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Home My WebLink About08-01-22 CDB Agenda and Packet MaterialsA.Call to Order - 6:00 pm B.Disclosures C.Changes to the Agenda D.Approval of Minutes D.1 Approval of Minutes from May 16, 2022.(Fuller) E.Consent Items E.1 Recommendation of approval for a site plan proposing construction of two, three story multi-household buildings and associated parking, open space, and infrastructure, application 21327. Required parking, stormwater management, landscaping, and other improvements are included.(Hyde) F.Public Comments THE COMMUNITY DEVELOPMENT BOARD OF BOZEMAN, MONTANA CD AGENDA Monday, August 1, 2022 This meeting will be held both in-person and also using Webex, an online videoconferencing system. You can join this meeting: Via Webex: 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 +1-650-479-3208 Access code: 2555 024 9848 If you are interested in commenting in writing on items on the agenda please send an email to agenda@bozeman.net prior to 12:00pm on the day of the meeting. Public comments will be accepted in-person during the appropriate agenda items. You may also comment by visiting the Commission's comment page. You can also comment by joining the Webex meeting. If you do join the Webex meeting, we ask you please be patient in helping us work through this hybrid meeting. As always, the meeting will be streamed through the Commission's video page and available in the City on cable channel 190. 1 This is the time to comment on any matter falling within the scope of the Community Development Board. There will also be time in conjunction with each agenda item for public comment relating to that item but you may only speak once. Please note, the Community Development Board cannot take action on any item which does not appear on the agenda. All persons addressing the Community Development Board shall speak in a civil and courteous manner and members of the audience shall be respectful of others. Please state your name and place of residence in an audible tone of voice for the record and limit your comments to three minutes. General public comments to the Board can be found in their Laserfiche repository folder. G.Action Items G.1 Continuation of the Block 104 zone map amendment requesting amendment of the City Zoning Map for a city block bounded by Tamarack Street on the north, Front Street to the east, Wallace on the west, and Aspen Street on the south consisting of approximately 7.33 acres and the accompanying adjacent right-of way from M-1 (Light Manufacturing) to B-2M (Community Business District â€“ Mixed).(Rogers) G.2 Continuation of the South 8th zone map amendment requesting amendment of the City Zoning Map to change the zoning on 0.18 acre parcel from R4 (High Density Residential District) to R5 (Residential Mixed-Use High Density District).(Rogers) G.3 Continuation of the Thomas Drive Zone Map Amendment requesting to change zoning from on 15.037 acres from R-4 (Residential High Density) to REMU (Residential Emphasis Mixed Use).(Rogers) G.4 Continuation of Gran Cielo - Cielo Way and S. 27th Ave. ZMA to Change the Zoning From R3 (Residential Medium Density District) to R-4 (Residential High Density District) on 4.279 Acres, Application 22117(Saunders) G.5 6730 Davis Lane Annexation application 22020 requesting annexation of 10.071 acres and amendment application 22020 of the City Zoning Map for the establishment of a zoning designation of REMU (Residential Emphasis Mixed-Use District).(Rogers) G.6 1001 Thomas Drive Annexation application 22067 requesting annexation of 15.115 acres and zone map amendment of the City Zoning Map for the establishment of a zoning designation of REMU (Residential Emphasis Mixed Use).(Rogers) G.7 Ordinance 2105, Repeal Division 38.380, Affordable Housing, and Amend Associated Standards and Replace With a New Division 38.380 Affordable Housing Text Amendment, Application 22133(Saunders) G.8 Heritage Christian School Zone Map Amendment to Establish an Initial Zoning of R-3, Residential Medium Density, on Approximately 13 Acres at 4310 Durston Road, Application 22170(Saunders) H.FYI/Discussions H.1 Upcoming Items Expected for August 15, 2022 Community Development Board 2 Meeting.(Saunders) I.Adjournment For more information please contact Anna Bentley, abentley@bozeman.net General information about the Community Development Board is available in our Laserfiche repository. This board generally meets the first and third Monday of the month from 6:00 pm to 8:00 pm. Citizen Advisory Board meetings are open to all members of the public. If you have a disability and require assistance, please contact our ADA coordinator, Mike Gray at 406-582-3232 (TDD 406-582- 2301). In order for the City Commission to receive all relevant public comment in time for this City Commission meeting, please submit via the Commission Comment Page or by emailing agenda@bozeman.net no later than 12:00 PM on the day of the meeting. Public comment may be made in person at the meeting as well. 3 Memorandum REPORT TO:Community Development Board FROM:Jon Fuller - CD Tech III Lacie Kloosterhof - Office Manager Anna Bentley - Interim CD Director SUBJECT:Approval of Minutes from May 16, 2022. MEETING DATE:August 1, 2022 AGENDA ITEM TYPE:Minutes RECOMMENDATION:I move to approve the minutes from May 16, 2022. STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:na UNRESOLVED ISSUES:na ALTERNATIVES:As determined by the board. FISCAL EFFECTS:na Attachments: CD Board Meeting Minutes 05-16-22.pdf Report compiled on: July 28, 2022 4 Bozeman Community Development Meeting Minutes, May 16, 2022 Page 1 of 7 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES May 16, 2022 Present: Gerald Pape, Allison Bryan, Brady Ernst, Henry Happel, John Backes, Stephen Egnatz, Jennifer Madgic Absent: Nicole Olmstead For more information please contact Anna Bentley, abentley@bozeman.net General information about the Community Development Board is available in our Laserfiche repository. A) 00:03:21 Call to Order - 6:00 pm Meeting started on time. B) 00:04:21 Disclosures There were no disclosures. C) 00:04:30 Changes to the Agenda One change to the agenda suggested by Anna Bentley, Action Item F1 continued to the Community Development board meeting on June 6th. 00:04:49 Motion I move to continue the hearing for application 21-442 to Monday, June 6th, 2022. Gerald Pape: Motion Jennifer Madgic: 2nd 00:05:36 Vote on the Motion to continue I move to continue the hearing for application 21-442 to Monday, June 6th, 2022.. The Motion carried 7 - 0 Approve: Gerald Pape Allison Bryan Brady Ernst 5 Bozeman Community Development Meeting Minutes, May 16, 2022 Page 2 of 7 Henry Happel John Backes Stephen Egnatz Jennifer Madgic Disapprove: None D) 00:06:35 Approval of Minutes D.1 00:06:47 Approve the Meeting Minutes from May 2, 2022 CD Board Meeting Minutes 050222.pdf 00:06:56 Motion Approval of minutes as submitted. Stephen Egnatz: Motion Jennifer Madgic: 2nd 00:07:10 Vote on the Motion to approve Approval of minutes as submitted.. The Motion carried 7 - 0 Approve: Gerald Pape Allison Bryan Brady Ernst Henry Happel John Backes Stephen Egnatz Jennifer Madgic Disapprove: None 00:06:58 Motion D) Approval of Minutes Stephen Egnatz: Motion Jennifer Madgic: 2nd 00:07:18 Vote on the Motion to approve D) Approval of Minutes. The Motion carried 7 - 0 Approve: Gerald Pape Allison Bryan Brady Ernst Henry Happel John Backes Stephen Egnatz Jennifer Madgic Disapprove: 6 Bozeman Community Development Meeting Minutes, May 16, 2022 Page 3 of 7 None Present: Gerald Pape, Allison Bryan, Brady Ernst, Nicole Olmstead, Henry Happel, John Backes, Stephen Egnatz, Jennifer Madgic Absent: Padden Guy Murphy 00:07:55 Board member Olmstead joined the meeting. E) 00:08:26 Public Comments 00:10:08 No public comment was offered. F) 00:10:34 Action Items F.2 00:10:46 Ordinance 2108, Well Use Requirement Update the City of Bozeman (City) regulations for review of subdivisions to conform to the Montana Subdivision and Platting Act, recently updated by the State Legislature, Application 22137. 22137 CDB Staff Report Final.pdf Ordinance 2108_Irrigation Water Supply for Review.pdf 00:11:09 Planner Tom Rogers provided an introduction for the presentation of Ordinance 2108. 00:12:14 Engineer Brian Heaston and Water Conservation Program Manager Jessica Ahlstrom presented on recent updates to the Montana Subdivision and Platting Act and its impacts on the City of Bozeman and provided clarification on specific elements that are impacted. A zone text amendment is proposed to bring the City's regulations into compliance with the changes. 00:26:26 The board posed questions to staff. 00:52:29 Planner Tom Rogers presented on the ordinance's impacts and identified specific changes to the Bozeman Municipal Code. 00:59:51 The board posed questions to staff. 01:06:30 Mary Wictor, 1504 Boylan Road, provided public comment on the zone text amendment. 01:12:27 Motion Having reviewed and considered the staff report, draft ordinance, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 22137 and move to recommend approval of Ordinance 2108. Gerald Pape: Motion Gerald Pape: 2nd 7 Bozeman Community Development Meeting Minutes, May 16, 2022 Page 4 of 7 01:20:49 Vote on the Motion to approve Having reviewed and considered the staff report, draft ordinance, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 22137 and move to recommend approval of Ordinance 2108.. The Motion carried 7 - 1 Approve: Gerald Pape Allison Bryan Brady Ernst Henry Happel John Backes Stephen Egnatz Jennifer Madgic Disapprove: Nicole Olmstead F.3 01:22:27 Ordinance 2111, Departures for Housing Creation, Consider and Recommend to City Commission a New Section 38.320.070 to Authorize Additional Administrative Flexibility In Administration of Specified Residential Standards and Create Definitions for Infill and Missing Middle Housing, Application 22133. 01:22:56 Planner Tom Rogers presented Ordinance 2111 and its impacts on the Bozeman Municipal Code. 22133 CDB Staff Report - Departures.pdf Ordinance 2111 Departures (DRAFT).pdf 22133 Departures amendments - e-news.pdf 01:31:28 The board posed questions to staff. 02:15:23 Mary Wictor, 1504 Boylan Road, offered public comment on the zone text amendment. 02:19:02 Mark Egge, 542 N. Black Street, offered public comment on the zone text amendment. 02:22:00 Marcia Kaveny, 1496 Boylan Road, offered public comment on the zone text amendment. 02:30:36 Motion Having reviewed and considered the staff report, draft ordinance, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 22133 and move to recommend approval of Ordinance 2111. Allison Bryan: Motion John Backes: 2nd 02:31:20 Motion Amendment to motion. Modify language to state that, "ADUs may be permitted on any lot in a district where ADUs are an allowed use that meets the lot size and setback requirements for the principal structure except for lots under 3000 square feet in area or lots containing attached town homes without the requirement for 1000 square feet of additional area." Jennifer Madgic: Motion 8 Bozeman Community Development Meeting Minutes, May 16, 2022 Page 5 of 7 Gerald Pape: 2nd 02:34:33 Vote on the Motion to amend Amendment to motion. Modify language to state that, "ADUs may be permitted on any lot in a district where ADUs are an allowed use that meets the lot size and setback requirements for the principal structure except for lots under 3000 square feet in area or lots containing attached town homes without the requirement for 1000 square feet of additional area.". The Motion carried 8 - 0 Approve: Gerald Pape Allison Bryan Brady Ernst Nicole Olmstead Henry Happel John Backes Stephen Egnatz Jennifer Madgic Disapprove: None 02:35:20 Motion Modify criteria 3 of the criteria of approval within the departures to be mandatory by changing "or" to "and" at the end of the item, and change proceeding language to "... must determine that criteria 1, 2, and 3; and least one of criteria 4 and 5 are met". Gerald Pape: Motion Henry Happel: 2nd 02:41:45 Vote on the Motion to amend Modify criteria 3 of the criteria of approval within the departures to be mandatory by changing "or" to "and" at the end of the item, and change proceeding language to "... must determine that criteria 1, 2, and 3; and least one of criteria 4 and 5 are met".. The Motion failed 1 - 7 Approve: Nicole Olmstead Disapprove: Gerald Pape Allison Bryan Brady Ernst Henry Happel John Backes Stephen Egnatz Jennifer Madgic 02:44:44 Motion Modify language within the criteria for approval within the departures to delete the existing criteria 3, renumber criteria 4 and 5 to 3 and 4, and change proceeding language to "... must determine that criteria 1 and 2; and at least one of criteria 3 and 4 are met. In addition, for the 9 Bozeman Community Development Meeting Minutes, May 16, 2022 Page 6 of 7 departure to be approved, the city must determine that any negative impacts on the surrounding property are insignificant in comparison with the positive effects of approving the departure". Henry Happel: Motion Jennifer Madgic: 2nd 02:51:03 Vote on the Motion to amend Modify language within the criteria for approval within the departures to delete the existing criteria 3, renumber criteria 4 and 5 to 3 and 4, and change proceeding language to "... must determine that criteria 1 and 2; and at least one of criteria 3 and 4 are met. In addition, for the departure to be approved, the city must determine that any negative impacts on the surrounding property are insignificant in comparison with the positive effects of approving the departure".. The Motion carried 7 - 1 Approve: Gerald Pape Allison Bryan Brady Ernst Nicole Olmstead Henry Happel John Backes Jennifer Madgic Disapprove: Stephen Egnatz 02:55:04 Vote on the Motion to approve Having reviewed and considered the staff report, draft ordinance, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 22133 and move to recommend approval of Ordinance 2111.. The Motion carried 7 - 1 Approve: Gerald Pape Allison Bryan Brady Ernst Nicole Olmstead Henry Happel Stephen Egnatz Jennifer Madgic Disapprove: John Backes G) 02:55:55 FYI/Discussions G.1 02:56:11 Upcoming Items for June 6, 2022 Community Development Board meeting. G.2 02:56:53 Community development report ComDev Report March 2022.pdf 10 Bozeman Community Development Meeting Minutes, May 16, 2022 Page 7 of 7 H) 02:58:03 Adjournment Meeting Adjourned 11 Memorandum REPORT TO:Community Development Board FROM:Lynn Hyde, Development Review Planner Brian Krueger, Development Review Manager Anna Bentley, Community Development Interim Director SUBJECT: Recommendation of approval for a site plan proposing construction of two, three story multi-household buildings and associated parking, open space, and infrastructure, application 21327. Required parking, stormwater management, landscaping, and other improvements are included. MEETING DATE:August 1, 2022 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION:Authorize the Community Development Director to conditionally-approve the site plan. 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:This application is proposing two, three story apartment buildings, totaling 59 units in the B-2 zoning district. This review is in front of the Community Dev Board as their capacity to act as the Development Review Board. The Bozeman Municipal Code, 38.230.040 sets the thresholds for projects that need the review of the Dev Review Board, and 45 units or more dwelling units is one of the threshold. The DRB is established to ‘evaluate aesthetic considerations of larger and more complex proposals which are likely to produce significant community impact and to provide recommendations regarding such proposals to the review authority. The Applicant has requested one departure for light and air access and privacy along side and rear property lines pursuant 38.520.030.C. Refer to the 7b in the Staff Report for additional discussion. Due to the large volume of files, not all elevations or graphics are provided as attachments, instead please navigate to view all submitted documents. See link below. In order to allow apartments with ground floor residential within the B-2 zoning district, a Conditional Use Permit (CUP) is required. The City Commission will be reviewing and providing a recommendation for the CUP 12 on August 09th. To view all submitted documents, navigate here, https://weblink.bozeman.net/WebLink/Browse.aspx? id=136921&dbid=0&repo=BOZEMAN&cr=1, then navigate to Planning Project 21327. UNRESOLVED ISSUES:The City Commission will be reviewing and providing a decision on the Conditional Use Permit (CUP) that allows ground floor residential in the B-2 zoning district at a public hearing to be held August 9th. This Site Plan is contingent upon a positive decision from the City Commission on the CUP. As is standard, there will be conditions of approval prior to final site plan approval. ALTERNATIVES:As identified by the Board. FISCAL EFFECTS:Fiscal impacts are undetermined at this time, but will include increased property tax revenues from new development, along with increased costs to deliver municipal services to the property. Impact fees will be collected at the time of issuance of building permits for individual developments along with City sewer and water connection fees. Attachments: 01 Development Review Application SIGNED.pdf 02 Narrative.pdf 00 A0-0 - COVER.pdf 02AC2.1 - ARCHITECTURAL SITE PLAN.pdf 08 AC4.0 - MATERIAL BOARD.pdf 09 AC5.0 - SPANISH PEAKS PARK IMPROVEMENTS.pdf 18 L102 - PLANT SCHEDULE & NOTES.pdf 19 L103 - NORTH LANDSCAPE PLAN.pdf 20 L104 - SOUTH LANDSCAPE PLAN.pdf 21 L201 - LANDSCAPE DETAILS.pdf 17 L101 - OVERALL LANDSCAPE PLAN.pdf 23 N-A2-1 - 2ND FLOOR PLAN.pdf 24 N-A2-2 - 3RD FLOOR PLAN.pdf 25 N-A3-0 - BUILDING ELEVATIONS.pdf 22 N-A2-0 - 1ST FLOOR PLAN.pdf 31 S-A2-2 - 3RD FLOOR PLAN.pdf 32 S-A3-0 - BUILDING ELEVATIONS.pdf 29 S-A2-0 - 1ST FLOOR PLAN.pdf 30 S-A2-1 - 2ND FLOOR PLAN.pdf Report compiled on: July 19, 2022 13 14 15 Narrative - Page 1 of 10 |UNIVERSITY CROSSING| S. 19th Ave & Kagy Blvd Bozeman, Montana (concurrent with CUP ground level residences) (concurrent with Z13174 Site Plan MOD) (concurrent with Annexation #21152) Project Narrative The proposed buildings have apartments on all three levels. This project is requesting a CUP for conditionally allowing main level residential units. The proposed buildings have residential uses on the main level, however the buildings will be designed so the main level represents a more commercial appearance on the ends of the buildings that face the streets and constructed with a higher second floor level floor is may easily be converted to commercial uses in the future. Site plan with CUP for residential on main level. Lot 1A, Minor Subdivision 503A property located near S. 19th Ave and Kagy Blvd is planned to be developed with (2) three story buildings. North Building approx. 21,280 sq. ft. SF, South Building approx. 28,410 SF containing 59 one-bedroom apartments. The site is located in the community commercial designation area and zoned B-2. Departures/Deviation: This project is requesting a deviation to the code. See below city comments and response to Section 3 – Required Code Corrections BMC 38.520.030.C. Noticing Checklist: See Documents Folder Traffic Study: See Documents Folder CIL of Parkland: We propose Improvements-in-lieu to Spanish Peaks Park. No proposed park on the site. See AC5.0 Spanish Peaks Park Improvements drawing sheet for proposed improvements. The type of improvements proposed on the park are focused toward tenant uses. See bid estimate for improvements is included in the documents folder. Weed Maintenance Plan: No Weed Maintenance Plan has been provided because we are developing 100% of the site. Exempt Wells/ CIL Water Rights: No exempt wells proposed for irrigation. CIL of water rights is expected to be paid for irrigation needs in addition to building use, see documents folder (CIL of water rights Memo). Storm Detention: This project will propose underground storm detention systems. The site is planned to be filled to raise grade as well Access Easement: Common Lot access easement will be executed for vehicular access on a shared property boundary. Concurrent Construction: See documents folder for CRF and Memo Phasing: No Phasing Plan has been provided because both buildings will be constructed together with separate building permits for North and South buildings along with accessory structures. NCOD: No neighborhood conservation districts 16 Narrative - Page 2 of 10 See A0.0 Site Cover for the following: Zoning Permitted Use Maximum Lot Coverage Maximum Building Height Block Frontage Setbacks Parking Required Bike Parking Open Space Parkland SITE PLAN SUBMITTAL CITY COMMENTS: (with Applicant comments) Section 2 – Conditions of Approval & Advisory Comments Please note that these conditions are in addition to any required code provisions identified in this report. The following conditions are specific to the development: 1. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. The Site Plan approval cannot be approved until the Crowley Fleck Building Modification (21321) is approved. 3. Prior to final plan approval, the western property line subdivision annexation and subdivision exemption must be finalized to ensure applicant has ownership and control over the entire proposed site limits. 4. The Cash-in-lieu Water Rights (CILWR) contribution must be paid to the City in full prior to final plan approval. 5. The Development Review Committee reviewed your request for concurrent construction and is likely in support of this request, however, be advised that in order for concurrent construction to be approved the requirements within 38.270C.1.c.(1) and as stated hereafter, must be met: Any required on-site or off-site extensions of water mains sewer mains, stormwater system, or streets to be dedicated to the public: must be located entirely within publicly held easements or rights-of-way; must serve only a single lot; are the subject of an irrevocable offer of dedication to the city upon completion of the project; the development is under the control of a single developer who must retain control of the entire project until final completion; all work is under the supervision of a single general contractor; and no subdivision of land is involved. Section 3 – Required Code Corrections Community Development Department, Development Division, Lynn Hyde, lhyde@bozeman.net, 406-579-1471 1. Site Plan Comments  BMC 38.400.090.C.3.b.(1) Two way drive access must be a minimum of 24 feet and one-way drive access must be a minimum of 16 feet. Confirm you are meeting these dimensions in all areas of the parking. Dimensioned drive, see AC2.1 Architectural Site Plan  BMC 38.510.030.C Landscape Block Frontage (Kagy) As you have noted, the 17 Narrative - Page 3 of 10 landscape block frontage applies to Kagy. The landscape block frontages requires a minimum 10’ buffer of landscaping between the street and off street parking areas. Please increase your landscaping to meet this standard. Updated 10’ buffer of landscaping in this area, see AC2.1 Architectural Site Plan  BMC 38.520.030.C. Light and air access and privacy alongside rear property lines Buildings or portion thereof containing multi-household dwelling units whose only solar access (windows) is from the applicable side of the building (facing towards the side property line) must be set back from the applicable side or rear property lines at least 15 feet. The internal units on the southern building appear to only receive their solar access (windows) from the side of the building facing the side property line, thus requiring the 15’ setback. See below image for the units I’m referring to. While I’ve highlighted the units on the 3 rd floor, this applies to these internal units on all floors. Updated these four units at all levels to allow light and air on North/South walls of each bedroom exterior wall. We are asking for a deviation to the code to allow this design to be approved, see architectural plans and elevations sheets S-A2.0, S-A2.1, SA2.2, and SA3.0  BMC 38.520.040.C.2. Sites with residential units. Provide direct pedestrian access between all ground related unit entries and a public street or to a clearly marked pathway network or open space that has direct access to a public street. A pedestrian route needs to be provided that connects the southern portion of the site to S 19th Ave including marked crosswalks where the route crosses a vehicular access area. This comment was also provided in the Modification application. Updated pedestrian access to adjacent property to provide pedestrian route to S 19th Ave., see AC2.1 Architectural Site Plan  BMC 38.520.070.C.2. The sides and rear of service enclosures must be screened with landscaping at least five feet wide in locations visible from the street, parking lots, and pathways to soften views of the screening element and add visual interest. Current site plan is not meeting this requirement. Updated trash enclosure design with landscaping buffer, see AC2.1 18 Narrative - Page 4 of 10 Architectural Site Plan & L104 Landscape Site Plan  BMC 38.570.040.F.2. Poles supporting lighting fixtures for the illumination of parking areas and located directly behind parking spaces must be placed a minimum of five feet outside the paved area or on concrete pedestals at least 30 inches high above the pavement, or suitably protected by other approved means. Current site plan is not meeting this requirement. Updated design of poles to have bases at all locations, see AC2-4 - Photometric Details, pole base detail  Submit a site photometric plan that shows the footcandles and extends the information across the entire site (all the way to the property lines) so staff can ensure it is meeting the requirements of 38.570. See AC2.3 Photometric Site Plan Parks, Matthew Lee, mjlee@bozeman.net, (406) 582-2339  Cash-in-lieu of Parkland (CILP) appraisal value is currently $2.07 PSF (effective June 22, 2021). Final CILP appraisal value is determined at the time of final plan approval.  For providing CILP, please provide written justification as a separate document per Resolution 4784 See Documents CIL of Parkland Calc. and Park Improvements Estimate  Provide parkland calculations within the Park Plan narrative. Calculation for IILP provided in 12-1 Park IILP Estimate is different than the estimate in A0-0 Cover Sheet. o Design & Installation is not counted towards IILP – only the cost of the pavilion is included as IILP. Please adjust the IILP estimate. See Documents CIL of Parkland Calc. and Park Improvements Estimate o Resolution 4784 excerpt regarding IILP:  All parkland proposals are reviewed by the Rec and Park Advisory Board or its Subdivision Review Committee and approved by the City Commission at formal Site Plan submittal. Engineering Division, Cody Flammond, cflammond@bozeman.net, (406) 582-2287 19 Narrative - Page 5 of 10 Stormwater 1. BMC 38.410.080 D. Grading and Drainage – Stormwater ponds/facilities serving multiple lots in separate ownership must not be located on private lots or public rights of way. a. The applicant has proposed eliminating the common open space lot defined for shared storm water and using this lot as development space. i. The common open space lot must be redefined using the minor subdivision process into developable space; and ii. Because the common open space lot is being eliminated, the site storm water must be contained and treated per city requirements (BMC 40.074.700 (A)/DSSP Section II (B) - Storm Drainage Plan) for each individual lot in the development. The common open space lot is not going to be removed. The common open space will continue to be used as shared storm water, the proposed change is serving as an underground storm water system with shared parking on the surface for adjoining lots. 2. DSSP Section IV (C)(5) - The use of sidewalk chases is discouraged, and their use is limited to situations where it is not possible to use standard inlets and piping. Standard Inlets have been proposed for the Kagy Boulevard improvements/expansion. a. The applicant must use a standard inlet and piping for the collection and conveyance of drainage from Kagy Boulevard to Retention Pond 1. Standard Inlets have been proposed for the Kagy Boulevard improvements/expansion. 3. Stormwater Management Design Report a. In Appendix D- Groundwater Monitoring Results, the monitoring well depths are reported as being between 2 and 2.25 feet below ground surface, but the groundwater depths are reported as being between 6.08 and 7.9 feet below ground surface. The applicant must revise the sheets to report the actual depth of the wells. The “well depths” in the Groundwater Monitoring spread sheet is the perforated PVC pipe height from ground surface to top of the pipe above the ground. The groundwater monitoring has been updated with the surveyed elevations of the surrounding ground surface and top of monitoring well to more accurately estimate the true ground water depth. Groundwater depth values have been updated in the stormwater design report. b. The geotechnical report provided states the seasonal high groundwater is approximately three and one half feet below ground surface. The applicant must demonstrate that adequate storage will be available above the seasonal high groundwater level to meet the water quality and quantity standards. See Documents: updated Stormwater Management Design Report last page regarding the depth the SHGW and the groundwater monitoring that was 20 Narrative - Page 6 of 10 done on the site. The update site plan provides adequate storage above SHGW. c. Drainage Area 5 needs to include the entire area to be improved that will drain to Retention Pond 1. The improvements to Kagy Boulevard have been divided in to two drainage areas that will drain two underground retention chambers. The drainage areas include the entirety of the Kagy and 19th ROW that will drain to the proposed chambers. d. The applicant must demonstrate how stormwater drainage is managed for Kagy Boulevard east of the current Drainage Area 5 boundary. The improvements to Kagy Boulevard have been divided in to two drainage areas that will drain two underground retention chambers. The drainage areas include the entirety of the Kagy and 19th ROW that will drain to the proposed chambers. e. The applicant must provide the regulatory reference for using an infiltration rate of 26 inches per hour or provide onsite infiltration test results. Falling Head Percolation Tests have been performed near the proposed infiltration chamber locations and included in the updated Stormwater Management Report. f. DSSP Section II (A)(4) Water Quality - The applicant must include a drainage plan with post-construction storm water management controls that are designed to infiltrate, evapotranspire, and/or capture for reuse the post-construction runoff generated from the first 0.5 inches of rainfall from a 24-hour storm preceded by 48 hours of no measurable precipitation. For projects that cannot meet 100% of the runoff reduction requirement, the remainder of the runoff from the first 0.5 inches of rainfall must be either: a. Treated onsite using post-construction storm water management control(s) expected to remove 80 percent total suspended solids (TSS); b. Managed offsite within the same sub-watershed using post-construction storm water management control(s) that are designed to infiltrate, evapotranspire, and/or capture for reuse; or c. Treated offsite within the same subwatershed using post-construction storm water management control(s) expected to remove 80 percent TSS. i. The applicant must meet the water quality requirement in Drainage Area 4 for the entire Drainage Area 4 area. This item is noted. The proposed Drainage Area 4 has been subdivided and renamed to new drainage areas. These areas will now drain to two proposed retention ponds on the west side of the property. 4. DSSP Section II (B) Stormwater Facility Maintenance Plan a. The applicant must identify who owns the facilities. This is noted. The Stormwater Facility Maintenance Plan has been provided both for the subdivision facility located in Open Space 1 (owned and maintained by the property owners association and the on-site stormwater facilities (owned and maintained by the Lot 1A-1 owners) 21 Narrative - Page 7 of 10 b. The applicant must separate the maintenance of the retention pond from the Stormtech system maintenance. This item is noted. The maintenance for different stormwater facilities have been separated in the plan. i. Maintenance for each facility shall be adequately addressed in the Stormwater Facility Maintenance Plan. Noted c. The applicant must fill in the subdivision number blank. Water Rights Will be filled in with the amended Plat 1. BMC 38.410.130 (A) (1) Water rights – Cash-in-lieu of water rights for 7.32 AF at $6,000/AF, $43,896 (per Griffin Nielsen) must be paid prior to site plan approval. Water and Wastewater 1. The water demand memorandum states that a three-inch service line will be used for the north building but the plans shown a four-inch service line will be used. The applicant must clarify what size service will be used. Four inch services will be used then reduced to a 3 inch meter 2. DSSP Section (V)(A) Water Design Report - A water design report must be prepared by a professional engineer for the proposed project and submitted for review. The water distribution system must be designed to meet the maximum day demand plus fire flow and the peak hour demand. A water and sewer design report has been provided showing adequate capacity for the domestic water demand and fire demand. Sanitary Sewer flow estimates and system design have been included in the report. 3. DSSP Section (V)(B) Wastewater Design Report - A wastewater design report must be prepared by a professional engineer for the proposed project and submitted for review. The wastewater system must be designed to meet the peak hour flow plus infiltration. A water and sewer design report has been provided showing adequate capacity for the domestic water demand and fire demand. Sanitary Sewer flow estimates and system design have been included in the report. Transportation 1. BMC 38.400.070 Street Lighting - City standard street lights are required along the frontage of Kagy Boulevard, per the arterial spacing requirements. The street lighting must shown on the site plan. Infrastructure plans for the construction for the street lights must be submitted to the City Engineering Department per the Design Standards and Specifications Policy Manual. The street lights must be part of an SILD prior to occupancy of the proposed project. 22 Narrative - Page 8 of 10 A street lighting photometric plan has been provided with the resubmittal, see Documents: Roadway Lighting Improvement 2. BMC 38.400.060 Street Improvement Standard – Kagy Boulevard is classified as a principal arterial street. Development of the Site requires the improvement of this street along the Site’s frontage to City standards, including proper drainage, dedication of right-of-way (ROW), pavement, detached sidewalks, landscaped and irrigated boulevard strip, trees within the boulevard, curb and gutter and proper access points into the Site. a. The applicant must improve Kagy Boulevard from 19th Avenue to the development’s western boundary. Site design complies, see L101 – Overall Landscape Plan 3. BMC 38.220.060 (A)(12) Traffic Generation - A traffic impact study will be required for the proposed development which will need to discuss how much daily traffic will be generated on existing local and neighborhood streets, roads and alleys, when the subdivision is fully developed. a. The submitted traffic impact study is missing the appendices. The applicant must submit the traffic impact study appendices. See Documents TIS 4. BMC 38.400.100 Street Vision Triangle- No fence, wall or planting in excess of 30 inches above the street centerline grades is permitted within a street vision triangle. The applicant must show the street vision triangles for all street intersections and accesses. The street vision triangle has been more clearly labeled and updated to match the realigned drive access. 5. BMC 38.400.110 (A) Transportation Pathways - Pathways must be installed in accordance with this chapter, the growth policy, the most recently adopted long- range transportation plan, any adopted citywide park plan, and any adopted individual park master plan, and must comply with City of Bozeman Design Specifications. a. The applicant must show the feasibility for expanding the ten-foot wide shared use pathway along Kagy Boulevard to 14-foot wide. 10’ pathway is shown. A 14’ wide pathway could take up most of the 15’ wide public street and utility easement. b. The applicant is advised that concrete is the preferred surfacing for the shared use pathway, but asphalt is allowed. Noted Waiver of Right to Protest Creation of Special Improvements Districts 1. The applicant must revise the Waiver of Right to Protest Creation of Special Improvements Districts as shown on the attached redlined document. Concurrent Construction 1. BMC 38.270.030.C.1 - To achieve building permit approvals prior to completion of the public infrastructure improvements associated with the 23 Narrative - Page 9 of 10 development, the applicant must follow BMC 38.270.030.C.1 options b and c. The following items must be in place prior to building permit approval as can be seen in 1 through 4 of Subsection c. a. All easements for the infrastructure must executed. b. An irrevocable offer of dedication must be delivered to the Engineering Division. c. Approval from the Fire Department (Scott Mueller) to simultaneously construct the infrastructure and private development. This approval must be sent to the Engineering Division. d. Infrastructure approval must be provided by the City Engineering Division and the state. 2. Irrevocable Offer of Dedication a. The applicant must revise the document to place the signature and notary on the same page. b. The applicant must revise the application number to 21327. c. The applicant must insert the dates of site plan approval and infrastructure plans with the final submission of the document. Watercourse Setback 1. BMC 38.410.100 (A)(2)(d) - No newly constructed residential or commercial structure, addition to an existing structure, fence, deck, fill material (other than that required for exempt uses), parking lot or other impervious surfaces, or other similar improvements may be located within required watercourse setbacks, unless approved through, and in conformance with, a variance or deviation process as authorized in this chapter. a. The applicant must not place fill in the watercourse setback. This item is noted. The grading has been revised to meet existing grades at the edge of the Zone 2 setback. Exposed foundation walls along the west sides of the proposed building will be utilized to prevent grading into the Zone 2 setback. NorthWestern Energy; Kory Graham, Kory.Graham@northwestern.com  See comments submitted 3-17-21 DRC meeting.  Civil Site Plan shows gas and electric meter location on the east side of the building on the north side and inside a breezeway of the south building. The needed width between buildings when installing meters is a minimum of 10 feet wide. The building elevation views for the north building does not show the proposed gas and electric meter location. If each unit will be metered separately then, with 23 units for the north building and 36 units for the south building, the area for the installation of 23 & 36 electric and 23 & 36 gas meters will require a substantial amount of wall space. As stated in previous comments, gas meters can only be stacked two high. With 23 gas maters there will need to be 11 meters on the top row and 12 gas meters on the bottom row. Length of wall space needed would be between 18 ft to 20 ft in length & 5 ft high. With 36 gas meters will require 18 gas meters on the top row and 18 gas meters on the bottom row. Length of wall space needed would be between 28 ft to 30 ft in length & 5 ft high. Electric gear and electric meters will need to be installed within the same location as the gas meters with the required separation. Electric meters can be stacked up to 4 meters high. See Sheets N-A7.0 Details and S-A7.0 Details for gas and electric meter 24 Narrative - Page 10 of 10 designs for both buildings.  Submit an application online to have the NWE project engineer work with the applicant. See Documents NWE Application submitted Memo Go to www.northwesternenergy.com/construction to apply online Montana Construction Application, and access Montana New Service Guide to provide information on electric and gas service requirements. Once an application is submitted the NWE project engineer will be in contact with the applicant. Solid Waste Division; Russ Ward, rward@bozeman.net, 406-582-3235 1. Roof of enclosure may not overhang the enclosure opening to allow for truck access. Updated the roof design, See AC3.0 Refuse Enclosure, Site Details 2. Doors must swing open minimum of 180 degrees. The current plan shows parking to the right of the enclosure if a car is in that spot doors cannot open 180 degrees to allow truck access. Updated enclosure site layout, See AC2.1 Architectural Site Plan Fire Department; Scott Mueller, smueller@bozeman.net Vehicular access and site layout appear acceptable at this time. Water Conservation Division; Chelsey Trevino, ctrevino@bozeman.net See attached advisory comments. Attachments: 1. Engineering review comments 2. Water Conservation advisory memo. 25 PROJECT TEAM ARCHITECT LOCATI ARCHITECTS 1007 E. MAIN ST. SUITE 202 BOZEMAN, MT 59715 CONTACT: THOMAS BROWN (P) 406-587-1139 (E) THOMAS@LOCATIARCHITECTS.COM CIVIL ENGINEER C & H ENGINEERING AND SURVEYING INC. CONTRACTOR 1091 STONERIDGE DR. BOZEMAN, MT 59718 CONTACT: DREW KIRSCH (P) 406-587-9768 (E) DKIRSCH@CHENGINEERS.COM DICK ANDERSON CONSTRUCTION 3424 HWY 12 EAST HELENA, MT 59601 CONTACT: KIRK SCHEEL (P) 406-441-3530 (E) KSCHEEL@DACONSTRUCTION.COM CONTACT: DEREK DIDRIKSEN (P) 406-441-3530 (E) DEREK@DACONSTRUCTION.COM LANDSCAPE DESIGN RED BARN MONTANA 3084 THORPE ROAD BELGRADE, MT 59714 CONTACT: CHAD REMPFER (P) 406-539-7030 (E) CHAD@REDBARNMONTANA.COM PARKLAND CALCULATIONS: B-2, 0.03 AC OR EQUIVALENT, MAX REQ'D DEDICATION PER ACRE IS 12 UNITS TOTAL LOT SIZE: 86,412 S.F. -8,019 SF (WETLANDS ANNEX) -6,721 S.F. (RIGHT OF WAY) = 71,672 (1.65 ACRES) 1.65 ACRES x 12 UNITS PER SQUARE ACRE = 19.8 DWELLING UNITS x 0.03 ACRES REQ'D PARKLAND = 0.594 ACRES REQ'D (25,875 SF) CASH-IN-LIEU: APPRAISAL VALUE ($2.07/SF) x 25,875 SF = $53,561.25 DUE IMPROVEMENTS-IN-LIEU OF PARKLAND, PROVIDE $53,561.25 OF IMPROVEMENTS TO SPANISH PEAKS PARK LOCATED AT 2220 REMINGTON WAY. PARKLANDS PROPERTY OWNER 19TH CAPITAL GROUP, LLC LEGAL DESCRIPTION BUILDING INFORMATION LOT 1A, MINOR SUBDIVISION 503A, SE 1/4 OF SECTION 14, T. 2 S., R. 5 E. OF P.M.M 19 LARIAT LOOP BOZEMAN, MT 59715-9200 CONTACT: DAN HITCHCOCK (P) 406-223-7957 (E) DANHITCHCOCK@MSN.COM SQUARE FOOTAGE NORTH BUILDING: MAIN LEVEL: 6,977 SF 2ND LEVEL: 7,209 SF 3RD LEVEL: 7,209 SF TOTAL: 21,395 SF SOUTH BUILDING: MAIN LEVEL: 9,482 SF 2ND LEVEL: 9,385 SF 3RD LEVEL: 9,385 SF TOTAL: 28,252 SF PROPERTY ADDRESSES: XXXX KAGY BLVD. & XXXX KAGY BLVD. BOZEMAN, MT 59718 SITE INFORMATION SITE AREA: 1.90 ACRES 82,856 SF 49,647 SF FAR: 0.60 BUILDINGS: 20,836 SF DRIVE/PARK: 36,362 SF SEMIPUBLIC LAND: 3,062 SF LANDSCAPE: 22,596 SF LOT AREA PERCENTAGES 25% 43% 4% 27% 59 1.9 -(0.070) = 32.24 NET RESIDENTIAL DENSITY:PROJECT GROSS SF: SITE B-2 ZONING CITY LIMIT STRUCTURES SETBACK:PARKING & LOADING SETBACK: REAR 10’REAR 10’ SIDE YARDS 5’SIDE YARDS 8’ MAXIMUM BUILDING HEIGHT: 50' AT 3:12 OR LESS ROOF PITCH. 60' AT 3:12 OR GREATER ROOF PITCH. MAIN LEVEL TO HAVE MINIMUM 13' CEILINGS & RETROFITTABLE TO ACCOMMODATE COMMERCIAL USES. ALLOWED USES: APARTMENTS & APARTMENT BUILDINGS PERMITTED ON FLOORS OTHER THAN MAIN LEVEL CONDITIONAL USE ON MAIN LEVEL. B-2 ZONING -COMMUNITY BUSINESS DISTRICT ACTUAL BUILDING HEIGHT (5:12 PITCH): NORTH BUILDING: 48' 7" SOUTH BUILDING:47' 2" VEHICULAR: NORTH BUILDING = (23) 1 BEDROOM UNITS SOUTH BUILDING = (36) 1 BEDROOM UNITS TOTAL: (59) 1 BED UNITS x 1.5 PARKING SPACES = 88.5 PARKING SPACES REQUIRED 90 PARKING SPACES PROVIDED PARKING BIKE: 89. x10% = 9 BIKE PARKING SPACES REQUIRED BIKE PARKING EXCEEDS REQUIREMENTS: • 18 COVERED OUTDOOR BIKE PARKING SPACES • 22 UNCOVERED OUTDOOR BIKE PARKING SPACES • 46 (2) WALL HANGING BIKE STORAGE WITHIN EACH UNIT IN NORTH BUILDING • 36 (1) WALL HANGING BIKE STORAGE WITHIN EACH UNIT FOR SOUTH BUILDING REQUIREMENTS: 100 SF OPEN SPACE x (59)1 BEDROOM UNITS = 5,900 SF REQ'D. OPEN SPACE PROVIDED: OPEN SPACE PROVIDED = 3,000 sf 59 UNITS PRIVATE 60 SF BALCONY = 3,540 (UP TO 50% PRIVATE)= 2,900 sf TOTAL OPEN SPACE PROVIDED = 5,900 sf THE BUILDING AND RESPECTIVE SITE DEPICTED BY THE FOREGOING DRAWINGS HAS BEEN DESIGNED TO MEET ALL ACCESSIBILITY REQUIREMENTS UPHELD BY THE STATE AND MUNICIPAL JURISDICITIONS IN WHICH THEY WILL OPERATE. MIXED BLOCK FRONTAGE ALONG KAGY: -BUILDING PLACEMENT IS OVER 10' FRONT SETBACK -NORTH BUILDING ADDRESSES KAGY WITH >3' COVERED ENTRANCES FRONTING KAGY -TRANSPARENCY FOR RESIDENTIAL USES ARE OVER 15% OF ENTIRE FACADE SPECIAL RESIDENTIAL BLOCK FRONTAGE STANDARDS ALONG SIDEWALKS AND INTERNAL PATHWAYS: BLOCK FRONTAGE BMC 38.510.030.J -(A.) RAISED DECK OR PORCH OPTION- BOTH BUILDINGS GROUND LEVEL ARE DESIGNED AT 1 FOOT ABOVE GRADE WITH PROPER PATIO DIMENSIONS, PATIOS ARE SCREENED WITH 2 FEET HIGH LANDSCAPING WALLS, AND WITH PERMITTED NATURAL LANDSCAPING BUFFERS. PROJECT NAME: COPYRIGHT LOCATI ARCHITECTS L.L.C. 2021 ALL RIGHTS RESERVED PROJECT NAME PROJECT NUMBER 1007 EAST MAIN SUITE 202 B O Z E M A N, M T 5 9 7 1 5 4 0 6 - 5 8 7 - 1 1 3 9 F A X 5 8 7 - 7 3 6 9 DATE SP RESUBMIT 04-13-22 UNIVERSITY CROSSING S 19TH AVE & KAGY BLVD, BOZEMAN MT UNIVERSITY CROSSING 1930 ---- UNIVERSITY CROSSING INDEX OF DRAWINGS C1.0 - OVERALL SITE PLAN C2.0 - SITE LAYOUT C3.0 - CIVIL UTILITIES DETAILS C4.0 - CIVIL GRADING & DRAINAGE C5.0 - CIVIL DETAILS C5.1 - CIVIL DETAILS C5.2 - CIVIL DETAILS L101 - OVERALL LANDSCAPE PLAN L102 - PLANT SCHEDULE L103 - NORTH LANDSCAPE PLAN L104 - SOUTH LANDSCAPE PLAN L201 - LANDSCAPE DETAILS N-A2.0 - NORTH BUILDING MAIN LEVEL FLOOR PLAN N-A2.1 - NORTH BUILDING SECOND LEVEL FLOOR PLAN N-A2.2 - NORTH BUILDING THIRD LEVEL FLOOR PLAN N-A3.0 - NORTH BUILDING COLOR ELEVATIONS N-A5.0 - NORTH BUILDING ROOF PLAN N-A6.0 - NORTH BUILDING SECTION N-A7.0 - DETAILS S-A2.0 - SOUTH BUILDING MAIN LEVEL FLOOR PLAN S-A2.1 - SOUTH BUILDING SECOND LEVEL FLOOR PLAN S-A2.2 - SOUTH BUILDING THIRD LEVEL FLOOR PLAN S-A3.0 - SOUTH BUILDING COLOR ELEVATIONS S-A5.0 - SOUTH BUILDING ROOF PLAN S-A6.0 - SOUTH BUILDING SECTION S-A7.0 - DETAILS - CIVIL - - ARCHITECTURAL - - LANDSCAPE - A0.0 - COVER AC2.0 - EXISTING SITE PLAN AC2.1 - ARCHITECTURAL SITE PLAN AC2.3 - PHOTOMETRIC SITE PLAN AC2.4 - PHOTOMETRIC DETAILS AC3.0 - REFUSE ENCLOSURE, SITE DETAILS AC3.1 - BBQ STATIONS, SITE DETAILS AC3.2 - BBQ SHED STATION AC4.0 - MATERIAL BOARD AC5.0 SPANISH PEAKS PARK IMPROVEMENTS - ARCHITECTURAL SITE - PARKLAND CALCULATIONS VICINITY MAP PROJECT INFORMATION OPEN SPACE PARKING ADA ACKNOWLEDGEMENT BLOCK FRONTAGE 26 PROPERTY LINELOT 2ALOT 3LOT 1APROPOSED IRRIGATION WELLPROPOSED OPENSPACE, 3,000 SFPROPOSED CURBEXISTING EDGE OF ROADEXISTING LIGHT POLES TO BERELOCATED OUT OF NEW PATHWAYNORTHSCALE: 1"=20'-0"SITE PLANNEW CURB TO KAGYREPLACE TRUNCATED DOMEPROPOSED CURBACCESSABLE TRAIL,PLOWED AND CLEAREDALL YEAR6AC3.2XXX AC2.1 MT SHEET NUMBER INFORMAL REVIEW ISSUE PROJECT / OWNER S 19TH AVE & KAGY BLVD, BOZEMAN 2/8/21 DATE 406-587-1139 FAX 587-7369 ARCHITECT 1007 E. MAIN SUITE 202 BOZEMAN MONTANA LOCATI ARCHITECTSJOB No.UNIVERSITY CROSSING 1930 SITE PLAN 8/2/21 RFPs 7/6/21 SP RESUBMIT 12/22/21 SP RESUBMIT 4/13/22 27 JERRY D.LOCATI1543S ATAT E O F MONT A NLTICE NSED A R C H ITECJJOOBB NNoo..SSHHEEEETT NNUUMMBBEERRPPRROOJJEECCTT // OOWWNNEERRAARRCCHHIITTEECCTTLLOOCCAATTII AARRCCHHIITTEECCTTSS1007 E. MAIN SUITE 202 BOZEMAN MONTANA406-587-1139 FAX 587-7369COPYRIGHT LOCATI ARCHITECTS P.L.L.P.2020 ALL RIGHTS RESERVEDPPRROOJJEECCTT MMGGRR11993300UNIVERSITY CROSSINGS 19TH AVE & KAGY BLVD, BOZEMAN MTAACC44..00MMAATTEERRIIAALL BBOOAARRDDXXXXXXXXXXISSUE#DATESSIITTEE PPLLAANN SSEETT2288--0022--2211IINNFFOORRMMAALL RREEVVIIEEWW110022//0088//2211SSPP RREESSUUBBMMIITT331122--2222--2211BRICKASPHALT SHINGLES CROSSWALK EXTERIOR DECORATIVE LIGHT EXTERIOR DECORATIVE LIGHT BIKE RACK BALCONY AT TYPICAL UNIT PATIO WALLS AT GROUND LEVEL ENTRYWINDOW 1DOOR FASCIA AND SOFFITS WINDOW 2 HORIZONTAL METAL SIDING METAL ROOFINGVERTICAL METAL SIDING (22 GAUGE) (22 GAUGE) 28 REMINGTONWAYN 22ND AVENUE133AC5.0NEW COVERED PICNIC STRUCTURECLCL18' - 6"AC5.02EXISTING PARKCLCL18' - 6"EXISTING LIGHT POLE TO BE RELOCATEDNEW STRUCTURE TO HAVE CEILING MOUNTED LIGHTS ON A SCHEDULED TIMERNEW LIGHT POLE LOCATIONEXISTING CONCRETE PATIO, TABLES, BENCHES, & GRILLS12" SONOTUBE PIERSHSS 6X6X1/4 COLUMNHSS 10X10x1/4 PLINTH9' - 0"1/2" WELDEDSTEEL CAPEXISTING 6" CONCRETESLAB BEYONDAC5.04STANDING SEAM METAL ROOFING, BLACKHSS 10X4X1/4 HSS 6X6X1/4 COLUMN1-1/2" METAL PAN DECKCAP ENDS AT ALL HSS MEMBERSJOB No.SHEET NUMBERPROJECT / OWNERARCHITECTLOCATI ARCHITECTS1007 E. MAIN SUITE 202 BOZEMAN MONTANA406-587-1139 FAX 587-7369COPYRIGHT LOCATI ARCHITECTS P.L.L.P.2020 ALL RIGHTS RESERVEDPROJECT MGR1930UNIVERSITY CROSSINGBOZEMANMONTANAAC5.0SPANISH PEAKS PARKIMPROVEMENTSNORTHSCALE: 1/8" = 1'-0"PARK PLANSCALE: 1/4" = 1'-0"SOUTH ELEVATIONSCALE: 1/4" = 1'-0"AC5.0SECTION3DETAILSCALE: 1" = 1'-0"AC5.0REF: 3 / AC5.0(PARK STRUCTURE DETAIL)4ISSUE#DATESITE PLAN SET18-2-21SCALE: 1/4" = 1'-0"PARK IMAGE29 CONIFERSQTYBOTANICAL / COMMON NAMECONTCALSIZEMATURE SIZEDROUGHT TOLERANT13Juniperus scopulorum `Medora` / Medora Juniper10 gal4-6`10-12`Yes4Pinus nigra / Austrian Black PineB & B8`-10`40`-50`YesDECIDUOUS TREESQTYBOTANICAL / COMMON NAMECONTCALSIZEMATURE SIZEDROUGHT TOLERANT10Acer platanoides `Emerald Lustre` / Norway MapleB & B1.5"-2.0"50`-60`Yes5Acer platanoides `Emerald Queen` / Emerald Queen MapleB & B1.5"-2.0"50`-60`Yes2Celtis occidentalis / Common HackberryB & B1.5"-2.0"30`-40`Yes18Populus tremuloides / Quaking AspenB & B1.5"-2.0"35`-45`No2Prunus nigra `Princess Kay` / Princess Kay Plum15 gal1.5"-2.0"15-20`Yes3Prunus virginiana `Shubert` / Canada Red CherryB & BClump20-30`Yes3Tilia mongolica `Harvest Gold` / Harvest Gold LindenB & B1.5"-2.0"30`-40`Yes10Ulmus davidiana japonica `Discovery` / Discovery ElmB & B1.5"-2.0"40`-50`YesSHRUBSQTYBOTANICAL / COMMON NAMESIZEMATURE SIZEDROUGHT TOLERANT2Acer tataricum `Hot Wings` / Hot Wings Tatarian Maple5 gal10-15`Yes9Amelanchier alnifolia `Regent` / Saskatoon Serviceberry5 gal4-6`Yes7Cornus sericea `Isanti` / Isanti Redosier Dogwood5 gal5`-6`No57Cotoneaster acutifolius lucidus / Hedge Cotoneaster5 gal6-8`Yes19Juniperus sabina `Buffalo` / Buffalo Juniper5 gal6-12"Yes2Picea pungens `Globosa` / Dwarf Globe Blue Spruce5 gal4`-5`Yes4Pinus mugo `Pumilio` / Mugo Pine5 gal5`-6`Yes5Rhus aromatica `Gro-Low` / Gro-Low Fragrant Sumac5 gal2`-3`Yes21Ribes alpinum / Alpine Currant5 gal4`-5`Yes21Ribes alpinum `Green Mound` / Green Mound Alpine Currant5 gal2`-3`Yes17Rosa x `Nearly Wild` / Nearly Wild Rose5 gal2`-3`Yes19Spiraea betulifolia `Tor` / Tor Birchleaf Spirea5 gal2`-3`Yes39Spiraea japonica `Goldflame` / Spirea5 gal2`-3`Yes33Spiraea x bumalda `Little Princess` / Little Princess Spirea5 gal3`-4`Yes7Symphoricarpos albus / Common White Snowberry5 gal4`-5`Yes30Syringa meyeri `Palibin` / Dwarf Korean Lilac5 gal4`-5`YesANNUALS/PERENNIALSQTYBOTANICAL / COMMON NAMESIZEMATURE SIZEDROUGHT TOLERANT4Echinacea purpurea / Purple Coneflower1 gal6Leucanthemum maximum `Becky` / Shasta Daisy1 galGRASSESQTYBOTANICAL / COMMON NAMESIZEMATURE SIZEDROUGHT TOLERANT72Calamagrostis x acutiflora `Karl Foerster` / Feather Reed Grass1 gal27Helictotrichon sempervirens `Blue Oats` / Blue Oat Grass1 galGROUND COVERSQTYBOTANICAL / COMMON NAMECONT6,757 sfPoa pratensis / Kentucky BluegrasssodPLANT SCHEDULESLIGHTLY HIGHER THAN GRADE AND WITH THE TREE COLLAR EXPOSED. THE HOLENATIVE SEED MIX:SLENDER WHEATGRASS25%WESTERN WHEATGRASS10%THICKSPIKE WHEATGRASS10%MOUNTAIN BROME13%NEVADA BLUEGRASS15%BLUEBUNCH/SNAKE RIVER WHEATGRASS25%BLUE FLAX2%SEEDING RATE:DRILL SEED 8-10LBS/ACREBROADCAST SEED 16-20LBS/ACRESOURCE: CIRCLE S SEEDS OF MONTANA INC.: 406-285-3269RIPARIAN SEED MIX (DETENTION/RETENTION BASIN):SLENDER RUSH .5 LBS PER ACREWATER SEDGE 1.0 LBS PER ACRECREEPING SPIKE RUSH 2.0 LBS PER ACRENEBRASKA SEDGE2.0 LBS PER ACRESMALLFRUITED BULL RUSH.2 LBS PER ACREBLUE JOINTED REED GRASS.5 LBS PER ACRE IRRIGATION GENERAL NOTES1.THIS IRRIGATION PLAN IS CONCEPTUAL IN NATURE AND FINAL DESIGN SHALLBE VERIFIED BY IRRIGATION CONTRACTOR. IRRIGATION SYSTEM TO BEDESIGN/BUILD BY A PROFESSIONAL IRRIGATION CONTRACTOR PER THEREQUIREMENTS BELOW.2.A PRESSURE RELEASE VALVE/REGULATOR MAY BE NEEDED DEPENDING ON THE PSI AT POINT OF CONNECTION.3.IRRIGATION POC WILL BE A WELL NEAR THE WEST PROPERTY LINE.4.IRRIGATION DESIGN ASSUMES 25-28GPM FROM WATER SOURCE.5.CARE SHALL BE TAKEN TO ENSURE IRRIGATION SYSTEM IS INSTALLEDPROPERLY TO MINIMIZE/ELIMINATE WATER WASTE DUE TO OVER SPRAY ONTOWALKS AND PARKING LOTS.6.IRRIGATION CONTRACTOR SHALL INSTALL A RAINBIRD (OR SIMILAR) RAINSENSOR THAT WILL AUTOMATICALLY TURN OFF THE SYSTEM DURING RAINEVENTS.7.POWER SOURCE TO BE PROVIDED FOR IRRIGATION CONTROLLER ANDCOORDINATED WITH ELECTRICAL. CONTROLLER SHALL BE WEATHERBASED-RAINBIRD ESP-Me SERIES CONTROLLER WITH WR2 WEATHER SENSORAND LNK WIFI MODULE.8.ALL TURF AREAS ARE TO BE SPRAY OR ROTOR IRRIGATED. MPR NOZZLES (MULTI-TRAJECTORY OR MULTI-STREAM ROTARY) SHALL BE INSTALLED IN LAWN AREAS WHERE FEASIBLE TO MAXIMIZE EFFICIENCY. IRRIGATION SYSTEM TO BE INSTALLED WITH HEAD TO HEAD COVERAGE FOR ALL ROTOR AND SPRAY ZONES.9. TEMPORARY IRRIGATION TO NATIVE SEED AREAS TO BE SPRAY/ROTOR HEADS MOUNTED ON STAKES A MINIMUM OF 18" ABOVE GRADE. TEMPORARY IRRIGATION SYSTEM MAY BE REMOVED AFTER ONE FULL GROWING SEASON OR 80% SEED ESTABLISHMENT.1O. ALL LANDSCAPE BEDS TO RECEIVE DRIP IRRIGATION. HIGH EFFICIENCY DRIP IRRIGATION ZONES SHALL HAVE 5 GALLON/HR EMITTERS TO TREES, 2 GALLON/HR EMITTERS TO ALL SHRUBS, AND 1 GALLON/HR EMITTERS TO ALL PERENNIALS AND GRASSES. ANY TREES OR SHRUBS OUTSIDE BEDS OR LAWN AREAS (IN NATIVE GRASS) ARE TO RECEIVE DRIP IRRIGATION.11. ON THE NORTH SIDES OF STRUCTURES OR HEAVY CLAY SOILS, CARE SHALL BE TAKEN TO MINIMIZE OVER WATERING DEPENDING ON SOIL CONDITIONS AND THE SIZE OF EMITTER MAY BE REDUCED.IRRIGATION CALCULATIONS~THIS ESTIMATE ASSUMES THE SPRINKLER CONTROLLER IS PROGRAMMEDCORRECTLY AND ASSUMES A 3 TIME A WEEK IRRIGATION SCHEDULE~TOTAL ESTIMATED 16,217 GALLONS OF WATER PER MONTH (6,757 SF. TURFAREA) USED FOR ALL SPRAY/LAWN ZONES.~TOTAL ESTIMATED 3,972 GALLONS OF WATER PER MONTH USED IN THE DRIPZONES FOR THE TREES/SHRUBS PERENNIALS AND GRASSES.TOTAL ESTIMATED WATER USAGE PER MONTH FOR LANDSCAPE: 20,189 GALLONS(DOES NOT INCLUDE NATIVE SEED WHICH IS NOT PERMANENTLY IRRIGATED)AVERAGE OF 4 MONTHS PER YEAR (JUNE-SEPTEMBER)DRIP IRRIGATED LANDSCAPE AREA: 11,319 SF (45% OF LANDSCAPE AREA)IRRIGATED LAWN AREA: 6,757 SF (27% OF LANDSCAPE AREA)NATIVE SEED MIX: 5,377 SFRIPARIAN SEED MIX: 1,613 SFTOTAL LANDSCAPE AREA: 25,066 SFProject For: University Crossing Apts. S. 19th Ave. & Kagy Blvd. Bozeman, MTPlantSchedule &NotesL1022/16/21For ReviewDate Issue3084 Thorpe RoadBelgrade, Montana 59714Ph 406.924.8038alyssa@redbarnmontana.com24 x 36 Sheet7/26/21City Submittal8/06/21City Submittal12/22/21City Submittal04/11/22City Submittal30 30'-0"20'-0"KAGY BOULEVARDPROPOSED BUILDINGWATERCOURSESETBACKZONE 1W.CSETBACKZONE 2NATIVE SEEDACCESSIBLE GRAVELPROPERTY LINEPROPERTY LINEPROPERTY LINE PROPERTY LINEIRRIGATED TURFALL LANDSCAPED BEDS TO BEIRRIGATED WITH HIGH EFFICIENCYDRIP IRRIGATIONCOVEREDBIKE RACKSBIKE RACK, TYP.PROPOSED WELL LOCATIONSTEEL EDGING, TYP.STEEL EDGING, TYP.ROCK MULCH, TYP.ROCK MULCH, TYP.TRANSFORMERLIGHT POLE, TYP.BIKE PATHVISION TRIANGLESNOW STORAGEBIKE PATHWETLANDVIS ION TR IANG LEUNDERGROUNDSTORMWATERRETENTIONUNDERGROUNDSTORMWATERRETENTIONUNDERGROUNDSTORMWATERRETENTIONRETENTION POND(RIPARIAN SEEDMIX)SNOW STORAGEROCK MULCH BEDNProject For: University Crossing Apts. S. 19th Ave. & Kagy Blvd. Bozeman, MTNorthLandscapePlanL1032/16/21For ReviewDate Issue3084 Thorpe RoadBelgrade, Montana 59714Ph 406.924.8038alyssa@redbarnmontana.com7/26/21City Submittal8/06/21City Submittal12/08/21City Submittal0SCALE: feet1020301" = 10'SCALE: 1" = 10'@ 24 x 36 Sheet12/22/21City Submittal04/11/22City Submittal31 20'-0"PROPOSED BUILDINGWATERCOURSESETBACKZONE 1NATIVE SEEDACCESSIBLE GRAVEL TRAIL, SEE ARCH.ALL LANDSCAPED BEDS TO BEIRRIGATED WITH HIGH EFFICIENCYDRIP IRRIGATIONPROPERTY LINEPROPERTY LINEPROPERTY LINE PROPERTY LINEOPEN SPACESTEEL EDGINGBIKE RACK, TYP.PROPOSED WELL LOCATIONSTEEL EDGING, TYP.ROCK MULCH, TYP.STEEL EDGING, TYP.ROCK MULCH, TYP.ROCK MULCH, TYP.SNOW STORAGELIGHT POLE, TYP.BBQ AREALIGHT POLE, TYP.SNOW STORAGEIRRIGATED TURFIRRIGATED TURFIRRIGATEDTURF30'-0"20'-0"W.CSETBACKZONE 2RETENTION POND(RIPARIAN SEEDMIX)SNOW STORAGESNOW STORAGETRANSFORMERSNOW STORAGEWASTEENCLOSUREROCK MULCH BEDSTEEL EDGING, TYP.NProject For: University Crossing Apts. S. 19th Ave. & Kagy Blvd. Bozeman, MTSouthLandscapePlanL1042/16/21For ReviewDate Issue3084 Thorpe RoadBelgrade, Montana 59714Ph 406.924.8038alyssa@redbarnmontana.com7/26/21City Submittal8/06/21City Submittal12/08/21City Submittal0102030feetSCALE: 1" = 10'@ 24 x 36 Sheet12/22/21City Submittal04/11/22City Submittal32 STAKE WITH 2" WOOD TREESTAKES AND RUBBER STYLE TIES.PROVIDE SLACK IN LINE TIES.STAKES SHALL NOT PENETRATEROOT BALL.MULCH AS SPECIFIED. PULLMULCH AWAY FROM TRUNK.TREE IS TO BE PLANTED SLIGHTLY HIGHERTHAN GRADE WITH THE TREE COLLAREXPOSED1. CREATE A SAUCER AROUND TREES TO RETAIN IRRIGATION WATER.NOTES:USE PROPER PRUNINGTECHNIQUES TO REMOVE DEADOR BROKEN LIMBS, ANDCOMPETING APICAL LEADERSEXCAVATE HOLE:WIDTH = 3 x DIA. OF ROOTBALLDEPTH = HEIGHT OF ROOTBALL + 6" MIN.1L201PLANTING DETAILTREE NTSFINISH GRADE4'EDGINGAMENDED TOPSOIL BACKFILL.OVEREXCAVATE TREE WELL & PROVIDE 6"MIN. COMPACTED PLANTING SOILUNDER TREE BALL AS SHOWN1. SHRUBS TO BE PLANTED TO BEAR THE SAME RELATION TO FINISH GRADE ASORIGINALLY GROWN IN THE NURSERY.NOTES:EXCAVATED HOLE 2X DIAMETEROF ROOTBALLBACKFILL WITH AMENDED TOPSOILREMOVE ROOTCONTAINMENTMATERIALS IFPRESENTMULCH -PULL MULCHAWAY FROM STEM. MULCH3" MIN.CREATE SAUCERAROUND SHRUBPRUNE SHRUB TOREMOVE DEAD ORDAMAGED BRANCHES.2L201SHRUB PLANTING DETAIL NTS6" MIN.PERENNIALS AS SHOWN ON PLANMULCH W/ 1" SOIL PEP ORCOMPOST10" MIN. DEPTH OF PLANTINGSOIL MIXUNDISTURBED SOILNOTE:1) SPREAD PLANTING SOIL TO 10" DEPTH, ADDING AMENDMENTS INRESPONSE TO SOIL ANALYSIS TO ACHIEVE SPECIFIED SOIL NUTRIENTS,TEXTURE AND ORGANIC MATTER.3L201PERENNIAL / ORNAMENTAL GRASS PLANTING NTS4L201LANDSCAPE EDGING NTSFINISH GRADE.STEEL EDGING AS SHOWN. PRO-EDGESTEEL/ALUMINUMMULCH AS NOTED.WEED BARRIER FABRIC. LAP 6" AT JOINTS.8" STAPLES TO ANCHOR WEED BARRIER, TRIANGULARSPACING 3' O.C. AND 1' O.C. LINEAR SPACING AT JOINTS.3" MIN.WHERE STEEL EDGING INTERSECTS WITH OTHER STEELEDGING, SECURE (BOLT OR WELD) THE TWO PIECES OFEDGING TOGETHER.5L201BOULDER PLACEMENT NTSBURY BOULDERS 14 TO 13 OF THEIRHEIGHT BELOW FINISHED GRADECOMPACTED SUBGRADEPLANT BEDNOTES:1)BOULDERS ARE TO BE SET IN PLACE PRIOR TO PLANTING OR IRRIGATION INSTALLATION.2)BOULDER TO BE MONTANA MOSS ROCK3)BOULDERS TO BE IN NATURAL GROUPINGS WITH VARYING HEIGHTS AND SIZES.2" THICK CONCRETE PAVERSLOPE NOT TO EXCEED 4:1NATIVE TREE AND SHRUB PLANTINGS ONUPPER EDGES OF GRADERIPARIAN SEED MIX IN BOTTOM ANDUP SIDES OF RETENTION PONDSEE PLANT LEGENDNATIVE SEED MIX ON UPPER EDGES OF GRADESEE PLANT LEGEND6L201SECTIONRETENTION POND NTS LandscapeDetailsL201Project For: University Crossing Apts S. 19th Ave. and Kagy Blvd. Bozeman, MT07/26/21City SubmittalDate Issue3084 Thorpe RoadBelgrade, Montana 59714Ph 406.924.8038alyssa@redbarnmontana.com08/06/21City Submittal12/08/21City Submittal12/22/21City Submittal33 BOZEMAN U.D.O. REQUIREMENTSPARKING LOT LANDSCAPINGTOTAL PARKING STALLS: 90LANDSCAPE AREA REQUIRED: 1,800 SF; 1,970 SF SHOWN10 PARKING LOT TREES REQUIRED, 19 SHOWNBOULEVARD TREES:1 LARGE CANOPY TREE PROVIDED FOR EACH 50' OF STREET FRONTAGEWATERCOURSE SETBACK PLANTING:NATIVE SEED MIX PROVIDED IN WATERCOURSE SETBACK ZONE 2. (ZONE 1 ISOUTSIDE OF PROPERTY BOUNDARY)DROUGHT TOLERANT SPECIES:75% OF TREES AND SHRUBS USED ARE DROUGHT TOLERANT SPECIESSEE PLANT SCHEDULE SHEET L102OWNER:19TH CAPITAL GROUP LLC19 LARIAT LOOPBOZEMAN, MT 59715-9200(406) 223-7958MINOR SUB 503A, S14, TO2 S, RO5 E, LOT 1A, ACRES 1.57LEGAL DESCRIPTION LINE 1CITY OF BOZEMAN, GALLATIN COUNTY, STATE OF MONTANAGENERAL NOTES1.ALL LANDSCAPED AREAS SHALL HAVE PERMANENT UNDERGROUND. IRRIGATION INSTALLED TO ENSURE A HEALTHY LANDSCAPE. SEE IRRIGATION NOTES.2.ALL AREAS DISTURBED BY CONSTRUCTION TO BE SEEDED OR PLANTED ANDMAINTAINED.3.ALL EDGING SHALL BE METAL (PRO EDGE-STEEL/ALUMINUM).4.ALL SHRUB BEDS SHALL BE LINED WITH PROFESSIONAL GRADE TYPAR WEEDFABRIC, AND COVERED WITH 3-4" OF 1 12" WASHED ROCK MATERIAL.5.ALL TREES SHALL BE STAKED WITH WOOD STAKES (MIN OF 2 PER TREE) ANYTREE OR SHRUB PLANTED THAT IS NOT IN A SHRUB BED SHALL HAVE A 3' DIA. 4" DEPTH ORGANIC MULCH RING AT THE BASE.6.CONTRACTOR TO VERIFY LOCATION OF ALL UTILITIES PRIOR TO INSTALLATION,EXCAVATION, OR PLANTING.7.NO TREE SHALL BE PLANTED WITHIN 10' OF ANY FIRE HYDRANT, SEWER ORWATER LINE.8.ALL STREET TREES SHALL BE APPROVED BY CITY FORESTER AND PLANTEDSLIGHTLY HIGHER THAN GRADE AND WITH THE TREE COLLAR EXPOSED. THE HOLEEXCAVATED SHALL BE TWICE THE SIZE OF THE POT OR ROOTBALL OF THE TREE.9.ALL PLANTS SHALL BE GUARANTEED FOR ONE YEAR AFTER PROJECT COMPLETION.10.ALL LAWN AREAS SHALL BE LOCALLY GROWN SOD.11.ALL SOD AREAS TO HAVE 4-6" MINIMUM TOPSOIL DEPTH TO PROMOTE PLANTGROWTH.12.ALL OTHER DISTURBED AREAS ON SITE SHALL BE RE-GRADED ROCK HOUNDEDAND SEEDED TO MATCH DISTURBED AREA EXISTING LANDSCAPE.13.SEEDED GRASS AREAS ARE TO BE FINANCIALLY GUARANTEED FOR 2 YEARS BYOWNER OR CONTRACTOR. TEMPORARY SURFACE IRRIGATION TO BE USED FORESTABLISHMENT-SEE IRRIGATION NOTES.14.NO PLANT SUBSTITUTIONS WITHOUT WRITTEN APPROVAL FROM THE OWNER ANDLANDSCAPE DESIGNER.15.CONTRACTOR TO VERIFY ALL PLANT QUANTITIES. IF THERE IS A DISCREPANCYBETWEEN PLANT TABLE AND PLAN, THE PLAN SHALL DICTATE QUANTITY.16.ALL GROUND MOUNTED MECHANICAL NOT SHOWN ON PLAN SHALL BE HARDSCREENED WITH FENCE OR SIDING MATERIAL.NProject For: University Crossing Apts. S. 19th Ave. & Kagy Blvd. Bozeman, MTOverallLandscapePlanL1012/16/21For ReviewDate Issue3084 Thorpe RoadBelgrade, Montana 59714Ph 406.924.8038alyssa@redbarnmontana.com0SCALE: feet2040601" = 20'7/26/21City SubmittalSHEET L103SHEET L104SHEET L103SHEET L104PROPOSEDBUILDINGKAGY BOULEVARDPROPOSEDBUILDING8/06/21City SubmittalPROPERTY LINEPROPERTY LINE 12/08/21City SubmittalSCALE: 1" = 20'@ 24 x 36 Sheet12/22/21City Submittal04/11/22City SubmittalVISION TRIANGLEVISION TRIANGLE06/09/22City Submittal34 REF. FRZ. REF. FRZ. REF. FRZ. REF. FRZ. REF. FRZ. UP DN DN UP 208 UNIT C 207 UNIT B 206 UNIT C 205 UNIT A 202 UNIT A UNIT B 204 UNIT A 203 201 UNIT A 209 BONUS 210 BONUS JOB No.SHEET NUMBERPROJECT / OWNERARCHITECTLOCATI ARCHITECTS1007 E. MAIN SUITE 202 BOZEMAN MONTANA406-587-1139 FAX 587-7369COPYRIGHT LOCATI ARCHITECTS P.L.L.P.2020 ALL RIGHTS RESERVEDPROJECT MGR1930UNIVERSITY CROSSING - NBS 19TH AVE & KAGY BLVDBOZEMAN, MTN-A2.1FLOOR PLANNORTHSCALE: 1/8" = 1'-0" PLAN - 2ND LEVEL ISSUE#DATEINFORMAL SET15-26-21SITE PLAN SET28-10-21SP RESUBMIT412-22-21 KITCHEN LIVING DINING BED ROOM BATHPANTRY CLOSET STOR. LAUNDRY PATIO CORRIDORMECH.35 REF. FRZ. REF. FRZ. REF. FRZ. REF. FRZ. REF. FRZ. DN DN UP UNIT C 308 UNIT C 306 305 UNIT A UNIT B 307 UNIT B 304 302 UNIT A 301 UNIT A UNIT A 303 310 BONUS 309 BONUS JOB No.SHEET NUMBERPROJECT / OWNERARCHITECTLOCATI ARCHITECTS1007 E. MAIN SUITE 202 BOZEMAN MONTANA406-587-1139 FAX 587-7369COPYRIGHT LOCATI ARCHITECTS P.L.L.P.2020 ALL RIGHTS RESERVEDPROJECT MGR1930UNIVERSITY CROSSING - NBS 19TH AVE & KAGY BLVDBOZEMAN, MTN-A2.2FLOOR PLANNORTHSCALE: 1/8" = 1'-0" PLAN - 3RD LEVEL ISSUE#DATEINFORMAL SET15-26-21SITE PLAN SET28-10-21SP RESUBMIT412-22-21 KITCHEN LIVING DINING BED ROOM BATHPANTRY CLOSET STOR. LAUNDRY PATIO CORRIDORMECH.36 PLAN -1ST LEVEL 100' -1" PLAN -2ND LEVEL 114' -3 5/8" ABCDEFGHIJ PLAN -3RD LEVEL 124' -5 3/8" C N-A6.1 27 53 1 56 30 39 65 11103B 203B 303B 303A 301C 203A 201C 101C203A 101B 201B 301B M1 M2 M1 M3 M2 M3 M2 M1 M1 M3 M3 M2 M3 M2 M2 M2 3 N-A7.2 M7 C N-A6.2 M2 M6 M6 M6 M6 1 N-A5.1 PLAN -1ST LEVEL 100' -1" PLAN -2ND LEVEL 114' -3 5/8" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 PLAN -3RD LEVEL 124' -5 3/8" A N-A6.0 PLAN -1ST LEVEL -1.5 98' -7" PLAN -2ND LEVEL -1.5 112' -9 5/8" PLAN -3RD LEVEL -1.5 122' -11 3/8" 310A 210A 207A 307A 107A108A 208A 308A 104B 204B 304B 304A 204A 104A 103C 203C 303C 209A 309A 73 47 21 24 50 76 77 51 25 2 28 54 M1 M1 M3 M2 M3 M2 M3M3 M2 M2 M1 M1 M3 M1 M3 M1 M410 N-A7.1 10 N-A7.1 1 N-A7.2 3 N-A7.2 M7 M7 4 N-A5.1 2' - 1"1' - 7"2' - 1"1' - 4 3/4"M5 M5 M6 M5 7 N-A7.0 7 N-A7.0 1 N-A5.1 1 N-A5.1 PLAN -1ST LEVEL 100' -1" PLAN -2ND LEVEL 114' -3 5/8" 1234567891011121314 PLAN -3RD LEVEL 124' -5 3/8" A N-A6.0 PLAN -1ST LEVEL -1.5 98' -7" PLAN -2ND LEVEL -1.5 112' -9 5/8" PLAN -3RD LEVEL -1.5 122' -11 3/8" 302A 202A 102A 101A 201A 301A 305A 205A 105A 106B 206B 306C 18 46 72 10 38 64 9 37 63 68 42 33 59 29 55 M1 M1 M1 M3 M2 M2 M1 M3 M3 M2 M1 M1 M3 M3 M2 T.O. UNIT8' - 0"T.O. UNIT10' - 0"T.O. UNIT10' - 0"T.O. UNIT8' - 0"T.O. UNIT8' - 0"5' - 0"2' - 6"2' - 6"11 1/2"3' - 6"5' - 0"2' - 6"2' - 6"3' - 6"5 1/2" 2 N-A7.2 1 N-A7.2 3 N-A7.2 N-A5.1 5 M6 M6 M5 M5 M5 M7M7 M7 M1 4 N-A5.1 M1 M7 N-A7.2 5 N-A7.2 5 1 N-A5.1 1 N-A5.1 1 N-A7.2 N-A7.0 9 N-A7.0 8 A B C D E F G H I J PLAN -1ST LEVEL -1.5 98' -7" PLAN -2ND LEVEL -1.5 112' -9 5/8" PLAN -3RD LEVEL -1.5 122' -11 3/8" C N-A6.1 71 45 17 19 20 22 48 74 78 52 26 308B 208B208C 308C306A 206A 106A 206B 306B 108B M1 M1 M1 M1 M1 M3 M2 M2 M2 M3 M2 M3 4 N-A7.2 M7 M7 C N-A6.2 M2 M5 M5 M2 M2 M6 M6 M6M6 1 N-A5.1 JOB No.SHEET NUMBERPROJECT / OWNERARCHITECTLOCATI ARCHITECTS1007 E. MAIN SUITE 202 BOZEMAN MONTANA406-587-1139 FAX 587-7369COPYRIGHT LOCATI ARCHITECTS P.L.L.P.2020 ALL RIGHTS RESERVEDPROJECT MGR1930UNIVERSITY CROSSING-NORTHS 19TH AVE & KAGY BLVDBOZEMAN, MTN-A3.0ELEVATIONSSCALE: 1/8" = 1'-0" SOUTH - PARKING SCALE: 1/8" = 1'-0" WEST - WETLANDS SCALE: 1/8" = 1'-0" EAST - DRIVEWAY SCALE: 1/8" = 1'-0" NORTH - KAGY EXTERIOR MATERIAL SCHEDULE MARK TYPE MATERIAL DESCRIPTION M1 4" BRICK UTILITY M2 VERTICAL METAL SIDING GAG 22, BOX-RUB, COLOR RUST/COR-TEN M3 HORIZONTAL METAL SIDING GAG 22, RANDOM WIDTHS 4", 6", 8", 10" M4 WOOD PANEL 4' X 4' WOOD PANEL M5 STANDING SEAM ROOFING BLACK METAL M6 ROOFING SHINGLES ASPHALT - DARK GREY M7 CONCRETE SACK FINISH M8 METAL PANEL 1/2" METAL PANEL M9 GROUND CMU BLACK ISSUE#DATEINFORMAL SET15-26-21SITE PLAN SET28-10-21SP RESUBMIT404-13-211'-0"1'-0"2'-0"2'-0"2'-0"2'-0"1'-0"1'-0"1'-0"2'-0"FLOOR IS 1' ABOVE GRADE 2' PATIO WALLS 4'8'MIXED BLOCK FRONTAGE TRANSPARENCY CALCS. 20' FROM SIDEWALK IS 51% BETWEEN 4' TO 8' FROM GRADE. TOTAL TRANSPARENCY OF FACODE IS 18% 37 REF. FRZ. REF. FRZ. REF. FRZ. REF. FRZ. REF. FRZ. REF. FRZ. REF. FRZ. UP UP 1 1 2 2 3 3 4 4 5 5 6 6 7 7 8 8 9 9 10 10 11 11 12 12 13 13 14 14 A A B B C C D D E E F F G G H H I I J J 1' - 6"10' - 0"16' - 11"9' - 1 1/2"16' - 11"8' - 0"9' - 0 1/2"8' - 0"16' - 11"9' - 1"16' - 11"8' - 0"9' - 0" 139' - 5"7' - 0"6' - 0"7' - 0"13' - 0"12' - 11"13' - 0"7' - 0"6' - 0"7' - 0"78' - 11"A N-A6.0 A N-A6.0 E. METERS, SEE 6/N-A7.0G. METER, SEE 5/N-A7.0FOUNTAIN BOTTLE1" / 12"ADA UNIT2' CLEAR1' CLEARWATER RISER 4'-8"HOUSE ELEC. PANEL & MECH. FOR UNIT FITNESS ROOM RAMP7' - 0"6' - 0"7' - 0"4' - 6"8' - 5 1/2"13' - 0"8' - 5 1/2"4' - 6 1/2"7' - 0"6' - 0"9 10 11 13 1 2 4 56 7 8 1415 16 17 18 19 20 21 22 23 24 25 26 108 UNIT C 107 UNIT B 106 UNIT C 105 UNIT A 104 UNIT D 103 UNIT A 102 UNIT A 3 12 101 C N-A6.1 C N-A6.1 203A 106A 106B 105A 102A 101A 101B 101C 103B 103C104A 104B 107A108A 108B CURBLESSG 3' - 9"1" / 12"RAMP2' - 8"UNIT3' - 0"1' - 4"3' - 3"UNIT7' - 6"2' - 3"2' - 5 1/2"UNIT6' - 0"9' - 0"UNIT6' - 0"2' - 5 1/2"2' - 3"UNIT7' - 6"3' - 3"1' - 4"UNIT3' - 0"2' - 8"78' - 11"7' - 0"6' - 0"7' - 0"13' - 0"12' - 11"13' - 0"13' - 0"7' - 0"7' - 0"1' - 0"UNIT7' - 6"4' - 6"4' - 5 1/2"UNIT5' - 6"6' - 0"UNIT5' - 6"4' - 5 1/2"3' - 6"UNIT5' - 0"4' - 6"1' - 10"UNIT3' - 0"2' - 2"3' - 5 1/2" UNIT 6' - 0" 6 1/2" 4' - 6" UNIT 7' - 6"4' - 11"9' - 1 1/2"6' - 2" UNIT 5' - 0"5' - 9" 6 1/2"UNIT 6' - 0" 1' - 5 1/2" 10' - 6" UNIT 6' - 0" 6 1/2" 5' - 8 1/2" UNIT 5' - 0"6' - 2 1/2"9' - 1"4' - 2 1/2" UNIT 9' - 0"3' - 8 1/2" 139' - 5" 1' - 6"10' - 0"16' - 11"9' - 1 1/2"16' - 11"8' - 0"9' - 0 1/2"8' - 0"16' - 11"9' - 1"16' - 11"8' - 0"9' - 0" 3' - 5 1/2" UNIT 6' - 0" 6 1/2" 5' - 8 1/2" UNIT 5' - 0"6' - 2 1/2"9' - 1 1/2"6' - 2" UNIT 5' - 0"5' - 9" 5 1/2" UNIT 6' - 0" 1' - 6 1/2" 3' - 9" UNIT 3' - 0"3' - 9" UNIT 6' - 0" 6 1/2" 5' - 8 1/2" UNIT 5' - 0"6' - 2 1/2"9' - 1"6' - 2 1/2" UNIT 5' - 0"5' - 8 1/2" 6 1/2" UNIT 6' - 0" 1' - 5 1/2" 9' - 0"11' - 3"6' - 7"3' - 0"10"10 1/4"UNIT3' - 0"10 1/4"13' - 2"10 1/4"UNIT3' - 0"10 1/4"10' - 5 1/2"11' - 2 1/2"11' - 2 1/2"6' - 7 1/2"3' - 0"10"10 1/4"3' - 0"10 1/4"13' - 2"10 1/4"3' - 0"10 1/4"10' - 5 1/2"11' - 2 1/2"6' - 4 1/2"5' - 4"5' - 5"1' - 6 1/2"2' - 10"11' - 5"DN DNDNDN DN DN 7' - 0 1/2"4' - 3 1/2"3' - 4 1/8"8 5/8"2' - 8 1/8"3' - 2 1/8"5' - 2"6' - 6 1/2"1'-6" FLOOR STEP1'-6" FLOOR STEPPLAN -1ST LEVEL -1.5 PLAN -1ST LEVEL BIKE RACK SEE DETAIL 9/AC3.0 DNC N-A6.2 C N-A6.2 N-A8.0 9 S L OP E SLOPE 1/8" : 1'-0" TO DRAINSLOPESLOPE 1/8" : 1'-0" TO DRAIN SLOPE 1/8" : 1'-0" TO DRAIN SLOPEA1 A1 A1 A1SLOPESLOPEDS- DAYLIGHT DS- DAYLIGHT DS- DAYLIGHT DS- DAYLIGHT DS- DAYLIGHT DS- DAYLIGHT DS- DAYLIGHT DS DS DS DSDS DS DS DSDS DS DS 10 N-A7.1 9 N-A7.1 SLOPE S L OPESLOPECONCRETE PAVERS CONCRETE PAVERS CHAIN DS CHAIN DS JOB No.SHEET NUMBERPROJECT / OWNERARCHITECTLOCATI ARCHITECTS1007 E. MAIN SUITE 202 BOZEMAN MONTANA406-587-1139 FAX 587-7369COPYRIGHT LOCATI ARCHITECTS P.L.L.P.2020 ALL RIGHTS RESERVEDPROJECT MGR1930UNIVERSITY CROSSING-NORTHS 19TH AVE & KAGY BLVDBOZEMAN, MTN-A2.01ST FLOOR PLANNORTHSCALE: 1/8" = 1'-0" PLAN - 1ST LEVEL ISSUE#DATEINFORMAL SET15-26-21SITE PLAN SET28-10-21SP RESUBMIT404-13-21NOTE: ADA UNIT 104 TO BE CONSTRUCTED AS A TYPE 'A' UNIT, ALL OTHER UNITS TO BE CONSTRUCTED AS TYPE 'B' UNITS ON GROUND LEVEL 38 REF. FRZ. REF. FRZ. REF. FRZ. REF. FRZ. REF. FRZ. REF. FRZ. UPDNDN DN UNIT A 301 UNIT C 302 UNIT C 305 307 UNIT D 304 UNIT D 303 UNIT B308 UNIT D 311 UNIT D 312 UNIT B UNIT A 310 UNIT C 309 UNIT C 306 BONUS 314 BONUS 313 JOB No.SHEET NUMBERPROJECT / OWNERARCHITECTLOCATI ARCHITECTS1007 E. MAIN SUITE 202 BOZEMAN MONTANA406-587-1139 FAX 587-7369COPYRIGHT LOCATI ARCHITECTS P.L.L.P.2020 ALL RIGHTS RESERVEDPROJECT MGR1930UNIVERSITY CROSSING - SBS 19TH AVE & KAGY BLVDBOZEMAN, MTS-A2.2FLOOR PLANXXXXXNORTHSCALE: 1/8" = 1'-0" PLAN - 3RD LEVEL ISSUE#DATEINFORMAL SET15-26-21SITE PLAN SET27-29-21SP RESUBMIT412-22-21 KITCHEN LIVING DINING BED ROOM BATH PANTRYCLOSET MECH. LAUNDRY PATIO MECH.CORRIDOR39 PLAN -1ST LEVEL 100' -0 3/4" PLAN -2ND LEVEL 114' -1 3/8" 34568910111213 PLAN -3RD LEVEL 124' -3 1/8" 14151617 2187 1 1 S-A6.0 29 63 9793 25 59 20 55 89 54 88 191110 46 47 8180 1 38 72 6 301A 201A 101A 102A 202A 302A 105A 205A 305A 306A 206A 106A 110C109A 209A 309A 310C 210C M2 M1 M3 M2 M3 M3 M3 M3 M5 M1 M1 M3 M3 M3 M3 M3 M5 M6 M6 M6 M5 M7 S-A5.1 3 SIM. METAL DOWNSPOUT 5" x 5" COVE GUTTER 2 S-A7.2 2 S-A7.2 2 S-A7.2 6 S-A5.1 M2 M2 M7 M7 M7 M1 PLAN -1ST LEVEL 100' -0 3/4" PLAN -2ND LEVEL 114' -1 3/8" ABCDFG PLAN -3RD LEVEL 124' -3 1/8" E 104 70 36 2 39 73303B 303A 301C 201C203A 203B 103B 103A 101C 101B 201B 301B M1 M1 M1 M1M1 M3 M3 M2 M2 M2 M2 M2 M5 S-A5.1 3 SIM. 5" x 5" COVE GUTTER METAL DOWNSPOUT 1 S-A5.1 6 S-A5.1 M7 PLAN -1ST LEVEL 100' -0 3/4" PLAN -2ND LEVEL 114' -1 3/8" A B C D F G PLAN -3RD LEVEL 124' -3 1/8" E 96 62 210B 310B 28 31 65 110B 110A 210A 112C 212C 112B 212B 312B 312C310A M1 M1 M1 M1M1 M3 M3 M2 M2 M2 M2 M5 M5 S-A5.1 3 SIM. 5" x 5" COVE GUTTER METAL DOWNSPOUT 1 S-A5.1 6 S-A5.1 M7 M2 PLAN -1ST LEVEL 100' -0 3/4" PLAN -2ND LEVEL 114' -1 3/8" 3 4 5 6 8 9 10 11 12 13 PLAN -3RD LEVEL 124' -3 1/8" 14 15 16 172 1871 1 S-A6.0 98 64 30 100 101 6766 32 33 102 103 6968 34 35 105 71 37103C 203C 303C304A 204A 104A108A107A 207A208A 308A 307A312A 212A 112A 111A 211A 311A 314A 214A 114A 113A 213A 313A M1 M2 M2 M3 M2 M3 M3 M5 M1 M1 M3 M3 M3 M1 M6 M3 M3 M3 M3 M7 S-A5.1 3 SIM. 5" x 5" COVE GUTTER METAL DOWNSPOUT 183' - 10 1/4" 6 S-A5.1 M2 M2 M2 M7 M7 M7 M7 M7 JOB No.SHEET NUMBERPROJECT / OWNERARCHITECTLOCATI ARCHITECTS1007 E. MAIN SUITE 202 BOZEMAN MONTANA406-587-1139 FAX 587-7369COPYRIGHT LOCATI ARCHITECTS P.L.L.P.2020 ALL RIGHTS RESERVEDPROJECT MGR1930UNIVERSITY CROSSING - SOUTHS 19TH AVE & KAGY BLVDBOZEMAN, MTS-A3.0ELEVATIONSXXXXXSCALE: 1/8" = 1'-0" NORTH - PARKING SCALE: 1/8" = 1'-0" EAST - DRIVEWAY SCALE: 1/8" = 1'-0" WEST - WETLANDS SCALE: 1/8" = 1'-0" SOUTH - UNDEVELOPED FIELD EXTERIOR MATERIAL SCHEDULE MARK IMAGE MATERIAL COMMENTS M1 4" BRICK UTILITY SIZE, RED, WITH DARK GREY MORTAR M2 VERTICAL METAL SIDING GAG 22, BOX-RIB, COLOR RUST / COR-TEN M3 HORIZONTAL METAL SIDING GAG 22, RANDOM WIDTHS 4", 6", 8", 10", DARK GREY M4 WOOD PANELS 4' x 4' WOOD PANEL M5 SHINGLES ASPHALT - DARK GREY M6 STANDING SEAM METAL ROOFING BLACK METAL M7 CONCRETE SACK FINISH M8 METAL PANEL 1/2" METAL PANEL M9 GROUND CMU BLACK ISSUE#DATEINFORMAL SET15-26-21SITE PLAN SET27-29-21SP RESUBMIT44-13-221'-0"2'-0"FLOOR IS 1' ABOVE GRADE 2' PATIO WALLS 1'-0"2'-0"40 REF. FRZ. REF. FRZ. REF. FRZ. REF. FRZ. REF. FRZ. REF. FRZ. REF. FRZ. UP UP UP UP UP UP 9' - 1"RAMPADA UNIT UNIT A 110 UNIT B 112 UNIT C 109 UNIT C 106 UNIT D 111 UNIT D 108 UNIT D 107 UNIT C 105 UNIT C 102 UNIT A 101 UNIT B 103 UNIT D 104 BONUS 114 BONUS 113RAMPRAMP JOB No.SHEET NUMBERPROJECT / OWNERARCHITECTLOCATI ARCHITECTS1007 E. MAIN SUITE 202 BOZEMAN MONTANA406-587-1139 FAX 587-7369COPYRIGHT LOCATI ARCHITECTS P.L.L.P.2020 ALL RIGHTS RESERVEDPROJECT MGR1930UNIVERSITY CROSSING - SBS 19TH AVE & KAGY BLVDBOZEMAN, MTS-A2.0FLOOR PLANXXXXXNORTHSCALE: 1/8" = 1'-0" MAIN LEVEL ISSUE#DATEINFORMAL SET15-26-21SITE PLAN SET27-29-21SP RESUBMIT412-22-21 KITCHEN LIVING DINING BED ROOM BATH PANTRYCLOSET LAUNDRY PATIOMECH.RISERRISERMISC.CORRIDOR41 REF. FRZ. REF. FRZ. REF. FRZ. REF. FRZ. REF. FRZ. REF. FRZ. UPUP DNDNDN UNIT A 201 203 UNIT B204 UNIT D 207 UNIT D UNIT C 205 UNIT C 202 UNIT C 206 UNIT C 209 208 UNIT D 211 UNIT D 212 UNIT B UNIT A 210 BONUS 213 BONUS 214 UP JOB No.SHEET NUMBERPROJECT / OWNERARCHITECTLOCATI ARCHITECTS1007 E. MAIN SUITE 202 BOZEMAN MONTANA406-587-1139 FAX 587-7369COPYRIGHT LOCATI ARCHITECTS P.L.L.P.2020 ALL RIGHTS RESERVEDPROJECT MGR1930UNIVERSITY CROSSING - SBS 19TH AVE & KAGY BLVDBOZEMAN, MTS-A2.1FLOOR PLANXXXXXNORTHSCALE: 1/8" = 1'-0" PLAN - 2ND LEVEL ISSUE#DATEINFORMAL SET15-26-21SITE PLAN SET27-29-21PROGRESS SET311-03-21 KITCHEN LIVING DINING BED ROOM BATH PANTRYCLOSET MECH. LAUNDRY PATIO STOR.CORRIDOR42 Memorandum REPORT TO:Community Development Board FROM:Tom Rogers, Senior Planner Anna Bentley, Interim Community Development Director SUBJECT:Continuation of the Block 104 zone map amendment requesting amendment of the City Zoning Map for a city block bounded by Tamarack Street on the north, Front Street to the east, Wallace on the west, and Aspen Street on the south consisting of approximately 7.33 acres and the accompanying adjacent right-of way from M-1 (Light Manufacturing) to B-2M (Community Business District – Mixed). MEETING DATE:August 1, 2022 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:I move to continue review of application 22100 to August 15, 2022. 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:Review schedules have been altered after the public notice was published to modulate the work load of the Community Development Board and the City Commission. UNRESOLVED ISSUES:None ALTERNATIVES:None FISCAL EFFECTS:None Report compiled on: July 22, 2022 43 Memorandum REPORT TO:Community Development Board FROM:Tom Rogers, Senior Planner Anna Bentley, Interim Community Development Director SUBJECT:Continuation of the South 8th zone map amendment requesting amendment of the City Zoning Map to change the zoning on 0.18 acre parcel from R4 (High Density Residential District) to R5 (Residential Mixed-Use High Density District). MEETING DATE:August 1, 2022 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:I move to continue review of application 22077 to September 12, 2022. 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:Review schedules have been altered after the public notice was published to modulate the work load of the Community Development Board and the City Commission. UNRESOLVED ISSUES:N ALTERNATIVES:N FISCAL EFFECTS:None Report compiled on: July 27, 2022 44 Memorandum REPORT TO:Community Development Board FROM:Tom Rogers, Senior Planner Anna Bentley, Interim Community Development Director SUBJECT:Continuation of the Thomas Drive Zone Map Amendment requesting to change zoning from on 15.037 acres from R-4 (Residential High Density) to REMU (Residential Emphasis Mixed Use). MEETING DATE:August 1, 2022 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:I move to continue review of application 22094 to August 15, 2022. 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:Review schedules have been altered after the public notice was published to modulate the work load of the Community Development Board and the City Commission. UNRESOLVED ISSUES:N ALTERNATIVES:N FISCAL EFFECTS:None Report compiled on: July 22, 2022 45 Memorandum REPORT TO:Community Development Board FROM:Chris Saunders, Community Development Manager Anna Bentley, Community Development Interim Director SUBJECT:Continuation of Gran Cielo - Cielo Way and S. 27th Ave. ZMA to Change the Zoning From R3 (Residential Medium Density District) to R-4 (Residential High Density District) on 4.279 Acres, Application 22117 MEETING DATE:August 1, 2022 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:Recommended Motion: I move to continue the public hearing for review of application 22117 to August 15, 2022. 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:To manage Community Development Board and City Commission review of submitted applications the scheduled public hearing before the Community Development board has been moved to August 15, 2022 and the public hearing before the City Commission is proposed to be moved to September 20, 2022. UNRESOLVED ISSUES:None ALTERNATIVES:None. FISCAL EFFECTS:None. Report compiled on: July 26, 2022 46 Memorandum REPORT TO:Community Development Board FROM:Tom Rogers, Senior Planner Anna Bentley, Interim Director of Community Development SUBJECT:6730 Davis Lane Annexation application 22020 requesting annexation of 10.071 acres and amendment application 22020 of the City Zoning Map for the establishment of a zoning designation of REMU (Residential Emphasis Mixed-Use District). MEETING DATE:August 1, 2022 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 22020 and move to recommend approval of the 6730 Davis Lane Zone Map Amendment, with contingencies required to complete the application processing. STRATEGIC PLAN:4.1 Informed Conversation on Growth: Continue developing an in-depth understanding of how Bozeman is growing and changing and proactively address change in a balanced and coordinated manner. BACKGROUND:The applicant and property owners seek to annex a parcel 10.071 acres plus adjacent rights-of-way into the City limits and establish an initial zoning of REMU, Residential Emphasis Mixed-Use district. The property is currently zoned “Agriculture Suburban” (AS) within the County administered Gallatin County Bozeman Area Zoning District (the Donut). The property is on the east side of Davis Lane and part of a large 90 acre commercial node base on the intersection of Baxter and Davis Lanes which are both designated Minor Arterial streets in the Bozeman Transportation Master Plan. The property directly to the east is owned by the Bozeman School district. Other development in the area include the Baxter Meadows Planned Unit Development on the west side of Davis Lane. This area include the Sundance Phase I residential development and the proposed Park Meadows (formally Sundance Phase II) residential development which proposes horizontally mixed uses. The Future Land Use Map in the Bozeman Community Plan (BCP) 2020 designates the property as “Community Commercial Mixed Use” which 47 includes the REMU district as an implementing zoning district. Nearby municipal zoning to the west is zoned B-2 (Community Commercial). The proposed annexation would bring in additional right of way to build out another section of Davis Lane upon further development. UNRESOLVED ISSUES:There are no identified conflicts on this application at this time. ALTERNATIVES:1. Approve the application and associated resolution and ordinance; 2. Approve the application with modifications to the recommended zoning; 3. Deny the application based on the Commission’s findings of non- compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Annexation or Zone Map Amendment. Attachments: 22020 6730 Davis Annx-ZMA CDB SR.pdf Report compiled on: July 1, 2022 48 Page 1 of 34 22020 Staff Report for the 6730 Davis Lane Annexation and Zone Map Amendment Public Hearing: Community Development Board meeting is on July 18, 2022 City Commission meeting is on August 2, 2022 Project Description: Annexation application 22020 requesting annexation of 10.071 acres and amendment application 22020 of the City Zoning Map for the establishment of a zoning designation of REMU (Residential Emphasis Mixed-Use District). Project Location: 6730 Davis Lane legally described as the North One-Half (N ½), of the Southwest One-Quarter (SW ¼), of the Southwest One-Quarter (SW ¼), and the South One-Half (S ½), of the Northwest One-Quarter (NW ¼), of the Southwest One-Quarter (SW ¼), of the Southwest One-Quarter (SW ¼) in Section 35, Township One South (T1S), Range Five East (R5E) of P.M.M., Gallatin County, Montana. Recommendation: Meets standards for approval with terms of annexation and contingencies. Recommended Zoning Commission Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 22020 and move to recommend approval of the 6730 Davis Lane Zone Map Amendment, with contingencies required to complete the application processing. Recommended City Commission Annexation Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 22020 and move to approve the 6730 Davis Lane Annexation, with recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties. Recommended City Commission Zoning Motion: Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 22020 and move to approve the 6730 Davis Lane Zone Map Amendment subject to contingencies required to complete the application processing. Report Date: June 29, 2022 Staff Contact: Tom Rogers, Senior Planner Lance Lehigh, City Engineer Agenda Item Type: Action - Legislative 49 Staff Report for the 6730 Davis Lane Annexation and Zone Map Amendment, Application 22020 Page 2 of 34 EXECUTIVE SUMMARY This report is based on the application materials submitted and public comment received to date. This report addresses both the zoning amendment for Community Development Board acting in their capacity as the Zoning Commission, as well as the annexation and the zoning amendment for the City Commission. The application materials are available on the City’s website in the laserfiche archive. Unresolved Issues There are no identified conflicts on this application at this time. Project Summary The applicant and property owners seek to annex a parcel 10.071 acres plus adjacent rights-of- way into the City limits and establish an initial zoning of REMU, Residential Emphasis Mixed- Use district. The property is currently zoned “Agriculture Suburban” (AS) within the County administered Gallatin County Bozeman Area Zoning District (the Donut). The property is on the east side of Davis Lane and part of a large 90 acre commercial node base on the intersection of Baxter and Davis Lanes which are both designated Minor Arterial streets in the Bozeman Transportation Master Plan. The property directly to the east is owned by the Bozeman School district. Other development in the area include the Baxter Meadows Planned Unit Development on the west side of Davis Lane. This area include the Sundance Phase I residential development and the proposed Park Meadows (formally Sundance Phase II) residential development which proposes horizontally mixed uses. The Future Land Use Map in the Bozeman Community Plan (BCP) 2020 designates the property as “Community Commercial Mixed Use” which includes the REMU district as an implementing zoning district. Nearby municipal zoning to the west is zoned B-2 (Community Commercial). The proposed annexation would bring in additional right of way to build out another section of Davis Lane upon further development. In determining whether the criteria applicable to this application are met, Staff considers the entire body of plans and regulations for land development. Standards which prevent or mitigate possible negative impacts are incorporated in many locations in the municipal code but are principally in Chapter 38, Unified Development Code. References in the text of this report to Articles, Divisions, or in the form xx.xxx.xxx are to the Bozeman Municipal Code. 50 Staff Report for the 6730 Davis Lane Annexation and Zone Map Amendment, Application 22020 Page 3 of 34 Alternatives 1. Approve the application and associated resolution and ordinance; 2. Approve the application with modifications to the recommended zoning; 3. Deny the application based on the Commission’s findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 2 Unresolved Issues ............................................................................................................... 2 Project Summary ................................................................................................................. 2 City Commission Alternatives ............................................................................................ 3 SECTION 1 - MAP SERIES: ................................................................................................... 4 SECTION 2 - RECOMMENDED TERMS OF ANNEXATION ............................................ 7 SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT... 10 SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 10 Annexation ........................................................................................................................ 10 Zone Map Amendment ..................................................................................................... 11 SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS ................................ 11 SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ........... 17 Spot Zoning Criteria ......................................................................................................... 28 PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 29 APPENDIX A - NOTICING AND PUBLIC COMMENT .................................................... 30 APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 30 APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF ............................ 34 FISCAL EFFECTS ................................................................................................................. 34 ATTACHMENTS ................................................................................................................... 34 51 Page 4 of 34 SECTION 1 - MAP SERIES: Map 1: Project Vicinity Map Baxter Lane Davis Lane Subject Property 52 Staff Report for the 6730 Davis Lane Annexation and Zone Map Amendment, Application 22020 Page 5 of 34 Map 2: BCP 2020 Future Land Use Map Subject Property 53 Staff Report for the 6730 Davis Lane Annexation and Zone Map Amendment, Application 22020 Page 6 of 34 Map 3: Existing City Zoning Subject Property 54 Page 7 of 34 SECTION 2 - RECOMMENDED TERMS OF ANNEXATION The following terms of annexation are recommended to enable the application to comply with the City’s Annexation Policy and the requirements of state law for the provision of services. Recommended terms of annexation: 1. Naming Term. The documents and exhibits to formally annex the subject property must be identified as the “6730 Davis Lane Annexation”. 2. Map Format Term. An Annexation Map, titled “6730 Davis Lane Annexation Map” with a legal description of the property and any adjoining un-annexed rights-of-way and/or street access easements must be submitted by the applicant for use with the Annexation Agreement. The map must be supplied as a PDF for filing with the Annexation Agreement at the County Clerk & Recorder, and a digital copy for the City Engineers Office. This map must be acceptable to the Director of Public Works and City Engineers Office, and must be submitted with the signed Annexation Agreement. 3. Adjacent ROW Term. The applicant must extend the annexation map to the centerline of Davis Lane of the existing Davis Lane, which will cover the entire Davis Lane ROW. 4. Timing Term. The applicant must execute all contingencies and terms of said Annexation Agreement with the City of Bozeman within 60 days of the distribution of the annexation agreement from the City to the applicant or annexation approval shall be null and void. 5. Impact Fee Notice Term. The land owners and their successors must pay all fire, street, water and sewer impact fees at the time of connection; and for future development, as required by Chapter 2, Bozeman Municipal Code, or as amended at the time of application for any permit listed therein. 6. SID Waiver Term Header. If they do not already exist the applicant must provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SIDs) for the following: a. SID Waiver 1 - Streets. Street improvements to Davis Lane from Baxter Lane to Cattail Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. b. SID Waiver 2 - Intersections. Intersection improvements at Cattail Street and Davis Lane including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. c. SID waiver 3 - Alternate Financing Term. The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of the improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, 55 Staff Report for the 6730 Davis Lane Annexation and Zone Map Amendment, Application 22020 Page 8 of 34 or a combination thereof. The applicant must provide a copy of the SID waiver in conjunction with the Annexation Agreement. d. SID waiver template term. The applicant may obtain a copy of the template SID waiver from the City Engineering Department. The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the applicant agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. The applicant must provide a copy of the SID waiver filed with the County Clerk and Recorder prior to annexation. 7. Notice Term Header. The Annexation Agreement must include the following notices: a. Notice Term "a" Storm Water Master Plan. The Annexation Agreement must include notice that, prior to development, the applicant will be responsible for preparing a storm water master plan in conjunction with future development. The storm water master plan shall address maintenance and operations until and unless the City affirmatively assumes responsibility for maintenance and operations of stormwater facilities within the area of the annexation. b. Notice Term "b" Extent of Service. The Annexation Agreement must include notice the City will, upon annexation, make available to the Property existing City services only to the extent currently available, or as provided in the Agreement. c. Notice Term "c" Water Rights. The Annexation Agreement must include notice that, prior to future final development approval, the applicant will be responsible for transfer of water rights or a payment in lieu as required by the Bozeman Municipal Code. d. Notice Term "d" Verification of Municipal Service. The Annexation Agreement must include notice that there is no right, either granted or implied, for Landowner to further develop any of the Property until it is verified by the City that the necessary municipal services are available to the property e. Notice Term "e" Municipal Service Installation. The Annexation Agreement must include notice that, prior to development, the applicant will be responsible for installing any facilities required to provide full municipal services to the properties in accordance with the City of Bozeman's infrastructure master plans and all City policies that may be in effect at the time of development. f. Notice Term "f" Utility Easements. The Annexation Agreement must include notice that utility easements may be required to be provided by the landowner at the time of development to ensure necessary municipal services are available to the property. g. Notice Term "g" assessments. The agreement must include notice that charges and assessments may be required after completion of annexation to ensure necessary municipal services are available to the property. 56 Staff Report for the 6730 Davis Lane Annexation and Zone Map Amendment, Application 22020 Page 9 of 34 h. Notice Term "h" Impact Fees. The Annexation Agreement must include notice that the City will assess system development and impact fees in accordance with Montana law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code. i. Notice Term "I" Impact Fees. All procedural terms necessary to establish the Annexation Agreement in conformance with state law and municipal practice will be included with the final Annexation Agreement. 8. Municipal Connection Term. The Annexation Agreement must include notice that the applicant must connect to municipal services and will be responsible for installing any facilities required to provide full municipal services to the property in accordance with city policy at the time of connection. 9. On-site Septic Abandonment Term. The applicant must properly abandon the existing on- site septic tank and leach field prior to connection to the City sanitary sewer system. The applicant must report the abandonment to the City Water and Sewer Superintendent for inspection, and the applicant must report the abandonment to the Gallatin City County Health Department. In addition to abandonment of the septic tank and leach field, the applicant must demonstrate that the sanitary sewer service to the septic tank has been completely disconnected from the old septic system prior to connection to the City sanitary sewer system. 10. On-site Well Disconnect Term. The applicant must completely disconnect the on-site well from the house prior to connection to the City water system to protect the City’s system from cross contamination. The applicant must contact the City Water and Sewer Superintendent to inspect the disconnect prior to connection of water service from the house to the City water system. 11. COB Resolution 5076 - Davis Lane is classified as a Minor Arterial in the Bozeman Transportation Master Plan (TMP), which has a minimum right-of-way ROW width of 100 feet. The applicant must provide their respective half of the ROW from the centerline of the existing ROW as a public street and utility easement where Davis Lane is adjacent to the property (A 50 ft easement is requested with this annexation). A public street and utility easement must be provided prior to the adoption of Resolution of Annexation. The applicant can contact the City's Engineering Department to receive a copy of the standard easement language. 12. COB Resolution 5076 - The applicant must contact Griffin Nielsen with the City's Engineering Department to obtain an analysis of cash-in-lieu of water rights for the proposed annexation. The determined amount must be paid prior to the adoption of Resolution of Annexation, if applicable. 57 Staff Report for the 6730 Davis Lane Annexation and Zone Map Amendment, Application 22020 Page 10 of 34 SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT Please note that these contingencies are necessary for the City to complete the process of the proposed amendment. These contingencies only apply in the event that the related annexation request has previously been approved. Recommended Contingencies of Approval: 1. Naming Contingency. That all documents and exhibits necessary to establish the amended municipal zoning designation of REMU shall be identified as the 6730 Davis Lane Zone Map Amendment. 2. Map Contingency. The applicant must submit a zone amendment map, titled “6730 Davis Lane Zone Map Amendment”, acceptable to the Director of Public Works, as a PDF which will be utilized in the preparation of the Ordinance to officially amend the City of Bozeman Zoning Map. Said map shall contain a metes and bounds legal description of the perimeter of the subject property including adjacent rights-of-way, and total acreage of the property. 3. Ordinance Notice Contingency. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant provides an editable metes and bounds legal description prepared by a licensed Montana surveyor. 4. Timing Notice Contingency. All required materials shall be provided to the Department of Community Development within 60 days of a favorable action of the City Commission or any approval shall be null and void. SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS Annexation Having considered the criteria established for an annexation, the Development Review Committee (DRC) did not find any deficiencies that prohibit annexation at this time. The City Commission will hold a public meeting on the annexation on August 2, 2022. The meeting will begin at 6 p.m. in the Commission Room at City Hall, 121 N. Rouse Ave, Bozeman, Montana, the City Commission will conduct a public hearing on the proposed Annexation and Zone Map Amendment application. Members of the public will also be able to participate remotely via WebEx. Instructions for joining the WebEx meeting will be included on the meeting agenda which is published on the City’s website at least 48 hours prior to the meeting. 58 Staff Report for the 6730 Davis Lane Annexation and Zone Map Amendment, Application 22020 Page 11 of 34 Zone Map Amendment Having considered the criteria established for a zone map amendment, the Staff found the requested zoning meets standards for approval as submitted. The Zone Map Amendment (ZMA) is in conjunction with an annexation request. Staff’s recommendation and staff responses are predicated on approval of the annexation, application 22020. The Development Review Committee (DRC) considered the amendment. The DRC did not identify any infrastructure or regulatory constraints that would impede the approval of the application. The Community Development Board acting in their capacity as the Zoning Commission will hold a public hearing on this ZMA on July 18, 2022 and will forward a recommendation to the Commission on the Zone Map amendment. The City Commission will hold a public hearing on the zone map amendment on August 2, 2022. The meeting will begin at 6 p.m. The meeting will be conducted through WebEx. Instructions on joining the meeting will be included on the meeting agenda. SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS In considering applications for approval of the requested annexation, the advisory boards and City Commission shall consider the following: Commission Resolution No. 5076 Criteria Commission Resolution No. 5076 Goals Goal 1: The City of Bozeman encourages annexations of land contiguous to the City. Criterion Met. The property in question is contiguous to the City limits on the west side. Goal 2: The City encourages all areas that are totally surrounded by the City to annex. Criterion Met. The subject property is wholly surrounded although not all side for the property are immediately adjacent to City limits. Goal 3: The City encourages all properties currently contracting with the City for City services such as water, sanitary sewer, and/or fire protection to annex. Neutral. The subject property is not connected to City services. The existing structure will be required to connect to City services as a term of annexation. Any future development will be required to connect with City services. 59 Staff Report for the 6730 Davis Lane Annexation and Zone Map Amendment, Application 22020 Page 12 of 34 Goal 4: The City of Bozeman requires annexation of all land proposed for development lying within the existing and planned service area of the municipal water and sewer systems as depicted in their respective facility plans, any land proposed for development that proposes to utilize municipal water or sewer systems. Criterion Met. The subject property lies within the planned service area of the municipal water and sewer services. Future proposed developments will be required to utilize municipal water or sewer systems. Goal 5: The City encourages annexations within the urban area identified on the future land use map in the current Bozeman Growth Policy. Criterion Met. As shown in Section 1, the subject property is planned as ‘Community Commercial Mixed Use’ and is within the urban area of the growth policy. See the discussion under Criterion A of Section 6 of the report for more information on the growth policy. Goal 6: The City of Bozeman encourages annexations to make the City boundaries more regular rather than creating irregular extensions which leave unannexed gaps between annexed areas or islands of annexed or unannexed land. Criterion Met. The proposed annexation will fill in a missing gap to continue Davis Lane as a north-south western border of the City limits. If approved, this annexation will temporarily create an irregular city boundary it does partially fill another inholding in the city. This annexation would further the goal of a consistent north-south border along Davis Lane. Goal 7: The City of Bozeman encourages annexations which will enhance the existing traffic circulation system or provide for circulation systems that do not exist at the present time. Criterion Met. The subject property will provide the necessary right of way and utility easements for Davis Lane to the west which is designated by the City as a minor arterial. No addition internal street network is required to serve the property at this time. Further development may necessitate additional local and/or internal streets. Goal 8: The City prefers annexation of parcels of land larger than five (5) acres in size, but will allow annexation of smaller parcels if factors such as topographic limitations, sanitary disposal needs, fire access, maintenance of public facilities, etc., justify a smaller annexation. Criterion Met. The subject property is approximately 10.071 acres. Goal 9: The City seeks to obtain water rights adequate for future development of the property with annexation. Criterion Met. After annexation, the subject property will be bound to the provisions of 38.410.130 which require evaluation of water adequacy and provision of water if needed at 60 Staff Report for the 6730 Davis Lane Annexation and Zone Map Amendment, Application 22020 Page 13 of 34 time of development. The municipal code section requires water rights or an equivalent to be provided. Exact timing and amounts will be evaluated during development review. There are several methods to address the requirements of 38.410.130. The annexation agreement will provide notice of this requirement, see Terms of Annexation 7(c) and 12. The landowner will consent to this requirement by signature on the annexation agreement. Goal 10: The City of Bozeman encourages annexations for City provision of clean treated water and sanitary sewer. Criterion Met. The subject property is located within the City’s planned water and sewer service area. See Goal 4 above. There is an existing 24 inch sanitary sewer pipe in Davis Lane. Water supply is installed in Davis Lane and currently terminates at the southern edge of the subject property. In addition, water delivery stubs are installed in Galloway Street and Equestrian Lane west of Davis Lane. Any future development will be required to connect to the City systems. Per Term of Annexation 8, the Annexation Agreement required to finalize the requested annexation will require the applicant to design extensions of services to meet the City’s adopted infrastructure standards. These include provisions for minimum water pressure and volumes, adequate sewer flows by volume, gravity flow of sewers, and other standards necessary to protect public health and safety and ensure functional utilities. Resolution No. 5076 Policies Policy 1: Annexations must include dedication of all easements for rights-of-way for collector and arterial streets, adjacent local streets, public water, sanitary sewer, or storm or sewer mains, and Class I public trails not within the right of way for arterial or collector streets. Annexations must also include waivers of right to protest the creation of special or improvement districts necessary to provide the essential services for future development of the City. Criterion Met. As discussed in Section 5 Goal 7, additional right of way is being included for Davis Lane. The Recommended Terms of Annexation include requirements for this right of way provisions. See Terms of Annexation 11. No Class I trails are designated for the subject property according to the PROST Plan. Policy 2: Issues pertaining to master planning and zoning must be addressed prior to or in conjunction with the application for annexation. Criterion Met. The subject property is planned for “Community Commercial Mixed Use”. No change to the growth policy is required. The application includes a request for initial zoning of REMU. See the zone map amendment section of this report for analysis of the zone map amendment criteria. 61 Staff Report for the 6730 Davis Lane Annexation and Zone Map Amendment, Application 22020 Page 14 of 34 Policy 3: The application for annexation must be in conformance with the current Bozeman Growth Policy. If a Growth Policy Amendment is necessary to accommodate anticipated uses, the amendment process must be initiated by the property owner and completed prior to any action for approval of the application for annexation. Criterion Met. The property is designated “Community Commercial Mixed Use” on the future land use map. No growth policy amendment is required. See discussion under zone map amendment Criterion A. Policy 4: Initial zoning classification of the property to be annexed will be determined by the City Commission, in compliance with the Bozeman Growth Policy and upon a recommendation of the City Zoning Commission, simultaneously with review of the annexation petition. The Community Development Board acting in their capacity as the City Zoning Commission will be reviewing the requested zoning district designation on July 18, 2022. The Zoning Commission’s recommendation will be passed along to the City Commission for review and consideration along with the annexation request on August 2, 2022. Policy 5: The applicant must indicate their preferred zoning classification as part of the annexation petition. Criterion Met. The applicant has requested a zoning designation of REMU, Residential Emphasis Mixed Use district. See Section 6 of this report for analysis of the requested zoning. Policy 6: Fees for annexation processing will be established by the City Commission. Criterion Met. The appropriate application processing and review fees accompanied the application. Policy 7: It is the policy of the City that annexations will not be approved where unpaved county roads will be the most commonly used route to gain access to the property unless the landowner proposes a method to provide for construction of the road to the City’s street standards. Criterion Met. The subject property is accessed by Davis Lane which is a minor arterial and paved to the edge of the subject property. Policy 8: Prior to annexation of property, the City will require the property owner to acquire adequate and usable water rights, or an appropriate fee in lieu thereof, in accordance with Section 38.410.130 of the municipal code, as amended. Criterion Met. The property owner shall provide usable water rights, or cash in-lieu of water rights thereof, in an amount to be determined by the Director of Public Works, as outlined by Section 38.410.130 of the municipal code. The calculated amount will be determined by the Director of Public Works and based on the zoning designation approved by the City 62 Staff Report for the 6730 Davis Lane Annexation and Zone Map Amendment, Application 22020 Page 15 of 34 Commission. Term of Annexation No. 8 requires notice of this requirement to be part of the annexation agreement. Satisfaction of this requirement will occur with future development. Policy 9: Infrastructure and emergency services for an area proposed for annexation will be reviewed for the health, safety and welfare of the public and conformance with the City’s adopted facility plans. If the City determines adequate services cannot be provided to ensure public health, safety and welfare, the City may require the property owner to provide a written plan for accommodation of these services, or the City may reject the petition for annexation. Additionally, the parcel to be annexed may only be provided sanitary sewer service via the applicable drainage basin defined in the City Wastewater Collection Facilities Plan. Criterion Met. City infrastructure and emergency services are available to the subject property. There is an existing 24 inch sanitary sewer pipe in Davis Lane. Water supply is installed in adjacent streets of Davis, Galloway, and Kimerwicke Streets. The property is located adjacent to existing urban development that is currently served by Bozeman Fire. Per Term of Annexation 7(d, & e) and 8, the Annexation Agreement required to finalize the requested annexation will require the applicant to design extensions of services to meet the City’s adopted infrastructure standards with future development. These include provisions for minimum water pressure and volumes, adequate sewer flows by volume, gravity flow of sewers, and other standards necessary to protect public health and safety and ensure functional utilities. Policy 10: The City may require annexation of any contiguous property for which city services are requested or for which city services are currently being provided. In addition, any person, firm, or corporation receiving water or sewer service outside of the City limits is required as a condition of initiating or continuing such service, to consent to annexation of the property serviced by the City. The City Manager may enter into an agreement with a property owner for connection to the City’s sanitary sewer or water system in an emergency conditioned upon the submittal by the property owner of a petition for annexation and filing of a notice of consent to annexation with the Gallatin County Clerk and Recorder’s Office. The contract for connection to city sewer and/or water must require the property owner to annex or consent to disconnection of the services. Connection for purposes of obtaining City sewer services in an emergency requires, when feasible as determined by the City, the connection to City water services. Criterion Met. The property is not currently provided City services. No emergency connection is requested. City services will be required to be provided concurrent with future development. Terms of Annexation 5 address connection to services. Policy 11: The annexation application shall be accompanied by mapping to meet the requirements of the Director of Public Works. Where an area to be annexed can be 63 Staff Report for the 6730 Davis Lane Annexation and Zone Map Amendment, Application 22020 Page 16 of 34 entirely described by reference to a certificate of survey or subdivision plat on file with the Gallatin County Clerk and Recorder the mapping may be waived by the Director of Public Works. Criterion Met. Mapping to meet the requirements of the Director of Public Works must be provided with the Annexation Agreement. Mapping requirements are addressed in Recommended Term of Annexation 2. The map must include adjacent right of way and therefore cannot be described solely by reference to un-platted lands. Policy 12: The City will assess system development/ impact fees in accordance with Montana law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code. Neutral. The annexation requires applicable fees for the existing home but not for future development. The annexation agreement will provide notice of obligations to pay impact fees at times of triggers as required in ordinance. Policy 13: Public notice requirements: Notice for annexation of property must be coordinated with the required notice for the zone map amendment required with all annexation. The zone map amendment notice must contain the materials required by 38.220.410, BMC. Notices of the public hearing have been mailed, published in the Bozeman Daily Chronicle twice, and posted on the site as set forth under this policy. See Appendix A for more details. Policy 14: Annexation agreements must be executed and returned to the City within 60 days of distribution of the annexation agreement by the City, unless another time is specifically identified by the City Commission. Criterion Met. Suggested terms of annexation include a notice that the agreement, once prepared and provided to the applicant, must be signed and retuned within the stated time period. This policy will be implemented only if the Commission acts to grant approval. If the application is denied then no annexation agreement will be necessary. Policy 15: When possible, the use of Part 46 annexations is preferred. Criterion Met. This annexation is being processed under Part 46 provisions. Policy 16: Where a road improvement district has been created, the annexation does not repeal the creation of the district. The City will not assume operations of the district until the entirety of the district has been annexed. Any funds held in trust for the district will be used to benefit the district after transfer to the City. Inclusion within a district does not lessen the obligation to participate in general city programs that address the same subject. Neutral. No road improvement district is associated with this application. 64 Staff Report for the 6730 Davis Lane Annexation and Zone Map Amendment, Application 22020 Page 17 of 34 Policy 17: The City will notify the Gallatin County Planning Department and Fire District providing service to the area of applications for annexation. Criterion Met. The necessary agencies were notified and provided copies of the annexation. Policy 18: The City will require connection to and use of all City services upon development of annexed properties. The City may establish a fixed time frame for connection to municipal utilities. Upon development, unless otherwise approved by the City, septic systems must be properly abandoned and the development connected to the City sanitary sewer system. Upon development, unless otherwise approved by the City, water wells on the subject property may be used for irrigation, but any potable uses must be supplied from the City water distribution system and any wells disconnected from structures. The property owner must contact the City Water and Sewer Superintendent to verify disconnects of wells and septic systems. Criterion Met. Term of annexation 9 and 10 requires full compliance with this policy. The existing residential structures utilized the emergency connection option in conjunction with this application to provide sewer service. No additional service are currently being contracted. If approved, the all septic systems and water use for human consumption will be severed and abandoned and connection to the City water and sewer system will be completed. Finally, all future development will be required to connect to city services. SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications for plan approval under this title, the advisory boards and City Commission must consider the following criteria (letters A-K). As an amendment is a legislative action, the Commission has broad latitude to determine a policy direction. The burden of proof that the application should be approved lies with the applicant. A zone map amendment must be in accordance with the growth policy (criteria A) and be designed to secure safety from fire and other dangers (criteria B), promote public health, public safety, and general welfare (criteria C), and facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a zone map amendment the Commission must find Criteria A-D are met. In addition, the Commission must also consider criteria E-K, and may find the zone map amendment to be positive, neutral, or negative with regards to these criteria. To approve the zone map amendment, the Commission must find the positive outcomes of the amendment outweigh negative outcomes for criteria E-K. In determining whether the criteria are met, Staff considers the entire body of plans and regulations for land development. Standards which prevent or mitigated negative impacts are 65 Staff Report for the 6730 Davis Lane Annexation and Zone Map Amendment, Application 22020 Page 18 of 34 incorporated throughout the entire municipal code but are principally in Chapter 38, Unified Development Code. Section 76-2-304, MCA (Zoning) Criteria A. Be in accordance with a growth policy. Criterion Met. The Bozeman Community Plan (BCP) 2020, Chapter 5, p. 73, in the section titled Review Criteria for Zoning Amendments and Their Application, discusses how the various criteria in 76-2-304 MCA are applied locally. Application of the criteria varies depending on whether an amendment is for the zoning map or for the text of Chapter 38, BMC. The first criterion for a zoning amendment is accordance with a growth policy. Future Land Use Map The proposed amendment is a change to the zoning map. Therefore, it is necessary to analyze compliance with the future land use map. Chapter 3 of the BCP 2020 addresses the future land use map. The introduction to that chapter discusses the importance of the chapter. Following are some excerpts. “Future land use is the community’s fundamental building block. It is an illustration of the City’s desired outcome to accommodate the complex and diverse needs of its residents.” “The land use map sets generalized expectations for what goes where in the community. Each category has its own descriptions. Understanding the future land use map is not possible without understanding the category descriptions.” The area of this application is within the anticipated growth area of the City. As shown on the maps in Section 1, on the excerpt of the current future land use map, the property is designated as Community Commercial Mixed Use. The Community Commercial Mixed Use designation description reads: “The Community Commercial Mixed Use category promotes commercial areas necessary for economic health and vibrancy. This includes professional and personal services, retail, education, health services, offices, public administration, and tourism establishments. Density is expected to be higher than it is currently in most commercial areas in Bozeman and should include multi- story buildings. Residences on upper floors, in appropriate circumstances, are encouraged. The urban character expected in this designation includes urban streetscapes, plazas, outdoor seating, public art, and hardscaped open space and park amenities. High density residential areas are expected in close proximity. Developments in this land use area should be located on one or two quadrants of intersections of the arterial and/or collector streets and integrated with transit and non-automotive routes. Due to past development patterns, there are also areas 66 Staff Report for the 6730 Davis Lane Annexation and Zone Map Amendment, Application 22020 Page 19 of 34 along major streets where this category is organized as a corridor rather than a center. Although a broad range of uses may be appropriate in both types of locations, the size and scale is to be smaller within the local service areas. Building and site designs made to support easy reuse of the building and site over time is important. Mixed use areas should be developed in an integrated, pedestrian friendly manner and should not be overly dominated by any single use. Higher intensity uses are encouraged in the core of the area or adjacent to significant streets and intersections. Building height or other methods of transition may be required for compatibility with adjacent development. Smaller neighborhood scale areas are intended to provide local service to an area of approximately one half-mile to one mile radius as well as passersby. These smaller centers support and help give identity to neighborhoods by providing a visible and distinct focal point as well as employment and services. Densities of nearby homes needed to support this scale are an average of 14 to 22 dwellings per net acre.” The correlation between the future land use map of the growth policy and the zoning districts is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the following Correlation with Zoning Table excerpt, the REMU district is an implementing district of the Community Commercial Mixed Use. The applicant is requesting REMU for the entire property, which is classified as a commercial and mixed-use zoning designation pursuant to section 38.300.110, BMC. The intent and purpose of the REMU district is to establish areas within Bozeman that are mixed-use in character and to provide options for a variety of housing, employment, retail and neighborhood service opportunities within a new or existing neighborhood. These purposes 67 Staff Report for the 6730 Davis Lane Annexation and Zone Map Amendment, Application 22020 Page 20 of 34 are accomplished by a variety of objectives as detailed in Appendix B in this report. In other words it is a very permissive zoning district. Tables 38.310.040.A, B, & C list permitted uses in the REMU district. All types of residential structures are allowed from accessory dwelling units through apartment buildings, nearly all type of commercial uses such as retail, medical, offices, restaurants, and convenience uses are permitted. Industrial uses are limited although light manufacturing is permitted on a smaller scale. This zoning district correlates with the principles applied in the Bozeman Community Plan 2020. Many of the ten principles are listed under Basic Planning Precepts of the Plan are supported by the REMU district For example, the precept that urban design should integrate in residential and commercial land use activities, multimodal transportation, and open spaces is supported by the REMU district implementation strategies #5. Secondly, precept that a variety in housing and employment opportunities are essential is supported by the REMU district objectives #1 and 4. Third, diverse uses of land should occur relatively close to one another. This precept is supported by implementation strategy #2, 3, 4 and intent and purpose statement. Finally, the City intends to create a healthy, safe, resilient, and sustainable community by incorporating a holistic approach to the design, construction, and operation of buildings, neighborhoods, and the City as a whole. Developments should contribute to these goals and be integrated into their neighborhood and the larger community. This goals is implemented by the zoning districts strategy #3, 4, 5, and 6. Additional harmonious synergies are apparent but overall, the REMU district is supportive of the BCP 2020. Goals and Policies A zoning amendment is also evaluated against the goals and policies of the BCP 2020. Most of the goals and policies are not applicable to this application. Relevant goals and objectives have been identified by staff. Conflict with the text of the growth policy hasn’t been identified. The Short Term Action list on page 63 of the BCP 2020 describes 14 items to implement the growth policy. The first two relate to direct changes to the zoning map in support of listed goals and objectives. These include increasing the intensity of zoning districts in already developed areas. Beginning on page 71 of the BCP 2020 in the section titled Zoning Amendment Review, the document discusses how the City implements zoning for new areas, amendments to areas, and revisions to existing text. This section includes a discussion of when the City may initiate a zoning change to a more intensive district to increase development opportunities. This section demonstrates that the City, as a matter of policy, is supportive of more intensive zoning districts and development. It is inconsistent with this approach to zone at annexation for lower intensities than what infrastructure and planning documents will support. This policy approach does not specify any individual district but does lean towards the more intensive portion of the zoning district spectrum. 68 Staff Report for the 6730 Davis Lane Annexation and Zone Map Amendment, Application 22020 Page 21 of 34 Goal DCD-1: Support urban development within the City. The proposed zoning is occurring in conjunction with an annexation. Any future development will be required to occur at urban densities and will be within the City. If the City Commission declines the annexation then the requested REMU zoning will not occur. DCD-1.11 Pursue annexations consistent with the future land use map and adopted facility plans for development at urban intensity. The proposed zoning is consistent with the future land use map and is within the current facilities plans. Goal RC-3: Collaborate with Gallatin County regarding annexation and development patterns adjacent to the City to provide certainty for landowners and taxpayers. Gallatin County has been notified of the proposed annexation. RC-3.3 Prioritize annexations that enable the incremental expansion of the City and its utilities. The property in question is contiguous to the City limits on the west. The annexations adds approximately 10.07 acres to the City limits that is available for urban development while creating a more consistent city border. RC-3.4 Encourage annexation of land adjacent to the City prior to development and encourage annexation of wholly surrounded areas. Refer to previous response (RC – 3.3 response) Goal N-2: Pursue simultaneous emergence of commercial nodes and residential development through diverse mechanisms in appropriate locations. REMU allows a variety of uses vertically and horizontally integrated. The proximity of this property to existing and proposed commercial and residential development furthers this goal. N-2.3 Investigate and encourage development of commerce concurrent with, or soon after, residential development. Actions, staff, and budgetary resources relating to neighborhood commercial development should be given a high priority. Refer to previous response (Goal – N.2 response) DCD-1.7 Coordinate infrastructure construction, maintenance, and upgrades to support infill development, reduce costs, and minimize disruption to the public. With further development another section of Davis will be constructed improving City infrastructure. 69 Staff Report for the 6730 Davis Lane Annexation and Zone Map Amendment, Application 22020 Page 22 of 34 DCD-2.7 Encourage the location of higher density housing and public transit routes in proximity to one another. Although no public transit is directly adjacent to the site, the Streamline Blue Line provides service to the intersection of Baxter Lane and North 27th Avenue. This intersection is approximately 3,000 feet from the subject property. Future Streamline service may run further north on 27th after street improvements and through connections. M-1.1 Prioritize mixed-use land use patterns. Encourage and enable the development of housing, jobs, and services in close proximity to one another. The intent and purpose of the REMU zoning district promotes this objective. B. Secure safety from fire and other dangers. Criterion Met. There is an existing home and related out buildings, however future development will be served by the Bozeman Fire Department. Fire protection water supply will be provided by the City of Bozeman water system. The property is not within any delineated floodplain nor does it have other known natural hazards. Upon annexation the subject property will be provided with City emergency services including police, fire and ambulance. Future development of the property will be required to conform to all City of Bozeman public safety, building and land use requirements. The City provides emergency services to adjacent properties and no obstacles have been identified in extending service to this parcel. C. Promote public health, public safety, and general welfare. Criterion Met. The proposed zoning designation will promote general welfare by implementing the future land use map in the BCP 2020. Public health and safety will be positively affected by requiring the two existing homes and new development to connect to municipal sanitary sewer and water systems, which will prevent groundwater pollution and depletion by wells and septic systems. General welfare has been evaluated during the adoption of Chapter 38 and found to be advanced by the adopted standards. Provision of parks, control of storm water, and other features of the City’s development standards also advance the general welfare. Compliance with the BCP 2020 as described in Section 6, Criterion A, shows advancement of the well- being of the community as a whole. See also Criterion B. D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. Criterion Met. This property is included in future planning areas. The City conducts extensive planning for municipal transportation, water, sewer, parks, and other facilities and services provided by the City. The adopted plans allow the City to consider existing conditions and identify enhancements needed to provide additional service needed by new development. The 70 Staff Report for the 6730 Davis Lane Annexation and Zone Map Amendment, Application 22020 Page 23 of 34 City implements these plans through its capital improvements program that identifies individual projects, project construction scheduling, and financing of construction. As stated in 38.300.020.C, the designation of a zoning district does not guarantee approval of new development until the City verifies the availability of needed infrastructure. All zoning districts in Bozeman enable a wide range of uses and intensities. At time of future subdivision or site plan review the need for individual services can be more precisely determined. No subdivision or site plan is approved without demonstration of adequate capacity. 38.300.020.C, “Placement of any given zoning district on an area depicted on the zoning map indicates a judgment on the part of the city that the range of uses allowed within that district are generally acceptable in that location. It is not a guarantee of approval for any given use prior to the completion of the appropriate review procedure and compliance with all of the applicable requirements and development standards of this chapter and other applicable policies, laws and ordinances. It is also not a guarantee of immediate infrastructure availability or a commitment on the part of the city to bear the cost of extending services.” See also comments under Criterion C. E. Reasonable provision of adequate light and air. Criterion Met. The REMU zoning designation has requirements for setbacks, height, and lot coverage which provide for the reasonable provision of adequate light and air. Any future development of the property will be required to conform to City standards for setbacks, height, lot coverage, and buffering. The form and intensity standards, Division 38.320, provide minimum lot areas, lot widths, lot coverage and maximum floor area ratios, and prescribe require minimum separation from property lines and limits building heights. Section 38.520.030 requires building placement to ensure access to light and air. Division 38.420 and Section 38.520.060 require dedication of parks and on-site open spaces to meet needs of residents. The standards provide a reasonable provision of adequate light and air. In addition to the zoning standards, adopted building codes contain more detailed requirements for air circulation, window placement, and building separation that further ensure the intent of this criterion is satisfied. F. The effect on motorized and non-motorized transportation systems. Criterion Met. The proposed zoning will allow for a higher density of uses than is currently allowed under Gallatin County zoning. As a result, under the proposed zoning, when a development is proposed, they will be responsible for their frontage improvements which will include improvements along Davis Lane. Future development will be required to provide enhanced motorized and non-motorized transportation systems. 71 Staff Report for the 6730 Davis Lane Annexation and Zone Map Amendment, Application 22020 Page 24 of 34 The Walk Score is low with a walk score of 14, a transit score of 20, and a bike score of 39. These values are provided by Walk Score, a private organization which presents information on real estate and transportation through walkscore.com. The algorithm which produces these numbers is proprietary. A score is not an indication of safety or continuity of services or routes. Scores are influenced by proximity of housing, transit, and services and expected ability, as determined by the algorithm, to meet basic needs without using a car. Sites located on the edge of the community have lower scores than those in the center of the community as the area is still under development and therefore diversity of uses is less than in fully established areas. There are no adopted development standards relating to the walk score. If, as suggested by the applicant, their statement of constructing mixed-use, may eventually improve these scores. Average walk score for the city as a whole is 47 out of 100. According to Walk Score® the walks score measures the walkability of any address based on the distance to nearby places and pedestrian friendliness. 90 – 100 Walker’s Paradise. Daily errands do not require a car. 70 – 89 Very Walkable. Most errands can be accomplished on foot. 50 – 69 Somewhat walkable. Some errands can be accomplished on foot. 25 – 49 Car-Dependent. Most errands require a car. 0 – 24 Car-Dependent. Almost all errands require a car. G. Promotion of compatible urban growth. Criterion Met. The intent and purpose of the REMU is to establish areas within Bozeman that are mixed-use in character and to provide options for a variety of housing, employment, retail and neighborhood service opportunities within a new or existing neighborhood. The character of the area is emerging. A ninety acre areas has been designated as a commercial hub for over twenty years in the past three growth policies the designation has yet to realize its vision. Numerous developments have been constructed in the Baxter Meadows subdivision including commercial and residential development much of the area remains underdeveloped until recently. The Park Meadows mixed use development constructed a park in anticipation of additional residential uses and have an approved master site plan for a mixed use development on the west side of Davis Lane. In addition, multiple annexation are being processed in this commercial area laying the ground work for additional development. The City’s future land use map designates the properties as Community Commercial Mixed- Use. These designations correlate with several zoning districts including the REMU district proposed by the applicants. The districts were developed by the City to promote appropriate urban growth compatible with the areas of the City as identified on the future land use map. Based on the land use map designations and correlated zoning districts in the plan and proposed 72 Staff Report for the 6730 Davis Lane Annexation and Zone Map Amendment, Application 22020 Page 25 of 34 by the applicants, the zone map amendment would promote compatible urban growth. Also see the discussion in (H) below. H. Character of the district. Criterion Met. The proposed REMU zoning promotes the character of the district as the intent of the Residential Emphasis Mixed-use District is to: “… establish areas within Bozeman that are mixed-use in character and to provide options for a variety of housing, employment, retail and neighborhood service opportunities within a new or existing neighborhood.” Described in Appendix B below the district employs nine aspirational statements to encourage developers to design and construct developments that meet the intent and purpose of the district. 1. Emphasizing residential as the primary use, including single household dwellings, two to four household dwellings, townhouses, and apartments. 2. Providing for a diverse array of neighborhood-scaled commercial and civic uses supporting residential. 3. Emphasizing a vertical and horizontal mix of uses in a compact and walkable neighborhood setting. 4. Promoting neighborhoods that: a. Create self-sustaining neighborhoods that will lay the foundation for healthy lifestyles; b. Support compact, walkable developments that promote balanced transportation options; c. Have residential as the majority use with a range of densities; d. Provide for a diverse array of commercial and civic uses supporting residential; e. Have residential and commercial uses mixed vertically and/or horizontally; f. Locate commercial uses within walking distance; g. Incorporate a wider range of housing types; and h. Encourage developments that exhibit the physical design characteristics of vibrant, urban, and pedestrian-oriented complete streets. 5. Providing standards and guidelines that emphasize a sense of place: a. Support or add to an existing neighborhood context; b. Enhance an existing neighborhood's sense of place and strive to make it more self-sustainable; c. Encourage a new neighborhood commercial center(s) with a unique identity and strong sense of place; d. Develop commercial and mixed-use areas that are safe, comfortable, and attractive to pedestrians; and e. Reinforce the principle of streets as public places that encourage pedestrian and bicycle travel, transit, on-street parking and physical elements of complete streets. 73 Staff Report for the 6730 Davis Lane Annexation and Zone Map Amendment, Application 22020 Page 26 of 34 6. Providing standards and guidelines that emphasize natural amenities: a. Preserve and integrate the natural amenities into the development; and b. Appropriately balance a hierarchy of both parks and public spaces that are within the neighborhood. 7. Providing standards and guidelines that emphasize the development of centers: a. Group uses of property to create vibrant centers; b. Where appropriate create a center within an existing neighborhood; c. Facilitate proven, market driven projects to ensure both long and short-term financial viability; d. Allow an appropriate blend of complementary mixed land uses including, but not limited to, retail, offices, commercial services, restaurants, bars, hotels, recreation and civic uses, and housing, to create economic and social vitality; e. Foster the master plan development into a mix of feasible, market driven uses; f. Emphasize the need to serve the adjacent, local neighborhood and as well as the greater Bozeman area; and g. Maximize land use efficiency by encouraging shared use parking. 8. Promoting the integration of action: a. Support existing infrastructure that is within and adjacent to REMU zones; b. Encourage thoughtfully developed master planned communities; c. Provide flexibility in the placement and design of new developments and redevelopment to anticipate changes in the marketplace; d. Provide flexibility in phasing to help ensure both long and short term financial viability for the project as a whole; 9. Providing standards and guidelines that promote sustainable design: Use of this zone is appropriate for sites at least five acres in size and areas located adjacent to an existing or planned residential area to help sustain commercial uses within walking distance and a wider range of housing types With such a broad intent and purpose statement is difficult to find the REMU district would not be promotive of a districts character. The applicant states the obvious that the REMU district, “will allow for similar and additional compatible uses and allow for increased residential density and small scale retail and restaurants…” However, other residential zoning districts allow the same residential structure types and densities as the REMU district. The REMU district allows great latitude for large scale commercial use as described in Table 38.310.040.A and B. Retail uses are limited as proportion of the master planned site, there is no restrictions to convenience uses, offices, general service use, short term rentals, although hotels are limited to 40,000 square feet. 74 Staff Report for the 6730 Davis Lane Annexation and Zone Map Amendment, Application 22020 Page 27 of 34 Section 76-2-302, MCA says “…legislative body may divide the municipality into districts of the number, shape, and area as are considered best suited to carry out the purposes [promoting health, safety, morals, or the general welfare of the community] of this part.” Emphasis added. This proposal amends the zoning map and not the text. Therefore, no element of this amendment modifies the standards of any zoning district. The character of the districts as created by those standards remains intact. As noted above, the City Commission has latitude in considering the geographical extents of a zoning district. Application of any municipal zoning district to the subject property will alter the existing agricultural character of the subject property. It is not expected that zoning freeze the character of an area in perpetuity. Rather, it provides a structured method to consider changes to the character. The City has defined compatible development as: “The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and objectives of the city's adopted growth policy. Elements of compatible development include, but are not limited to, variety of architectural design; rhythm of architectural elements; scale; intensity; materials; building siting; lot and building size; hours of operation; and integration with existing community systems including water and sewer services, natural elements in the area, motorized and non-motorized transportation, and open spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design, density or use.” The City has adopted many standards to identify and avoid or mitigate demonstrable negative impacts of development. These will support the ability of future development in REMU to be compatible with adjacent development and uphold the residential character of the area. As noticed in the growth policy under discussion of this criterion a local street is considered an adequate separation between different uses and districts to minimize impacts, see page 77 of the Bozeman Community Plan 2020. I. Peculiar suitability for particular uses. Criterion Met. The property is located adjacent to residential and commercial uses which the REMU envisions a combination of. The site is well located in relation to utilities and transportation. Proximity of housing to significant services and employment is encouraged in the growth policy. The proposed REMU zoning designation is suitable for the property’s location and adjacent uses. 75 Staff Report for the 6730 Davis Lane Annexation and Zone Map Amendment, Application 22020 Page 28 of 34 J. Conserving the value of buildings. Neutral. The existing residential structure will likely be remove to make way for development on the property. Based on available evidence it appears that annexation and further intensification increases the value of property and buildings adjacent to those properties that are annexed. Considerable new development has and is planned to occur nearby. Development of the site will likely increase building values in the area, including the County inholdings, by adding additional demand for goods and services, connecting and completing the transportation network, and through the minimum standards of the REMU district nine implantation strategies. K. Encourage the most appropriate use of land throughout the jurisdictional area. Criterion Met. The proposed REMU zoning designation will encourage the most appropriate use of land as the property is adjacent to both residential and commercial uses. There is access to the city’s services, including streets, thus is able to support a higher intensity of uses as allowed within the REMU zoning district. Furthermore, the proposed REMU zoning designation is consistent with the BCP 2020 future land use map designation of “Community Commercial Mixed Use”. Spot Zoning Criteria Rezoning may, in certain factual circumstances, constitute impermissible “spot zoning.” The issue of whether a rezoning constitutes spot zoning was discussed by the Montana Supreme Court in Plains Grains LP v. Board of County Comm’rs of Cascade County and Little v. Bd. Of County Comm’rs, in which the Court determined that the presence of the following three conditions generally will indicate that a given situation constitutes spot zoning, regardless of variations in factual scenarios. Based on the review of the following criteria, Staff concludes that this application is not Spot Zoning. 1. Is the proposed use significantly different from the prevailing land uses in the area? No. The proposed zoning is in substantial compliance and in accordance with the adopted Bozeman Community Plan 2020. Adjacent to and across Davis Lane is an area zoned B-2. The B-2 zone is a mixed use commercial zone in which a large portion is being used for high density residential. Directly to the north is property recently annexed and zoned as B-2M, another mixed use zoning district. The subject property is one small part of a large commercial node in the City that has been designated for such use in the past two Growth Policies. While the proposed use is not an exact match in type or intensity of the adjacent land uses overall, it is not significantly different from the uses. To the west of the subject property is 76 Staff Report for the 6730 Davis Lane Annexation and Zone Map Amendment, Application 22020 Page 29 of 34 currently property being used for high density residential and commercial activity. The unannexed property to the south and east are single family homes. Thus, while the REMU is not the same as the adjacent properties today, it is a proposed intensity that falls within the range of adjacent properties land uses of high density residential, commercial use, and single-household residential that is being converted into urban uses and densities according to the BCP 2020. As discussed in Criterion A above, the REMU zoning is consistent with the adopted growth policy. 2. Is the area requested for the rezone rather small in terms of the number of separate landowners benefited from the proposed change? Yes. The application is submitted by one landowner in conjunction with the proposed annexation of the property. While the City supports and encourages multiparty annexation applications, they are not required, thus single owner petition annexation requests are the most frequently seen. The amendment is consistent with and supports the City’s adopted growth policy, thus is assumed to be a benefit to the greater community even though the number of immediate landowners are small. 3. Would the change be in the nature of “special legislation” designed to benefit only one or a few landowners at the expense of the surrounding landowners or the general public? No. While the applicant will directly benefit from the proposed zone map amendment, the amendment is not at the expense of surrounding landowners or the general public. As discussed previously, no substantial negative impacts are identified due to this amendment. The application is consistent both with the City’s and the County’s growth policy. The growth policy’s consistency demonstrates benefit to the general public and greater community. As mentioned previously, any future development will require the applicant to provide the needed infrastructure to support new development. Concurrency and adequacy of infrastructure should mitigate potential negative effects on others. As discussed in Criterion H, the application is similar and consistent with the existing and developing character of the area. Therefore, the amendment does not benefit the landowner at the expense of others. PROTEST NOTICE FOR ZONING AMENDMENTS IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION. 77 Staff Report for the 6730 Davis Lane Annexation and Zone Map Amendment, Application 22020 Page 30 of 34 The City will accept written protests from property owners against the proposal described in this report until the close of the public hearing before the City Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property within the area affected by the proposal or by owner(s) of real property that lie within 150 feet of an area affected by the proposal. The protest must be in writing and must be signed by all owners of the real property. In addition, a sufficient protest must: (i) contain a description of the action protested sufficient to identify the action against which the protest is lodged; and (ii) contain a statement of the protestor's qualifications (including listing all owners of the property and the physical address), to protest the action against which the protest is lodged, including ownership of property affected by the action. Signers are encouraged to print their names after their signatures. A person may in writing withdraw a previously filed protest at any time prior to final action by the City Commission. Protests must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230. APPENDIX A - NOTICING AND PUBLIC COMMENT Notice was published in the Bozeman Daily Chronicle on July 3 and 10, 2022. The notice was posted on site and notices mailed by the applicant as required by 38.220 and the required confirmation provided to the Planning Office. Notice was provided at least 15 and not more than 45 days prior to any public hearing. As of the writing of this report on June 29, 2022, no written comments have been received on this application. APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING Adopted Growth Policy Designation: The property is designated as community commercial mixed use in the Bozeman Community Plan 2020 future land use map – see descriptions below. “Community Commercial Mixed Use.” The growth policy states that, “activities within this land use category are the basic employment and services necessary for a vibrant community. Establishments located within these categories draw from the community as a whole for their employee and customer base and are sized accordingly. A broad range of functions including retail, education, professional and personal services, offices, residences, and general service activities typify this designation. In the “center-based” land use pattern, Community Commercial Mixed Use areas are integrated with significant transportation corridors, including transit and non-automotive routes, to facilitate efficient travel opportunities. The density of development is expected to be higher than currently seen in most commercial areas in Bozeman and should include multi-story buildings…High density residential areas are expected in close proximity. Including residential units on sites within 78 Staff Report for the 6730 Davis Lane Annexation and Zone Map Amendment, Application 22020 Page 31 of 34 this category, typically on upper floors, will facilitate the provision of services and opportunities to persons without requiring the use of an automobile… Mixed use areas should be developed in an integrated, pedestrian friendly manner and should not be overly dominated by any single land use. Higher intensity employment and residential uses are encouraged in the core of the area or adjacent to significant streets and intersections. As needed, building height transitions should be provided to be compatible with adjacent development.” The Zoning Correlation Table on Page 58 of the Bozeman Community Plan, 2020 correlates zoning districts with the Growth Policy’s land use categories, demonstrating that the proposed zoning designation of B-2M correlates with the Growth Policy’s future land use designation of “Community Commercial Mixed Use”. Proposed Zoning Designation and Land Uses: The applicant has requested zoning of REMU, Residential Emphasis Mixed Use District whose intent is to: Residential emphasis mixed-use zoning district (REMU). The intent and purpose of the REMU district is to establish areas within Bozeman that are mixed-use in character and to provide options for a variety of housing, employment, retail and neighborhood service opportunities within a new or existing neighborhood. These purposes are accomplished by: 1. Emphasizing residential as the primary use, including single household dwellings, two to four household dwellings, townhouses, and apartments. 2. Providing for a diverse array of neighborhood-scaled commercial and civic uses supporting residential. 3. Emphasizing a vertical and horizontal mix of uses in a compact and walkable neighborhood setting. 4. Promoting neighborhoods that: i. Create self-sustaining neighborhoods that will lay the foundation for healthy lifestyles; j. Support compact, walkable developments that promote balanced transportation options; k. Have residential as the majority use with a range of densities; l. Provide for a diverse array of commercial and civic uses supporting residential; m. Have residential and commercial uses mixed vertically and/or horizontally; n. Locate commercial uses within walking distance; o. Incorporate a wider range of housing types; and p. Encourage developments that exhibit the physical design characteristics of vibrant, urban, and pedestrian-oriented complete streets. 5. Providing standards and guidelines that emphasize a sense of place: 79 Staff Report for the 6730 Davis Lane Annexation and Zone Map Amendment, Application 22020 Page 32 of 34 f. Support or add to an existing neighborhood context; g. Enhance an existing neighborhood's sense of place and strive to make it more self-sustainable; h. Encourage a new neighborhood commercial center(s) with a unique identity and strong sense of place; i. Develop commercial and mixed-use areas that are safe, comfortable, and attractive to pedestrians; and j. Reinforce the principle of streets as public places that encourage pedestrian and bicycle travel, transit, on-street parking and physical elements of complete streets. 6. Providing standards and guidelines that emphasize natural amenities: c. Preserve and integrate the natural amenities into the development; and d. Appropriately balance a hierarchy of both parks and public spaces that are within the neighborhood. 7. Providing standards and guidelines that emphasize the development of centers: a. Group uses of property to create vibrant centers; h. Where appropriate create a center within an existing neighborhood; i. Facilitate proven, market driven projects to ensure both long and short-term financial viability; j. Allow an appropriate blend of complementary mixed land uses including, but not limited to, retail, offices, commercial services, restaurants, bars, hotels, recreation and civic uses, and housing, to create economic and social vitality; k. Foster the master plan development into a mix of feasible, market driven uses; l. Emphasize the need to serve the adjacent, local neighborhood and as well as the greater Bozeman area; and m. Maximize land use efficiency by encouraging shared use parking. 8. Promoting the integration of action: e. Support existing infrastructure that is within and adjacent to REMU zones; f. Encourage thoughtfully developed master planned communities; g. Provide flexibility in the placement and design of new developments and redevelopment to anticipate changes in the marketplace; h. Provide flexibility in phasing to help ensure both long and short term financial viability for the project as a whole; 9. Providing standards and guidelines that promote sustainable design: Use of this zone is appropriate for sites at least five acres in size and areas located adjacent to an existing or planned residential area to help sustain commercial uses within walking distance and a wider range of housing types. The Zoning Correlation Table on Page 58 of the Bozeman Community Plan, 2020 correlates zoning districts with the Growth Policy’s land use categories, demonstrating that the proposed 80 Staff Report for the 6730 Davis Lane Annexation and Zone Map Amendment, Application 22020 Page 33 of 34 zoning designation of REMU correlates with the Growth Policy’s future land use designation of “Residential Mixed-Use”. 81 Staff Report for the 6730 Davis Lane Annexation and Zone Map Amendment, Application 22020 Page 34 of 34 APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF Owner: DL Phase One, LLC, 122 Kundert Lane, Bozeman, MT 59718 Applicant: DL Phase One, LLC, 122 Kundert Lane, Bozeman, MT 59718 Representative: Cadius Partners, LP, 23 Apex Drive, Bozeman, MT 59718 Report By: Tom Rogers, Senior Planner, Community Development Department FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Annexation or Zone Map Amendment. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. 82 Memorandum REPORT TO:Community Development Board FROM:Tom Rogers, Senior Planner Anna Bentley, Interim Director of Community Development SUBJECT:1001 Thomas Drive Annexation application 22067 requesting annexation of 15.115 acres and zone map amendment of the City Zoning Map for the establishment of a zoning designation of REMU (Residential Emphasis Mixed Use). MEETING DATE:August 1, 2022 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 22067 and move to recommend approval of the 1001 Thomas Drive Annexation Zone Map Amendment, with contingencies required to complete the application processing. STRATEGIC PLAN:4.1 Informed Conversation on Growth: Continue developing an in-depth understanding of how Bozeman is growing and changing and proactively address change in a balanced and coordinated manner. BACKGROUND:The applicant and property owners seek to annex one parcel totaling approximately 15.115 acres into the City limits and establish initial zoning of REMU (Residential Emphasis Mixed Use). The property is currently zoned “Agriculture Suburban” (AS) within the Gallatin County Bozeman Area Zoning District. Nearby municipal zoning to the east is PB (Business Park District), on the south is R-4 (High Density Residential District) and currently has an application to change the zoning to REMU, to the north and east is R-O (Residential Office) and R-3 (Residential Medium Density District). The Future Land Use Map in the Bozeman Community Plan (BCP) 2020 designates the property as “Urban Neighborhood” which includes the REMU district as an implementing zoning district. The property is bordered by a future extension of Thomas Drive, also known as North 27th Avenue, to the east. Thomas Drive is a designated Collector street in the Bozeman Area Master Transportation Plan, 2017 Update. The proposed annexation would bring in additional right of way to build out Thomas Drive to the full city street classification as would be required with future development. The property currently hosts a detached single-household residential structure connected to an individual well and septic system. The property is 83 bounded by other un-annexed land only on the southwest side of the property. There is an existing 8 inch sanitary sewer pipe adjacent to the property on the east. A 12 inch water main is installed in adjacent to the property on the east. UNRESOLVED ISSUES:There are no identified conflicts on this application at this time. ALTERNATIVES:1. Approve the application and associated resolution and ordinance; 2. Approve the application with modifications to the recommended zoning; 3. Deny the application based on the Commission’s findings of non- compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Annexation or Zone Map Amendment. Attachments: 22067 1001 Thomas Annx-ZMA CDB SR.pdf Report compiled on: July 1, 2022 84 Page 1 of 35 22067 Staff Report for the 1001 Thomas Drive Annexation and Zone Map Amendment Public Hearing: Community Development Board meeting is on July 18, 2022 City Commission meeting is on August 2, 2022 Project Description: Annexation application 22067 requesting annexation of 15.115 acres and zone map amendment of the City Zoning Map for the establishment of a zoning designation of REMU (Residential Emphasis Mixed Use). Project Location: 1001 Thomas Drive and more particularly described as a Tract of Land situated in the Southwest One-Quarter (SW ¼) of Section 35, Township One South (T1S), Range Five East (R5E) of P.M.M., Gallatin County, Montana. The annexation and zone map amendment would also apply to the streets adjacent to the property. Recommendation: Meets standards for approval with terms of annexation and contingencies. Recommended Zoning Commission Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 22067 and move to recommend approval of the 1001 Thomas Drive Annexation Zone Map Amendment, with contingencies required to complete the application processing. Recommended City Commission Annexation Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 22067 and move to approve the 1001 Thomas Drive Annexation, with recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties. Recommended City Commission Zoning Motion: Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 22067 and move to approve the 1001 Thomas Drive Zone Map subject to contingencies required to complete the application processing. Report: June 29, 2022 Staff Contact: Tom Rogers, Senior Planner Karl Johnson, Engineer Agenda Item Type: Action - Legislative 85 Staff Report for the 1001 Thomas Drive Annexation & ZMA, Application 22067 Page 2 of 35 EXECUTIVE SUMMARY This report is based on the application materials submitted and public comment received to date. This report addresses both the zoning amendment for Zoning Commission as well as the annexation and the zoning amendment for the City Commission. Application materials available at: https://weblink.bozeman.net/WebLink/Browse.aspx?startid=260404 Unresolved Issues There are no identified conflicts on this application at this time. Project Summary The applicant and property owners seek to annex one parcel totaling approximately 15.115 acres into the City limits and establish initial zoning of REMU (Residential Emphasis Mixed Use). The property is currently zoned “Agriculture Suburban” (AS) within the Gallatin County Bozeman Area Zoning District. Nearby municipal zoning to the east is PB (Business Park District), on the south is R-4 (High Density Residential District) and currently has an application to change the zoning to REMU, to the north and east is R-O (Residential Office) and R-3 (Residential Medium Density District). The Future Land Use Map in the Bozeman Community Plan (BCP) 2020 designates the property as “Urban Neighborhood” which includes the REMU district as an implementing zoning district. The property is bordered by a future extension of Thomas Drive, also known as North 27th Avenue, to the east. Thomas Drive is a designated Collector street in the Bozeman Area Master Transportation Plan, 2017 Update. The proposed annexation would bring in additional right of way to build out Thomas Drive to the full city street classification as would be required with future development. The property currently hosts a detached single-household residential structure connected to an individual well and septic system. The property is bounded by other un-annexed land only on the southwest side of the property. There is an existing 8 inch sanitary sewer pipe adjacent to the property on the east. A 12 inch water main is installed in adjacent to the property on the east. In determining whether the criteria applicable to this application are met, Staff considers the entire body of plans and regulations for land development. Standards which prevent or mitigate possible negative impacts are incorporated in many locations in the municipal code but are principally in Chapter 38, Unified Development Code. References in the text of this report to Articles, Divisions, or in the form xx.xxx.xxx are to the Bozeman Municipal Code. No public comment has been received as of the date of production of this report. 86 Staff Report for the 1001 Thomas Drive Annexation & ZMA, Application 22067 Page 3 of 35 Alternatives 1. Approve the application and associated resolution and ordinance; 2. Approve the application with modifications to the recommended zoning; 3. Deny the application based on the Commission’s findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. 87 Staff Report for the 1001 Thomas Drive Annexation & ZMA, Application 22067 Page 4 of 35 TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 2 Unresolved Issues ............................................................................................................... 2 Project Summary ................................................................................................................. 2 Alternatives ......................................................................................................................... 3 SECTION 1 - MAP SERIES: ................................................................................................... 5 SECTION 2 - RECOMMENDED TERMS OF ANNEXATION ............................................ 8 SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT... 11 SECTION 4 – ADVISORY COMMENTS ............................................................................ 11 SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 12 Annexation ........................................................................................................................ 12 Zone Map Amendment ..................................................................................................... 12 SECTION 6 - ANNEXATION STAFF ANALYSIS AND FINDINGS ................................ 13 SECTION 7 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ........... 19 Spot Zoning Criteria ......................................................................................................... 29 PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 30 APPENDIX A - NOTICING AND PUBLIC COMMENT .................................................... 31 APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 31 APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF ............................ 35 FISCAL EFFECTS ................................................................................................................. 35 ATTACHMENTS ................................................................................................................... 35 88 Staff Report for the 1001 Thomas Drive Annexation & ZMA, Application 22067 Page 5 of 35 SECTION 1 - MAP SERIES: Map 1: Project Vicinity Map Subject Property Baxter Lane Thomas Drive 19th Avenue Davis Lane 89 Staff Report for the 1001 Thomas Drive Annexation & ZMA, Application 22067 Page 6 of 35 Map 2: BCP 2020 Future Land Use Map Subject Property 90 Staff Report for the 1001 Thomas Drive Annexation & ZMA, Application 22067 Page 7 of 35 Map 3: Existing City Zoning Subject Property 91 Staff Report for the 1001 Thomas Drive Annexation & ZMA, Application 22067 Page 8 of 35 SECTION 2 - RECOMMENDED TERMS OF ANNEXATION The following terms of annexation are recommended to enable the application to comply with the City’s Annexation Policy and the requirements of state law for the provision of services. Recommended terms of annexation: 1. The documents and exhibits to formally annex the subject property must be identified as the “1001 Thomas Drive Annexation”. 2. An Annexation Map, titled “1001 Thomas Drive Annexation” with a legal description of the property and any adjoining un-annexed rights-of-way and/or street access easements must be submitted by the applicant for use with the Annexation Agreement. The map must be supplied as a PDF for filing with the Annexation Agreement at the County Clerk & Recorder, and a digital copy for the City Engineers Office. This map must be acceptable to the Director of Public Works and City Engineers Office, and must be submitted with the signed Annexation Agreement. 3. The Annexation Agreement must include notice that the applicant must connect to municipal services and will be responsible for installing any facilities required to provide full municipal services to the property in accordance with city policy at the time of connection. 4. The applicant must execute all contingencies and terms of said Annexation Agreement with the City of Bozeman within 60 days of the distribution of the annexation agreement from the City to the applicant or annexation approval shall be null and void. 5. The Annexation Agreement must include the following notices: a. The Annexation Agreement must include notice that, prior to development, the applicant will be responsible for preparing a storm water master plan in conjunction with future development. The storm water master plan shall address maintenance and operations until and unless the City affirmatively assumes responsibility for maintenance and operations of stormwater facilities within the area of the annexation. b. The Annexation Agreement must include notice the City will, upon annexation, make available to the Property existing City services only to the extent currently available, or as provided in the Agreement. c. The Annexation Agreement must include notice that, prior to future final development approval, the applicant will be responsible for transfer of water rights or a payment in lieu as required by the Bozeman Municipal Code. d. The Annexation Agreement must include notice that there is no right, either granted or implied, for Landowner to further develop any of the Property until it is verified by the City that the necessary municipal services are available to the property. e. The Annexation Agreement must include notice that, prior to development, the applicant will be responsible for installing any facilities required to provide full municipal services to the properties in accordance with the City of Bozeman's 92 Staff Report for the 1001 Thomas Drive Annexation & ZMA, Application 22067 Page 9 of 35 infrastructure master plans and all City policies that may be in effect at the time of development. f. The Annexation Agreement must include notice that utility easements may be required to be provided by the landowner at the time of development to ensure necessary municipal services are available to the property. g. The Annexation Agreement must include notice that charges and assessments may be required after completion of annexation to ensure necessary municipal services are available to the property. h. The Annexation Agreement must include notice that the City will assess system development and impact fees in accordance with Montana law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code. i. All procedural terms necessary to establish the Annexation Agreement in conformance with state law and municipal practice will be included with the final Annexation Agreement. 6. The applicant must properly abandon the existing on-site septic tank and leach field prior to connection to the City sanitary sewer system. The applicant must report the abandonment to the City Water and Sewer Superintendent (Nick Pericich) for inspection, and the applicant must report the abandonment to the Gallatin City County Health Department. In addition to abandonment of the septic tank and leach field, the applicant must demonstrate that the sanitary sewer service to the septic tank has been completely disconnected from the old septic system prior to connection to the City sanitary sewer system. 7. The applicant must completely disconnect the on-site well from the house prior to connection to the City water system to protect the City’s system from cross contamination. The applicant must contact the City Water and Sewer Superintendent to inspect the disconnect prior to connection of water service from the house to the City water system. 8. If they do not already exist the applicant must provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SIDs) for the following: a. Street improvements to (Please refer to Engineering comments) including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. b. Intersection improvements at (Please refer to Engineering comments) including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. c. Alternate Financing Term. The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of the improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a 93 Staff Report for the 1001 Thomas Drive Annexation & ZMA, Application 22067 Page 10 of 35 combination thereof. The applicant must provide a copy of the SID waiver in conjunction with the Annexation Agreement. d. SID waiver template term. The applicant may obtain a copy of the template SID waiver from the City Engineering Department. The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the applicant agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. The applicant must provide a copy of the SID waiver filed with the County Clerk and Recorder prior to annexation. 9. The applicant must contact Brian Heaston with the City’s Engineering Department to obtain an analysis of cash-in-lieu of water rights for the proposed annexation. The determined amount must be paid prior to the adoption of Resolution of Annexation, if applicable. 10. The land owners and their successors must pay all fire, street, water and sewer impact fees at the time of connection; and for future development, as required by Chapter 2, Bozeman Municipal Code, or as amended at the time of application for any permit listed therein. 11. The applicant must provide a copy of the filed SID waiver prior to the adoption of Resolution of Annexation. A draft SID waiver with required streets and intersections is included in the city documents folder. 12. North 27th Avenue (Thomas Drive) is classified as a Collector in the Bozeman Transportation Master Plan (TMP), which has a minimum right-of-way ROW width of (90) feet. The applicant must provide their respective North 27th Avenue ROW as a public street and utility easement where North 27th Avenue is adjacent to the property. A public street and utility easement must be provided prior to the adoption of Resolution of Annexation. The applicant may contact the City's Engineering Department to receive a copy of the standard easement language. 13. The applicant must provide a copy of the filed SID waiver prior to the adoption of Resolution of Annexation. A draft SID waiver with required streets and intersections is included in the city documents folder. 94 Staff Report for the 1001 Thomas Drive Annexation & ZMA, Application 22067 Page 11 of 35 SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT Please note that these contingencies are necessary for the City to complete the process of the proposed amendment. These contingencies only apply in the event that the related annexation request has previously been approved. Recommended Contingencies of Approval: 1. The applicant must submit a zone amendment map, titled “1001 Thomas Drive Zone Map Amendment”, acceptable to the Director of Public Works, as a PDF which will be utilized in the preparation of the Ordinance to officially amend the City of Bozeman Zoning Map. Said map shall contain a metes and bounds legal description of the perimeter of the subject property including adjacent rights-of-way, and total acreage of the property. 2. That all documents and exhibits necessary to establish the amended municipal zoning designation of REMU (Residential Emphasis Mixed Use) shall be identified as the 1001 Thomas Drive Zone Map Amendment. 3. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant provides an editable metes and bounds legal description prepared by a licensed Montana surveyor. 4. All required materials shall be provided to the Department of Community Development within 60 days of a favorable action of the City Commission or any approval shall be null and void. SECTION 4 – ADVISORY COMMENTS 1. BMC 38.420.100.A - The wetland area may qualify this project for a parkland waiver if it is protected during development and set aside as part of long-term critical wildlife habitat (depending on habitat quality and quantity). Parks recommends not developing this area for a potential parkland waiver 2. BMC 38.400.010 - Relation to developed areas. The developer must arrange the streets and alleys to provide for the continuation of streets and alleys between adjacent developed properties when such continuation is necessary for the convenient movement of traffic, effective provision of emergency services and efficient provision of utilities. Hoover and Renee Way must be extended to at least the subject property's southern boundary upon future development 3. BMC 38.400.010 - All streets must comply with the adopted growth policy and/or transportation plan. North 27th Avenue must be constructed to the city's collector standard upon future development necessary for the convenient movement of traffic, effective provision of emergency services and efficient provision of utilities 95 Staff Report for the 1001 Thomas Drive Annexation & ZMA, Application 22067 Page 12 of 35 4. The proposed project is located in an area that is known to have seasonally high groundwater. The applicant must demonstrate that seasonal high groundwater will not impact the function or maintenance of storm water facilities. Industry guidance recommends a three-foot minimum separation from the bottom of a storm water facility to the underlying groundwater table. The applicant must provide local seasonal high groundwater elevations to support the proposed design SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS Annexation Having considered the criteria established for an annexation, the Development Review Committee (DRC) recommends approval of the requested annexation. The City Commission will hold a public meeting on the annexation on August 2, 2022. The meeting will begin at 6 p.m. in the Commission Room at City Hall, 121 N. Rouse Ave, Bozeman, Montana, the City Commission will conduct a public hearing on the proposed Annexation and Zone Map Amendment application. Members of the public will also be able to participate remotely via WebEx. Instructions for joining the WebEx meeting will be included on the meeting agenda which is published on the City’s website at least 48 hours prior to the meeting. Zone Map Amendment Having considered the criteria established for a zone map amendment, the Staff recommends approval as submitted. The Zone Map Amendment (ZMA) is in conjunction with an annexation request. Staff’s recommendation and staff responses are predicated on approval of the annexation, application 22067. The Development Review Committee (DRC) considered the amendment. The DRC did not identify any infrastructure or regulatory constraints that would impede the approval of the application. The Community Development Board acting in their capacity as the Zoning Commission will hold a public hearing on this ZMA on July 18, 2022 and will forward a recommendation to the City Commission on the Zone Map amendment. The City Commission will hold a public meeting on the zone map amendment on August 2, 2022. The meeting will begin at 6 p.m. in the Commission Room at City Hall, 121 N. Rouse Ave, Bozeman, Montana, the City Commission will conduct a public hearing on the proposed Annexation and Zone Map Amendment application. Members of the public will also be able to participate remotely via WebEx. Instructions for joining the WebEx meeting will be included on the meeting agenda which is published on the City’s website at least 48 hours prior to the meeting. 96 Staff Report for the 1001 Thomas Drive Annexation & ZMA, Application 22067 Page 13 of 35 SECTION 6 - ANNEXATION STAFF ANALYSIS AND FINDINGS In considering applications for approval of the requested annexation, the advisory boards and City Commission shall consider the following: Commission Resolution No. 5076 Criteria Commission Resolution No. 5076 Goals Goal 1: The City of Bozeman encourages annexations of land contiguous to the City. Criterion Met. The property in question is contiguous to the City limits on three sides of the property. Goal 2: The City encourages all areas that are totally surrounded by the City to annex. Criterion met. The subject property is totally surrounded by City limits. Eight (8) separate parcels are within this enclave of unannexed land totaling 90.56 acres. Two additional properties within this unannexed area are currently in the annexation process. All three parcels currently being considered for annexation total 33.56 acres. Please refer to the Section 2- Maps 3 for a map of this area. Goal 3: The City encourages all properties currently contracting with the City for City services such as water, sanitary sewer, and/or fire protection to annex. Neutral. The subject property is not currently contracting for services. Goal 4: The City of Bozeman requires annexation of all land proposed for development lying within the existing and planned service area of the municipal water and sewer systems as depicted in their respective facility plans, any land proposed for development that proposes to utilize municipal water or sewer systems. Criterion Met. The subject property lies within the planned service area of the municipal water and sewer services. The existing residential structure and any proposed future developments will be required to utilize municipal water or sewer systems. Goal 5: The City encourages annexations within the urban area identified on the future land use map in the current Bozeman Growth Policy. Criterion Met. As shown in Section 1, the subject property is primarily planned as ‘Urban Neighborhood’ and is within the urban area of the growth policy. See the discussion under Criterion A of Section 6 of the report for more information on the growth policy. 97 Staff Report for the 1001 Thomas Drive Annexation & ZMA, Application 22067 Page 14 of 35 Goal 6: The City of Bozeman encourages annexations to make the City boundaries more regular rather than creating irregular extensions which leave unannexed gaps between annexed areas or islands of annexed or unannexed land. Criterion Met. The proposed annexation will fill in a missing gap to continue Thomas Drive (North 27th Avenue) as a north-south transportation corridor. If approved, this annexation will decrease an existing irregular city boundary. Goal 7: The City of Bozeman encourages annexations which will enhance the existing traffic circulation system or provide for circulation systems that do not exist at the present time. Criterion Met. The subject property will provide the necessary right of way and utility easements for South 27th Avenue (Thomas Drive) to the east which is designated by the City as a collector. No addition internal street network is required to serve the property at this time. Further development may necessitate additional local and/or internal streets. Goal 8: The City prefers annexation of parcels of land larger than five (5) acres in size, but will allow annexation of smaller parcels if factors such as topographic limitations, sanitary disposal needs, fire access, maintenance of public facilities, etc., justify a smaller annexation. Criterion Met. The subject property is 15.115 acres. Goal 9: The City seeks to obtain water rights adequate for future development of the property with annexation. Criterion Met. After annexation, the subject property will be bound to the provisions of 38.410.130 which require evaluation of water adequacy and provision of water if needed at time of development. The municipal code section requires water rights or an equivalent to be provided. Exact timing and amounts will be evaluated during development review. There are several methods to address the requirements of 38.410.130. The annexation agreement will provide notice of this requirement, see Terms of Annexation 9. The landowner will consent to this requirement by signature on the annexation agreement. Goal 10: The City of Bozeman encourages annexations for City provision of clean treated water and sanitary sewer. Criterion Met. The subject property is located within the City’s planned water and sewer service area. See Goal 4 above. There is an existing 8 inch sanitary sewer and a 12 inch water supply pipe in a utility easement to the east of the property. Any future development will be required to connect to the City systems. Per Term of Annexation 5, the Annexation Agreement required to finalize the requested annexation will require the applicant to design extensions of services to meet the City’s adopted infrastructure standards. These include provisions for minimum water pressure and 98 Staff Report for the 1001 Thomas Drive Annexation & ZMA, Application 22067 Page 15 of 35 volumes, adequate sewer flows by volume, gravity flow of sewers, and other standards necessary to protect public health and safety and ensure functional utilities. Resolution No. 5076 Policies Policy 1: Annexations must include dedication of all easements for rights-of-way for collector and arterial streets, adjacent local streets, public water, sanitary sewer, or storm or sewer mains, and Class I public trails not within the right of way for arterial or collector streets. Annexations must also include waivers of right to protest the creation of special or improvement districts necessary to provide the essential services for future development of the City. Criterion Met. As discussed in Section 5 Goal 7, right of way is being included for Thomas Drive (North 27th Avenue to the east. The Recommended Terms of Annexation include requirements for these right of way provisions. See Terms of Annexation 12. Any additional easements and rights of way will be provided within the property with future development of the property as required by municipal standards. Exact locations will be determined by further technical analysis and site design. Policy 2: Issues pertaining to master planning and zoning must be addressed prior to or in conjunction with the application for annexation. Criterion Met. The subject property is planned for “Urban Neighborhood”. No change to the growth policy is required. The application includes a request for initial zoning of REMU. See the zone map amendment section of this report for analysis of the zone map amendment criteria. Policy 3: The application for annexation must be in conformance with the current Bozeman Growth Policy. If a Growth Policy Amendment is necessary to accommodate anticipated uses, the amendment process must be initiated by the property owner and completed prior to any action for approval of the application for annexation. Criterion Met. The property is designated “Urban Neighborhood” on the future land use map. No growth policy amendment is required. See discussion under zone map amendment Criterion A. Policy 4: Initial zoning classification of the property to be annexed will be determined by the City Commission, in compliance with the Bozeman Growth Policy and upon a recommendation of the City Zoning Commission, simultaneously with review of the annexation petition. The Community Development Board (CDB) acting in their capacity as the City Zoning Commission will be reviewing the requested zoning district designation on July 18, 2022. 99 Staff Report for the 1001 Thomas Drive Annexation & ZMA, Application 22067 Page 16 of 35 The CDB’s recommendation will be passed along to the City Commission for review and consideration along with the annexation request on August 2, 2022. Policy 5: The applicant must indicate their preferred zoning classification as part of the annexation petition. Criterion Met. The applicant has requested a zoning designation of REMU, Residential Emphasis Mixed Use district. See Section 6 of this report for analysis of the requested zoning. Policy 6: Fees for annexation processing will be established by the City Commission. Criterion Met. The appropriate application processing and review fees accompanied the application. Policy 7: It is the policy of the City that annexations will not be approved where unpaved county roads will be the most commonly used route to gain access to the property unless the landowner proposes a method to provide for construction of the road to the City’s street standards. Criterion Met. The subject property is accessed by Thomas Drive which is a minor arterial and paved to the edge of the subject property. Policy 8: Prior to annexation of property, the City will require the property owner to acquire adequate and usable water rights, or an appropriate fee in lieu thereof, in accordance with Section 38.410.130 of the municipal code, as amended. Criterion Met. The property owner shall provide usable water rights, or cash in-lieu of water rights thereof, in an amount to be determined by the Director of Public Works, as outlined by Section 38.410.130 of the municipal code. The calculated amount will be determined by the Director of Public Works and based on the zoning designation approved by the City Commission. Term of Annexation No. 9 requires notice of this requirement to be part of the annexation agreement. Satisfaction of this requirement will occur with future development. Policy 9: Infrastructure and emergency services for an area proposed for annexation will be reviewed for the health, safety and welfare of the public and conformance with the City’s adopted facility plans. If the City determines adequate services cannot be provided to ensure public health, safety and welfare, the City may require the property owner to provide a written plan for accommodation of these services, or the City may reject the petition for annexation. Additionally, the parcel to be annexed may only be provided sanitary sewer service via the applicable drainage basin defined in the City Wastewater Collection Facilities Plan. Criterion Met. City infrastructure and emergency services are available to the subject property. There is an existing 8 inch sanitary sewer pipe adjacent to the property on the east. A 12 inch water main is installed in adjacent to the property on the east. The property is located adjacent to existing urban development that is currently served by Bozeman Fire. 100 Staff Report for the 1001 Thomas Drive Annexation & ZMA, Application 22067 Page 17 of 35 Policy 10: The City may require annexation of any contiguous property for which city services are requested or for which city services are currently being provided. In addition, any person, firm, or corporation receiving water or sewer service outside of the City limits is required as a condition of initiating or continuing such service, to consent to annexation of the property serviced by the City. The City Manager may enter into an agreement with a property owner for connection to the City’s sanitary sewer or water system in an emergency conditioned upon the submittal by the property owner of a petition for annexation and filing of a notice of consent to annexation with the Gallatin County Clerk and Recorder’s Office. The contract for connection to city sewer and/or water must require the property owner to annex or consent to disconnection of the services. Connection for purposes of obtaining City sewer services in an emergency requires, when feasible as determined by the City, the connection to City water services. Criterion Met. The property is not currently provided City services. No emergency connection is requested. City services will be required to be provided concurrent with future development. Terms of Annexation 5 address connection to services. Policy 11: The annexation application shall be accompanied by mapping to meet the requirements of the Director of Public Works. Where an area to be annexed can be entirely described by reference to a certificate of survey or subdivision plat on file with the Gallatin County Clerk and Recorder the mapping may be waived by the Director of Public Works. Criterion Met. Mapping to meet the requirements of the Director of Public Works must be provided with the Annexation Agreement. Mapping requirements are addressed in Recommended Term of Annexation 2. The map must include adjacent right of way. Policy 12: The City will assess system development/impact fees in accordance with Montana law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code. Neutral. The annexation does not require immediate payment of fees for future development. The annexation agreement will provide notice of obligations to pay impact fees at times of triggers as required in ordinance. Policy 13: Public notice requirements: Notice for annexation of property must be coordinated with the required notice for the zone map amendment required with all annexation. The zone map amendment notice must contain the materials required by 38.220.410, BMC. Notices of the public hearing have been mailed, published in the Bozeman Daily Chronicle twice, and posted on the site as set forth under this policy. See Appendix A for more details. 101 Staff Report for the 1001 Thomas Drive Annexation & ZMA, Application 22067 Page 18 of 35 Policy 14: Annexation agreements must be executed and returned to the City within 60 days of distribution of the annexation agreement by the City, unless another time is specifically identified by the City Commission. Criterion Met. An annexation agreement has been prepared and will be provided to the landowner. This policy will be implemented only if the Commission acts to grant approval. If the application is denied then no annexation agreement will be necessary. Policy 15: When possible, the use of Part 46 annexations is preferred. Criterion Met. This annexation is being processed under Part 46 provisions. Policy 16: Where a road improvement district has been created, the annexation does not repeal the creation of the district. The City will not assume operations of the district until the entirety of the district has been annexed. Any funds held in trust for the district will be used to benefit the district after transfer to the City. Inclusion within a district does not lessen the obligation to participate in general city programs that address the same subject. Neutral. No road improvement district is associated with this application. Policy 17: The City will notify the Gallatin County Planning Department and Fire District providing service to the area of applications for annexation. Criterion Met. The necessary agencies were notified and provided copies of the annexation. Policy 18: The City will require connection to and use of all City services upon development of annexed properties. The City may establish a fixed time frame for connection to municipal utilities. Upon development, unless otherwise approved by the City, septic systems must be properly abandoned and the development connected to the City sanitary sewer system. Upon development, unless otherwise approved by the City, water wells on the subject property may be used for irrigation, but any potable uses must be supplied from the City water distribution system and any wells disconnected from structures. The property owner must contact the City Water and Sewer Superintendent to verify disconnects of wells and septic systems. Criterion Met. There is an existing residential structure on the property utilizing on-site well and septic system. The applicant will be required to disconnect the septic system upon annexation and cease the use of the well for domestic water and connect to City water and sewer service. A term of annexation requires connection to municipal water and sewer implements this policy. In conjunction with future connection the septic system must be properly abandoned and the well disconnected from the domestic supply. Terms of Annexation 6-7 address these issues. 102 Staff Report for the 1001 Thomas Drive Annexation & ZMA, Application 22067 Page 19 of 35 SECTION 7 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications for plan approval under this title, the advisory boards and City Commission must consider the following criteria (letters A-K). As an amendment is a legislative action, the Commission has broad latitude to determine a policy direction. The burden of proof that the application should be approved lies with the applicant. A zone map amendment must be in accordance with the growth policy (criteria A) and be designed to secure safety from fire and other dangers (criteria B), promote public health, public safety, and general welfare (criteria C), and facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a zone map amendment the Commission must find Criteria A-D are met. In addition, the Commission must also consider criteria E-K, and may find the zone map amendment to be positive, neutral, or negative with regards to these criteria. To approve the zone map amendment, the Commission must find the positive outcomes of the amendment outweigh negative outcomes for criteria E-K. In determining whether the criteria are met, Staff considers the entire body of plans and regulations for land development. Standards which prevent or mitigated negative impacts are incorporated throughout the entire municipal code but are principally in Chapter 38, Unified Development Code. Section 76-2-304, MCA (Zoning) Criteria A. Be in accordance with a growth policy. Criterion Met. The Bozeman Community Plan (BCP) 2020, Chapter 5, p. 73, in the section titled Review Criteria for Zoning Amendments and Their Application, discusses how the various criteria in 76-2-304 MCA are applied locally. Application of the criteria varies depending on whether an amendment is for the zoning map or for the text of Chapter 38, BMC. The first criterion for a zoning amendment is accordance with a growth policy. Future Land Use Map The proposed amendment is a change to the zoning map. Therefore, it is necessary to analyze compliance with the future land use map. Chapter 3 of the BCP 2020 addresses the future land use map. The introduction to that chapter discusses the importance of the chapter. Following are some excerpts. “Future land use is the community’s fundamental building block. It is an illustration of the City’s desired outcome to accommodate the complex and diverse needs of its residents.” 103 Staff Report for the 1001 Thomas Drive Annexation & ZMA, Application 22067 Page 20 of 35 “The land use map sets generalized expectations for what goes where in the community. Each category has its own descriptions. Understanding the future land use map is not possible without understanding the category descriptions.” The area of this application is within the anticipated growth area of the City. As shown on the maps in Section 1, on the excerpt of the current future land use map, the property is designated as Urban Neighborhood. The Urban Neighborhood designation description reads: “This category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single type of housing are discouraged. In limited instances, an area may develop at a lower gross density due to site constraints and/or natural features such as floodplains or steep slopes. Complementary uses such as parks, home-based occupations, fire stations, churches, schools, and some neighborhood-serving commerce provide activity centers for community gathering and services. The Urban Neighborhood designation indicates that development is expected to occur within municipal boundaries. This may require annexation prior to development. Applying a zoning district to specific parcels sets the required and allowed density. Higher density residential areas are encouraged to be, but are not required or restricted to, proximity to commercial mixed use areas to facilitate the provision of services and employment opportunities without requiring the use of a car.” The correlation between the future land use map of the growth policy and the zoning districts is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the following Correlation with Zoning Table excerpt, the REMU district is an implementing district of the Urban Neighborhood. The applicant is requesting REMU for the entire property, which is classified as a commercial and mixed-use zoning designation pursuant to section 38.300.110, BMC. The intent and purpose of the REMU district is to establish areas within Bozeman that are mixed-use in character and to provide options for a variety of housing, employment, retail and neighborhood service opportunities within a new or existing neighborhood. These purposes are accomplished by a variety of objectives as detailed in Appendix B in this report. In other words it is a very permissive zoning district. Tables 38.310.040.A, B, & C list permitted uses in the REMU district. All types of residential structures are allowed from accessory dwelling units through apartment 104 Staff Report for the 1001 Thomas Drive Annexation & ZMA, Application 22067 Page 21 of 35 buildings, nearly all type of commercial uses such as retail, medical, offices, restaurants, and convenience uses are permitted. Industrial uses are limited although light manufacturing is permitted on a smaller scale. This zoning district correlates with the principles applied in the Bozeman Community Plan 2020. Many of the ten principles are listed under Basic Planning Precepts of the Plan are supported by the REMU district For example, the precept that urban design should integrate in residential and commercial land use activities, multimodal transportation, and open spaces is supported by the REMU district implementation strategies #5. Secondly, precept that a variety in housing and employment opportunities are essential is supported by the REMU district objectives #1 and 4. Third, diverse uses of land should occur relatively close to one another. This precept is supported by implementation strategy #2, 3, 4 and intent and purpose statement. Finally, the City intends to create a healthy, safe, resilient, and sustainable community by incorporating a holistic approach to the design, construction, and operation of buildings, neighborhoods, and the City as a whole. Developments should contribute to these goals and be integrated into their neighborhood and the larger community. This goals is implemented by the zoning districts strategy #3, 4, 5, and 6. Additional harmonious synergies are apparent but overall, the REMU district is supportive of the BCP 2020. Goals and Policies A zoning amendment is also evaluated against the goals and policies of the BCP 2020. Most of the goals and policies are not applicable to this application. Relevant goals and objectives have been identified by staff. Conflict with the text of the growth policy hasn’t been identified. The Short Term Action list on page 63 of the BCP 2020 describes 14 items to implement the growth policy. The first two relate to direct changes to the zoning map in support of listed goals and objectives. These include increasing the intensity of zoning districts in already developed areas. Beginning on page 71 of the BCP 2020 in the section titled Zoning Amendment Review, the document discusses how the City implements zoning for new areas, amendments to areas, and revisions to existing text. This section includes a discussion of when the City may initiate a zoning change to a more intensive district to increase development opportunities. This section demonstrates that the City, as a matter of policy, is supportive of more intensive zoning districts and development, even within already developed areas. This policy approach does not specify any individual district but does lean towards the more intensive portion of the zoning district spectrum. This mix of development at densities appropriate for a growing urban area is therefore grounded on tenets of the Community Plan. Moreover, the REMU zoning proposed through this application fosters flexibility to address both current market trends and long term land 105 Staff Report for the 1001 Thomas Drive Annexation & ZMA, Application 22067 Page 22 of 35 use goals for the subject property. The Community Plan includes several goals and objectives that are broadly served through this application, including: Goal DCD-1: Support urban development within the City. The proposed zoning is occurring in conjunction with an annexation. Any future development will be required to occur at urban densities and will be within the City. If the City Commission declines the annexation then the requested REMU zoning will not occur. DCD-1.11 Pursue annexations consistent with the future land use map and adopted facility plans for development at urban intensity. The proposed zoning is consistent with the future land use map and is within the current facilities plans. Goal RC-3: Collaborate with Gallatin County regarding annexation and development patterns adjacent to the City to provide certainty for landowners and taxpayers. Gallatin County has been notified of the proposed annexation. RC-3.3 Prioritize annexations that enable the incremental expansion of the City and its utilities. The property in question is contiguous to the City limits on the south, east, and north. It adds approximately 15 acres to the City limits that is available for urban development while creating a more consistent city border. RC-3.4 Encourage annexation of land adjacent to the City prior to development and encourage annexation of wholly surrounded areas. Refer to previous response (RC – 3.3 response) Therefore, based on the broad discretion the governing body when considering an appropriate zoning designation, no substantive conflicts with the Growth Policy have been identified and based on the aforementioned analysis, the proposed REMU zoning districts are promotive of the BCP 2020. B. Secure safety from fire and other dangers. Criterion Met. There is an existing home and related out buildings, however future development will be served by the Bozeman Fire Department. Fire protection water supply will be provided by the City of Bozeman water system. The property is not within any delineated floodplain nor does it have other known natural hazards. Upon annexation the subject property will be provided with City emergency services including police, fire and ambulance. Future development of the property will be required to conform to all City of Bozeman public safety, building and land use requirements. The City provides emergency 106 Staff Report for the 1001 Thomas Drive Annexation & ZMA, Application 22067 Page 23 of 35 services to adjacent properties and no obstacles have been identified in extending service to this parcel. C. Promote public health, public safety, and general welfare. Criterion Met. The proposed zoning designation will promote general welfare by implementing the future land use map in the BCP 2020. Public health and safety will be positively affected by requiring new development to connect to municipal sanitary sewer and water systems, which will prevent groundwater pollution and depletion by wells and septic systems. General welfare has been evaluated during the adoption of Chapter 38 and found to be advanced by the adopted standards. Provision of parks, control of storm water, and other features of the City’s development standards also advance the general welfare. Compliance with the BCP 2020 as described in Section 6, Criterion A, shows advancement of the well- being of the community as a whole. See also Criterion B. D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. Criterion Met. This property is included in future planning areas. The City conducts extensive planning for municipal transportation, water, sewer, parks, and other facilities and services provided by the City. The adopted plans allow the City to consider existing conditions and identify enhancements needed to provide additional service needed by new development. The City implements these plans through its capital improvements program that identifies individual projects, project construction scheduling, and financing of construction. As stated in 38.300.020.C, the designation of a zoning district does not guarantee approval of new development until the City verifies the availability of needed infrastructure. All zoning districts in Bozeman enable a wide range of uses and intensities. At time of future subdivision or site plan review the need for individual services can be more precisely determined. No subdivision or site plan is approved without demonstration of adequate capacity. 38.300.020.C, “Placement of any given zoning district on an area depicted on the zoning map indicates a judgment on the part of the city that the range of uses allowed within that district are generally acceptable in that location. It is not a guarantee of approval for any given use prior to the completion of the appropriate review procedure and compliance with all of the applicable requirements and development standards of this chapter and other applicable policies, laws and ordinances. It is also not a guarantee of immediate infrastructure availability or a commitment on the part of the city to bear the cost of extending services.” See also comments under Criterion C. 107 Staff Report for the 1001 Thomas Drive Annexation & ZMA, Application 22067 Page 24 of 35 E. Reasonable provision of adequate light and air. Criterion met. This criterion is not about individual preferences for a given degree of visual openness but about preservation of public health. The REMU district provides adequate light and air through the Bozeman Unified Development Code’s standards for park and recreation requirements, on-site open space for residential uses, maximum building height, lot coverage, and setback requirements. The form and intensity standards, Division 38.320, provide minimum lot areas, lot widths, lot coverage and maximum floor area ratios, and prescribe require minimum separation from property lines and limits building heights. Section 38.520.030 requires building placement to ensure access to light and air. Division 38.420 and Section 38.520.060 require dedication of parks and on-site open spaces to meet needs of residents. The standards provide a reasonable provision of adequate light and air. In addition to the zoning standards, adopted building codes contain more detailed requirements for air circulation, window placement, and building separation that further ensure the intent of this criterion is satisfied. F. The effect on motorized and non-motorized transportation systems. Criterion Met. The proposed zoning will allow for a higher density of uses than is currently allowed under Gallatin County zoning. As a result, under the proposed zoning, when a development is proposed, they will be responsible for their frontage improvements which will include improvements along Thomas Drive and other transportation systems found to be inadequate to serve the additional development. The property is addressed as 1001 Thomas Drive and has a Walk Score of 22. Average walk score for the city as a whole is 47 out of 100. Average walk score for the city as a whole is 47 out of 100. According to Walk Score® the walks score measures the walkability of any address based on the distance to nearby places and pedestrian friendliness. 90 – 100 Walker’s Paradise. Daily errands do not require a car. 70 – 89 Very Walkable. Most errands can be accomplished on foot. 50 – 69 Somewhat walkable. Some errands can be accomplished on foot. 25 – 49 Car-Dependent. Most errands require a car. 0 – 24 Car-Dependent. Almost all errands require a car. These values are provided by Walk Score, a private organization which presents information on real estate and transportation through walkscore.com. The algorithm which produces these 108 Staff Report for the 1001 Thomas Drive Annexation & ZMA, Application 22067 Page 25 of 35 numbers is proprietary. A score is not an indication of safety or continuity of services or routes. Scores are influenced by proximity of housing, transit, and services and expected ability, as determined by the algorithm, to meet basic needs without using a car. Sites located on the edge of the community have lower scores than those in the center of the community as the area is still under development and therefore diversity of uses is less than in fully established areas. There are no adopted development standards relating to the walk score. G. Promotion of compatible urban growth. Criterion Met. The Bozeman Community Plan establishes a preferred and compatible development pattern. “The land use map sets generalized expectations for what goes where in the community… The land use categories and descriptions provide a guide for appropriate development and redevelopment locations for civic, residential, commercial, industrial, and other uses. The future land use designations are important because they aim to further the vision and goals of the City through promoting sustainability, citizen and visitor safety, and a high quality of life that will shape Bozeman’s future.” (Community Plan p. 51). Criterion Met. The intent and purpose of the REMU is to establish areas within Bozeman that are mixed-use in character and to provide options for a variety of housing, employment, retail and neighborhood service opportunities within a new or existing neighborhood. Although the character of the area is emerging, a somewhat eclectic use and building form has emerged. To the east is un-annexed land designated as Urban Neighborhood. To the south is undeveloped property currently zoned R-4 and is also undergoing rezoning review to establish REMU. If all these properties are zoned REMU it would result in a total land area of approximately 30 acres. Use of this mixed-use zone is appropriate for areas adjacent to a variety of land uses and can stand alone to develop its own neighborhood character, as described in residential intent and purpose statement. Surrounding zoning includes medium to high density residential, County lands, and future commercial. Creating a more dense residential development with commercial services adjacent to a higher intensity commercial area is a compatible use. In addition, the proposed zoning is in accordance with the Bozeman Community Plan’s future land use designation of Urban Neighborhood. H. Character of the district. Criterion Met. The proposed REMU zoning promotes the character of the district as the intent of the Residential Emphasis Mixed-use District is to: “… establish areas within Bozeman that are mixed-use in character and to provide options for a variety of housing, employment, retail and neighborhood service opportunities within a new or existing neighborhood.” Described in Appendix B 109 Staff Report for the 1001 Thomas Drive Annexation & ZMA, Application 22067 Page 26 of 35 below the district employs nine aspirational statements to encourage developers to design and construct developments that meet the intent and purpose of the district. 1. Emphasizing residential as the primary use, including single household dwellings, two to four household dwellings, townhouses, and apartments. 2. Providing for a diverse array of neighborhood-scaled commercial and civic uses supporting residential. 3. Emphasizing a vertical and horizontal mix of uses in a compact and walkable neighborhood setting. 4. Promoting neighborhoods that: a. Create self-sustaining neighborhoods that will lay the foundation for healthy lifestyles; b. Support compact, walkable developments that promote balanced transportation options; c. Have residential as the majority use with a range of densities; d. Provide for a diverse array of commercial and civic uses supporting residential; e. Have residential and commercial uses mixed vertically and/or horizontally; f. Locate commercial uses within walking distance; g. Incorporate a wider range of housing types; and h. Encourage developments that exhibit the physical design characteristics of vibrant, urban, and pedestrian-oriented complete streets. 5. Providing standards and guidelines that emphasize a sense of place: a. Support or add to an existing neighborhood context; b. Enhance an existing neighborhood's sense of place and strive to make it more self-sustainable; c. Encourage a new neighborhood commercial center(s) with a unique identity and strong sense of place; d. Develop commercial and mixed-use areas that are safe, comfortable, and attractive to pedestrians; and e. Reinforce the principle of streets as public places that encourage pedestrian and bicycle travel, transit, on-street parking and physical elements of complete streets. 6. Providing standards and guidelines that emphasize natural amenities: a. Preserve and integrate the natural amenities into the development; and b. Appropriately balance a hierarchy of both parks and public spaces that are within the neighborhood. 7. Providing standards and guidelines that emphasize the development of centers: a. Group uses of property to create vibrant centers; b. Where appropriate create a center within an existing neighborhood; c. Facilitate proven, market driven projects to ensure both long and short-term financial viability; 110 Staff Report for the 1001 Thomas Drive Annexation & ZMA, Application 22067 Page 27 of 35 d. Allow an appropriate blend of complementary mixed land uses including, but not limited to, retail, offices, commercial services, restaurants, bars, hotels, recreation and civic uses, and housing, to create economic and social vitality; e. Foster the master plan development into a mix of feasible, market driven uses; f. Emphasize the need to serve the adjacent, local neighborhood and as well as the greater Bozeman area; and g. Maximize land use efficiency by encouraging shared use parking. 8. Promoting the integration of action: a. Support existing infrastructure that is within and adjacent to REMU zones; b. Encourage thoughtfully developed master planned communities; c. Provide flexibility in the placement and design of new developments and redevelopment to anticipate changes in the marketplace; d. Provide flexibility in phasing to help ensure both long and short term financial viability for the project as a whole; 9. Providing standards and guidelines that promote sustainable design: Use of this zone is appropriate for sites at least five acres in size and areas located adjacent to an existing or planned residential area to help sustain commercial uses within walking distance and a wider range of housing types With such a broad intent and purpose statement is difficult to find the REMU district would not be promotive of a districts character. The applicant states that the REMU district, “… zoning will allow for similar and additional compatible uses and allow for increased residential density and small-scale retail and restaurants as secondary uses in a geographically compact, walkable area.” However, other residential zoning districts allow the same residential structure types and densities as the REMU district. The REMU district allows great latitude for large scale commercial use as described in Table 38.310.040.A and B. Retail uses are limited as proportion of the master planned site, there is no restrictions to convenience uses, offices, general service use, short term rentals, although hotels are limited to 40,000 square feet. Section 76-2-302, MCA says “…legislative body may divide the municipality into districts of the number, shape, and area as are considered best suited to carry out the purposes [promoting health, safety, morals, or the general welfare of the community] of this part.” Emphasis added. This proposal amends the zoning map and not the text. Therefore, no element of this amendment modifies the standards of any zoning district. The character of the districts as created by those standards remains intact. As noted above, the City Commission has latitude in considering the geographical extents of a zoning district. Application of any municipal zoning district to the subject property will alter the existing agricultural character of the subject property. It is not expected that zoning 111 Staff Report for the 1001 Thomas Drive Annexation & ZMA, Application 22067 Page 28 of 35 freeze the character of an area in perpetuity. Rather, it provides a structured method to consider changes to the character. The City has defined compatible development as: “The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and objectives of the city's adopted growth policy. Elements of compatible development include, but are not limited to, variety of architectural design; rhythm of architectural elements; scale; intensity; materials; building siting; lot and building size; hours of operation; and integration with existing community systems including water and sewer services, natural elements in the area, motorized and non-motorized transportation, and open spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design, density or use.” The City has adopted many standards to identify and avoid or mitigate demonstrable negative impacts of development. These will support the ability of future development in REMU to be compatible with adjacent development and uphold the residential character of the area. As noticed in the growth policy under discussion of this criterion a local street is considered an adequate separation between different uses and districts to minimize impacts, see page 77 of the Bozeman Community Plan 2020. Therefore, the change in zoning does not appear to conflict with the character of the area. I. Peculiar suitability for particular uses. Criterion Met. The property is located adjacent to residential and commercial uses which the REMU envisions a combination of. The site is well located in relation to utilities and transportation. Proximity of housing to significant services and employment is encouraged in the growth policy. The proposed REMU zoning designation is suitable for the property’s location and adjacent uses. J. Conserving the value of buildings. Criterion met. There is no known data that suggests intensification adjacent to inholding properties diminished the value of adjacent property or buildings, however apperception of decreased value often referenced. In fact, based on available evidence it appears that annexation and further intensification in fact increases the value of property and buildings adjacent to those properties that are annexed. Additional demand for goods and services, connecting and completing the transportation network, and through the minimum standards of the REMU district nine implantation strategies will generate additional synergies in the community that will likely bolster building values. 112 Staff Report for the 1001 Thomas Drive Annexation & ZMA, Application 22067 Page 29 of 35 K. Encourage the most appropriate use of land throughout the jurisdictional area. Criterion Met. The proposed REMU zoning designation will encourage the most appropriate use of land as the property is adjacent to both residential and commercial uses. There is access to the city’s services, including streets, thus is able to support a higher intensity of uses as allowed within the REMU zoning district. Furthermore, the proposed REMU zoning designation is consistent with the BCP 2020 future land use map designation of “Urban Residential”. Spot Zoning Criteria Rezoning may, in certain factual circumstances, constitute impermissible “spot zoning.” The issue of whether a rezoning constitutes spot zoning was discussed by the Montana Supreme Court in Plains Grains LP v. Board of County Comm’rs of Cascade County and Little v. Bd. Of County Comm’rs, in which the Court determined that the presence of the following three conditions generally will indicate that a given situation constitutes spot zoning, regardless of variations in factual scenarios. Based on the review of the following criteria, Staff concludes that this application is not Spot Zoning. 1. Is the proposed use significantly different from the prevailing land uses in the area? No. While the proposed use is not an exact match in type or intensity of the adjacent land uses, it is not significantly different from the uses. To the west of the subject property are medium density residential and un-annexed semi-rural residential. Although currently undeveloped the property adjacent is zoned (R-4) for high density residential and is also an implementing district for the designated future land use. In support of finding that the proposed zoning is not significantly different from prevailing land uses is the fact that the adjacent property to the north and east are zoned for a developed as a mixed-use, commercial, and business related. The REMU zoning integrates all of these uses in a neighborhood scale. Thus, while the REMU is not the exact same as the adjacent properties, it is a proposed intensity that falls within the range of adjacent properties land uses of suburban office, medium to high density residential, and designated commercial areas with primary transportation corridors bounding the property. As discussed in Criterion A above, the REMU zoning is consistent with the adopted growth policy. 2. Is the area requested for the rezone rather small in terms of the number of separate landowners benefited from the proposed change? Yes. The application is submitted by one landowner in conjunction with the proposed annexation of the property. While the City supports and encourages multiparty annexation applications, they are not required, thus single owner petition annexation requests are the 113 Staff Report for the 1001 Thomas Drive Annexation & ZMA, Application 22067 Page 30 of 35 most frequently seen. The amendment is consistent with and supports the City’s adopted growth policy, thus is assumed to be a benefit to the greater community even though the number of immediate landowners are small. 3. Would the change be in the nature of “special legislation” designed to benefit only one or a few landowners at the expense of the surrounding landowners or the general public? No. While the applicant will directly benefit from the proposed zone map amendment, the amendment is not at the expense of surrounding landowners or the general public. As discussed previously, no substantial negative impacts are identified due to this amendment. The application is consistent both with the City’s and the County’s growth policy. The growth policy’s consistency demonstrates benefit to the general public and greater community. As mentioned previously, any future development will require the applicant to provide the needed infrastructure to support new development. Concurrency and adequacy of infrastructure should mitigate potential negative effects on others. As discussed in Criterion H, the application is similar and consistent with the existing and developing character of the area. Therefore, the amendment does not benefit the landowner at the expense of others. PROTEST NOTICE FOR ZONING AMENDMENTS IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION. The City will accept written protests from property owners against the proposal described in this report until the close of the public hearing before the City Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property within the area affected by the proposal or by owner(s) of real property that lie within 150 feet of an area affected by the proposal. The protest must be in writing and must be signed by all owners of the real property. In addition, a sufficient protest must: (i) contain a description of the action protested sufficient to identify the action against which the protest is lodged; and (ii) contain a statement of the protestor's qualifications (including listing all owners of the property and the physical address), to protest the action against which the protest is lodged, including ownership of property affected by the action. Signers are encouraged to print their names after their signatures. A person may in writing withdraw a previously filed protest at any time prior to final action by the City Commission. Protests 114 Staff Report for the 1001 Thomas Drive Annexation & ZMA, Application 22067 Page 31 of 35 must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230. APPENDIX A - NOTICING AND PUBLIC COMMENT Notice was published in the Bozeman Daily Chronicle on July 3 and 10, 2022. The notice was posted on site and notices mailed by the applicant as required by 38.220 and the required confirmation provided to the Planning Office. Notice was provided at least 15 and not more than 45 days prior to any public hearing. As of the writing of this report on June 29, 2022 no comment has been received on this application. Comment can be reviewed at the following link. APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING Adopted Growth Policy Designation: The property is designated as “Urban Neighborhood” in the Bozeman Community Plan 2020. “This category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single type of housing are discouraged. In limited instances, an area may develop at a lower gross density due to site constraints and/or natural features such as floodplains or steep slopes. Complementary uses such as parks, home-based occupations, fire stations, churches, schools, and some neighborhood-serving commerce provide activity centers for community gathering and services. The Urban Neighborhood designation indicates that development is expected to occur within municipal boundaries. This may require annexation prior to development. Applying a zoning district to specific parcels sets the required and allowed density. Higher density residential areas are encouraged to be, but are not required or restricted to, proximity to commercial mixed use areas to facilitate the provision of services and employment opportunities without requiring the use of a car.” Proposed Zoning Designation and Land Uses: The applicant has requested zoning of REMU, Residential Emphasis Mixed Use District whose intent is to: Residential emphasis mixed-use zoning district (REMU). The intent and purpose of the REMU district is to establish areas within Bozeman that are mixed-use in character and to 115 Staff Report for the 1001 Thomas Drive Annexation & ZMA, Application 22067 Page 32 of 35 provide options for a variety of housing, employment, retail and neighborhood service opportunities within a new or existing neighborhood. These purposes are accomplished by: 1. Emphasizing residential as the primary use, including single household dwellings, two to four household dwellings, townhouses, and apartments. 2. Providing for a diverse array of neighborhood-scaled commercial and civic uses supporting residential. 3. Emphasizing a vertical and horizontal mix of uses in a compact and walkable neighborhood setting. 4. Promoting neighborhoods that: i. Create self-sustaining neighborhoods that will lay the foundation for healthy lifestyles; j. Support compact, walkable developments that promote balanced transportation options; k. Have residential as the majority use with a range of densities; l. Provide for a diverse array of commercial and civic uses supporting residential; m. Have residential and commercial uses mixed vertically and/or horizontally; n. Locate commercial uses within walking distance; o. Incorporate a wider range of housing types; and p. Encourage developments that exhibit the physical design characteristics of vibrant, urban, and pedestrian-oriented complete streets. 5. Providing standards and guidelines that emphasize a sense of place: f. Support or add to an existing neighborhood context; g. Enhance an existing neighborhood's sense of place and strive to make it more self-sustainable; h. Encourage a new neighborhood commercial center(s) with a unique identity and strong sense of place; i. Develop commercial and mixed-use areas that are safe, comfortable, and attractive to pedestrians; and j. Reinforce the principle of streets as public places that encourage pedestrian and bicycle travel, transit, on-street parking and physical elements of complete streets. 6. Providing standards and guidelines that emphasize natural amenities: c. Preserve and integrate the natural amenities into the development; and d. Appropriately balance a hierarchy of both parks and public spaces that are within the neighborhood. 7. Providing standards and guidelines that emphasize the development of centers: a. Group uses of property to create vibrant centers; h. Where appropriate create a center within an existing neighborhood; i. Facilitate proven, market driven projects to ensure both long and short-term financial viability; 116 Staff Report for the 1001 Thomas Drive Annexation & ZMA, Application 22067 Page 33 of 35 j. Allow an appropriate blend of complementary mixed land uses including, but not limited to, retail, offices, commercial services, restaurants, bars, hotels, recreation and civic uses, and housing, to create economic and social vitality; k. Foster the master plan development into a mix of feasible, market driven uses; l. Emphasize the need to serve the adjacent, local neighborhood and as well as the greater Bozeman area; and m. Maximize land use efficiency by encouraging shared use parking. 8. Promoting the integration of action: e. Support existing infrastructure that is within and adjacent to REMU zones; f. Encourage thoughtfully developed master planned communities; g. Provide flexibility in the placement and design of new developments and redevelopment to anticipate changes in the marketplace; h. Provide flexibility in phasing to help ensure both long and short term financial viability for the project as a whole; 9. Providing standards and guidelines that promote sustainable design: Use of this zone is appropriate for sites at least five acres in size and areas located adjacent to an existing or planned residential area to help sustain commercial uses within walking distance and a wider range of housing types. The Zoning Correlation Table on Page 58 of the Bozeman Community Plan, 2020 correlates zoning districts with the Growth Policy’s land use categories, demonstrating that the proposed zoning designation of REMU correlates with the Growth Policy’s future land use designation of “Residential Mixed-Use”. 117 Staff Report for the 1001 Thomas Drive Annexation & ZMA, Application 22067 Page 34 of 35 118 Staff Report for the 1001 Thomas Drive Annexation & ZMA, Application 22067 Page 35 of 35 APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF Owner: Seven Ox Seven, O’Reilly Partnership, 4 Clovers, 2246 Boot Hill Court, Suite 1, Bozeman, MT 59715 Applicant: Madison Engineering, LLC, 895 Technology Blvd., Suite 203, Bozeman, MT 59715 Representative: Madison Engineering, LLC, 895 Technology Blvd., Suite 203, Bozeman, MT 59715 Report By: Tom Rogers, Senior Planner FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Annexation or Zone Map Amendment. ATTACHMENTS The full application and file of record was electronically submitted and can be viewed at: https://weblink.bozeman.net/WebLink/Browse.aspx?startid=260404 Digital access is also available at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. 119 Memorandum REPORT TO:Community Development Board FROM:Chris Saunders, Community Development Manager Anna Bentley, Community Development Interim Director SUBJECT:Ordinance 2105, Repeal Division 38.380, Affordable Housing, and Amend Associated Standards and Replace With a New Division 38.380 Affordable Housing Text Amendment, Application 22133 MEETING DATE:August 1, 2022 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Recommended Motion: Having reviewed and considered the staff report, draft ordinance, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 22133 and move to recommend approval of Ordinance 2105. STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a wide variety of actions, the development of sustainable and lasting housing options for underserved individuals and families and improve mobility options that accommodate all travel modes. BACKGROUND:The City is replacing its existing affordable housing regulations, located in Division 38.380, to address recent state law changes. Division 38.380 is being replaced entirely. Many other sections which are affected are being amended to match up with the new incentives based approach and clarify related wording. See the attached staff report Executive Summary, Appendix A, and the full text of the Ordinance for more details. UNRESOLVED ISSUES:Policy decisions surrounding what kinds and amounts of affordable housing public benefits are acceptable in exchange for the flexibility allowed by the incentives. ALTERNATIVES:1. Recommend ordinance not be approved based on findings of non- compliance with the applicable criteria contained within the staff report; 2. Recommend with directed amendments prior to adoption; or 3. Open and continue the public hearing on the application, with specific direction to staff to supply additional information or to address specific items. FISCAL EFFECTS:None identified at this time. Budgeting for support of affordable housing occurs separately from development of regulation. 120 Attachments: 22133 CDB Staff Report - 38.380 Replacement 7-26-2022.pdf Ordinance 2105 38.380 Affordable Housing 7-25-2022.pdf 22133 38.380 Replacement - e-news.pdf Report compiled on: July 26, 2022 121 Page 1 of 20 22133 Staff Report for the Division 38.380 Affordable Housing Text Amendment, Ordinance 2105 Public Hearings: Community Development – August 1, 2022. City Commission – August 23, 2022. Project Description: Repeal Division 38.380, Affordable Housing, and amend associated standards and replace with a new Division 38.380 Affordable Housing. See Appendix A for the detailed description. Project Location: Revision to the text is applicable City-wide. Recommendation: Meets applicable criteria. Community Development Board Recommended Motion: Having reviewed and considered the staff report, draft ordinance, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 22133 and move to recommend approval of Ordinance 2105. City Commission Recommended Motion: Having reviewed and considered the staff report, draft ordinance, public comment, recommendation from the Community Development Board, and all information presented, I hereby adopt the findings presented in the staff report for application 22133, and move to provisionally adopt Ordinance 2105. Report: July 26, 2022 Staff Contact: Chris Saunders, Community Development Manager David Fine, Economic Development Program Manager for Housing Agenda Item Type: Action - Legislative EXECUTIVE SUMMARY This report is based on the proposed ordinance text and public comment received to date. Unresolved Issues Policy decisions surrounding what kinds and amounts of affordable housing public benefits are acceptable in exchange for the flexibility allowed by the incentives. Project Summary The City is replacing its existing affordable housing regulations, located in Division 38.380, to address recent state law changes. Division 38.380 is being replaced entirely. Many other 122 Staff Report for the Planned Development Zones Text Amendment 22133 Page 2 of 20 sections which are affected are being amended to match up with the new incentives based approach and clarify related wording. See Appendix A of this staff report and the full text of the Ordinance for more details. Elements of the proposed amendments include: 1. Repeal Division 38.380, Affordable Housing, in its entirety. Replace with a new Division 38.380, Affordable Housing, changing the division from a required creation of affordable housing during subdivision development to an incentive based program for creation of affordable housing. The amendments are required by and consistent with recent changes in state law. The new wording describes how and when incentives can be used, how the program is administered, and what incentives are provided. Incentives are applicable to both rental and purchased housing. Incentives include, but are not limited to more permissive form and intensity standards, such as increased building height and decreased lot sizes, decreased parking requirements, and the ability to concurrently construct homes and infrastructure. 2. Remove references to the old affordable housing standards throughout the rest of Chapter 38 of the Unified Development Code. This requires amending multiple individual sections of the municipal code. Each amended section is addressed in the replacement affordable housing code. 3. Revise requirements for residential uses to aggregate all references to incentives to the new 38.380, and reduce land area requirements for all residential districts. All incentives are now located in the new text of 38.380. 4. Amend the required lot area for each home in a development, Table 38.320.030.A. 5. Create new standards for building height transitions for developments that use height incentives under the new division 38.380, and section 38.320.060. 6. Remove requirement for owner occupancy for accessory dwellings in the residential suburban and residential low density zoning districts, Table 38.360.040. 7. Amend required parking standards for residential uses to require fewer parking spaces per dwelling, in Table 38.540.050. 8. Amend several definitions in Division 38.700 to conform to the proposed amendments. Ordinance 2105 does not change any incentive or support for affordable housing outside of Chapter 38, Unified Development Code. Strategic Plan Implementation 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. 123 Staff Report for the Planned Development Zones Text Amendment 22133 Page 3 of 20 4.5 Housing and Transportation Choices - Vigorously encourage, through a wide variety of actions, the development of sustainable and lasting housing options for underserved individuals and families and improve mobility options that accommodate all travel modes. 7.3 Best Practices, Creativity & Foresight- Utilize best practices, innovative approaches, and constantly anticipate new directions and changes relevant to the governance of the City. Be also adaptable and flexible with an outward focus on the customer and an external understanding of the issues as others may see them. Public Comment Written public comment will be archived and available through the project folder in the City’s Laserfiche archive. Comments provided orally at public meetings will be available through the recordings of those public meetings. Links to recordings will be added to this report as the review of the project moves forward. Economic Vitality Board The Economic Vitality Board (EVB) has the duties of the former Community Affordable Housing Advisory Board. The EVB will be presented the draft on August 3rd. Their recommendation will be provided to the City Commission. Alternatives 1. Recommend ordinance not be approved based on findings of non-compliance with the applicable criteria contained within the staff report; 2. Recommend with directed amendments prior to adoption; or 3. Open and continue the public hearing on the application, with specific direction to staff to supply additional information or to address specific items. 124 Staff Report for the Planned Development Zones Text Amendment 22133 Page 4 of 20 TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 1 Unresolved Issues ............................................................................................................... 1 Project Summary ................................................................................................................. 1 Strategic Plan Implementation ............................................................................................ 2 Public Comment.................................................................................................................. 3 Economic Vitality Board .................................................................................................... 3 Alternatives ......................................................................................................................... 3 SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 4 SECTION 2 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS ....................... 5 Section 76-2-304, MCA (Zoning) Criteria ......................................................................... 5 Spot Zoning Criteria ......................................................................................................... 12 PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 12 APPENDIX A - DETAILED BACKGROUND AND PROJECT DESCRIPTION .............. 13 APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 20 APPENDIX C - APPLICANT INFORMATION AND REVIEWING STAFF .................... 20 FISCAL EFFECTS ................................................................................................................. 20 ATTACHMENTS ................................................................................................................... 20 SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS Having considered the criteria established for a text amendment, the Staff finds the amendments meet the minimum criteria for approval as proposed. The Community Development Board in their capacity as the Zoning Commission will hold a public hearing on these amendments on August 1, 2022, at 6 pm. The Economic Vitality Board will hold a public meeting to discuss these amendments on August 3, 2022. The City Commission will hold a public hearing on the text amendment on August 23, 2022 at 6:00 p.m. 125 Staff Report for the Planned Development Zones Text Amendment 22133 Page 5 of 20 SECTION 2 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications for plan approval under this title, the advisory boards and City Commission must consider the following criteria (letters A-K). As an amendment is a legislative action, the Commission has broad latitude to determine a policy direction. The burden of proof that the application should be approved lies with the applicant. A zone text amendment must be in accordance with the growth policy (criteria A) and be designed to secure safety from fire and other dangers (criteria B), promote public health, public safety, and general welfare (criteria C), and facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a zone text amendment the Commission must find Criteria A-D are met. In addition, the Commission must also consider criteria E-K, and may find the zone text amendment to be positive, neutral, or negative with regards to these criteria. To approve the zone text amendment, the Commission must find the positive outcomes of the amendment outweigh negative outcomes for criteria E-K. In determining whether the criteria are met, Staff considers the entire body of plans and regulations for land development. Standards which prevent or mitigate negative impacts are incorporated throughout the entire municipal code but are principally in Chapter 38, Unified Development Code. The existing development review processes and standards were previously found to satisfy all of the following criteria during earlier reviews. The focus of this report is only on the amendments proposed. Where a finding of Neutral is presented it represents that the criteria is either not applicable to the proposed amendments or that the change does not materially advance or detract from compliance. Therefore, a finding of Neutral is not necessarily an indication of a deficiency in the proposed amendments or the existing standards. Section 76-2-304, MCA (Zoning) Criteria A. Be in accordance with a growth policy. Criterion is met. A growth policy provides a high level vision of how a community hopes to develop over time. As a key tool to implement the growth policy, zoning must be in accordance with the growth policy per 76-2-304(1) (a), MCA. The new Division 38.380, Affordable Housing, and other associated changes are amendments to the zoning text and therefore must conform to the growth policy. Bozeman adopted a new growth policy in November 2020. The Bozeman Community Plan 2020 (BCP2020) establishes the City’s policies for land development. It continues concepts and community priorities that were established in several prior growth policies. As early as 1972, the community’s planning documents identified affordable housing as a concern. Affordability of housing is influenced by many issues. Only a few of them are under control of the city. Lending practices, personal housing preferences, 126 Staff Report for the Planned Development Zones Text Amendment 22133 Page 6 of 20 labor and materials availability, and land costs are examples of material housing cost influences that the city doesn’t control. Bozeman’s policy for many years has been to provide a location where housing can be created with access to centralized services. This enables construction at economies of scale and obtains maximum use of property. This approach lessens outward expansion pressure and keeps not only initial construction costs lower but also constrains operational costs over time. These approaches are continued in the BCP2020 on pages 8-15. The BCP2020 also includes priorities for sustainability and transportation that interact with housing. Theme 1, A Resilient City, emphasizes the benefits of coordinating implementation of community policy. Examples of applicable objectives include: R-1.4 Be integrated: bring together a range of distinct systems and institutions. R-2.4 Social Equity: Provide solutions that are inclusive with consideration to populations that are often most fragile and vulnerable to sudden impacts. R-2.4 Social Equity: Provide solutions that are inclusive with consideration to populations that are often most fragile and vulnerable to sudden impacts. R-2.4 Social Equity: Provide solutions that are inclusive with consideration to populations that are often most fragile and vulnerable to sudden impacts. R-2.6 Innovation: Advance new approaches and techniques that will encourage continual improvement and advancement of best practices. R-2.8 Harmonize with Existing Activity: Expand, enhance, or leverage work being done to build on existing efforts. The City’s Climate Action Plan includes aspirations to encourage compact development and higher development densities. There is discussion on housing affordability beginning on BCP2020 page 21. The discussion identifies national and local trends and issues affecting affordability and housing needs. The affordability incentives are to encourage construction of homes at prices that the market rate construction generally cannot reach. The incentives can be paired with other housing support such as Low Income Housing Tax Credits. Providing a tool encouraging construction of housing focused at the lower cost range supports several goals including: R-2.4 Social Equity: Provide solutions that are inclusive with consideration to populations that are often most fragile and vulnerable to sudden impacts. N-1.1. Promote housing diversity, including missing middle housing. N-3.3 Encourage distribution of affordable housing units throughout the City with priority given to locations near commercial, recreational, and transit assets. 127 Staff Report for the Planned Development Zones Text Amendment 22133 Page 7 of 20 EE-1.4 Support employee retention and attraction efforts by encouraging continued development of affordable housing in close proximity to large employers. Sustainability and mobility options can also support housing affordability. Examples of community plan objectives that integrate with housing affordability include: DCD-1.9 Promote mixed-use developments with access to parks, open space, and transit options. EPO-3.3 Support water conservation, use of native plants in landscaping, and development of water reuse systems. EPO-3.5 Update land development standards to implement the Integrated Water Resources Plan. M-1.1 Prioritize mixed-use land use patterns. Encourage and enable the development of housing, jobs, and services in close proximity to one another. M-1.4 Develop safe, connected, and complementary transportation networks for pedestrians, bicyclists, and users of other personal mobility devices (e-bikes, electric scooters, powered wheelchairs, etc.). The character of the community is also a subject of BCP2020 goals, objectives, and actions. See also discussion under Criterion H. Goal N-4: Continue to encourage Bozeman’s sense of place. Goal DCD-2: Encourage growth throughout the City, while enhancing the pattern of community development oriented on centers of employment and activity. Support an increase in development intensity within developed areas. DCD-2.9 Evaluate increasing the number of stories allowed in centers of employment and activity while also directing height transitions down to adjacent neighborhoods. Preserving the existing character of the community is raised in public comments and other community feedback. There is a tension between preserving what is already here, addressing what is needed under today’s conditions, and preparing for the future. New development under today’s housing preferences, development pressures, and economics are not the same as what existed many years ago. Attempting to lock away portions of the community from change is both unsuccessful and contrary to the express intent of the growth policy. It is also appropriate for standards, like height transitions, to address where boundaries between different elements of the community exist. The incentives allow higher densities, taller buildings, and smaller roadways than the historical norm in Bozeman. This will result in a different character for those projects than the baseline standards in place now. Bozeman’s development standards steadily evolved over the past 30 years as community needs changed. It is expected that the community will continue to evolve. It is expected that most development will continue to follow the baseline 128 Staff Report for the Planned Development Zones Text Amendment 22133 Page 8 of 20 standards. Therefore, the majority of the community will continue to evolve as the baseline standards are revised. Constant change is expected in a growing community. The individual projects that use the affordable housing incentives will fit within the overall community framework. They in turn will create their own local character and sense of place. No element of the proposed ordinance affects the future land use map as the incentives do not change zoning district boundaries. Therefore, no analysis of correspondence to the future land use map is provided. B. Secure safety from fire and other dangers. Criterion is met. Building code standards for fire resistance, exiting, and other protection remain in place and will continue to protect the public. The requirements to avoid floodplains and similar physical hazards remain in place. Therefore, access by emergency services, suitable water and sewer services, and other safety features remain. Review of individual applications will provide an opportunity to check for function. The incentives wording in 38.380.030 specifically states that the City can impose conditions to address identified safety and other concerns. General language to impose conditions where needed and justified remains in the unamended portions of Division 38.100. C. Promote public health, public safety, and general welfare. Criterion is met. The existing standards addressing this criterion remain in place such as floodplain protections, provision of water and sewer services, and similar. See also responses to Criteria B and D. The incentives do authorize construction on smaller lots and in taller buildings. Such allowances are not inherently counter to this criterion. Standards remain for setbacks, light and air, emergency services, and other issues to protect public health and physical safety. Housing access is a factor in public safety and wellness of individuals. Cost of housing is a significant influence on housing access. The incentives provided are intended to encourage creation of homes available to persons with lower incomes. Bozeman has experienced very high price escalation for homes over the past two years. The prices are increasingly beyond the income of many of Bozeman’s workers. Loss of employees due to lack of housing has been identified by many employers as a barrier to success and growth. In turn, lack of economic opportunity damages the community as a whole. D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. Criterion is met. The City conducts extensive planning for municipal transportation, water, sewer, parks, and other facilities and services provided by the City. The adopted plans allow the City to consider existing conditions and identify enhancements needed to provide additional service needed by new development. The City implements these plans through its 129 Staff Report for the Planned Development Zones Text Amendment 22133 Page 9 of 20 capital improvements program (CIP). The CIP identifies individual projects, project construction scheduling, and financing of construction. Considering the code as a whole, the standards requiring provision of the infrastructure listed in this criterion are not being changed with these amendments. E. Reasonable provision of adequate light and air. Criterion met. Adequate light and air are provided by a mix of site development standards including park dedication, on-site open space, and setbacks; as well as building code requirements for air for combustion and ventilation. Each standard addresses a different functional element. There is no specified quantity of day light or other physical outcome required by this criteria. The standard is for reasonableness and adequacy, which vary by type of use and other specifics of development. Building codes also address this criteria through requirements for ventilation and lighting. The incentives provide for smaller lot sizes. Setbacks remain the same so even on the smaller lots there is opportunity for light and air to reach individual rooms. Building code requirements for emergency exit windows in sleeping areas will also help ensure there is access to light and air. The incentives provide for additional building height ranging from one to four stories depending on the depth of price control for the homes and the zoning district. This can create a substantial additional building height. Especially at zoning district boundaries this can create shading and other impacts on adjacent properties. To lessen and mitigate potential impacts a new requirement at zone edge transitions for buildings using the height incentive has been created. This provides a step back requirement that leaves visual access to the sky. It does not entirely remove all visual impacts of the taller allowed buildings. At this time there is no evidence of lack of compliance by a future application. F. The effect on motorized and non-motorized transportation systems. Criterion is not met. The City conducts extensive planning for municipal transportation, trails, and parks related to this criterion and services provided by the City. The adopted plans allow the City to consider existing conditions and identify enhancements needed to provide additional service needed by new development. The proposed amendments do not alter these plans. The existing standards for collector and arterial streets are not changed. The requirements for multiuse paths and recreational trails are not changed. The proposed incentives include reduction of required parking, to as little as zero in some circumstances, and reduction in street cross section for a new street class called a yield street. Consequently, there will be additional pressure for parking and transportation. Persons constructing affordable housing can choose to provide more than the minimum parking required. Local parking use studies have found that price limited housing in the 60% or less AMI range does use less parking than market rate homes. The incentives do not require AMI as low as 60%. 130 Staff Report for the Planned Development Zones Text Amendment 22133 Page 10 of 20 Minimum parking requirements for most homes is also proposed to be modified as in Ordinance section 15. The most recent available census data from 2010 shows a high proportion of homes in Bozeman are occupied by one person. This supports a lower parking requirement. The definition of Household to implement federal fair housing law allows for much larger numbers of occupants which may need greater parking areas. The amendment to general parking standards strives to find a reasonable balance between the highs and lows. The reduction does increase the probability that a high occupancy home will be under parked for the number of users on site. There are other tools to manage on-street parking and congestion. The City has been investigating those. Some parking districts are already in place around MSU and Bozeman High School. Active parking management could be expanded to address possible impacts from the reduced parking requirements. The nature of an incentive is that it inevitably involves a trade-off of one good thing for another. In this case, the City is willing to accept some additional risk of overflow parking and street congestion in order to support the desired outcome of increasing low and moderately priced housing stock. G. Promotion of compatible urban growth. Criterion is met. The City has defined compatible development as: “The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and objectives of the city's adopted growth policy. Elements of compatible development include, but are not limited to, variety of architectural design; rhythm of architectural elements; scale; intensity; materials; building siting; lot and building size; hours of operation; and integration with existing community systems including water and sewer services, natural elements in the area, motorized and non-motorized transportation, and open spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design, density or use.” There is no one pattern or method in which to build a community. Many different configurations of uses and buildings can coexist well. The City has adopted many standards to identify and avoid or mitigate demonstrable negative impacts of development. Most of those standards will remain as presently adopted. The adoption of the incentives is a legislative determination that under the new standards as well as the old, compatibility can be maintained. At this time there is no evidence of lack of compliance by a future application. Therefore, staff concludes the criterion is met. H. Character of the district. Criterion is not met. Section 76-2-301 MCA says “Municipal zoning authorized. For the purpose of promoting health, safety, morals, or the general welfare of the community, the 131 Staff Report for the Planned Development Zones Text Amendment 22133 Page 11 of 20 city or town council or other legislative body of cities and incorporated towns is hereby empowered to regulate and restrict the height, number of stories, and size of buildings and other structures; the percentage of lot that may be occupied; the size of yards, courts, and other open spaces; the density of population; and the location and use of buildings, structures, and land for trade, industry, residence, or other purposes.” Section 76-2-302, MCA says “…legislative body may divide the municipality into districts of the number, shape, and area as are considered best suited to carry out the purposes [promoting health, safety, morals, or the general welfare of the community] of this part.” Emphasis added. The City has adopted form and intensity standards in Division 38.320 as part of the implementation of the zoning enabling language cited above. The City has adopted building and site design standards in Divisions 38.510 and 38.530 also as part of the implementation of the zoning enabling language cited above. These are applied to all development according to the district in which the development is located. Part of the incentives offered in the new Division 38.380 for construction of price limited homes is to waive or reduce portions of these standards. The waiver applies to all applicable buildings within the development, not just those which include price limited homes. Character of a district is made up of many different elements; including but not limited to uses, size of lots, and building features. There is no one pattern or method in which to build a community. The City has adopted a range of zoning districts to address different needs. The zoning districts are amended from time to time as needs of the City and its residents change. Many different configurations of uses and buildings can coexist well and the City does not restrict specific architectural styles. The City’s growth policy and allowed land uses per zoning district encourage mixed uses. Incentives inevitably involve a trade-off of one good thing for another. In this case, the City is willing to accept some difference in the otherwise required character of the various districts in order to support the desired outcome of increasing low and moderately priced housing stock. Depending on the district and depth of commitment to price limited homes an additional 1-4 stories are permitted. Minimum lot sizes are reduced or waived. Parking requirements are reduced. Depending on how incentives are applied it will result in a different and more intensive character of development than would otherwise be possible within the specific district. Any development proposing housing may elect to use the incentives. It is not possible to predict how many or on what distribution they will occur. Any residential district and most non-residential districts may see a project use the incentives. This proposal amends the text only and not the zoning map. The proposal does not add or delete zoning districts. 132 Staff Report for the Planned Development Zones Text Amendment 22133 Page 12 of 20 I. Peculiar suitability for particular uses. Neutral. The proposed amendments are not changing the zoning map or the uses allowed within zoning districts. The amendments do relocate some existing uses from the tables in 38.310 to 38.380 so all the incentives are located in 38.380. Therefore, no detailed analysis regarding this criterion can be performed. J. Conserving the value of buildings. Neutral. The proposed amendments are not changing the zoning map or the uses allowed within zoning districts. No standard is being created which will reduce allowed building areas or otherwise restrict the development capacity of a specific property. Staff does not find that the amendments are likely to have negative impacts on existing buildings. It is premature to consider specific proposals. K. Encourage the most appropriate use of land throughout the jurisdictional area. Criterion is met. The zoning map and future land use map of the growth policy identify areas where specific uses are generally appropriate. However, both occur at a coarse level of detail and do not authorize construction. Both residential and most non-residential districts contain the opportunity for housing construction in some form. The proposed amendments do not materially alter the allowed uses in zones. This amendment is consistent with the growth policy including the future land use map, see Criterion A. Therefore, the criterion is met. Spot Zoning Criteria Amendments to the zoning map may, in certain factual circumstances, constitute impermissible “spot zoning.” The proposed amendments do not alter the zoning map in any way at this time. Spot zoning is therefore not a review criteria. PROTEST NOTICE FOR ZONING AMENDMENTS IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION. The City will accept written protests from property owners against the proposal described in this report until the close of the public hearing before the City Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property within the area affected by the proposal or by owner(s) of real property that lie within 150 feet of an area affected by the proposal. The protest must be in writing and must be signed by all owners of the real property. In addition, a sufficient protest must: (i) 133 Staff Report for the Planned Development Zones Text Amendment 22133 Page 13 of 20 contain a description of the action protested sufficient to identify the action against which the protest is lodged; and (ii) contain a statement of the protestor's qualifications (including listing all owners of the property and the physical address), to protest the action against which the protest is lodged, including ownership of property affected by the action. Signers are encouraged to print their names after their signatures. A person may in writing withdraw a previously filed protest at any time prior to final action by the City Commission. Protests must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230. APPENDIX A - DETAILED BACKGROUND AND PROJECT DESCRIPTION The recent pandemic amplified existing housing and work trends and housing prices have greatly increased. An article by Tim Ford in the May 1, 2022, Bozeman Magazine shows median single home sale prices in the Bozeman area increasing over the first quarter 2020 to first quarter 2022 by $389,000. This is an increase of 76% in two years. Chapter 1 of the Bozeman Community Plan 2020 includes a section titled “To Grow Or Not To Grow, If So How?” This section considers the question of whether or not the City should continue policies encouraging development within City limits. Several different related issues are discussed and the section concludes that construction within the City is a better outcome. Affordable housing is a long standing community concern. It was first addressed in the 1972 Master Plan for the community and then all subsequent community land use plans. Several reports, studies, and plans including the Community Housing Action Plan and the One Valley Community Foundation, Gallatin County Regional Housing Study, document the needs for housing and the challenges in providing housing at costs affordable to residents. The state legislature has limited the tools the City has to support affordable housing construction. The City is required to use incentives to encourage construction rather than mandating the construction of affordable housing. The proposed ordinance places an increased emphasis on affordable housing as a public benefit in exchange for the flexibility allowed through the updated Division 38.380. The City has many ongoing efforts to support creation of housing overall including: o supporting and completing infrastructure construction, o primarily of-right development review except where required by state law, o use of tax increment financing in support of housing, o general fund support for affordable housing projects, and o many others. 134 Staff Report for the Planned Development Zones Text Amendment 22133 Page 14 of 20 The City consistently reviews and updates its regulations to keep them relevant and effective. Over the past 20 years, the City has increased allowed development intensity and removed possible cost barriers by the following and other actions: • reduced standards such as land area per home by up to 60%, • reduced setbacks from property lines by as much as 58%, • removed requirements for minimum home sizes, • increased maximum allowed heights, • authorized accessory dwellings for all residential zoning and reduced standards related to accessory dwelling several times, • simplified landscaping standards and encouraged lower water use plantings, • approved dozens of zone map amendments to allow more intensive uses, and • simplified review processes. Despite this work, the cost of housing has continued to escalate, especially compared to wages. The gap between cost of construction and wages is not limited to Bozeman city limits. The One Valley Foundation prepared a housing study in 2021 looking at the entire county and affordable housing issues. Across all housing types and locations they found consistent gaps in available wages and cost of construction. The following image is from that report. 135 Staff Report for the Planned Development Zones Text Amendment 22133 Page 15 of 20 There are no regulations that have such impact that their removal could be even close to offsetting such large increases in home prices and capital gaps between wages and cost of construction. The City can, and is, examining what it does control to identify such incremental improvements as may help. To do so, the City retained Clarion and sub consultants to review the City’s land use regulations. Clarion provided a report with recommendations of possible changes. The City Commission considered that report on March 1st and directed staff to begin drafting amendments to regulations. The first of these amendments was the Housing Departures for Housing Creation text amendment, Ordinance 2111. Ordinance 2111 completed final adoption on June 28, 2022. The effective date of the ordinance is July 28, 2022. The second amendment was a replacement of Division 38.430, Planned Unit Development, and associated amendments to other sections. The Commission held a public hearing on Ordinance 2104 on July 12, 2022 and directed an amendment before moving forward. The amendment wording is being developed. A final date for adoption is not set. The City of Bozeman engaged Clarion Associates and their sub-consultant, Root Policy Research, a firm specializing in housing economics, to propose changes to the unified 136 Staff Report for the Planned Development Zones Text Amendment 22133 Page 16 of 20 development code (UDC) to incentivize the production of community housing units. A key way to evaluate any incentive is to apply a “but for” test: The incentive must enhance the feasibility of providing affordable housing units that would not be financially feasible “but for” the application of the incentive. The team developed prototype proformas of for-sale and rental housing types from single household detached housing units to multi-household units based on regional housing prototypes and costs, market data and interviews. These proformas create base case scenarios for evaluating the financial feasibility of affordable housing production within existing code. The consultants modeled the following base case scenarios: • 3-story rental residential with standard parking requirements (2.0 spaces for a 2- bedroom unit); • 3-story multifamily condo development with standard parking requirements (2.0 spaces for a 2-bedroom unit) • For-Sale townhomes with a 3,000 square foot lot size • Single-household units with a 4,000 square foot lot size The UDC currently allows for these base case scenarios in applicable zoning districts, where townhomes and multifamily, respectively, are currently allowed. The consultants applied code incentives to these base case scenarios to see how the incentives change the feasibility of providing affordable housing units. These incentives constitute a bonus on what is currently allowed by the code. The proposed code changes include the following incentives: • Reduced lot size requirements • Reduced parking requirements • Increased building height allowances The consultants adjusted the base case scenarios by allowing smaller lot sizes, increased building heights, and/or parking reductions in exchange for the inclusion of income- restricted, affordable, units in the development. They evaluated the impact of these bonuses on project feasibility and projected the percentage of affordable housing units these incentives would facilitate that would likely not exist “but for” the incentive. 137 Staff Report for the Planned Development Zones Text Amendment 22133 Page 17 of 20 Shallow Affordability Incentives Clarion found that incentives that would ordinarily enhance affordability had only modest impact in the Bozeman market. Yet, long-term affordable housing units remain community assets and every unit counts. The consultants found that the application of height, lot size, and parking incentives would feasibly produce between 1.5% affordability, and 13% affordability, depending on the housing type. Based on these projects Staff and Clarion are recommending the following Shallow Incentives: 138 Staff Report for the Planned Development Zones Text Amendment 22133 Page 18 of 20 These Shallow Incentives would allow the market to produce long-term affordability with a range of housing unit types without the provision of cash or another subsidy. Deep Affordability Incentives Clarion recommended larger code-based incentives for developments that produced affordability well-beyond what the market would produce with code-based incentives alone. These projects, like GMD’s Arrowleaf and Perennial Park low-income housing tax credit (LIHTC - “Li-Tech”) development and the Bridger View development near Story Mill Park, produced affordability in 50% or more of their units by harnessing federal monetary subsidy, social impact investing, and private philanthropy. In exchange for this depth of affordability, Staff and Clarion recommend the following Deep Incentives: 139 Staff Report for the Planned Development Zones Text Amendment 22133 Page 19 of 20 Given the massive public and private incentives required to produce deep affordability, Staff believes providing more significant incentives are appropriate, and likely necessary, to make more projects like these possible. The amendments proposed in Ord. 2105 replace requirements in code that certain subdivisions include a percentage of price limited homes. The state legislature prohibited such requirements in 2021. The legislature does allow communities to provide incentives to encourage creation of affordable housing. The incentives provided in the new Division 38.380, section 12 of the ordinance, occur in two tiers. See proposed section 38.380.030 beginning on page 19 of the ordinance for details. Developments providing a greater number of homes meeting price caps have additional incentives. The incentives apply throughout the entirety of a development including qualifying residential buildings, even if some buildings in the development contain no price limited homes. The provisions of 38.380 do not affect other incentives or tools the City has to support affordable housing, like direct funding. Home prices are keyed to the Area Median Income (AMI). AMI is established each year by the U.S. Department of Housing and Urban Development. AMI is a standard measure used for many functions including determination of housing affordability. A home is considered affordable if a household pays 33% or less of its income for housing. AMI is the amount of money where half of the households earn more and half less in the county. The AMI includes adjustments for households with more or fewer members. A larger and more comprehensive code review is beginning and is expected to conclude by the end of 2023. 140 Staff Report for the Planned Development Zones Text Amendment 22133 Page 20 of 20 APPENDIX B - NOTICING AND PUBLIC COMMENT Notice for text amendments must meet the standards of 38.220.410 & 420. Notice was published in the Bozeman Daily Chronicle on 7/17/2022, 7/24/2022, 8/07/2022, and 8/14/2022 and contained all required elements. The notice and text was also provided through the City’s Community Development web viewer and news feature on the City’s website. Notice was provided at least 15 days before the public hearing before the Community Development Board in their capacity as the Zoning Commission, and not more than 45 days prior to the City Commission public hearing. The City exceeded the required notice provision. Hearing dates are on the first page of this report. No written public comment has been received so far on this Ordinance. Comments are available through the Laserfiche archive. If comments are received they will be placed in the project folder in Laserfiche. APPENDIX C - APPLICANT INFORMATION AND REVIEWING STAFF Applicant: City of Bozeman, PO Box 1230, Bozeman MT 59771 Representative: Department of Community Development, City of Bozeman, PO Box 1230, Bozeman MT 59771 Report By: Chris Saunders, Community Development Manager FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Amendment. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Ordinance 2105 Public information sheet 141 This ordinance is subject to change as the public review process goes forward. Ord 2105 Page 1 of 35 ORDINANCE 2105 (DRAFT) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA TO REPEAL AND REPLACE DIVISION 38.380 AFFORDABLE HOUSING, AMEND SECTION 38.200.010 REVIEW AUTHORITY TO ASSIGN RESPONSIBILITY FOR AFFORDABLE HOUSING ADMINISTRATION, AMEND TABLE 38.310.030.A PERMITTED GENERAL AND GROUND RESIDENTIAL USES IN RESIDENTIAL ZONING DISTRICTS TO REMOVE REFERENCES TO HOUSING ALLOWED BY 38.380, AMEND TABLE 38.320.030.A MINIMUM AND MAXIMUM LOT AREA TO REDUCE REQUIRED LOT AREA PER HOME IN RESIDENTIAL DISTRICTS, AMEND TABLE 38.320.030.B MINIMUM LOT WIDTH TO REMOVE REFERENCES TO HOUSING ALLOWED BY 38.380, AMEND 38.360.060 ZONE EDGE TRANSITIONS TO ESTABLISH TRANSITION STANDARDS FOR DEVELOPMENT USING HEIGHT INCENTIVES CREATED IN 38.380, AMEND 38.340.040 CERTIFICATE OF APPROPRIATENESS TO REMOVE EXCEPTIONS FOR PROJECTS SUBJECT TO 38.380, AMEND TABLE 38.360.040 ADU USE TABLE IN RESIDENTIAL ZONING DISTRICTS TO REMOVE RESTRICTIONS AND REDUNDANT LANGUAGE, AMEND 38.360.100 CONDOMINIUMS TO REMOVE LANGUAGE NO LONGER APPLICABLE DUE TO CHANGES TO 38.380, AMEND 38.360.120 COTTAGE HOUSING TO REMOVE LANGUAGE NO LONGER APPLICABLE DUE TO CHANGES TO 38.380 AND TO REMOVE AFFORDABILITY REQUIREMENTS, AMEND 38.410.030.G TO REMOVE REFERENCES TO 38.380 NO LONGER APPLICABLE, AMEND 38.420.020.A TO REMOVE REFERENCES TO 38.380 IN PARK DEDICATION REQUIREMENTS, AMEND 38.700.020 A DEFINITIONS TO ADD OR REVISE DEFINITIONS FOR AFFORDABLE HOME, AFFORDABLE HOUSING, AND AREA MEDIAN INCOME, AMEND 38.700.050 D DEFINITIONS TO ADD DEFINTION OF DEVELOPER, TO AMEND 38.700.090 H DEFINITIONS TO REVISE THE DEFINITION OF HOUSEHOLD, AMEND 38.700.220 Y DEFINTIIONS TO DEFINE YIELD STREET. WHEREAS, the City of Bozeman (the “City”) has adopted land development and use standards to protect public health, safety and welfare and otherwise execute the purposes of Montana Code Annotated §§ 76-1-102, 76-2-304, 76-3-102, and 76-3-501; and 142 Ordinance No. 2105, Affordable Housing Ordinance - DRAFT Page 2 of 35 WHEREAS, after proper notice, the Community Development Board acting in their capacity as the Bozeman Zoning Commission held a public hearing on August 1, 2022 to receive and review all written and oral testimony on the proposed amendments; and WHEREAS, the Community Development Board acting in their capacity as the Bozeman Zoning Commission recommended to the Bozeman City Commission that those element of application No. 21338 related to replacement of 38.380, be __________________; and WHEREAS, after proper notice, the City Commission held its public hearing on [DATE], to receive and review all written and oral testimony on the proposed amendment to the subdivision regulations; and WHEREAS, the City Commission has reviewed and considered the applicable amendment criteria established in Montana Code Annotated §§ 76-2-304, and found that the proposed amendments would be in compliance with the criteria. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 Legislative Findings The City Commission hereby makes the following findings in support of adoption of this Ordinance: 1. The City adopted a growth policy, the Bozeman Community Plan 2020, by Resolution 5133 to establish policies for development of the community including zoning. 2. The Bozeman Community Plan 2020 establishes goals to increase the supply of affordable housing in the city. To fulfill these goals, the community plan establishes numerous objectives to promote housing affordability and diversity through increased supply of certain types of housing. 3. The city commission identifies affordable housing as one of its main strategic goals: “Housing and Transportation Choices - Vigorously encourage, through a wide variety of actions, the development of sustainable and lasting housing options for under-served individuals and families and improve mobility options that accommodate all travel modes.” 4. The Community Housing Needs Assessment (February 2019) was completed to help the city identify, understand and address the housing challenges and problems faced by local residents and employees in the city. 5. The Bozeman Community Housing Action Plan was approved by city commission on November 18th, 2019, and amended on January 13, 2020. The Action Plan outlines a partnership framework to address affordable housing (also called community housing) in Bozeman over a five-year period and recommends edits to this chapter. 143 Ordinance No. 2105, Affordable Housing Ordinance - DRAFT Page 3 of 35 6. The city’s first inclusionary zoning policy was adopted in 2007. In April, 2021, the Montana State Legislature adopted House Bill 259, which prohibits local governments from requiring housing fees or the dedication of real property for the purposes of providing housing for specified income levels or sale prices and which prohibits zoning regulations that require housing fees or the dedication of real property for the purposes of providing housing for specified income levels or sale prices. 7. Following the passage of House Bill 259, the city commission desires to replace the city’s current Affordable Housing Ordinance with this ordinance, which does not require any of the actions prohibited by House Bill 259, but instead offers incentives to property owners and developers willing to construct housing at levels of affordability consistent with the housing needs and goals identified in the community plan, the community housing needs assessment, and the community housing action plan. 8. Limited housing opportunities within the city negatively impacts economic development, transportation networks, and sustainability. Affordable housing needs must be addressed to maintain a sufficient resident workforce in all fields of employment, and to ensure the public safety and general welfare of the residents of the city, affordable housing needs must be addressed. 9. The incentives codified in this ordinance will advance the city's legitimate interest in assuring that additional housing is built in the city. 10. This ordinance is adopted pursuant to the city's self-governing powers, the city’s zoning authority, and the police power to protect public health, safety, and general welfare. 11. The Bozeman Community Plan 2020, Chapter 5, sets forth the policies by which the City reviews and applies the criteria for amendment of zoning established in 76-3-304, MCA. 12. Zoning, including amendments to the text, must be in accordance with an adopted growth policy. 13. House Bill 259 being passed into law by the 2021 Montana Legislature, the City must revise its regulations to conform to revised authority for zoning and subdivision. 14. A staff report analyzing the required criteria for a text amendment, including accordance to the Bozeman Community Plan 2020, found that the required criteria are satisfied. 15. The two required public hearings were advertised as required in state law and municipal code and all persons had the opportunity to review the materials applicable to the application and provide comment prior to a decision. 16. The Bozeman Zoning Commission has been established as required in state law and conducted their required public hearing; and after consideration of application materials, staff analysis and report, and all submitted public comment...; and 17. The City Commission conducted a public hearing to provide all interested parties the opportunity to provide evidence and testimony regarding the proposed amendment prior to the City Commission acting on the application. 144 Ordinance No. 2105, Affordable Housing Ordinance - DRAFT Page 4 of 35 18. The City Commission considered the application materials, staff analysis and report, Zoning Commission recommendation, all submitted public comment, and all other relevant information. Section 2 That 38.200.010, Review authority, of the Bozeman Municipal Code be amended as follows with all other elements to remain as presently adopted: H. The director of economic development must oversee, review, and as needed approve, approve with conditions or deny, and manage after approval the following development elements and processes: 1. Division 38.380 Affordable Housing. I H. As detailed in division 38.200 of this chapter, the city commission authorizes the applicable advisory bodies to review and to make recommendations to the review authority regarding development proposals. Under this section, when advisory boards review and make recommendations to the review authority they act in a quasi-judicial capacity. Recommendations do not constitute votes of approval or denial. J H. The city commission or its designated representatives may require the applicant to design the proposed development to reasonably minimize potentially significant adverse impacts identified through the review required by these regulations. The city commission or its designated representatives may not unreasonably restrict a landowner's ability to develop land, but it is recognized that in some instances the unmitigated impacts of a proposed development may be unacceptable and will preclude approval of the development as submitted. Recognizing that the standards of this chapter are minimum requirements and the public health, safety, and general welfare may be best served by exceeding those minimums, the city commission or community development director may require as a condition of approval mitigation exceeding the minimums of this chapter. K I. Decisions of the community development director and other review authorities are subject to the appeal provisions of division 38.250 of this chapter. Section 3 That Table 38.310.030.A. Permitted general and group residential uses in residential zoning districts is amended as follows: Table 38.310.030.A Permitted general and group residential uses in residential zoning districts Table clarifications: 1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted. 2. If a * appears after the use, then the use is defined in article 7. 3. Where a code section is referenced after the use, then the use is subject to the additional 145 Ordinance No. 2105, Affordable Housing Ordinance - DRAFT Page 5 of 35 standards specific to the subject use in that code section. 4. If a number appears in the box, then the use may be allowed subject to development condition(s) described in the footnotes immediately following the table. Uses Zoning Districts R-S R-1 R-2 R-3 R-4 R-5 R-O1 RMH General residential Accessory dwelling units* - attached or detached (38.360.040) P P P P P P P — Accessory dwelling units* - detached (38.360.040) P P P P P P P — Apartments/apartment building* — — — — P P P — Apartment building, limited4 3 — — — P P P P — Cottage housing (38.360.120)* P P P P P P P P Manufactured homes on permanent foundations(38.360.170)* P P P P P P P P Manufactured home communities* — — — — — — — P Single-household dwelling (38.360.220) P P P P P P P P Two-household dwelling (38.360.220) — — P P P P P — Three household dwelling or four- household dwelling (38.360.220) — — — P P P P — Townhouses* & rowhouses* (two attached units)(38.360.250) P2 — P2 — P P P P P P3 — Townhouses* & rowhouses* (five — — — P3 P P P — 146 Ordinance No. 2105, Affordable Housing Ordinance - DRAFT Page 6 of 35 attached units or less) (38.360.250) Townhouses* & rowhouses* (more than five attached units) (38.360.250) — — — — P P P — Group residential Community residential facilities* with eight or fewer residents P P P P P P P P Community residential facilities* serving nine or more residents — — — S P P P — Cooperative household* S S S P P P P S Family day care home* P P P P P P P P Group day care home* P P P P P P P P Group living (38.360.135)* P P P P P P P P Lodging houses* — — — S P P P — Transitional and emergency housing (38.360.140)* and related services S S S S S S S S Notes: 1. The primary use of a lot, as measured by building area, permitted in the R-O district is determined by the underlying growth policy land use designation. Where the district lies over a residential growth policy designation the primary use shall be non-office uses; where the district lies over a non-residential designation the primary use shall be office and other non-residential uses. Primary use shall be measured by percentage of building floor area. 2. In the R-S, R-1, and RMH district townhomes are only allowed when utilized to satisfy the requirements of division 38.380, Affordable Housing. May only be utilized in developments subject to division 38.380 of this article. 2 3. In the R-3 district, townhouse groups must not exceed 120 feet in total width. 3 4. Supplemental use criteria for apartment building, limited are in section 38.360.070. 147 Ordinance No. 2105, Affordable Housing Ordinance - DRAFT Page 7 of 35 Section 4 That Table 38.320.030.A. be amended as follows: Table 38.320.030.A Minimum and maximum lot area Table clarification: 1. Where a code reference or link appears after the form and intensity topic, the use is subject to standards set forth in that section or chapter. 2. If a number appears in the box, refer to the development condition with the corresponding number immediately following the table. If there are multiple numbers, then all development conditions apply. Use Type/Standard Zoning District R-S R-1 R-2 R-3 R-4 R-5 R-O RMH Minimum lot area in a lot per dwelling (square feet)1(38.320.030.A) Single- household dwelling 4,0001 4,0001 4,0001 4,0001 4,0001 3,0001 4,0001 3,0001 Single- household dwelling (only for dwellings to satisfy minimum requirements of division 38.380 of this chapter) 2,700 2,700 2,700 2,700 2,700 2,700 2,700 2,700 Two-household dwellings — — 2,5001 2,5001 2,5001 2,500 3,000 — Two household dwellings (only for dwellings to satisfy minimum requirements of division 38.380 of this chapter) — — 2,500 2,500 2,500 2,500 2,500 — Lot area per dwelling in three- or four- household — — — 3,000 3,000 None 3,000 — 148 Ordinance No. 2105, Affordable Housing Ordinance - DRAFT Page 8 of 35 dwelling configurations Lot area per dwelling in three- or four- household dwelling configurations (only for dwellings to satisfy minimum requirements of division 38.380 of this chapter) — — — 2,500 2,500 None 2,500 — Townhouses & rowhouses per dwelling — — 3,0002 3,00032 3,00032 None 3,00032 — Townhouses & rowhouses (only for dwellings to satisfy minimum requirements of division 38.380 of this chapter) 2,5003 2,5003 2,5003 2,5003 2,5003 None 2,5003 2,500 Apartments – First Dwelling — — — — 3,000 None 3,000 — Apartments – Each dwelling after the first — — — — 1,200 None 1,200 — Apartments and Apartment Building, Limited—First dwelling — — — — 5,000 None 5,000 — Apartments and Apartment Building, Limited —Each — — — — 1,200 None 1,200 — 149 Ordinance No. 2105, Affordable Housing Ordinance - DRAFT Page 9 of 35 dwelling after the first Apartment Building, Limited—Each dwelling — — — 3,000 — — — — Apartments— Each dwelling after the first (only for dwellings to satisfy minimum requirements of division 38.380 of this chapter) — — — — 900 None 900 — Additional area required for an accessory dwelling unit 1,000 4 1,000 1,000 1,000 1,000 None 1,000 — All other uses 5,0001 5,0001 5,0001 5,0001 5,0001 None 5,0001 5,0001 Maximum lot area (net acres) (38.320.020.A) Residential use — — — 2.53 5 2.53 5 2.53 5 2.53 5 — Notes: 1. In order to comply with the standards contained in this chapter, lot area in excess of the required minimum may be needed (for corner lots, parking, landscaping or large residential structures, for example), and may be necessary for property adjacent to watercourses, ridgelines, or other environmental features in order to provide an appropriate buildable area on the lot. 2. Per townhouse lot or rowhouse dwelling. 2 3. For townhouse or rowhouse clusters, the lot area per dwelling may be averaged within the cluster. 4. Extra lot size requirement does not apply when R-S lots are larger than 6,000 square feet. 35. Departures from the maximum lot size requirements may be allowed where the planned development fits into the context of the neighborhood and proposed pedestrian and vehicular circulation measures meet community objectives. 150 Ordinance No. 2105, Affordable Housing Ordinance - DRAFT Page 10 of 35 Section 5 That Table 38.320.030.B, be amended as follows: Table 38.320.030.B Minimum lot width (feet) Table clarification: 1. Where a code reference or link appears after the form and intensity topic, the use is subject to standards set forth in that section or chapter. 2. If a number appears in the box, refer to the development condition with the corresponding number immediately following the table. If there are multiple numbers, then all development conditions apply. Use Type/Standard Zoning District R-S R-1 R-2 R-3 R-4 R-5 R-O RMH Single- household dwelling 50 50/401 50/401 50/401 50/351 35/251,2 50/401 50/401 Single- household dwelling (only for dwellings to satisfy requirements of division 38.380 of this chapter) 30 30 30 30 30 30 30 30 Two household dwelling — — 60/501 60/401 50/401 50/401 50/501 — Accessory dwelling unit3 50 40 40 40 40 None4 40 — Accessory dwelling unit3 on lots with Townhouses 30 30 30 Width of interior units2 Width of interior units2 Width of interior units2 Width of interior units2 — Dwellings in three- or four- household dwelling configurations - - — 60 60 None2,4 60 — 151 Ordinance No. 2105, Affordable Housing Ordinance - DRAFT Page 11 of 35 Townhouses 30 30 30 Width of interior units,2 Width of interior units,2 Width of interior units,2 Width of interior units,2 — All other uses 50 50 50 50 50 None2,4 50 50 Notes: 1. When the lot is adjacent to an alley and vehicle access is taken only from that alley. 2. Lot width is subject to section 38.400.090. Lot widths of 25 feet or less may jeopardize compliance with standards for legal and physical access, street trees, on-street parking, garage design, drive access width and placement, and utilities. Home design and size will be restricted as a result. Mitigation measures may be required for placement and separation of public and private utilities. 3. Second dwellings in accessory buildings are subject to all restrictions in this chapter relating to accessory buildings. Lot area and width must be provided as if the dwelling were attached to the principal use. Dwellings to be developed under this option are subject to section 38.360.040. 4. Lot widths may be variable provided they are sized and shaped sufficient to accommodate permitted uses and conform to applicable design and density standards. Section 6 That 38.320.060, Zone edge transitions, be amended as follows: Sec. 38.320.060. Zone edge transitions. A. Intent. To provide measures that help to provide a compatible transition between certain higher and lower intensity zoning districts. B. Zone edge transition standards. The following standards are intended to supersede other form and intensity standards in this division. 1. Setback adjustments. a. Minimum side and rear setbacks for development within BP, M-1, and M-2 districts where adjacent to a residential district: 15 feet. No additional setbacks required adjacent to alleys and streets. b. Minimum side and rear setbacks for development within B-3 and UMU districts adjacent to a residential district: five feet. No additional setbacks are required adjacent to alleys and streets 2. Height/setback adjustments. a. For development on sites in the B-3, B-2M, UMU, and R-5 districts that are adjacent to the RS, R-1, or R-2 district. From a height of 38 feet at a ten foot 152 Ordinance No. 2105, Affordable Housing Ordinance - DRAFT Page 12 of 35 setback from the property line adjacent to from the applicable residential districts, buildings must step back at a 45 degree angle away from the applicable property line as shown in figure 38.320.060. No such 45 degree angle setback is required if separated by a street. b. For development on sites in the B-3 district that border R-3 and R-4 districts. From a height of 38 feet at a five foot setback from the property line adjacent to from the applicable residential districts, buildings must step back at a 45 degree angle away from the applicable property line. c. For buildings located at the edge of a zoning district and which use the height incentives of 38.380.030. At the required setback from property line for the district in which the site is located; and from the maximum building height allowed in the district without the height incentive; buildings must step back at a 45 degree angle away from property lines. This requirement does not apply to interior common walls within the same development, such as between townhomes. d. Permitted 45 degree angle step back encroachments in a-c of this paragraph: (1) Permitted horizontal encroachments include those elements and standards set forth in section 38.350.050.A. (2) Permitted vertical encroachments include those elements and standards set forth in section 38.350.050.D. Section 7 That 38.340.040. Certificate of appropriateness, be amended as follows: Sec. 38.340.040. Certificate of appropriateness. A. A certificate of appropriateness is required before any and all alteration(s) other than those specifically exempted in subsection 1 of this section, or repair(s) as defined in section 38.700.160, are undertaken upon any structure in the conservation district. The review authority for certificates of appropriateness is established in division 38.200.010 of this chapter. Compliance with the terms of the final decision is required. The Montana Historical and Architectural Inventory Form must be reviewed and, if necessary, updated to reflect current conditions on the site, prior to the review of the proposal. Application procedures are as follows: 1. No building, demolition, conditional use, sign or moving permit may be issued within the conservation district until a certificate of appropriateness has been issued by the appropriate review authority, and until final action on the proposal has been taken. a. Limited exceptions. The following construction located within the neighborhood conservation overlay district, within an established historic district, or at a site which is individually listed on the National Register of Historic Preservation, does not require a certificate of appropriateness if the project satisfies the following standards: 153 Ordinance No. 2105, Affordable Housing Ordinance - DRAFT Page 13 of 35 (1) Fences meeting all other provisions of this chapter (e.g. height limitations, street vision triangle, finished side out, etc. per section 38.350.060) which are built of wood, wrought-iron, or any other non-synthetic material and whose construction allows "transparency" as set forth in Chapter 3, Section F of the design guidelines referenced in section 38.340.050.D. Chain link fencing is not included in this exception. (2) Basement egress windows whose window material and configuration is present elsewhere in the structure, and whose window wells are not on the front or corner-side setback elevation of the structure, and which do not establish or provide egress from an illegal dwelling unit. (3) Accessory structures under 120 square feet as measured from the outer edge of the exterior walls, which meet the setback requirements, are not more than 14 feet to their highest point and which do not require a building permit. (4) Alterations in roofing material, if installing wood shingle, slate, tile, or asphalt shingle material, and no changes are made to the roof shape, pitch or slope. (5) Photovoltaic panels which are flush mounted to a roof. 2. Application, review and public notice procedures for proposals located within the conservation district are set forth in division 38.230, Plan Review, and division 38.220, Applications and Noticing, of this chapter. If demolition or movement of structures or sites subject to the conservation district requirements is proposed, the procedures in section 38.340.080 apply. 3. The architectural designs of individual affordable housing units used to satisfy the requirements of section 38.380.030 and are exempt from the review requirements of this part 1. This exemption does not extend to removal or alterations of existing structures. Section 8 That Table 38.360.040. ADU use table in residential zoning districts, of the Bozeman Municipal Code be amended as follows: Table 38.360.040 ADU use table in residential zoning districts Table clarification: 1. Uses: P = Principal; S = Special uses; — = Uses which are not permitted. 2. If a * appears after the use, then the use is defined in article 7. 3. If a number appears in the box, then the use may be allowed subject to development condition(s) described in the footnotes immediately following the table. Zoning districts 154 Ordinance No. 2105, Affordable Housing Ordinance - DRAFT Page 14 of 35 R-S R-1 R-2 R-3 R-4 R-5 RMH REMU Detached ADU2 & 3 P P P P P P — P Attached ADU2, 3 & 4 P P P P P P — P Owner occupied Yes1 Not required Yes1 Not required Not required Not required Not required Not required — Not required The following ADU standards and 38.320.070 apply to all zoning districts: Occupancy limit 2 persons Deviations No # of ADU per lot One Location ADU's are permitted above accessory buildings and on the ground floor. Ground floor ADUs require alley access or pedestrian connection to a sidewalk or the adjacent right-of- way. Parking requirement ADUs are not subject to minimum parking requirements. If parking is provided it must conform to all applicable standards. Unit size In no case may an ADU be larger than 600 square feet or have more than a single bedroom. The method of calculating the maximum ADU square footage will be "living area" defined as "all floor area exclusive of areas with a sloped ceiling less than three feet in height, stairwells, and exterior decks." Bedrooms, living rooms, kitchens, casework, interior walls, hallways, closets, bathrooms, and any other living space must be included in the maximum square footage calculation. Design requirements Detached ADUs, including second story additions on detached garages may be approved only if found compatible and consistent with the existing character and fabric of the neighborhood. The review authority must consider placement and size of windows, decks, balconies, fencing, landscape screening, and height and massing of the structure to minimize impacts to adjacent properties. Height limit Notwithstanding the limitations in section 38.360.030.G, a detached ADU may exceed the height of the principal building but may not exceed 22 feet in height. 155 Ordinance No. 2105, Affordable Housing Ordinance - DRAFT Page 15 of 35 Garage conversions Garages may not be converted for use as ADUs unless all required parking for all uses on the lot is otherwise provided prior to conversion. However, ADUs may be placed above garages except where otherwise noted. Minimum standards or "no guarantee" A permit for an ADU will not be granted unless the lot has been configured to accept an ADU with adequate lot area, utility services, and compliance with setbacks and height standards. Notes: 1. R-S and R-1 occupancy. At least one owner of record who possesses at least an estate for life or a 50 percent fee simple ownership interest must reside on site as their primary residence. No more than one of the dwellings, either the principal dwelling or the accessory dwelling, may be rented by non-owners at the same time. The city may require a guarantee of compliance with the requirements of this section, including but not limited to a binding deed restriction or covenant enforcing the single rental restriction as allowed in section 38.270.080.B, as a condition of approval. 2. Any ADU created within an accessory building is subject to the limitations of 38.360.030. 3. An accessory dwelling unit may not be approved on a reduced size lot created to meet the minimum affordable housing requirements of chapter 38, division 380. 4. Location. The ADU may be a part of the principal dwelling unit, provided the ADU is clearly incidental to the principal dwelling unit and meets all of the following criteria: a. Lot area per Table 38.320.030 is provided. b. The ADU does not exceed one-third of the total area of the principal structure. c. If the entrance for the ADU is separate from the entrance of the principal structure, the entrance must be on a façade different than that of the main entry. Section 9 That 38.360.100, Condominiums, of the Bozeman Municipal Code be amended as follows: Sec. 38.360.100. Condominiums. A. Unit ownership act. Condominium developments must comply with all provisions of the Unit Ownership Act, MCA 70-23-101 et seq., and all regulations adopted to implement to Act. B. Condominium association. A condominium association must be established for each condominium development. The developer must prepare bylaws for the condominium 156 Ordinance No. 2105, Affordable Housing Ordinance - DRAFT Page 16 of 35 association, as well as covenants, conditions and restrictions for the condominium development, in compliance with division 38.220 of this chapter. The bylaws, covenants, conditions and restrictions must be submitted to the city for review and approval prior to the granting of plan approval or approval for condominiumization of existing development. C. Internal circulation in a condominium development must be designed in accordance with division 38.540 of this chapter, and must, when deemed necessary by the city engineer, comply with section 38.400.020. D. Condominiums may be subject to chapter 38, division 380. Section 10 That 38.360.120.A of the Bozeman Municipal Code be amended as follows: A. Purpose and intent. 1. The purpose of this section is to achieve the goals and objectives of the land use and housing chapters of Bozeman's growth policy and the goals of the Inclusionary Housing Ordinance, division 38.380 Affordable Housing. Cottage housing enables higher density development by allowing smaller lots, smaller home sizes, and clustered home sites, which are subject to design standards. This housing development option encourages more efficient use of land and energy. 2. Cottage housing development regulations are designed to: a. Provide opportunities for creative, diverse and high quality infill and greenfield development compatible with existing neighborhoods; b. Support development of diverse housing in accordance with the growth policy; c. Increase the variety of housing types available within the community; d. Support the creation of neighborhoods with a mix of housing opportunities for mixed incomes; and e. Provide opportunities for small, detached cottages within existing neighborhoods. Section 11 That 38.360.120.C of the Bozeman Municipal Code be deleted and the remainder of the section renumbered. C. Affordable housing applicability. The requirements of division 38.380, unless specifically modified in this article, apply to all cottage housing subdivisions regardless of the number of cottages proposed to be included in the development. Notwithstanding the provisions of division 38.380, a cottage housing subdivision must provide at least one lower-priced home, or three moderate-priced homes. A cottage housing subdivision may have more affordable homes than the required minimum. 157 Ordinance No. 2105, Affordable Housing Ordinance - DRAFT Page 17 of 35 Section 12 Division 38.380. - Affordable Housing is repealed in its entirety and replaced to read as follows: Division 38.380 Affordable Housing 38.380.10 Purpose A. The purpose of this division is to promote the public health, safety, and welfare by incentivizing increased production of affordable rental and for sale housing to meet the needs of city residents and the goals of the adopted growth policy and the community housing action plan. B. In addition, the purpose of this division is to offer incentives tailored to the levels of housing affordability in new development and redevelopment, with greater incentives being offered to those producing or preserving housing affordable to households earning lower percentages of the Bozeman Area Median Income (AMI). C. In addition, this division alleviates the reduction in the land supply available to accommodate future affordable housing development that would result if most or all of the available residential land is used solely for the benefit of households that are able to afford market-rate housing. 38.380.020 Applicability A. Generally. The following types of development are eligible to use the incentives described in this division. Affordable home incentives, described in section 38.380.030, may be approved in conjunction with an annexation, subdivision, or site plan that: 1. Contains or will contain dwellings; and 2. That commits to providing at least the minimum percentages of dwellings in the development at rental rates or sales prices affordable at no more than the maximum percentages of AMI established in Table 38.380.020-1 or Table 38.380.020-2 and consistent with all requirements of 38.380. Table 38.380.020-1 Affordable Homes Required for Deep Incentives    Minimum Percentage of Homes  Maximum Percentage of AMI  Duration Rental Dwellings  For-Sale Dwellings (includes condominiums) Type of Housing    158 Ordinance No. 2105, Affordable Housing Ordinance - DRAFT Page 18 of 35 Single-Household Detached Dwelling  =>50%  80% of AMI  120% of AMI  =>30 years Single-Household Attached Dwelling  =>50%  80% of AMI  120% of AMI  =>30 years Multi-Household Dwelling  =>50%    80% of AMI  120% or AMI  =>30 years Table 38.380.020-2 Affordable Homes Required Shallow Incentives    Minimum Percentage of Homes  Maximum Percentage of AMI  Duration Rental Dwellings  For-Sale Dwellings (includes condominiums) Type of Housing    Single-Household Detached Dwelling  =>5%  80% of AMI  120% of AMI  =>30 years Single-Household Attached Dwelling  =>5%  80% of AMI  120% of AMI  =>30 years Multi-Household Dwelling  =>5%    80% of AMI  120% or AMI  =>30 years B. The City and a landowner may agree by contract to future development on a property producing the housing identified above in exchange for the incentives in this division. C. Previously Approved Development 1. A previously annexed but undeveloped parcel of land, subdivision, or site plan that has received final approval before the effective date of this division, and that has not previously received an incentive in return for commitments to include affordable housing in the development, may apply for affordability incentives listed in section 38.380.030. The property owner or applicant for the previously undeveloped parcel must make a written commitment to meet the affordability standards for rental rates or sales prices in this section consistent with 38.380.040. The affordable housing plan must be submitted and approved prior to use of any incentive. 2. Only that portion of the amended preliminary plat or site plan, including associated code standards and conditions of approval, pertaining to the request for approval of one or more procedural adjustments and subsidies will be subject to additional preliminary plat or site plan review. D. Assumptions and Calculations 1. All references to AMI are to the most recent Area Median Income established by the U.S Department of Housing and Urban Development (HUD). As HUD publishes updated 159 Ordinance No. 2105, Affordable Housing Ordinance - DRAFT Page 19 of 35 AMI values they are immediately effective without further action by the City. The city may establish administrative procedures for application and implementation of AMI in calculating dwelling costs in accordance with 38.380.070. 2. To determine the maximum sales prices of affordable homes with different numbers of bedrooms, the city will base its calculation on AMIs for households of different sizes, as follows, with the review authority determining which rooms qualify as bedrooms: a. Studio dwelling: AMI for a one-person household; b. One bedroom dwelling: AMI for a two-person household; c. Two bedroom dwelling: AMI for a three-person household; and d. Three bedroom unit or larger: AMI for a four-person household. 3. If the calculation of the required number of affordable homes results in a fraction of a home, fractions equal to or less than 0.5 shall be ignored, and fractions greater than 0.5 shall be rounded up to require the construction of one affordable home, which may be a studio unit. 38.380.030 Incentives Available. Applications for development of affordable homes that comply with the requirements of this division qualify for and must be awarded the incentives applicable to the type and tenancy of affordable housing being provided and requested by the developer. A. Incentives may be applied to: 1. Dwellings in single use residential or mixed-use residential/nonresidential development. 2. If a single building contains a mix of residential and nonresidential primary uses, these incentives are only available if 50 percent or more of the gross floor area of the building contains residential uses. The incentives below supersede the standards otherwise applicable in this chapter. The city retains the authority to approve, approve with conditions, or deny the project as a whole based on compliance with other portions of this title or other city regulations, but shall not attach conditions to an approval that have the effect of removing the incentives awarded in this section. B. Incentives for Table 38.380.020-1 Deep Incentives. If the developer proposes to construct affordable homes that meet the standards in Table 38.380.020-1 in the same geographically contiguous development as market rate homes, the developer may apply the following incentives to all primary buildings in the development in which 50 percent or more of the gross floor area contains residential uses: 1. For single-household detached dwellings: a. Minimum lot size of 2,000 square feet; or 1,600 square feet if the applicant demonstrates that all applicable city regulations related to lot development, access and utilities can be met. 160 Ordinance No. 2105, Affordable Housing Ordinance - DRAFT Page 20 of 35 b. No minimum lot width requirement above that necessary for access and utilities if the applicant demonstrates that all applicable city regulations related to lot development, access and utilities can be met. c. Off-street parking requirement of one space per dwelling. e. Concurrent construction of infrastructure and dwellings per 38.270.030 is allowed. 2. For single-household attached dwellings (townhouses and rowhouses): a. Minimum lot size of 1,600 square feet; or 1,400 square feet if the applicant demonstrates that all applicable city regulations related to lot development, access and utilities can be met. b. No minimum lot width requirement if the applicant demonstrates that all applicable city regulations related to lot development, access and utilities can be met. c. Off-street parking reduction to one space per dwelling. d. Concurrent construction of infrastructure and housing per 38.270.030 is allowed. 3. For multi-household dwellings and mixed-use buildings: a. One additional story of height (maximum 15 feet per story) beyond that allowed in the RS, R-1, R-2, R-3, or RMH zoning districts. b. Two additional stories of height (maximum 15 feet per story) beyond that allowed in the R-4, R-5, R-O, NEHMU, and B-1 zoning districts. b. Four additional stories of height (maximum 15 feet per story) beyond that allowed in the UMU, REMU, B-2, B-2M, and B-3 zoning districts. c. No minimum onsite vehicle parking requirement, but bicycle parking standards and requirements of 38.540.050 still apply. d. Townhouses* & rowhouses* (two attached units) in the R-1, RS, and RMH zoning districts. e. Exemption from each of the following for buildings containing dwellings, unless an alternative standard is provided in this division: i. Minimum lot size, lot area per dwelling units, and lot width requirement in all zoning districts. ii. Section 38.510.030.E-J block frontage standards, provided that vehicle parking is prohibited between the front or side of a principal building and a public or private street; iii. Section 38.530.040.E maximum façade width standards; iv. Section 38.530.040.F roofline modulation standards v. Section 38.530.050 building detail standards; and vi. Section 38.530.060 building material standards. f. Concurrent construction of infrastructure and housing per 38.270.030. 4. Developments subject to 38.380 may use yield streets without requirement for additional zoning review requirements beyond that for the development within which the yield street will be used. A yield street has the following characteristics: 161 Ordinance No. 2105, Affordable Housing Ordinance - DRAFT Page 21 of 35 a. 40-foot right-of-way with two-way dedicated travel in a 16-foot advisory yield zone for motor vehicles and 5-foot walkways outside on either side. b. Staggered 7-foot wide parallel parking spaces which may include chicane style streetscape for varying width of paved area. c. No parking in front of private property that blocks access to property adjacent to the street. d. Passing areas every 100 feet minimum for sight line assurance and yielding capabilities. Passing pullout areas to be not less than 25 feet long. Driveway accesses may serve as passing areas. e. Snow management plan, including enforcement provisions, must be provided during initial development review. 1) No snow storage in passing areas; 2) Adequate storage areas or removal methods must be provided to address two 25 year storms. f. Stormwater must be managed within the right of way unless an alternate method compliant with municipal standards is provided. g. A comprehensive street signage plan must be included with initial submittal and executed with infrastructure plans and construction including but advisory signage for yielding to pedestrians/bikes/PTDs and other vehicle travelers.. h. The proposed design must be consistent with accessibility requirements established by any governmental agency. i. Design shall address inclusion of any proposed street furnishings, amenities, plantings, etc. j. Yield streets are exempt from the requirements of 38.550.070 for installation of street trees adjacent to individual lots. k. The City may limit speeds to less than standard for a local street. l. Maintenance – Must be maintained by landowners in the development unless the City explicitly assumes responsibility. A funding mechanism equal to that for private streets in 38.400.020 is required for private maintenance. m. Length may not exceed 400 feet without intersecting with a street. Ends must terminate at a street or be provided a fire code compliant turn around. A total length may exceed 400 feet if there are crossing streets with a yield street. n. Adjacent buildings must not exceed three stories unless setup space for fire department ladder trucks is provided adequate to access all buildings in excess of three stories. C. Incentives for Table 38.380.020-2 Shallow Incentives. If the developer proposes to construct affordable homes that meet the standards in Table 38.380.020-2 in the same geographically contiguous development as market rate homes, the developer may apply the following 162 Ordinance No. 2105, Affordable Housing Ordinance - DRAFT Page 22 of 35 incentives to all primary buildings in the development in which 50 percent or more of the gross floor area contains residential uses: 1. For each single-household detached dwelling a minimum lot size of 3,000 square feet, or 2,500 square feet, if the applicant demonstrates that all applicable city regulations related to lot development, access and utilities can be met. 2. For each single-household attached dwelling (townhouse or rowhouse) a minimum lot size of 2,200 square feet, or 1,800 square feet, if the applicant demonstrates that all applicable city regulations related to lot development, access and utilities can be met. 3. For multi-household dwellings and mixed-use buildings: a. Ten percent reduction in lot area for applicable dwelling type in Table 38.320.030.A. b. One additional story of height (maximum 15 feet per story) beyond that allowed in the RS, R-1, R-2, R-3, RMH, R-4, R-5, R-O, NEHMU, and B-1 zoning districts. c. Two additional stories of height (maximum 15 feet per story) beyond that allowed in the UMU, REMU, B-2, B-2M, and B-3 zoning districts. d. Minimum vehicle parking requirement of one stall per dwelling for all districts other than B-3 and bicycle parking standards and requirements of 38.540.050 still apply. e. Minimum vehicle parking requirement of 0.75 stall per dwelling for B-3 district; bicycle parking standards and requirements of 38.540.050 still apply. e. Townhouses & rowhouses (two attached units) are principal uses in the R-1, RS, and RMH zoning districts. 38.380.40 Affordable Housing Plan Required A. To qualify for low income affordable home incentives, the developer must submit to the City an affordable housing plan that includes the information and complies with the standards in this section: 1. Information Required a. The total number of affordable homes, and market rate homes in the proposed development; b. The table in 38.380.020 to be applied to the affordable housing plan. c. The number of bedrooms in each proposed low income affordable home, and market rate home in the development. d. Whether each affordable home will be offered for rental or for sale; e. The location of affordable lots or units in the development; f. The applicable AMI and maximum rental or sales price applicable to each low income affordable home; g. A description of the requested incentives from section 38.380.040. 163 Ordinance No. 2105, Affordable Housing Ordinance - DRAFT Page 23 of 35 h. Any other information that is reasonably necessary to evaluate the compliance of the affordable housing plan with the requirements of this division, as determined by the review authority. i. If the development is to be constructed in phases: 1) The required information may include specific commitments for the first phase of development and estimates for later phases of development, provided the combination of committed and estimated low income affordable homes in the development equals or exceeds the minimum required to qualify for the incentives requested. 2) As the number of low income affordable homes for each later phase is finalized, the developer must submit an update to the affordable housing plan including or updating the information required in this section. The review authority shall review and approve, approve with conditions, or deny the update using the criteria in this section. 2. Development Standards for Affordable Homes a. The number of affordable homes must meet or exceed the minimum standards needed to qualify for the applicable incentive in section 38.380.030. b. The mix of bedrooms per unit in affordable homes must be as similar as possible to the mix of bedrooms per unit of the market-rate homes in the development. c. Access to shared amenities and services by residents of the affordable homes must be the same as to those in market rate homes in the development. d. If the development is to be constructed in phases, and the developer has requested affordable housing incentives, at least 75 percent of the dwelling units in each phase must be affordable homes, unless the city has received adequate legal or financial assurance that any shortfall during earlier phases will be constructed before approval of the final phase of development. B. The review authority may approve the affordable housing plan if the review authority finds that it includes the information required for the city to confirm compliance with the standards and criteria in this division, including but not limited to the standards in Section 38.380.030.A, and any administrative procedures related to this division adopted pursuant to section 38.380.070. C. No annexation, preliminary subdivision, or site plan that contains any residential dwelling units and that requests affordable housing incentives may receive final approval until the affordable housing plan has been approved by the review authority. D. After approval by the review authority, the affordable housing plan must be incorporated by reference in the recorded annexation, final subdivision plat, or site plan documents. E. An approved affordable housing plan is a binding contract between the developer and the developer's successors in interest to the lot or dwelling, and must be included in a separate recorded written agreement between the developer and the city, or incorporated into another 164 Ordinance No. 2105, Affordable Housing Ordinance - DRAFT Page 24 of 35 recorded document in which the developer is required to implement the affordable housing plan. 38.380.50 Land Donation Alternative A. As an alternative to constructing some or all of the affordable homes required by section 38.380.020, the developer may qualify for the incentives listed in section 38.380.040 by donating one or more parcels of land within the city limits. The land donation must meet the standards in this section and be approved by the director as providing equal or greater affordable housing benefit to the city. B. The developer may donate undeveloped parcels of land or ready-to-build house lots, provided the land is subject to a document recorded in the records of the Gallatin County Clerk and Recorder requiring the land be used only for the construction of affordable homes; C. The value of the land donated must equal or exceed the remaining cost of designing, obtaining land use and building approvals for, installing or upgrading infrastructure for, and constructing the number of affordable homes the annexer, subdivider, or developer would otherwise be required to provide in return for the requested incentives listed in subsection 38.380.030, as established by an independent valuation and economic study commissioned by and acceptable to the city and paid for by the developer. 38.380.60 Qualification of Renters and Buyers A. Developer must provide to the city written assurance acceptable to the city that each renter or purchaser of an affordable home must meet the following standards for a period of at least 30 years from initial occupancy of the home. B. Each renter or purchaser of an affordable home: 1. Must occupy the affordable home as their primary residence, as determined by the review authority; 2. Must meet the definition of a Household in section 38.700.090; 3. Must comply with the income restrictions applicable to that type of home and tenancy according to 38.380.020: a. Income verification for rental units must be performed every two years, and income verification for owner occupied units must be performed at the time of purchase, based on standards and methods approved by the U.S. Department of Housing and Urban Development. b. If the project is subject to income restrictions different from those in section 38.380.020 as a condition of participation in a state or federal housing program or receipt of state or federal financial assistance, the renter or purchaser must comply with those alternative income restrictions, as verified by standards and methods used by the applicable state or federal program. 165 Ordinance No. 2105, Affordable Housing Ordinance - DRAFT Page 25 of 35 4. Must not, if the Affordable Home is purchased, sell the home for a price higher than the original sales price of the home plus a compounded increase of 2.5% for each year the purchaser owns the home. C. The developer may satisfy the requirements of this section by contracting with a third party to monitor and enforce the conditions in this section through a written agreement approved as to form by the City Attorney. The developer may change the third party contractor with written approval by the City. D. The developer, or the city or its agent if the city is involved in the rental or sale of an affordable home, must record in the offices of the Gallatin County Clerk and Recorder, simultaneously with the recording of the deed of conveyance, a restrictive covenant, deed of trust or other legal instrument, approved as to form by the City Attorney, that obligates all owners or renters of the property to comply with the provisions of this section. 38.380.70 Administration A. The review authority shall have authority to promulgate and enforce all reasonable rules and regulations and take all actions necessary to the effective operation and enforcement of this division, unless such authority is expressly reserved to the city commission or another city official, including but not limited to: 1. Reviewing affordable housing plans for compliance with this division; 2. Adopting application, monitoring, and reporting forms, and other forms and information required from developers for implementation of this division; 3. Monitoring compliance with this division, notifying the subdivider or developer of noncompliance, and ordering compliance; 4. Imposing any and all sanctions permitted by this division; and 5. Calculating and making available through the city website or otherwise the AMI needed to qualify for the various incentives listed in this division, and updating that information as needed to reflect any adjustments approved by the city commission. 6. Adopting standards and policies to qualify eligible purchasers and renters for Affordable Homes created under this division. B. The city may publish administrative rules and instructions consistent with and necessary for the implementation of this division, including but not limited to instructions for completing the affordable housing plan, valuations required by this division, and the distribution of the required number of affordable homes and bedrooms within a project requesting the incentives in this division. C. The review authority may create standards for documentation the city will use to verify the rental rates or sale prices of affordable homes created pursuant to this division. For the initial sale of an affordable home, the seller must provide the city with a copy of the HUD-1 form prepared by an attorney or title company indicating the sale price. The final sale price on the HUD-1 form may not exceed the maximum price for a specific affordable home as described in section 38.380.030, plus an allowed maximum established by rule as authorized in this 166 Ordinance No. 2105, Affordable Housing Ordinance - DRAFT Page 26 of 35 section in buyer selected upgrades, if allowed by the first mortgage lender underwriters. In addition, the city shall require certification satisfactory to the city of homebuyer income qualification. D. Upon receipt of a settlement statement for the sale of an affordable home, the city will determine if the completed affordable home sale complies with the approved affordable housing plan and the requirements of this division and if not, will notify the seller of the noncompliance. 38.380.80 Noncompliance and Sanctions A. If the city determines that a developer has failed to comply with any terms or conditions of the affordable housing plan or this division, the review authority shall notify the developer of the noncompliance in writing and order compliance by the most reasonable and expeditious means as determined by the city. Notification shall describe the date by which the developer must be in full compliance and shall describe the nature of the noncompliance and the possible sanctions for noncompliance. B. A developer that sells an affordable home for a price not in compliance with the approved affordable housing plan, this division, or any other recorded document obligating the developer to comply with this division shall pay a penalty to the city. The penalty shall be equal to 125 percent of the difference between the actual sale price and the maximum sale price of the affordable home as set out in the approved affordable housing plan. C. In addition to other remedies available to the city pursuant to this division, if the developer remains in noncompliance on the date by which compliance was required, the city shall have the authority to impose one or more sanctions, including but not limited to the following, that the city deems most effective and appropriate considering the nature of the noncompliance: 1. Withholding or revoking building permits; 2. Issuing stop-work orders; and/or 3. Withholding or revoking certificates of occupancy. Section 13 That 38.410.030.G, of the Bozeman Municipal Code be amended as follows: G. Depth. Except for individual lots for individual townhomes; lots used to meet the requirements of chapter 38, division 38.380; lots serviced by an alley; or when necessitated by physical features of the land, no lot may have an average depth greater than three times its average width. Section 14 That 38.420.020.A of the Bozeman Municipal Code be amended as follows: 167 Ordinance No. 2105, Affordable Housing Ordinance - DRAFT Page 27 of 35 A. The area required by this subsection must be provided as a land dedication unless an alternate method of compliance is approved by the review authority. 1. When the net residential density of development is known, 0.03 acre per dwelling unit of land must be provided. a. When the net residential density of development is known at the time of preliminary plat and net residential density is in excess of eight dwellings per acre, the requirement for dedication for that density above eight dwellings per acre must be met with a cash donation in-lieu of the additional land unless specifically determined otherwise by the review authority. b. If net residential density is in excess of eight dwellings per acre, the requirement for dedication for that density above eight dwellings per acre must be met with a cash donation in-lieu. c. When developed as group quarters, such as group living or community residential facilities, rather than individual dwelling units, in lieu of 0.03 acres per dwelling unit, an area of 575 square feet per resident must be provided. d. Land dedication or its equivalent must not be required for any dwelling units or group quarters occupancy in excess of the following: (1) For development within the R-1, R-2, and R-MH zoning districts, the maximum net residential density must be ten dwelling units or 22.5 persons in group quarters per acre. (2) For development within the R-3, R-4, R-5, R-O, and REMU zoning districts, the maximum net residential density must be 12 dwelling units or 27 persons in group quarters per acre. (3) For development within other zoning districts not previously specified and developed for residential uses, the maximum net residential density must be 12 dwelling units or 27 persons in group quarters per acre. 2. If net residential density of development is unknown, 0.03 acres per dwelling unit must be provided as follows: a. For initial subdivision or other development: (1) Within the R-1, R-2, and R-MH zoning districts: an area equal to that required for six dwelling units or 13.5 persons in group quarters per net acre. (2) Within the R-3, R-4, R-5, REMU, and unless legally restricted from residential uses the R-O zoning districts: an area equal to that required for eight dwelling units or 13.5 persons in group quarters per net acre. (3) Within other zoning districts which are intended for residential development: the equivalent to an area dedication for six dwelling units or 13.5 persons in group quarters per net acre must be provided as cash-in-lieu. b. For subsequent development when net residential density becomes known, the net residential density per acre above the minimum established above must be 168 Ordinance No. 2105, Affordable Housing Ordinance - DRAFT Page 28 of 35 rounded to the nearest whole number and applied as shown in the following table. All prior provision of parkland for the project site must count towards the maximum required dedication. Table 38.420.020.A Parkland Dedication Provisions Zoning District Required Dedication per Dwelling Maximum Required Dedication per Acre Cash-in-Lieu Required R-1, R-2, R-MH .03 acres or equivalent 10 dwellings Yes R-3, R-4, R-5, R-O, and REMU .03 acres or equivalent 12 dwellings Yes All other districts .03 acres or equivalent 12 dwellings Yes Required area per person Maximum required dedication per net acre Group quarters 575 square feet or equivalent 27 persons Yes 3. Special case. The city has established chapter 38, division 380, to encourage the provision and development of affordable housing. Reductions in required parkland dedication are established in section 38.380.300. The reductions in parkland dedication to conform to division 38.380, may not reduce the development's parkland requirements below the minimum established by MCA 76-3-621. Section 15 That 38.540.050.A.1 of the Bozeman Municipal Code be amended as follows: A. The following minimum number of off-street, paved parking spaces for motor vehicles and bicycles must be provided and maintained by ownership, easement and/or lease for and during the life of the respective uses hereinafter set forth. When calculation of the required parking results in a fraction of a parking space being required, the fractional space is not required to be provided. 1. Residential uses. a. Minimum requirements. The number of spaces shown in Table 38.540.050-1 must be provided subject to the adjustments allowed in this subsection 1. Parking stalls required pursuant to the Americans with Disabilities Act or other similar federal or state law may be provided from the minimum number of required parking stalls. All site plans submitted for permit purposes must identify parking space 169 Ordinance No. 2105, Affordable Housing Ordinance - DRAFT Page 29 of 35 allocations. Fees may be charged by the landowner for the use of required parking spaces. (1) For projects submitted through a site plan or special use permit review process, one One parking space for each 24 uninterrupted linear feet of available street frontage usable for on-street parking directly adjacent to a lot may be deducted from the total parking spaces required for a development. The number of on-street spaces calculated may not exceed the number of dwellings on the lot. The width of drive accesses, designated non-parking areas, vision triangles, and similar circumstances may not be considered to be available for the purpose of on-street parking space. Table 38.540.050-1 Dwelling Types Parking Spaces Required per Dwelling Lodging house 0.75 spaces per person of approved capacity Efficiency unit 1.25 (1.0 in R-5) One-bedroom 1.5 (1.25 in R-5) Two-bedroom or more 2 (1.75 in R-5) Three-bedroom 3 (2.5 in R-5) Dwellings with more than three bedrooms 4 (3 in R-5) Group homes and community residential facilities 0.75 spaces per person of approved capacity1 Bed and breakfast 1 space/rental unit Manufactured home 2 All types of dwellings within the B-3 district 1 Group living /cooperative household/fraternity/sorority 1 space per resident1 Transitional and emergency housing 0.25 spaces per person of approved capacity1, 2 Additional services and facilities to serve non-residents must provide parking in accordance with Table 38.540.050-3. 1 A transitional and emergency housing facility, group home, group living, cooperative household, or community residential facility may request to provide fewer parking spaces if the applicant provides evidence that some or all residents are prohibited from operating motor vehicles. Under no condition may less than two parking spaces be provided. If the use of the facility is altered to serve a different population who may operate motor vehicles, then the additional required parking must be provided before the change in use may occur. 2 Additional services and facilities to serve non-residents must provide parking in accordance with this Table 38.540.050-3. 170 Ordinance No. 2105, Affordable Housing Ordinance - DRAFT Page 30 of 35 b. Adjustments to minimum requirements. (1) Affordable housing. When calculating the amount of required parking for affordable housing, as defined in section 38.700.020 of this chapter, if the project is guaranteed for use as affordable housing for a minimum period of 20 30 years and the use as affordable housing is subject to long term monitoring to ensure compliance and continued use as affordable housing, required parking spaces must be calculated based on number of bedrooms outlined in Table 38.540.050-1, but may not exceed 1.5two spaces per unit. (2) Residential uses in mixed-use projects. In order to utilize this section, the long term availability of the non-residential parking spaces upon which the use of this section was based must be ensured to the residents of the project. For the purpose of this section a building is considered mixed-use if the non-residential portion of the building is at least one-quarter of the gross square feet not used for parking. Residences in mixed-use buildings may count on-street parking per subsection 1.a.(1) of this section even if the area is subject to occupancy time limits. The use of this section does not preclude the use of other sections of this chapter which may have the effect of reducing the required amount of parking. When calculating the amount of required parking for residential uses within a mixed-use project the amount of parking may be reduced subject to Table 38.540.050-2. Table 38.540.050-2 Reduction Allowed Ratio of Required Non-residential to Required Residential Parking Spaces 50% Greater than 1:1 but less than 3:1 100% Equal to or greater than 3:1 (3) A car-sharing agreement meeting the criteria established by the community development director may be used to meet the required number of parking spaces. To use this option the development must have more than five dwelling units. Each vehicle provided through a car sharing agreement counts as required parking at a ratio of one dedicated car-share space to five standard spaces, up to a maximum of 50 percent of the total required residential parking. (4) Transit availability. A residential development subject to site plan review may take a ten percent reduction in required parking spaces where the development is within 800 feet of a developed and serviced transit stop. For the purpose of this subsection a transit stop is eligible when it has a shelter installed which meets the standards of and is approved by the transit provider, and service is provided on not less than an hourly schedule a minimum of five days per week. 171 Ordinance No. 2105, Affordable Housing Ordinance - DRAFT Page 31 of 35 Section 16 That 38.700.020, A definitions, of the Bozeman Municipal Code be amended to include terms as follows with all other elements remaining as presently written: Affordable Home. A residential dwelling unit for rent or purchase that a subdivider or developer has committed to making affordable as an affordable home at the AMI levels to qualify for the incentives in 38.380. Affordable housing. Housing for persons earning less than 65 percent of the area's annual median income for rental housing and 100 percent of the area's annual median income for purchased housing. Further, aAffordable housing does not require greater than 33 percent of the household gross annual median income for housing. Annual median income is defined by the Department of Housing and Urban Development. Section 17 That 38.700.050, D definitions, of the Bozeman Municipal Code be amended to include terms as follows: Developer. For purposes of division 38.380, a developer is the person or legal entity, or their successor(s) in interest who: (a) submits an affordable housing plan for a subject property along with other submissions required for land use approvals, annexation, zoning, or permit reviews by the city, or (b) is the owner of property subject to this division during the development phase or a successor in title, such as a builder or subsequent property owner, obligated to implement the affordable housing plan with respect to one or more lots or parcels of land or (c) receives incentives for the production of low income affordable housing. Section 18 That 38.700.090, H Definitions, of the Bozeman Municipal Code be amended as follows with all other elements to remain as presently written: Household. A. A person living alone, or any of the following groups living together as a single nonprofit housekeeping unit and sharing common living, sleeping, cooking and eating facilities: 1. Any number of people related by blood, marriage, adoption, guardianship or other duly-authorized custodial relationship; 2. Not more than four unrelated people; or 3. Two unrelated people and any children related to either of them. 172 Ordinance No. 2105, Affordable Housing Ordinance - DRAFT Page 32 of 35 4. Any group of persons authorized by the federal fair housing act to occupy an individual dwelling as a single housekeeping unit. 5. Persons or groups granted a request for a reasonable accommodation to reside as a single housekeeping unit pursuant to section 38.35.090. 6 5. "Household" does not include: a. Any society, club, fraternity, sorority, association, lodge, combine, federation, coterie, cooperative housing or like organization; b. Any group of individuals whose association is temporary or seasonal in nature; c. Any group of individuals who are in a group living arrangement as a result of criminal offenses; or d. Any group of individuals living in a structure permitted as transitional or emergency housing pursuant to this chapter. Section 19 That 38.700.170, S Definitions, of the Bozeman Municipal Code be amended as follows with all other elements to remain as presently written: Street types. For the purposes of these regulations, street types are defined as follows: 1. Alley. A street used primarily for vehicular access to the rear of properties which abut and are served by public or private streets. 2. Arterial. A street or road having the primary function of moving traffic with emphasis on a high level of mobility for through movement and the secondary function of providing limited access to adjacent land. Arterial streets are generally designated in the city transportation plan, however, streets not depicted in the city transportation plan may be designated as arterials by the review authority specified in section 38.200.010. a. Principal arterial. Serves the major centers of activity, the highest traffic volume corridors, and the longest trip distances in an urbanized area. This group of streets carries the highest proportion of the total traffic within the urban area with typical loads of 10,000 to 35,000 vehicles per day. Most of the vehicles entering and leaving the urban area, as well as most through traffic bypassing the central business district, utilize principal arterials. Significant intra-area travel, such as between central business districts and outlying residential areas, and between major suburban centers, are served by major arterials. 173 Ordinance No. 2105, Affordable Housing Ordinance - DRAFT Page 33 of 35 b. Minor arterial. Interconnects with and augments the urban principal arterial system. It accommodates trips of moderate length and at a somewhat lower level of travel mobility than principal arterials, and it distributes travel to smaller geographic areas. With an emphasis on traffic mobility, this street network includes all arterials not classified as principal arterials while providing access to adjacent lands. Minor arterials typically carry 5,000 to 15,000 vehicles per day. 3. Collector. A street or road that provides equal priority to the movement of traffic, and to the access of residential, business and industrial areas. This type of roadway differs from those of the arterial system in that the facilities on the collector system may traverse residential neighborhoods. The system distributes trips from the arterials to ultimate destinations. The collector streets also collect traffic from local streets in the residential neighborhoods, channeling it into the arterial system. Collectors typically carry 2,000 to 10,000 vehicles per day. Collector streets are typically designated in the city transportation plan, however, additional streets may be designated as collectors by the review authority specified in section 38.200.010. 4. Cul-de-sac. A street having only one outlet for vehicular traffic and terminating in a turnaround area. 5. Dead-end street. A street having only one outlet for vehicular traffic. 6. Half-street. A portion of the width of a street, usually along the outside perimeter of a subdivision, where the remaining portion of the street must be located on adjacent property. 7. Local streets. A street having the primary purpose of permitting access to abutting lands and connections to higher systems. Generally, service to higher speed traffic movements are intentionally discouraged. They typically carry 1,000 to 3,000 vehicles per day but can carry in excess of 6,000. 8. Loop. A local street which begins and ends on the same street, generally used for access to properties and to control traffic access to arterials or collectors. 9. Yield Street. A local street with reduced right of way and unique design features to address close proximity of motor vehicle and other forms of travel. Section 20 174 Ordinance No. 2105, Affordable Housing Ordinance - DRAFT Page 34 of 35 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 21 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 22 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 23 Codification. This Ordinance shall be codified as appropriate in Sections 2 – 19. Section 24 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the _____ day of ________________, 2022. 175 Ordinance No. 2105, Affordable Housing Ordinance - DRAFT Page 35 of 35 ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of ____________________, 2022. The effective date of this ordinance is __________, __, 2022. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 176 Revisions to the Unified Development Code updated affordable housing standards. What? The City of Bozeman continuously evaluates its regulations to more effectively address issues like housing supply and affordability. Last year, Bozeman hired a consultant to look over its land development regulations and identify possible barriers to creating affordable homes in the community and respond to state law changes. The review included multiple public meetings and other opportunities to learn from the community. You can view the full report from the project in the Documents section on the Code Audit web page. The report outlines recommended changes to city regulations for City Commission to consider. The City proposes to change various regulations as a result of that evaluation. 1. Repeal Division 38.380, Affordable Housing, in its entirety. Replace with a new Division 38.380, Affordable Housing. This change is required to align city regulations with recent changes in state law that prohibited local governments from requiring new developments to include affordable housing. The new wording describes how and when incentives can be used to encourage rather than require affordable housing in new developments. It also outlines how the program is administered, and what incentives are provided. Incentives are applicable to both rental and purchase housing. Incentives include, but are not limited to, more permissive form and intensity standards such as building height and lot sizes, parking, and concurrent construction of homes and infrastructure. 2. Remove old code wording about affordable housing throughout Chapter 38, Unified Development Code. 3. Revise requirements for residential uses to align with the new 38.380, and reduce parking requirements for all residential districts. All incentives are now located in the new text of 38.380. 4. Amend required lot area for some types of dwellings in a development to require less land, Table 38.320.030.A. 5. Create new standards for transitioning building height to lessen visual effects for developments that use height incentives under the new division 38.380, Section 38.320.060. 6. Remove requirement for owner occupancy for accessory dwellings in the residential suburban and residential low density zoning districts, Table 38.360.040. 7. Amend required parking standards for residential uses to require fewer parking spaces per home, Table 38.540.050 8. Amend several definitions in Division 38.700 to conform to the proposed amendments. Why? State law has restricted local governments’ ability to require the creation of affordable housing. These code changes bring local regulations into compliance with state law. As a result, communities must now use incentives to encourage developers to building affordable housing rather than requiring that they do so. 177 The complete text of the proposal, and other related information such as meeting dates, is available through the Department Community Development, 20 E Olive Street, Bozeman MT 59715; 406-582- 2260, and online under the Division 38.380 Amendments section. The proposal may change as the public review process proceeds. Who Decides? The City’s Economic Vitality Board and Community Development Board will consider and discuss these changes and will provide a recommendation to the City Commission. At the City Commission’s public hearing the City Commission may act to approve, modify, or reject the proposal or continue the public hearing to another date. The City Commission may change any of the proposed wording in this project during the public hearing process. How can I weigh in? There will be two public hearings, on Monday, August 1, 2022 at 6:00 p.m., before the Community Development Board and on Tuesday, August 23, 2022 at 6:00 p.m., before City Commission. Both meetings will be at City Hall at 121 N Rouse at 6 pm. The city encourages anyone to review the new rules and let us know what you think. You can tell us your thoughts at the public hearings or in writing. Written comments may be submitted before the public hearings to the City Clerk, P.O. Box 1230, Bozeman, MT 59771-1230. Comments may also be emailed to agenda@bozeman.net. Please reference Ordinance 2105 in all comments. If you would like accommodations for disabilities, please contact Mike Gray, City of Bozeman ADA Coordinator, 582-3232 (voice), 582-3203 (TDD). 178 Memorandum REPORT TO:Community Development Board FROM:Chris Saunders, Community Development Manager Anna Bentley, Community Development Interim Director SUBJECT:Heritage Christian School Zone Map Amendment to Establish an Initial Zoning of R-3, Residential Medium Density, on Approximately 13 Acres at 4310 Durston Road, Application 22170 MEETING DATE:August 1, 2022 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:Recommended Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 22170 and move to recommend approval of the Heritage Christian School Annexation Zone Map Amendment, with contingencies required to complete the application 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:A request to zone property in conjunction with annexation. See the attached staff report for further information. Application materials available at https://weblink.bozeman.net/WebLink/Browse.aspx?startid=262078&cr=1. UNRESOLVED ISSUES:None. ALTERNATIVES:See attached staff report. FISCAL EFFECTS:None Attachments: 22170 HCS Annx-ZMA CC SR.pdf Report compiled on: July 28, 2022 179 Page 1 of 27 22170 Staff Report for the Heritage Christian School Annexation and Zone Map Amendment Public Hearing Dates: Zoning Commission – August 1, 2022 City Commission – August 16, 2022. Project Description: Annexation application 22170 requesting annexation of approximately 13 acres and amendment to the City Zoning Map for the establishment of a zoning designation of R3 (Residential Moderate Density District). Project Location: 4310 Durston Road Recommendation: Meets standards for approval with terms of annexation and contingencies. Recommended Zoning Commission Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 22170 and move to recommend approval of the Heritage Christian School Annexation Zone Map Amendment, with contingencies required to complete the application processing. Recommended City Commission Annexation Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 22170 and move to the Heritage Christian School Annexation subject to the terms of annexation and direct staff to prepare an annexation agreement. Recommended City Commission Zoning Motion: Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 22170 and move to approve the Heritage Christian School Zone Map Amendment with contingencies of approval necessary to complete adoption of an implementing ordinance. Report: July 26, 2022 Staff Contact: Chris Saunders, Community Development Manager Lance Lehigh, Interim City Engineer Agenda Item Type: Action - Legislative 180 Staff Report for the Heritage Christian School Annexation and Zone Map Amendment, Application 22170 Page 2 of 27 EXECUTIVE SUMMARY This report is based on the application materials submitted and public comment received to date. This report addresses both the zoning amendment for Zoning Commission as well as the annexation and the zoning amendment for the City Commission. Application materials available at https://weblink.bozeman.net/WebLink/Browse.aspx?startid=262078&cr=1. Unresolved Issues There are no identified conflicts on this application at this time. Project Summary The applicant and property owners seek to annex one parcel into the City limits and establish initial zoning of R3, Residential Emphasis Mixed-Use district. The property is wholly surrounded by the City. Adjacent municipal zoning to the east, west, and south is R3 and R2 to the north. Future Land Use Map in the Bozeman Community Plan (BCP) 2020 designates the property as “Urban Neighborhood.” The property is the long time site of a private school. Community Development Board The Community Development Board acting in their capacity as the Zoning Commission has not yet conducted their public hearing. Alternatives 1. Approve the application; 2. Approve modifications to the requested zoning; 3. Deny the application based on findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 2 Unresolved Issues ............................................................................................................... 2 Project Summary ................................................................................................................. 2 Community Development Board ........................................................................................ 2 181 Staff Report for the Heritage Christian School Annexation and Zone Map Amendment, Application 22170 Page 3 of 27 Alternatives ......................................................................................................................... 2 SECTION 1 - MAP SERIES: ................................................................................................... 4 SECTION 2 - RECOMMENDED TERMS OF ANNEXATION ............................................ 7 SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT ..... 9 SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 10 Annexation ........................................................................................................................ 10 Zone Map Amendment ..................................................................................................... 10 SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS ................................ 10 SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ........... 16 Spot Zoning Criteria ......................................................................................................... 23 PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 24 APPENDIX A - NOTICING AND PUBLIC COMMENT .................................................... 24 APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 25 APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF ............................ 27 FISCAL EFFECTS ................................................................................................................. 27 ATTACHMENTS ................................................................................................................... 27 182 Staff Report for the Heritage Christian School Annexation and Zone Map Amendment, Application 22170 Page 4 of 27 SECTION 1 - MAP SERIES: Map 1: Project Vicinity Map 183 Staff Report for the Heritage Christian School Annexation and Zone Map Amendment, Application 22170 Page 5 of 27 Map 2: BCP 2020 Future Land Use Map 184 Staff Report for the Heritage Christian School Annexation and Zone Map Amendment, Application 22170 Page 6 of 27 Map 3: Existing City Zoning 185 Staff Report for the Heritage Christian School Annexation and Zone Map Amendment, Application 22170 Page 7 of 27 SECTION 2 - RECOMMENDED TERMS OF ANNEXATION The following terms of annexation are recommended to enable the application to comply with the City’s Annexation Policy and the requirements of state law for the provision of services. Recommended terms of annexation: 1. The documents and exhibits to formally annex the subject property must be identified as the Heritage Christian School Annexation. 2. All procedural terms necessary to establish the Annexation Agreement in conformance with state law and municipal practice will be included with the final Annexation Agreement. 3. The applicant must execute all contingencies and terms of said Annexation Agreement with the City of Bozeman within 60 days of the distribution of the annexation agreement from the City to the applicant or annexation approval shall be null and void. 4. The Annexation Agreement must include the following notices: a. The Annexation Agreement must include notice that, prior to development, the applicant will be responsible for preparing a storm water master plan in conjunction with future development. The storm water master plan shall address maintenance and operations until and unless the City affirmatively assumes responsibility for maintenance and operations of stormwater facilities within the area of the annexation. b. The Annexation Agreement must include notice the City will, upon annexation, make available to the Property existing City services only to the extent currently available, or as provided in the Agreement. c. The Annexation Agreement must include notice that, in conjunction with future final development approval, the applicant will be responsible for transfer of water rights or a payment in lieu as required by the Bozeman Municipal Code. d. The Annexation Agreement must include notice that there is no right, either granted or implied, for Landowner to further develop any of the Property until it is verified by the City that the necessary municipal services are available to the property. e. The Annexation Agreement must include notice that, in conjunction with development, the applicant will be responsible for installing any facilities required to provide full municipal services to the properties in accordance with the City of Bozeman's infrastructure master plans and all City policies that may be in effect at the time of development. f. The Annexation Agreement must include notice that utility easements may be required to be provided by the landowner at the time of development to ensure necessary municipal services are available to the property. 186 Staff Report for the Heritage Christian School Annexation and Zone Map Amendment, Application 22170 Page 8 of 27 g. The Annexation Agreement must include notice that charges and assessments are required after completion of annexation to ensure necessary municipal services are available to the property. h. The Annexation Agreement must include notice that the City will assess system development and impact fees in accordance with Montana law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code. i. The land owners and their successors must pay all fire, street, water and sewer impact fees at the time of connection; and for future development, as required by Chapter 2, Bozeman Municipal Code, or as amended at the time of application for any permit listed therein. 5. If they do not already exist the applicant must provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SIDs) for the following as part of the Annexation Agreement: a. Street improvements to Durston Road between 150 feet east of the intersection with Ferguson Avenue and 150 feet west of the intersection with Cottonwood Road including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage., b. Intersection improvements at Durston Road and Ferguson Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. c. Intersection improvements at Durston Road and Cottonwood Road including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of the improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. The applicant must provide a copy of the SID waiver in conjunction with the Annexation Agreement. 6. The applicant must properly abandon the existing on-site septic tank and leach field prior to connection to the City sanitary sewer system. The abandonment of the septic system and connection to the sanitary sewer system must be completed by August 15th, 2023. If the system fails prior to August 15th, 2023, the applicant must abandon the system and connect to the City's sanitary sewer system. The following requirements must be outline within the annexation agreement and completed with the abandonment of the septic system: The applicant must report the abandonment to the City Water and Sewer Superintendent for inspection, and the applicant must report the abandonment to the Gallatin City County Health Department. In addition to abandonment of the septic tank and leach field, the applicant must 187 Staff Report for the Heritage Christian School Annexation and Zone Map Amendment, Application 22170 Page 9 of 27 demonstrate that the sanitary sewer service to the septic tank has been completely disconnected from the old septic system prior to connection to the City sanitary sewer system. 7. The subject property currently has two (2) wells. Well number one is considered non domestic and is used for irrigating the property. Well number two is an active public water supply well that supplies domestic water to the school. The well is registered as a Public Water Supply with the Montana Department of Environmental Quality (Water System #MT0003518), which is maintained by Heritage Christian School. The applicant has requested to continue to utilize both wells in the same historic manner and forgo connecting the subject property to the City's potable water system. The City has reviewed the applicants request and will allow the subject property to continue utilizing the existing wells. The annexation application must contain a section relating to the continued use of the existing wells, maintenance responsibilities, and any future requirements for the subject property to connect (such as regulatory changes, failure to maintain the system's DEQ permit and compliance, etc.). 8. Service Meter (Wastewater Rates and Charges). The applicant will need to install a standard municipal meter on the domestic water supply well in order for the City to determine the amount of wastewater being discharged into the City's sanitary sewer collection system. The wastewater service connection and meter will need to be designed to satisfy BMC standards. Section 5 of the BMC outlines the process for determining sewage disposal rates and changes. Prior to connecting to the City's sanitary sewer system the meter and associated components must be formally reviewed and approved by the City. The annexation agreement must have a section discussing the meter requirement, specifics associated with connection, and future maintenance responsibilities of the system SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT Please note that these contingencies are necessary for the City to complete the process of the proposed amendment. These contingencies only apply in the event that the related annexation request has previously been approved. Recommended Contingencies of Approval: 1. That all documents and exhibits necessary to establish the amended municipal zoning designation of Residential Emphasis Mixed use shall be identified as the Heritage Christian School Annexation Zone Map Amendment. 2. All required materials shall be provided to the Department of Community Development within 60 days of a favorable action of the City Commission or any approval shall be null and void. 188 Staff Report for the Heritage Christian School Annexation and Zone Map Amendment, Application 22170 Page 10 of 27 SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS Annexation Having considered the criteria established for an annexation, the Development Review Committee (DRC) recommends approval of the requested annexation. The City Commission will hold a public meeting on the annexation on August 16, 2022. The meeting will begin at 6 p.m. Instructions on joining the meeting will be included on the meeting agenda. Zone Map Amendment Having considered the criteria established for a zone map amendment, the Staff recommends approval as submitted. The Zone Map Amendment (ZMA) is in conjunction with an annexation request. Staff’s recommendation and staff responses are predicated on approval of the annexation, application 22170. The Development Review Committee (DRC) considered the amendment. The DRC did not identify any infrastructure or regulatory constraints that would impede the approval of the application. The Zoning Commission will hold a public hearing on this ZMA on August 1, 2022 and will forward a recommendation to the Commission on the Zone Map amendment. The City Commission will hold a public hearing on the zone map amendment on August 16, 2022. The meeting will begin at 6 p.m. Instructions on joining the meeting will be included on the meeting agenda. SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS In considering applications for approval of the requested annexation, the advisory boards and City Commission shall consider the following: Commission Resolution No. 5076 Criteria Commission Resolution No. 5076 Goals Goal 1: The City of Bozeman encourages annexations of land contiguous to the City. Criterion Met. The property in question is contiguous to the City limits on all sides. Goal 2: The City encourages all areas that are totally surrounded by the City to annex. Criterion Met. The property in question is totally surrounded. 189 Staff Report for the Heritage Christian School Annexation and Zone Map Amendment, Application 22170 Page 11 of 27 Goal 3: The City encourages all properties currently contracting with the City for City services such as water, sanitary sewer, and/or fire protection to annex. Neutral. The subject property is not currently contracting with the City for water, sewer or fire protection services. Existing development will be required to connect with City services for sewer systems on a schedule established in the annexation agreement. Goal 4: The City of Bozeman requires annexation of all land proposed for development lying within the existing and planned service area of the municipal water and sewer systems as depicted in their respective facility plans, any land proposed for development that proposes to utilize municipal water or sewer systems. Criterion Met. The subject property lies within the planned service area of the municipal water and sewer services. No new development is proposed at this time but applicant has express an intent to expand in the future. Goal 5: The City encourages annexations within the urban area identified on the future land use map in the current Bozeman Growth Policy. Criterion Met. As shown in Section 1, the subject property is planned as ‘Urban Neighborhood’ and is within the urban area of the growth policy. See the discussion under Criterion A of Section 6 of the report for more information on the growth policy. Goal 6: The City of Bozeman encourages annexations to make the City boundaries more regular rather than creating irregular extensions which leave unannexed gaps between annexed areas or islands of annexed or unannexed land. Criterion Met. The proposed annexation will close a gap in the city which will make the boundaries more regular. No gaps or irregular extension will be created. Goal 7: The City of Bozeman encourages annexations which will enhance the existing traffic circulation system or provide for circulation systems that do not exist at the present time. Neutral. The subject property is wholly surrounded. It is served by Durston Road. The necessary right of way for Durston Road is already held by the public. No additional circulation system is expected in this area in the future. Goal 8: The City prefers annexation of parcels of land larger than five (5) acres in size, but will allow annexation of smaller parcels if factors such as topographic limitations, 190 Staff Report for the Heritage Christian School Annexation and Zone Map Amendment, Application 22170 Page 12 of 27 sanitary disposal needs, fire access, maintenance of public facilities, etc., justify a smaller annexation. Criterion Met. The subject property is approximately 13 acres. Goal 9: The City seeks to obtain water rights adequate for future development of the property with annexation. Criterion Met. After annexation, the subject property will be bound to the provisions of 38.410.130 which requires evaluation of water adequacy and provision of water if needed at time of development. The municipal code section requires water rights or an equivalent to be provided. Exact timing and amounts will be evaluated during development review. There are several methods to address the requirements of 38.410.130. The annexation agreement will provide notice of this requirement, see Terms of Annexation. The landowner will consent to this requirement by signature on the annexation agreement. The landowner has two wells on-site. One well is used for irrigation and will continue to be used for irrigation. This lessens demand on municipal services and reduces water rights required. The other well supports a public water system overseen by the state. The applicant wishes to continue use of the public water system after annexation. Staff has discussed the request and is willing to support the continued use with some contingencies to address circumstances under which connection to the City water system is required. Until the site connects to the water system no water rights are required. Goal 10: The City of Bozeman encourages annexations for City provision of clean treated water and sanitary sewer. Criterion Met. The subject property is located within the City’s planned water and sewer service area. See Goal 4 above. The Annexation Agreement required to finalize the annexation requires the applicant to design extensions of services to meet the City’s adopted infrastructure standards. These include provisions for minimum water pressure and volumes, adequate sewer flows by volume, gravity flow of sewers, and other standards necessary to protect public health and safety and ensure functional utilities. This work will occur at appropriate future times. Resolution No. 5076 Policies Policy 1: Annexations must include dedication of all easements for rights-of-way for collector and arterial streets, adjacent local streets, public water, sanitary sewer, or storm or sewer mains, and Class I public trails not within the right of way for arterial or collector streets. Annexations must also include waivers of right to protest the 191 Staff Report for the Heritage Christian School Annexation and Zone Map Amendment, Application 22170 Page 13 of 27 creation of special or improvement districts necessary to provide the essential services for future development of the City. Criterion Met. No additional right of way is required. Terms of annexation include three waivers for street improvements in the future. No CIP scheduled work will be affected by the waivers. Policy 2: Issues pertaining to master planning and zoning must be addressed prior to or in conjunction with the application for annexation. Criterion Met. The subject property is planned for Urban Neighborhood. No change to the growth policy is required. The application includes a request for initial zoning of R3. See the zone map amendment section of this report for analysis of the zone map amendment criteria. Policy 3: The application for annexation must be in conformance with the current Bozeman Growth Policy. If a Growth Policy Amendment is necessary to accommodate anticipated uses, the amendment process must be initiated by the property owner and completed prior to any action for approval of the application for annexation. Criterion Met. The property is designated “Urban Neighborhood” on the future land use map. No growth policy amendment is required. See discussion under zone map amendment Criterion A. Policy 4: Initial zoning classification of the property to be annexed will be determined by the City Commission, in compliance with the Bozeman Growth Policy and upon a recommendation of the City Zoning Commission, simultaneously with review of the annexation petition. The City Zoning Commission will review the requested zoning district designation on August 1, 2022. The Zoning Commission’s recommendation will be passed along to the City Commission for review and consideration along with the annexation request on August 16, 2022. Policy 5: The applicant must indicate their preferred zoning classification as part of the annexation petition. Criterion Met. The applicant has requested a zoning designation of R3, Residential Medium Density district. See Section 6 of this report for analysis of the requested zoning. Policy 6: Fees for annexation processing will be established by the City Commission. Criterion Met. The appropriate application processing and review fees accompanied the application. Policy 7: It is the policy of the City that annexations will not be approved where unpaved county roads will be the most commonly used route to gain access to the 192 Staff Report for the Heritage Christian School Annexation and Zone Map Amendment, Application 22170 Page 14 of 27 property unless the landowner proposes a method to provide for construction of the road to the City’s street standards. Criterion Met. The subject property is accessed by Durston Road which is paved to City standards. Policy 8: Prior to annexation of property, the City will require the property owner to acquire adequate and usable water rights, or an appropriate fee in lieu thereof, in accordance with Section 38.410.130 of the municipal code, as amended. Criterion Met. See discussion under Goal 9. Satisfaction of this requirement will occur with future development if connection to municipal services is required. The annexation agreement will address this requirement Policy 9: Infrastructure and emergency services for an area proposed for annexation will be reviewed for the health, safety and welfare of the public and conformance with the City’s adopted facility plans. If the City determines adequate services cannot be provided to ensure public health, safety and welfare, the City may require the property owner to provide a written plan for accommodation of these services, or the City may reject the petition for annexation. Additionally, the parcel to be annexed may only be provided sanitary sewer service via the applicable drainage basin defined in the City Wastewater Collection Facilities Plan. Criterion Met. City infrastructure and emergency services are available to the subject property. The property is located adjacent to existing urban development that is currently served by Bozeman Fire and Police Departments. The property is located in the City’s water and sewer service areas. Expansion of municipal utility facilities to serve the development will occur during the development process. As noted above, the annexation agreement will require future development to meet municipal standards. Policy 10: The City may require annexation of any contiguous property for which city services are requested or for which city services are currently being provided. In addition, any person, firm, or corporation receiving water or sewer service outside of the City limits is required as a condition of initiating or continuing such service, to consent to annexation of the property serviced by the City. The City Manager may enter into an agreement with a property owner for connection to the City’s sanitary sewer or water system in an emergency conditioned upon the submittal by the property owner of a petition for annexation and filing of a notice of consent to annexation with the Gallatin County Clerk and Recorder’s Office. The contract for connection to city sewer and/or water must require the property owner to annex or consent to disconnection of the services. Connection for purposes of obtaining City sewer services in an emergency requires, when feasible as determined by the City, the connection to City water services. 193 Staff Report for the Heritage Christian School Annexation and Zone Map Amendment, Application 22170 Page 15 of 27 Criterion Met. City services are not currently being provided to this property. This annexation is not a result of an emergency condition requiring connection. Policy 11: The annexation application shall be accompanied by mapping to meet the requirements of the Director of Public Works. Where an area to be annexed can be entirely described by reference to a certificate of survey or subdivision plat on file with the Gallatin County Clerk and Recorder the mapping may be waived by the Director of Public Works. Neutral. The parcel may be described by reference to a recorded Certificate of Survey. No map is required to describe the annexation area. Policy 12: The City will assess system development/ impact fees in accordance with Montana law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code. Neutral. The annexation does not require immediate payment of fees. The annexation agreement will provide notice of obligations to pay impact fees at times of triggers as required in ordinance. Policy 13: Public notice requirements: Notice for annexation of property must be coordinated with the required notice for the zone map amendment required with all annexation. The zone map amendment notice must contain the materials required by 38.220.410, BMC. Notices of the public hearing have been mailed, published in the Bozeman Daily Chronicle twice, and posted on the site as required. See Appendix A for more details. Policy 14: Annexation agreements must be executed and returned to the City within 60 days of distribution of the annexation agreement by the City, unless another time is specifically identified by the City Commission. Criterion Met. This policy will be implemented only if the Commission acts to grant approval. If the application is denied then no annexation agreement will be necessary. Policy 15: When possible, the use of Part 46 annexations is preferred. Criterion Met. This annexation is being processed under Part 46 provisions. Policy 16: Where a road improvement district has been created, the annexation does not repeal the creation of the district. The City will not assume operations of the district until the entirety of the district has been annexed. Any funds held in trust for the district will be used to benefit the district after transfer to the City. Inclusion within a district does not lessen the obligation to participate in general city programs that address the same subject. Neutral. No road improvement district is associated with this application. 194 Staff Report for the Heritage Christian School Annexation and Zone Map Amendment, Application 22170 Page 16 of 27 Policy 17: The City will notify the Gallatin County Planning Department and Fire District providing service to the area of applications for annexation. Criterion Met. The necessary agencies were notified and provided copies of the annexation and zoning application information. Policy 18: The City will require connection to and use of all City services upon development of annexed properties. The City may establish a fixed time frame for connection to municipal utilities. Upon development, unless otherwise approved by the City, septic systems must be properly abandoned and the development connected to the City sanitary sewer system. Upon development, unless otherwise approved by the City, water wells on the subject property may be used for irrigation, but any potable uses must be supplied from the City water distribution system and any wells disconnected from structures. The property owner must contact the City Water and Sewer Superintendent to verify disconnects of wells and septic systems. Criterion Met. There is a specific time frame for connection to the municipal sewer system in the proposed terms of annexation. As noted above, the site has an existing public water system using a well. The applicant wishes to keep that system in use. Staff is agreeable to that request due to the ongoing state oversight of the public water system. Terms of annexation contain direction that the annexation agreement include provisions for future connection to the municipal water system should it become necessary for domestic service or fire service. SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications for plan approval under this title, the advisory boards and City Commission must consider the following criteria (letters A-K). As an amendment is a legislative action, the Commission has broad latitude to determine a policy direction. The burden of proof that the application should be approved lies with the applicant. A zone map amendment must be in accordance with the growth policy (criteria A) and be designed to secure safety from fire and other dangers (criteria B), promote public health, public safety, and general welfare (criteria C), and facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a zone map amendment the Commission must find Criteria A-D are met. In addition, the Commission must also consider criteria E-K, and may find the zone map amendment to be positive, neutral, or negative with regards to these criteria. To approve the zone map amendment, the Commission must find the positive outcomes of the amendment outweigh negative outcomes for criteria E-K. 195 Staff Report for the Heritage Christian School Annexation and Zone Map Amendment, Application 22170 Page 17 of 27 In determining whether the criteria are met, Staff considers the entire body of plans and regulations for land development. Standards which prevent or mitigated negative impacts are incorporated throughout the entire municipal code but are principally in Chapter 38, Unified Development Code. Section 76-2-304, MCA (Zoning) Criteria A. Be in accordance with a growth policy. Criterion Met. The Bozeman Community Plan (BCP) 2020, Chapter 5, p. 73, in the section titled Review Criteria for Zoning Amendments and Their Application, discusses how the various criteria in 76-2-304 MCA are applied locally. Application of the criteria varies depending on whether an amendment is for the zoning map or for the text of Chapter 38, BMC. The first criterion for a zoning amendment is accordance with a growth policy. Future Land Use Map The proposed amendment is a change to the zoning map. Therefore, it is necessary to analyze compliance with the future land use map. Chapter 3 of the BCP 2020 addresses the future land use map. The introduction to that chapter discusses the importance of the chapter. Following are some excerpts. “Future land use is the community’s fundamental building block. It is an illustration of the City’s desired outcome to accommodate the complex and diverse needs of its residents.” “The land use map sets generalized expectations for what goes where in the community. Each category has its own descriptions. Understanding the future land use map is not possible without understanding the category descriptions.” The area of this application is within the anticipated growth area of the City. As shown on the maps in Section 1, on the excerpt of the current future land use map, the property is designated as Urban Neighborhood. The Urban Neighborhood designation description reads: “This category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single type of housing are discouraged. In limited instances, an area may develop at a lower gross density due to site constraints and/or natural features such as floodplains or steep slopes. Complementary uses such as parks, home-based occupations, fire stations, churches, schools, and some neighborhood-serving commerce provide activity centers for community gathering and services. The Urban Neighborhood designation indicates that development is expected to occur within municipal boundaries. This may require annexation prior to development. Applying a zoning district to specific parcels sets the required and allowed density. Higher density residential areas are encouraged to be, but are not required or 196 Staff Report for the Heritage Christian School Annexation and Zone Map Amendment, Application 22170 Page 18 of 27 restricted to, proximity to commercial mixed use areas to facilitate the provision of services and employment opportunities without requiring the use of a car.” The correlation between the future land use map of the growth policy and the zoning districts is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the following Correlation with Zoning Table excerpt, the R3 district is an implementing district of the Urban Neighborhood category. Goals and Policies A zoning amendment is also evaluated against the goals and policies of the BCP 2020. Most of the goals and policies are not applicable to this application. Relevant goals and objectives have been identified by staff. Conflict with the text of the growth policy hasn’t been identified. RC-3.4 Encourage annexation of land adjacent to the City prior to development and encourage annexation of wholly surrounded areas. Goal DCD-1: Support urban development within the City. The proposed zoning is occurring in conjunction with an annexation. Any future development will be required to occur at urban densities and will be within the City. If the City Commission declines the annexation then the requested R3 zoning will not occur. DCD-1.11 Pursue annexations consistent with the future land use map and adopted facility plans for development at urban intensity. The proposed zoning is consistent with the future land use map and is within the current facilities plans for transportation, water, and sewer. The three facility plans identify necessary improvements to support urban development on the site. Construction of necessary improvements is required as part of the development approval process. RC-3.3 Prioritize annexations that enable the incremental expansion of the City and its utilities. The property in question is contiguous to the City limits on the east. It adds approximately 13 acres to the City limits that is available for urban development. The annexation and zoning incrementally closes a hole in the City jurisdiction. 197 Staff Report for the Heritage Christian School Annexation and Zone Map Amendment, Application 22170 Page 19 of 27 B. Secure safety from fire and other dangers. Criterion Met. The property is not within any delineated floodplain nor does it have other known natural hazards. Upon annexation the subject property will be provided with City emergency services including police, fire and ambulance. The City provides emergency services to adjacent properties and no obstacles have been identified in extending service to this parcel. C. Promote public health, public safety, and general welfare. Criterion Met. The proposed zoning designation will promote general welfare by implementing the future land use map and identified policies in the BCP 2020. Public health and safety will be positively affected by requiring the existing development to connect to municipal sanitary sewer, which will prevent groundwater pollution and depletion by wells and septic systems. Development and redevelopment must be in accordance with modern building, access, stormwater, pedestrian circulation, ingress and egress to the site, and full connection to the greater transportation network for users ensuring the promotion of public health, safety and general welfare. D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. Criterion Met. This standard does not require infrastructure prior to zoning adoption. It does require that the zoning “facilitate the provision” of named infrastructure. This property is included in future planning areas for transportation, parks, sewer, and water. The City conducts extensive planning for municipal transportation, water, sewer, parks, and other facilities and services provided by the City. The adopted plans allow the City to consider existing conditions and identify enhancements needed to provide additional service needed by new development. The City implements these plans through its capital improvements program that identifies individual projects, project construction scheduling, and financing of construction. The City’s infrastructure plans show the necessary water, sewer, and streets can be provided for this site. In conjunction with any future development proposal specific analysis of additional demand from that development will be required and impacts must be mitigated. A large share of Chapters 38 and 40 of the municipal code and the state Subdivision and Platting Act are focused on ensuring provision of adequate infrastructure and services concurrently with development. The annexation agreement associated with this project will contractually bind the current and future landowners to conform to municipal standards for infrastructure. See Section 5 above. As stated in 38.300.020.C, the designation of a zoning district does not guarantee approval of new development until the City verifies the availability of needed infrastructure. All zoning 198 Staff Report for the Heritage Christian School Annexation and Zone Map Amendment, Application 22170 Page 20 of 27 districts in Bozeman enable a wide range of uses and intensities. At time of future subdivision or site plan review the need for individual services can be more precisely determined. No subdivision or site plan is approved without demonstration of adequate capacity. 38.300.020.C, “Placement of any given zoning district on an area depicted on the zoning map indicates a judgment on the part of the city that the range of uses allowed within that district are generally acceptable in that location. It is not a guarantee of approval for any given use prior to the completion of the appropriate review procedure and compliance with all of the applicable requirements and development standards of this chapter and other applicable policies, laws and ordinances. It is also not a guarantee of immediate infrastructure availability or a commitment on the part of the city to bear the cost of extending services.” See also comments under Criterion C. All future construction must extend services in conjunction with subdivision and site development. Those extensions must meet current standards and will advance this standard. E. Reasonable provision of adequate light and air. Criterion Met. The R3 zoning designation has requirements for setbacks, height, and lot coverage which provide for the reasonable provision of adequate light and air. Any future development of the property will be required to conform to City standards for setbacks, height, lot coverage, and buffering. The criterion is not about personal preferences but about protection of public health and safety. The adopted standards address protection of public health and safety. In addition to the zoning standards, adopted building codes contain more detailed requirements for air circulation, window placement, and building separation that further ensure the intent of this criterion is satisfied. R3 is the same district as the zoning on three sides of the property. It has been determined that R3 in this area addresses this criterion. F. The effect on motorized and non-motorized transportation systems. Criterion Met. The proposed zoning will allow for a higher density of use than is currently allowed under Gallatin County zoning of Residential Suburban. R3 allows for smaller setbacks and taller buildings. Durston Road is the access to the site and is already developed as a minor arterial including paving and sidewalks. The site already hosts a private school that has been present for many years. Annexation and zoning of R3 will not change the existing demand for transportation. Evaluation of impacts from future development will occur at with those applications. The site has a Walk Score of 14, no known Transit score, and Bike Score of 33. Average walk score for the city as a whole is 47 out of 100. These values are provided by Walk Score, a private organization which presents information on real estate and transportation through walkscore.com. The algorithm which produces these numbers is proprietary. A score is not 199 Staff Report for the Heritage Christian School Annexation and Zone Map Amendment, Application 22170 Page 21 of 27 an indication of safety or continuity of services or routes. Scores are influenced by proximity of housing, transit, and services and expected ability, as determined by the algorithm, to meet basic needs without using a car. Sites located on the edge of the community have lower scores than those in the center of the community as the area is still under development and therefore diversity of uses is less than in fully established areas. There are no adopted development standards relating to the walk score. G. Promotion of compatible urban growth. Criterion Met. The intent of the R-3 residential medium density district is to provide for the development of one- to five-household residential structures near service facilities within the city. This purpose is accomplished by: 1.Providing for minimum lot sizes in developed areas consistent with the established development patterns while providing greater flexibility for clustering lots and mixing housing types in newly developed areas. 2.Providing for a variety of housing types, including single household dwellings, two to four household dwellings, and townhouses to serve the varied needs of households of different size, age and character, while reducing the adverse effect of non-residential uses. Use of this zone is appropriate for areas with good access to parks, community services and/or transit. In addition, the proposed zoning is in accordance with the Bozeman Community Plan’s future land use designation of Urban Neighborhood. The site is adjacent on three sides to existing R3 zoned areas. As the existing and requested zoning is the same district it is expected that development will be compatible. H. Character of the district. Criterion Met. Section 76-2-302, MCA says “…legislative body may divide the municipality into districts of the number, shape, and area as are considered best suited to carry out the purposes [promoting health, safety, morals, or the general welfare of the community] of this part.” Emphasis added. This proposal amends the zoning map and not the text. Therefore, no element of this amendment modifies the standards of any zoning district. The character of the districts as created by those standards remains intact. As noted above, the City Commission has latitude in considering the geographical extents of a zoning district. Application of any municipal zoning district to the subject property will alter the existing agricultural character of the subject property. It is not expected that zoning freeze the character of an area in perpetuity. Rather, it provides a structured method to consider changes to the character. The intent and purpose of the R3 district is available in 38.300.110.F and in Appendix B of this report. The City has defined compatible development as: “The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals 200 Staff Report for the Heritage Christian School Annexation and Zone Map Amendment, Application 22170 Page 22 of 27 and objectives of the city's adopted growth policy. Elements of compatible development include, but are not limited to, variety of architectural design; rhythm of architectural elements; scale; intensity; materials; building siting; lot and building size; hours of operation; and integration with existing community systems including water and sewer services, natural elements in the area, motorized and non-motorized transportation, and open spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design, density or use.” The City has adopted many standards to identify and avoid or mitigate demonstrable negative impacts of development. These will support the ability of future development in R3 to be compatible with adjacent development and uphold the residential character of the area. As noticed in the growth policy under discussion of this criterion a local street is considered an adequate separation between different uses and districts to minimize impacts, see page 77. The site is adjacent on three sides to existing R3 zoned areas. As the existing and requested zoning is the same district it is expected that development will be compatible. The school use of the site predated the development of adjacent property as homes, a church, and a public school. Schools are part of the land use called Community Center. There are two other community centers within a few feet of the site. If the school left and the site redeveloped it is probable to be homes which is a use adjacent on three sides. R3 is compatible. I. Peculiar suitability for particular uses. Criterion Met. The site is well located in relation to utilities and transportation. The site is large and has access to an arterial street. The site has modest topography. The site is already developed as a school. Schools are permitted uses in the R3 zoning district. The proposed R3 zoning designation is suitable for the property’s location and adjacent uses. J. Conserving the value of buildings. Criterion Met. The proposed R3 includes permitted uses that address all existing uses on the site. The requested district is the same as the adjacent zoning on three sides. No change to value of buildings should occur with the amendment. K. Encourage the most appropriate use of land throughout the jurisdictional area. Criterion Met. The proposed R3 zoning designation will encourage the most appropriate use of land as the property is adjacent to that same zoning district. Furthermore, the proposed R3 zoning designation is consistent with the BCP 2020 future land use map designation of “Urban Neighborhood” and is in accordance with the growth policy. See Criterion A discussion. 201 Staff Report for the Heritage Christian School Annexation and Zone Map Amendment, Application 22170 Page 23 of 27 Spot Zoning Criteria Rezoning may, in certain factual circumstances, constitute impermissible “spot zoning.” The issue of whether a rezoning constitutes spot zoning was discussed by the Montana Supreme Court in Plains Grains LP v. Board of County Comm’rs of Cascade County and Little v. Bd. Of County Comm’rs, in which the Court determined that the presence of the following three conditions generally will indicate that a given situation constitutes spot zoning, regardless of variations in factual scenarios. Based on the review of the following criteria, Staff concludes that this application is not Spot Zoning. 1. Is the proposed use significantly different from the prevailing land uses in the area? Criterion not met. The requested R3 zoning district allows for a wide mix of residential and other uses. R3 is adjacent to the amendment site on three sides. The current use is both consistent with the R3 district and predates all urban development which now surrounds the site. As discussed in Criterion A above, the R3 zoning is consistent with the adopted growth policy. 2. Is the area requested for the rezone rather small in terms of the number of separate landowners benefited from the proposed change? Criterion not met. The application is submitted by one landowner in conjunction with the proposed annexation of the property. While the City supports and encourages multiparty annexation applications, they are not required. Single owner petition annexation requests are the most frequently seen. The amendment is consistent with and supports the City’s adopted growth policy, thus it is a benefit to the greater community even though the number of immediate landowners are small. The requested R3 district is the same as the zoning in existence on three sides and is consistent with the existing use of the site for a school. 3. Would the change be in the nature of “special legislation” designed to benefit only one or a few landowners at the expense of the surrounding landowners or the general public? Criterion not met. While the applicant will directly benefit from the proposed zone map amendment, the amendment is not at the expense of surrounding landowners or the general public. As discussed in the review criteria above, no substantial negative impacts are identified due to this amendment. The application is consistent both with the City’s growth policy. The growth policy consistency demonstrates benefit to the general public and greater community. The requested R3 district is the same as the zoning in existence on three sides and is consistent with the existing use of the site for a school. As discussed in Criterion H, the application is similar and consistent with the existing and developing character of the area to the east within the City. Change is character is inevitable with a change from agriculture to any urban use. The 202 Staff Report for the Heritage Christian School Annexation and Zone Map Amendment, Application 22170 Page 24 of 27 development standards of the City will address utility, transportation, and other issues to mitigate impacts from future development. These standards are applied during subdivision and zoning review of proposed development. Therefore, the amendment does not benefit the landowner at the expense of others. PROTEST NOTICE FOR ZONING AMENDMENTS IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION. The City will accept written protests from property owners against the proposal described in this report until the close of the public hearing before the City Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property within the area affected by the proposal or by owner(s) of real property that lie within 150 feet of an area affected by the proposal. The protest must be in writing and must be signed by all owners of the real property. In addition, a sufficient protest must: (i) contain a description of the action protested sufficient to identify the action against which the protest is lodged; and (ii) contain a statement of the protestor's qualifications (including listing all owners of the property and the physical address), to protest the action against which the protest is lodged, including ownership of property affected by the action. Signers are encouraged to print their names after their signatures. A person may in writing withdraw a previously filed protest at any time prior to final action by the City Commission. Protests must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230. APPENDIX A - NOTICING AND PUBLIC COMMENT Notice was published in the Bozeman Daily Chronicle on 7/17/2022 and 7/24/2022. The notice was provided for the applicant to post on site and mail by the applicant as required by 38.220. Notice was provided at least 15 and not more than 45 days prior to any public hearing. As of the writing of this report on July 26, 2022, no written comments have been received on this application. All written public comment is available online through the City’s archive. 203 Staff Report for the Heritage Christian School Annexation and Zone Map Amendment, Application 22170 Page 25 of 27 APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING Adopted Growth Policy Designation: The property is designated as “Urban Neighborhood” in the Bozeman Community Plan 2020. “This category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single type of housing are discouraged. In limited instances, an area may develop at a lower gross density due to site constraints and/or natural features such as floodplains or steep slopes. Complementary uses such as parks, home-based occupations, fire stations, churches, schools, and some neighborhood-serving commerce provide activity centers for community gathering and services. The Urban Neighborhood designation indicates that development is expected to occur within municipal boundaries. This may require annexation prior to development. Applying a zoning district to specific parcels sets the required and allowed density. Higher density residential areas are encouraged to be, but are not required or restricted to, proximity to commercial mixed use areas to facilitate the provision of services and employment opportunities without requiring the use of a car.” Proposed Zoning Designation and Land Uses: The applicant has requested zoning of R3, Residential Emphasis Mixed-use District whose intent is to: D. Residential medium density district (R-3). The intent of the R-3 residential medium density district is to provide for the development of one- to five-household residential structures near service facilities within the city. This purpose is accomplished by: 1. Providing for minimum lot sizes in developed areas consistent with the established development patterns while providing greater flexibility for clustering lots and mixing housing types in newly developed areas. 2. Providing for a variety of housing types, including single household dwellings, two to four household dwellings, and townhouses to serve the varied needs of households of different size, age and character, while reducing the adverse effect of non-residential uses. Use of this zone is appropriate for areas with good access to parks, community services and/or transit. The Zoning Correlation Table on Page 58 of the Bozeman Community Plan 2020 correlates zoning districts with the Growth Policy’s land use categories, demonstrating that the proposed zoning designation of R3 correlates with the Growth Policy’s future land use designation of “Urban Neighborhood”. 204 Staff Report for the Heritage Christian School Annexation and Zone Map Amendment, Application 22170 Page 26 of 27 205 Staff Report for the Heritage Christian School Annexation and Zone Map Amendment, Application 22170 Page 27 of 27 APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF Owner/Applicant: Piece Inc., (dba Heritage Christian School), 4310 Durston Rd, Bozeman MT 59718 Representative: Graham Engineering LLC, 4591 Alexander St, Bozeman MT 59718 Report By: Chris Saunders, Community Development Manager, Community Development Department FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Annexation or Zone Map Amendment. ATTACHMENTS The full application and file of record was electronically submitted and can be viewed at https://www.bozeman.net/governmnet/planning/using-the-planning-map. Select ‘Project Documents’ and navigate to application 22170 to view the full application. Digital access is also available at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Application materials direct link: https://weblink.bozeman.net/WebLink/Browse.aspx?id=262078&dbid=0&repo=BOZEMAN 206 Memorandum REPORT TO:Community Development Board FROM:Chris Saunders, Community Development Manager Anna Bentley, Community Development Interim Director SUBJECT:Upcoming Items Expected for August 15, 2022 Community Development Board Meeting. MEETING DATE:August 1, 2022 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:No action required. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:The following project review items are presently scheduled for the August 15, 2022 Community Development Board meeting. 1. 1200E. Main Street ZMA, 22184 2. Gran Cielo - Cielo Way and S. 27th Ave ZMA, 22117 3. Block 104 ZMA, 22100 4. Aurora Technologies Site Plan, 22114 5. Shady Glen PUD Concept Plan, 22102 6. Billings Clinic PUD Concept Plan, 22244 Two non-project review items are also scheduled for this evening. These items are be to release reports to the Board. Discussion can be scheduled on future agendas. 1. Report on progress from Branch Out Bozeman - a multiagency project improving data on watercourses in the planning area. 2. First annual report on progress implementing the Bozeman Community Plan 2020. UNRESOLVED ISSUES:None. ALTERNATIVES:None. FISCAL EFFECTS:None. Report compiled on: July 26, 2022 207