground floor privacy affect the wall height and how much the wall plate standard will
influence design.
Code Studio also provided some review of existing building wall plates. See the
materials attached to the agenda item.
Staff suggestion - Based on design community feedback, the Commission could leave
the RA wall plate as is or reduce it modestly. It is important to keep in mind that
slope on a site can result in the walls on one side of a building being taller than
another side. Most of Bozeman has mild grade differences but not on all lots. The
proposed draft, page 2-110, includes a relief provision to allow some additional wall
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plate height due to various factors including topography. Staff suggests increasing
the allowed percentage of relief if the Commission decides to lower the wall plate
height.
Q. To readily achieve three full floor stories in RB, what adjustments to wall plate height
may be appropriate?
A. The responses from the design community generally supported a wall plate height of
32-34 feet to enable a full three-story building.
Staff suggestion - Staff suggests revising wall plate height in RB in the range of 32-34
feet. This preserves existing opportunities for landowners. There has been a
significant increase in three story buildings, especially townhomes and rowhouses,
over the past five years. This reflects a design of first floor tuck under parking with
two levels of living space above. This design substantially reduces the ground level
floor area, is more land efficient, and reduces the amount of foundation and roof
area on an individual home. Mortgage lending standards have evolved to expect a
standard 9-foot floor to ceiling dimension in all housing types which has also
motivated slightly higher buildings.
There are examples of three-story buildings in many areas of Bozeman, including
our historic districts. Although less common for a variety of reasons they are part of
the design fabric of the community. Staff prepared a map of buildings 3 stories or
greater as part of the initial analysis into the code update. The data displayed on the
map ends in July 2022. Code Studio also provided some review of existing building
wall plates showing a range in RA between 18-22 feet. See the materials attached to
the agenda item.
Graduated Square Foot Cap:
This suggested standard was discussed at the June 24th City Commission work session.
Several questions were identified for further investigation. Staff and consultant have looked
but not identified other communities which have this tool, other than Portland Oregon.
Some communities have somewhat similar tools that allow a greater ability to develop
proportionate to a site but don’t identify cap on unit size directly. Those who have used a
somewhat similar standard have tied it to greater amount of lot coverage or floor area ratio
(a proportion of building floor area to lot area). Most of the jurisdictions reviewed continue
to use lot area minimums, in some case up to 20,000 sq. ft. See attached research summary
for additional details. Bozeman has removed lot area and floor area ratio as minimum
standards in the UDC draft (and with Commission concurrence at June 24thwork session)
but has retained lot coverage.
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Page 8 of 9
Staff has analyzed data from the City’s residential building permit records for the past five
years. For the summarized data, see the housing data attachment to this agenda item. For
single homes, townhomes, and ADUs the figures are for each unit, so the building size and
dwelling size are the same. The greatest proportion of ADUs are free standing buildings. For
duplex through fourplex the building size is divided by the number of units to obtain an
average dwelling size. The data does not show a substantial average dwelling size difference
between single homes and townhomes. Size per dwelling does not materially change with
the smallest and largest average size of dwelling in a four plex only varying 468-567 square
feet from the smallest and largest average size for single homes. Individual unit size analysis
was not supported by the data for 5+ in a single building. Staff has observed an increase in
the number of smaller dwellings being constructed in larger apartment buildings, but the
overall buildings are bigger with many more homes, and the larger apartment buildings are
not allowed in the RA or RB districts.
Based on this data showing a lack of substantial size difference per dwelling and the
differences in regulatory structure in the draft code, staff concludes that a direct translation
of the graduated square foot cap as implemented in Portland would not be a good fit for
Bozeman or accomplish the intended outcome. For example, the RA district already limits
dwelling configurations to a duplex or pair of townhomes. Considering the data on median
home sizes for single homes, townhomes, or duplexes the probable construction will largely
remain consistent with existing patterns of development in the community as a whole.
A maximum building size had been suggested for the RA and RB districts to control mass
and scale. The data shows that the majority of structures will not exceed the maximum
building size in the RA and RB districts even without the standard. Commission previously
suggested that they would be likely to remove the maximum building standard however they
wanted a better understanding of the graduated square footage cap concept. Staff
concludes that the data shows that the maximum building size standard is not needed.
Staff also recognizes both the long-standing occurrence of older larger homes being
renovated to include multiple dwellings and the opportunity to provide additional dwelling
units as a method to financially support preservation of older structures. Therefore, staff
suggests that the RA district include an allowance for 3- and 4-unit buildings when the
additional units greater than two are being created in an existing structure, meeting the
definition of infill (at least 35 years old and other parameters), and limiting expansion of the
existing structure to not exceed more than 25% of gross building area. This is consistent with
Commission direction at the July 14 work session, but with added detail about building age
and size. As suggested, this will provide opportunity for additional circulation like staircases
or other modest modifications to achieve both functionality and additional dwellings. The
draft code requires that at least the same number of homes be restored on-site if a
residential building is demolished, so as not to decrease the number of dwelling units on
any given site.
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Page 9 of 9
Additionally, the City Attorney’s Office has conducted a preliminary evaluation of the
proposal to obtain payment for building sizes in excess of a base square footage cap and is
prepared to provide general guidance during the Commission work session on August 19th.
91
New Housing Construction Applications 2020‐2025 midyear by Building Permit Type
Highest and lowest value in each column (excluding total square feet) is shown in bold and gray background
Single Household Residence
Year RSFR Applications
Min Bldg
SQF
Max Bldg
SQF
Median Bldg
SQF
Average Bldg
SQF
RSFR Livable Bldg
SQF Total
Average
Dwelling SQF
2020 162 1,038 5,168 2,340 2,400 392,489 2,400
2021 155 151 4,972 2,128 2,089 323,327 2,089
2022 128 828 5,815 1,546 1,937 247,991 1,937
2023 95 828 3,850 1,637 1,853 175,995 1,853
2024 88 1,486 4,331 2,112 2,365 205,716 2,365
2025 YTD (as of 6.30.25) 41 1,479 5,387 2,041 2,299 94,246 2,299
Townhomes
Year RTWN Applications Min Bldg
SQF
Max Bldg
SQF
Median Bldg
SQF
Average Bldg
SQF
RSFR Livable Bldg
SQ Total
Average
Dwelling SQF
2020 51 1,478 3,891 1,875 2,558 130,448 2,558
2021 65 720 2,344 1,853 1,916 124,522 1,916
2022 33 1,569 3,741 1,726 2,002 66,058 2,002
2023 24 1,560 6,342 1,710 1,923 46,145 1,923
2024 34 1,247 3,678 1,564 1,668 56,710 1,668
2025 YTD (as of 6.30.25) 8 1,690 3,500 1,827 2,106 16,851 2,106
Accessory Dwelling Unit (ADU)
Year RADU Applications
Min Bldg
SQF
Max Bldg
SQF
Median Bldg
SQF
Average Bldg
SQF
RSFR Livable Bldg
SQ Total
Average
Dwelling SQF
2020 13 423 610 594 549 7,142 549
2021 23 336 736 600 593 13,636 593
2022 28 247 600 576 545 15,258 545
2023 14 392 610 556 556 7,785 556
2024 9 450 778 599 589 5,304 589
2025 YTD (as of 6.30.25) 2 657 968 813 813 1,625 813
Duplex
Year RDUP Applications
Min Bldg
SQF
Max Bldg
SQF
Median Bldg
SQF
Average Bldg
SQF
RSFR Livable Bldg
SQ Total
Average
Dwelling SQF
2020 56 1,890 5,832 3,475 3,295 184,499 1,648
2021 26 2,276 5,158 3,864 3,659 95,135 1,830
2022 13 1,475 4,364 2,893 2,984 38,791 1,492
2023 67 1,382 5,107 2,860 2,860 196,719 1,430
2024 15 2,334 5,701 3,120 3,330 49,951 1,665
2025 YTD (as of 6.30.25) 4 3,138 4,257 3,283 3,490 13,960 1,745
Triplex
Year RTRI Applications
Min Bldg
SQF
Max Bldg
SQF
Median Bldg
SQF
Average Bldg
SQF
RSFR Livable Bldg
SQ Total
Average
Dwelling SQF
2020 13 4026 7269 4726 5,142 66,850 1,714
2021 13 2480 7260 6091 6,037 78,480 2,012
2022 17 2480 6559 5065 4,671 79,407 1,557
2023 4 4833 9273 5640 6,347 25,386 2,116
2024 6 4758 6972 5372 5,511 33,067 1,837
2025 YTD (as of 6.30.25) 2 5898 7799 6849 6,849 13,697 2,283
Fourplex
Year RFOU Applications
Min Bldg
SQF
Max Bldg
SQF
Median Bldg
SQF
Average Bldg
SQF
RSFR Livable Bldg
SQ Total
Average
Dwelling SQF
2020 20 3,906 10,456 6,296 6,448 128,960 1,612
2021 16 4,420 8,122 4,476 5,144 82,307 1,286
2022 20 1,479 12,968 5,125 5,229 104,572 1,307
2023 31 2,864 10,202 6,484 7,728 239,565 1,932
2024 7 6,344 8,446 6,344 6,644 46,510 1,661
2025 YTD (as of 6.30.25) 5 6,945 7,933 7,914 7,718 38,589 1,930
Residential Apartment (5+ Units)
Year RAPT Applications
Min Bldg
SQF
Max Bldg
SQF
Median Bldg
SQF
Average Bldg
SQF
RSFR Livable Bldg
SQ Total
2020 46 7,984 70,000 18,372 20,757 954,819
2021 55 6,600 97,673 20,194 30,243 1,663,347
2022 36 7,542 87,491 33,249 55,822 1,032,707
2023 65 7,002 289,986 13,457 26,428 1,717,834
2024 14 4,740 511,837 30,275 68,245 511,837
2025 YTD (as of 6.30.25) 30 6,500 200,000 23,667 30,304 909,122
92
~29'~22'~20'~23'~21
616 S Grand Ave · 616 S Grand Ave, Boze…Google Maps
Proposed zoning:
Residential Low (R- A)
Proposed zoning:
Residential Low (R- A)
Proposed zoning:
Residential Low (R- A)
Proposed zoning:
Residential Low (R- A)
Proposed zoning:
Residential Low (R- A)
502 S Grand Ave · 502 S Grand Ave, Boze…Google Maps 503 W Cleveland St · 503 W Cleveland St, …Google Maps
436 S Tracy Ave · 436 S Tracy Ave, Bozem…Google Maps 501 S Tracy Ave · 501 S Tracy Ave, Bozem…
Google Maps
616 S Grand Ave,
Bozeman, MT 59715
502 S Grand Ave, Bozeman,
MT 59715
503 W Cleveland St,
Bozeman, MT 59715
436 S Tracy Ave, Bozeman,
MT 59715
501 S Tracy Ave,
Bozeman, MT 59715
Link to map Link to map Link to map Link to map Link to map
93
Proposed zoning:
Residential Low (R- A)
Previous Building (2015)
209 S 8th Ave · 209 S 8th Ave, Bozeman, MT 59715Google Maps
Previous Building (2019)Previous Building (2015)
430 S Tracy Ave · 430 S Tracy Ave, Bozem…Google Maps 316 Lindley Pl · 316 Lindley Pl, Bozeman, …Google Maps
Previous Building (2015)
521 S Black Ave · 521 S Black Ave, Bozem…Google Maps
Previous Building (2015)~20'
1012 S Tracy Ave · 1012 S Tracy Ave, Boz…
Google Maps
The most recent developments at the following addresses are currently not visible on Google Earth.
Additional verification is needed to confirm the wall plate heights
New Development
Proposed zoning:
Residential Low (R- A)
Link to map Link to map Link to map Link to map Link to map Link to map
302 S 6th Ave · 302 S 6th Ave, Bozeman, …
Google Maps
1012 S Tracy Ave,
Bozeman, MT 59715
302 S 6th Ave,
Bozeman, MT 59715
209 S 8th Ave,
Bozeman, MT 59715
430 S Tracy Ave,
Bozeman, MT 59715
316 Lindley Pl,
Bozeman, MT 59715
521 S Black Ave,
Bozeman, MT 59715
94
~20'
Proposed zoning:
Residential Low (R- A)
129 E Alderson St · 129 E Alderson St, Bo…Google Maps
~18'
3150 Summer View Ln · 3150 Summer Vi…Google Maps
Proposed zoning:
Residential Low (R- A)
205 Stone Fly Dr · 205 Stone Fly Dr, Boze…Google Maps
~20'
Proposed zoning:
Residential Medium (R- C)
~20'
3502 Parkway Ave · 3502 Parkway Ave, B…Google Maps
Proposed zoning:
Residential Medium- Low (R- B)
~18'
3163 Spring Ridge Dr · 3163 Spring Ridge…Google Maps
Proposed zoning:
Residential Low (R- A)
129 E Alderson St,
Bozeman, MT 59715
3150 Summer View Ln,
Bozeman, MT 59715
205 Stone Fly Dr,
Bozeman, MT 59718
3502 Parkway Ave,
Bozeman, MT 59718
3163 Spring Ridge Dr,
Bozeman, MT 59715
Link to map Link to map Link to map Link to map Link to map
95
City of Bozeman
Code Studio
Research on graduated building square footage caps and similar strategies
Last updated: July 18, 2025
Summary
1. We didn’t identify any jurisdictions that are employing the exact model outlined in the
square footage cap proposal.
2. However, similar approaches include:
a. Variable maximum lot coverage based on the number of units
b. Increased Floor Area Ratio (FAR) tied to unit count
c. Additional bonuses or allowances for providing more units
Precedent Examples
1. Charlottesville, Virginia
a. Link to development code
b. Examples of these development standards can be found in R-A, RN-A, R-B, and
R-C districts.
i. Relevant form standard: Building coverage
ii. Establishes a maximum building footprint for residential districts.
iii. Allows greater lot coverage as the number of dwelling units on a lot
increases.
1
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2. Milwaukie, Oregon
a. Link to development code
b. Relevant building standard: Lot Coverage
i. Increased lot coverage for single-detached and missing middle housing
● The maximum lot coverage percentage, as illustrated in Table
19.301.4, can be increased by 10 percentage points for the
development of:
a. New single-detached dwellings and accessory structures
b. Additions to existing single-detached dwellings
c. New middle housing dwelling
d. Additions to middle housing dwellings
● The maximum lot coverage can be increased by 20 percentage
points for duplexes and by 5 percentage points for detached
ADUs.
● This standard specifies that any portion of a structure over 20 feet
in height is subject to the lot coverage limits in Table 19.301.4
a. Additions or new structures under 20 feet in height may
exceed the base lot coverage standards and can qualify for
the additional lot coverage allowances.
b. This is illustrated in the diagram below.
2
97
3. Portland, Oregon
a. Link to development code
b. Relevant building standard: Floor Area Ratio (FAR)
i. Infill Options:
● The base FAR cap is relatively low for single-unit homes, but if a
property includes 2 or more units (e.g., a duplex, triplex, or
fourplex), the FAR limit increases, allowing for a larger total
building envelope.
4. Minneapolis, Minnesota
a. Link to development code
b. The relevant provisions can be found in Chapter 540. Article II
i. Relevant building standard: Floor Area Ratio (FAR)
ii. Built Form Overlays:
● Used to direct the scale of development to align with each district’s
planned pattern by regulating lot size, lot coverage, building
height, FAR, yards, and impervious surfaces
● Buildings located in the Built Form Overlays are subject to
graduated maximum FAR standards based on the number of
dwelling units per building.
● This is highlighted in Table 540-2 Maximum Floor Area Ratio:
a. In the Built Form Overlay District Interior 3, the UN and RM
zoning districts are subject to the following floor area
ratios:
i. Single-family dwellings and state credentialed care
facilities serving 6 or fewer persons: 0.5
ii. Two-family dwellings: 0.6
iii. Three-family dwellings: 0.7
iv. All other uses: 1.4
3
98
5. Washington State
a. Link to Middle Housing Model Ordinance
b. Relevant building standard: Floor Area Ratio (FAR)
i. The state of Washington requires cities with populations over 25,000 to
adopt the Middle Housing Model Ordinance.
ii. FAR standards in the Middle Housing Model Ordinance can be found in
Section 7, page 12.
● The standards in the ordinance are intended to promote middle
housing while ensuring a predictable built form and compatibility
with surrounding neighborhoods.
a. The maximum floor area ratios are graduated to
accommodate additional units on a lot. The standards are
as follows:
4
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