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HomeMy WebLinkAbout09-27-22 City Commission Meeting Agenda & Packet MaterialA.Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B.Pledge of Allegiance and a Moment of Silence C.Changes to the Agenda D.FYI E.Commission Disclosures F.Consent F.1 Accounts Payable Claims Review and Approval (Waters) F.2 Approve the Final Plat for the Gran Cielo Phase 2 Subdivision and Authorize the Director of Transportation and Engineering to Execute the Same on Behalf of the City of Bozeman; the Director of Community Development to Execute the Improvements Agreements on Behalf of the City of Bozeman, Application 21414(Garber) THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, September 27, 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: 2558 399 1285 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 F.3 Authorize the City Manager to Sign a Professional Services Agreement with the Downtown Bozeman Partnership for the Administration of the Downtown Business Improvement District for Fiscal Year 2023(Fine) F.4 Authorize the City Manager to Sign a Professional Services Agreement in the Amount of $37,500 with Design.5 Landscape Architecture to Supply Complete Design Services for the Downtown Alley Project, Phase 2(Staley) F.5 Authorize the City Manager to Sign Task Order 4 Bozeman Water Reclamation Facility Motor Control Center Replacement 1 Services Under Existing SCADA On-Call Services Professional Services Agreement Term Contract(Breuckman) F.6 Ordinance 2103 Final Adoption of the Rainbow Creek Zone Map Amendment, Giving an Initial Designation of R-4, Residential High Density District, On Approximately 2.29 Acres Near Baxter Lane and Harper Puckett Road, in Association with Annexation Application 18240(Garber) F.7 Ordinance 2104 Final Adoption to Repeal and Replace Division 38.430 Planned Unit Development with a New Planned Development Zone Process and Amend 24 Related Sections of the Bozeman Municipal Code, Application 22133(Saunders) G.Consent II: Items Acted Upon Without Prior Unanimous Approval G.1 Ordinance 2105 Final Adoption, 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) H.Consent III H.1 Ordinance 2125 Final Adoption, Heritage Christian School Annexation Zone Map Amendment to Establish an Initial Municipal Zoning of R3, Residential Medium Density District, On 13.58 Acres at 4310 Durston Road, Application 22170(Saunders) I.Public Comment This is the time to comment on any matter falling within the scope of the Bozeman City Commission. There will also be time in conjunction with each agenda item for public comment relating to that item but you may only speak once. Please note, the City Commission cannot take action on any item which does not appear on the agenda. All persons addressing the City Commission shall speak in a civil and courteous manner and members of the audience shall be respectful of others. Please state your name and address in an audible tone of voice for the record and limit your comments to three minutes. Written comments can be located in the Public Comment Repository. J.Special Presentation J.1 Health Officer Special Presentation(Christenson) J.2 National Community Survey Special Presentation(Henderson) K.Action Items 2 K.1 The South 8th Zone Map Amendment Requesting Amendment of the City Zoning Map to Change the Zoning on 0.18 Acre Parcel from R-4 (High Density Residential District) to R-5 (Residential Mixed-Use High Density District)(Rogers) K.2 Resolution 5413 - Annual Assessment for Business Improvement District (BID) for Fiscal Year 2023(Hodnett) K.3 Resolution 5414 - Annual Lighting Assessments for Fiscal Year 2023 (Hodnett) L.Appointments L.1 Appointment to the Board of Ethics (Maas) M.FYI / Discussion N.Adjournment City Commission meetings are open to all members of the public. If you have a disability that requires assistance, please contact our ADA Coordinator, Mike Gray, at 582-3232 (TDD 582-2301). Commission meetings are televised live on cable channel 190 and streamed live at www.bozeman.net. City Commission meetings are re-aired on cable Channel 190 Wednesday night at 4 p.m., Thursday at noon, Friday at 10 a.m. and Sunday at 2 p.m. In order for the City Commission to receive all relevant public comment in time for this City Commission meeting, please submit via www.bozeman.net 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:City Commission FROM:Nadine Waters, Accounts Payable Clerk Nicole Armstrong, Accounts Payable Clerk Levi Stewart, Assistant City Controller Aaron Funk, City Controller Melissa Hodnett, Finance Director SUBJECT:Accounts Payable Claims Review and Approval MEETING DATE:September 27, 2022 AGENDA ITEM TYPE:Finance RECOMMENDATION:The City Commission is recommended to make a motion and approve payment of claims as presented. STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND:Montana Code Annotated, Section 7-6-4301 requires the City Commission to review claims prior to payment. Claims presented to the City Commission under this item have been reviewed and validated by the Finance Department. The Department has ensured that all goods and services have been received along with necessary authorizations and supporting documentation. Additionally, the Department confirmed all expenditures were appropriately coded and within the current fiscal year allocated budget. UNRESOLVED ISSUES:None ALTERNATIVES:The City Commission could decide not to approve these claims or a portion of the claims presented. This alternative is not recommended as it may result in unbudgeted late fees assessed against the City. FISCAL EFFECTS:The total amount of the claims to be paid is presented at the bottom of the Expenditure Approval List posted on the City’s website at https://www.bozeman.net/departments/finance/purchasing. Report compiled on: September 22, 2022 4 Memorandum REPORT TO:City Commission FROM:Tim Cooper, Assistant City Attorney Danielle Garber, Associate Planner SUBJECT:Approve the Final Plat for the Gran Cielo Phase 2 Subdivision and Authorize the Director of Transportation and Engineering to Execute the Same on Behalf of the City of Bozeman; the Director of Community Development to Execute the Improvements Agreements on Behalf of the City of Bozeman, Application 21414 MEETING DATE:September 27, 2022 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION: Approve the Final Plat for the Gran Cielo Phase 2 Subdivision and authorize the Director of Transportation and Engineering to execute the same on behalf of the City of Bozeman; the Director of Community Development to execute the improvements agreements on behalf of the City of Bozeman. 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: On June 18, 2018, the Bozeman City Commission conducted their review of the Preliminary Plat application for the Gran Cielo Subdivision, application no. 17522, and voted unanimously to approve the preliminary plat application. Subsequent to the preliminary plat approval by the City Commission in 2018, the applicant proposed the removal of the second park in Phase 4, Block 14 which triggered a new preliminary plat review cycle, reviewed as application no. 19219. The applicant proposed changes that include approximately 21 units be placed on lot 4 where the second park was previously approved, and revisions to the master park plan that included enhanced amenities as improvements-in-lieu being used to make up the difference. This revised Preliminary Plat application was reviewed by the City Commission on September 23, 2019 and was approved by a unanimous vote. The findings of fact for both applications are linked below. 76-3-611(1), MCA, provides that the City Commission shall approve the plat 5 only if: (a) it conforms to the conditions of approval set forth on the preliminary plat and to the terms of this chapter and regulations adopted pursuant to this chapter; and (b) the county treasurer has certified that all real property taxes and special assessments assessed and levied on the land to be subdivided have been paid. The County Treasurer has certified that all real property taxes and special assessments assessed and levied on the land to subdivide have been paid. Attached is a memorandum from Danielle Garber, Associate Planner, stating the staff has concluded that all terms and conditions of the preliminary plat approval have been met. Improvements Agreements are required for final plat approval of this subdivision. The improvements agreements guarantee the installation of sidewalks fronting all lots, and public landscaping. Both improvements agreements guarantee that improvements will be installed within twelve (12) months of the filing of the final plat. All other necessary improvements are constructed. The signed Findings of Fact for Preliminary Plat Application no. 17522 can be viewed at this link: http://weblink.bozeman.net/WebLink8/0/doc/161403/Electronic.aspx The signed Findings of Fact for Preliminary Plat Application no. 19219 can be viewed at this link: http://weblink.bozeman.net/WebLink8/0/doc/200429/Electronic.aspx UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission 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. Attachments: 21414 Gran Cielo Phase 2 Final Plat.pdf 21414 Staff Memo 6 Report compiled on: September 15, 2022 7 8 9 10 11 MEMORANDUM ---------------------------------------------------------------------------------------------------------- TO: TIM COOPER, ASSISTANT CITY ATTORNEY MIKE MAAS, CITY CLERK FROM: DANIELLE GARBER, ASSOCIATE PLANNER RE: FINAL PLAT REVIEW FOR THE GRAN CIELO PHASE 2 SUBDIVISION FINAL PLAT, PLANNING FILE NO. 21414 DATE: SEPTEMBER 15, 2022 ---------------------------------------------------------------------------------------------------------- Bozeman Haus, LLC (Applicant), made application to the City of Bozeman Department of Community Development for Final Plat review and approval for the Gran Cielo Phase 2 Subdivision Final Plat to create 53 residential lots. Attached is a copy of the Findings of Fact and Order from both Preliminary Plat Applications, numbers 17522, and 19219 for Gran Cielo Subdivision. The Commission approved the Findings of Fact on June 18, 2018 and September 23, 2019. Major multi-phased subdivision approvals are valid for three years plus extensions. Two Improvements Agreements are required for this subdivision for the following improvements: the installation of sidewalks fronting all lots, and public landscaping. Based on the summary review provided below, the City Engineering Department and Department of Community Development have reviewed the application against the conditions of preliminary plat approval; and as a result, find that the Final Plat application may be approved by the City Commission. Three (3) original mylars of the Final Plat, original Platting Certificate, original signed improvements agreement for sidewalks, and copies of the recorded easements from the previous phase, Gran Cielo Master Covenants, recorded SID waiver of right to protest, and a copy of both Findings of Fact and Order are attached for your review. The Community Development staff respectfully requests that you prepare City Attorney's Certificates using the attached original Platting Certificates as updated; approve the Certificates of Director of Public Works and Certificate of Completion "as to form". The final City signatures will be obtained once the City Commission has approved the final plats and the unresolved issue listed above is resolved. The application was deemed adequate on September 15, 2022. The final plat review must be completed within a 20-day (working days) review period. The review period begins once the signed mylars are received. 12 Page 2 of 2 The conditions of preliminary plat approval, which are pertinent to this subdivision and how they have been met, are described in the submittal materials. Note: The Community Development Department and Engineering Department have also reviewed the final plat application against the preliminary plat cited code provisions and found compliance with these code requirements. The Engineering Department has also reviewed and approved the “closure” of the final plat. We received communications from the City’s Legal Division that due to HB 259 related to inclusionary zoning that the City will not enforce the requirements for affordable housing cash in lieu as originally required during the preliminary plat and as reflected in the findings of fact. The affordable housing plan and plat notes related to affordable housing and cash in lieu have been removed from the final plat The project is scheduled for consideration by the City Commission on September 27, 2022. Materials for the agenda will be uploaded today (September 15, 2022). Please let me know if this will not work. Attachments: Three (3) Mylar Final Plats Original Platting Certificate (original signed) dated September 8, 2022 Improvements Agreements (original signed) as listed below:  Sidewalk Improvements – Phase 2 – LOC Provided  Trees & Public Landscaping – Phase 2 – LOC provided Gran Cielo Master Covenants – Copy from Phase 1 Waiver of Right to Protest SID – Copy from Phase 1 Resolution 5099 – Lighting District No. 757 Creation Easements (copies) as listed below:  2223367 - Sanitary Sewer & Pipeline and Access Easement and Agreement  2693731 – First Amendment to The Agreement to Grant Public Street & Utility Easement (City required revisions to 2650296)  2650296 – Agreement to Grant Public Street & Utility Easement And First Right of Refusal to Purchase  2650295 – Agreement to Grant Public Street & Utility Easement  2654314 – Public Street and Utility Easement  2643899 – Public Street and Utility Easement  2643900 – Sewer and Water Pipeline and Access Easement and Agreement  2287378 – Public Street and Utility Easement  2711982 – Public Street and Utility Easement  2717371 (2711984) – Public Street and Utility Easement Findings of Fact x 2 cc: File 13 Memorandum REPORT TO:City Commission FROM:David Fine, Urban Renewal Program Manager Melissa Hodnett, Finance Director SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with the Downtown Bozeman Partnership for the Administration of the Downtown Business Improvement District for Fiscal Year 2023 MEETING DATE:September 27, 2022 AGENDA ITEM TYPE:Agreement - Agency/Non-profit RECOMMENDATION:Authorize the City Manager to Sign a Professional Services Agreement with the Downtown Bozeman Partnership for the Administration of the Downtown Business Improvement District for Fiscal Year 2023 STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other public agencies and build on these successes. BACKGROUND:As allowed by statute (MCA 7-12-1131), the City annually contracts the Downtown Bozeman Partnership to administer the Downtown Business Improvement District. UNRESOLVED ISSUES:None identified ALTERNATIVES:As per the Commission FISCAL EFFECTS:As specified in its annual work plan and budget, the Downtown BID pays a fee to the Downtown Partnership to cover the administrative costs of managing the district and implementing the annual work plan. The FY2023 Downtown BID work plan and budget was unanimously approved by the board on May 18, 2022 and presented to the City Commission on June 14, 2022. Attachments: FY2023 DBP- COB PSA for Management of BID District.docx Report compiled on: September 9, 2022 14 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ____________, 202__(“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA,a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and,Downtown Bozeman Partnership, LLC, a limited liability company, with a physical and mailing address of 222 East Main Street #302, Bozeman, MT 59715, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1.Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2.Term/Effective Date: This Agreement is effective upon the Effective Date and will expire on the 30 th day of June, 2023, unless earlier terminated in accordance with this Agreement. 3.Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4.Payment: City agrees to pay Contractor the amount specified in the Scope of Services, Exhibit “A” as the “Downtown Partnership Management Fee”. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a.Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b.Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or 15 violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6.Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 7.Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City,its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. 16 For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanyingendorsements in amounts not less than as follows: 17 Workers’ Compensation – statutory; Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Automobile Liability - $1,000,000 property damage/bodily injury per accident; and Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8.Termination for Contractor’s Fault: a.If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b.In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c.Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d.In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9.Termination for City’s Convenience: a.Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s 18 Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b.Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c.In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d.The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10.Limitation on Contractor’s Damages; Time for Asserting Claim: a.In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b.In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11.Representatives and Notices: a.City’s Representative: The City’s Representative for the purpose of this Agreement shall be David Fine or Melissa Hodnett or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. 19 b.Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be Emily Cope (DBP Economic Development Director) or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c.Notices:All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12.Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13 Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14.Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractorwill not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractorshall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). 20 Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15.Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16.Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 18.Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19.Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 21 20.Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21.Dispute Resolution: a.Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b.If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22.Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23.Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24.Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25.Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26.Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27.No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 28.Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29.Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 22 30.Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA DOWNTOWN BOZEMAN PARTNERSHIP By________________________________By__________________________________ Jeff Mihelich, City Manager Print Name: Emily Cope Print Title: DBP- Economic Development Director APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 23 Scope of Services: Exhibit “A” Downtown Business Improvement District FY2023 BID Work Plan and Budget BID Mission Statement The BID is an organization of downtown property owners who through thoughtful, pro-active collaboration and partnership with local government, business owners, residents and citizens strive to create a shared vision and voice for the community of downtown Bozeman. The BID will commit resources, identify, plan and act on short- term and long-term initiatives otherwise unavailable to individual owners. The BID has a goal of ensuring the long-term preservation and vitality of the city’s underlying economic, cultural, social and environmental assets and the BID will work together to keep our downtown a safe, beautiful and vibrant place. BID Assessment Programs The following programs are funded by the special assessments collected from property owners within the Business Improvement District. The BID assessment for FY2023 will be $220,000. The BID will also receive approximately $50,350 in additional revenue from sponsorships and maintenance contracts. Downtown Bozeman Partnership ($63,000) The BID is a member of the Downtown Bozeman Partnership. The BID contributes to the administration of the Downtown Partnership office located at 222 East Main Street. Downtown Bozeman Association ($27,000) The BID contributes to the DBA to support its events, staff and marketing efforts to promote downtown. The DBA hosts events downtown that include Art Walks, Christmas Stroll, Music on Main, Crazy Days, Cruisin’ on Main Car Show, Restaurant Week and more. New Program/Outreach Bozeman ($20,000) The new program could be sidewalk pressure washing, public art project or another as needs arise for the district. HRDC utilizes a street outreach team approach to reach individuals and families experiencing homelessness. Since the beginning of the DBP Street Outreach program, HRDC has increased staff, capacity, resources and trainings to better serve, not just the downtown business community, but the entirety of Bozeman. Summer Flowers ($30,000) The BID purchases, installs and maintains (which includes watering 7 days a week) 300+ hanging baskets of Super- Petunias. In summer of 2022, 40+ additional hanging baskets will be placed on Babcock and Mendenhall. These flower baskets are hung throughout downtown from June through September on the historic lamp posts. Holiday Lighting ($5,500) The BID installs the following holiday lighting downtown: 1) lighted garland on each historic lamp post along Main Street; 2) lights on the large conifer trees in Soroptomist Park; 3) garland wreaths at the Rouse, Church, Wallace, and Grand intersections; and 4) the infamous holiday “spider” decoration above four downtown intersections. Maintenance Program ($92,575) The BID hires two full-time maintenance employees in addition to two part-time maintenance employees for the summer months. Primary tasks performed by the BID maintenance staff includes garbage collection, flower watering, tree watering, Soroptomist Park upkeep, installation of the light pole banners, maintenance of pedestrian benches, graffiti removal, and limited snow removal. The BID maintenance staff removed over 4,200 bags of garbage and recycling during the past year from over 100 receptacles. 24 Professional Services Agreement for the Management of the Downtown Business Improvement District for FY2023 Page 11 of 12 Graffiti Removal Program ($5,750) The BID comprehensive graffiti removal program is in its third year of operation. Since 2009, this program has removed 4,000 graffiti tags. The BID maintenance staff removes tags from public property and works with property owners to clean private buildings of graffiti. The BID will continue to actively remove new tags as quickly as possible considering immediate removal has proven to be the most effective deterrent. Downtown Banners ($3,000) The BID purchases, installs and maintains the downtown light pole banners. Seasonally the BID installs banners for MSU, Bozeman Farmers Market, Bridger Bowl, Big Sky Resort, Sweet Pea, SLAM, BYEP, Bozeman Health, Bridgercare, Greater Yellowstone Coalition and more. Tree Replacement ($2,000) The BID replaces trees that have died in the downtown district. In coordination with the City Forestry Division, dead trees are removed and then replaced by a local nursery. Smaller newly planted trees are susceptible due to physical damage and insufficient water. The BID replaces between two and six trees a year. Downtown Marketing ($2,500) The BID contributes to the general marketing of downtown Bozeman. These funds are made available to the Downtown Partnership which places advertisements in ten to twelve local, regional and state-wide publications. Vehicle Maintenance ($9,750) The BID owns and maintains a maintenance truck and two mules/ATVs. Maintenance Supplies ($6,375) The BID purchases a wide variety of maintenance supplies for various programs, including trash bags. 25 Professional Services Agreement for the Management of the Downtown Business Improvement District for FY2023 Page 12 of 12 FY23 BUDGET Income BID Assessment 220,000$ BID Assessment--residual Contract Income 24,000$ Interest Income 100$ Mobile Vending Fees 1,750$ Flower Sponsorships 9,000$ Christmas Light Sponsorships 3,500$ Streetlamp Banners 12,000$ Total Income 270,350$ Expenses Management Fee 63,000$ Total Expenses 63,000$ Payroll Expenses Maintenance Staff 60,000$ Taxes 4,825$ Work Comp 3,300$ Maintenance Staff--Garage 22,500$ Taxes 975$ Work Comp 975$ Total Payroll Expenses 92,575$ Programs Outreach Bozeman/New Program 20,000$ Downtown Bozeman Association (DBA) Support 27,000$ Christmas Lights 2,000$ Christmas Light Spider Repair 2,000$ Christmas Lights Storage 1,500$ New Banners 3,000$ Flower Expenses 30,000$ Flower Water 300$ Tree Purchases 2,000$ Marketing 2,500$ Maintenance Supplies 3,750$ Garbage Bags 2,625$ Graffiti Supplies 1,250$ Graffiti Contracted Removal 4,500$ Mule Service & Fuel 1,750$ Truck Service & Fuel 2,500$ Vehicle Insurance 5,500$ Program Contingency 1,000$ Total Program Expenses 113,175$ Total BID Expenses 268,750$ NET ASSESSMENT INCOME 1,600$ 26 Memorandum REPORT TO:City Commission FROM:Ellie Staley, Executive Director Downtown Bozeman Partnership SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement in the Amount of $37,500 with Design.5 Landscape Architecture to Supply Complete Design Services for the Downtown Alley Project, Phase 2 MEETING DATE:September 27, 2022 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:That the City Commission approve the professional services agreement with Design.5 Landscape Architecture and authorize the City Manager to sign the agreement on behalf of the City. STRATEGIC PLAN:4.4 Vibrant Downtown, Districts & Centers: Promote a healthy, vibrant Downtown, Midtown, and other commercial districts and neighborhood centers – including higher densities and intensification of use in these key areas. BACKGROUND:The Bozeman Alleyways Project is a beautification project in our downtown alleys intended to enhance and create cultural identity in our cultural core. This PSA will take this project into Phase 2 for the completion of one full alleyway from North Black Ave to North Tracy Avenue with design, art and lighting elements. The project has been identified as a short-term project within the Downtown Bozeman Improvement Plan. UNRESOLVED ISSUES:None. ALTERNATIVES:None. FISCAL EFFECTS:Contract cost of $37,500 is within the amount funded in the approved fiscal year 2023 budget and work plan. Attachments: PSA_Alley Project-Design5.pdf Report compiled on: September 9, 2022 27 Professional Services Agreement for the Bozeman Alleyways Beautification Project (Phase 2). Page 1 of 14 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 27th_ day of _September_, 2022_ (“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and, Design.5 Landscape Architecture, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2. Term/Effective Date: This Agreement is effective upon the Effective Date and will expire on the _28th_ day of _September_, 2022, unless earlier terminated in accordance with this Agreement. 3. Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4. Payment: City agrees to pay Contractor $37, 500.00. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: 28 Professional Services Agreement for the Bozeman Alleyways Beautification Project (Phase 2). Page 2 of 14 a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. 29 Professional Services Agreement for the Bozeman Alleyways Beautification Project (Phase 2). Page 3 of 14 Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under 30 Professional Services Agreement for the Bozeman Alleyways Beautification Project (Phase 2). Page 4 of 14 this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: • Workers’ Compensation – statutory; • Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Automobile Liability - $1,000,000 property damage/bodily injury per accident; and • Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. 31 Professional Services Agreement for the Bozeman Alleyways Beautification Project (Phase 2). Page 5 of 14 The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately 32 Professional Services Agreement for the Bozeman Alleyways Beautification Project (Phase 2). Page 6 of 14 in progress. c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d. The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Ellie Staley, Executive Director of the Downtown Bozeman Partnership or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such 33 Professional Services Agreement for the Bozeman Alleyways Beautification Project (Phase 2). Page 7 of 14 persons. b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be Ryan Hamilton or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13 Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, 34 Professional Services Agreement for the Bozeman Alleyways Beautification Project (Phase 2). Page 8 of 14 gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the 35 Professional Services Agreement for the Bozeman Alleyways Beautification Project (Phase 2). Page 9 of 14 reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 18. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 36 Professional Services Agreement for the Bozeman Alleyways Beautification Project (Phase 2). Page 10 of 14 24. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 28. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA ____________________________________ CONTRACTOR (Type Name Above) 37 Professional Services Agreement for the Bozeman Alleyways Beautification Project (Phase 2). Page 11 of 14 By________________________________ By__________________________________ Jeff Mihelich, City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney SCOPE OF SERVICES SCHEMATIC DESIGN REFINEMENT • Obtain digital survey file in AutoCAD (from TD&H Engineering). Accurate site data is critical to good planning. Minimum one (1) foot contour site plan of existing conditions and utilities is necessary for design work to begin (completed/received) • Continue design concepts that were completed by DHM Design in 2020, including meeting with client, City of Bozeman, Groundprint, General Contractor, stakeholders, artists, and others to finalize the design and approval process, goals, and precedent projects • Continue to develop a schematic design for hardscapes, softscapes, artwork, and improvements as requested by client • Ground truth all improvements with client, City of Bozeman, Groundprint, etc. • Coordinate “rough order of magnitude” pricing estimate with General Contractor, artists, etc. • Design 5 assumes a close collaboration with other design professionals (structural/civil/electrical engineers, etc.), artists, Groundprint, and General Contractor, as necessary • Coordinate drawings with City of Bozeman and others as needed • Refinement of hand-drawn conceptual site layout and exterior amenities. Plan showing proposed features, planting beds, trees, shrubs, hardscape, lighting, art, and amenity areas. Hardscape and plant material call-outs. • Attend design team, stakeholder, and client meetings. Assume 1.5 hours / week • Revise based on comments from client, stakeholders, artists, etc. • Lumion 3D digital renderings (if requested) 38 Professional Services Agreement for the Bozeman Alleyways Beautification Project (Phase 2). Page 12 of 14 • Develop plans in AutoCAD to the level necessary for approval from client, City of Bozeman, and General Contractor PROJECT OUTLINE The project site is located at the alley between N. Black Ave. and N. Tracy Ave. in Bozeman, MT. Design 5 will be involved in the landscape architecture design for the project: • Schematic design, advancing the concepts presented by DHM Design in 2020 • Limited outreach to property and business owners (in coordination with Groundprint) • Design development based on client input • Full set of construction documents, including stamp by MT licensed landscape architect (as needed) • Design for planting, hardscape, lighting, art, and irrigation (as needed), etc. • Entitlements & Permitting (in coordination with Groundprint) • Site amenity design to be guided by client, property and business owners, and DHM Design report from 2020 • Coordination with structural, electrical, and/or civil engineers (as needed) • Coordination with civil engineer for storm water collection/drainage/discharge and final grading (if necessary) • Coordination with site utilities CONSTRUCTION DOCUMENTS • Develop one (1) Final Site / Landscape Plan, including amenity detailing • Irrigation Design (as needed) • Erosion Control & Grading, in collaboration with civil engineer (if needed) • Lumion digital renderings (if requested) • Develop plant list / counts based on accepted plans • List material specifications and standard details • Submit to client and City departments for review and approval (as required) • Attend client meetings, as necessary. Assume one (1) hour per week BIDDING • Meet with General Contractor on site for pre-bid review of project • Answer questions during bidding process • Review and respond to substitution requests • Review bids for accuracy with plan drawings 39 Professional Services Agreement for the Bozeman Alleyways Beautification Project (Phase 2). Page 13 of 14 CONSTRUCTION OBSERVATION • Respond to General Contractor questions and RFI’s, substitution requests, reviewing submittals, and product data (coordinated through General Contractor) • Review shop drawings and submittals (coordinated through General Contractor) • Site visits to observe installation progress. Respond timely to any requested site meetings or requests. We assume five (5) major site visits with General Contractor • Assume three (3) hours per week of General Contractor and/or sub- contractor questions and responses during the installation ASSUMPTIONS • Design 5 be provided the current site survey with all existing utilities including depth to mapped utilities (completed by TD&H in 2022) • Any designed elements requiring structural engineering would be reviewed by the project structural engineer, and will be invoiced by Design 5 at cost plus 10% • Design 5 will assist with any City or board submittals • Any elements not specifically called out in this agreement shall be considered additional scope • Groundprint and TD&H has, and will continue to, invoice DBP directly for their expenses TIMELINE + COST TARGET DATES Schematic Design/Design Development Including Refinement of DHM Concepts: Summer/Fall 2022 (this includes limited outreach to property and business owners to share design and gather feedback) Entitlements/Permitting: Fall 2022 Construction Documents: Winter 2022/2023 (or TBD, per City approval process) Bidding + Construction Observation: TBD Target Completion Date: TBD DESIGN COMPENSATION Pro Bono (First 35 Hours Provided at No Charge) $0 Schematic Design Refinement (estimate) $15,000* 40 Professional Services Agreement for the Bozeman Alleyways Beautification Project (Phase 2). Page 14 of 14 Construction Documents (estimate) $22,500* ESTIMATED NOT TO EXCEED TOTAL $37,500 * Hourly, T&E (Time and Expenses) FEE SCHEDULE Principal Design / Oversight $165/hr Lead Designer / Project Manager $140/hr Drafting and Production $105/hr Construction Observation $165/hr REIMBURSABLE EXPENSES Printing + Supplies Allowance $500 Lumion 3D Digital Renderings $140/hr Bidding + Construction Observation* (if requested) Hourly, T&E Additional design work as requested client will be billed hourly, T&E • Design 5 will provide a prior estimate of time required based on request • Any work not specifically discussed in this agreement will be billed T&E at appropriate Design 5 personnel’s hourly rate • Any additional T&E will be agreed upon in writing before work begins 41 Memorandum REPORT TO:City Commission FROM:Zeb Breuckman, SCADA Manager John Alston, Director of Public Utilities SUBJECT:Authorize the City Manager to Sign Task Order 4 Bozeman Water Reclamation Facility Motor Control Center Replacement 1 Services Under Existing SCADA On-Call Services Professional Services Agreement Term Contract MEETING DATE:September 27, 2022 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign Task Order 4 Bozeman Water Reclamation Facility Motor Control Center Replacement # 1 Services Under Existing SCADA On-Call Services Professional Services Agreement Term Contract STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Term Contract Background: Advanced Engineering and Environmental Services, LLC (AE2S) has an existing Master Task Order Agreement Term Contract to provide SCADA On-Call services in support of the City's Water and Wastewater facilities. Task Order 4 Background: AE2S was selected to develop a SCADA System Master Plan though a competitive Request of Qualifications (RFQ) process. As part of the SCADA System Master Plan, several Motor Control Centers at the Water Reclamation Facility were identified as candidates for replacement due to their age and the lack of available spare parts. Task Order 4 authorizes AE2S to design replacement Motor Control Centers and provide bidding services for replacing the Motor Control Centers. UNRESOLVED ISSUES:None. ALTERNATIVES:As directed by the Bozeman City Commission. FISCAL EFFECTS:AE2S will bill for its services on a time and expense basis not to exceed $31,088. Funding for the work is available from the water fund and the wastewater fund. The Capital Improvement Project number is W106. Attachments: Bozeman WRF MCC Replacment 1.pdf 42 Report compiled on: September 13, 2022 43 Page 1 of 2 EXHIBIT A to Professional Services Master Task Order Agreement Dated ___________________________ TASK ORDER NUMBER # 4: P05097-2022-006 Issued under the authority of Professional Services Master Task Order Agreement between the City of Bozeman and Advanced Engineering and Environmental Services, LLC for Bozeman WRF MCC Replacement # 1 Services. This is a Task Order dated ______________, between City of Bozeman (City) and Advanced Engineering and Environmental Services, LLC (Consultant). The following representatives have been designated for the work performed under this Task Order: City: Zeb Breuckman, PE, SCADA Manager Consultant: James Sletten, I&C Senior Technician Project Name: – Bozeman WRF MCC Replacement # 1 SCOPE OF WORK: (attach additional sheet(s) as required) Work performed under this Task Order will include the design and bidding phase services for three new MCCs to replace out dated MCC sections in the Digestor Building, Maintenance Building, and Lift Station # 1. Descriptions of services provided through this Task Order are listed, but not limited to those services in Attachment 1 – Bozeman WRF MCC Replacement # 1 Design. COMPENSATION: City agrees to pay Consultant for rendering services associated with this Task Order at Standard Hourly Rates and for Reimbursable Expenses up to an amount not to exceed $31,088.00 without written authorization from the parties agreeing to an increase in Consultant’s compensation limit. Consultant shall be reimbursed at Standard Hourly Rates and for Reimbursable Expenses in Accordance with Consultant’s Hourly Fee and Expense Schedule. Personnel anticipated to provide the majority of the Scope of Work – exclusive of personnel providing administrative and incidental labor – are identified in the Personnel Section of Task Order 3 - Attachment 1 along with their respective Labor Classification as of the effective date of this Task Order. Contractor shall invoice no more often than monthly for services provided in the previous pay period. The provisions of the Professional Services Master Task Order Agreement dated ____________________and any Special Terms and Conditions and/or Exhibits or Attachments to this Task Order shall govern the Work. 44 Bozeman Professional Services Master Task Order Agreement Dated: _________________________________ Task Order Bozeman WRF MCC Replacement # 1 Design Page 2 of 2 IN WITNESS WHEREOF, the parties authorized to commit resources of the companies have executed this Task Order: City of Bozeman Contractor By: By: Title: Title: Date: Date: Fed. ID. No. Operations Manager August 23, 2022 45-0422908 45 P05097-2022-006 Page 1 of 3 Think Big. Go Beyond. www.ae2s.com Bozeman, Montana Bozeman WRF MCC Replacement # 1 Design TASK ORDER NO. 4: P05097-2022-006 EFFECTIVE DATE OF TASK ORDER:______________________ Attachment 1: Bozeman WRF MCC Replacement # 1 Design Design Services  Scope of work including expenses: o General symbols and abbreviations o Overall, Aerial Site Plan for reference o Maintenance Building Demolition Photo Sheet o Maintenance Building New Construction One-Line Diagram o Maintenance Building IO schedule (for modifications and reference) o Lift Station No. 1 Demolition Photo Sheet o Lift Station No. 1 New Construction One-Line Diagram o Lift Station No. 1 IO schedule (for modifications and reference) o DAF Building Demolition Photo Sheet o DAF Building New Construction One-Line Diagram o DAF Building IO schedule (for modifications and reference) o Standard Details o Cable and conduit schedule(s) o Provide a 90% submittal for review  Bidding Phase Services o Assist in solicitation of bids and proposals from pool of qualified electrical contractors for one MCC section. o Review bids received by owner. o Prepare documents for public bids.  Exceptions o Construction Phase Services including review of MCC submittals are not included in this proposal. o Construction Phase Services regarding installation of new MCC sections are not included in this proposal. o PLC, VFD, or any other programming required to startup new MCC sections is not included in this proposal. 46 P05097-2021-006 Page 2 of 3 Think Big. Go Beyond. www.ae2s.com Personnel† Name Labor Classification James Sletten I&C Technician II Nick Ackerman, PE Engineer III Adam Wahler, PE Engineer V Ian Smith Engineering Technician III †The Labor Categories of Personnel assigned to this Task Order shall be subject to adjustment annually (as of January 1) to reflect equitable changes in the compensation payable to Consultant. This adjustment will not increase the total estimated compensation amount unless approved in writing by the City. Fee Estimate Summary: Project Name Personnel Wahler, PE Sletten Smith Ackerman - Subtotal Labor Subs Expenses Total Engineer V I&C Tech II Eng Tech III Engineer III ADMIN Hours 2020 Billing Rate 215$ 160$ 117$ 177$ 88$ 030 - PRELIMINARY DESIGN - 16 - 24 4 44 $7,160 $0 $0 $7,160 Direction & Communications 16 8 4 28 $4,328 $0 $0 $4,328 Drawings 16 16 $2,832 $0 $0 $2,832 040 - FINAL DESIGN 8 10 40 56 - 114 $17,912 $0 $0 $17,912 Drawings 40 16 56 $7,512 $0 $0 $7,512 Specifications 32 32 $5,664 $0 $0 $5,664 QA/QC 8 2 8 18 $3,456 $0 $0 $3,456 Project Management 8 8 $1,280 $0 $0 $1,280 050 - Negotiation - - - 32 4 36 $6,016 $0 $0 $6,016 Contract Facilitation 16 4 20 $3,184 $0 $0 $3,184 Solicitations & Procurement 8 8 $1,416 $0 $0 $1,416 Questions 8 8 $1,416 $0 $0 $1,416 8 26 40 112 8 $1,720 $4,160 $4,680 $19,824 $704 194.00 31,088$ -$ -$ 31,088$ Wahler, PE Sletten Smith Ackerman - 030 - PRELIMINARY DESIGN $7,160 040 - FINAL DESIGN $17,912 050 - Negotiation $6,016 Total Fee $31,088 Bozeman WRF MCC Replacment # 1 47 P05097-2021-006 Page 3 of 3 Think Big. Go Beyond. www.ae2s.com ADVANCED ENGINEERING AND ENVIRONMENTAL SERVICES, LLC 2022 HOURLY FEE AND EXPENSE SCHEDULE Labor Rates* Administrative 1 $61.00 Administrative 2 $74.00 Administrative 3 $89.00 Engineering Assistant 1 $77.00 Engineering Assistant 2 $92.00 Engineering Assistant 3 $116.00 Engineer 1 $125.00 Engineer 2 $148.00 Engineer 3 $177.00 Engineer 4 $203.00 Engineer 5 $215.00 Engineering Technician 1 $75.00 Engineering Technician 2 $96.00 Engineering Technician 3 $117.00 Engineering Technician 4 $131.00 Engineering Technician 5 $149.00 I&C Assistant $98.00 I&C 1 $138.00 I&C 2 $160.00 I&C 3 $183.00 I&C 4 $194.00 I&C 5 $203.00 IT 1 $117.00 IT 2 $159.00 IT 3 $190.00 Operations Specialist 1 $93.00 Operations Specialist 2 $113.00 Operations Specialist 3 $140.00 Operations Specialist 4 $158.00 Operations Specialist 5 $184.00 Project Manager 1 $188.00 Project Manager 2 $206.00 Project Manager 3 $223.00 Reimbursable Expense Rates Transportation $0.65/mile Survey Vehicle $0.85/mile Laser Printouts/Photocopies $0.30/copy Plotter Printouts $1.00/s.f. UAS - Photo/Video Grade $100.00/day UAS – Survey $50.00/day Total Station – Robotic $35.00/hour Mapping GPS $25.00/hour Fast Static/RTK GPS $50.00/hour All-Terrain Vehicle/Boat $100.00/day Cellular Modem $75.00/month Web Hosting $26.00/month Legal Services Reimbursement $250.00/hour Outside Services cost *1.15 Geotechnical Services cost *1.30 Out of Pocket Expenses cost*1.15 Rental Car cost*1.20 Project Specific Equipment Negotiable * Position titles are for labor rate grade purposes only. These rates are subject to adjustment each year on January 1. 48 Memorandum REPORT TO:City Commission FROM:Danielle Garber, Associate Planner Anna Bentley, Community Development Interim Director SUBJECT:Ordinance 2103 Final Adoption of the Rainbow Creek Zone Map Amendment, Giving an Initial Designation of R-4, Residential High Density District, On Approximately 2.29 Acres Near Baxter Lane and Harper Puckett Road, in Association with Annexation Application 18240 MEETING DATE:September 27, 2022 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Final adoption of Ordinance 2103 STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:The City of Bozeman received a petition for annexation and initial zoning from Rainbow Creek Rental Properties, LLC requesting the City Commission annex the 2.29 acres and additional right of way currently addressed as 4555 Baxter Lane, Bozeman, MT and apply a zoning classification of R-4, Residential High Density. The City Commission held a public hearing on November 26, 2019 and voted to annex the subject property, subject to terms of annexation and zoning contingencies. On February 28, 2019 the City received an annexation agreement which incorporated the recommended terms of annexation which was signed by the current land owner following the public hearing. Following approval, a complaint and petition was filed with the Montana Eighteenth Judicial District Court on December 21, 2018, appealing the City Commission decision to adopt the initial zoning for said tracts which delayed the City processing the executed annexation agreement and terms of annexation. On November 30, 2021 District Judge Hon. Rienne H. McElyea granted summary judgment in favor of the City of Bozeman and dismissed the complaint. Following the judgment all contingencies of zoning approval were completed by the applicant. The original application materials are available in the City's Laserfiche archive. Additionally, attached to this document is Ordinance 2103, a copy of the summary judgement issued by the Montana Eighteenth Judicial District Court, and the initial zoning map. Provisional adoption of the ordinance happened on September 13, 2022. 49 UNRESOLVED ISSUES:None ALTERNATIVES:As identified by the City Commission FISCAL EFFECTS:None Attachments: Ordinance 2103 Rainbow Creek ANNX Zoning.pdf Rainbow Creek Annexation and Zoning Map.pdf Order Re Motion For Summary Judgement.pdf Report compiled on: August 25, 2022 50 Ord 2103 Page 1 of 6 ORDINANCE 2103 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO ESTABLSIH INITIAL MUNICIPAL ZONING OF R-4, RESIDENTIAL HIGH DENSITY DISTRICT, RAINBOW CREEK ZONE MAP AMENDMENT, APPLICATION 18240 WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps if a public hearing is held and official notice is provided; and WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct a public hearing and submit a report to the City Commission for all zoning map amendment requests; and WHEREAS, the City of Bozeman Zoning Commission has been created by Section 2.05.2700, BMC as provided for in Section 76-2-307, M.C.A.; and WHEREAS, Chapter 38, Article 2 of the Bozeman Unified Development Code sets forth the procedures and review criteria for zoning map amendments; and WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City Commission that application No. 18240, the Rainbow Creek Annexation Zone Map Amendment, be approved as requested by the applicant; and WHEREAS, after proper notice, the City Commission held its public hearing on November 26, 2018, to receive and review all written and oral testimony on the request for the zone map amendment; and 51 Ordinance No. 2103, Rainbow Creek Annexation Zone Map Amendment Page 2 of 6 WHEREAS, the City Commission received protest letters exceeding the protest threshold by owners of 25% or more of the area of the lots within 150 feet from the subject parcel pursuant to 76-2-305 MCA which required a favorable vote of two-thirds of the present and voting members of the City Commission; and WHEREAS, the City Commission has reviewed and considered the zone map amendment criteria established in Section 76-2-304, M.C.A., and found that the proposed zone map amendment would be in compliance with the criteria by a two-thirds majority favorable vote; and WHEREAS, a complaint and petition was filed with the Montana Eighteenth Judicial District Court on December 21, 2018, appealing the City Commission decision to adopt the initial zoning for said tracts which delayed the City processing the executed annexation agreement and terms of annexation; and WHEREAS, on November 30, 2021 District Judge Hon. Rienne H. McElyea granted summary judgment in favor of the City of Bozeman and dismissed the complaint. WHEREAS, following the judgment contingencies for zoning approval were completed by the applicant. 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. Zoning, including amendments to the zoning map, must be in accordance with an adopted growth policy; 2. A staff report analyzing the required criteria for a zone map amendment, including accordance to the Bozeman Community Plan 2009, found that the required criteria are satisfied; 3. A new growth policy was adopted in November, 2020 and the R-4 zoning also complies 52 Ordinance No. 2103, Rainbow Creek Annexation Zone Map Amendment Page 3 of 6 with the new future land use map; 4. The two required public hearings were advertised as required in state law and municipal code and all persons have had opportunity to review the materials applicable to the application and provide comment prior to a decision; 5. 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 recommended approval of the requested R-4 district. 6. 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. 7. The City Commission considered the application materials, staff analysis and report, Zoning Commission recommendation, all submitted public comment, and all other relevant information. 8. The City Commission determines that, as set forth in the staff report and incorporating the staff findings as part of their decision, the required criteria for approval of application No. 18240 Rainbow Creek Annexation Zone Map Amendment have been satisfied. Section 2 That the zoning district designation of the following-described property is hereby established as R-4, Residential High Density District: The property is described as: 53 Ordinance No. 2103, Rainbow Creek Annexation Zone Map Amendment Page 4 of 6 A tract of land in the Southwest ¼ of Section 34, T1S, R5E, MPM, in Gallatin County, Montana, and being more particularly described as follows: Beginning at a point on the south line of said section, which said point bears East a distance of 248.6 feet from the southwest corner of said section; thence N 01°25.9’W along the line of a metal post fence a distance 246.8 feet to a point marked by a metal fence corner post; Thence N 89°53.6’ E a distance of 392.8 feet to a point marked by a steel rod; Thence S 6°44.7’E along the foot of the west bank of a ditch a distance of 249.2 feet to a point marked by a steel rod in the south line of said section; Thence West along said south line a distance of 415.9 feet to the point of beginning, according to a plat recorded in Book of Deeds, Pages 206 and 207. This tract contains 2.29 acres, more or less. Section 3 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 4 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 5 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 6 Codification. 54 Ordinance No. 2103, Rainbow Creek Annexation Zone Map Amendment Page 5 of 6 This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a disposition list in numerical order with all other ordinances of the City and shall be organized in a category entitled “Zone Map Amendments.” Section 7 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 13th day of September, 2022. ____________________________________ 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: _______________________________ 55 Ordinance No. 2103, Rainbow Creek Annexation Zone Map Amendment Page 6 of 6 MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 56 \vEXHIBIT ARAINBOW CREEK ANNEXATIONAND R4 ZONE MAP AMENDMENTto BOZEMAN, MONTANAA TRACT OF LAND SITUATED IN THESW 1/4 OF OF SECTION 34 T1S, R5E P.M.M.GALLATIN COUNTY, MT/' /\ /' /DANUBE LANESCAI-E1 inch • -<0r0LOT 5 BI.K 15BAXTER MEADOWSSUBDIVISIONFHASE 3AZONING; Rl///OPEN SPACE A/LOT 6 BLK ISBAXTER MEADOWSSUBDIVISIONPKASE3AZONING', Rl50-±LOT 7 BLK 15BAXTER MEADOWSSUBDIVISIONPHASE 3AZONING: RI30' WIOE SEWER SEKVICE» UTILIPf EASEMENTLOT 8 B[.K ISBAXTER MEADOWSSUBDIVISIONPHASK3AZONING; RlOPEN SPACEPROPERTYLINEPRClPERTT "-LINETRACT 5COS 2202ZONING; AS-COUNTYtsj^couANNEXATION &R4 ZONE MAPAMENDMENT-&.N B9'53'36" EIRRIGATION EASEMENTDOC f21231126.592.8"LEGAL DESCRIPTION;vr- - -.- JLOT <) Bl.K 15BAXTER MEAIXIWSBTJBDIVISIONPHASE 3AZONING: Rl\^\\\\\0^";s.A .TRACT OF LAND LOCAIED.IN THE.SW1/4 Of SECJION 34, TOWNSHIP. .1 SOUTH. RANGE 5EAST, P.M.U., GALLATIN COUMTY. UOHTWf.. DESCRIBED. IN. A DEEBRECORDED'INOOCUME.NT 'NUMBER 2416674, GALl-A'nN COUHTY CLERK AND RECORDERS OFFICE, ANDBEING MORE FULLY-BOUNDEB AND'DESCRIBED AS FOLLOWS:COMUENONG AT SOUTHWEST CORNCR OF SAID SECTION .54;. THEHCf: EAST 248.6 FEETALONG THE SOUTH LINE OF THE SW1/4 OF SAID SECTION 34 TO THE SOUTHEAST CORNEROF TRACT 5, C.O.S. 2202; SAID CORNER ,BEING THE POfNT OF B£CIKNlNG; .n-iENCE: ALONGTHE EAST UNE OF S<10 TTi/ICT 5 NORTH 0)'25'54" WEST..A DISrUCEOF 246.B FEET TO •A POINT ON THE SOUTH LINE OF OPEN SPACE PUBLIC ACCESS E Of THE PLAT OFBAXTER MEADOWS SUBDIUSION. PHASE .3*; IHENCt ALONG SAID PLAT. WE TMO WFOl.tOWNG COURSES. DNORm 89-53'36" EAST. A MSTANCE OF .332.-BO FEET; 2) SOUTH06'4+'-<2" EAST. A DiSTANCE Qf 249.20 FEET TQ A'POfNT ON IT-lE SOUTH UNE: OP THESWIA'Of" SAfO SECTION 34: TH^CE ALOf'iC SAIO SOUTH ,UHE NORTH SO'OO'OO" WEST. A415.90 FEET TO THE POINT OF BEGINNING.'. S«10 TRACT CONTAININC IN AREA2.29 ACRES, ALONG WTH AND SUBJECT TO ANY EXISTING EASEMENTS..(REFERENCE SURVEY.FILED IN BOOK l-18, PAGE 207).1.0T 9 BLK 10BAXTER MEADOWSSUBDIVISIONPHASE 3A\/A./ZONING: R]/J^ofL^t20' PUBLIC STREETAND UTIUTY EASEMENTN go'oo'oo" w50'.. COUHPi' ROADWAYEASEMENTSO't0^§in^0OT.i^110 •'4^N.m~T50'/7/////LOT9BLKIIBAXTER MEADOWSSUBDIVISIONPHASE 3AZONING: Rl//L^ ——____OPEN SPACEPUBLIC STREETEASEMENT PER DOCijf2103143PROPERTYLINE415.9'BAXTER LANE50' ROADWAY EASEMENTPER COS 25548COB 2554BZONING: PLIisl•Ii|ilJRAINBOW CREEK ANNEXATIONAND ZONE MAP AMENDMENTBOZEMAN.MTEXHIBITAOME. 2/28/19PROJCCTf •8-10657 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 Memorandum REPORT TO:City Commission FROM:Chris Saunders, Community Development Manager Anna Bentley, Interim Director Community Development SUBJECT:Ordinance 2104 Final Adoption to Repeal and Replace Division 38.430 Planned Unit Development with a New Planned Development Zone Process and Amend 24 Related Sections of the Bozeman Municipal Code, Application 22133 MEETING DATE:September 27, 2022 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Final adoption of Ordinance 2104. 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 amendments in Ordinance 2104 update the City's land development regulations as part of efforts to support affordable housing and implement other identified community priorities. For more information see the Executive Summary and Appendix A in the staff report attached to the July 12, 2022 Commission agenda. The City Commission conducted a public hearing on the Ordinance on July 12, 2022 and provisionally adopted it with direction to staff to prepare amendments to the draft. The directed amendment was to expand the identified public benefits necessary for approval to provide opportunity for an applicant to propose a unique option outside of the four default benefits included in the draft ordinance. The ordinance was revised and includes the requested amendment on page 35 with the new paragraph titled "Novel Public Benefits PDZ" and page 42 with the new paragraph titled "Novel Public Benefit PDZs". The Novel Public Benefit PDZ provides an option for an applicant to propose a planned development zone with public benefits other than the four listed in Section 38.430.050 for affordable housing, historic structure/site, sustainable/resilient design, large development, or combinations of the four. For the initial City Commission discussion on Ordinance 2104 see the video recording of the July 12, 2022 as item J.2 beginning at time 1:32.15 in the 81 recording. Materials for the July 12th hearing begin on page 269 of the overall Commission packet. Staff report and all other attachments are included. The City Commission provisionally adopted the revised Ordinance 2104 at their August 23, 2022 meeting. See the video recording, item J.2 for the discussion Ordinance 2104 is connected directly to this agenda. UNRESOLVED ISSUES:None. ALTERNATIVES:As directed by the City Commission FISCAL EFFECTS:None Attachments: Ordinance 2104 Planned Unit Development - Final Adoption 9-13-2022.pdf Report compiled on: September 15, 2022 82 Ord 2104 Page 1 of 56 ORDINANCE 2104 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA TO REPEAL AND REPLACE DIVISION 38.430 PLANNED UNIT DEVELOPMENT, WITH ASSOCIATED CHANGES TO AUTHORIZED USES IN DIVISION 38.310 PERMITTED USES, AMEND 2.05.3000 ESTABLISHED – POWERS AND DUTIES, AMEND 38.200.010 REVIEW AUTHORITY, AMEND 38.200.100 BUILDING PERMIT REQUIREMENTS, TO REPEAL AND REPLACE 38.220.120 PLANNED UNIT DEVELOPMENT SUBMITTAL REQUIREMENTS, AMEND 38.220.420 NOTICE REQUIREMENTS FOR APPLICATION PROCESSING, AMEND 38.230.030 SPECIAL DEVELOPMENT PROPOSALS, AMEND 38.250.050 DEVIATIONS, AMEND 38.250.070 ZONING VARIANCES, AMEND 38.250.080 SUBDIVISION VARIANCES, AMEND 38.270.030 COMPLETION OF IMPROVEMENTS, AMEND 38.300.020 USE DISTRICTS DESIGNATED, ZONING MAP ADOPTED, AMEND 38.300.100.A RESIDENTIAL ZONING DISTRICTS, AMEND TABLE 38.310.030.B PERMITTED ACCESSORY AND NON-RESIDENTIAL USES IN RESIDENTIAL ZONING DISTRICTS, AMEND TABLE 38.310.040.E PERMITTED PUBLIC, REGIONAL, RECREATIONAL, CULTURAL AND ACCESSORY USES IN COMMERCIAL, MIXED-USE, AND INDUSTRIAL ZONING DISTRICTS, AMEND 38.350.030.D USE OF LANDS; BUILDINGS AND STRUCTURES, AMEND 38.350.050.D SETBACK AND HEIGHT ENCROACHMENTS, LIMITATIONS, AND EXCEPTIONS, AMEND TABLE 38.370.030 USES WITHIN DISTRICTS AND REQUIRED REVIEW PROCEDURES, AMEND 38.400.020 STREET AND ROAD DEDICATION, CREATE NEW DIVISION 38.440 LEGACY PLANNED UNIT DEVELOPMENTS, AMEND 38.550.050.M PLANNED UNIT DEVELOPMENT OPEN SPACES, AMEND 38.560.060.B SIGNS PERMITTED UPON THE ISSUANCE OF A SIGN PERMIT, AMEND 38.700.050 D DEFINITIONS, AMEND 38.700.080 G DEFINITIONS, AMEND 38.700.150 P DEFINITIONS, AMEND 38.310.060. SUPPLEMENTAL USE PROVISIONS FOR THE RESIDENTIAL EMPHASIS MIXED-USE ZONING DISTRICT, AMEND 38.330.020. REMU DISTRICT—SPECIAL STANDARDS AND ESTABLISH AN EFFECTIVE DATE, APPLICATION 22133. 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 83 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 2 of 56 WHEREAS, after proper notice, the Bozeman Zoning Commission held a public hearing on June 27, 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 elements of application No. 22133 related to Planned Unit Developments, be approved with amendments addressing public benefits; and WHEREAS, after proper notice, the City Commission held its public hearing on July 12, 2022, to receive and review all written and oral testimony on the proposed amendments; and WHEREAS, the City Commission has reviewed and considered the applicable amendment criteria established in Montana Code Annotated §§ 76-2-304, 76-3-102 and 76-3-501 and found that the proposed amendments would be in compliance with the criteria; and WHEREAS, the City Commission identified that an amendment to expand the scope of public benefits is appropriate and consistent with the initial intent of the ordinance and 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 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. 2. The City adopted a growth policy, the Bozeman Community Plan 2020 (BCP 2020), by Resolution 5133 to establish policies for development of the community. 3. Zoning and subdivision regulations must be in accordance with the adopted growth policy. 4. The City accepted as a basis for housing implementation actions an amended Community Housing Action Plan by Resolution 5143. 5. The City undertook a public process to review and consider possible revisions to the City zoning regulations with the intent to remove potential barriers and to encourage creation of 84 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 3 of 56 additional housing and especially housing which accomplishes community aspirations identified in the growth policy and the Community Housing Action Plan. 6. The City Commission conducted a work session on March 1, 2022 to receive public comment, consider alternative options, and provide direction to Staff. 7. A staff report analyzing the required criteria for an amendment to the City’s regulations for zoning review, including accordance to the Bozeman Community Plan 2020, and required criteria for zoning regulations has found that the required criteria of Montana Code Annotated §§ 76-1-304 are satisfied. 8. The necessary public hearings were advertised as required in state law and municipal code and all persons have had opportunity to review the applicable materials and provide comment. 9. The City Commission considered the application materials, staff analysis and report, recommendation of the Community Development Board acting in their capacity as the municipal Zoning Commission, all submitted public comment, and all other relevant information. 10. The City Commission determines that, as set forth in the staff report and incorporating the staff findings as part of their decision, the required criteria for approval of this ordinance have been satisfied. 11. The City Commission determines that the ordinance provides a proper balance of interests, rights, and responsibilities of all parties affected by the ordinance. 12. The City Commission determines that the new approach for planned unit developments provides a superior outcome compared to the existing planned unit development regulations. 13. The City Commission determines that the proposed ordinance conforms to all Montana laws. 14. The City Commission determines that establishing planned unit developments as independent zoning districts provides flexibility for individual projects without jeopardizing predictability and uniformity to other zoning districts. 15. The City Commission determines that the public benefits required with a planned unit development as revised in the amendments provide a superior outcome for the public health, safety, and welfare compared to the prior alternatives for a planned unit development to demonstrate public benefit. 16. The City Commission determines that the flexibility offered with the planned development zone is proportionate to the public benefits required. 85 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 4 of 56 Section 2 That 2.05.3000 Established –Powers and duties, of the Bozeman Municipal Code be amended as follows: Sec. 2.05.3000. Established—Powers and duties. A. The community development board established pursuant to Resolution No. 5330 shall act as the design review board for all purposes under this Code. The design review board (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, subject to the provisions of chapter 38. B. The DRB shall act as an advisory body to the review authority f or: 1. Development applications meeting one or more of the thresholds of section 38.230.040.C.; 2. Planned unit developments; and 3. Appeals from ADR decisions. C. The DRB may develop, and after adoption by the city commission, apply specific guidelines adopted by the city commission related to such concerns as architectural appearance, landscape design and signage for the construction and/or alteration of structures, sites or areas; D. When proposals for reuse, change in use or further development of a site are located in the neighborhood conservation overlay district, review by the DRB may be required to determine whether resubmittal as a new application is necessary in accordance with section 38.230.160.; E. The DRB may be requested to review the following development projects within the neighborhood conservation overlay district: new construction, alterations to existing structures, movement of structures into or out of the neighborhood conservation overlay district, or demolition of structures by any means or process in accordance with 38.340.A. F. The DRB must review any tax abatement or other incentive programs being considered by the city commission that are designed to stimulate preservation and rehabilitation of structures and properties with the neighborhood conservation district, and to review any proposed action or development utilizing these abatement or incentive programs in accordance with section 38.340.020. Section 3 That 38.200.010, Review authority, of the Bozeman Municipal Code be amended as follows: Sec. 38.200.010. Review authority. A. The city commission has the authority to review and require revisions to all development proposals subject to this chapter, and delegates that authority in certain circumstances as set forth below. The purpose of this review is to prevent demonstrable adverse impacts of the 86 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 5 of 56 development upon public safety, health or general welfare, or to provide for its mitigation; to protect public investments in roads, drainage facilities, sewage facilities, water facilities, and other facilities; to conserve the value of adjoining buildings and/or property; to protect the character of the city; to protect the right of use of property; advance the purposes and standards of this chapter and the adopted growth policy; and to ensure that the applicable regulations of the city are upheld. 1. The city commission retains to itself under all circumstances the review of the following: a. Subdivisions which do not qualify as a subdivision exemption per article 2 of this chapter; b. Amendments to the text of this chapter or amendment to the zoning map including planned development zones per 38.430.090; c. Requests for cash-in-lieu of parkland dedications, except: (1) In the B-3 zone district; or (2) When by resolution the city commission delegates decisions on cash-in-lieu for development for which it would not otherwise be the review authority. d. Extensions of subdivision preliminary plat approvals for periods greater than two years; e. Planned unit development preliminary plans and major amendments to planned unit developments; e.f. Appeals from administrative interpretations and final project review decisions; f g. Approval of preliminary park master plans when associated with a development for which the city commission is the review authority; g h. Large scale retail per section 38.360.160; h i. More than two deviations or where deviation is for more than 20 percent of standard. i. Conditional use permits when no board of adjustment is established; j. More than two deviations or where deviation is for more than 20 percent of standard. 2. The city commission conducts a public hearing for applications under 76-2-402, MCA. B. The community development director must, upon recommendation from the applicable advisory bodies approve, approve with conditions or deny all applications subject to this chapter except those listed below. Decisions of the community development director are subject to the appeal provisions of division 38.250 of this chapter. 1. Projects excluded from community development director review: a. Those applications specifically reserved to another approval authority as stated in this section; 87 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 6 of 56 b. Development of city property which does not conform to all standards of this chapter; c. Any application involving variances from this chapter; 2. Exception. The city commission may, by an affirmative, simple majority vote of its members at a regularly scheduled meeting reclaim to itself the final approval of a development application normally subject to the approval of the community development director. The vote must occur prior to the action of the community development director. C. When a board of adjustment has been appointed per section 2.05.2800, the board of adjustment must, upon recommendation from the applicable advisory bodies approve, approve with conditions or deny those applications specifically delegated to it by the city commission. Decisions of the BOA are subject to the appeal provisions of division 38.250 of this chapter. 1. Exception. The city commission may, by an affirmative vote of three of its members at a regularly scheduled meeting reclaim to itself the final approval of a development normally subject to the approval of the board of adjustment. The vote must occur prior to the action of the board of adjustment. D. The city engineer must review and upon recommendation from the applicable advisory bodies when as needed approve, approve with conditions or deny the following site elements and processes: 1. The placement of private utility easements within public rights-of-way owned or controlled by the city; 2. Specifications and modifications therefrom for paving of streets and parking areas; 3. The waiver of required information per subparagraph 38.220.080.A.2.i(3); 4. Requirement for a traffic impact analysis and determination of its contents per subparagraph 38.220.120.A.2.c(5); 51. Site access and storm water for reuse and further development per section 38.230.160.B; 6. Modifications in required completion time for subdivision improvements per subparagraph 38.270.030.B.1; 7. The use of a financial guarantee for paving of streets per paragraph 38.270.060.C; 2. Location of storm water facilities within neighborhood centers per section 38.410.020; 3. The placement of private utility easements within public rights-of-way owned or controlled by the city; 4. The maximum length of dead end water mains per section 38.410.070; 5. The maximum length of service lines per section 38.410.070; 6. Exceptions to storm water controls per section 38.410.080; 7. All modifications or proposed standards in section 38.400.010 except subparagraph 38.400.010.A.1, Relation to undeveloped areas; 88 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 7 of 56 8. Plans and specifications for public infrastructure and infrastructure to be granted to the public per 38.400.060, Street improvement standards paragraphs A and B.1-3; 9. Alternate curb return radii per subparagraph 38.400.090.C.3; 10. Locations and modifications to drive accesses to public streets per paragraphs 38.400.090.G and H; 11. Street improvement standards and modifications therefrom per section 38.400.060; 1012. Departures for street vision triangles per section 38.400.100; 11. Exceptions to storm water controls per section 38.410.080; 12. Exceptions or modifications to installation of bikeways and boulevard trails per section 38.400.110.E; 13. Backing into alleys, parking stall aisle and driveway design for surfacing and curbing per paragraphs 38.540.020.D, F and J; 14. Protection of landscape areas per paragraph 38.550.050.H; 15. All actions required of the flood plain administrator per article 6 of this chapter; 16. Modifications in required completion time for subdivision improvements per subparagraph 38.270.030.B.1; 17. The use of a financial guarantee for paving of streets per paragraph 38.270.060.C; 18. The waiver of required information per subparagraph 38.220.080.A.2.i(3); 19. Requirement for a traffic impact analysis and determination of its contents per subparagraph 38.220.120.A.2.c(5); 20. Specifications and modifications therefrom for paving of streets and parking areas; 21. Designation of street classifications for collectors and arterials not shown in the long range transportation plan; and 22. Alternate parking angles for surface and structured parking stall configurations listed in Table 38.540.020. All other numeric standards apply. 23. Exceptions or modifications to installation of bikeways and boulevard trails per section 38.400.110.E; E. The director of utilities public works must review and upon recommendation from the applicable advisory bodies as needed approve, approve with conditions or deny the following development elements and processes: 1. Payment of cash in-lieu of capital facilities for utilities per section 38.270.070.C; 2. Location of storm water facilities within neighborhood centers per section 38.410.020; 31. Waiver of the requirement to extend water, sewer, and streets to the perimeter of property being developed per section 38.410.070; 4. The maximum length of dead end water mains per section 38.410.070; 5. The maximum length of service lines per section 38.410.070; and 89 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 8 of 56 62. Provision of water rights as authorized in section 38.410.130; 3. Subject to section 38.400.060, exceptions to the level of service standards established in section 38.400.060.B.4; 4. Payment of cash in-lieu of capital facilities established in section 38.270.070.C; and 5. Acceptable alternative sidewalk design or materials per section 38.400.080. F. The director of transportation and engineering must review and upon recommendation from the applicable advisory bodies as needed approve, approve with conditions or deny the following development elements and processes: 1. Payment of cash in-lieu of capital facilities for streets and transportation per 38.270.070.C. 2. All modifications or proposed standards in section 38.400.010; 3. Departure for street cross section in section 38.400.020. 4. Subject to section 38.400.060, exceptions to the level of service standards established in section 38.400.060.B.4; 5. Street improvement standards and modifications therefrom per section 38.400.060; 6. Acceptable alternative sidewalk design or materials per section 38.400.080; 7. Locations and modifications to drive accesses to public streets per paragraphs 38.400.090.G and H; 8. Alternate parking angles for surface and structured parking stall configurations listed in Table 38.540.020. All other numeric standards apply; and 9. Designation of street classifications for collectors and arterials not shown in the long range transportation plan; G F. The director of parks and recreation must review, and as needed approve, approve with conditions or deny the following development elements and processes: 1. Determine the classification of recreation pathways per section 38.420.110.D. 2. Approve final park plans. 3. Approve preliminary park plans when a development is subject to approval by the director of community development. 4. Approval of calculations of cash-in-lieu of parkland amounts for development of property when: a. The initial dedication of land per section 38.420.020 has been provided; b. Money to be paid is to address mitigation of recreation impacts above the minimum land dedication; and c. A park master plan has been approved for the park servicing the land to be developed. 90 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 9 of 56 H G.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. I 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. 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 4 That 38.200.100, Building permit requirements, of the Bozeman Municipal Code be amended as follows: Sec. 38.200.100. Building permit requirements. A. No building or other structure may be erected, moved, added to or structurally altered and no land use may be changed without valid permits as prescribed in this division. 1. Only minor site surface preparation and normal maintenance is allowed prior to conditional approval by the appropriate review authority and the issuance of a building permit, provided such activity does not include excavation for foundations or the removal of mature, healthy vegetation. Minor site surface preparation means disturbing less than one-half acre, movement of 30 cubic yards or less of material, or a cut or fill of less than cumulative one foot whichever is less. Any excavation and site disturbance must be in conformance with an approved stormwater control plan. No excavation of foundations or setting of forms can commence until final site or sketch plan approval has been granted and until building permits have been issued. Proceeding prior to building permit issuance is at the hazard of the landowner. a. Exception:When construction and funding of public streets are occurring under the provisions of division 38.430 of this chapter, Planned unit development (PUD), tThe issuance of building permits may be allowed prior to completion of infrastructure improvements, pursuant to the provisions established in division 38.270. of this chapter. 2. Building permit. Within the limits of the city, building permits must be obtained as provided by section 10.02.020. 91 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 10 of 56 3. Based upon an approved sketch, site plan, certificate of appropriateness, or conditional use permit or planned unit development (hereinafter referred to as "plan"), and after any appeals have been resolved, a building permit for the site may be requested and may be granted, provided such building permit is granted within one year of plan approval. Prior to lapse of one year, the applicant may seek an extension as allowed in divisions 38.230 and 38.430. Section 5 That 38.220.120, Planned unit development submittal requirements, of the Bozeman Municipal Code be deleted in its entirety and replaced as follows: 38.220.120 Planned development zone general plan and final plan submittal requirements The following information must be presented in a PDZ general development plan for the entire property in an application for a PDZ rezoning, unless the review authority determines that one or more of the items is not necessary in light of the size, location, availability of existing services, or information already available to the city related to the proposed development: A. An application form and required application fee. B. One or more map or drawings showing (1) the existing conditions on-site and within 200 feet of the project boundary, and (2) the proposed final conditions for each of the following at a concept level of detail. Final plans, studies, and engineering detail will be required with applications for Final Development Plans. 1. Site boundaries (with dimensions and legal description); 2. Site topography (including existing features to be retained); 3. Watercourses, wetlands, agricultural water user facilities, irrigation facilities, and floodplain boundaries; 3. General land uses, including maximum number and unit type of dwelling units and maximum gross floor area of non-residential land uses for each portion of the property; 4. General lot and street network and access points to arterial and collector streets and current transit facilities and routes; 5. General locations of trails, bicycle paths, and ped estrian ways; 6. General location of parks and open space network; 7. General landscaping plan for public areas, property boundaries, and proposed street frontages; 8. General Sstorm drainage retention/detention areas, and stormwater design plan; and 9. General locations of major water and sewer line locations and utility easements. 10. General phasing sequence and boundaries. 92 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 11 of 56 C. A map identifying a reference base district for each portion of the PDZ property, and a narrative explanation of any standards in each respective reference base district requested by the applicant that are to be adjusted or waived in that area, the extent of adjustment or waiver requested, and any non-standard uses proposed to be included; D. Acknowledgement that any reference base district standards or other standard not explicitly modified by the PDZ is subject to change if the reference base district is amended. E. If phasing of development is proposed, a separate phasing plan with phases clearly identified; F. An explanation of the proposed land use and development density or intensity for each portion of the site and a calculation of each proposed land use as a percent of total site area; and. G. Any additional information needed to confirm that the application meets the eligibility requirements in 38.430.050.A through E for the type of PDZ being requested, as determined by the review authority. F. The general or final plan must include revised documents necessary to demonstrate how the general and final plan addresses previous review comments and conditions of approval of the general plan and a written narrative stating how each of the conditions of approval and noted code provisions or other demonstrations of compliance with standards have been satisfactorily addressed. This narrative must be in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal. G. The final plan must clearly identify the standards established through the PDZ that differ from the reference base district. The final plan must acknowledge in writing that any reference base district standard not explicitly established through the PDZ is subject to amendment and revision as the reference base district is amended. If the base district is later removed from the municipal code the city will apply the district which by the city’s determination is the most similar district. Section 6 That Table 38.220.040 of 38.220.420, Notice requirements for application process, of the Bozeman Municipal Code be amended as follows with all other elements of the section remaining as presently written: Table 38.220.420 Minimum standards for timing, location of noticing area and type of notice. Application Distance Notice Type Text amendment NA Newspaper Zone Map Amendment - rezoning, or with annexation, or as planned development zone 200 Newspaper, post on- site, mail 1st class 93 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 12 of 56 Zone Map Amendment - Resulting from ordinance changes None Newspaper Variance - Floodplain and zoning 200 Newspaper, post on- site, mail 1st class Noticing for 76-2-402, MCA claims None Newspaper, post on- site Deviation 200 Newspaper, post on- site, mail 1st class Appeals of Administrative Project Decisions 200 Newspaper, post on- site, mail 1st class Appeals of Administrative Interpretations None Newspaper Sketch plan/reuse/change in use/further development None None Sketch plans for adding dwellings in the neighborhood conservation overlay district, demolition of historic structures as defined in article 7 of this chapter, or modification of wetlands. None Post on-site Informal/concept plan None None Preliminary site plan and master site plan 200 Post on-site, mail 1st class Preliminary Planned Unit Development 200 Newspaper, post on- site, mail 1st class Conditional Use Permit / Special Use Permit 200 Newspaper, post on- site, mail 1st class Floodplain permit 200 Newspaper, mail 1st class Certificate Of Appropriateness None None Subdivision exemption None None Subdivision subject to 76-3-616 MCA including subdivision or other variances 200 Post on-site, mail 1st class Subdivision subject to 76-3-623 MCA 200 Newspaper, post on- site, certified mail to adjacent owners, mail 1st class all others Notice of violation per 38.200.160 None Certified mail to landowner 94 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 13 of 56 Section 7 That 38.230.030, Special development proposals—Additional application requirements, review procedures and review criteria, of the Bozeman Municipal Code be amended as follows: Sec. 38.230.030. Special development proposals—Additional application requirements, review procedures and review criteria. A. Application requirements. Applications for special development proposals (e.g. PUD, CUP, flood plain development permits, variances, etc.) must include: 1. The required information for plans described in section 38.220.080; 2. Any additional application information required for specific reviews as listed in the following divisions of this chapter: a. Division 38.430, Planned Unit Development; b a. Division 38.360, Standards for Specific Uses; c b. Division 38.370, Telecommunications; d c. Division 38.600, Bozeman Floodplain Regulations; and e d. Division 38.250, Appeals, Deviations and Variance Procedures. B. Review procedures and review criteria. Additional review procedures and review criteria for specific development proposals are defined in the following sections and divisions of this chapter: 1. Section 38.230.080, Certificate of appropriateness; 2. Section 38.230.110, Conditional use; 3. Section 38.230.120, Special use permit; 4. Division 38.430, Planned Unit Development; 5. Division 38.360, Standards for Specific Uses; 6.5. Division 38.370, Telecommunications; 7.6. Division 38.600, Floodplain Regulations; and 8.7. Division 38.250, Appeals, Deviations and Variance Procedures. Section 8 That 38.250.050, Deviations, of the Bozeman Municipal Code be amended as follows: Sec. 38.250.050. Deviations. All requests for deviations in the neighborhood conservation overlay district or through the PUD process must be heard by the review authority established in section 38.200.010. Deviations may only be applied for in conjunction with submittal of a development proposal of a type authorized by divisions 38.230 and 430 of this chapter. Standards and criteria for award of deviations are contained in divisions 38.340 and 430 of this chapter. The granting of a deviation is an exercise of 95 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 14 of 56 administrative power that can effect no change in the chapter. A deviation may be granted only in a specific instance permitting a nonconformity in order to accomplish the specific objectives of sections 38.340.070 and 38.430.030.D, and provided the standards and criteria imposed are met. Deviations must not be granted for relief from procedural requirements, or to waive or vary the application of an ordinance provision imposing specific safety requirements, or to waive or vary the application of other ordinances or statutes. Section 9 That Paragraph A of 38.250.070, Zoning variances, of the Bozeman Municipal Code be amended and Paragraph G of 38.250.070 be created as follows with all other elements of the section remaining as presently written: D. Authorization and limitations on approval. 1. The review authority may, after public notice, opportunity for public comment, and consideration of the application, deny, approve or conditionally approve all requests for variances meeting all the criteria of this section, including: a. Requests to modify dimensional or other numerical requirements of this chapter; b. Requests for multiple variances; c. Requests to modify flood hazard district requirements subject to the provisions of article 6 of this chapter, except that no variance may be granted to allow construction of buildings within the floodway of a 100-year frequency flood as defined in title 76, chapter 5, Montana Code Annotated (MCA 76-5-101 et seq.); and d. Requests for variances in conjunction with conditional use permits. Approvals of all such variances must be conditioned upon review authority approval of the conditional use permit. 2. The scope and extent of the variance must be limited to the minimum relief necessary to provide reasonable use of the property. 3. In no case may the review authority grant variances to allow uses not already permitted pursuant to this chapter or alter administrative requirements of this chapter. Permission to change uses allowed on a parcel may be sought through a zone map amendment, or an amendment to the text of the applicable zoning district, or through a planned unit development subject to division 38.430. 4. Notifications of approval for variances related to flood hazard requirements of article 6 of this chapter must notify the applicant that: a. The issuance of a variance to construct a building below the 100-year floodplain elevation will result in increased premium rates; and b. Such construction below the 100-year flood elevation increases risks to life and property. … 96 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 15 of 56 G. Planned development zone. Where the standards and requirements of this chapter are proposed to be modified through a planned development zone, the applicable process is a review of a planned development zone rather than a variance. Section 10 That Paragraph F of 38.250.080, Subdivision variances, of the Bozeman Municipal Code be amended as follows with all other elements of the section remaining as presently written: F. Planned development zoneunit development. Where the standards and requirements of this chapter are proposed to be modified through a planned development zoneunit development, the applicable process is a deviation review of a planned development zone rather than a variance. Section 11 That Paragraph D of 38.270.030, Completion of improvements, of the Bozeman Municipal Code be amended as follows with all other elements of the section remaining as presently written: D. Exception for concurrent construction. In certain circumstances, the issuance of a building permit may be allowed prior to completion of the public infrastructure, provided that the following criteria are met: 1. The city will have an opportunity to review and approve future proposed development through a site plan review or planned unit development development is using the incentives of 38.380.030; 2. The property owner must enter into an improvements agreement to ensure the installation of required infrastructure and other applicable improvements, to be secured by any security or securities found in section 38.270.080. If a financial security is used, the amount will be determined by the city and in an amount not less than 150 percent of the cost of the improvements verified against city publicly bid unit prices, where such are available. If no publicly bid unit prices are available, any cost estimate acceptable to the city may be used. The security must be in the name of the city and must be at least six months longer than the time of performance required by the improvements agreement; 3. Improvements must be complete within two years of the date of the improvements agreement; 4. Approval of the final engineering design, including location and grade, for any public infrastructure must be obtained from the engineering department, and the Montana Department of Environmental Quality when applicable, prior to issuance of any building permit for the development; 97 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 16 of 56 5. Building permits may be issued incrementally, dependent upon the status of installation of the infrastructure improvements. All building construction within the development must cease until required phases of infrastructure improvements as described in the improvements agreement have been completed, and inspected and accepted by the city; 6. The developer must provide and maintain hazard and commercial general liability insurance. Insurance policies must not be cancelled without at least 45 days prior notice to the city. The commercial general liability policy must name the city as an additional insured. The developer must furnish evidence, satisfactory to the city, of all such policies and the effective dates thereof; 7. The developer must recognize, acknowledge and assume the increased risk of loss because certain public services do not exist at the site; 8. If public funds or other third party funding will be used to fund all or part of the installation of infrastructure, the improvements agreement between the developer and the city must identify the type or types of predetermined infrastructure funding. Public or third party funding may include, but is not limited to reimbursement, payment up front, creation of a special improvements district, or grants; 9. No occupancy of any structures or commencement of any use constructed or proposed within the boundaries of the development will be allowed until required infrastructure improvements have been completed, inspected, and accepted by the city, and a certificate of occupancy has been issued; a. No occupancy of structures or commencement of any use is allowed when such action would constitute a safety hazard in the opinion of the city; 10. The developer must enter into an agreement with the city to address the provision of any services on an interim basis during construction, if deemed appropriate; 11. The developer must execute a hold harmless and indemnification agreement indemnifying, defending and holding harmless the city, its employees, agents and assigns from and against any and all liabilities, loss, claims, causes of action, judgments and damages resulting from or arising out of the issuance of a building permit under this section; 12. The developer must pay for any extraordinary costs associated with the project which the city may identify, including, but not limited to, additional staff hours to oversee the planning, engineering and construction of the project and infrastructure improvements, inspection of the infrastructure improvements and any extraordinary administrative costs; 13. The development must be under the control of a single developer and all work must be under the supervision of a single general contractor. The developer and general contractor must agree that there must be no third-party builders until required infrastructure improvements have been completed, and inspected and accepted by the city; and 14. Subsequent to preliminary plat or plan approval, a concurrent construction plan, addressing all requirements of this section, must be submitted for review and approval 98 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 17 of 56 of the community development director in consultation with the city engineer and with a recommendation from the development review committee. Section 12 That Paragraph A of 38.300.100, Residential zoning districts – intent and purpose, of the Bozeman Municipal Code be amended as follows with all other elements of the section to remain as presently written: A. Residential suburban district (R-S). This district is not available for newly created subdivisions, undeveloped land, or any land annexed into the city on or after January 1, 2018. The intent and purpose of the R-S residential suburban district is to commemorate and preserve existing RS zoning only. These purposes are accomplished by: 1. Subdivision and site plan developments in this district are subject to the provisions of division 38.430 of this chapter, pertaining to planned unit development, and shall be developed in compliance with the adopted city growth policy. 1 2. Allowing permitted uses in circumstances where environmental constraints limit the desirable density. 2 3. Providing for a minimum lot size in developed areas consistent with the established development patterns while providing greater flexibility for clustering lots and housing types in newly developed areas. 4. This district is not available for newly created subdivisions, undeveloped land, or any land annexed into the city on or after January 1, 2018. Section 13 That 38.300.020, Use districts designated, zoning map adopted, of the Bozeman Municipal Code be amended as follows: Sec. 38.300.020. Use districts designated, zoning map adopted. A. The city is divided into zones, or districts, as shown on the official zoning map which, together with all explanatory matter thereon, is adopted by this reference and declared to be a part of this chapter. B. The purpose statements for each zone and map designation set forth in part 2 of this division shall be used to guide the application of the zones and designations to all lands in the city. The purpose statements also shall guide interpretation and application of land use regulations within the zones and designations, and any changes to the range of permitted uses within each zone through amendments to this title. For the purpose of this chapter, the city is divided and classified into the following use districts: 99 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 18 of 56 R-S Residential Suburban District R-1 Residential Low Density District R-2 Residential Moderate Density District R-3 Residential Medium Density District R-4 Residential High Density District R-5 Residential Mixed-Use High Density District R-O Residential-Office District RMH Residential Manufactured Home Community District B-1 Neighborhood Business District B-2 Community Business District B-2M Community Business District - Mixed B-3 Downtown Business District UMU Urban Mixed-Use District M-1 Light Manufacturing District M-2 Manufacturing and Industrial District B-P Business Park District PLI Public Lands and Institutions District NEHMU Northeast Historic Mixed-Use District NC Neighborhood Conservation Overlay District REMU Residential Emphasis Mixed-use District PDZ Planned Development Zone 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. Section 14 That Table 38.310.030.B, Permitted accessory and non-residential uses in residential zoning districts, of the Bozeman Municipal Code be amended as follows with all other elements of the section to remain as presently written: Table 38.310.030.B Permitted accessory and non-residential uses in residential zoning districts Table clarifications: 1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; 100 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 19 of 56 — = 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 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 Accessory uses Essential services Type I* A A A A A A A A Guest house* A A A A A A A — Home-based businesses (38.360.150)* A/S A/S A/S A/S A/S A/S A/S A/S Other buildings and structures typically accessory to authorized uses A A A A A A A A Private or jointly owned recreational facilities A A A A A A A A Signs*, subject to article 5 of this chapter A A A A A A A A Temporary buildings and yards incidental to construction work A A A A A A A A Temporary sales and office buildings A A A A A A A A Non-residential uses Agricultural uses* on 2.5 acres or more (38.360.270) P — — — — — — — Agricultural uses* on less than 2.5 acres (38.360.270) C — — — — — — — Bed and breakfast* C C C C P P P — Commercial stable (38.360.230) C — — — — — — — Community centers* C C C C C C P C Day care centers* S S S P P P P S 101 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 20 of 56 Essential services Type II* P P P P P P P P Essential services Type III*2 C C C C C C C C Short Term Rental (Type 1)* P P P P P P P — Short Term Rental (Type 2)* — — P P P P P — Short Term Rental (Type 3)* — — — — — — — — General service establishment* — — — — — — P5 — Golf courses C C — — — — — — Offices* — — — — S3 S3 P — Public and private parks P P P P P P P P Medical offices, clinics, and centers* — — — — C C3 P — Recreational vehicle parks (38.360.210)* C — — — — — — P Restaurant* — — — — — P4 P5, 6 — Retail* — — — — — P4 P5, 6 — Uses approved as part of a PUD per division 38.380 of this article C C C C C C C C Veterinary uses 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. Only allowed when service may not be provided from an alternative site or a less intensive installation or set of installations. 3. Only when in conjunction with dwellings. 4. Subject uses are limited to 2,500 square feet of gross floor area and only allowed on street corner sites within a mixed-use building featuring residential units next to and/or above subject uses. 5. Subject uses are limited to 1,500 square feet of gross floor area per individual tenant. 6. These uses may not include drive-through facilities. Section 15 102 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 21 of 56 That Table 38.310.040.E, Permitted public, regional, recreational, cultural and accessory uses in commercial, mixed-use, and industrial zoning districts, of the Bozeman Municipal Code be amended as follows with all other elements of the section to remain as presently written: Table 38.310.040.E Permitted public, regional, recreational, cultural and accessory uses in commercial, mixed- use, and industrial 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 standards 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. If there are multiple numbers, then the use is subject to all applicable development conditions. 5. Where a number with a "sf" reference appears below a P or C in the box, it means that the use is permitted or conditionally permitted up to the (maximum) listed square footage in gross building area. Uses Zoning Districts Commercial Mixed Use Industrial PLI B- 11 B- 2 B- 2 M B- 3 UMU (38.310 .050) REMU (38.310 .060) NEHM U2 B P M -1 M -2 Public, educational, government and regional Business, trade, technical or vocational school — P P P3 P P P P P P — Cemeteries* — — — — — — — — — — P Essential services (38.360.130) • Type I A A A A A A A A A A A • Type II P P P P3 P P P P P P P • Type III C4 P P C3 , 4 C C4 P C P P P P Meeting hall — P P P P P — — — — — Production manufacturing and generation — — — — — — — — — S — 103 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 22 of 56 facilities (electric and gas) Public and nonprofit, quasi- public institutions, e.g. universities, elementary junior and senior high schools and hospitals — — — — — — — — — — P Public buildings and publicly owned land used for parks, playgrounds and open space P — P — P P P P P P P P P Solid waste transfer station — — — — — — — — — C P Solid waste landfill — — — — — — — — — — C Truck, bus and rail terminal facilities — — — — — — P — P P — Recreational, cultural and entertainment Adult business (38.360.050)* — — — — — — — — P P — Amusement and recreational facilities — P P — P — P — P C — Arts and entertainment center* P P P P P P 12,000s f — — — — — Casinos — — — — — — — — C C — Community centers (38.360.090)* P P P P P P P P P P P Accessory and/or other uses Agricultural uses* — — — — — — — — — P — 104 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 23 of 56 Home-based businesses (38.360.150)* A A A A A A A A A A — Other buildings and structures (typically accessory to permitted uses) A A A A A A A A A A A Temporary buildings and yards incidental to ongoing construction work — — — — — — A A A A — Any use, except adult businesses and casinos, approved as part of a planned unit development subject to the provisions of division 38.430 C C C C C C C C5 C5 C5 — Notes: 1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet. 2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (some of which aren't addressed in this table). 3. Use not allowed on the ground floor of buildings in the downtown core (those properties along Main Street from Grand Avenue to Rouse Avenue and from the alley one-half block north of Main Street to the alley one-half block south of Main Street) unless visitor access is available from an alley and another use not subject to this footnote is present to a minimum depth of 20 feet from the front building façade adjacent to a street. 4. Only allowed when service may not be provided from an alternative site or a less intensive installation or set of installations. 5. Also excludes retail, large scale uses. Section 16 That Paragraph D of 38.350.030, Use of lands; buildings and structures, of the Bozeman Municipal Code be amended as follows with all other elements of the section remaining as presently written: D. Municipal infrastructure requirements. 1. Whenever any building lots and/or building sites are created inside the city limits or existing lots are annexed, and prior to the issuance of any building permits on such lots or sites, municipal water distribution, municipal sanitary sewer collection, and streets must be provided to the site. Each building site must utilize and be connected to both the municipal water distribution and municipal sanitary sewer collection systems. Installation of improvements is subject to division 38.270 of this chapter. 105 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 24 of 56 a. Alternative. When, in the city's sole determination, it is in the city's long term best interests to allow a building lot or site to be created or developed without immediate access to either municipal water or municipal sewer the city may, at its sole discretion, make such allowance when all of the following have been met: (1) The non-municipal system to service the lot or site must be designed, reviewed and constructed to meet city standards. Systems serving more than one lot or user must be central systems; (2) The non-municipal system must be designed and constructed in a manner to allow connection to the municipal system components shown in applicable facility plans to serve the property at such time as it becomes available; (3) The landowner must provide waivers of right to protest creation of special improvement districts or other financing methods to extend municipal water and sewer services. Such extensions or connections may require construction of system components that are not immediately adjacent to the building lot or site; (4) The landowner must agree to connect to municipal water and sewer services and abandon and remove non-municipal services when so instructed by the city. Such agreement must be binding on all successors and run with the land; (5) If the city takes responsibility to operate the non-municipal system it may impose a surcharge to cover extra operational expenses. City operation of the system is at the city's discretion; (6) The requirement for future connection to the municipal water and/or sewer system, waivers and agreements, and other applicable materials must be either noted on the plat or final plan or a separate notice be recorded at the county clerk and recorder's office so that such notice will appear on a title report or abstract of the property; (7) No non-municipal water or sewer systems must be constructed until all necessary approvals from the state department of environmental quality, City of Bozeman, county health department, and any other relevant agency have been received; and (8) The use of municipal water or sewer systems is considered to be the best means to protect the public interest and welfare. The alternative for the use of non-municipal systems is intended to be used sparingly and in extraordinary circumstances. In order to protect the public interest, in approving a non- municipal system the city may impose such conditions of approval as it deems necessary. 2. These improvements must be designed, constructed and installed according to the standards and criteria as adopted and approved by the city prior to the issuance of any building permits. 106 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 25 of 56 3. When municipal water distribution and municipal sanitary sewer collection systems are being provided to serve a development proposal occurring under the provisions of division 38.430, planned unit development (PUD), tThe issuance of a building permit may be allowed prior to completion of the public infrastructure, provided the criteria, standards, and limitations of section 38.270.030 are met. 4. Notwithstanding the provisions of subsection D.3 of this section, the city may limit the scope, type and number of projects eligible for simultaneous construction consideration. Section 17 That Paragraph D of 38.350.050, Height limitation exceptions, of the Bozeman Municipal Code be amended as follows with all other elements of the section remaining as presently written: D. Height limitation exceptions. 1. Non-specific exemptions. No building, or part thereof, or structure must be erected, reconstructed or structurally altered to exceed in height the limit herein designated for the district in which such building is located, except as is specified in division 38.250 of this chapter., or as specifically authorized as an approved condition of a planned unit development. Such approved conditions must include the recommendations of the city fire marshal. 2. Specific exemptions. a. Height limitations do not apply to church spires, belfries, cupolas and domes; monuments; chimneys and smokestacks; flag poles; public and private utility facilities; parapet walls extending no more than four feet above the limiting height of the building except as hereinafter provided: amateur radio antennae; solar energy collectors and equipment used for the mounting or operation of such collectors; and building mounted horizontal and vertical axis wind energy collectors under 15 feet in height from the building mounting surface, and equipment used for the mounting or operation of such collectors. b. Places of public assembly in churches, schools and other permitted public and semi-public buildings may exceed height limitations otherwise established by this chapter, provided that: (1) The portion of the building that exceeds the height limit must be limited to 10 percent of the total building footprint; and (2) That for each one foot by which the height of such building exceeds the maximum height otherwise permitted in the district, its side and rear setbacks must be increased in width or depth by an additional one foot over the side and rear setbacks required in the district. c. Elevator and stair penthouses, water tanks, monitors and scenery lofts are exempt from height limitations otherwise established in this chapter, provided that no 107 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 26 of 56 linear dimension of any such structure exceed 50 percent of the corresponding street frontage line. d. Towers and monuments, cooling towers, gas holders or other structures, where the manufacturing process requires a greater height, and grain elevators and silos are exempt from this chapter, provided that any structure above the height otherwise permitted in the district must occupy no more than 25 percent of the area of the lot and must be at least 25 feet from every lot line. e. Height restrictions for wireless facilities are governed by division 38.370 of this chapter. Section 18 That 38.370.030, Uses within districts and required review procedures, of the Bozeman Municipal Code be amended as follows: Sec. 38.370.030. Uses within districts and required review procedures. A. Purpose. Thise purpose of this section authorizes is to describe the procedures under which certain telecommunication uses may be permitted as principal or conditional uses in specific districts. Unless specifically exempted by this division 38.370, all other standards and procedures of this chapter must apply. 1. The Montana Subdivision and Platting Act (MCA 76-3-101 et seq.) may require subdivision review when land interests are created by rent or lease. Depending on how the ownership and use of land for a facility subject to this division 38.370 is established, subdivision review may be required in addition to site plan review. B. No wireless facility may be permitted except in accordance with the development review processes indicated in Table 38.370.030 in subsection B.1 of this section, based on the applicable zoning district and scope of the proposed facility. Principal uses are indicated with a "P", conditional uses are indicated with a "C", accessory uses are indicated with an "A", planned unit development is indicated with a "PUD", and uses which are not permitted within the district are indicated by a "-". All applications are subject to the review processes, submittal requirements and other requirements of articles 38.230, 38.430 and 38.220 of this chapter as may be applicable. 1. Review procedures. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted. Table 38.370.030 Zoning District Large scale Small scale Micro scale Non-broadcast PLI P P A P M-2 P P A P M-1 P P A P B-P C P/C1 A P B-3 C P/C1 A P 108 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 27 of 56 B-2 C P/C1 A P B-2M C P/C1 A P B-1 C P/C1 A P UMU C P/C1 A P REMU PUD S9 P/C1 A C NEHMU P P A P R-O PUD S9 C P C R-5 PUD S9 C P C R-4 PUD S9 C P C R-3 PUD S9 C P C R-2 PUD S9 C P - R-1 PUD S9 C P - R-S PUD S9 C P C Note: 1. Conditional use review is required when the proposed facility exceeds the height limitation of the district. 2. Collocation upon a previously approved wireless facility, when such additional facilities were contemplated as part of the original review, must be reviewed as a sketch plan in all zones. 3. A wireless facility may be permitted as an accessory use in any non-residential district when: a. It is for the exclusive use of a single on-site business when the business has otherwise been approved under division 38.230 or 38.430 of this chapter, rather than offered to additional parties; b. It is in compliance with the maximum building height limitations of the zoning district; c. It complies with all setback and other zoning requirements; and d. Has eight or less square feet of total antenna surface area. 4. Installations located within the neighborhood conservation overlay district must be reviewed against the criteria of division 38.340 of this chapter as applicable, and a certificate of appropriateness is required before issuance of a building permit. 5. Prior to submitting an application for a large scale or small scale wireless facility, the applicant must request in writing a pre-application conference with the community development department. The purpose of the pre- application conference is to acquaint the participants with the applicable requirements of this division 38.370, as well as with any preliminary concerns the department may have. 6. The applicant's written request for a preapplication conference must include the following information with regard to the proposed facility: a. Location; b. Overall height; c. Number of antennas proposed, including those of other providers to be collocated; d. Type of wireless communication services to be provided; and e. Coordination of ground equipment shelters. 7. Adequate review of applications may require the city to retain consultants or other third party assistance to review an application. In such event the applicant must reimburse the city for the actual costs incurred prior to issuance of a building permit. 8. The provisions of division 38.280 of this chapter must apply for all nonconforming facilities subject to this division 38.370. 9. When demonstrated to be necessary to meet federal requirements for continuity of service in an area. Section 19 109 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 28 of 56 That 38.400.020, Street and road dedication, of the Bozeman Municipal Code be amended as follows: Sec. 38.400.020. Street and road dedication. A. General. All streets or alleys within, or providing access to, the proposed development must comply with 38.400.050, be dedicated to the public, or be privately maintained streets to be owned by the city and maintained by an approved non-city maintenance provider. property owners' association, or, if the criteria of this section are met, be a public street easement. 1. Public street easements. Public street easements must: a. Be in the city’s standard form or be approved by the city attorney's office; b. Be recorded in the county clerk and recorder's office; and c. Clearly grant to the public an unrestricted right of ingress and egress from a public street to the property to be subdivided. 2. Privately maintained public streets. a. Privately maintained streets may be required tomust have a public access easement. if deemed necessary by the city. b. If a privately maintained local street is proposed, the following standards must be met: project must be reviewed as a planned unit development. However, development proposals containing private streets are exempt from the PUD review requirement if : (1) A local private street is proposed and tThe street right of way complies would comply with the city standard of-way requirement of 60 feet, and the standard back-of-curb to back-of-curb width is of 31, 33 or 35 feet; or (2) A local private street is proposed and tThe street right of way complies would comply with the city standard right-of-way requirement of 60 feet. The back-of-curb to back-of-curb width may vary from city standards, provided that: the review authority approves a departure for the back-of- curb to back-of-curb width when: (a) An alternate street cross section is provided which provides the functional equivalent for pedestrian and vehicle travel, snow and stormwater management, and parking of motor and other vehicles. (b) A report certified by a professional engineer addressing site conditions including zoning and expected intensity of development over time, ability to accommodate unexpected intensity of development, connectivity to other streets, expected traffic volumes, site distances, spacing of accesses, turning movements, and proposed alternative means of addressing standards including but not limited to stormwater. (c) Based upon the above data, the review authority will determine whether a modification from the required standards is justified. The alternative 110 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 29 of 56 design must protect the public's health, safety and welfare, the intent of this chapter, and the intent of the city's growth policy. (d a) A permanent funding source, such as the levying of assessments against all properties within the development, for street maintenance is established and the funding levels will be adequate for all future private street maintenance; and (e b) The developer signs a waiver of right to protest the creation of SIDs, or other perpetual legal instrument, acknowledging that the city will not assume dedication and/or maintenance of the streets unless the street is brought up to city standards, or the property owners' have agreed to an assessment to fund improvements required to bring the street up to city standards. The developer must record the waiver, or other legal instrument, at the time of final plat recordation, or prior to issuance of building permits if no final plat recordation is required. (f) The developer must execute a hold harmless and indemnification agreement indemnifying, defending and holding harmless the city, its employees, agents and assigns from and against any and all liabilities, loss, claims, causes of action, judgments and damages resulting from or arising from approval of an alternative street cross section under this section. c. Privately maintained collector or arterial streets are not allowed. c d. Documented proof of adequate funding and scheduling for maintenance of all privately maintained public streets, must be provided, subject to section 38.270.090. Section 20 That 38.430, Planned Unit Development, of the Bozeman Municipal Code be deleted in its entirety and replaced with a new section as follows with some elements of the former 38.430 amended and moved to a new division 38.440: Division 38.430 Planned Development Zone Districts 38.430.010 Purpose The purpose of the planned development zone (PDZ) district is to provide a general structure and plan for specific properties to encourage flexibility and innovation that: A. Create distinct neighborhoods with quality urban design and mutually supportive uses; and B. Support implementation of community plans and goals, including but not limited to the city’s adopted growth policy; and C. Provide community benefits through the creation of affordable housing, inclusion of environmentally sustainable design features, and retention of historic structures; and 111 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 30 of 56 D. Protect and promote the health, safety, and general welfare of the community. 38.430.020 Planned Unit Developments (PUD)s Approved or Adequate Prior to [Effective Date] A. Individual PUDs approved by the city prior to [Effective Date], and PUD applications received by the city prior to [Effective Date] that have completed the adequacy review process prior to [Effective Date] must after [Effective Date] be referred to as Legacy Planned Unit Developments. B. Individual Legacy Planned Unit Developments shall be governed by, and may be amended pursuant to, the rules regarding PUDs in effect prior to [Effective Date]. The PUD regulations in effect prior to [Effective Date] are renamed legacy planned unit developments and are in division 38.440. 38.430.030 PDZs Approved After [Effective Date] A. PDZ applications approved by the city after [Effective Date], and submitted PUD applications that have not completed the adequacy review process prior to [Effective Date] shall be subject to the regulations in this division. B. A PDZ application must identify a standard base zoning district, from those listed in division 38.300 (the “reference base district”) for each portion of the PDZ area. Different reference base districts may be designated for different portions of the property. The project must be designed in conformance with the standards in this chapter applicable in the reference base district unless an alternative standard or allowance is approved with the PDZ. If a PDZ has more than one reference district the boundaries of the different areas should generally follow the boundary guidance of 38.300.050.A. C. PDZ districts adopted pursuant to this division must be implemented through the creation of new zoning districts through zoning map amendments as described in division 38.260, Part 2 and shall be labeled on the base zone district layer of the city’s official zoning map as "PDZ." Individual PDZ are not added to or listed in 38.300.020. 38.430.040 Eligibility for Rezoning to PDZ District A. An application for rezoning to a PDZ district may only be accepted for review by the city if the review authority determines that the application complies with the following general criterion along with the PDZ type-specific criteria in Sec. 38.430.050, as determined by the director: 1. All property included in the proposed PDZ must be under common ownership or control or must be the subject of an application filed jointly by the property owners of all the property to be included. B. Compliance with the eligibility criteria allows the applicant to begin negotiations with the City regarding the specific uses, structures, layout, and design that will be used to satisfy the eligibility criteria. C. Compliance with the eligibility criteria does not indicate that the PDZ will be approved by the city. Approval by the city requires a city commission finding that the criteria for approval in section 38.430.090 are met. 112 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 31 of 56 38.430.050 Specific PDZ Eligibility Requirements The proposed PDZ district must, as determined by the review authority, comply with the eligibility criteria of at least one of the following five types of PDZ. A. Affordable Housing PDZ 1. Eligibility. An affordable housing PDZ application must predominantly include residential dwelling units and must propose: a. That all parcels on which single-household detached dwelling units will be constructed are permitted to construct an accessory dwelling unit either within the primary building or in a freestanding accessory building in compliance with the provisions of 38.360.040; and b. The following amounts and levels of affordable housing: (1) Between [Effective Date] and that date on which the city commission adopts an ordinance or resolution establishing a different required amount of affordable housing or a different required level of income-restriction or both, the PDZ must propose to provide: Table 38.430.050: Affordable Homes Required    Minimum Percentage of Homes  Maximum Percentage of AMI  Duration Rental Dwellings  For-Sale Dwellings (includes condominiums) Type of Housing    Single-Household Detached Dwelling  =>10%  80% of AMI  120% of AMI  =>30 years Single-Household Attached Dwelling  =>10%  80% of AMI  120% of AMI  =>30 years Multi-Household Dwelling  =>10%    80% of AMI  120% or AMI  =>30 years (2) After the date on which the city commission adopts an ordinance or resolution establishing a different required amount of affordable housing or a different required level of income-restriction, the PDZ must provide: (a) The amounts of housing and the levels of income-restriction required by those ordinances or restrictions, for a period of at least 30 years; or (b) At least an equivalent level of affordable housing benefit to the city, to be determined during the PDZ review and approval process, for a period of at least 30 years. 2. Flexibility Allowed. Eligible affordable housing PDZs may request an adjustment or waiver of any non-procedural provision in this chapter if that adjustment or waiver will contribute to achieving the preservation or production of housing at a lower cost than 113 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 32 of 56 would otherwise be possible under the reference base district. The city may not adjust or waive any provision imposed by state or federal law or regulation. B. Historic Structure/Site PDZ 1. Eligibility. A historic structure/site PDZ application must propose: a. Inclusion of an existing structure or site that is currently designated or is documented as eligible for designation on a city or state list of historic structures; or on the National Register of Historic Places within a contiguous area included in the PDZ application, and must either: (1) In the case of an existing designated historic structure or site, the PDZ application must include a written commitment to preserve the structure or site in compliance with all applicable historic preservation standards for a period of at least 20 years; or (2) In the case of an undesignated historic structure or site, the PDZ application must include a written commitment to complete the designation of the structure or site as historic prior to development of any portion of the PDZ, and to preserve the designated structure or site in compliance with all applicable historic preservation standards for a period of at least 20 years. b. The PDZ application may include additional lands contiguous with the lot or parcel containing the historic structure. 2. Flexibility Allowed. Eligible PDZ applications for consideration as an historic structure/site PDZ may include a request to: a. Calculate any unused development potential from the lot or parcel containing the historic structure or site under the property’s current zoning, b. Apply any unused development potential on other portions of the same lot or parcel, or on contiguous lands included in the PDZ application, and c. To request adjustment or waiver of any non-procedural provision in this chapter if the adjustments or waivers will contribute to achieving the preservation the historic structure. The city may not adjust or waive any provision imposed by state or federal law or regulation. C. Sustainable/Resilient Design PDZ 1. Eligibility. A sustainable/resilient design PDZ application must propose project, site, or building design features demonstrated to achieve two or more of the following reductions in resource consumption or trip generation when compared to those levels anticipated for developments of a similar type under the reference base district: a. A reduction in water consumption of at least 25 percent; or b. A reduction in non-renewable energy use of at least 25 percent; or c. A reduction in average daily motor vehicle trip generation of at least 25 percent; or 114 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 33 of 56 d. A combination of reductions in water consumption, non-renewable energy use, or average daily motor vehicle trip generation providing at least an equivalent sustainable/resilient development benefit to the city. 2. Flexibility Allowed. Eligible application for a sustainable/resilient design PDZ may request an adjustment or waiver of any non-procedural city development standard in this chapter if that adjustment or waiver will contribute to reductions in water consumption, non-renewable energy consumption, or traffic generation when compared to development of a similar type under the reference base district standards. The city may not adjust or waive any provision imposed by state or federal law or regulation. D. Large Development PDZ 1. Eligibility. A Large development PDZ review must propose all of the following: a. The PDZ must contain at least 10 acres of contiguous land that is proposed for annexation and development pursuant to a master plan approved by the city or proposed for approval by the city along with the PDZ application; b. If the application includes dwelling units then the affordable housing requirements of Table 38.430.050 apply; and c. The PDZ must include public amenities or public infrastructure investments or both beyond what would otherwise be required under this code and the reference base district(s) which are proportionate or greater to the adjustments or waivers to requested development standards. 2. Flexibility Allowed. Eligible applications for a Large Development PDZ may request an adjustment or waiver of any non-procedural city development standard in this chapter if: a. That adjustment or waiver will contribute to achieving the preservation or production of housing at a lower cost than would otherwise be possible under the reference base district if the PDZ includes housing; b. The PDZ includes public amenities or public infrastructure investments or both beyond what would otherwise be required under this code and the reference base district(s) which are proportionate or greater to the adjustments or waivers to requested development standards; and c. The PDZ demonstrates implementation of five adopted community goals and objectives as documented in an adopted and in effect growth policy, facility plan, or similar document to a greater degree than is required under the minimum standards of the reference base district. The city may not adjust or waive any provision imposed by state or federal law or regulation. E. Combined Benefits PDZ 115 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 34 of 56 1. Eligibility. To be considered for a PDZ that provides a combination of a percentage of the affordable housing benefits identified in 38.430.050.A and benefits identified in Sections 38.430.040.B, C, or D or any combination thereof, the application must: a. Provide at least one-half of the amounts of affordable housing, at the levels of income-restriction, required by 38.430.050.A.1.b, for a period of at least 30 years; and b. Provide benefits listed as necessary to meet 38.430.090 in any one or a combination of: (1) 38.430.050.B.1 for consideration of a historic structure/site PDZ; (2) 38.430.050.C.1 for consideration of a sustainable/resilient design PDZ; or (3) 38.430.050.D.1.a and c above for consideration of a Large Development PDZ. 2. Flexibility Allowed. PDZ applications eligible for consideration as a combined benefits PDZ may request an adjustment or waiver of any city non-procedural provision in this chapter if that adjustment or waiver will contribute to achieving the types of flexibility listed in 38.430.050.A.2 or B.2 or C.2 or D.2. The city may not adjust or waive any provision imposed by state or federal law or regulation. F. Novel Public Benefits PDZ 1. Eligibility. A novel public benefits PDZ application must propose mutually supportive and integrated project, site, or building design features outside of the parameters of A-E that: a. As determined in the discretion of the review authority materially advances at least 6 objectives of the growth policy and at least two priorities each from two other adopted plans of the City which produce public benefits. b. The novel public benefits option is subject to a heightened level of scrutiny as the City has established options A-E as its preferred benefit options. 2. Flexibility Allowed. PDZ applications eligible for consideration as a novel public benefits PDZ may request an adjustment or waiver of any city non-procedural provision in this chapter if that adjustment or waiver will contribute to materially advancing the objectives and priorities identified in F.1.a when compared to development of a similar type under the reference base district standards and which produce public benefits. The city may not adjust or waive any provision imposed by state or federal law or regulation. G. The flexibility allowed for adjustment or waiver of standard applies uniformly to the PDZ unless specified otherwise in the approval. 38.430.060 Permitted uses in a planned development zone A. Proposed land uses in a PDZ must be consistent with the land use descriptions in the city’s adopted growth policy. 116 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 35 of 56 B. A PDZ application may include any land use listed in division 38.310 and must identify proposed uses by the same names used in that Section. C. Proposed uses must comply with all applicable use-specific standards for the use(s), as described in division 38.360, unless a waiver or adjustment to applicable standards is proposed and approved as part of the PDZ application review process. D. A PDZ must address allowance for telecommunications and utilities as part of proposed land uses. The proposed allowance may not have the effect of restricting service availability of telecommunications or utilities. 38.430.070 Phased Development A. PDZ applications may propose development to occur in phases. If phased development is proposed, the application must include a projected timetable for phased development and a general development plan that includes all of the land to be included in all phases of development. B. In connection with any phased PDZ development, the city may require the applicant execute a development agreement, improvements agreement, or other documentation acceptable to the city ensuring dedication of required parks, open space, or both, and construction of required infrastructure, amenities, or site features. C. The city may authorize phased construction of infrastructure or site amenities pursuant to 38.270.060.C. D. If the nature, design, or location of required parks, open space, infrastructure, amenities, or site features makes it necessary to construct them in a sequence other than in rough proportion to approvals for construction of residential or non-residential structures, the city may require the applicant to construct them in the order and extent necessary to protect the public and ensure practical function. 38.430.080 General Review Procedures for PDZ Applications A. Applicability. A request to develop land in any of the five types of PDZ zoning districts must be submitted and reviewed as a combined zoning map and text amendment under division 38.260. B. Procedure 1. General. a. A PDZ zoning application requires review and approval of a general development plan as described in this section concurrent with review of an application for a zoning map amendment, as described in division 38.260. b. A PDZ does not give authority for construction but a final development plan must be approved by the review authority prior to issuance of building permits or initiation of construction. Subdivision, site plan, or other review processes may also be required prior to initiation of construction. c. An application for a final development plan may be filed prior to final action on an application for a PDZ zone map amendment and a related general development plan provided that: 117 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 36 of 56 (1) No action by the review to approve, approve with conditions, or deny the final development plan is effective until the zone map amendment and related general development plan is approved or approved with conditions. (2) The review authority may waive specific requirements for information the applicant must include in a final development plan if the review authority determines that information has been included in the application for a general development plan. d. If applicant proposes a PDZ in conjunction with a subdivision, applicant may file an application for preliminary plat concurrently with the application for a general development plan. Applicant may be required to waive required subdivision review periods for subdivision review to enable coordination of review. The review authority may waive specific requirements for information the applicant must include in a final development plan if the review authority determines that information has been included in the preliminary plat application. e. The city will coordinate processing of the PDZ and subdivision applications to allow for consolidated consideration of both applications together if feasible. Review of the subdivision must follow 76-3-616, MCA as implemented in 38.240. Final development plan review and approval is still required, as described in this section, and compliance with phased development requirements in 38.430.070 is also required, if applicable. Table 38.430.080.B: PDZ Review and Decision-Making Authority Summary Table abbreviations R = Review, D = Decision-making authority, N/A = Requirement does not apply Director Community Development Board [1] City Commission PDZ Zoning Zoning Map Amendment and general development plan for all PDZ Property R R D Final development plan D Subdivision (if Required for PDZ) Preliminary Subdivision Plat [2] R R D Final Subdivision Plat [2] R D Notes [1] Pursuant to MCA Sections 76-1-107 and 76-2-307, the Community Development Board will act in its capacity as a Zoning Commission or Planning Board, as necessary. [2] An applicant may request that the city concurrently process applications for a general development plan and Preliminary Subdivision Plat. An applicant may request that the city concurrently process applications for a final development plan and Final Subdivision Plat. Such requests may be limited by 76-3-604(9) MCA. C. PDZ Zoning and General Development Plan Review 118 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 37 of 56 1. Applicant may submit the PDZ zoning and general development plan review application upon completion of concept or informal, 2. The PDZ application must include, at a minimum the materials required in 38.220.120: 3. If the project requires approval of a subdivision plat, the applicant may submit an application for a preliminary plat at the same time as a PDZ zoning application, and the two may be consolidated for joint consideration by the city commission. Section 76-3- 604(9) MCA restricts applicability of changing zoning standards and may limit the ability of the city to consolidate review. D. Concept/Informal Review. A concept review or informal application is required for all PDZs as specified in 38.230.090. If the PDZ is proposed in association with a subdivision, the city may review subdivision pre-application and concept review or informal application for PDZ zoning concurrently. If an application for PDZ zoning and general development plan are not filed with the city within one year after the concept review or informal review, the review authority may require another concept review or informal review meeting before the application is filed. E. Noticing and Public Hearings 1. After the community development department determines the PDZ zoning and general development plan applications contain all necessary information, the department will set review dates before the community development board and before the city commission. 2. If the application also includes a complete application for a preliminary plat, the department will set a date for review of the plat in accordance with 38.240. 3. Notice shall be provided in accordance with division 38.220. F. Review and Action 1. The community development department may refer a complete PDZ zoning application and associated general development plan application to other city or governmental departments, agencies, or districts whose jurisdiction involves some or all of the land included in the application, for their comments or recommendations. 2. After conducting its public meeting, the community development board must recommend to the city commission approval or denial of the PDZ zoning application; and recommend approval, approval with conditions, or denial of the associated general development plan application. If the applicant submitted an application for a preliminary plat, the community development board must recommend approval, approval with conditions, or denial of the preliminary plat. 3. After conducting its public hearing, the city commission may approve or deny the PDZ zoning application; and may approve, approve with conditions, or deny the associated general development plan application. The city commission may not approve a PDZ zoning application before a general development plan for all of the property included in the PDZ zoning application is approved or approved with conditions. 4. If the applicant submitted an application for a preliminary plat, the city commission may concurrently consider the PDZ zoning and subdivision applications and approve, 119 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 38 of 56 approve with conditions, or deny the preliminary plat concurrently pursuant to 38.240.150, if permitted by state law. 5. The review authority must indicate approval or denial of the final development plan pursuant to this section based on the PDZ zoning application and staff report, but the review authority’s decision shall not become final unless and until the city commission approves the PDZ zoning and approves the general development plan in a form that is consistent with the final development plan. G. Final Development Plan Review and Approval 1. After approval of a PDZ zoning application and approval or conditional approval of a general development plan, the review authority must approve a final development plan before applicant may initiate construction, or initiate any use based on the PDZ approval. A final development plan must be approved prior to approval of any site plan, final plat, building permit, or other final development review decision. 2. Each final development plan must be consistent with the terms of the approved PDZ zoning and general development plan and may not include adjustments or waivers to any reference base district standard inconsistent with the PDZ zoning or general development plan. 3. The review authority may approve one final development plan for the entire PDZ property or may approve multiple final development plans for different portions of the property if the city has approved phased development pursuant to 38.430.070. The city may not issue any building permit, and no individual or entity may initiate any infrastructure or other construction; or any use on any portion of the property for which the review authority has not approved a final development plan. 4. If the city commission has approved both a PDZ zoning application and a related application for a preliminary plat, the final plat must be filed with the Gallatin County Clerk and Recorder before the city may issue any building permit or before applicant may initiate any building construction or use based on the PDZ approval. 5. A final PDZ zoning approval is not an approval to begin building construction. It provides the general plan and pattern for the applicant to submit associated subdivision plats and site plans for approval. 38.430.090 Criteria for Approval The community development board may recommend approval of an application for PDZ zoning, and the city commission may approve an application for PDZ zoning, if it determines the PDZ application complies with the criteria in subsection A applicable to all PDZ applications and also complies with one or more of the criteria in subsection 2 applicable to specific types of PDZ applications. The applicant has the burden of proof that the proposed PDZ and general development plan meet the criteria for approval. A. Criteria Applicable to All PDZ Applications 1. Complies with applicable Montana state law criteria for approval of a zoning map and text amendment, 76-2-304; 2. Complies with general eligibility criteria in 38.430.040; 120 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 39 of 56 3. Complies with the specific eligibility criteria for the type of PDZ requested, as listed in 38.430.050, as applicable; 4. Is in accordance with the growth policy currently in effect, including the future land use map; and 5. Identifies one or more of the base zoning districts listed in article 3 of this chapter, as the reference base district for each portion of the PDZ; and 6. Mitigates known adverse impacts on surrounding properties to the extent practicable consistent with 38.100.050 and 38.100.070. B. Criteria Applicable to Specific Types of PDZ Applications 1. Affordable Housing PDZ. The applicant has submitted a general development plan or other documentation acceptable to the city ensuring the development provides the amounts of affordable housing required by this section. If the PDZ proposes to provide an equivalent affordable housing benefit for a period of at least 30 years, the city may consider the size, type, or location of the dwelling units, site or sustainable design features to be included in the development that would reduce operating or maintenance of the dwelling units, the proposed initial sale prices or rental rates of dwelling units, or other factors. 2. Historic Structure/Site PDZ a. The general development plan or other documentation acceptable to the review authority includes an adaptive reuse plan for the listed historic structure(s) included in the PDZ; and b. The general development plan or other documentation acceptable to the review authority ensures that the design of any new structures to be constructed on portions of the PDZ property that do not contain the historic structure will meet the criteria of the latest edition of the Secretary of the Interior standards for Related New Construction. 3. Sustainable/Resilient Design PDZ. The general development plan or other documentation acceptable to the review authority ensures that the level of combined water consumption, non-renewable energy consumption, average daily motor vehicle trip generation, or a combination thereof from all structures and uses included in the PDZ shall be at least 25 percent lower than levels commonly experienced by development meeting current established standards in each of the reference base districts listed in the PDZ. 4. Large Development PDZ a. If the PDZ includes housing, the applicant must submit a general development plan or other documentation acceptable to the review authority ensuring the development provides the amounts of affordable housing required by this section. If the PDZ proposes to provide an equivalent affordable housing benefit for a period of at least 30 years, the review authority may consider the size, type, or location of the dwelling units, site or sustainable design features to be included in the development that would reduce operating or maintenance of the dwelling 121 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 40 of 56 units, the proposed initial sale prices or rental rates of dwelling units, or other factors; and b. The general development plan or other documentation acceptable to the review authority ensures the PDZ will include physical investments public amenities or public infrastructure investments or both beyond what would otherwise be required under this chapter open to the public that significantly exceed those that would otherwise be required under this chapter for property located in the reference base district listed in the PDZ and that are proportionate to or greater than the adjustments or waivers to requested development standards. c. The applicant has submitted documentation acceptable to the review authority sufficient to identify the five chosen plan objectives, identify specific actions to be taken to materially advance the objectives, and provides an implementation plan for actions to be carried out within 5 years and suitable to complete implementation actions. If the implementation plan is phased to coordinate with subdivision or other development, then implementation of each objective within each phase must be able to be completed within 5 years of beginning of construction within each phase. d. The city may, in its sole discretion, require security for performance or completion of actions as part of the general plan using the methods and procedures of division 38.270 in conjunction with subdivision or site development. e. The implementation plan must include for each action proposed: 1) A timeline addressing any phasing and completing action within five years; 2) A description of any additional review procedures required before execution can begin; 3) The responsible party to complete additional review procedures and 4) Intended funding source if applicable. 5. Combined Benefit PDZs a. The applicant has submitted a development agreement or other documentation acceptable to the review authority ensuring the development provides at least one- half of the amounts of affordable housing required by this division. If the PDZ proposes to provide an equivalent affordable housing benefit for a period of at least 30 years, the city may consider the size, type, or location of the dwelling units, site or sustainable design features to be included in the development that would reduce operating or maintenance of the dwelling units, the proposed initial sale prices or rental rates of dwelling units, or other factors; and 122 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 41 of 56 b. The benefits to the city through the proposed combination of historic preservation, sustainable/resilient development, novel public benefit, and large development exceed the affordable housing benefits that the city would have received if the PDZ had included the full amounts of affordable housing required by this division. 6. Novel Public Benefit PDZs a. The applicant has submitted documentation acceptable to the review authority sufficient to identify the chosen plan objectives, identify specific actions to be taken to materially advance the objectives, and provides an implementation plan for actions to be carried out within 5 years and suitable to complete implementation actions. If the implementation plan is phased to coordinate with subdivision or other development, then implementation of each objective within each phase must be able to be completed within 5 years of beginning of construction within each phase. b. The city may, in its sole discretion, require security for performance or completion of actions as part of the general plan using the methods and procedures of division 38.270 in conjunction with subdivision or site development. c. The implementation plan must include for each action proposed: 1) A timeline addressing any phasing and completing action within five years; 2) A description of any additional review procedures required before execution can begin; 3) The responsible party to complete additional review procedures; and 4) Intended funding source, if applicable. 38.430.100 Duration of PDZ Approval A. Zoning Map Amendment. 1. Initial approval. After preliminary approval of a PDZ the ordinance implementing the PDZ district is required. Final adoption of the implementing ordinance does not occur until after a final development plan meeting all conditions of approval has been reviewed and is ready for approval. 2. An approved PDZ zoning does not expire after final adoption of the implementing ordinance, but rezoning of the PDZ may be initiated by the city pursuant to division 38.260 if: a. The city has not received an application for a building permit before the expiration of an approved final development plan pursuant to this section; or 123 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 42 of 56 b. The applicant does not proceed with development pursuant to one or more approved final development plans according to provisions for phased development approved by the city. B. General Development Plan Duration 1. An approved general development plan is valid for a period of one year unless the approved general development plan provides for a longer time or for phased development, or the city commission approves an extension of such time. A final development plan for at least part of the PDZ property must be approved not later than within one year after the approval of a general development plan. The applicant may submit a written request for one extension of up to one additional year to submit the final development plan, and the director may approve such requests for good cause shown. 2. If a general development plan expires, the right to proceed with the development pursuant to the approved general development plan is terminated, and the provisions of the reference base district(s) applicable to each portion of the land included in the general development plan shall apply, unless and until the city commission approves a new general development plan pursuant to this section. C. Final Development Plan Duration 1. A final development plan is valid for a period of at least one year one year and not more than 3 years unless the city approves a building permit and applicant begins construction of at least one primary structure within one year of the approval of a final development plan. This may require completion of work and recording of a final plat prior to issuance of a building permit. 2. The applicant may submit to the director a written request for extension of time of up to 2 years to obtain the required building permit, and the director may approve such requests pursuant to section 38.230.140.F. 3. If a final development plan expires, the applicant must apply for and obtain approval of a new final development plan pursuant to this section. 38.430.110 Amendments to Approved Planned Development Zones and General Development Plans A. Amendments to Approved General Development Plan. After approval of a general development plan, the applicant may request and the director may approve, minor amendments to the general development plan, as described below. 1. Minor Amendments. The review authority may approve the following minor amendments to an approved general development plan if the review authority determines that they do not change the character of the neighborhood and do not contain any changes that would increase the amount of deviation/relaxation of the requirements of the reference base zoning districts beyond those in the approved general development plan. Minor amendments must be consistent with the initial approval and may include but are not limited to: 124 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 43 of 56 a. A change in the location of any internal street that does not affect points of access to or from the PDZ property; b. A change in the location of any internal park, open space, or storm drainage detention/retention facility that is not located along the periphery of the PDZ property; and c. A change of location or orientation of any primary building on a lot or parcel; d. An increase of less than five percent in the amount of permitted residential or non- residential lot coverage; e. A change of less than five percent in the minimum or maximum number of parking spaces required or permitted; f. A change of less than five percent in the maximum permitted height of any building; and g. A change in any numerical building design standard by up to five percent. h. An increase or decrease of less than five percent in the number of dwelling units in an approved PDZ, provided that the revised number of dwelling units still include the amounts and levels of affordable housing required by this division. i. Revisions to phasing sequence or boundaries that do not conflict with conditions of approval or conflict with standards. 2. Major Amendments a. A major amendment is any change to an approved general development plan not listed as a minor amendment in this section. b. A major amendment to an approved general development plan requires approval through the same process used to approve the original PDZ zoning and general development plan. c. Any major amendment that proposes to increase the number of dwelling units in an approved PDZ, or to add residential dwelling units to an approved PDZ, shall include the proportionate amounts of affordable housing required by this division. B. Amendments to Approved Final Development Plan 1. After approval of a final development plan, the applicant may request, and the review authority may approve, amendments to the final development plan if the review authority determines the proposed amendments are consistent with the approved general development plan and the provisions of this chapter. Amendments are subject to the minor and major amendment limits in paragraph A of this section. 2. The review authority may authorize the applicant to submit only those portions of final development plan application materials necessary to document the proposed change, rather than submitting a new final development plan application. 3. If the review authority determines the revised final development plan requires a minor amendment to a general development plan, the review authority may approve both at the same time. 125 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 44 of 56 38.430.120 Removal of Property from a Planned Development Zone A. A property owner may apply for a zoning map amendment to remove a parcel from an approved PDZ and any related general development plan or final development plan. B. The application for a zoning map amendment must indicate the zoning district to be applied to the removed properties, which may be different from the reference base district identified for such property in the approved PDZ. C. The city shall consider any such application pursuant to division 38.260 and may require the applicant provide assurances that any unfulfilled obligations related to construction or maintenance of infrastructure or amenities, provision of open spaces, preservation of access, or other matters addressed in the PDZ, general development plan, or final development plan will be satisfied without imposing additional costs or burdens on properties that are to remain included in the PDZ or on any organization or entity responsible for providing or maintaining improvements or services to the remaining PDZ properties. 38.430.130 Administrative Procedures Authorized The city manager may adopt, and from time to time amend, administrative procedures to implement this section. The administrative procedures may at a minimum include the following items: A. Standards to evaluate equivalent levels of housing affordability; B. Standards related to required levels of maintenance of historic structure; C. Standards to measure reductions in water consumption, reductions in non-renewable energy use, and reductions in average daily motor vehicle trip generation; D Standards to measure or evaluate equivalence of benefits to the city; and E. Procedures for application requirements, processing, and review of a PDZ. Section 21 That 38.440, Legacy planned unit developments, of the Bozeman Municipal Code be created as follows: DIVISION 38.440. LEGACY PLANNED UNIT DEVELOPMENTS Sec. 38.440.010. Intent. A. This division is created to provide for the continued regulation of legacy planned unit development (PUD) approved or deemed adequate prior to [effective date]. Prior to [effective date] a PUD was a use approved within an existing zoning district and did not modify the zoning map. This division cannot be applied to property not already within a legacy PUD. 38.440.020. Final plan review and approval. 126 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 45 of 56 A. The final PUD plan must be in compliance with the approved preliminary plan and/or development guidelines except as provided for in subsection A.2 of this section, and must be reviewed by DRC and ADR staff and approved by the review authority. 1. Application process. Upon approval or conditional approval of a preliminary plan and the completion of any conditions imposed in connection with that approval, an application for final plan approval may be submitted. 2. Review criteria; compliance with preliminary plan. For approval to be granted, the final plan must comply with the approved preliminary plan. This means that all conditions imposed by the city commission as part of its approval of the preliminary plan have been met and: (a) The final plan does not change the general use or character of the development; (b) The final plan does not increase the amount of improved gross leasable non- residential floor space by more than five percent, does not increase the number of residential dwelling units by more than five percent and does not exceed the amount of any density bonus approved with the preliminary plan; (c) The final plan does not decrease the open space and/or affordable housing provided; (d) The final plan does not contain changes that do not conform to the requirements of this chapter, excluding properly granted deviations, the applicable objectives and criteria of section 38.430.100, or other objectives or criteria of this chapter. The final plan must not contain any changes which would allow increased deviation/relaxation of the requirements of this chapter; and (e) The final plat, if applicable, does not create any additional lots which were not reviewed as part of the preliminary plan submittal. B. Final plan approval. The final plan may be approved if it conforms to the approved preliminary plan in the manner described above. Prior to final plan approval, the review authority may request a recommendation from the DRB, DRC, ADR staff, or other entity regarding any part of a proposed final plan. If a final plat is part of the final plan submittal, the review authority per section 38.200.010 is responsible for approval of the final plat. 1. Final plats associated with a PUD must comply with the requirements of sections 38.240.150 and 38.220.070. 38.440.030 Amendments to final plan. A. Issuance of building permits and other development approvals are based on the approved final plan and any conditions of approval. No city administrative personnel are permitted to 127 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 46 of 56 issue permits for improvements which are not indicated on the approved final plan with the exception of the following: 1. Minor changes to a planned unit development may be approved administratively and in writing, whereupon a permit may be issued. Such changes may be authorized without additional public notice at the discretion of the review authority. This provision does not prohibit the review authority from requesting a recommendation from the DRB, DRC, ADR staff or other entity. 2. Minor changes are defined as follows: (a) Those developments that do not change the character of the development; (b) An increase of less than five percent in the approved number of residential dwelling units; (c) An increase of less than five percent in the approved gross leasable floor areas of retail, service, office and/or industrial buildings; (d) A change in building location or placement less than 20 percent of the building width without compromising requirements of the UDO; (e) An increase in the number of lots less than two percent without increasing the density by more than five percent. This is applicable only to zoning PUD plans, not subdivision PUD plats; (f) A final plan which does not contain any changes which would allow increased deviation/relaxation of the requirements of this chapter; and/or (g) A final plat, if applicable, which does not create any additional lots which were not reviewed as part of the preliminary plan submittal. B. Changes greater than minor changes must be processed as a PDZ subject to 38.430. Sec. 38.440.040. Duration of planned unit development approval. A. Duration of preliminary plan approval. The provisions of this subsection A do not apply to subdivision elements of a PUD. 1. Within a maximum of one year following the approval of a preliminary plan, the applicant must file with the community development department a final plan in detailed form covering the entirety, or one or more phases, of the development. 2. Upon application and in accordance with the standards of section 38.230.140.F, the community development director may administratively extend the period for filing a final plan for six-month periods. The granting of administrative extensions under this section may, at the discretion of the community development director, be referred to the city commission. 3. If no final plan is filed covering all or any portion of the preliminary plan within the above time limits, the right to proceed under the preliminary plan will expire for any portion of the preliminary plan for which a final plan has not been timely filed. 128 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 47 of 56 B. Duration of final plan approval. 1. The applicant must undertake and complete the development of an approved final plan within two years from the time of final plan approval. For the purposes of this section, a development is substantially complete once all engineering improvements (water, sewer, streets, curbs, gutter, streetlights, fire hydrants and storm drainage) are installed and completed in accordance with city rules and regulations. Extensions for periods of not more than one year may be administratively granted by the community development director in accordance with the standards of section 38.230.140.F. The granting of administrative extensions under this section may, at the discretion of the community development director, be referred to the city commission. 2. A request for extension of final approval under this section must be submitted to the community development director in writing by the applicant at least 30 days prior to the date of expiration. Failure to submit a written request within the specified time period will cause forfeiture of the right to extension of final approval. Failure to construct the development and implement improvement requirements within the specified time limit will cause a forfeiture of the right to proceed under the final plan and require resubmission of all materials and re-approval of the same through the preliminary plan procedures. 3. The timing of all extensions of final plan approval must be coordinated with the approval period established for any subdivision plat approval that is part of the PUD so that any expiration dates are consistent. 4. Final plan approval may occur multiple times under the provisions for phased PUDs described in section 38.430.070. Sec. 38.440.050. Enforcement of approval requirements and conditions. The failure to comply with any of the terms, conditions of approval or limitations contained on the site plan, landscape plan, building elevations, other approved documents, or other element pertaining to a planned unit development which has received final approval from the city may subject the applicant or current landowner to the enforcement remedies contained in section 38.200.160. 38.440.060 Removal of property from an approved legacy planned unit development A. A property owner may request removal of one or more parcels from a legacy PUD. B. Such a request for removal must be in writing to the director of community development, must clearly identify the PUD by the city's assigned application number under which the PUD was approved, and must clearly state that the landowner is abandoning all associated rights and privileges due to the PUD. The property owner is not relieved from participating in ongoing maintenance of any facilities from which they benefit. The director of community development may establish standards for the content, form, and supporting materials to be included in a request to abandon an approval. C. The city will review any such application pursuant to division 38.230.150 and may require the applicant to provide assurances that any unfulfilled obligations related to construction or 129 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 48 of 56 maintenance of infrastructure or amenities, provision of open spaces, preservation of access, or other matters addressed in the PUD, will be satisfied without imposing additional costs or burdens on properties that are to remain included in the PUD or on any organization or entity responsible for providing or maintaining improvements or services to the properties remaining in the PUD. D. City must determine the abandonment of the PUD does not negatively impact public benefit created by the PUD. E. Removal from a PUD does not rescind other final approvals such as subdivisions or site plans. Section 22 That Paragraph M of 38.550.050, Planned unit development open spaces, of the Bozeman Municipal Code be amended as follows with all other elements of the section to remain as presently written: M. Legacy Pplanned unit development open spaces. Legacy Pplanned unit development non- site-specific open space plans must meet or exceed the standards of these landscaping regulations. For each 5,000 square feet of total landscape open space area between 5,000 and 25,000 square feet and for each 10,000 square feet of total landscape areas in excess of 25,000 square feet a landscape plan must include three of the elements in table 38.550.050-1 from each column A and B unless the review authority grants a relaxation. When the preceding calculation results in a fraction the amount of landscaping required is rounded up to the next whole number. Table 38.550.050-1 EXPAND Column A Column B 1 large canopy tree 3 evergreen shrubs and 3 deciduous shrubs 1 large non-canopy tree 2 small ornamental trees 2 small ornamental trees 2 large evergreen trees 6 evergreen shrubs 6 deciduous shrubs 130 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 49 of 56 Section 23 That Paragraph B of 38.560.060, Signs permitted upon the issuance of a sign permit, of the Bozeman Municipal Code be amended as follows with all other elements of the section to remain as presently written: B. Residential zones (R-S, R-1, R-2, R-3, R-4, R-5, RMH, R-O, REMU). The following on- premises signs may be permitted in the indicated zones with an approved sign permit: 1. Subdivision and residential complex signs. For residential subdivisions consisting of more than four residential lots and for residential complexes with more than four dwellings and more than one building, one low profile, freestanding, sign per development entrance may be permitted. No sign may exceed 16 square feet in area or five feet in height from the finished grade. The sign must be set back at least five feet from the property line. 2. Residential building signs. For properties used for multi-household residential, one wall sign per street frontage may be permitted. No sign may exceed eight square feet in area. 3. Signs appurtenant to residential principal, special and conditional uses, and home occupations. a. Signs not to exceed four square feet in total area may be permitted for principal residential uses and permitted home occupations; however, such signs may not be located in any required setback area. In addition, home occupations may be permitted a single one-square foot sign on a mailbox or lamppost or one and one- half square feet of freestanding signage located a minimum of five feet from the property line. b. Principal residential uses may be permitted non-commercial signs if such signs do not exceed 32 square feet in total area nor five feet in height. Such signs must be set back at least five feet from the property line. c. Permitted non-residential type uses, such as churches, community centers, veterinary uses, golf courses, day care centers and schools may be permitted signage as if the underlying zoning were B-1. d. Permitted conditional and special residential type uses such as homes used as bed and breakfasts and fraternity and sorority houses may be permitted signage as if the underlying zoning were R-O. Such signs may be illuminated only during the hours of operation. 4. Legacy Pplanned unit developments. Commercial establishments within planned unit developments where the underlying zoning is residential may be permitted signage as if the lot were in a B-1 zone. Section 24 131 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 50 of 56 That 38.700.050, D definitions, of the Bozeman Municipal Code be amended as follows with all other elements of the section to remain as presently written: Deviation. A modification of physical standards of this chapter as applied to a specific piece of property located within the neighborhood conservation overlay district or anywhere within the city through a planned unit development. Section 25 That 38.700.080, G definitions, of the Bozeman Municipal Code be amended to include a new definition as follows with all other elements of the section to remain as presently written: General Development Plan. A scale drawing(s) or other documents showing the general location of structures, uses, rights of way, parks, natural features, and utilities, existing and proposed, on subject property or any other information as may be required by this chapter in association with a zone map amendment to establish a general pattern and plan of development for the area within a planned development zone. Section 26 That 38.700.150, P definitions, of the Bozeman Municipal Code be amended as follows with all other elements of the section to remain as presently written: Planned unit development (PUD). A land development project consisting of residential clusters, industrial parks, shopping centers, or office building parks or any combination thereof that compose a planned mixture of land uses built in a prearranged relationship to each other. and having open space and community facilities in a common ownership or use, and/or public parkland. Section 27 That 38.310.060, Supplemental use provisions for the residential emphasis mixed -use zoning district, of the Bozeman Municipal Code be amended as follows: Sec. 38.310.060. Supplemental use provisions for the residential emphasis mixed-use zoning district. A. Uses required and limited. 1. REMU districts are intended to be developed with a mix of uses that encourage a range of building types, scales, densities, and site configurations. 132 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 51 of 56 2. Developments are encouraged to include non-residential uses, especially commercial and neighborhood support services, mixed horizontally and/or vertically, to promote compact, walkable and sustainable neighborhoods. 3. Non-residential uses must not exceed 30 percent of the total gross building square footage of all uses within the master planned area unless otherwise allowed in this section, through a master site plan or planned unit development (PUD) review. 4. For the purposes of calculating the percentage of a use within the master planned area, the gross square foot floor area of building for each use must be utilized. 5. The specific method of tracking will be determined during the master site plan, PUD, or site plan review. 6. Home-based businesses are not considered non-residential uses and must not be limited by the provisions of the section. 7. Non-residential uses intended for public benefit and shared public amenities must not be limited by the provisions of this section. These uses include, but are not limited to, schools, parks, community centers, city operated services and structured parking facilities. B. Development review applications. 1. To accomplish the intent of the district, the REMU district is anticipated to be located on sites five acres or larger. Development review applications for sites in the REMU district greater than, or equal to, five acres will first be subject to review as a master site plan per article 2 of this chapter; or as a PUD per division 38.430 of this chapter, as determined by the applicant. 2. Project applications for subsequent project phases in compliance with an approved master site plan or PUD may be reviewed as a site plan review or sketch plan review in accordance with division 38.230 of this chapter. 3. All development review applications for property in the REMU district smaller than five acres are subject to the standards in this article and may be subject to review as a master site plan per division 38.230 of this chapter upon a finding by the city that: a. The development application is for a site considered a major infill site, having a significant impact on an existing neighborhood; or may create a center within an existing neighborhood; b. The proposed development is located at an intersection deemed to have special significance; c. The proposed development may have a significant impact on existing transportation and open space network, pedestrian and bicycle travel; and/or d. The proposed development requires a multi-year approval and multiple phases for completion. Section 28 133 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 52 of 56 That 38.330.020, REMU district—Special standards, of the Bozeman Municipal Code be amended as follows: Sec. 38.330.020. REMU district—Special standards. A. The special standards set forth in this section are minimum standards for a development review application. Standards not specifically addressed by this section are subject to the standards set forth in this chapter. B. Street and circulation standards. 1. The policies and standards of the city's long-range transportation plan apply to REMU districts. New streets within REMU districts must be complete streets that accommodate pedestrians, bicycles, buses, automobiles and wintertime snow storage, and work in concert with internal property accesses and adjacent development to create a connected and vibrant public realm. REMU street standards also include the following stipulations: a. Natural storm drainage systems are allowed within street rights-of-way. b. Boulevard strips and medians may incorporate natural drainage technologies. c. Buildings must be oriented with front facades facing the street as specified in the block frontage standards of division 38.510 of this chapter. d. Shared drive accesses must be used to reduce the need for additional curb cuts, when feasible. e. On-street parking should be maximized wherever feasible. 2. Front-loaded local streets. To ensure that front-loaded streets are community-oriented and pedestrian-friendly, adjacent buildings, garages and drive aisles must comply with the following specific standards of this chapter. a. Section 38.350.070, parking and garages (for single to four-household dwellings). b. Section 38.400.090.C.2.a, drive access requirements—Residential. c. Division 38.510, block frontage standards (for all development except single to four-household dwellings) d. Section 38.540.010.A.4, stacking of off-street parking spaces. e. Section 38.540.010.A.5, no parking permitted in required front or side setbacks. f. Section 38.540.010.A.6, parking permitted in rear setbacks. 3. Woonerfs. Woonerfs, or streets where pedestrians and cyclists have priority over motorists, are encouraged on private drive accesses or properties in the REMU district. Woonerfs may be permitted on public local streets or alleys through the subdivision variance or PUD process. 4. Alleys. Alleys are encouraged, but not required, in the REMU district. 134 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 53 of 56 a. Apply standards of section 38.400.060.B (street improvement standards—alleys) where applicable. C. Site planning and design element standards. See division 38.520 for applicable standards for all development types, except single to four-household dwellings. See section 38.360.220 for applicable standards for single to four-household dwellings. D. Open space standards. The REMU district is urban in nature. Public parks and recreational areas and publicly accessible private open spaces are likewise expected to be urban in nature. This may include elements such as plazas or other hardscaping, or landscaping with planters and furniture. Such areas may be more concentrated in size and development than anticipated in a less urban setting. Public spaces must be designed to facilitate distinct types of activities to encourage consistent human presence and activity. 1. Public parks and recreational areas. The requirements of this section must give direction in the development of park plans and the application of the standards of division 38.420 of this chapter. 2. Publicly accessible private open space in commercial developments. See section 38.520.060 of this chapter for the minimum amount and design of pedestrian-oriented open space. 3. Private residential open space. See section 38.520.060 of this chapter for the minimum amount and design of usable residential open space. E. Building standards. 1. See division 38.520 for applicable standards for all development types, except single to four-household dwellings. 2. Parking structures must not have more than one two-way vehicle entrance or two one- way vehicle entrances facing any public way. Fifty percent of a parking structure's ground floor linear frontage along the primary street must be retail, commercial, office, civic, residential, or live/work. 3. Building encroachments are permitted in accordance with section 38.350.050, subject to any and all applicable International Building Codes. 4. All projects in the REMU district are exempt from the rear setback lot coverage requirements of section 38.360.030.I. F. Landscape and planting standards. Developments are subject to the landscaping standards in division 38.550 of this chapter and the provisions herein. Table 38.330.020-1 lists the minimum number of points needed for landscape plan approval for development types within REMU districts. Table 38.330.020-1 Special Landscape and Planting Standards Development type Lot with residential adjacency Lot without residential adjacency 135 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 54 of 56 Residential: Small-lot single-household N/A per section 38.550.020.B N/A per section 38.550.020.B Residential: Single-household N/A per section 38.550.020.B N/A per section 38.550.020.B Residential: Townhouse 2 to 4 attached units N/A per section 38.550.020.B N/A per section 38.550.020.B Residential: Townhouse or townhouse cluster 5 or more attached units 23 23 Residential: Two to four household dwellings N/A per section 38.550.020.B N/A per section 38.550.020.B Residential: Apartments 5 or more units 23 23 Mixed use with residential 15 15 Non-residential projects 23 15 PUD 23 23 G. Lighting standards. See division 38.580 for applicable standards. Section 29 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 30 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 31 136 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 55 of 56 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 32 Codification. This Ordinance shall be codified as appropriate in Section 2 – 28. Section 33 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 23rd day of August, 2022. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: 137 Ordinance No. 2104, Planned Unit Development Repeal and Replace Ord 2104 Page 56 of 56 ____________________________________ 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 138 Memorandum REPORT TO:City Commission FROM:Chris Saunders, Community Development Manager Anna Bentley, Community Development Interim Director SUBJECT:Ordinance 2105 Final Adoption, 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:September 27, 2022 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Final adoption 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 of the municipal code, to address recent state law changes. Division 38.380 is being replaced entirely and its focus is shifting to incentives for construction of affordable housing. . Many other sections which are affected are being amended to match up with the new incentives based approach and clarify related wording. See the staff report Executive Summary and Appendix A from the August 23rd hearing, and the full text of the Ordinance for more details. The staff report is part of the packet materials as Item J.3 from the August 23, 2022 public hearing and the video recording of the hearing is available through the City's website. The City Commission previously provisionally adopted the proposed amendments on a vote of 4-1. No amendments were made to the draft ordinance at provisional adoption. UNRESOLVED ISSUES:None. ALTERNATIVES:As identified by the City Commission FISCAL EFFECTS:None identified at this time. Budgeting for support of affordable housing occurs separately from development of regulation. Attachments: Ordinance 2105 38.380 Affordable Housing - Final Adoption 139 9-13-2022.pdf Report compiled on: September 15, 2022 140 Ord 2105 Page 1 of 36 ORDINANCE 2105 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, 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 38.700.150 S DEFINTIIONS TO ADD DEFINITION OF YIELD STREET TO STREET TYPES. 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 141 Ordinance No. 2105, Affordable Housing Ordinance Page 2 of 36 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 Ordinance 2105, be not approved; and WHEREAS, the Economic Vitality Board recommended to the Bozeman City Commission that Ordinance 2105 be approved; 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 142 Ordinance No. 2105, Affordable Housing Ordinance Page 3 of 36 partnership framework to address affordable housing (also called community housing) in Bozeman over a five-year period and recommends edits to this chapter. 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 and the criteria for consideration have been evaluated and after balancing community and legal priorities the benefits of Ordinance 2105 outweigh the disadvantages. 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 transmitted their recommendation to the City Commission prior to the City Commission consideration of the ordinance. 143 Ordinance No. 2105, Affordable Housing Ordinance Page 4 of 36 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. 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; — = 144 Ordinance No. 2105, Affordable Housing Ordinance Page 5 of 36 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 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 P2 — P2 — P P P P P P3 — 145 Ordinance No. 2105, Affordable Housing Ordinance Page 6 of 36 attached units)(38.360.250) Townhouses* & rowhouses* (five attached units or less) (38.360.250) — — — P3 P P P — 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. 146 Ordinance No. 2105, Affordable Housing Ordinance Page 7 of 36 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. 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 — 147 Ordinance No. 2105, Affordable Housing Ordinance Page 8 of 36 Lot area per dwelling in three- or four- household dwelling configurations — — — 3,000 3,000 None 3,000 — 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 — 148 Ordinance No. 2105, Affordable Housing Ordinance Page 9 of 36 Apartments and Apartment Building, Limited —Each dwelling after the first — — — — 1,200 None 1,200 — 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. 149 Ordinance No. 2105, Affordable Housing Ordinance Page 10 of 36 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. 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- - - — 60 60 None2,4 60 — 150 Ordinance No. 2105, Affordable Housing Ordinance Page 11 of 36 household dwelling configurations 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 151 Ordinance No. 2105, Affordable Housing Ordinance Page 12 of 36 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 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 152 Ordinance No. 2105, Affordable Housing Ordinance Page 13 of 36 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: (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. 153 Ordinance No. 2105, Affordable Housing Ordinance Page 14 of 36 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 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 154 Ordinance No. 2105, Affordable Housing Ordinance Page 15 of 36 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. 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: 155 Ordinance No. 2105, Affordable Housing Ordinance Page 16 of 36 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 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. 156 Ordinance No. 2105, Affordable Housing Ordinance Page 17 of 36 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. 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. 157 Ordinance No. 2105, Affordable Housing Ordinance Page 18 of 36 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    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. 158 Ordinance No. 2105, Affordable Housing Ordinance Page 19 of 36 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 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 159 Ordinance No. 2105, Affordable Housing Ordinance Page 20 of 36 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. 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 160 Ordinance No. 2105, Affordable Housing Ordinance Page 21 of 36 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: 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. 161 Ordinance No. 2105, Affordable Housing Ordinance Page 22 of 36 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 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; 162 Ordinance No. 2105, Affordable Housing Ordinance Page 23 of 36 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. 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. 163 Ordinance No. 2105, Affordable Housing Ordinance Page 24 of 36 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 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 164 Ordinance No. 2105, Affordable Housing Ordinance Page 25 of 36 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. 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 165 Ordinance No. 2105, Affordable Housing Ordinance Page 26 of 36 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 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. 166 Ordinance No. 2105, Affordable Housing Ordinance Page 27 of 36 Section 14 That 38.420.020.A of the Bozeman Municipal Code be amended as follows: 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. 167 Ordinance No. 2105, Affordable Housing Ordinance Page 28 of 36 (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 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. 168 Ordinance No. 2105, Affordable Housing Ordinance Page 29 of 36 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 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 169 Ordinance No. 2105, Affordable Housing Ordinance Page 30 of 36 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. 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 170 Ordinance No. 2105, Affordable Housing Ordinance Page 31 of 36 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. 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: 171 Ordinance No. 2105, Affordable Housing Ordinance Page 32 of 36 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. 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 172 Ordinance No. 2105, Affordable Housing Ordinance Page 33 of 36 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. 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. 173 Ordinance No. 2105, Affordable Housing Ordinance Page 34 of 36 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 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. Nothing in this Ordinance negates or absolves any obligation or requirement imposed on any person by any previous version of the Bozeman Municipal Code regarding affordable housing, which remain in full force and effect. 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 24 174 Ordinance No. 2105, Affordable Housing Ordinance Page 35 of 36 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. ____________________________________ 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: 175 Ordinance No. 2105, Affordable Housing Ordinance Page 36 of 36 _________________________________ GREG SULLIVAN City Attorney 176 Memorandum REPORT TO:City Commission FROM:Chris Saunders, Community Development Manager Anna Bentley, Community Development Interim Director SUBJECT:Ordinance 2125 Final Adoption, Heritage Christian School Annexation Zone Map Amendment to Establish an Initial Municipal Zoning of R3, Residential Medium Density District, On 13.58 Acres at 4310 Durston Road, Application 22170 MEETING DATE:September 27, 2022 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Final adoption of Ordinance 2125 STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:The City Commission conducted a public hearing on August 16, 2022 to consider this application. The requested zoning was approved on a vote of 4- 1. The applicant has satisfied all contingencies of approval. An ordinance is required to complete the zoning process. The application and staff report from the original public hearing are available from the City Commission packet for August 16th. The video recording of the meeting is available through the City's website. Provisional adoption of this ordinance occurred on September 13, 2022. UNRESOLVED ISSUES:None. ALTERNATIVES:As identified by the City Commission FISCAL EFFECTS:None Attachments: Ordinance 2125 HCS ZMA.pdf Report compiled on: September 15, 2022 177 Ord 2125 Page 1 of 5 ORDINANCE 2125 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZMAN ZONING MAP TO ESTABLISH AN INITIAL MUNICIPAL ZONING ON 13.582 ACRES AS R-3 (RESIDENTIAL MEDIUM DENSITY DISTRICT), THE HERITAGE CHRISTIAN SCHOOL ANNEXATION ZONE MAP AMENDMENT, APPLICATION 22170 WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps if a public hearing is held and official notice is provided; and WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct a public hearing and submit a report to the City Commission for all zoning map amendment requests; and WHEREAS, the City of Bozeman Community Development Board has been created by Resolution 5330; and WHEREAS, the City of Bozeman Community Development Board has been assigned the duties of the Zoning Commission required by Section 76-2-307 MCA; and WHEREAS, Chapter 38, Article 2 of the Bozeman Unified Development Code sets forth the procedures and review criteria for zoning map amendments; and WHEREAS, after conducting the required public hearing on August 1, 2022, the Bozeman Community Development Board in their capacity as the Zoning Commission recommended to the Bozeman City Commission that application No. 22170, the Heritage Christian School Annexation Zone Map Amendment, be approved as requested by the applicant; and 178 Ordinance No. 2125, Heritage Christian School Annexation Zone Map Amendment Page 2 of 5 WHEREAS, after proper notice, the City Commission held its public hearing on August 16, 2022, to receive and review all written and oral testimony on the request for the zone map amendment; and WHEREAS, the City Commission has reviewed and considered the zone map amendment criteria established in Section 76-2-304, M.C.A., and found that the proposed zone map amendment 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, 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; 3. Zoning, including amendments to the zoning map, must be in accordance with an adopted growth policy; 4. A staff report analyzing the required criteria for a zone map amendment, including accordance to the Bozeman Community Plan 2020, found that the required criteria are satisfied; 5. The two required public hearings were advertised as required in state law and municipal code and all persons have had opportunity to review the materials applicable to the application and provide comment prior to a decision; 6. The Bozeman Zoning Commission has been established as required in state law and conducted their required public hearing; and after consideration of application materials, 179 Ordinance No. 2125, Heritage Christian School Annexation Zone Map Amendment Page 3 of 5 staff analysis and report, and all submitted public comment recommended approval of the requested R-3 district. 7. 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. 8. The City Commission considered the application materials, staff analysis and report, Zoning Commission recommendation, all submitted public comment, and all other relevant information. 9. The City Commission determines that, as set forth in the staff report and incorporating the staff findings as part of their decision, the required criteria for approval of Application No. 22170 the Heritage Christian School Annexation Zone Map Amendment have been satisfied. Section 2 That the zoning district designation of the following-described property is hereby established as R-3 (Residential Medium Density District): A tract of land being Tract B OF C.O.S. NO. 1829 and to the center line of adjacent public right of way for Durston Road. Section 3 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 4 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. 180 Ordinance No. 2125, Heritage Christian School Annexation Zone Map Amendment Page 4 of 5 Section 5 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 6 Codification. This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a disposition list in numerical order with all other ordinances of the City and shall be organized in a category entitled “Zone Map Amendments.” Section 7 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 _____th day of ________________, 2022. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk 181 Ordinance No. 2125, Heritage Christian School Annexation Zone Map Amendment Page 5 of 5 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 182 Memorandum REPORT TO:City Commission FROM:Lori Christenson, Health Officer SUBJECT:Health Officer Special Presentation MEETING DATE:September 27, 2022 AGENDA ITEM TYPE:Administration RECOMMENDATION:Health Officer Special Presentation STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:Special Presentation from the Gallatin County Health Officer. UNRESOLVED ISSUES:None ALTERNATIVES:None FISCAL EFFECTS:None Report compiled on: September 16, 2022 183 Memorandum REPORT TO:City Commission FROM:Jon Henderson, Strategic Services Director SUBJECT:National Community Survey Special Presentation MEETING DATE:September 27, 2022 AGENDA ITEM TYPE:Plan/Report/Study RECOMMENDATION:National Community Survey Special Presentation STRATEGIC PLAN:7.4 Performance Metrics: Utilize key performance and cost measures to monitor, track and improve the planning and delivery of City programs and services, and promote greater accountability, effectiveness and efficiency. Learn from those outside city government and measure specific tasks for performance. BACKGROUND:The City of Bozeman's Strategic Plan (Section 7.4) calls for the utilization of key performance measures to monitor, track, and improve the planning and delivery of City programs and services to promote greater accountability, effectiveness, and efficiency. From May 19, 2022 to July 7, 2022 the City conducted the National Community Survey to help gauge overall citizen satisfaction across a number of facets of community livability. This statistically valid survey builds on previous efforts completed in 2015, 2007, and 2005. Joseph Dell'Olio, account representative from Polco, will provide a brief presentation of results (see attached report). UNRESOLVED ISSUES:None. ALTERNATIVES:As directed by the City Commission. FISCAL EFFECTS:None. Attachments: The NCS Report - Bozeman, MT 2022.pdf Report compiled on: September 15, 2022 184 Bozeman, MT The National Community Survey Report of Results 2022 Report by: Visit us online! www.polco.us 185 About The NCS™ The National Community Survey™ (The NCS™) report is about the “livability” of Bozeman. A livable community is a place that is not simply habitable, but that is desirable. It is not only where people do live, but where they want to live. The survey was developed by the experts from National Research Center at Polco. Great communities are partnerships of the government, private sector, community-based organizations and residents, all geographically connected. The NCS captures residents’ opinions considering ten central facets of a community:  • Economy  • Mobility  • Community Design  • Utilities  • Safety  • Natural Environment  • Parks and Recreation  • Health and Wellness • Education, Arts, and Culture  • Inclusivity and Engagement The report provides the opinions of a representative sample of 466 residents of the City of Bozeman collected from May 19th, 2022 to July 7th 2022. The margin of error around any reported percentage is 5% for all respondents and the response rate for the 2022 survey was 17%. Survey results were weighted so that the demographic profile of respondents was representative of the demographic profile of adults in Bozeman. How the results are reported For the most part, the percentages presented in the following tabs represent the “percent positive.” Most commonly, the percent positive is the combination of the top two most positive response options (i.e., excellent/good, very safe/somewhat safe, etc.). On many of the questions in the survey respondents may answer “don’t know.” The proportion of respondents giving this reply is shown in the full set of responses included in the tab “Complete data.” However, these responses have been removed from the analyses presented in most of the tabs. In other words, the tables and graphs display the responses from respondents who had an opinion about a specific item. Comparisons to benchmarks NRC’s database of comparative resident opinion is comprised of resident perspectives gathered in surveys from over 600 communities whose residents evaluated the same kinds of topics on The National Community Survey. The comparison evaluations are from the most recent survey completed in each community in the last five years. NRC adds the latest results quickly upon survey completion, keeping the benchmark data fresh and relevant. The communities in the database represent a wide geographic and population range. In each tab, Bozeman's results are noted as being “higher” than the benchmark, “lower” than the benchmark, or “similar” to the benchmark, meaning that the average rating given by Bozeman residents is statistically similar to or different (greater or lesser) than the benchmark. Being rated as “higher” or “lower” than the benchmark means that Bozeman's average rating for a particular item was more than 10 points different than the benchmark. If a rating was “much higher” or “much lower,” then Bozeman's average rating was more than 20 points different when compared to the benchmark. The survey was administered during the COVID-19 pandemic, a time of challenge for many local governments. While we provide comparisons to national benchmarks, it is important to note that much of the benchmark data was collected prior to the pandemic. This may impact how your City's 2022 ratings compare to other communities’ ratings from the past five years. Trends over time Trend data for Bozeman represent important comparison data and should be examined for improvements or declines*. Deviations from stable trends over time represent opportunities for understanding how local policies, programs, or public information may have affected residents' opinions. Changes between survey years have been noted with an arrow and the percent difference. If the difference is greater than seven percentage points between the 2015 and 2022 surveys, the change is statistically significant. * In 2020, The NCS survey was updated to include new and refreshed items. Consequently, some of the trends may be impacted due to wording modifications that could have potentially altered the meaning of the item for the respondent. 1 186 About The NCS™The National Community Survey™ (The NCS™) report is about the“livability” of Bozeman. A livable community is a place that is not simplyhabitable, but that is desirable. It is not only where people do live, butwhere they want to live. The survey was developed by the experts fromNational Research Center at Polco.Great communities are partnerships of the government, private sector,community-based organizations and residents, all geographicallyconnected. The NCS captures residents’ opinions considering ten centralfacets of a community: • Economy • Mobility • Community Design • Utilities • Safety • Natural Environment • Parks and Recreation • Health and Wellness • Education, Arts, and Culture • Inclusivity and EngagementThe report provides the opinions of a representative sample of 466residents of the City of Bozeman collected from May 19th, 2022 to July 7th2022. The margin of error around any reported percentage is 5% for allrespondents and the response rate for the 2022 survey was 17%. Surveyresults were weighted so that the demographic profile of respondents wasrepresentative of the demographic profile of adults in Bozeman.How the results are reportedFor the most part, the percentages presented in the following tabs represent the “percent positive.” Most commonly, thepercent positive is the combination of the top two most positive response options (i.e., excellent/good, very safe/somewhat safe,etc.). On many of the questions in the survey respondents may answer “don’t know.” The proportion of respondents giving thisreply is shown in the full set of responses included in the tab “Complete data.” However, these responses have been removedfrom the analyses presented in most of the tabs. In other words, the tables and graphs display the responses from respondentswho had an opinion about a specific item.Comparisons to benchmarksNRC’s database of comparative resident opinion is comprised of resident perspectives gathered in surveys from over 600communities whose residents evaluated the same kinds of topics on The National Community Survey. The comparisonevaluations are from the most recent survey completed in each community in the last five years. NRC adds the latest resultsquickly upon survey completion, keeping the benchmark data fresh and relevant. The communities in the database represent awide geographic and population range. In each tab, Bozeman's results are noted as being “higher” than the benchmark, “lower”than the benchmark, or “similar” to the benchmark, meaning that the average rating given by Bozeman residents is statisticallysimilar to or different (greater or lesser) than the benchmark. Being rated as “higher” or “lower” than the benchmark means thatBozeman's average rating for a particular item was more than 10 points different than the benchmark. If a rating was “muchhigher” or “much lower,” then Bozeman's average rating was more than 20 points different when compared to the benchmark.The survey was administered during the COVID-19 pandemic, a time of challenge for many local governments. While we providecomparisons to national benchmarks, it is important to note that much of the benchmark data was collected prior to thepandemic. This may impact how your City's 2022 ratings compare to other communities’ ratings from the past five years. Trends over time Trend data for Bozeman represent important comparison data and should be examined for improvements or declines*. Deviations from stable trends over time represent opportunities for understanding how local policies, programs, or public information may have affected residents' opinions. Changes between survey years have been noted with an arrow and the percent difference. If the difference is greater than seven percentage points between the 2015 and 2022 surveys, the change is statistically significant. * In 2020, The NCS survey was updated to include new and refreshed items. Consequently, some of the trends may be impacted due to wording modifications that could have potentially altered the meaning of the item for the respondent. 2 187 Conducting the survey The 2,800 randomly selected households received mailings beginning on May 19th, 2022 and the survey remained open for 7 weeks. The first mailing was a postcard inviting the household to participate in the survey. The next mailing contained a cover letter with instructions, the survey questionnaire, and a postage-paid return envelope. All mailings included a web link to give residents the opportunity to respond to the survey online. All follow-up mailings asked those who had not completed the survey to do so and those who had already done so to refrain from completing the survey again. The survey was available in English and Spanish.  All mailings contained paragraphs in both languages instructing participants on how to complete the survey in their preferred language. About 3% of the 2,800 mailed invitations or surveys were returned because the household address was vacant or the postal service was unable to deliver the survey as addressed. Of the remaining 2,709 households that received the invitations to participate, 466 completed the survey, providing an overall response rate of 17%. The response rate was calculated using AAPOR’s response rate #2* for mailed surveys of unnamed persons. It is customary to describe the precision of estimates made from surveys by a “level of confidence” and accompanying “confidence interval” (or margin of error). A traditional level of confidence, and the one used here, is 95%. The 95% confidence interval can be any size and quantifies the sampling error or imprecision of the survey results because some residents’ opinions are relied on to estimate all residents’ opinions. The margin of error for the City of Bozeman survey is no greater than plus or minus five percentage points around any given percent reported for all respondents (466 completed surveys). In addition to the randomly selected “probability sample” of households, a link to an online open participation survey was publicized by the City of Bozeman. The open participation survey was identical to the probability sample survey with a question about where they heard about the survey. The open participation survey was open to all city residents and became available on June 23rd, 2022. The survey remained open for 4 weeks. The data presented in the following tabs exclude the open participation survey data, but a tab at the end provides the complete frequency of responses to questions by the open participation respondents. The survey datasets were analyzed using all or some of a combination of the Statistical Package for the Social Sciences (SPSS), R, Python and Tableau. For the most part, the percentages presented in the reports represent the “percent positive.” The percent positive is the combination of the top two most positive response options (i.e., excellent/good, very safe/somewhat safe, essential/very important, etc.), or, in the case of resident behaviors/participation, the percent positive represents the proportion of respondents indicating “yes” or participating in an activity at least once a month. On many of the questions in the survey respondents may answer “don’t know.” The proportion of respondents giving this reply is shown in the full set of responses included in the tab “Complete data”. However, these responses have been removed from the analyses presented in the reports. In other words, the tables and graphs display the responses from respondents who had an opinion about a specific item. Contact The City of Bozeman funded this research. Please contact Jon Henderson of the City of Bozeman at jon.henderson@bozeman.net if you have any questions about the survey. Survey Validity See the Polco Knowledge Base article on survey validity at https://info.polco.us/knowledge/statistical-vali * See AAPOR's Standard Definitions for more information at https://www.aapor.org/Publications-Media/AAPOR-Journals/Standard-Definitions.aspx * Pasek, J. (2010). ANES Weighting Algorithm.  Retrieved from https://web.stanford.edu/group/iriss/cgi-bin/anesrake/resources/RakingDescription.pdf * Targets come from the 2010 Census and 2020 American Community Survey Unweighted Weighted Target* Age 18-34 35-54 55+ Hispanic origin No, not Spanish, Hispanic, or Latino Spanish, Hispanic, or Latino Housing tenure Own Rent Housing type Attached Detached Race & Hispanic origin Not white alone White alone, not Hispanic or Latino Sex Female Male Sex/age Female 18-34 Female 35-54 Female 55+ Male 18-34 Male 35-54 Male 55+ Analyzing the data Responses from mailed surveys were entered into an electronic dataset using a “key and verify” method, where all responses are entered twice and compared to each other. Any discrepancies were resolved in comparison to the original survey form. Range checks as well as other forms of quality control were also performed. Responses from surveys completed on Polco were downloaded and merged with the mailed survey responses. The demographics of the survey respondents were compared to those found in the 2010 Census and 2020 American Community Survey estimates for adults in the City of Bozeman. The primary objective of weighting survey data is to make the survey respondents reflective of the larger population of the community. The characteristics used for weighting were age, sex, race, Hispanic origin, housing type, and housing tenure. No adjustments were made for design effects. Weights were calculated using an iterative, multiplicative raking model known as the ANES Weighting Algorithm.* The results of the weighting scheme for the probability sample are presented in the following table. NRC aligns demographic labels with those used by the U.S. Census for reporting purposes, when possible. Some categories (e.g., age, race/Hispanic origin, housing type, and length of residency) are combined into smaller subgroups. Methods Selecting survey recipients All households within the City of Bozeman were eligible to participate in the survey. A list of all households within the zip codes serving Bozeman was purchased from Go-Dog Direct based on updated listings from the United States Postal Service. Since some of the zip codes that serve the City of Bozeman households may also serve addresses that lie outside of the community, the exact geographic location of each housing unit was compared to community boundaries using the most current municipal boundary file. Addresses located outside of the City of Bozeman boundaries were removed from the list of potential households to survey. From that list, addresses were randomly selected as survey recipients, with multi-family housing units (defined as those with a unit number) sampled at a rate of 53 compared to single family housing units. An individual within each household was selected using the birthday method. The birthday method selects a person within the household by asking the “person whose birthday has most recently passed” to complete the questionnaire. The underlying assumption in this method is that day of birth has no relationship to the way people respond to surveys. This instruction was contained in the introduction of the survey. 3 188 Conducting the surveyThe 2,800 randomly selected households received mailings beginning on May 19th, 2022 and the survey remained open for 7weeks. The first mailing was a postcard inviting the household to participate in the survey. The next mailing contained a coverletter with instructions, the survey questionnaire, and a postage-paid return envelope. All mailings included a web link to giveresidents the opportunity to respond to the survey online. All follow-up mailings asked those who had not completed the surveyto do so and those who had already done so to refrain from completing the survey again.The survey was available in English and Spanish.  All mailings contained paragraphs in both languages instructing participants onhow to complete the survey in their preferred language.About 3% of the 2,800 mailed invitations or surveys were returned because the household address was vacant or the postalservice was unable to deliver the survey as addressed. Of the remaining 2,709 households that received the invitations toparticipate, 466 completed the survey, providing an overall response rate of 17%. The response rate was calculated usingAAPOR’s response rate #2* for mailed surveys of unnamed persons.It is customary to describe the precision of estimates made from surveys by a “level of confidence” and accompanying“confidence interval” (or margin of error). A traditional level of confidence, and the one used here, is 95%. The 95% confidenceinterval can be any size and quantifies the sampling error or imprecision of the survey results because some residents’ opinionsare relied on to estimate all residents’ opinions. The margin of error for the City of Bozeman survey is no greater than plus orminus five percentage points around any given percent reported for all respondents (466 completed surveys).In addition to the randomly selected “probability sample” of households, a link to an online open participation survey waspublicized by the City of Bozeman. The open participation survey was identical to the probability sample survey with a questionabout where they heard about the survey. The open participation survey was open to all city residents and became available onJune 23rd, 2022. The survey remained open for 4 weeks. The data presented in the following tabs exclude the open participationsurvey data, but a tab at the end provides the complete frequency of responses to questions by the open participationrespondents. The survey datasets were analyzed using all or some of a combination of the Statistical Package for the Social Sciences (SPSS), R, Python and Tableau. For the most part, the percentages presented in the reports represent the “percent positive.” The percent positive is the combination of the top two most positive response options (i.e., excellent/good, very safe/somewhat safe, essential/very important, etc.), or, in the case of resident behaviors/participation, the percent positive represents the proportion of respondents indicating “yes” or participating in an activity at least once a month. On many of the questions in the survey respondents may answer “don’t know.” The proportion of respondents giving this reply is shown in the full set of responses included in the tab “Complete data”. However, these responses have been removed from the analyses presented in the reports. In other words, the tables and graphs display the responses from respondents who had an opinion about a specific item. Contact The City of Bozeman funded this research. Please contact Jon Henderson of the City of Bozeman at jon.henderson@bozeman.net if you have any questions about the survey. Survey Validity See the Polco Knowledge Base article on survey validity at https://info.polco.us/knowledge/statistical-vali * See AAPOR's Standard Definitions for more information at https://www.aapor.org/Publications-Media/AAPOR-Journals/Standard-Definitions.aspx * Pasek, J. (2010). ANES Weighting Algorithm.  Retrieved from https://web.stanford.edu/group/iriss/cgi-bin/anesrake/resources/RakingDescription.pdf * Targets come from the 2010 Census and 2020 American Community Survey Unweighted Weighted Target* Age 18-34 35-54 55+ Hispanic origin No, not Spanish, Hispanic, or Latino Spanish, Hispanic, or Latino Housing tenure Own Rent Housing type Attached Detached Race & Hispanic origin Not white alone White alone, not Hispanic or Latino Sex Female Male Sex/age Female 18-34 Female 35-54 Female 55+ Male 18-34 Male 35-54 Male 55+ 20% 22% 58% 20% 22% 58% 52% 27% 21% 4% 96% 4% 96% 1% 99% 57% 43% 57% 43% 33% 67% 40% 60% 40% 60% 53% 47% 90% 10% 90% 10% 95% 5% 53% 47% 53% 47% 43% 57% 9% 11% 32% 11% 10% 26% 9% 11% 32% 11% 10% 26% 23% 12% 8% 29% 16% 13% Analyzing the data Responses from mailed surveys were entered into an electronic dataset using a “key and verify” method, where all responses are entered twice and compared to each other. Any discrepancies were resolved in comparison to the original survey form. Range checks as well as other forms of quality control were also performed. Responses from surveys completed on Polco were downloaded and merged with the mailed survey responses. The demographics of the survey respondents were compared to those found in the 2010 Census and 2020 American Community Survey estimates for adults in the City of Bozeman. The primary objective of weighting survey data is to make the survey respondents reflective of the larger population of the community. The characteristics used for weighting were age, sex, race, Hispanic origin, housing type, and housing tenure. No adjustments were made for design effects. Weights were calculated using an iterative, multiplicative raking model known as the ANES Weighting Algorithm.* The results of the weighting scheme for the probability sample are presented in the following table. NRC aligns demographic labels with those used by the U.S. Census for reporting purposes, when possible. Some categories (e.g., age, race/Hispanic origin, housing type, and length of residency) are combined into smaller subgroups. MethodsSelecting survey recipientsAll households within the City of Bozeman were eligible to participate in the survey. A list of all households within the zip codesserving Bozeman was purchased from Go-Dog Direct based on updated listings from the United States Postal Service. Since someof the zip codes that serve the City of Bozeman households may also serve addresses that lie outside of the community, the exactgeographic location of each housing unit was compared to community boundaries using the most current municipal boundaryfile. Addresses located outside of the City of Bozeman boundaries were removed from the list of potential households to survey.From that list, addresses were randomly selected as survey recipients, with multi-family housing units (defined as those with aunit number) sampled at a rate of 53 compared to single family housing units.An individual within each household was selected using the birthday method. The birthday method selects a person within thehousehold by asking the “person whose birthday has most recently passed” to complete the questionnaire. The underlyingassumption in this method is that day of birth has no relationship to the way people respond to surveys. This instruction wascontained in the introduction of the survey. 4 189 Conducting the surveyThe 2,800 randomly selected households received mailings beginning on May 19th, 2022 and the survey remained open for 7weeks. The first mailing was a postcard inviting the household to participate in the survey. The next mailing contained a coverletter with instructions, the survey questionnaire, and a postage-paid return envelope. All mailings included a web link to giveresidents the opportunity to respond to the survey online. All follow-up mailings asked those who had not completed the surveyto do so and those who had already done so to refrain from completing the survey again.The survey was available in English and Spanish.  All mailings contained paragraphs in both languages instructing participants onhow to complete the survey in their preferred language.About 3% of the 2,800 mailed invitations or surveys were returned because the household address was vacant or the postalservice was unable to deliver the survey as addressed. Of the remaining 2,709 households that received the invitations toparticipate, 466 completed the survey, providing an overall response rate of 17%. The response rate was calculated usingAAPOR’s response rate #2* for mailed surveys of unnamed persons.It is customary to describe the precision of estimates made from surveys by a “level of confidence” and accompanying“confidence interval” (or margin of error). A traditional level of confidence, and the one used here, is 95%. The 95% confidenceinterval can be any size and quantifies the sampling error or imprecision of the survey results because some residents’ opinionsare relied on to estimate all residents’ opinions. The margin of error for the City of Bozeman survey is no greater than plus orminus five percentage points around any given percent reported for all respondents (466 completed surveys).In addition to the randomly selected “probability sample” of households, a link to an online open participation survey waspublicized by the City of Bozeman. The open participation survey was identical to the probability sample survey with a questionabout where they heard about the survey. The open participation survey was open to all city residents and became available onJune 23rd, 2022. The survey remained open for 4 weeks. The data presented in the following tabs exclude the open participationsurvey data, but a tab at the end provides the complete frequency of responses to questions by the open participationrespondents. The survey datasets were analyzed using all or some of a combination of the Statistical Package for the Social Sciences (SPSS), R, Python and Tableau. For the most part, the percentages presented in the reports represent the “percent positive.” The percent positive is the combination of the top two most positive response options (i.e., excellent/good, very safe/somewhat safe, essential/very important, etc.), or, in the case of resident behaviors/participation, the percent positive represents the proportion of respondents indicating “yes” or participating in an activity at least once a month. On many of the questions in the survey respondents may answer “don’t know.” The proportion of respondents giving this reply is shown in the full set of responses included in the tab “Complete data”. However, these responses have been removed from the analyses presented in the reports. In other words, the tables and graphs display the responses from respondents who had an opinion about a specific item. Contact The City of Bozeman funded this research. Please contact Jon Henderson of the City of Bozeman at jon.henderson@bozeman.net if you have any questions about the survey. Survey Validity See the Polco Knowledge Base article on survey validity at https://info.polco.us/knowledge/statistical-vali * See AAPOR's Standard Definitions for more information at https://www.aapor.org/Publications-Media/AAPOR-Journals/Standard-Definitions.aspx * Pasek, J. (2010). ANES Weighting Algorithm.  Retrieved from https://web.stanford.edu/group/iriss/cgi-bin/anesrake/resources/RakingDescription.pdf * Targets come from the 2010 Census and 2020 American Community Survey Unweighted Weighted Target*Age 18-3435-5455+Hispanic origin No, not Spanish, Hispanic, or LatinoSpanish, Hispanic, or LatinoHousing tenure OwnRentHousing type AttachedDetachedRace & Hispanicorigin Not white aloneWhite alone, not Hispanic or LatinoSexFemaleMaleSex/age Female 18-34Female 35-54Female 55+Male 18-34Male 35-54Male 55+Analyzing the dataResponses from mailed surveys were entered into an electronic dataset using a “key and verify” method, where all responses areentered twice and compared to each other. Any discrepancies were resolved in comparison to the original survey form. Rangechecks as well as other forms of quality control were also performed. Responses from surveys completed on Polco weredownloaded and merged with the mailed survey responses.The demographics of the survey respondents were compared to those found in the 2010 Census and 2020 American CommunitySurvey estimates for adults in the City of Bozeman. The primary objective of weighting survey data is to make the surveyrespondents reflective of the larger population of the community. The characteristics used for weighting were age, sex, race,Hispanic origin, housing type, and housing tenure. No adjustments were made for design effects. Weights were calculated usingan iterative, multiplicative raking model known as the ANES Weighting Algorithm.* The results of the weighting scheme for theprobability sample are presented in the following table.NRC aligns demographic labels with those used by the U.S. Census for reporting purposes, when possible. Some categories (e.g.,age, race/Hispanic origin, housing type, and length of residency) are combined into smaller subgroups.MethodsSelecting survey recipientsAll households within the City of Bozeman were eligible to participate in the survey. A list of all households within the zip codesserving Bozeman was purchased from Go-Dog Direct based on updated listings from the United States Postal Service. Since someof the zip codes that serve the City of Bozeman households may also serve addresses that lie outside of the community, the exactgeographic location of each housing unit was compared to community boundaries using the most current municipal boundaryfile. Addresses located outside of the City of Bozeman boundaries were removed from the list of potential households to survey.From that list, addresses were randomly selected as survey recipients, with multi-family housing units (defined as those with aunit number) sampled at a rate of 53 compared to single family housing units.An individual within each household was selected using the birthday method. The birthday method selects a person within thehousehold by asking the “person whose birthday has most recently passed” to complete the questionnaire. The underlyingassumption in this method is that day of birth has no relationship to the way people respond to surveys. This instruction wascontained in the introduction of the survey. 5 190 Highlights Aspects of the city’s economy remain strong, despite concerns about affordability and the overall economic outlook. Though the overall economic health of Bozeman experienced a notable drop since the previous iteration of The NCS (from 66% in 2015 to 40% in 2022), many aspects of the economy are still highly rated by residents. About 8 in 10 gave high marks to Bozeman as a place to visit (higher than the benchmark), the vibrancy of the city’s downtown and commercial area (much higher than the benchmark), and the overall quality of business and service establishments (similar to the benchmark). Two-thirds also supported the variety of business and service establishments and shopping opportunities, while around half of residents offered positive ratings to employment opportunities and Bozeman as a place to work. When asked what impact the economy would have on their household income in the next six months, about 1 in 10 felt the impact would be positive. In alignment with other facets, cost of living was the lowest-rated item pertaining to Bozeman’s economy, receiving positive evaluations from only 4% of respondents. Utilities are strong in Bozeman, though internet service may be an area of opportunity. Most utility services in Bozeman were rated positively by the majority of residents. Two-thirds were pleased with the overall quality of the city’s utility infrastructure, on par with comparison communities across the country. About 9 in 10 gave high marks to sewer services, drinking water, and garbage collection; of these, drinking water scored higher than national benchmarks, while all others were similar. Most residents also had positive views toward power utility (75% excellent or good) and utility billing (66%). Ratings for stormwater management were high (83%) and experienced a notable increase from the 2015 iteration of The NCS, which is especially noteworthy considering the devastating floods close in proximity to Bozeman during this survey administration. The only item relating to utilities that was rated positively by less than half of residents was affordable high-speed internet access (45%); while this was still similar to national benchmark comparisons, it may present an opportunity for growth. Additionally, the City included a unique survey question that asked residents how likely they would be to opt for increased utility fees in order to receive electricity from renewable sources. Three-quarters of respondents said they were very .. Bozeman residents feel safe in their community and appreciate safety-related services. The overall feelings of safety in Bozeman continued to receive high marks and contribute to the quality of life in the city. At least 9 in 10 reported feeling very or somewhat safe in their neighborhood and Bozeman’s downtown/commercial area during the day, as well as from violent crime. About 8 in 10 similarly felt safe from property crime and from fire, flood, and other natural disasters. In addition, safety-related services also garnered support from a strong majority of residents. This was highlighted by positive ratings for fire services (90% excellent or good), followed by ambulance/EMS services (81%) and crime prevention (79%). About 7 in 10 also were pleased with the City’s police services, fire prevention and education, and animal control. All safety ratings were similar to the national benchmarks. Community design and housing  are priorities for residents. When asked about which aspects of the community the City should focus on in the next two years, about 8 in 10 residents responded that the overall design or layout of residential and commercial areas is an area of priority. A lower proportion of residents gave positive ratings to the quality of community design in Bozeman (41% excellent or good), which was lower than the national average. In this facet, survey participants gave the highest ratings to their neighborhood as a place to live (78% excellent or good), the overall appearance of Bozeman (73%), and public places where people want to spend time (72%); all of these were similar to national comparison communities. About 4 in 10 gave positive marks to well-designed neighborhoods in Bozeman, while about 2 in 10 felt similarly toward well-planned residential and commercial growth. Results indicated that the most concern was surrounding items related to housing: evaluations for the overall quality of new development (22% excellent or good), variety of housing options (8%), and availability of affordable quality housing (3%) were all much lower than the national benchmarks. Additionally, in a custom question unique to the City of Bozeman, residents were asked whether they’d like to see more effort, less effort, or the same amount of effort from the City to address various aspects of the community. About 84% of residents indicated that housing should receive more effort, and 32% said the same for neighborhoods. The availability of recreational opportunities continues to be a bright spot for Bozeman. Nearly all survey items pertaining to parks and recreation in Bozeman received strong support from the community. Most residents gave positive ratings to recreational opportunities (91% excellent or good), fitness opportunities (87%), and the availability of paths and walking trails (85%), all of which were higher than national averages. The overall quality of parks and recreation opportunities garnered favorable reviews from nearly 9 in 10 respondents.  Additionally, strong marks were also given to City parks (84%), recreation programs or classes (72%), and recreation centers or facilities (61%), on par with benchmark comparison communities across the nation. 6 191 HighlightsAspects of the city’s economy remain strong, despite concerns about affordability and the overall economicoutlook.Though the overall economic health of Bozeman experienced a notable drop since the previous iteration of The NCS (from 66% in2015 to 40% in 2022), many aspects of the economy are still highly rated by residents. About 8 in 10 gave high marks to Bozemanas a place to visit (higher than the benchmark), the vibrancy of the city’s downtown and commercial area (much higher than thebenchmark), and the overall quality of business and service establishments (similar to the benchmark). Two-thirds alsosupported the variety of business and service establishments and shopping opportunities, while around half of residents offeredpositive ratings to employment opportunities and Bozeman as a place to work. When asked what impact the economy wouldhave on their household income in the next six months, about 1 in 10 felt the impact would be positive. In alignment with otherfacets, cost of living was the lowest-rated item pertaining to Bozeman’s economy, receiving positive evaluations from only 4% ofrespondents.Utilities are strong in Bozeman, though internet service may be an area of opportunity.Most utility services in Bozeman were rated positively by the majority of residents. Two-thirds were pleased with the overallquality of the city’s utility infrastructure, on par with comparison communities across the country. About 9 in 10 gave high marksto sewer services, drinking water, and garbage collection; of these, drinking water scored higher than national benchmarks,while all others were similar. Most residents also had positive views toward power utility (75% excellent or good) and utilitybilling (66%). Ratings for stormwater management were high (83%) and experienced a notable increase from the 2015 iterationof The NCS, which is especially noteworthy considering the devastating floods close in proximity to Bozeman during this surveyadministration. The only item relating to utilities that was rated positively by less than half of residents was affordablehigh-speed internet access (45%); while this was still similar to national benchmark comparisons, it may present an opportunityfor growth. Additionally, the City included a unique survey question that asked residents how likely they would be to opt forincreased utility fees in order to receive electricity from renewable sources. Three-quarters of respondents said they were very ..Bozeman residents feel safe in their community and appreciate safety-related services.The overall feelings of safety in Bozeman continued to receive high marks and contribute to the quality of life in the city. At least9 in 10 reported feeling very or somewhat safe in their neighborhood and Bozeman’s downtown/commercial area during the day,as well as from violent crime. About 8 in 10 similarly felt safe from property crime and from fire, flood, and other naturaldisasters. In addition, safety-related services also garnered support from a strong majority of residents. This was highlighted bypositive ratings for fire services (90% excellent or good), followed by ambulance/EMS services (81%) and crime prevention(79%). About 7 in 10 also were pleased with the City’s police services, fire prevention and education, and animal control. Allsafety ratings were similar to the national benchmarks.Community design and housing  are priorities for residents.When asked about which aspects of the community the City should focus on in the next two years, about 8 in 10 residentsresponded that the overall design or layout of residential and commercial areas is an area of priority. A lower proportion ofresidents gave positive ratings to the quality of community design in Bozeman (41% excellent or good), which was lower than thenational average.In this facet, survey participants gave the highest ratings to their neighborhood as a place to live (78% excellent or good), theoverall appearance of Bozeman (73%), and public places where people want to spend time (72%); all of these were similar tonational comparison communities. About 4 in 10 gave positive marks to well-designed neighborhoods in Bozeman, while about 2in 10 felt similarly toward well-planned residential and commercial growth. Results indicated that the most concern wassurrounding items related to housing: evaluations for the overall quality of new development (22% excellent or good), variety ofhousing options (8%), and availability of affordable quality housing (3%) were all much lower than the national benchmarks.Additionally, in a custom question unique to the City of Bozeman, residents were asked whether they’d like to see more effort,less effort, or the same amount of effort from the City to address various aspects of the community. About 84% of residentsindicated that housing should receive more effort, and 32% said the same for neighborhoods. The availability of recreational opportunities continues to be a bright spot for Bozeman. Nearly all survey items pertaining to parks and recreation in Bozeman received strong support from the community. Most residents gave positive ratings to recreational opportunities (91% excellent or good), fitness opportunities (87%), and the availability of paths and walking trails (85%), all of which were higher than national averages. The overall quality of parks and recreation opportunities garnered favorable reviews from nearly 9 in 10 respondents.  Additionally, strong marks were also given to City parks (84%), recreation programs or classes (72%), and recreation centers or facilities (61%), on par with benchmark comparison communities across the nation. 7 192 Facets of livability Resident perceptions of quality and importance for each of the facets of community livability provide an overview of community strengths and challenges that are useful for planning, budgeting and performance evaluation. The charts below show the proportion of residents who rated the community facets positively for quality and the priority (importance) placed on each. Also displayed is whether local ratings were lower, similar, or higher than communities across the country (the national benchmark). 2014 2016 2018 2020 2022 Overall economic health Overall quality of the transportation system Overall design or layout of residential and commercial areas Overall quality of the utility infrastructure Overall feeling of safety Overall quality of natural environment Overall quality of parks and recreation opportunities Overall health and wellness opportunities Overall opportunities for education, culture, and the arts Residents' connection and engagement with their community 66%40% Lower 66%40% Lower 45% Similar 45% Similar 64%41% Lower 64%41% Lower 67% Similar 67% Similar 92%89% Similar 92%89% Similar 87%89% Higher 87%89% Higher 88% Similar 88% Similar 81%82% Similar 81%82% Similar 86%71% Similar 86%71% Similar 53% Similar 53% Similar Please rate each of the following characteristics as they relate to Bozeman as a whole. (% excellent or good) Overall economic health Overall quality of the transportation system Overall design or layout of residential and commercial areas Overall quality of the utility infrastructure Overall feeling of safety Overall quality of natural environment Overall quality of parks and recreation opportunities Overall health and wellness opportunities Overall opportunities for education, culture, and the arts Residents' connection and engagement with their community Please rate how important, if at all, you think it is for the Bozeman community to focus on each of the following in the coming two years. (% essential or very important) * Comparison to the national benchmark is shown. If no comparison is available, this is left blank. Balancing performance and importance Every jurisdiction must balance limited resources while meeting resident needs and striving to optimize community livability. To this end, it is helpful to know what aspects of the community are most important to residents and which they perceive as being of higher or lower quality. It is especially helpful to know when a facet of livability is considered of high importance but rated as lower quality, as this should be a top priority to address. To help guide City staff and officials with decisions on future resource allocation, resident ratings of the importance of services were compared to their ratings of the quality of these services. To identify the services perceived by residents to have relatively lower quality at the same time as relatively higher importance, all services were ranked from highest perceived quality to lowest perceived quality and from highest perceived importance to lowest perceived importance. Some services were in the top half of both lists (higher quality and higher importance); some were in the top half of one list but the bottom half of the other (higher quality and lower importance or lower quality and higher importance); and some services were in the bottom half of both lists. Services receiving quality ratings of excellent or good by 69% or more of respondents were considered of “higher quality” and those with ratings lower than 69% were considered to be of “lower quality.” Services were classified as “more important” if they were rated as essential or very important by 71% or more of respondents. Services were rated as “less important” if they received a rating of less than 71%. This classification uses the median ratings for quality and importance to divide the services in half. The quadrants in the figure below show which community facets were given higher or lower importance ratings (right-left) and which had higher or lower quality ratings (up-down). Facets of livability falling closer to a diagonal line from the lower left to the upper right are those where performance ratings are more commensurate with resident priorities. Facets scoring  closest to the lower right hand corner of the matrix ( higher in importance and lower in quality) are those that may warrant further investigation to see if changes to their delivery are necessary to improve their performance. This is the key part of this chart on which to focus. Facets falling in the top left hand corner of the chart (lower in importance but higher in quality) are areas where performance may outscore resident priorities, and may be a consideration for lower resource allocation. (vs. benchmark*) 8 193 Facets of livabilityResident perceptions of quality and importance for each of the facets of community livability provide an overview ofcommunity strengths and challenges that are useful for planning, budgeting and performance evaluation.The charts below show the proportion of residents who rated the community facets positively for quality and thepriority (importance) placed on each. Also displayed is whether local ratings were lower, similar, or higher thancommunities across the country (the national benchmark).Overall economic healthOverall quality of the transportation systemOverall design or layout of residential and commercialareasOverall quality of the utility infrastructureOverall feeling of safetyOverall quality of natural environmentOverall quality of parks and recreation opportunitiesOverall health and wellness opportunitiesOverall opportunities for education, culture, and the artsResidents' connection and engagement with theircommunityPlease rate each of the following characteristics as they relate to Bozeman as a whole.(% excellent or good) 2014 2016 2018 2020 2022 Overall economic health Overall quality of the transportation system Overall design or layout of residential and commercial areas Overall quality of the utility infrastructure Overall feeling of safety Overall quality of natural environment Overall quality of parks and recreation opportunities Overall health and wellness opportunities Overall opportunities for education, culture, and the arts Residents' connection and engagement with their community 84%80% Similar 84%80% Similar 71% Similar 71% Similar 78%83% Similar 78%83% Similar 83% Similar 83% Similar 70%62% Lower 70%62% Lower 85%84% Similar 85%84% Similar 72% Similar 72% Similar 74%67% Similar 74%67% Similar 77%63% Similar 77%63% Similar 73%63% Similar 73%63% Similar Please rate how important, if at all, you think it is for the Bozeman community to focus on each of the following in the coming two years. (% essential or very important) * Comparison to the national benchmark is shown. If no comparison is available, this is left blank. Balancing performance and importance Every jurisdiction must balance limited resources while meeting resident needs and striving to optimize community livability. To this end, it is helpful to know what aspects of the community are most important to residents and which they perceive as being of higher or lower quality. It is especially helpful to know when a facet of livability is considered of high importance but rated as lower quality, as this should be a top priority to address. To help guide City staff and officials with decisions on future resource allocation, resident ratings of the importance of services were compared to their ratings of the quality of these services. To identify the services perceived by residents to have relatively lower quality at the same time as relatively higher importance, all services were ranked from highest perceived quality to lowest perceived quality and from highest perceived importance to lowest perceived importance. Some services were in the top half of both lists (higher quality and higher importance); some were in the top half of one list but the bottom half of the other (higher quality and lower importance or lower quality and higher importance); and some services were in the bottom half of both lists. Services receiving quality ratings of excellent or good by 69% or more of respondents were considered of “higher quality” and those with ratings lower than 69% were considered to be of “lower quality.” Services were classified as “more important” if they were rated as essential or very important by 71% or more of respondents. Services were rated as “less important” if they received a rating of less than 71%. This classification uses the median ratings for quality and importance to divide the services in half. The quadrants in the figure below show which community facets were given higher or lower importance ratings (right-left) and which had higher or lower quality ratings (up-down). Facets of livability falling closer to a diagonal line from the lower left to the upper right are those where performance ratings are more commensurate with resident priorities. Facets scoring  closest to the lower right hand corner of the matrix ( higher in importance and lower in quality) are those that may warrant further investigation to see if changes to their delivery are necessary to improve their performance. This is the key part of this chart on which to focus. Facets falling in the top left hand corner of the chart (lower in importance but higher in quality) are areas where performance may outscore resident priorities, and may be a consideration for lower resource allocation. (vs. benchmark*) 9 194 Facets of livabilityResident perceptions of quality and importance for each of the facets of community livability provide an overview ofcommunity strengths and challenges that are useful for planning, budgeting and performance evaluation.The charts below show the proportion of residents who rated the community facets positively for quality and thepriority (importance) placed on each. Also displayed is whether local ratings were lower, similar, or higher thancommunities across the country (the national benchmark).Overall economic healthOverall quality of the transportation systemOverall design or layout of residential and commercialareasOverall quality of the utility infrastructureOverall feeling of safetyOverall quality of natural environmentOverall quality of parks and recreation opportunitiesOverall health and wellness opportunitiesOverall opportunities for education, culture, and the artsResidents' connection and engagement with theircommunityPlease rate each of the following characteristics as they relate to Bozeman as a whole.(% excellent or good)Overall economic healthOverall quality of the transportation systemOverall design or layout of residential and commercialareasOverall quality of the utility infrastructureOverall feeling of safetyOverall quality of natural environmentOverall quality of parks and recreation opportunitiesOverall health and wellness opportunitiesOverall opportunities for education, culture, and the artsResidents' connection and engagement with theircommunityPlease rate how important, if at all, you think it is for the Bozeman community to focus on each of the following inthe coming two years.(% essential or very important)* Comparison to the national benchmark is shown. If no comparison is available, this is left blank. Balancing performance and importance Every jurisdiction must balance limited resources while meeting resident needs and striving to optimize community livability. To this end, it is helpful to know what aspects of the community are most important to residents and which they perceive as being of higher or lower quality. It is especially helpful to know when a facet of livability is considered of high importance but rated as lower quality, as this should be a top priority to address. To help guide City staff and officials with decisions on future resource allocation, resident ratings of the importance of services were compared to their ratings of the quality of these services. To identify the services perceived by residents to have relatively lower quality at the same time as relatively higher importance, all services were ranked from highest perceived quality to lowest perceived quality and from highest perceived importance to lowest perceived importance. Some services were in the top half of both lists (higher quality and higher importance); some were in the top half of one list but the bottom half of the other (higher quality and lower importance or lower quality and higher importance); and some services were in the bottom half of both lists. Services receiving quality ratings of excellent or good by 69% or more of respondents were considered of “higher quality” and those with ratings lower than 69% were considered to be of “lower quality.” Services were classified as “more important” if they were rated as essential or very important by 71% or more of respondents. Services were rated as “less important” if they received a rating of less than 71%. This classification uses the median ratings for quality and importance to divide the services in half. The quadrants in the figure below show which community facets were given higher or lower importance ratings (right-left) and which had higher or lower quality ratings (up-down). Facets of livability falling closer to a diagonal line from the lower left to the upper right are those where performance ratings are more commensurate with resident priorities. Facets scoring  closest to the lower right hand corner of the matrix ( higher in importance and lower in quality) are those that may warrant further investigation to see if changes to their delivery are necessary to improve their performance. This is the key part of this chart on which to focus. Facets falling in the top left hand corner of the chart (lower in importance but higher in quality) are areas where performance may outscore resident priorities, and may be a consideration for lower resource allocation. 60%70%80% Importance 40% 50% 60% 70% 80% 90%QualityCommunity design Economy Education, arts, and culture Health and wellness Inclusivity and engagement Mobility Natural environment Parks and recreationSafety Utilities Median Median (vs. benchmark*) 10 195 Excellent 20% Good 48% Poor 4% Fair 27% The overall quality of life in Bozeman, 2022 Quality of life Measuring community livability starts with assessing the quality of life of those who live there, and ensuring that the community is attractive, accessible, and welcoming to all. 2014 2016 2018 2020 2022 Bozeman as a place to live The overall quality of life 90%80% Similarvs. benchmark* 90%80% Similarvs. benchmark* 90%69% Similar 90%69% Similar Please rate each of the following aspects of quality of life in Bozeman. (% excellent or good) 2014 2016 2018 2020 2022 Recommend living in Bozeman to someone who asks Remain in Bozeman for the next five years 82% 46% Much lower 82% 46% Much lower 82%70% Lower 82%70% Lower Please indicate how likely or unlikely you are to do each of the following. (% very or somewhat likely) 2014 2016 2018 2020 2022 Overall image or reputation 86%66% Similar 86%66% Similar Please rate each of the following in the Bozeman community. (% excellent or good) * Comparison to the national benchmark is shown. If no comparison is available, this is left blank. 11 196 Excellent 4% Good 26% Fair 41% Poor 28% Overall confidence in Bozeman government, 2022 Governance Strong local governments produce results that meet the needs of residents while making the best use of available resources, and are responsive to the present and future needs of the community as a whole. * Comparison to the national benchmark is shown. If no comparison is available, this is left blank. 2014 2016 2018 2020 2022 The value of services for the taxes paid to Bozeman The overall direction that Bozeman is taking The job Bozeman government does at welcoming resident involvement Overall confidence in Bozeman government Generally acting in the best interest of the community Being honest Being open and transparent to the public Informing residents about issues facing the community Treating all residents fairly Treating residents with respect 54%41% Similar 54%41% Similar 46% 22% Much lower 46% 22% Much lower 55%40% Similar 55%40% Similar 52% 31% Lower 52% 31% Lower 53% 30% Lower 53% 30% Lower 58%40% Lower 58%40% Lower Please rate the following categories of Bozeman government performance. (% excellent or good) 2014 2016 2018 2020 2022 Public information services Overall customer service by Bozeman employees 73%67% Similar 73%67% Similar 77%74% Similar vs. benchmark* 77%74% Similar vs. benchmark* Please rate the quality of each of the following services in Bozeman. (% excellent or good) The City of Bozeman The Federal Government Overall, how would you rate the quality of the services provided by each of the following? (% excellent or good) 12 197 Overall confidence in Bozemangovernment, 2022GovernanceStrong local governments produce results that meet the needsof residents while making the best use of available resources,and are responsive to the present and future needs of thecommunity as a whole. * Comparison to the national benchmark is shown. If no comparison is available, this is left blank. The value of services for the taxes paid to BozemanThe overall direction that Bozeman is takingThe job Bozeman government does at welcoming residentinvolvementOverall confidence in Bozeman governmentGenerally acting in the best interest of the community Being honest Being open and transparent to the public Informing residents about issues facing the community Treating all residents fairly Treating residents with respect 58%40% Lower 58%40% Lower 38% Lower 38% Lower 35% Lower 35% Lower 53%40% Lower 53%40% Lower 57% Similar 57% Similar Please rate the following categories of Bozeman government performance.(% excellent or good)Public information servicesOverall customer service by Bozeman employeesPlease rate the quality of each of the following services in Bozeman.(% excellent or good) 2014 2016 2018 2020 2022 The City of Bozeman The Federal Government 81%60% Similar 81%60% Similar 43%30% Similar 43%30% Similar Overall, how would you rate the quality of the services provided by each of the following? (% excellent or good) 13 198 Excellent 10% Good 30% Fair 37% Poor 24% Overall economic health of Bozeman, 2022 Very positive Somewhat positive Neutral Somewhat negative Very negative 3% 11% 34% 36% 17% What impact, if any, do you think the economy will have on your family income in the next 6 months? Do you think the impact will be: Economy Local governments work together with private and nonprofit businesses, and with the community at large, to foster sustainable growth, create jobs, and promote a thriving local economy. 2014 2016 2018 2020 2022 Bozeman as a place to work Bozeman as a place to visit 57%52% Similar 57%52% Similar 93%86% Higher 93%86% Higher Please rate each of the following aspects of quality of life in Bozeman. (% excellent or good) 2014 2016 2018 2020 2022 Overall quality of business and service establishments Variety of business and service establishments Vibrancy of downtown/commercial area Employment opportunities Shopping opportunities Cost of living 76%81% Similar 76%81% Similar 68% Similar 68% Similar 86%83% Much higher 86%83% Much higher Please rate each of the following in the Bozeman community. (% excellent or good) Economic development Please rate the quality of each of the following services in Bozeman. (% excellent or good) What impact, if any, do you think the economy will have on your family income in the next 6 months? Do you think the impact will be: What impact, if any, do you think the economy will have on your family income in the next 6 months? Do you think the impact will be: (% very or somewhat positive) 2014 2016 2018 2020 2022 Overall economic health 66%40% Lower benchmark* 66%40% Lower vvss.. benchmark* Please rate each of the following characteristics as they relate to Bozeman as a whole. (% excellent or good) * Comparison to the national benchmark is shown. If no comparison is available, this is left blank. 14 199 Overall economic health ofBozeman, 2022 Very positiveSomewhatpositiveNeutralSomewhatnegativeVery negativeWhat impact, if any, do you think the economywill have on your family income in the next 6months? Do you think the impact will be:EconomyLocal governments work together with private andnonprofit businesses, and with the community atlarge, to foster sustainable growth, create jobs,and promote a thriving local economy.Bozeman as a place to workBozeman as a place to visitPlease rate each of the following aspects of quality of life in Bozeman.(% excellent or good)Overall quality of business and service establishmentsVariety of business and service establishmentsVibrancy of downtown/commercial area Employment opportunities Shopping opportunities Cost of living 43%52% Similar43%52% Similar 59%65% Similar59%65% Similar 18% 4% Much lower18% 4% Much lower Please rate each of the following in the Bozeman community.(% excellent or good) 2014 2016 2018 2020 2022 Economic development 59%42% Similar 59%42% Similar Please rate the quality of each of the following services in Bozeman. (% excellent or good) 2014 2016 2018 2020 2022 What impact, if any, do you think the economy will have on your family income in the next 6 months? Do you think the impact will be: 28% 14% Lower 28% 14% Lower What impact, if any, do you think the economy will have on your family income in the next 6 months? Do you think the impact will be: (% very or somewhat positive) Overall economic healthPlease rate each of the following characteristics as they relate to Bozeman as a whole.(% excellent or good) * Comparison to the national benchmark is shown. If no comparison is available, this is left blank. 15 200 Excellent 10% Good 36%Fair 33% Poor 21% Overall quality of the transportation system in Bozeman, 2022 Mobility The ease with which residents can move about their communities, whether for commuting, leisure, or recreation, plays a major role in the quality of life for all who live, work, and play in the community. 2014 2016 2018 2020 2022 Traffic flow on major streets Ease of public parking Ease of travel by car Ease of travel by public transportation Ease of travel by bicycle Ease of walking 37%31% Lower 37%31% Lower 39%24% Lower 39%24% Lower 56%60% Similar56%60% Similar 36%33% Similar36%33% Similar 51%49% Similar51%49% Similar 76%68% Similar 76%68% Similar Please also rate each of the following in the Bozeman community. (% excellent or good) Used public transportation instead of driving Carpooled with other adults or children instead of driving alone Walked or biked instead of driving Please indicate whether or not you have done each of the following in the last 12 months. (% yes) Traffic enforcement Traffic signal timing Street repair Street cleaning Street lighting Snow removal Sidewalk maintenance Bus or transit services Please rate the quality of each of the following services in Bozeman. (% excellent or good) 2016 2018 2020 2022 Overall quality of the transportation system 45% Similar vs. benchmark* 45% Similar vs. benchmark* Please rate each of the following characteristics as they relate to Bozeman as a whole. (% excellent or good) * Comparison to the national benchmark is shown. If no comparison is available, this is left blank. 16 201 Overall quality of the transportationsystem in Bozeman, 2022MobilityThe ease with which residents can move about theircommunities, whether for commuting, leisure, or recreation,plays a major role in the quality of life for all who live, work,and play in the community.Traffic flow on major streetsEase of public parkingEase of travel by carEase of travel by public transportationEase of travel by bicycleEase of walkingPlease also rate each of the following in the Bozeman community.(% excellent or good) 2014 2016 2018 2020 2022 Used public transportation instead of driving Carpooled with other adults or children instead of driving alone Walked or biked instead of driving 25%24% Similar25%24% Similar 69%63% Much higher 69%63% Much higher 83%81% Much higher 83%81% Much higher Please indicate whether or not you have done each of the following in the last 12 months. (% yes) 2014 2016 2018 2020 2022 Traffic enforcement Traffic signal timing Street repair Street cleaning Street lighting Snow removal Sidewalk maintenance Bus or transit services 58%46% Lower 58%46% Lower 38%45% Similar38%45% Similar 38%42% Similar38%42% Similar 71%71% Similar 71%71% Similar 60%67% Similar60%67% Similar 56%51% Lower 56%51% Lower 47% 55% Similar47% 55% Similar 58%56% Similar58%56% Similar Please rate the quality of each of the following services in Bozeman. (% excellent or good) Overall quality of the transportation systemPlease rate each of the following characteristics as they relate to Bozeman as a whole.(% excellent or good) * Comparison to the national benchmark is shown. If no comparison is available, this is left blank. 17 202 Excellent 7% Good 34% Fair 37% Poor 22% Overall design or layout of Bozeman's residential and commercial areas, 2022 Community design A well-designed community enhances the quality of life for its residents by encouraging smart land use and zoning, ensuring that affordable housing is accessible to all, and providing access to parks and other green spaces. * Comparison to the national benchmark is shown. If no comparison is available, this is left blank. 2014 2016 2018 2020 2022 Well-planned residential growth Well-planned commercial growth Well-designed neighborhoods Preservation of the historical or cultural character of the community Public places where people want to spend time Variety of housing options Availability of affordable quality housing Overall quality of new development Overall appearance 18% Much lower 18% Much lower 26% Lower 26% Lower 39% Lower 39% Lower 51% Lower 51% Lower 85%72% Similar 85%72% Similar Please also rate each of the following in the Bozeman community. (% excellent or good) 2014 2016 2018 2020 2022 Your neighborhood as a place to live 82%78% Similar 82%78% Similar Please rate each of the following aspects of quality of life in Bozeman. (% excellent or good) Land use, planning and zoning Code enforcement Please rate the quality of each of the following services in Bozeman. (% excellent or good) 2014 2016 2018 2020 2022 Overall design or layout of residential and commercial areas 64%41% Lower vs. benchmark* 64%41% Lower vs. benchmark* Please rate each of the following characteristics as they relate to Bozeman as a whole. (% excellent or good) 18 203 Overall design or layout ofBozeman's residential andcommercial areas, 2022Community designA well-designed community enhances the quality of life for itsresidents by encouraging smart land use and zoning, ensuringthat affordable housing is accessible to all, and providingaccess to parks and other green spaces. * Comparison to the national benchmark is shown. If no comparison is available, this is left blank. Well-planned residential growthWell-planned commercial growthWell-designed neighborhoodsPreservation of the historical or cultural character of thecommunity Public places where people want to spend time Variety of housing options Availability of affordable quality housing Overall quality of new development Overall appearance 85%72% Similar 85%72% Similar 24% 8% Much lower 24% 8% Much lower 10% 3% Much lower10% 3% Much lower 52%22% Much lower 52%22% Much lower 90%73% Similar 90%73% Similar Please also rate each of the following in the Bozeman community.(% excellent or good)Your neighborhood as a place to livePlease rate each of the following aspects of quality of life in Bozeman.(% excellent or good) 2014 2016 2018 2020 2022 Land use, planning and zoning Code enforcement 38%25% Lower 38%25% Lower 47%42% Similar 47%42% Similar Please rate the quality of each of the following services in Bozeman. (% excellent or good) Overall design or layout of residential and commercialareasPlease rate each of the following characteristics as they relate to Bozeman as a whole.(% excellent or good) 19 204 Excellent 16% Good 51% Fair 23% Poor 10% Overall quality of the utility infrastructure in Bozeman, 2022 Utilities Services such as water, gas, electricity, and internet access play a vital role in ensuring the physical and economic health and well-being of the communities they serve. * Comparison to the national benchmark is shown. If no comparison is available, this is left blank. 2014 2016 2018 2020 2022 Affordable high-speed internet access Garbage collection Drinking water Sewer services Storm water management Power (electric and/or gas) utility Utility billing 45% Similar 45% Similar 91%89% Similar 91%89% Similar 80%90% Higher80%90% Higher 86%92% Similar 86%92% Similar 66% 83% Similar66% 83% Similar 78%75% Similar78%75% Similar Please rate the quality of each of the following services in Bozeman. (% excellent or good) 2016 2018 2020 2022 Overall quality of the utility infrastructure 67% Similar vs. benchmark* 67% Similar vs. benchmark* Please rate each of the following characteristics as they relate to Bozeman as a whole. (% excellent or good) 20 205 Overall quality of the utilityinfrastructure in Bozeman, 2022UtilitiesServices such as water, gas, electricity, and internet accessplay a vital role in ensuring the physical and economic healthand well-being of the communities they serve. * Comparison to the national benchmark is shown. If no comparison is available, this is left blank. Affordable high-speed internet accessGarbage collectionDrinking waterSewer servicesStorm water managementPower (electric and/or gas) utility Utility billing 68%66% Similar68%66% Similar Please rate the quality of each of the following services in Bozeman.(% excellent or good)Overall quality of the utility infrastructurePlease rate each of the following characteristics as they relate to Bozeman as a whole.(% excellent or good) 21 206 Excellent 42% Good 47% Fair 8% Poor 2% Overall feeling of safety in Bozeman, 2022 Safety Public safety is often the most important task facing local governments. All residents should feel safe and secure in their neighborhoods and in the greater community, and providing robust safety-related services is essential to residents' quality of life. 2014 2016 2018 2020 2022 Overall feeling of safety 92%89% Similar vs. benchmark* 92%89% Similar vs. benchmark* Please rate each of the following characteristics as they relate to Bozeman as a whole. (% excellent or good) 2014 2016 2018 2020 2022 In your neighborhood during the day In Bozeman's downtown/commercial area during the day From property crime From violent crime From fire, flood, or other natural disaster 97%96% Similar 97%96% Similar 97%93% Similar 97%93% Similar 84% Similar 84% Similar 90% Similar 90% Similar 82% Similar 82% Similar Please rate how safe or unsafe you feel: (% very or somewhat safe) Police/Sheriff services Crime prevention Animal control Ambulance or emergency medical services Fire services Fire prevention and education Emergency preparedness Please rate the quality of each of the following services in Bozeman. (% excellent or good) * Comparison to the national benchmark is shown. If no comparison is available, this is left blank. 22 207 Overall feeling of safety inBozeman, 2022SafetyPublic safety is often the most important task facing localgovernments. All residents should feel safe and secure in theirneighborhoods and in the greater community, and providingrobust safety-related services is essential to residents' qualityof life.Overall feeling of safetyPlease rate each of the following characteristics as they relate to Bozeman as a whole.(% excellent or good)In your neighborhood during the dayIn Bozeman's downtown/commercial area during the dayFrom property crimeFrom violent crimeFrom fire, flood, or other natural disasterPlease rate how safe or unsafe you feel:(% very or somewhat safe) 2014 2016 2018 2020 2022 Police/Sheriff services Crime prevention Animal control Ambulance or emergency medical services Fire services Fire prevention and education Emergency preparedness 83%73% Similar 83%73% Similar 80%79% Similar80%79% Similar 63%69% Similar63%69% Similar 92%81% Similar 92%81% Similar 94%90% Similar 94%90% Similar 84%72% Similar 84%72% Similar 49%52% Similar49%52% Similar Please rate the quality of each of the following services in Bozeman. (% excellent or good) * Comparison to the national benchmark is shown. If no comparison is available, this is left blank. 23 208 Excellent 50%Good 38% Fair 8% Poor 3% Overall quality of natural environment in Bozeman, 2022 Natural environment The natural environment plays a vital role in the health and well-being of residents. The natural spaces in which residents live and experience their communities has a direct and profound effect on quality of life. 2014 2016 2018 2020 2022 Cleanliness Water resources Air quality 91%82% Similar 91%82% Similar 71% Similar 71% Similar 93%85% Similar 93%85% Similar Please also rate each of the following in the Bozeman community. (% excellent or good) 2014 2016 2018 2020 2022 Preservation of natural areas Bozeman open space Recycling Yard waste pick-up 54%51% Lower 54%51% Lower 62%56% Similar 62%56% Similar Please rate the quality of each of the following services in Bozeman. (% excellent or good) 2014 2016 2018 2020 2022 Overall quality of natural environment 87%89% Higher vs. benchmark* 87%89% Higher vs. benchmark* Please rate each of the following characteristics as they relate to Bozeman as a whole. (% excellent or good) * Comparison to the national benchmark is shown. If no comparison is available, this is left blank. 24 209 Overall quality of naturalenvironment in Bozeman, 2022Natural environmentThe natural environment plays a vital role in the health andwell-being of residents. The natural spaces in which residentslive and experience their communities has a direct andprofound effect on quality of life.CleanlinessWater resourcesAir qualityPlease also rate each of the following in the Bozeman community.(% excellent or good)Preservation of natural areasBozeman open space Recycling Yard waste pick-up 59% 32% Much lower 59% 32% Much lower 57%60% Lower 57%60% Lower Please rate the quality of each of the following services in Bozeman.(% excellent or good)Overall quality of natural environmentPlease rate each of the following characteristics as they relate to Bozeman as a whole.(% excellent or good) * Comparison to the national benchmark is shown. If no comparison is available, this is left blank. 25 210 Excellent 48%Good 40% Fair 9% Poor 3% Overall quality of parks and recreation opportunities, 2022 Parks and recreation "There are no communities that pride themselves on their quality of life, promote themselves as a desirable location for businesses to relocate, or maintain that they are environmental stewards of their natural resources, without such communities having a robust, active system of parks and recreation programs for public use and enjoyment." - National Recreation and Park Association 2014 2016 2018 2020 2022 Availability of paths and walking trails Fitness opportunities Recreational opportunities 83%85% Higher 83%85% Higher 89%87% Higher 89%87% Higher 93%91% Much higher 93%91% Much higher Please also rate each of the following in the Bozeman community. (% excellent or good) 2014 2016 2018 2020 2022 City parks Recreation programs or classes Recreation centers or facilities 89%84% Similar 89%84% Similar 83%72% Similar 83%72% Similar Please rate the quality of each of the following services in Bozeman. (% excellent or good) 2016 2018 2020 2022 Overall quality of parks and recreation opportunities 88% Similar vs. benchmark* 88% Similar vs. benchmark* Please rate each of the following characteristics as they relate to Bozeman as a whole. (% excellent or good) * Comparison to the national benchmark is shown. If no comparison is available, this is left blank. 26 211 Overall quality of parks andrecreation opportunities, 2022Parks and recreation"There are no communities that pride themselves on theirquality of life, promote themselves as a desirable location forbusinesses to relocate, or maintain that they areenvironmental stewards of their natural resources, withoutsuch communities having a robust, active system of parks andrecreation programs for public use and enjoyment."- National Recreation and Park AssociationAvailability of paths and walking trailsFitness opportunitiesRecreational opportunitiesPlease also rate each of the following in the Bozeman community.(% excellent or good)City parks Recreation programs or classes Recreation centers or facilities 78%61% Similar 78%61% Similar Please rate the quality of each of the following services in Bozeman.(% excellent or good)Overall quality of parks and recreation opportunitiesPlease rate each of the following characteristics as they relate to Bozeman as a whole.(% excellent or good) * Comparison to the national benchmark is shown. If no comparison is available, this is left blank. 27 212 Excellent 34% Good 47% Fair 14% Poor 4% Overall health and wellness opportunities in Bozeman, 2022 Health and wellness The characteristics of and amenities available in the communities in which people live has a direct impact on the health and wellness of residents, and thus, on their quality of life overall. 2014 2016 2018 2020 2022 Availability of affordable quality food Availability of affordable quality health care Availability of preventive health services Availability of affordable quality mental health care 68%54% Similar 68%54% Similar 64%43% Lower 64%43% Lower 70%56% Similar 70%56% Similar 50% 25% Lower 50% 25% Lower Please also rate each of the following in the Bozeman community. (% excellent or good) 2014 2016 2018 2020 2022 Health services 72%64% Similar 72%64% Similar Please rate the quality of each of the following services in Bozeman. (% excellent or good) Please rate your overall health. Please rate your overall health. (% excellent or very good) 2014 2016 2018 2020 2022 Overall health and wellness opportunities 81%82% Similar vs. benchmark* 81%82% Similar vs. benchmark* Please rate each of the following characteristics as they relate to Bozeman as a whole. (% excellent or good) * Comparison to the national benchmark is shown. If no comparison is available, this is left blank. 28 213 Overall health and wellnessopportunities in Bozeman, 2022Health and wellnessThe characteristics of and amenities available in thecommunities in which people live has a direct impact on thehealth and wellness of residents, and thus, on their quality oflife overall.Availability of affordable quality foodAvailability of affordable quality health careAvailability of preventive health servicesAvailability of affordable quality mental health carePlease also rate each of the following in the Bozeman community.(% excellent or good)Health servicesPlease rate the quality of each of the following services in Bozeman.(% excellent or good) 2014 2016 2018 2020 2022 Please rate your overall health. 76%81% Similar 76%81% Similar Please rate your overall health. (% excellent or very good) Overall health and wellness opportunitiesPlease rate each of the following characteristics as they relate to Bozeman as a whole.(% excellent or good) * Comparison to the national benchmark is shown. If no comparison is available, this is left blank. 29 214 Excellent 25% Good 46% Fair 23% Poor 6% Overall opportunities for education, culture and the arts, 2022 Education, arts, and culture Participation in the arts, in educational opportunities, and in cultural activities is linked to increased civic engagement, greater social tolerance, and enhanced enjoyment of the local community. 2014 2016 2018 2020 2022 Opportunities to attend cultural/arts/music activities Community support for the arts Availability of affordable quality childcare/preschool K-12 education Adult educational opportunities Opportunities to attend special events and festivals 75%73% Similar 75%73% Similar 75% Higher 75% Higher 42%16% Much lower 42%16% Much lower 83%79% Similar 83%79% Similar 77%65% Similar 77%65% Similar 74%78% Similar 74%78% Similar Please also rate each of the following in the Bozeman community. (% excellent or good) Public library services Please rate the quality of each of the following services in Bozeman. (% excellent or good) 2014 2016 2018 2020 2022 Overall opportunities for education, culture, and the arts 86%71% Similarvs. benchmark* 86%71% Similarvs. benchmark* Please rate each of the following characteristics as they relate to Bozeman as a whole. (% excellent or good) * Comparison to the national benchmark is shown. If no comparison is available, this is left blank. 30 215 Overall opportunities for education,culture and the arts, 2022Education, arts, and cultureParticipation in the arts, in educational opportunities, and incultural activities is linked to increased civic engagement,greater social tolerance, and enhanced enjoyment of the localcommunity.Opportunities to attend cultural/arts/music activitiesCommunity support for the artsAvailability of affordable quality childcare/preschoolK-12 educationAdult educational opportunitiesOpportunities to attend special events and festivalsPlease also rate each of the following in the Bozeman community.(% excellent or good) 2014 2016 2018 2020 2022 Public library services 93%93% Similar 93%93% Similar Please rate the quality of each of the following services in Bozeman. (% excellent or good) Overall opportunities for education, culture, and the artsPlease rate each of the following characteristics as they relate to Bozeman as a whole.(% excellent or good) * Comparison to the national benchmark is shown. If no comparison is available, this is left blank. 31 216 Excellent 11% Good 42% Fair 35% Poor 11% Residents' connection and engagement with their community, 2022 Inclusivity and engagement Inclusivity refers to a cultural and environmental feeling of belonging; residents who feel invited to participate within their communities feel more included, involved, and engaged than those who do not. 2014 2016 2018 2020 2022 Bozeman as a place to raise children Bozeman as a place to retire Sense of community 89%82% Similar 89%82% Similar 67%52% Lower 67%52% Lower 66%54% Similar 66%54% Similar Please rate each of the following aspects of quality of life in Bozeman. (% excellent or good) 2016 2018 2020 2022 Residents' connection and engagement with their community 53% Similar vs. benchmark* 53% Similar vs. benchmark* Please rate each of the following characteristics as they relate to Bozeman as a whole. (% excellent or good) 2016 2018 2020 2022 Making all residents feel welcome Attracting people from diverse backgrounds Valuing/respecting residents from diverse backgrounds Taking care of vulnerable residents 57% Similar 57% Similar Please rate the job you feel the Bozeman community does at each of the following. (% excellent or good) Sense of civic/community pride Neighborliness of residents Opportunities to participate in social events and activities Opportunities to volunteer Opportunities to participate in community matters Openness and acceptance of the community toward people of diverse backgrounds Please also rate each of the following in the Bozeman community. (% excellent or good) * Comparison to the national benchmark is shown. If no comparison is available, this is left blank. 32 217 Residents' connection andengagement with theircommunity, 2022Inclusivity and engagementInclusivity refers to a cultural and environmental feeling ofbelonging; residents who feel invited to participate within theircommunities feel more included, involved, and engaged thanthose who do not.Bozeman as a place to raise childrenBozeman as a place to retireSense of communityPlease rate each of the following aspects of quality of life in Bozeman.(% excellent or good)Residents' connection and engagement with theircommunityPlease rate each of the following characteristics as they relate to Bozeman as a whole.(% excellent or good) Making all residents feel welcome Attracting people from diverse backgrounds Valuing/respecting residents from diverse backgrounds Taking care of vulnerable residents 28% Much lower 28% Much lower 39% Lower 39% Lower 33% Lower 33% Lower Please rate the job you feel the Bozeman community does at each of the following.(% excellent or good) 2014 2016 2018 2020 2022 Sense of civic/community pride Neighborliness of residents Opportunities to participate in social events and activities Opportunities to volunteer Opportunities to participate in community matters Openness and acceptance of the community toward people of diverse backgrounds 58% Similar 58% Similar 66%59% Similar 66%59% Similar 81%77% Similar 81%77% Similar 86%81% Similar 86%81% Similar 75%65% Similar 75%65% Similar 60%44% Similar 60%44% Similar Please also rate each of the following in the Bozeman community. (% excellent or good) * Comparison to the national benchmark is shown. If no comparison is available, this is left blank. 33 218 Residents' participation levels 2014 2016 2018 2020 2022 Contacted the City of Bozeman for help or information Contacted Bozeman elected officials to express your opinion Attended a local public meeting Watched a local public meeting Volunteered your time to some group/activity Campaigned or advocated for a local issue, cause, or candidate Voted in your most recent local election 41% 41% Similar vs. benchmark* 41% 41% Similar vs. benchmark* 14% 23% Similar14% 23% Similar 23%28% Similar23%28% Similar 20% 33% Similar20% 33% Similar 64%60% Much higher 64%60% Much higher 21%27% Similar21%27% Similar 83% Similar 83% Similar Please indicate whether or not you have done each of the following in the last 12 months. (% yes) 2016 2018 2020 2022 Access the internet from your home Access the internet from your cell phone Visit social media sites Use or check email Share your opinions online Shop online 95% Similar 95% Similar 96% Similar 96% Similar 74% Similar 74% Similar 99% Similar 99% Similar In general, how many times do you: (% a few times a week or more) * Comparison to the national benchmark is shown. If no comparison is available, this is left blank. 34 219 Residents' participation levelsContacted the City of Bozeman for help or informationContacted Bozeman elected officials to express your opinionAttended a local public meetingWatched a local public meetingVolunteered your time to some group/activityCampaigned or advocated for a local issue, cause, or candidateVoted in your most recent local electionPlease indicate whether or not you have done each of the following in the last 12 months.(% yes)Access the internet from your homeAccess the internet from your cell phoneVisit social media sites Use or check email Share your opinions online Shop online 99% Similar 99% Similar 23% Similar 23% Similar 48% Similar 48% Similar In general, how many times do you:(% a few times a week or more) * Comparison to the national benchmark is shown. If no comparison is available, this is left blank. 35 220 How likely would you be, if at all, to opt to increase your utility fees to receive electricity from renewable sources (wind, solar, etc.)? Very likely Somewhat likely Not at all likely How much would you support or oppose an increase in property taxes to fund the following in Bozeman? Combined aquatics/recreation facility and west side branch of the Bozeman Public Library Strongly support Somewhat support Somewhat oppose Strongly oppose New fire station and staff to maintain citywide service levels relative to growth Strongly support Somewhat support Somewhat oppose Strongly oppose Currently, the City of Bozeman receives no local sales tax revenue. How much would you support or oppose a local option sales tax that would go to the City to support property tax relief? Strongly support Somewhat support Somewhat oppose Strongly oppose Please select the option that best describes how you think the City should address each of the following aspects of the community. Economy More effort Same effort Less effort No opinion Environment More effort Same effort Less effort No opinion Neighborhoods More effort Same effort Less effort No opinion Safety More effort Same effort Less effort No opinion Parks & recreation More effort Same effort Less effort No opinion Transportation More effort Same effort Less effort No opinion General government More effort Same effort Less effort No opinion Housing More effort Same effort Less effort No opinion Other More effort Same effort Less effort No opinion 24% 33% 43% 20% 15% 37% 28% 11% 10% 46% 32% 38% 17% 18% 27% 2% 11% 38% 49% 1% 7% 47% 45% 3% 8% 57% 32% 2% 10% 74% 13% Custom questions Below are the complete set of responses to each custom question on the survey. By default, “don’t know” responses are excluded, but may be added to the table using the response filter below. 36 221 How likely would you be, if at all, to opt toincrease your utility fees to receive electricityfrom renewable sources (wind, solar, etc.)?Very likelySomewhat likelyNot at all likelyHow much would you support oroppose an increase in propertytaxes to fund the following inBozeman?Combined aquatics/recreation facility andwest side branch of the Bozeman PublicLibrary Strongly supportSomewhat supportSomewhat opposeStrongly opposeNew fire station and staff to maintaincitywide service levels relative to growth Strongly supportSomewhat supportSomewhat opposeStrongly opposeCurrently, the City of Bozeman receives nolocal sales tax revenue. How much would yousupport or oppose a local option sales taxthat would go to the City to support propertytax relief?Strongly supportSomewhat supportSomewhat opposeStrongly opposePlease select the option that bestdescribes how you think the Cityshould address each of thefollowing aspects of thecommunity.Economy More effortSame effortLess effortNo opinionEnvironmentMore effortSame effortLess effortNo opinionNeighborhoodsMore effortSame effortLess effort No opinion Safety More effort Same effort Less effort No opinion Parks & recreation More effort Same effort Less effort No opinion Transportation More effort Same effort Less effort No opinion General government More effort Same effort Less effort No opinion Housing More effort Same effort Less effort No opinion Other More effort Same effort Less effort No opinion 2% 10% 74% 13% 1% 10% 71% 17% 1% 9% 46% 44% 9% 12% 56% 23% 1% 5% 9% 84% 67% 2% 10% 20% Custom questionsBelow are the complete set of responses to each custom question on the survey. By default, “don’t know” responses areexcluded, but may be added to the table using the response filter below.Include "don't know"No 37 222 Open-ended questions Bozeman included one open-ended question on their survey. The verbatim responses were categorized by topic area and those topics are reported below with the percent of responses given in each category. Because some comments from residents covered more than a single topic, those verbatim responses are grouped by the first topic listed in each comment. Shown in the chart below, many of the write-in comments from residents related to aspects of housing and growth. Generally, comments related to housing affordability and housing inventory in Bozeman were categorized as "housing;" comments related to restricting housing growth and development were categorized as "neighborhoods"(which also includes comments related to planning and responsible growth); finally, comments related to residential property taxes were categorized under "general governemnt." Housing Transportation Neighborhoods Environment General government Economy Other Parks and Recreation Safety Don't know/NA 1% 2% 2% 2% 4% 4% 8% 9% 11% 57% Of the areas above, which is the single most important for the City to increase efforts? If you chose ‘other,'please explain. 38 223 % positiveRankNumber ofcommunitiesPercentilePlease rate each of the following aspects of quality of life in Bozeman. Bozeman as a place to live Similar Your neighborhood as a place to live Similar Bozeman as a place to raise children Similar Bozeman as a place to work Similar Bozeman as a place to visit Higher Bozeman as a place to retire Lower The overall quality of life Similar Sense of community Similar Please rate each of the following characteristics as they relate to Bozeman as a whole. Overall economic health Lower Overall quality of the transportation system Similar Overall design or layout of residential and commercial areas Lower Overall quality of the utility infrastructure Similar Overall feeling of safety Similar Overall quality of natural environment Higher 3434422680% 2929620978% 5034817282% 2533925452% 852974386% 1634428752% 2337028469% 1729624554% 1128425240% 3216911545% 527726441% 4016510067% 7033410189% National benchmark tables This table contains the comparisons of Bozeman's results to those from other communities. The first column shows the comparison of Bozeman's rating to the benchmark. Bozeman's results are noted as being “higher”, “lower” or “similar” to the benchmark, meaning that the average rating given by Bozeman residents is statistically similar to or different than the benchmark. The second column is Bozeman's “percent positive.” Most commonly, the percent positive is the combination of the top two most positive response options (i.e., excellent/good). The third column is the rank assigned to Bozeman's rating among communities where a similar question was asked. The fourth column is the number of communities that asked a similar question. The fifth column shows the percentile for Bozeman's result -- that is what percent of surveyed communities had a lower rating than Bozeman. 39 224 Please rate each of the following characteristics as they relate to Bozeman as a whole. Overall feeling of safety Similar Overall quality of natural environment Higher Overall quality of parks and recreation opportunities Similar Overall health and wellness opportunities Similar Overall opportunities for education, culture, and the arts Similar Residents' connection and engagement with their community Similar Please indicate how likely or unlikely you are to do each of the following. Recommend living in Bozeman to someone who asks Much lower Remain in Bozeman for the next five years Lower Please rate how safe or unsafe you feel: In your neighborhood during the day Similar In Bozeman's downtown/commercial area during the day Similar From property crime Similar From violent crime Similar From fire, flood, or other natural disaster Similar Please rate the job you feel the Bozeman community does at each of the following. Making all residents feel welcome Similar Attracting people from diverse backgrounds Much lower Valuing/respecting residents from diverse backgrounds Lower Taking care of vulnerable residents Lower Please rate each of the following in the Bozeman community. Overall quality of business and service establishments Similar Variety of business and service establishments Similar Vibrancy of downtown/commercial area Much higher 852864289% 791703688% 772796582% 6228110671% 3816610353% 028828746% 528526970% 813155996% 6429910893% 791743784% 701745290% 401649982% 917215657% 216916528% 317016539% 616615633% 792846081% 591666868% 40 225 Please rate each of the following in the Bozeman community. Variety of business and service establishments Similar Vibrancy of downtown/commercial area Much higher Employment opportunities Similar Shopping opportunities Similar Cost of living Much lower Overall image or reputation Similar Please also rate each of the following in the Bozeman community. Traffic flow on major streets Lower Ease of public parking Lower Ease of travel by car Similar Ease of travel by public transportation Similar Ease of travel by bicycle Similar Ease of walking Similar Well-planned residential growth Much lower Well-planned commercial growth Lower Well-designed neighborhoods Lower Preservation of the historical or cultural character of the community Lower Public places where people want to spend time Similar Variety of housing options Much lower Availability of affordable quality housing Much lower Overall quality of new development Much lower 942661583% 6430010952% 6429110465% 02782774% 3633921666% 1931225231% 426024924% 2629922160% 4126015233% 4030118049% 5030215268% 116816618% 1116814926% 716515339% 816515251% 662729172% 12842828% 03063063% 41 226 Please also rate each of the following in the Bozeman community. Availability of affordable quality housing Much lower Overall quality of new development Much lower Overall appearance Similar Cleanliness Similar Water resources Similar Air quality Similar Availability of paths and walking trails Higher Fitness opportunities Higher Recreational opportunities Much higher Availability of affordable quality food Similar Availability of affordable quality health care Lower Availability of preventive health services Similar Availability of affordable quality mental health care Lower Opportunities to attend cultural/arts/music activities Similar Community support for the arts Higher Availability of affordable quality childcare/preschool Much lower K-12 education Similar Adult educational opportunities Similar Sense of civic/community pride Similar Neighborliness of residents Similar 229629022% 4331818273% 5430613982% 671505071% 652719485% 833035085% 942721787% 98293691% 1626622454% 1427523643% 2726119156% 826224225% 772896673% 831652975% 127327116% 6227610479% 702698165% 3716510458% 42 227 Please also rate each of the following in the Bozeman community. Sense of civic/community pride Similar Neighborliness of residents Similar Opportunities to participate in social events and activities Similar Opportunities to attend special events and festivals Similar Opportunities to volunteer Similar Opportunities to participate in community matters Similar Openness and acceptance of the community toward people of diverse backgrounds Similar Please indicate whether or not you have done each of the following in the last 12 months. Contacted the City of Bozeman for help or information Similar Contacted Bozeman elected officials to express your opinion Similar Attended a local public meeting Similar Watched a local public meeting Similar Volunteered your time to some group/activity Much higher Campaigned or advocated for a local issue, cause, or candidate Similar Voted in your most recent local election Similar Used public transportation instead of driving Similar Carpooled with other adults or children instead of driving alone Much higher Walked or biked instead of driving Much higher Please rate the quality of each of the following services in Bozeman. Public information services Similar Economic development Similar Traffic enforcement Lower 2727319759% 822805177% 772786378% 852764081% 6227910765% 1129626244% 2931422141% 822724823% 882743328% 802555133% 97277760% 822664727% 771673983% 712487124% 98269563% 932731981% 3229219667% 1728523642% 43 228 Please rate the quality of each of the following services in Bozeman. Economic development Similar Traffic enforcement Lower Traffic signal timing Similar Street repair Similar Street cleaning Similar Street lighting Similar Snow removal Lower Sidewalk maintenance Similar Bus or transit services Similar Land use, planning and zoning Lower Code enforcement Similar Affordable high-speed internet access Similar Garbage collection Similar Drinking water Higher Sewer services Similar Storm water management Similar Power (electric and/or gas) utility Similar Utility billing Similar Police/Sheriff services Similar Crime prevention Similar 933330246% 1127724545% 3732820742% 6029011671% 5832013467% 1524620851% 3228619355% 5825710756% 329328425% 3132622342% 2516212145% 6130911989% 952881390% 912912792% 843054883% 3423015175% 3725716166% 1836029673% 44 229 Please rate the quality of each of the following services in Bozeman. Police/Sheriff services Similar Crime prevention Similar Animal control Similar Ambulance or emergency medical services Similar Fire services Similar Fire prevention and education Similar Emergency preparedness Similar Preservation of natural areas Lower Bozeman open space Similar Recycling Much lower Yard waste pick-up Lower City parks Similar Recreation programs or classes Similar Recreation centers or facilities Similar Health services Similar Public library services Similar Overall customer service by Bozeman employees Similar Please rate the following categories of Bozeman government performance. The value of services for the taxes paid to Bozeman Similar The overall direction that Bozeman is taking Much lower The job Bozeman government does at welcoming resident involvement Similar 5633214679% 4330317269% 1229826381% 2532324390% 2228822372% 1428724752% 1127024051% 3726216656% 331230132% 1726722060% 5230514584% 4329816972% 2028222461% 3325617164% 803036093% 2434826374% 2335227141% 031731622% 45 230 Please rate the following categories of Bozeman government performance. The overall direction that Bozeman is taking Much lower The job Bozeman government does at welcoming resident involvement Similar Overall confidence in Bozeman government Lower Generally acting in the best interest of the community Lower Being honest Lower Being open and transparent to the public Lower Informing residents about issues facing the community Lower Treating all residents fairly Lower Treating residents with respect Similar Overall, how would you rate the quality of the services provided by each of the following? The City of Bozeman Similar The Federal Government Similar Please rate how important, if at all, you think it is for the Bozeman community to focus on each of the following in the coming two years. Overall economic health Similar Overall quality of the transportation system Similar Overall design or layout of residential and commercial areas Similar Overall quality of the utility infrastructure Similar Overall feeling of safety Lower Overall quality of natural environment Similar Overall quality of parks and recreation opportunities Similar Overall health and wellness opportunities Similar Overall opportunities for education, culture, and the arts Similar 2131524740% 728226131% 328627630% 1327724140% 1117115338% 1017615835% 1128325240% 2016813457% 1734428660% 926624330% 1725721180% 571647071% 882573083% 1316314283% 025725662% 922572084% 481648572% 2125720267% 46 231 Please rate how important, if at all, you think it is for the Bozeman community to focus on each of the following in the coming two years. Overall health and wellness opportunities Similar Overall opportunities for education, culture, and the arts Similar Residents' connection and engagement with their community Similar In general, how many times do you: Access the internet from your home Similar Access the internet from your cell phone Similar Visit social media sites Similar Use or check email Similar Share your opinions online Similar Shop online Similar Please rate your overall health.Similar What impact, if any, do you think the economy will have on your family income in the next 6 months? Do you think the impact will be:Lower 625724063% 1225722463% 541647595% 831642896% 1216314474% 821643099% 716415223% 2016413148% 942681681% 527025714% 47 232 % positiveRankNumber ofcommunitiesPercentilePlease rate each of the following aspects of quality of life in Bozeman. Bozeman as a place to live Similar Your neighborhood as a place to live Similar Bozeman as a place to raise children Similar Bozeman as a place to work Similar Bozeman as a place to visit Higher Bozeman as a place to retire Lower The overall quality of life Similar Sense of community Similar Please rate each of the following characteristics as they relate to Bozeman as a whole. Overall economic health Lower Overall quality of the transportation system Similar Overall design or layout of residential and commercial areas Lower Overall quality of the utility infrastructure Similar Overall feeling of safety Similar Overall quality of natural environment Higher Overall quality of parks and recreation opportunities Similar Overall health and wellness opportunities Similar Overall opportunities for education, culture, and the arts Similar 321258680% 261138478% 471276882% 221239652% 92110986% 1512510752% 2013510769% 171149554% 111099740% 26695245% 410510141% 34674567% 721213489% 901091189% 82681388% 741062882% Custom benchmark tables This table contains the comparisons of Bozeman's results to those from other communities with similar population sizes (between 25,000 and 75,000). The first column shows the comparison of Bozeman's rating to the benchmark. Bozeman's results are noted as being “higher”, “lower” or “similar” to the benchmark, meaning that the average rating given by Bozeman residents is statistically similar to or different than the benchmark. The second column is Bozeman's “percent positive.” Most commonly, the percent positive is the combination of the top two most positive response options (i.e., excellent/good). The third column is the rank assigned to Bozeman's rating among communities where a similar question was asked. The fourth column is the number of communities that asked a similar question. The fifth column shows the percentile for Bozeman's result -- that is what percent of surveyed communities had a lower rating than Bozeman. 48 233 Please rate each of the following characteristics as they relate to Bozeman as a whole. Overall health and wellness opportunities Similar Overall opportunities for education, culture, and the arts Similar Residents' connection and engagement with their community Similar Please indicate how likely or unlikely you are to do each of the following. Recommend living in Bozeman to someone who asks Much lower Remain in Bozeman for the next five years Lower Please rate how safe or unsafe you feel: In your neighborhood during the day Similar In Bozeman's downtown/commercial area during the day Similar From property crime Similar From violent crime Similar From fire, flood, or other natural disaster Similar Please rate the job you feel the Bozeman community does at each of the following. Making all residents feel welcome Lower Attracting people from diverse backgrounds Much lower Valuing/respecting residents from diverse backgrounds Lower Taking care of vulnerable residents Lower Please rate each of the following in the Bozeman community. Overall quality of business and service establishments Similar Variety of business and service establishments Similar Vibrancy of downtown/commercial area Much higher Employment opportunities Similar Shopping opportunities Similar Cost of living Much lower Overall image or reputation Similar Please also rate each of the following in the Bozeman community. Traffic flow on major streets Lower Ease of public parking Much lower Ease of travel by car Similar 591084571% 38684353% 010910946% 710910270% 841181996% 651113993% 83661284% 72661990% 34674582% 8736857% 4716928% 4716939% 5686533% 761102781% 64682568% 95100683% 561135052% 621144465% 01041044% 371227766% 201179431% 110510424% 49 234 Please also rate each of the following in the Bozeman community. Ease of public parking Much lower Ease of travel by car Similar Ease of travel by public transportation Similar Ease of travel by bicycle Similar Ease of walking Similar Well-planned residential growth Much lower Well-planned commercial growth Lower Well-designed neighborhoods Lower Preservation of the historical or cultural character of the community Lower Public places where people want to spend time Similar Variety of housing options Much lower Availability of affordable quality housing Much lower Overall quality of new development Much lower Overall appearance Similar Cleanliness Similar Water resources Similar Air quality Similar Availability of paths and walking trails Higher Fitness opportunities Higher Recreational opportunities Much higher Availability of affordable quality food Lower Availability of affordable quality health care Lower Availability of preventive health services Similar Availability of affordable quality mental health care Lower 191159460% 331036933% 331157849% 431176768% 2686718% 11686126% 7666239% 7676351% 671043572% 01101108% 01121123% 211211022% 421197073% 541165482% 67612171% 621044085% 851101785% 94104787% 100110191% 91029354% 111049343% 241017756% 50 235 Please also rate each of the following in the Bozeman community. Availability of preventive health services Similar Availability of affordable quality mental health care Lower Opportunities to attend cultural/arts/music activities Similar Community support for the arts Higher Availability of affordable quality childcare/preschool Much lower K-12 education Similar Adult educational opportunities Similar Sense of civic/community pride Similar Neighborliness of residents Similar Opportunities to participate in social events and activities Similar Opportunities to attend special events and festivals Similar Opportunities to volunteer Similar Opportunities to participate in community matters Similar Openness and acceptance of the community toward people of diverse backgrounds Similar Please indicate whether or not you have done each of the following in the last 12 months. Contacted the City of Bozeman for help or information Similar Contacted Bozeman elected officials to express your opinion Similar Attended a local public meeting Higher Watched a local public meeting Higher Volunteered your time to some group/activity Much higher Campaigned or advocated for a local issue, cause, or candidate Similar Voted in your most recent local election Similar Used public transportation instead of driving Similar Carpooled with other adults or children instead of driving alone Much higher Walked or biked instead of driving Much higher 8999225% 831101973% 8967875% 110210116% 631064079% 661033665% 40674158% 241037859% 851071777% 771082578% 911061081% 621064165% 111119944% 331157741% 94104723% 96106528% 911001033% 100105160% 881021327% 80681483% 72982824% 99102263% 51 236 Please indicate whether or not you have done each of the following in the last 12 months. Carpooled with other adults or children instead of driving alone Much higher Walked or biked instead of driving Much higher Please rate the quality of each of the following services in Bozeman. Public information services Similar Economic development Lower Traffic enforcement Lower Traffic signal timing Similar Street repair Similar Street cleaning Similar Street lighting Similar Snow removal Lower Sidewalk maintenance Similar Bus or transit services Similar Land use, planning and zoning Lower Code enforcement Similar Affordable high-speed internet access Similar Garbage collection Similar Drinking water Higher Sewer services Similar Storm water management Similar Power (electric and/or gas) utility Similar Utility billing Similar Police/Sheriff services Similar Crime prevention Similar Animal control Similar 94102781% 301097667% 121089542% 712411646% 610610045% 281238942% 541115171% 501216067% 12948251% 261108255% 47985256% 111311225% 271208842% 23675245% 531135489% 93110890% 861091692% 781112583% 29946775% 331016866% 1313011473% 541225779% 52 237 Please rate the quality of each of the following services in Bozeman. Crime prevention Similar Animal control Similar Ambulance or emergency medical services Similar Fire services Similar Fire prevention and education Similar Emergency preparedness Lower Preservation of natural areas Lower Bozeman open space Similar Recycling Much lower Yard waste pick-up Lower City parks Similar Recreation programs or classes Similar Recreation centers or facilities Similar Health services Similar Public library services Similar Overall customer service by Bozeman employees Similar Please rate the following categories of Bozeman government performance. The value of services for the taxes paid to Bozeman Similar The overall direction that Bozeman is taking Much lower The job Bozeman government does at welcoming resident involvement Similar Overall confidence in Bozeman government Lower Generally acting in the best interest of the community Lower Being honest Lower Being open and transparent to the public Lower Informing residents about issues facing the community Lower 361137369% 810810081% 201149290% 201068572% 151129652% 81039551% 331026956% 511310832% 111059460% 461136284% 381127072% 171099161% 26957164% 761122793% 1912310074% 1612610541% 011411422% 151159840% 71059831% 210610430% 81049640% 11706338% 53 238 Please rate the following categories of Bozeman government performance. Being open and transparent to the public Lower Informing residents about issues facing the community Lower Treating all residents fairly Lower Treating residents with respect Similar Overall, how would you rate the quality of the services provided by each of the following? The City of Bozeman Similar The Federal Government Similar Please rate how important, if at all, you think it is for the Bozeman community to focus on each of the following in the coming two years. Overall economic health Similar Overall quality of the transportation system Similar Overall design or layout of residential and commercial areas Similar Overall quality of the utility infrastructure Similar Overall feeling of safety Much lower Overall quality of natural environment Similar Overall quality of parks and recreation opportunities Similar Overall health and wellness opportunities Similar Overall opportunities for education, culture, and the arts Similar Residents' connection and engagement with their community Similar In general, how many times do you: Access the internet from your home Similar Access the internet from your cell phone Similar Visit social media sites Similar Use or check email Similar Share your opinions online Similar Shop online Similar Please rate your overall health.Similar What impact, if any, do you think the economy will have on your family income in the next 6 months? Do you think the impact will be: Lower 8716635% 610710140% 16685857% 1012311160% 91009230% 151018680% 65672471% 92101983% 16675783% 010110162% 96101584% 46673772% 211018067% 61019563% 151018663% 57662995% 81661396% 7666274% 83661299% 7666223% 24665148% 96102581% 54 239 Please rate your overall health.Similar What impact, if any, do you think the economy will have on your family income in the next 6 months? Do you think the impact will be:Lower 51039814% 55 240 Please rate each of the following aspects of quality of life in Bozeman. Bozeman as a place to live Excellent Good Fair Poor Your neighborhood as a place to live Excellent Good Fair Poor Bozeman as a place to raise children Excellent Good Fair Poor Bozeman as a place to work Excellent Good Fair Poor Bozeman as a place to visit Excellent Good Fair Poor Bozeman as a place to retire Excellent Good Fair Poor The overall quality of life Excellent Good Fair Poor Excellent 2% 18% 46% 34% 4% 18% 39% 38% 5% 13% 40% 43% 17% 31% 35% 18% 4% 11% 34% 52% 28% 20% 28% 24% 4% 27% 48% 20% Complete set of frequencies This dashboard contains a complete set of responses to each question on the survey. By default, "don't know" responses are excluded, but may be added to the table using the response filter to the right. In some tables, the percentages may not sum to 100%; this is either because the question permitted the respondent to "choose all that apply", or for a question that asked the respondent to select one answer, it is due to the customary practice of rounding values to the nearest whole number. 56 241 Please rate each of the following aspects of quality of life in Bozeman. The overall quality of life Poor Sense of community Excellent Good Fair Poor Please rate each of the following characteristics as they relate to Bozeman as a whole. Overall economic health Excellent Good Fair Poor Overall quality of the transportation system Excellent Good Fair Poor Overall design or layout of residential and commercial areas Excellent Good Fair Poor Overall quality of the utility infrastructure Excellent Good Fair Poor Overall feeling of safety Excellent Good Fair Poor Overall quality of natural environment Excellent Good Fair Poor Overall quality of parks and recreation opportunities Excellent Good Fair Poor 17% 29% 39% 14% 24% 37% 30% 10% 21% 33% 36% 10% 22% 37% 34% 7% 10% 23% 51% 16% 2% 8% 47% 42% 3% 8% 38% 50% 9% 40% 48% 57 242 Please rate each of the following characteristics as they relate to Bozeman as a whole. Overall quality of parks and recreation opportunities Fair Poor Overall health and wellness opportunities Excellent Good Fair Poor Overall opportunities for education, culture, and the arts Excellent Good Fair Poor Residents' connection and engagement with their community Excellent Good Fair Poor Please indicate how likely or unlikely you are to do each of the following. Recommend living in Bozeman to someone who asks Very likely Somewhat likely Somewhat unlikely Very unlikely Remain in Bozeman for the next five years Very likely Somewhat likely Somewhat unlikely Very unlikely Please rate how safe or unsafe you feel: In your neighborhood during the day Very safe Somewhat safe Neither safe nor unsafe Somewhat unsafe In Bozeman's downtown/commercial area during the day Very safe Somewhat safe Neither safe nor unsafe Somewhat unsafe From property crime Very safe Somewhat safe Neither safe nor unsafe 3% 4% 14% 47% 34% 6% 23% 46% 25% 11% 35% 42% 11% 31% 22% 32% 15% 17% 13% 28% 42% 1% 3% 12% 84% 2% 6% 22% 71% 38% 46% 58 243 Please rate how safe or unsafe you feel: From property crime Somewhat safe Neither safe nor unsafe Somewhat unsafe Very unsafe From violent crime Very safe Somewhat safe Neither safe nor unsafe Somewhat unsafe Very unsafe From fire, flood, or other natural disaster Very safe Somewhat safe Neither safe nor unsafe Somewhat unsafe Very unsafe Please rate the job you feel the Bozeman community does at each of the following. Making all residents feel welcome Excellent Good Fair Poor Attracting people from diverse backgrounds Excellent Good Fair Poor Valuing/respecting residents from diverse backgrounds Excellent Good Fair Poor Taking care of vulnerable residents Excellent Good Fair Poor Please rate each of the following in the Bozeman community. Overall quality of business and service establishments Excellent Good Fair 1% 6% 10% 0% 2% 7% 31% 59% 1% 6% 12% 40% 42% 14% 29% 46% 11% 34% 38% 19% 9% 19% 42% 27% 13% 32% 35% 28% 5% 56% 24% 59 244 Please rate each of the following in the Bozeman community. Overall quality of business and service establishments Good Fair Poor Variety of business and service establishments Excellent Good Fair Poor Vibrancy of downtown/commercial area Excellent Good Fair Poor Employment opportunities Excellent Good Fair Poor Shopping opportunities Excellent Good Fair Poor Cost of living Excellent Good Fair Poor Overall image or reputation Excellent Good Fair Poor Please also rate each of the following in the Bozeman community. Traffic flow on major streets Excellent Good Fair Poor Ease of public parking Excellent Good 2% 17% 6% 26% 50% 18% 2% 15% 48% 35% 17% 31% 35% 17% 10% 25% 48% 17% 84% 12% 4% 0% 6% 28% 48% 18% 27% 42% 26% 5% 6% 60 245 Please also rate each of the following in the Bozeman community. Ease of public parking Excellent Good Fair Poor Ease of travel by car Excellent Good Fair Poor Ease of travel by public transportation Excellent Good Fair Poor Ease of travel by bicycle Excellent Good Fair Poor Ease of walking Excellent Good Fair Poor Well-planned residential growth Excellent Good Fair Poor Well-planned commercial growth Excellent Good Fair Poor Well-designed neighborhoods Excellent Good Fair Poor Excellent 30% 46% 18% 10% 30% 49% 11% 35% 32% 28% 6% 19% 33% 39% 10% 11% 21% 46% 22% 49% 33% 14% 4% 36% 38% 23% 3% 25% 37% 33% 6% 61 246 Please also rate each of the following in the Bozeman community. Well-designed neighborhoods Poor Preservation of the historical or cultural character of the community Excellent Good Fair Poor Public places where people want to spend time Excellent Good Fair Poor Variety of housing options Excellent Good Fair Poor Availability of affordable quality housing Excellent Good Fair Poor Overall quality of new development Excellent Good Fair Poor Overall appearance Excellent Good Fair Poor Cleanliness Excellent Good Fair Poor Water resources Excellent Good Fair Poor 22% 27% 43% 8% 6% 22% 52% 21% 67% 25% 6% 2% 91% 6% 2% 1% 37% 40% 20% 2% 5% 23% 52% 21% 3% 15% 56% 26% 23% 47% 25% 62 247 Please also rate each of the following in the Bozeman community. Water resources Fair Poor Air quality Excellent Good Fair Poor Availability of paths and walking trails Excellent Good Fair Poor Fitness opportunities Excellent Good Fair Poor Recreational opportunities Excellent Good Fair Poor Availability of affordable quality food Excellent Good Fair Poor Availability of affordable quality health care Excellent Good Fair Poor Availability of preventive health services Excellent Good Fair Poor Availability of affordable quality mental health care Excellent Good Fair 6% 1% 13% 50% 36% 2% 13% 42% 44% 1% 12% 38% 49% 1% 9% 28% 62% 14% 32% 45% 9% 19% 38% 37% 7% 12% 32% 47% 9% 21% 4% 63 248 Please also rate each of the following in the Bozeman community. Availability of affordable quality mental health care Good Fair Poor Opportunities to attend cultural/arts/music activities Excellent Good Fair Poor Community support for the arts Excellent Good Fair Poor Availability of affordable quality childcare/preschool Excellent Good Fair Poor K-12 education Excellent Good Fair Poor Adult educational opportunities Excellent Good Fair Poor Sense of civic/community pride Excellent Good Fair Poor Neighborliness of residents Excellent Good Fair Poor Opportunities to participate in social events andactivities Excellent Good 42% 33% 4% 24% 54% 19% 4% 21% 50% 25% 56% 28% 13% 3% 4% 18% 46% 33% 9% 26% 47% 18% 10% 32% 47% 11% 11% 31% 45% 13% 18% 64 249 Please also rate each of the following in the Bozeman community. Opportunities to participate in social events and activities Excellent Good Fair Poor Opportunities to attend special events and festivals Excellent Good Fair Poor Opportunities to volunteer Excellent Good Fair Poor Opportunities to participate in community matters Excellent Good Fair Poor Openness and acceptance of the community toward people of diverse backgrounds Excellent Good Fair Poor Please indicate whether or not you have done each of the following in the last 12 months. Contacted the City of Bozeman for help or information No Yes Contacted Bozeman elected officials to express your opinion No Yes Attended a local public meeting No Yes Watched a local public meeting No Yes Volunteered your time to some group/activity No Yes Campaigned or advocated for a local issue, cause, or candidate No Yes No 3% 21% 59% 3% 19% 56% 21% 2% 17% 52% 29% 7% 29% 48% 17% 19% 37% 32% 12% 41% 59% 23% 77% 28% 72% 33% 67% 60% 40% 27% 73% 65 250 Please indicate whether or not you have done each of the following in the last 12 months. Campaigned or advocated for a local issue, cause, or candidate Yes Voted in your most recent local election No Yes Used public transportation instead of driving No Yes Carpooled with other adults or children instead of driving alone No Yes Walked or biked instead of driving No Yes Please rate the quality of each of the following services in Bozeman. Public information services Excellent Good Fair Poor Economic development Excellent Good Fair Poor Traffic enforcement Excellent Good Fair Poor Traffic signal timing Excellent Good Fair Poor Street repair Excellent Good Fair Poor Street cleaning Excellent Good Fair Poor 83% 17% 24% 76% 62% 38% 81% 19% 3% 31% 61% 5% 19% 39% 35% 7% 19% 35% 40% 6% 25% 30% 40% 4% 19% 39% 37% 5% 25% 54% 17% 66 251 Please rate the quality of each of the following services in Bozeman. Street cleaning Fair Poor Street lighting Excellent Good Fair Poor Snow removal Excellent Good Fair Poor Sidewalk maintenance Excellent Good Fair Poor Bus or transit services Excellent Good Fair Poor Land use, planning and zoning Excellent Good Fair Poor Code enforcement Excellent Good Fair Poor Affordable high-speed internet access Excellent Good Fair Poor Garbage collection Excellent Good Fair 4% 8% 25% 53% 14% 20% 29% 44% 7% 17% 28% 48% 7% 18% 26% 44% 12% 44% 31% 20% 5% 27% 31% 33% 9% 24% 30% 36% 9% 57% 33% 67 252 Please rate the quality of each of the following services in Bozeman. Garbage collection Good Fair Poor Drinking water Excellent Good Fair Poor Sewer services Excellent Good Fair Poor Storm water management Excellent Good Fair Poor Power (electric and/or gas) utility Excellent Good Fair Poor Utility billing Excellent Good Fair Poor Police/Sheriff services Excellent Good Fair Poor Crime prevention Excellent Good Fair Poor Animal control Excellent Good 3% 8% 2% 8% 44% 47% 1% 8% 53% 38% 3% 14% 55% 28% 2% 23% 51% 23% 7% 27% 45% 21% 11% 16% 52% 22% 5% 17% 56% 22% 18% 68 253 Please rate the quality of each of the following services in Bozeman. Animal control Excellent Good Fair Poor Ambulance or emergency medical services Excellent Good Fair Poor Fire services Excellent Good Fair Poor Fire prevention and education Excellent Good Fair Poor Emergency preparedness Excellent Good Fair Poor Preservation of natural areas Excellent Good Fair Poor Bozeman open space Excellent Good Fair Poor Recycling Excellent Good Fair Poor Excellent 9% 23% 51% 1% 18% 58% 24% 0% 10% 56% 34% 6% 22% 48% 24% 17% 31% 40% 12% 23% 26% 40% 11% 13% 31% 38% 18% 36% 32% 24% 8% 69 254 Please rate the quality of each of the following services in Bozeman. Recycling Poor Yard waste pick-up Excellent Good Fair Poor City parks Excellent Good Fair Poor Recreation programs or classes Excellent Good Fair Poor Recreation centers or facilities Excellent Good Fair Poor Health services Excellent Good Fair Poor Public library services Excellent Good Fair Overall customer service by Bozeman employees Excellent Good Fair Poor Please rate the following categories of Bozeman government performance. The value of services for the taxes paid to Bozeman Excellent Good Fair Poor Excellent 14% 26% 46% 14% 1% 14% 54% 31% 6% 22% 55% 18% 14% 25% 45% 15% 9% 27% 49% 15% 7% 42% 51% 9% 17% 53% 21% 19% 40% 31% 10% 70 255 Please rate the following categories of Bozeman government performance. The value of services for the taxes paid to Bozeman Poor The overall direction that Bozeman is taking Excellent Good Fair Poor The job Bozeman government does at welcoming resident involvement Excellent Good Fair Poor Overall confidence in Bozeman government Excellent Good Fair Poor Generally acting in the best interest of the community Excellent Good Fair Poor Being honest Excellent Good Fair Poor Being open and transparent to the public Excellent Good Fair Poor Informing residents about issues facing the community Excellent Good Fair Poor Treating all residents fairly Excellent Good Fair Poor 41% 37% 17% 5% 19% 41% 31% 10% 28% 41% 26% 4% 35% 34% 25% 6% 20% 40% 34% 6% 26% 36% 33% 5% 28% 38% 29% 6% 34% 33% 7% 71 256 Please rate the following categories of Bozeman government performance. Treating all residents fairly Fair Poor Treating residents with respect Excellent Good Fair Poor Overall, how would you rate the quality of the services provided by each of the following? The City of Bozeman Excellent Good Fair Poor The Federal Government Excellent Good Fair Poor Please rate how important, if at all, you think it is for the Bozeman community to focus on each of the following in the coming two years. Overall economic health Essential Very important Somewhat important Not at all important Overall quality of the transportation system Essential Very important Somewhat important Not at all important Overall design or layout of residential and commercial areas Essential Very important Somewhat important Not at all important Overall quality of the utility infrastructure Essential Very important Somewhat important Not at all important Overall feeling of safety Essential Very important Somewhat important 26% 16% 28% 45% 12% 9% 31% 49% 11% 30% 40% 27% 3% 2% 18% 31% 49% 4% 25% 36% 35% 3% 14% 37% 46% 3% 15% 41% 42% 34% 28% 72 257 Please rate how important, if at all, you think it is for the Bozeman community to focus on each of the following in the coming two years. Overall feeling of safety Very important Somewhat important Not at all important Overall quality of natural environment Essential Very important Somewhat important Not at all important Overall quality of parks and recreation opportunities Essential Very important Somewhat important Not at all important Overall health and wellness opportunities Essential Very important Somewhat important Not at all important Overall opportunities for education, culture, and the arts Essential Very important Somewhat important Not at all important Residents' connection and engagement with their community Essential Very important Somewhat important Not at all important How likely would you be, if at all, to opt to increase your utility fees to receive electricity from renewable sources (wind, solar, etc.)? Very likely Somewhat likely Not at all likely How much would you support or oppose an increase in property taxes to fund the following in Bozeman? Combined aquatics/recreation facility and west side branch of the Bozeman Public Library Strongly support Somewhat support Somewhat oppose Strongly oppose New fire station and staff to maintain citywide service levels relative to growth Strongly support Somewhat support Somewhat oppose 6% 32% 1% 15% 29% 55% 2% 25% 33% 40% 5% 29% 36% 31% 5% 32% 37% 27% 4% 32% 41% 23% 24% 33% 43% 20% 15% 37% 28% 46% 32% 73 258 How much would you support or oppose an increase in property taxes to fund the following in Bozeman? New fire station and staff to maintain citywide service levels relative to growth Somewhat support Somewhat oppose Strongly oppose Currently, the City of Bozeman receives no local sales tax revenue. How much would you support or oppose a local option sales tax that would go to the City to support property tax relief? Strongly support Somewhat support Somewhat oppose Strongly oppose Please select the option that best describes how you think the City should address each of the following aspects of the community. Economy More effort Same effort Less effort No opinion Environment More effort Same effort Less effort No opinion Neighborhoods More effort Same effort Less effort No opinion Safety More effort Same effort Less effort No opinion Parks & recreation More effort Same effort Less effort No opinion Transportation More effort Same effort Less effort No opinion General government More effort Same effort 11% 10% 38% 17% 18% 27% 2% 11% 38% 49% 1% 7% 47% 45% 3% 8% 57% 32% 2% 10% 74% 13% 1% 10% 71% 17% 1% 9% 46% 44% 23% 74 259 Please select the option that best describes how you think the City should address each of the following aspects of the community. General government More effort Same effort Less effort No opinion Housing More effort Same effort Less effort No opinion Other More effort Same effort Less effort No opinion In general, how many times do you:Access the internet from your home Several times a day Once a day A few times a week Every few weeks Less often or never Access the internet from your cell phone Several times a day Once a day A few times a week Every few weeks Less often or never Visit social media sites Several times a day Once a day A few times a week Every few weeks Less often or never Use or check email Several times a day Once a day A few times a week Every few weeks Less often or never Several times a day 9% 12% 56% 1% 5% 9% 84% 67% 2% 10% 20% 3% 1% 3% 8% 85% 3% 1% 1% 3% 92% 21% 5% 10% 14% 50% 1% 0% 4% 15% 80% 75 260 In general, how many times do you: Use or check email Less often or never Share your opinions online Several times a day Once a day A few times a week Every few weeks Less often or never Shop online Several times a day Once a day A few times a week Every few weeks Less often or never Please rate your overall health.Excellent Very good Good Fair What impact, if any, do you think the economy will have on your family income in the next 6 months? Do you think the impact will be: Very positive Somewhat positive Neutral Somewhat negative Very negative How many years have you lived in Bozeman?Less than 2 years 2-5 years 6-10 years 11-20 years More than 20 years Which best describes the building you live in?One family house detached from any other houses Building with two or more homes (duplex, townhome, apa.. Mobile home Other Do you rent or own your home?Rent Own About how much is your monthly housing cost for the place you live (including rent, mortgage payment, property tax, property insurance and homeowners' association (HOA) fees)? Less than $500 $500 to $999 60% 17% 11% 4% 8% 12% 41% 32% 9% 6% 3% 15% 43% 39% 17% 36% 34% 11% 3% 26% 18% 22% 26% 9% 1% 2% 58% 39% 43% 57% 4% 76 261 About how much is your monthly housing cost for the place you live (including rent, mortgage payment, property tax, property insurance and homeowners' association (HOA) fees)? Less than $500 $500 to $999 $1,000 to $1,499 $1,500 to $1,999 $2,000 to $2,499 $2,500 to $2,999 $3,000 to $3,499 $3,500 or more Do any children 17 or under live in your household? No Yes Are you or any other members of your household aged 65 or older? No Yes How much do you anticipate your household's total income before taxes will be for the current year? (Please include in your total income money from all sources for all persons living in your household.) Less than $25,000 $25,000 to $49,999 $50,000 to $74,999 $75,000 to $99,999 $100,000 to $149,999 $150,000 or more Are you Spanish, Hispanic or Latino?No, not Spanish, Hispanic, or Latino Yes, I consider myself to be Spanish, Hispanic, or Latino What is your race? (Mark one or more races to indicate what race you consider yourself to be.) American Indian or Alaskan Native Asian, Asian Indian, or Pacific Islander Black or African American White Other In which category is your age?18-24 years 25-34 years 35-44 years 45-54 years 55-64 years 65-74 years 75 years or older Female 5% 5% 7% 18% 25% 18% 18% 19% 81% 15% 85% 18% 20% 16% 23% 16% 7% 4% 96% 3% 97% 1% 2% 3% 5% 8% 7% 11% 11% 44% 14% 77 262 In which category is your age?75 years or older What is your sex?Female Male Identify in another way What is your sexual orientation?Asexual Bisexual Gay Heterosexual Lesbian Pansexual Queer Other 1% 52% 47% 2% 2% 0% 1% 85% 1% 6% 2% 78 263 2005200720152022Please rate each of the following aspects of quality of life in Bozeman. Bozeman as a place to live Your neighborhood as a place to live Bozeman as a place to raise children Bozeman as a place to work Bozeman as a place to visit Bozeman as a place to retire The overall quality of life Sense of community Please rate each of the following characteristics as they relate to Bozeman as a whole. Overall economic health Overall quality of the transportation system Overall design or layout of residential and commercial areas Overall quality of the utility infrastructure Overall feeling of safety Overall quality of natural environment Overall quality of parks and recreation opportunities 54% 69% 52% 86% 52% 82% 78% 80% 66% 90% 67% 93% 57% 89% 82% 90% 60% 83% 63% 51% 81% 80% 87% 68% 84% 62% 39% 85% 78% 93% 89% 89% 67% 41% 45% 40% 87% 92% 64% 66% Full trends This table contains the trends over time for the City of Bozeman. The combined "percent positive" responses for each survey year are presented (e.g., excellent/good or yes). If an item was not included during an administration of the survey, no percentage will be shown in the table. If the difference between the 2015 and 2022 surveys is greater than seven percentage points, the change is statistically significant. It is important to note that in 2020, The NCS survey was updated to include new and refreshed items. Consequently, some of the trends may be impacted due to wording modifications that could have potentially altered the meaning of the item for the respondent. 90 264 Please rate each of the following characteristics as they relate to Bozeman as a whole. Overall quality of natural environment Overall quality of parks and recreation opportunities Overall health and wellness opportunities Overall opportunities for education, culture, and the arts Residents' connection and engagement with their community Please indicate how likely or unlikely you are to do each of the following. Recommend living in Bozeman to someone who asks Remain in Bozeman for the next five years Please rate how safe or unsafe you feel: In your neighborhood during the day In Bozeman's downtown/commercial area during the day From property crime From violent crime From fire, flood, or other natural disaster Please rate the job you feel the Bozeman community does at each of the following. Making all residents feel welcome Attracting people from diverse backgrounds Valuing/respecting residents from diverse backgrounds Taking care of vulnerable residents Please rate each of the following in the Bozeman community. Overall quality of business and service establishments Variety of business and service establishments Vibrancy of downtown/commercial area Employment opportunities Shopping opportunities 53% 71% 82% 88% 86% 81% 70% 46% 82% 82% 82% 90% 84% 93% 96% 97% 97% 74% 57% 97% 95% 78% 64% 97% 96% 33% 39% 28% 57% 52% 83% 68% 81% 43% 86% 76% 42%22% 91 265 Please rate each of the following in the Bozeman community. Employment opportunities Shopping opportunities Cost of living Overall image or reputation Please also rate each of the following in the Bozeman community. Traffic flow on major streets Ease of public parking Ease of travel by car Ease of travel by public transportation Ease of travel by bicycle Ease of walking Well-planned residential growth Well-planned commercial growth Well-designed neighborhoods Preservation of the historical or cultural character of the community Public places where people want to spend time Variety of housing options Availability of affordable quality housing Overall quality of new development Overall appearance Cleanliness Water resources 66% 4% 65% 86% 18% 59% 83% 59% 81% 53% 82% 73% 22% 3% 8% 72% 51% 39% 26% 18% 68% 49% 33% 60% 24% 31% 91% 90% 52% 10% 24% 85% 76% 51% 36% 56% 39% 37% 79% 42% 11% 69% 42% 40% 21% 80% 42% 9% 66% 42% 30% 22% 92 266 Please also rate each of the following in the Bozeman community. Cleanliness Water resources Air quality Availability of paths and walking trails Fitness opportunities Recreational opportunities Availability of affordable quality food Availability of affordable quality health care Availability of preventive health services Availability of affordable quality mental health care Opportunities to attend cultural/arts/music activities Community support for the arts Availability of affordable quality childcare/preschool K-12 education Adult educational opportunities Sense of civic/community pride Neighborliness of residents Opportunities to participate in social events and activities Opportunities to attend special events and festivals Opportunities to volunteer Opportunities to participate in community matters 81% 78% 77% 59% 58% 65% 79% 16% 75% 73% 25% 56% 43% 54% 91% 87% 85% 85% 71% 86% 74% 81% 66% 77% 83% 42% 75% 50% 70% 64% 68% 93% 89% 83% 93% 68% 61% 32% 89% 87% 63% 85% 93 267 Please also rate each of the following in the Bozeman community. Opportunities to volunteer Opportunities to participate in community matters Openness and acceptance of the community toward people of diverse backgrounds Please indicate whether or not you have done each of the following in the last 12 months. Contacted the City of Bozeman for help or information Contacted Bozeman elected officials to express your opinion Attended a local public meeting Watched a local public meeting Volunteered your time to some group/activity Campaigned or advocated for a local issue, cause, or candidate Voted in your most recent local election Used public transportation instead of driving Carpooled with other adults or children instead of driving alone Walked or biked instead of driving Please rate the quality of each of the following services in Bozeman. Public information services Economic development Traffic enforcement Traffic signal timing Street repair Street cleaning Street lighting Snow removal 44% 65% 60% 75% 81% 63% 24% 83% 27% 60% 33% 28% 23% 41% 83% 69% 25% 21% 64% 20% 23% 14% 41% 73% 63% 40% 30% 64% 80% 60% 32% 60% 67% 71% 42% 45% 46% 42% 67% 60% 71% 38% 38% 58% 59% 73% 47% 47% 16% 26% 48% 50% 58% 46% 52% 31% 29% 43% 39% 56% 94 268 Please rate the quality of each of the following services in Bozeman. Street lighting Snow removal Sidewalk maintenance Bus or transit services Land use, planning and zoning Code enforcement Affordable high-speed internet access Garbage collection Drinking water Sewer services Storm water management Power (electric and/or gas) utility Utility billing Police/Sheriff services Crime prevention Animal control Ambulance or emergency medical services Fire services Fire prevention and education Emergency preparedness Preservation of natural areas 52% 72% 90% 81% 69% 79% 73% 66% 75% 83% 92% 90% 89% 45% 42% 25% 56% 55% 51% 49% 84% 94% 92% 63% 80% 83% 68% 78% 66% 86% 80% 91% 47% 38% 58% 47% 56% 75% 92% 90% 62% 56% 67% 52% 78% 74% 79% 39% 24% 33% 42% 39% 69% 92% 84% 59% 59% 66% 61% 74% 66% 81% 37% 23% 46% 46% 95 269 Please rate the quality of each of the following services in Bozeman. Emergency preparedness Preservation of natural areas Bozeman open space Recycling Yard waste pick-up City parks Recreation programs or classes Recreation centers or facilities Health services Public library services Overall customer service by Bozeman employees Please rate the following categories of Bozeman government performance. The value of services for the taxes paid to Bozeman The overall direction that Bozeman is taking The job Bozeman government does at welcoming resident involvement Overall confidence in Bozeman government Generally acting in the best interest of the community Being honest Being open and transparent to the public Informing residents about issues facing the community Treating all residents fairly Treating residents with respect 74% 93% 64% 61% 72% 84% 60% 32% 56% 51% 52% 77% 93% 72% 78% 83% 89% 57% 59% 62% 54% 49% 65% 88% 61% 65% 78% 87% 53% 47% 68% 75% 64% 77% 83% 58% 58% 40% 35% 38% 40% 30% 31% 40% 22% 41% 53% 58% 53% 52% 55% 46% 54% 53% 39% 47% 50% 37% 46% 96 270 Please rate the following categories of Bozeman government performance. Treating all residents fairly Treating residents with respect Overall, how would you rate the quality of the services provided by each of the following? The City of Bozeman The Federal Government Please rate how important, if at all, you think it is for the Bozeman community to focus on each of the following in the coming two years. Overall economic health Overall quality of the transportation system Overall design or layout of residential and commercial areas Overall quality of the utility infrastructure Overall feeling of safety Overall quality of natural environment Overall quality of parks and recreation opportunities Overall health and wellness opportunities Overall opportunities for education, culture, and the arts Residents' connection and engagement with their community In general, how many times do you: Access the internet from your home Access the internet from your cell phone Visit social media sites Use or check email Share your opinions online Shop online Please rate your overall health. 57% 30% 60% 43% 81% 44% 62% 44% 65% 63% 63% 67% 72% 84% 62% 83% 83% 71% 80% 73% 77% 74% 85% 70% 78% 84% 48% 23% 99% 74% 96% 95% 97 271 In general, how many times do you:Shop online Please rate your overall health. What impact, if any, do you think the economy will have on your family income in the next 6 months? Do you think the impact will be: 81%76% 14%28%26%30% 98 272 Methods (open participation) As part of its participation in The National Community Survey™ (The NCS™), the City of Bozeman conducted a survey of 466 residents. Survey invitations were mailed to randomly selected households and data were collected from May 19th, 2022 to July 7, 2022. The results from this main survey effort represent the most robust estimate of your residents’ opinions. After the above data collection period was underway, a link to an online open participation survey was publicized by the City of Bozeman. The open participation survey was identical to the probability sample survey with a question about where they heard about the survey. The open participation survey was open to all city residents and became available on June 23, 2022. The survey remained open for 4 weeks and there were 19 responses. The open participation survey data were not collected through a random sample and it is unknown who in the community was aware of the survey; therefore, a level of confidence in the representativeness of the sample cannot be estimated. Due to limited response, the results were not statistically weighted. * Pasek, J. (2010). ANES Weighting Algorithm.  Retrieved from https://web.stanford.edu/group/iriss/cgi-bin/anesrake/resources/RakingDescription.pdf 99 273 Do you live within the City limits of Bozeman?Yes No Please rate each of the following aspects of quality of life in Bozeman. Bozeman as a place to live Excellent Good Fair Poor Your neighborhood as a place to live Excellent Good Fair Bozeman as a place to raise children Excellent Good Fair Poor Bozeman as a place to work Excellent Good Fair Poor Bozeman as a place to visit Excellent Good Fair Bozeman as a place to retire Excellent Good Fair Poor The overall quality of life in Bozeman Excellent Good Fair Poor Excellent 11% 89% 11% 26% 42% 21% 32% 26% 42% 18% 41% 12% 29% 19% 50% 13% 19% 22% 22% 56% 20% 33% 27% 20% 17% 17% 39% 28% Open participation survey results This dashboard contains a complete set of responses to each question on the open participation survey. By default, "don't know" responses are excluded, but may be added to the table using the response filter to the right. In some tables, the percentages may not sum to 100%; this is either because the question permitted the respondent to "choose all that apply", or for a question that asked the respondent to select one answer, it is due to the customary practice of rounding values to the nearest whole number. 100 274 Please rate each of the following aspects of quality of life in Bozeman. The overall quality of life in Bozeman Poor Sense of community Excellent Good Fair Poor Please rate each of the following characteristics as they relate to Bozeman as a whole. Overall economic health of Bozeman Excellent Good Fair Poor Overall quality of the transportation system (auto, bicycle, foot, bus) in Bozeman Excellent Good Fair Poor Overall design or layout of Bozeman's residential and commercial areas (e.g., homes, buildings, streets, parks, etc.) Excellent Good Fair Poor Overall quality of the utility infrastructure in Bozeman (water, sewer, storm water, electric/gas, broadband) Excellent Good Fair Poor Overall feeling of safety in Bozeman Excellent Good Fair Overall quality of natural environment in Bozeman Excellent Good Fair Poor Overall quality of parks and recreation opportunities Excellent Good Fair Poor Overall health and wellness opportunities inBozeman Excellent Good 21% 26% 37% 16% 33% 39% 17% 11% 29% 18% 35% 18% 28% 39% 28% 6% 16% 16% 53% 16% 21% 58% 21% 11% 16% 26% 47% 11% 11% 32% 47% 26% 101 275 Please rate each of the following characteristics as they relate to Bozeman as a whole. Overall health and wellness opportunities in Bozeman Excellent Good Fair Overall opportunities for education, culture, and the arts Excellent Good Fair Poor Residents' connection and engagement with their community Excellent Good Fair Poor Please indicate how likely or unlikely you are to do each of the following. Recommend living in Bozeman to someone who asks Very likely Somewhat likely Somewhat unlikely Very unlikely Remain in Bozeman for the next five years Very likely Somewhat likely Somewhat unlikely Very unlikely Please rate how safe or unsafe you feel: In your neighborhood during the day Very safe Somewhat safe Neither safe nor unsafe In Bozeman's downtown/commercial area during the day Very safe Somewhat safe Neither safe nor unsafe Somewhat unsafe From property crime Very safe Somewhat safe Neither safe nor unsafe Somewhat unsafe From violent crime Very safe Somewhat safe Neither safe nor unsafe Somewhat unsafe 37% 37% 11% 21% 53% 16% 11% 47% 37% 5% 65% 6% 24% 6% 39% 6% 33% 22% 5% 16% 79% 6% 6% 6% 83% 11% 21% 32% 37% 21% 26% 42% 102 276 Please rate how safe or unsafe you feel: From violent crime Neither safe nor unsafe Somewhat unsafe From fire, flood, or other natural disaster Very safe Somewhat safe Neither safe nor unsafe Somewhat unsafe Please rate the job you feel the Bozeman community does at each of the following. Making all residents feel welcome Excellent Good Fair Poor Attracting people from diverse backgrounds Excellent Good Fair Poor Valuing/respecting residents from diverse backgrounds Excellent Fair Poor Taking care of vulnerable residents (elderly, disabled, homeless, etc.) Excellent Good Fair Poor Please rate each of the following in the Bozeman community. Overall quality of business and service establishments in Bozeman Excellent Good Fair Poor Variety of business and service establishments in Bozeman Excellent Good Fair Poor Vibrancy of downtown/commercial area Excellent Good Fair Poor Excellent 11% 5% 32% 42% 21% 32% 32% 21% 16% 58% 21% 11% 11% 44% 39% 17% 44% 39% 11% 6% 16% 16% 47% 21% 32% 32% 16% 21% 11% 26% 26% 37% 103 277 Please rate each of the following in the Bozeman community. Vibrancy of downtown/commercial area Poor Employment opportunities Excellent Good Fair Poor Shopping opportunities Excellent Good Fair Poor Cost of living in Bozeman Excellent Fair Poor Overall image or reputation of Bozeman Excellent Good Fair Poor Please also rate each of the following in the Bozeman community. Traffic flow on major streets Excellent Good Fair Poor Ease of public parking Good Fair Poor Ease of travel by car in Bozeman Excellent Good Fair Poor Ease of travel by public transportation in Bozeman Excellent Good Fair Poor Ease of travel by bicycle in Bozeman Excellent Good Fair 28% 44% 17% 11% 26% 47% 11% 16% 89% 5% 5% 11% 37% 32% 21% 58% 21% 16% 5% 42% 21% 37% 32% 16% 42% 11% 33% 33% 17% 17% 6% 19% 104 278 Please also rate each of the following in the Bozeman community. Ease of travel by bicycle in Bozeman Good Fair Poor Ease of walking in Bozeman Excellent Good Fair Poor Well-planned residential growth Excellent Good Fair Poor Well-planned commercial growth Excellent Good Fair Poor Well-designed neighborhoods Excellent Good Fair Poor Preservation of the historical or cultural character of the community Excellent Good Fair Poor Public places where people want to spend time Excellent Good Fair Poor Variety of housing options Excellent Fair Poor Availability of affordable quality housing Fair Poor Overall quality of new development in Bozeman Good Fair 31% 44% 26% 26% 37% 11% 61% 17% 17% 6% 56% 28% 11% 6% 26% 42% 21% 11% 33% 33% 17% 17% 11% 21% 58% 11% 72% 22% 6% 94% 6% 22% 105 279 Please also rate each of the following in the Bozeman community. Overall quality of new development in Bozeman Good Fair Poor Overall appearance of Bozeman Excellent Good Fair Poor Cleanliness of Bozeman Excellent Good Fair Poor Water resources (beaches, lakes, ponds, riverways, etc.) Excellent Good Fair Poor Air quality Excellent Good Fair Availability of paths and walking trails Excellent Good Fair Poor Fitness opportunities (including exercise classes and paths or trails, etc.) Excellent Good Fair Recreational opportunities Excellent Good Fair Availability of affordable quality food Excellent Good Fair Poor Availability of affordable quality health care Excellent Good 50% 28% 11% 26% 53% 11% 5% 16% 42% 37% 5% 21% 53% 21% 32% 42% 26% 6% 22% 33% 39% 26% 26% 47% 21% 26% 53% 37% 26% 26% 11% 11% 106 280 Please also rate each of the following in the Bozeman community. Availability of affordable quality health care Excellent Good Fair Poor Availability of preventive health services Excellent Good Fair Poor Availability of affordable quality mental health care Excellent Fair Poor Opportunities to attend cultural/arts/music activities Excellent Good Fair Poor Community support for the arts Excellent Good Fair Poor Availability of affordable quality childcare/preschool Excellent Good Fair Poor K-12 education Excellent Good Fair Poor Adult educational opportunities Excellent Good Fair Poor Sense of civic/community pride Excellent Good Fair 26% 37% 26% 16% 47% 26% 11% 50% 44% 6% 5% 26% 42% 26% 6% 28% 44% 22% 75% 8% 8% 8% 23% 15% 31% 31% 7% 47% 40% 7% 29% 6% 107 281 Please also rate each of the following in the Bozeman community. Sense of civic/community pride Good Fair Poor Neighborliness of residents in Bozeman Excellent Good Fair Poor Opportunities to participate in social events and activities Excellent Good Fair Poor Opportunities to attend special events and festivals Excellent Good Fair Poor Opportunities to volunteer Excellent Good Fair Poor Opportunities to participate in community matters Excellent Good Fair Poor Openness and acceptance of the community toward people of diverse backgrounds Excellent Good Fair Poor Please indicate whether or not you have done each of the following in the last 12 months. Contacted the City of Bozeman (in-person, phone, email, or web) for help or information No Yes Contacted Bozeman elected officials (in-person, phone, email, or web) to express your opinion No Yes Attended a local public meeting (of local elected officials like City Council or County Commissioners, advisory boards, town halls, HOA, neighborhood w.. No Yes No 24% 41% 11% 53% 32% 5% 11% 39% 22% 28% 16% 26% 37% 21% 6% 11% 61% 22% 11% 22% 50% 17% 44% 39% 6% 11% 58% 42% 37% 63% 47% 53% 108 282 Please indicate whether or not you have done each of the following in the last 12 months. Attended a local public meeting (of local electedofficials like City Council or County Commissioners, advisory boards, town halls, HOA, neighborhood w..Yes Watched (online or on television) a local public meeting No Yes Volunteered your time to some group/activity in Bozeman No Yes Campaigned or advocated for a local issue, cause, or candidate No Yes Voted in your most recent local election No Yes Used bus, rail, subway, or other public transportation instead of driving No Yes Carpooled with other adults or children instead of driving alone No Yes Walked or biked instead of driving No Yes Please rate the quality of each of the following services in Bozeman. Public information services Excellent Good Fair Poor Economic development Excellent Good Fair Poor Traffic enforcement Excellent Good Fair Poor Traffic signal timing Excellent Good Fair Poor Street repair Excellent Good Fair 63% 37% 74% 26% 47% 53% 83% 17% 21% 79% 58% 42% 74% 26% 11% 37% 42% 11% 20% 53% 20% 7% 28% 28% 39% 6% 21% 42% 32% 5% 17% 22% 109 283 Please rate the quality of each of the following services in Bozeman. Street repair Good Fair Poor Street cleaning Excellent Good Fair Street lighting Excellent Good Fair Poor Snow removal Excellent Good Fair Poor Sidewalk maintenance Excellent Good Fair Poor Bus or transit services Excellent Good Fair Poor Land use, planning, and zoning Excellent Good Fair Poor Code enforcement (weeds, abandoned buildings, etc.) Good Fair Poor Affordable high-speed internet access Excellent Good Fair Poor Excellent 11% 50% 37% 32% 32% 17% 28% 28% 28% 21% 32% 37% 11% 5% 47% 42% 5% 20% 27% 33% 20% 50% 39% 6% 6% 33% 47% 20% 61% 22% 6% 11% 110 284 Please rate the quality of each of the following services in Bozeman. Affordable high-speed internet access Poor Garbage collection Excellent Good Fair Drinking water Excellent Good Fair Poor Sewer services Excellent Good Fair Storm water management (storm drainage, dams, levees, etc.) Excellent Good Fair Power (electric and/or gas) utility Excellent Good Fair Utility billing Excellent Good Fair Poor Police/Sheriff services Excellent Good Fair Poor Crime prevention Excellent Good Fair Poor Animal control Excellent Good Fair Ambulance or emergency medical services Excellent Good 26% 32% 42% 6% 24% 18% 53% 24% 29% 47% 12% 53% 35% 39% 39% 22% 12% 41% 29% 18% 22% 22% 22% 33% 24% 35% 12% 29% 53% 29% 18% 36% 111 285 Please rate the quality of each of the following services in Bozeman. Ambulance or emergency medical services Excellent Good Fair Fire services Excellent Good Fair Fire prevention and education Excellent Good Fair Emergency preparedness (services that prepare the community for natural disasters or other emergency situations) Excellent Good Fair Poor Preservation of natural areas (open space, farmlands, and greenbelts) Excellent Good Fair Poor Bozeman open space Excellent Good Fair Poor Recycling Excellent Good Fair Poor Yard waste pick-up Excellent Good Fair Poor City parks Excellent Good Fair Poor Excellent 21% 43% 7% 36% 57% 33% 40% 27% 31% 23% 38% 8% 38% 31% 25% 6% 29% 35% 24% 12% 58% 11% 26% 5% 14% 36% 21% 29% 11% 16% 32% 42% 112 286 Please rate the quality of each of the following services in Bozeman. City parks Poor Recreation programs or classes Excellent Good Fair Poor Recreation centers or facilities Excellent Good Fair Poor Health services Excellent Good Fair Poor Public library services Excellent Good Fair Overall customer service by Bozeman employees (police, receptionists, planners, etc.) Excellent Good Fair Poor Please rate the following categories of Bozeman government performance. The value of services for the taxes paid to Bozeman Excellent Good Fair Poor The overall direction that Bozeman is taking Good Fair Poor The job Bozeman government does at welcoming resident involvement Excellent Good Fair Poor Overall confidence in Bozeman government Good Fair Poor 22% 22% 39% 17% 41% 29% 18% 12% 29% 21% 36% 14% 11% 21% 68% 11% 33% 39% 17% 32% 37% 26% 5% 58% 26% 16% 44% 28% 22% 6% 39% 11% 113 287 Please rate the following categories of Bozeman government performance. Overall confidence in Bozeman government Fair Poor Generally acting in the best interest of the community Good Fair Poor Being honest Excellent Good Fair Poor Being open and transparent to the public Excellent Good Fair Poor Informing residents about issues facing the community Excellent Good Fair Poor Treating all residents fairly Good Fair Poor Treating residents with respect Excellent Good Fair Poor Overall, how would you rate the quality of the services provided by each of the following? The City of Bozeman Excellent Good Fair Poor The Federal Government Good Fair Poor Please rate how important, if at all, you think it is for the Bozeman community to focus on each of the following in the coming two years. Overall economic health of Bozeman Essential Very important Somewhat important 50% 47% 42% 11% 33% 28% 28% 11% 41% 24% 29% 6% 56% 22% 11% 11% 50% 13% 38% 18% 35% 41% 6% 17% 50% 28% 6% 53% 32% 16% 26% 53% 114 288 Please rate how important, if at all, you think it is for the Bozeman community to focus on each of the following in the coming two years. Overall economic health of Bozeman Very important Somewhat important Not at all important Overall quality of the transportation system (auto, bicycle, foot, bus) in Bozeman Essential Very important Somewhat important Not at all important Overall design or layout of Bozeman's residential and commercial areas (e.g., homes, buildings, streets, parks, etc.) Essential Very important Overall quality of the utility infrastructure in Bozeman (water, sewer, storm water, electric/gas, broadband) Essential Very important Somewhat important Not at all important Overall feeling of safety in Bozeman Essential Very important Somewhat important Not at all important Overall quality of natural environment in Bozeman Essential Very important Somewhat important Not at all important Overall quality of parks and recreation opportunities Essential Very important Not at all important Overall health and wellness opportunities in Bozeman Essential Very important Somewhat important Overall opportunities for education, culture, and the arts Essential Very important Somewhat important Not at all important Residents' connection and engagement with their community Essential Very important Somewhat important 11% 11% 11% 11% 47% 32% 63% 37% 12% 6% 41% 41% 21% 26% 21% 32% 5% 11% 21% 63% 11% 32% 58% 16% 42% 42% 16% 21% 37% 26% 26% 32% 115 289 Please rate how important, if at all, you think it is for the Bozeman community to focus on each of the following in the coming two years. Residents' connection and engagement with their community Very important Somewhat important Not at all important How likely would you be, if at all, to opt to increase your utility fees to receive electricity from renewable sources (wind, solar, etc.)? Very likely Somewhat likely Not at all likely How much would you support or oppose an increase in property taxes to fund the following in Bozeman? Combined aquatics/recreation facility and west side branch of the Bozeman Public Library Strongly support Somewhat support Somewhat oppose Strongly oppose New fire station and staff to maintain citywide service levels relative to growth Strongly support Somewhat support Somewhat oppose Strongly oppose Currently, the City of Bozeman receives no local sales tax revenue. How much would you support or oppose a local option sales tax that would go to the City to support property tax relief? Strongly support Somewhat oppose Strongly oppose Please select the option that best describes how you think the City should address each of the following aspects of the community. Economy More effort Same effort Less effort No opinion Environment More effort Same effort Less effort Neighborhoods More effort Same effort Less effort Safety More effort Same effort Less effort No opinion Parks & recreation More effort Same effort Less effort 11% 32% 37% 32% 32% 11% 17% 17% 56% 21% 16% 37% 26% 50% 11% 39% 5% 21% 42% 32% 6% 39% 56% 5% 42% 53% 11% 6% 67% 17% 47% 37% 116 290 Please select the option that best describes how you think the City should address each of the following aspects of the community. Parks & recreation Same effort Less effort No opinion Transportation More effort Same effort Less effort No opinion General government More effort Same effort No opinion Housing More effort Same effort Less effort Other More effort Same effort Less effort No opinion In general, how many times do you:Access the internet from your home using a computer, laptop, or tablet computer Several times a day Once a day Every few weeks Less often or never Access the internet from your cell phone Several times a day Visit social media sites such as Facebook, Twitter, Nextdoor, etc. Several times a day Once a day Less often or never Use or check email Several times a day Once a day A few times a week Share your opinions online Several times a day Once a day A few times a week Every few weeks Less often or never Several times a day 5% 11% 6% 17% 44% 33% 6% 67% 28% 11% 11% 79% 46% 8% 8% 38% 5% 11% 5% 79% 100% 5% 16% 79% 11% 5% 84% 37% 21% 16% 5% 21% 117 291 In general, how many times do you: Share your opinions online Less often or never Shop online Several times a day Once a day A few times a week Every few weeks Less often or never Please rate your overall health.Excellent Very good Good Fair What impact, if any, do you think the economy will have on your family income in the next 6 months? Do you think the impact will be: Neutral Somewhat negative Very negative How many years have you lived in Bozeman?Less than 2 years 2-5 years 6-10 years 11-20 years More than 20 years Which best describes the building you live in?One family house detached from any other houses Building with two or more homes (duplex, townhome, apa.. Do you rent or own your home?Rent Own About how much is your monthly housing cost for the place you live (including rent, mortgage payment, property tax, property insurance, and homeowners' association (HOA) fees)? Less than $500 $500 to $999 $1,000 to $1,499 $1,500 to $1,999 $2,000 to $2,499 $2,500 to $2,999 $3,000 to $3,499 Do any children 17 or under live in your household?No Yes Are you or any other members of your household aged 65 or older? No Yes $25,000 to $49,999 6% 39% 33% 6% 17% 11% 16% 37% 37% 16% 68% 16% 26% 21% 32% 11% 11% 42% 58% 63% 37% 5% 16% 37% 21% 11% 5% 5% 37% 63% 16% 84% 118 292 Are you or any other members of your household aged 65 or older?Yes How much do you anticipate your household's total income before taxes will be for the current year? (Please include in your total income money from all sources for all persons living in your household.) $25,000 to $49,999 $50,000 to $74,999 $75,000 to $99,999 $100,000 to $149,999 $150,000 or more Are you Spanish, Hispanic, or Latino?No, not Spanish, Hispanic, or Latino Yes, I consider myself to be Spanish, Hispanic, or Latino What is your race? (Mark one or more races to indicate what race you consider yourself to be.) American Indian or Alaskan Native White Other In which category is your age?18-24 years 25-34 years 35-44 years 45-54 years 55-64 years 65-74 years What is your sex?Female Male Identify in another way What is your sexual orientation?Bisexual Heterosexual Pansexual Queer How did you hear about this survey? (Select all that apply.) The City's social media (Facebook, Twitter, Instagram,.. In my Facebook feed Heard about it from a family member, friend or neighborhood Polco's weekly email Other 24% 29% 18% 18% 12% 6% 94% 16% 79% 5% 11% 5% 11% 32% 37% 5% 6% 39% 56% 6% 6% 78% 11% 5% 5% 11% 5% 79% 119 293 Please complete this survey if you are the adult (age 18 or older) in the household who most recently had a birthday (the year of birth does not matter). Your responses are confidential and no identifying information will be shared. 1. Please rate each of the following aspects of quality of life in Bozeman. Excellent Good Fair Poor Don’t know Bozeman as a place to live ................................................................................................... 1 2 3 4 5 Your neighborhood as a place to live .............................................................................. 1 2 3 4 5 Bozeman as a place to raise children .............................................................................. 1 2 3 4 5 Bozeman as a place to work ................................................................................................ 1 2 3 4 5 Bozeman as a place to visit .................................................................................................. 1 2 3 4 5 Bozeman as a place to retire ............................................................................................... 1 2 3 4 5 The overall quality of life in Bozeman ............................................................................ 1 2 3 4 5 Sense of community ................................................................................................................ 1 2 3 4 5 2. Please rate each of the following characteristics as they relate to Bozeman as a whole. Excellent Good Fair Poor Don’t know Overall economic health of Bozeman .............................................................................. 1 2 3 4 5 Overall quality of the transportation system (auto, bicycle, foot, bus) in Bozeman ............................................................................................................................. 1 2 3 4 5 Overall design or layout of Bozeman’s residential and commercial areas (e.g., homes, buildings, streets, parks, etc.) ................................................. 1 2 3 4 5 Overall quality of the utility infrastructure in Bozeman (water, sewer, storm water, electric, gas) ................................................................ 1 2 3 4 5 Overall feeling of safety in Bozeman ............................................................................... 1 2 3 4 5 Overall quality of natural environment in Bozeman ................................................ 1 2 3 4 5 Overall quality of parks and recreation opportunities ............................................ 1 2 3 4 5 Overall health and wellness opportunities in Bozeman ......................................... 1 2 3 4 5 Overall opportunities for education, culture, and the arts..................................... 1 2 3 4 5 Residents’ connection and engagement with their community .......................... 1 2 3 4 5 3. Please indicate how likely or unlikely you are to do each of the following. Very Somewhat Somewhat Very Don’t likely likely unlikely unlikely know Recommend living in Bozeman to someone who asks ......................1 2 3 4 5 Remain in Bozeman for the next five years ............................................1 2 3 4 5 4. Please rate how safe or unsafe you feel: Very Somewhat Neither safe Somewhat Very Don’t safe safe nor unsafe unsafe unsafe know In your neighborhood during the day ...................................... 1 2 3 4 5 6 In Bozeman’s downtown/commercial area during the day ............................................................................... 1 2 3 4 5 6 From property crime ....................................................................... 1 2 3 4 5 6 From violent crime ........................................................................... 1 2 3 4 5 6 From fire, flood, or other natural disaster ............................. 1 2 3 4 5 6 5. Please rate the job you feel the Bozeman community does at each of the following. Excellent Good Fair Poor Don’t know Making all residents feel welcome ................................................................................... 1 2 3 4 5 Attracting people from diverse backgrounds .............................................................. 1 2 3 4 5 Valuing/respecting residents from diverse backgrounds ...................................... 1 2 3 4 5 Taking care of vulnerable residents (elderly, disabled, homeless, etc.) ........... 1 2 3 4 5 6. Please rate each of the following in the Bozeman community. Excellent Good Fair Poor Don’t know Overall quality of business and service establishments in Bozeman ................ 1 2 3 4 5 Variety of business and service establishments in Bozeman ............................... 1 2 3 4 5 Vibrancy of downtown/commercial area ..................................................................... 1 2 3 4 5 Employment opportunities ................................................................................................. 1 2 3 4 5 Shopping opportunities ........................................................................................................ 1 2 3 4 5 Cost of living in Bozeman ..................................................................................................... 1 2 3 4 5 Overall image or reputation of Bozeman ....................................................................... 1 2 3 4 5 120 294 7. Please also rate each of the following in the Bozeman community. Excellent Good Fair Poor Don’t know Traffic flow on major streets ............................................................................................... 1 2 3 4 5 Ease of public parking ............................................................................................................ 1 2 3 4 5 Ease of travel by car in Bozeman ...................................................................................... 1 2 3 4 5 Ease of travel by public transportation in Bozeman ................................................ 1 2 3 4 5 Ease of travel by bicycle in Bozeman .............................................................................. 1 2 3 4 5 Ease of walking in Bozeman ................................................................................................ 1 2 3 4 5 Well-planned residential growth ...................................................................................... 1 2 3 4 5 Well-planned commercial growth .................................................................................... 1 2 3 4 5 Well-designed neighborhoods ........................................................................................... 1 2 3 4 5 Preservation of the historical or cultural character of the community ............ 1 2 3 4 5 Public places where people want to spend time ........................................................ 1 2 3 4 5 Variety of housing options ................................................................................................... 1 2 3 4 5 Availability of affordable quality housing ..................................................................... 1 2 3 4 5 Overall quality of new development in Bozeman ...................................................... 1 2 3 4 5 Overall appearance of Bozeman ........................................................................................ 1 2 3 4 5 Cleanliness of Bozeman ......................................................................................................... 1 2 3 4 5 Water resources (beaches, lakes, ponds, riverways, etc.) ..................................... 1 2 3 4 5 Air quality .................................................................................................................................... 1 2 3 4 5 Availability of paths and walking trails .......................................................................... 1 2 3 4 5 Fitness opportunities (including exercise classes and paths or trails, etc.) ... 1 2 3 4 5 Recreational opportunities .................................................................................................. 1 2 3 4 5 Availability of affordable quality food ............................................................................ 1 2 3 4 5 Availability of affordable quality health care ............................................................... 1 2 3 4 5 Availability of preventive health services ..................................................................... 1 2 3 4 5 Availability of affordable quality mental health care ............................................... 1 2 3 4 5 Opportunities to attend cultural/arts/music activities .......................................... 1 2 3 4 5 Community support for the arts ........................................................................................ 1 2 3 4 5 Availability of affordable quality childcare/preschool ............................................ 1 2 3 4 5 K-12 education .......................................................................................................................... 1 2 3 4 5 Adult educational opportunities ....................................................................................... 1 2 3 4 5 Sense of civic/community pride ........................................................................................ 1 2 3 4 5 Neighborliness of residents in Bozeman ....................................................................... 1 2 3 4 5 Opportunities to participate in social events and activities .................................. 1 2 3 4 5 Opportunities to attend special events and festivals ............................................... 1 2 3 4 5 Opportunities to volunteer .................................................................................................. 1 2 3 4 5 Opportunities to participate in community matters ................................................ 1 2 3 4 5 Openness and acceptance of the community toward people of diverse backgrounds ..................................................................................................... 1 2 3 4 5 8. Please indicate whether or not you have done each of the following in the last 12 months. No Yes Contacted the City of Bozeman (in-person, phone, email, or web) for help or information ............................ 1 2 Contacted Bozeman elected officials (in-person, phone, email, or web) to express your opinion ................ 1 2 Attended a local public meeting (of local elected officials like City Council or County Commissioners, advisory boards, town halls, HOA, neighborhood watch, etc.) ............................................ 1 2 Watched (online or on television) a local public meeting ............................................................................................... 1 2 Volunteered your time to some group/activity in Bozeman ......................................................................................... 1 2 Campaigned or advocated for a local issue, cause, or candidate .................................................................................. 1 2 Voted in your most recent local election ................................................................................................................................ 1 2 Used bus, rail, subway, or other public transportation instead of driving ............................................................... 1 2 Carpooled with other adults or children instead of driving alone .............................................................................. 1 2 Walked or biked instead of driving ........................................................................................................................................... 1 2 121 295 9. Please rate the quality of each of the following services in Bozeman. Excellent Good Fair Poor Don’t know Public information services ............................................................................................. 1 2 3 4 5 Economic development ..................................................................................................... 1 2 3 4 5 Traffic enforcement ............................................................................................................ 1 2 3 4 5 Traffic signal timing ............................................................................................................ 1 2 3 4 5 Street repair ........................................................................................................................... 1 2 3 4 5 Street cleaning ....................................................................................................................... 1 2 3 4 5 Street lighting ........................................................................................................................ 1 2 3 4 5 Snow removal ........................................................................................................................ 1 2 3 4 5 Sidewalk maintenance ....................................................................................................... 1 2 3 4 5 Bus or transit services ....................................................................................................... 1 2 3 4 5 Land use, planning, and zoning ...................................................................................... 1 2 3 4 5 Code enforcement (weeds, abandoned buildings, etc.) ...................................... 1 2 3 4 5 Affordable high-speed internet access ....................................................................... 1 2 3 4 5 Garbage collection ............................................................................................................... 1 2 3 4 5 Drinking water ...................................................................................................................... 1 2 3 4 5 Sewer services ....................................................................................................................... 1 2 3 4 5 Storm water management (storm drainage, dams, levees, etc.) .................... 1 2 3 4 5 Power (electric and/or gas) utility ............................................................................... 1 2 3 4 5 Utility billing .......................................................................................................................... 1 2 3 4 5 Police/Sheriff services ....................................................................................................... 1 2 3 4 5 Crime prevention ................................................................................................................. 1 2 3 4 5 Animal control ....................................................................................................................... 1 2 3 4 5 Ambulance or emergency medical services ............................................................. 1 2 3 4 5 Fire services ........................................................................................................................... 1 2 3 4 5 Fire prevention and education ....................................................................................... 1 2 3 4 5 Emergency preparedness (services that prepare the community for natural disasters or other emergency situations) ..................................... 1 2 3 4 5 Preservation of natural areas (open space, farmlands, and greenbelts) ..... 1 2 3 4 5 Bozeman open space .......................................................................................................... 1 2 3 4 5 Recycling .................................................................................................................................. 1 2 3 4 5 Yard waste pick-up.............................................................................................................. 1 2 3 4 5 City parks................................................................................................................................. 1 2 3 4 5 Recreation programs or classes .................................................................................... 1 2 3 4 5 Recreation centers or facilities ...................................................................................... 1 2 3 4 5 Health services ...................................................................................................................... 1 2 3 4 5 Public library services ....................................................................................................... 1 2 3 4 5 Overall customer service by Bozeman employees (police, receptionists, planners, etc.) ..................................................................... 1 2 3 4 5 10. Please rate the following categories of Bozeman government performance. Excellent Good Fair Poor Don’t know The value of services for the taxes paid to Bozeman ............................................ 1 2 3 4 5 The overall direction that Bozeman is taking .......................................................... 1 2 3 4 5 The job Bozeman government does at welcoming resident involvement ....................................................................................................................... 1 2 3 4 5 Overall confidence in Bozeman government ........................................................... 1 2 3 4 5 Generally acting in the best interest of the community ...................................... 1 2 3 4 5 Being honest ........................................................................................................................... 1 2 3 4 5 Being open and transparent to the public ................................................................. 1 2 3 4 5 Informing residents about issues facing the community ................................... 1 2 3 4 5 Treating all residents fairly ............................................................................................. 1 2 3 4 5 Treating residents with respect .................................................................................... 1 2 3 4 5 122 296 11. Overall, how would you rate the quality of the services provided by each of the following? Excellent Good Fair Poor Don’t know The City of Bozeman ........................................................................................................... 1 2 3 4 5 The Federal Government .................................................................................................. 1 2 3 4 5 12. Please rate how important, if at all, you think it is for the Bozeman community to focus on each of the following in the coming two years. Very Somewhat Not at all Essential important important important Overall economic health of Bozeman .................................................................................1 2 3 4 Overall quality of the transportation system (auto, bicycle, foot, bus) in Bozeman ................................................................................................................................1 2 3 4 Overall design or layout of Bozeman’s residential and commercial areas (e.g., homes, buildings, streets, parks, etc.) .....................................................1 2 3 4 Overall quality of the utility infrastructure in Bozeman (water, sewer, storm water, electric, gas) ....................................................................1 2 3 4 Overall feeling of safety in Bozeman ..................................................................................1 2 3 4 Overall quality of natural environment in Bozeman ...................................................1 2 3 4 Overall quality of parks and recreation opportunities ...............................................1 2 3 4 Overall health and wellness opportunities in Bozeman ............................................1 2 3 4 Overall opportunities for education, culture, and the arts........................................1 2 3 4 Residents’ connection and engagement with their community .............................1 2 3 4 13. How likely would you be, if at all, to opt to increase your utility fees to receive electricity from renewable sources (wind, solar, etc.)?  Very likely  Somewhat likely  Not at all likely  Dont know 14. How much would you support or oppose an increase in property taxes to fund the following in Bozeman? Strongly Somewhat Somewhat Strongly Don’t support support oppose oppose know Combined aquatics/recreation facility and west side branch of the Bozeman Public Library .....................................1 2 3 4 5 New fire station and staff to maintain citywide service levels relative to growth ...........................................................................1 2 3 4 5 15. Currently, the City of Bozeman receives no local sales tax revenue. How much would you support or oppose a local option sales tax that would go to the City to support property tax relief?  Strongly support  Somewhat support  Somewhat oppose  Strongly oppose  Don’t know 16. Please select the option that best describes how you think the City should address each of the following aspects of the community. More Same Less No effort effort effort opinion Economy ........................................................................................................................................... 1 2 3 4 Environment ................................................................................................................................... 1 2 3 4 Neighborhoods............................................................................................................................... 1 2 3 4 Safety .................................................................................................................................................. 1 2 3 4 Parks & Recreation ....................................................................................................................... 1 2 3 4 Transportation ............................................................................................................................... 1 2 3 4 General Government ................................................................................................................... 1 2 3 4 Housing ............................................................................................................................................. 1 2 3 4 Other ................................................................................................................................................... 1 2 3 4 17. Of the areas above, which is the single most important for the City to increase efforts? If you chose ‘other,’ please explain. 123 297 Our last questions are about you and your household. Again, all of your responses to this survey are confidential and no identifying information will be shared. D1. In general, how many times do you: Several Once A few times Every Less often Don’t times a day a day a week few weeks or never know Access the internet from your home using a computer, laptop, or tablet computer ......................1 2 3 4 5 6 Access the internet from your cell phone .......................1 2 3 4 5 6 Visit social media sites such as Facebook, Twitter, Nextdoor, etc. .......................................................1 2 3 4 5 6 Use or check email ....................................................................1 2 3 4 5 6 Share your opinions online ...................................................1 2 3 4 5 6 Shop online ..................................................................................1 2 3 4 5 6 D2. Please rate your overall health.  Excellent  Very good  Good  Fair  Poor D3. What impact, if any, do you think the economy will have on your family income in the next 6 months? Do you think the impact will be:  Very positive  Somewhat positive  Neutral  Somewhat negative  Very negative D4. How many years have you lived in Bozeman?  Less than 2 years  2-5 years  6-10 years  11-20 years  More than 20 years D5. Which best describes the building you live in?  One family house detached from any other houses  Building with two or more homes (duplex, townhome, apartment, or condominium)  Mobile home  Other D6. Do you rent or own your home?  Rent  Own D7. About how much is your monthly housing cost for the place you live (including rent, mortgage payment, property tax, property insurance, and homeowners’ association (HOA) fees)?  Less than $500  $2,000 to $2,499  $500 to $999  $2,500 to $2,999  $1,000 to $1,499  $3,000 to $3,499  $1,500 to $1,999  $3,500 or more D8. Do any children 17 or under live in your household?  No  Yes D9. Are you or any other members of your household aged 65 or older?  No  Yes D10. How much do you anticipate your household’s total income before taxes will be for the current year? (Please include in your total income money from all sources for all persons living in your household.)  Less than $25,000  $75,000 to $99,999  $25,000 to $49,999  $100,000 to $149,999  $50,000 to $74,999  $150,000 or more D11. Are you Spanish, Hispanic or Latino?  No, not Spanish, Hispanic, or Latino  Yes, I consider myself to be Spanish, Hispanic, or Latino D12. What is your race? (Mark one or more races to indicate what race you consider yourself to be.)  American Indian or Alaskan Native  Asian, Asian Indian, or Pacific Islander  Black or African American  White  Other D13. In which category is your age?  18-24 years  55-64 years  25-34 years  65-74 years  35-44 years  75 years or older  45-54 years D14. What is your sex?  Female  Male  Identify in another way D15. What is your sexual orientation?  Asexual  Heterosexual  Queer  Bisexual  Lesbian  Questioning  Gay  Pansexual  Other Thank you! Please return the completed survey in the postage-paid envelope to: National Research Center, Inc., PO Box 549, Belle Mead, NJ 08502 124 298 Memorandum REPORT TO:City Commission FROM:Tom Rogers, Senior Planner Anna Bentley, Interim Community Development Director SUBJECT:The South 8th Zone Map Amendment Requesting Amendment of the City Zoning Map to Change the Zoning on 0.18 Acre Parcel from R-4 (High Density Residential District) to R-5 (Residential Mixed-Use High Density District) MEETING DATE:September 27, 2022 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 22077 and move to recommend approval of the South 8th 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 owner, Jeremy Seglem, and applicant, Aspekt Architecture, submitted an application to rezone an existing parcel totaling 0.18 acres from R-4 to R- 5. The property currently hosts a detached residential structure and associated detached accessory buildings with alley access. Although no future development plans were submitted or required with the application, based on the applicant narrative it appears future development will be residential with the possibility of a small component of commercial. The property is within the Neighborhood Conservation Overlay District (NCOD) but is not within a designated historic district. The primary differences between the R-4 and R-5 districts are in permitted uses and dimensional standards. R-5 allows limited restaurant and retail uses and requires less land area per residential unit, allows 10 more feet of height or five stories, smaller setbacks, and less parking. UNRESOLVED ISSUES:There are no unresolved issues with this application. ALTERNATIVES:1. Approve the application with contingencies as presented; 2. Deny the application based on findings of non-compliance with the applicable criteria contained within the staff report; or 299 3. Open and continue the public hearing, with specific direction to staff or the applicant to supply additional information or to address specific items. FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this zone map amendment. Attachments: 22077 South 8th ZMA CC SR.pdf Report compiled on: September 12, 2022 300 Page 1 of 26 22077, Staff Report for the South 8th Zone Map Amendment Public Hearing Date(s): Community Development Board acting in their capacity as the Zoning Commission will hold a public hearing on August 1, 2022 at 6:00 pm; continued to September 12, 2022. City Commission public hearing will be held on April 5, 2022 at 6:00 pm; continued to September 27, 2022. Project Description: The South 8th zone map amendment requesting amendment of the City Zoning Map to change the zoning on 0.18 acre parcel from R-4 (High Density Residential District) to R-5 (Residential Mixed-Use High Density District). Project Location: The property is addressed at 116 S. 8th Avenue and legally described as Lots 12 and 13, Block 3, Park Addition to Bozeman located in the Northwest One-quarter (NW ¼) of the Southeast One-Quarter (SE ¼), of Section 12, Township Two South (T2S), Range Five East (R5E), P.M.M., City of Bozeman, Gallatin County, Montana. Recommendation: Meet standards for approval Recommended Community Development Board 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 22077 and move to recommend approval of the South 8th Zone Map Amendment, with contingencies required to complete the application processing. Recommended City Commission Zoning Motion: Having reviewed and considered the staff report, application materials, public comment, recommendation of the Community Development Board, and all information presented, I hereby adopt the findings presented in the staff report for application 22077 and move to approve the South 8th Zone Map subject to contingencies required to complete the application processing. Report Date: September 12, 2022 Staff Contact: Tom Rogers, Senior Planner Lance Lehigh, City Engineer Agenda Item Type: Action – Legislative EXECUTIVE SUMMARY Unresolved Issues None identified at this time. 301 22077 Staff Report for the South 8th Zone Map Amendment Page 2 of 26 Project Summary The owner, Jeremy Seglem, and applicant, Aspekt Architecture, submitted an application to rezone an existing parcel totaling 0.18 acres from R-4 to R-5. The property currently hosts a detached residential structure and associated detached accessory buildings with alley access. Although no future development plans were submitted or required with the application, based on the applicant narrative it appears future development will be residential with the possibility of a small commercial component. The property is within the Neighborhood Conservation Overlay District (NCOD) but is not within a designated historic district. The primary differences between the R-4 and R-5 districts are in permitted uses and dimensional standards. R-5 allows limited restaurant and retail uses and requires less land area per residential unit, allows 10 more feet of height or five stories, smaller setbacks, and less parking. Application materials can be viewed on the City’s development map at the following link. https://weblink.bozeman.net/WebLink/Browse.aspx?startid=260400&cr=1 Community Development Board (Zoning Commission) Summary The Community Development Board acting in their capacity as the Zoning Commission held a public hearing on September 12, 2022. The Board considered the application and public comment and moved to recommend approval of the requested R-5 zoning with a vote 4:1. All recorded public meeting videos can be viewed at the following link: https://bozeman.granicus.com/player/clip/540?view_id=1&redirect=true&h=72dcebd30225d eda25920f49d51a7dc8 The agenda item begins at time stamp 8:12. Two public comment were heard at the Community Development Board hearing. Both comments were in opposition of the request siting concerns about traffic, fire safety, congestion, and public health. Alternatives 1. Approve the application with contingencies as presented; 2. Deny the application based on findings of non-compliance with the applicable criteria contained within the staff report; or 3. Open and continue the public hearing, with specific direction to staff or the applicant to supply additional information or to address specific items. 302 22077 Staff Report for the South 8th Zone Map Amendment Page 3 of 26 TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 1 Unresolved Issues ............................................................................................................... 1 Project Summary ................................................................................................................. 2 Community Development Board (Zoning Commission) Summary ................................... 2 Alternatives ......................................................................................................................... 2 SECTION 1 - MAP SERIES .................................................................................................... 4 SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT..... 7 SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 8 SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ............. 8 Section 76-2-304, MCA (Zoning) Criteria ......................................................................... 9 PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 23 APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 24 APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 24 APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 24 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 26 FISCAL EFFECTS ................................................................................................................. 26 ATTACHMENTS ................................................................................................................... 26 303 22077 Staff Report for the South 8th Zone Map Amendment Page 4 of 26 SECTION 1 - MAP SERIES Figure 1: Vicinity Map 304 22077 Staff Report for the South 8th Zone Map Amendment Page 5 of 26 Figure 2: Current Zoning Map B-2M Zoning R-4 Zone R-4 Zone R-2 Zone 305 22077 Staff Report for the South 8th Zone Map Amendment Page 6 of 26 Figure 3: Future Land Use Designations Urban Neighborhood Designation Community Commercial Mixed Designation 306 22077 Staff Report for the South 8th Zone Map Amendment Page 7 of 26 Figure 4: Historic District Illustration SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT Please note that these contingencies are necessary for the City to complete the process of the proposed amendment. Recommended Contingencies of Approval: 1. That all documents and exhibits necessary to establish the amended municipal zoning designation of R-5 shall be identified as the “South 8th Zone Map Amendment”. 2. The applicant must submit a zone amendment map, titled “South 8th 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. 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. 307 22077 Staff Report for the South 8th Zone Map Amendment Page 8 of 26 SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS Having considered the criteria established for a zone map amendment, the Staff recommends approval as submitted. The Development Review Committee (DRC) considered the amendment on May 27, 2022. The DRC did not identify any infrastructure or regulatory constraints that would impede the approval of the application. The Community Development Board acting in their capacity as the Zoning Commission will hold a public hearing on this zone map amendment on September 12, 2022. The meeting will begin at 6 p.m. in the Commission Room at City Hall, 121 N. Rouse Ave, Bozeman, Montana, 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. The City Commission will hold a public meeting on the zone map amendment on September 27, 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 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. SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications for plan approval under this title, the advisory boards and City Commission must consider the following criteria (letters A-K). As an amendment is a legislative action, the Commission has broad latitude to determine a policy direction. The burden of proof that the application should be approved lies with the applicant. A zone map amendment must be in accordance with the growth policy (criteria A) and be designed to secure safety from fire and other dangers (criteria B); promote public health, public safety, and general welfare (criteria C); and facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a zone map amendment the Commission must find Criteria A-D are met. In addition, the Commission must also consider criteria E-K, and may find the zone map amendment to be positive, neutral, or negative with regards to these criteria. To approve the zone map amendment, the Commission must find the positive outcomes of the amendment outweigh negative outcomes for criteria E-K. In determining whether the criteria are met, Staff considers the entire body of regulations for land development. Standards which prevent or mitigate negative impacts are incorporated throughout the entire municipal code but are principally in Chapter 38, Unified Development Code. 308 22077 Staff Report for the South 8th Zone Map Amendment Page 9 of 26 Section 76-2-304, MCA (Zoning) Criteria A. Be in accordance with a growth policy. Criterion met. The BCP 2020, Chapter 5, p. 73, in the section titled Review Criteria for Zoning Amendments and Their Application, discusses how the various criteria in 76-2-304 MCA are applied locally. Application of the criteria varies depending on whether an amendment is for the zoning map or for the text of Chapter 38, BMC. The first criterion for a zoning amendment is accordance with a growth policy. Future Land Use Map The proposed amendment is a change to the zoning map. Therefore, it is necessary to analyze compliance with the future land use map. Chapter 3 of the BCP 2020 addresses the future land use map. The introduction to that chapter discusses the importance of the chapter. Following are some excerpts. “Future land use is the community’s fundamental building block. It is an illustration of the City’s desired outcome to accommodate the complex and diverse needs of its residents.” “The land use map sets generalized expectations for what goes where in the community. Each category has its own descriptions. Understanding the future land use map is not possible without understanding the category descriptions.” The area of this application is within the urban area in the City’s adopted land use plan. As shown on the maps in Section 1, the property is designated as Urban Neighborhood. The subject property is surrounded by other Urban Neighborhood designated properties. 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.” 309 22077 Staff Report for the South 8th Zone Map Amendment Page 10 of 26 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 excerpt from Table 4, the R-5 district is an implementing district of the Urban Neighborhood category. The Applicant narrative makes a strong case in support of the requested zone change. Staff generally concurs with these findings. The Argument chapter covers many of the review criteria detailing the Location & Transportation, Residential Focused Mixed-Use, and Form & Intensity Considerations. In addition, the applicant provided specific comment on the State required review criteria. However, the application fails to address Theme 2: A City of Unique Neighborhoods. 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 310 22077 Staff Report for the South 8th Zone Map Amendment Page 11 of 26 policy approach does not specify any individual district but does lean towards the more intensive portion of the zoning district spectrum. The Community Plan includes several goals and objectives that are broadly served through this application, including: The R-5 zoning district is promotive of the City’s desire for higher density, urban-scale development with a diverse mixture of possible uses. The R-5 district can help to absorb a portion of the growth that is projected for the City and allows limited commercial activity to support that residential activity. Supported goals include the following: “Goal N-3: Promote a diverse supply of quality housing units.” The R-5 district allows construction of the full range of residential buildings in the City. This supports the opportunity for diversity of supply. Quality of housing cannot be assessed at this time but will be reviewed with subsequent development review for compliance with adopted standards. The City’s Community Housing Needs Assessment documented a shortage of housing within the City and encourages additional housing construction. “Goal DCD-1: Support urban development within the City.” The proposed zoning is the City’s most intense residential zoning district. Minimum densities are higher and parking requirements are less. Any future development will be required to occur at urban densities and will be within the City. “DCD-2.2 Support higher density development along main corridors and at high visibility street corners to accommodate population growth and support businesses.” Not all goals and policy of The Community Plan are furthered by this application. One example is Goal N-4: Continue to encourage Bozeman’s sense of place and N-4.1 Continue to recognize and honor the unique history, neighborhoods, neighborhood character, and buildings that contribute to Bozeman’s sense of place through programs and policy led by both City and community efforts. Staff finds the application does not fully support Goal N-1: Support well-planned, walkable neighborhoods and specifically, objective N-1.1 Promote housing diversity, including missing middle housing. The R-5 district is designed to support apartment through higher minimum densities although it does allow for a wide range of housing types. Townhomes and rowhouse are allowed although our development industry has not focused attention on this type of missing middle housing. This theme is co-listed with Goal N-3: Promote a diverse supply of quality housing units and objective N-3.8 that is intended to promote the development of "Missing Middle" housing (side by side or stacked duplex, triplex, live-work, cottage housing, group living, rowhouses/ townhouses, etc.) as one of the most critical components of affordable housing. 311 22077 Staff Report for the South 8th Zone Map Amendment Page 12 of 26 The subject property and adjacent R-4 zoned properties do not maximize permitted intensity. However, there is a clear delineation line separating this parcel and others from the commercial district to the north, see image below. As noted above, nearly all residential structures are two- story or less and have a mass and scale representative of single-household homes. The question of character highlights a central theme. Would R-4 or R-5 zoning promote the unique character of the district more appropriately? The R-5 zone encourages larger development and more density through decreased lot coverage, less parking, more height, allows commercial uses, and an increase in minimum density. If fully developed, the R-4 zone allows considerable more mass and bulk than currently constructed. As noted in the application submittal it is the property owner’s intent to redevelop the site. The Bozeman Community Plan 2020, Chapter 5, page 72, includes a discussion of what justifications support a change in zoning. This application addresses two of those justifications. First, a change in correlation between zoning and growth policy, and second, the owner requests the change and can meet required standards. This report determines the required standards can be met. No material conflicts with the growth policy have been identified. 312 22077 Staff Report for the South 8th Zone Map Amendment Page 13 of 26 Considering this analysis as a whole, staff finds this criterion is met and the application is in accordance with the growth policy. B. Secure safety from fire and other dangers. Criterion met. The subject property is currently served by City of Bozeman Fire and Police Departments. The property is vacant, except for a partially constructed stormwater facility on the northwest corner of the property. Future development of the property will be required to conform to all City of Bozeman public safety, building and land use requirements, which will ensure this criterion is met. The change from R-4 to R-5 is not likely to adversely impact safety from fire and other dangers. C. Promote public health, public safety, and general welfare. Criterion met. City development standards included in Chapter 38, Unified Development Code, building codes, and engineering standards all ensure that this criterion is met. Adequate water and sewer supply and conveyance provide for public health through clean water. Rapid and effective emergency response provides for public safety. The City’s standards ensure that adequate services are provided prior to building construction which advances this criterion. General welfare has been evaluated during the adoption of Chapter 38 and found to be advanced by the adopted standards. 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 4, 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. The BCP 2020, page 74, says the following regarding evaluation of Section 4, Criteria B, C, & D for zoning amendments: “For a map amendment, all three of the above elements are addressed primarily by the City’s long range facility Plans, the City’s capital improvements program, and development standards adopted by the City. The standards set minimum sizing and flow requirements, require dedication of parks, provision of right of way for people and vehicles, keep development out of floodplains, and other items to address public safety, etc. It is often difficult to assess these issues in detail on a specific site. For example, at the time of annexation, the final intensity of development is unknown and it may be many years before development occurs and the impacts are experienced. The availability of other planning and development review tools must be considered when deciding the degree of assurance needed to apply an initial zoning at annexation.” The City conducts extensive planning for municipal transportation, water, sewer, parks, sustainability, and other facilities and services provided by the City. The adopted plans allow 313 22077 Staff Report for the South 8th Zone Map Amendment Page 14 of 26 the City to consider existing conditions; and identify enhancements needed to provide service to new development. See page 19 of the BCP 2020 for a listing. The City implements these plans through its capital improvements program (CIP). The CIP identifies individual projects, project construction scheduling, and financing of construction for infrastructure. Private development must demonstrate compliance with standards prior to construction. Dedication of school facilities is not required by municipal zoning standards. However, School District 7 will have opportunity to review and comment on future development. The subject properties are within the City’s land use, transportation, parks, and utility planning areas. Those plans show this property as developing within the City when development is proposed. 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. 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.” 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 R-5 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. 314 22077 Staff Report for the South 8th Zone Map Amendment Page 15 of 26 F. The effect on motorized and non-motorized transportation systems. Criterion met. The requested change in zoning from R-4 to R-5 will not itself impact the motorized and non-motorized transportation system. The transportation is complete that serves the property. Future land uses and intensity of development are not entirely known. R-5 zoning allows some commercial activity, but due to the size and configuration of the lot significant additional traffic would not be anticipated. The property is located on South 8th which is a designated Collector Street according to the Bozeman Transportation Master Plan, 2017. Although not directly adjacent, West Babcock is a designated Minor Arterial Street at this location. Future development and redevelopment of the property will be required to comply with transportation-related standards and reviewed for impacts on the surrounding streets, intersections, and sidewalks, and improvements to the transportation network to serve the site, which will improve the overall transportation system. These improvements include provisions for non-motorized transportation systems. The change in zoning district will have minimal effect on required road improvements, pedestrian or bicycle facilities, or similar compliance with standards. The site has a Walk Score of 86, a Transit Score of 28, and Bike Score of 75. Average walk score for the city as a whole is 49 (up from 48) out of 100. According to Walk Score® the walk score measures the walkability of any address based on the distance to nearby places and pedestrian friendliness. 90 – 100 Walker’s Paradise. Daily errands do not require a car. 70 – 89 Very Walkable. Most errands can be accomplished on foot. 50 – 69 Somewhat walkable. Some errands can be accomplished on foot. 25 – 49 Car-Dependent. Most errands require a car. 0 – 24 Car-Dependent. Almost all errands require a car. These values are provided by Walk Score, a private organization which presents information on real estate and transportation through walkscore.com. The algorithm which produces these numbers is proprietary. A score is not an indication of safety or continuity of services or routes. Scores are influenced by proximity of housing, transit, and services and expected ability, as determined by the algorithm, to meet basic needs without using a car. Sites located on the edge of the community have lower scores than those in the center of the community as the area is still under development and therefore diversity of uses is less than in fully established areas. There are no adopted development standards relating to the walk score. 315 22077 Staff Report for the South 8th Zone Map Amendment Page 16 of 26 G. Promotion of compatible urban growth. Criterion not 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). Individuals may have widely varying opinions about what constitutes compatibility. Compatible development and Compatible land use are defined in Article 38.700.040 BMC to establish a common reference for consideration of this criterion and application of development standards. They are defined as: “Compatible development. The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and objectives of the city’s adopted growth policy. Elements of compatible development include, but are not limited to, variety of architectural design; rhythm of architectural elements; scale; intensity; materials; building siting; lot and building size; hours of operation; and integration with existing community systems including water and sewer services, natural elements in the area, motorized and non-motorized transportation, and open spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design, density or use. Compatible land use. A land use which may by virtue of the characteristics of its discernible outward effects exist in harmony with an adjoining land use of differing character. Effects often measured to determine compatibility include, but are not limited to, noise, odor, light and the presence of physical hazards such as combustible or explosive materials.” Based on this definition the proposed map amendment is not congruent with compatible development. An argument can be made the existing R-4 zoning is not in harmony with the neighborhood and the NCOD due to scale of development allowed by the base zoning. The R- 5 inherent intensity erodes the character of the existing neighborhood and street scape with its lot coverage, building height, and use. There is a clear delineation across the street by an alley separating light commercial uses in similarly styled structures. The Neighborhood Conservation Overlay District is an area that was created by the City of Bozeman to recognize the historic core of the Bozeman community. It encompasses Bozeman’s nine National Register of Historic Places historic districts, as well as the many individual National Register listings. Please see Chapter 5 for a detailed description of each historic district. 316 22077 Staff Report for the South 8th Zone Map Amendment Page 17 of 26 All proposed alterations (including demolition) to structures and sites within the area are subject to design review by the City of Bozeman Department of Planning and are subject to standards set forth in the City of Bozeman Unified Development Ordinance (UDO), in addition to these particular design guidelines. As stated in the UDC section 38.340.010.C, “the intent and purpose of the conservation district designation is to stimulate the restoration and rehabilitation of structures, and all other elements contributing to the character and fabric of established residential neighborhoods and commercial or industrial areas.” Further, the ordinance states that while new construction is invited and encouraged, “primary emphasis is given to the preservation of existing buildings, provided the design of such new places enhances and contributes to the aesthetic character and function of the property and the surrounding neighborhood or area.” The concept behind the Neighborhood Conservation Overlay District concept is to protect Bozeman against alteration and demolition that might damage the unique fabric created by the hundreds of important buildings and sites that make up the historic core of Bozeman. However, preservation of character is difficult when relying on the guidelines for development in the NCOD. The standards that development is reviewed against are not regulatory. Sarah Rosenberg, Bozeman Historic Preservation Officer, offers the following comment on the application. “Although 116 S. 8th Avenue is not located in a historic district, it is still located within the Neighborhood Conservation Overlay District (NCOD). As outlined in the Bozeman Community Plan, Goal N-4 encourages that Bozeman’s sense of place is continued and neighborhood character is recognized and honored through programs and policies. Chapter 38.340, Overlay District Standards, emphasizes that the aesthetic character and function of the property and surrounding neighborhood maintains the historic settlement patterns. With zone changes within the NCOD, it is necessary to evaluate the surrounding character of the area including the size, scale, and setting of the property. It is not the intent of the NCOD to discourage new construction or other development but to ensure that any new space enhances and contributes to the neighborhood. This property is located in a neighborhood that reflects that of a more traditional residential settlement pattern. The alley to the north acts as a buffer to distinguish between the more intense commercial uses, the Cooper Park Historic District directly east of the property, and the residential neighborhood that continues along South 8th Avenue. The ZMA application narrative states that the reasoning for the zone change to R-5 is to allow a mixed use building commercial on the ground floor and to accommodate more residential units above it than the R-4 zone district allows. It is important for the character of the street at this boundary to maintain that residential use 317 22077 Staff Report for the South 8th Zone Map Amendment Page 18 of 26 along the ground floor such that is typical along South 8th. This R-4 zone district boundary helps transition to the lower residential R-2 zone district a block south and mainly makes up structures of one to four household dwellings. From my analysis, the following is suggested for the property: 1. Maintain the R-4 zone district status. 2. Preserve the existing structures as they emulate the character of an established neighborhood. Preserving existing buildings also helps satisfy the goals of the Climate Action Plan to reduce construction waste that goes into the landfill. 3. Conduct a historic inventory to determine its contributing status as the property does not have a form affiliated with it. This is also required per 38.340.120 if the end goal is to demolish the structure. 4. If preserving the structures is not feasible, provide a detailed neighborhood context study that could assist in bettering determine the form and scale of the proposal, how it relates to the adjacent Cooper Park Historic District and the South 8th Avenue corridor.” As noted in the definition of Compatible development, there are many elements that contributed to compatibility. The final sentence of the definition deserves emphasis: “Compatible development does not require uniformity or monotony of architectural or site design, density or use.” Compatible development can be different than what is already in place. The City has adopted a variety of standards to implement compatibility. Both the R-4 and proposed R-5 district are predominantly residential districts. The allowed uses for residential districts are set in 38.310.030. Review of Table 38.310.030.B – Permitted accessory and non-residential uses in residential zoning districts shows the R-5 district is more permissive for retail and restaurant activity although those differences are restricted in size and configuration to retain compatibility with the primarily residential uses in the zoning district. The form and intensity standards for residential districts are in 38.320.030. Comparing R-4 and R-5 reveals more differences than in permitted uses. The R-5 district allows more intensive development. The more intensive development elements allowed in the R-5 district are subject to additional development standards established in Article 38.5, Project Design, of the municipal code. These standards address both site and building design to enable differing uses and scales of development to be meet the definition of compatible in the municipal code and presented above. “Sec. 38.500.010. - Purpose. This article (38.5) implements the Bozeman's growth policy. Overall, this article: A. Provides clear objectives for those embarking on the planning and design of development projects in Bozeman; 318 22077 Staff Report for the South 8th Zone Map Amendment Page 19 of 26 B. Preserves and protects the public health, safety, and welfare of the citizens of Bozeman; C. Ensures that new commercial and multi-household development is of high quality and beneficially contributes to Bozeman's character; D. Ensures that new developments within existing neighborhoods are compatible with, and enhance the character of Bozeman's neighborhoods; E. Promotes an increase in walking and bicycling throughout the City; F. Enhances the livability of Bozeman's residential developments; F. Maintains and enhances property values within Bozeman.” The City Commission has adopted standards to control development impacts and support compatibility. The following excerpt from the BCP 2020, page 75 describes the City’s approach. “What combination of uses under what conditions can work well together? There is a wide range of possible answers for each community to consider. Some communities take a highly prescriptive worst-case view and try to restrain all possible points of perceived conflict. This tends to create a very homogenous community with little interest or scope for creativity. Bozeman takes a different approach. The worst case scenario is recognized as unlikely, but possible. Development standards deal with the majority of cases, while restraining extraordinary problems. The City creates standards under items 1 through 3; when one district is adjacent to another and is consistent with the growth policy, any physical conflicts will be minimal, if present at all. The City’s zoning policy encourages continued development of mixed uses. … The City uses the broad scope of its development standards to enable differing uses to be successful near each other. This shows on the zoning map where districts providing a wide diversity of uses are intermixed.” Staff concludes the proposed R-5 is not compatible urban growth as called for in the growth policy. See also discussion for Criteria A & H. H. Character of the district. Criterion not met. Section 76-2-302, MCA says “…legislative body may divide the municipality into districts of the number, shape, and area as are considered best suited to carry out the purposes [promoting health, safety, morals, or the general welfare of the community] of this part.” Emphasis added. This proposal amends the zoning map and not the text. Therefore, no element of this amendment modifies the standards of any zoning district. The character of the districts as created by those standards remains intact. As noted above, the City Commission has latitude in considering the geographical extents of a zoning district. It is not expected that zoning freeze the character of an area in perpetuity. 319 22077 Staff Report for the South 8th Zone Map Amendment Page 20 of 26 Rather, it provides a structured method to consider changes to the character. This is especially true when applying zoning to undeveloped areas as any new construction will alter the physical characteristics of the area. The City has defined compatible development as: “The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and objectives of the city's adopted growth policy. Elements of compatible development include, but are not limited to, variety of architectural design; rhythm of architectural elements; scale; intensity; materials; building siting; lot and building size; hours of operation; and integration with existing community systems including water and sewer services, natural elements in the area, motorized and non-motorized transportation, and open spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design, density or use.” The NCOD influences this application. As noted in criterion H and elaborated by the City’s Historic Preservation Officer, a distinct neighborhood character exists. Although this property and the adjacent properties are not inventoried as historic structures, they contribute to the character of the street which is made up of single and two-story homes with porches and front doors facing the street, gable roofs, and creates a protonate entrance to the Campus of Montana State University. Although the City has adopted many standards to identify and avoid or mitigate demonstrable negative impacts of development, they are limited in preserving the character of the neighborhood. Only one property is being considered for the zone change which is creating difficulty finding that erosion of the character of the area is not being impacted. However, if a larger area or number of properties were jointly request this zone change this analysis may indicate a different determination. Further analysis is provided under criterion G above. Based on the entirety of this discussion staff finds the application does not promote the character of the district. I. Peculiar suitability for particular uses. Criterion met. Future uses for construction on the site are not finalized at this time, so the suitability of the site for particular uses is not easily evaluated. However, considering the context of the site with the statements of intent in the applicant submittal further development will occur and will likely be residential. As shown in Figure 4, the property is bounded by B-2M zoning on the north, R-4 to the west and south, and R-2 to the east. The proposed R-5 district supports a greater variety uses that R-4. Final determination of suitability will occur during the site development process. The intent of the R-4 and R-5 districts are similar with the difference focused on the secondary purpose. While the R-4 district focuses on associated service functions, R-5 relies on 320 22077 Staff Report for the South 8th Zone Map Amendment Page 21 of 26 residentially supportive commercial uses, emphasis added. Both districts provide for high- density residential development through a variety of compatible housing types and residentially supportive commercial uses in a geographically compact, walkable area to serve the varying needs of the community's residents. Therefore, this criterion is met. J. Conserving the value of buildings. Neutral. The site has an existing two-household residential building with associated accessory structure. R-5 zoning allows for more diverse development on the subject parcel. There is no known data that suggests intensification adjacent to inholding properties diminished the value of adjacent property or buildings, however, a perception of decreased value is often referenced. Based on available evidence it appears that further intensification in increases the value of property and buildings adjacent to those properties that experience development or redevelopment. The values of some buildings may improve in the future as new and improved amenities are provided to the area as the site is developed according to the proposed R-5 district, while other buildings’ values are unlikely to be impacted largely due to a robust real estate market and lack of unmitigated offensive uses allowed by the proposed zoning district. K. Encourage the most appropriate use of land throughout the jurisdictional area. Criterion met. As stated above, the BCP 2020 illustrates the most appropriate use of the land through the future land use map. This application generally complies with the BCP 2020 by proposing zone map amendments of districts that continue to implement the future land use map designations. In this case, urban neighborhood development has been identified by the community as the most appropriate types of development for the property. The Unified Development Code contains standards, protections and review processes to ensure the land is developed in ways that are appropriate to a site’s context and according to the BCP 2020. Similarly, as stated by the applicant, “… the location is specifically appropriate to address the goals of mixed-use development & density as they pertain to walkability, multi-modal transportation, and proximity to commercial districts. Any future development must follow the review processes defined in the Bozeman Unified Development Code in order to prove compliance with standards and requirements as well as to evaluate the appropriateness of the proposed land use.” Bozeman Community Plan illustrates the most appropriate use of the land. In this case Urban Neighborhood development has been identified by the community as the most appropriate types of development for the property. The Unified Development Code contains standards, protections and review processes to ensure the land is developed in ways that protect and promote public health, safety, and general welfare.” 321 22077 Staff Report for the South 8th Zone Map Amendment Page 22 of 26 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. 1. Is the proposed use significantly different from the prevailing land uses in the area? No. This criterion includes the modifier ‘significantly.’ It is not prohibited to have uses that are different. To be a Yes, the reviewer must demonstrate a ‘significant difference.’ There are differences between R-4 and R-5 although not significant. There are incremental increases in intensity and use. Please refer to Appendix C below for a complete list of permitted and not permitted uses. As a result, the proposed R-5 zoning designation would not result in primary uses of the site which are significantly different from prevailing and planned land uses in the area. The R-5 zoning district has been determined to be an implementing district of the Urban Neighborhood future land use designation. 2. Is the area requested for the rezone rather small in terms of the number of separate landowners benefited from the proposed change? Yes. In order to determine whether or not this condition is present both this question and the following point must be evaluated together. While the proposed zoning change directly benefits one property owner and indirectly impacts or benefits adjacent properties and the greater community. Analysis suggests the application furthers a number of review criteria and does not promote others. This analysis indicates the presence of a narrow benefit for the proposed change. If a larger area and number of property owners proposed this change the analysis may indicate a different outcome. However, the R-5 zoning designation is an implementing district to the Urban Residential land use designation and may be utilized by any other property owners who wish to employ the R-5 district to their respective property. The proximity of this site to supporting residential development and other commercial areas will generally be conducive to simultaneous emergence of residential and commercial activities, as supported by the BCP 2020, see Goal N-2. On the other hand, if the change results in deterioration of the neighborhood then the only property owner and future residents of the development would be most benefited by the proposed change. 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. No substantial negative impacts to the surrounding landowners or the general public have been identified due to this amendment. While the number of landowners who will 322 22077 Staff Report for the South 8th Zone Map Amendment Page 23 of 26 directly benefit from the proposed zone map amendment is small (one), the proposed amendment is not at the expense of surrounding landowners or the general public. As discussed above in the various review criteria, no substantial negative impacts have been identified due to this amendment. The proposed R-5 zoning designation will allow for a variety of uses conducive to the Urban Neighborhood land use designation. Further, as discussed in Criterion A, the application is consistent with both the City’s and the County’s growth policy. The growth policy is the overall land use policy for the community. Consistency with the growth policy demonstrates benefit to the general public. As discussed under Criterion D, the City’s development standards will require the applicant to provide the needed infrastructure to support any proposed development prior to construction. Concurrency and adequacy of infrastructure remove most potential injury to 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. Development of the site in any manner may create additional demand for services and change the character of the site as a large retail space and substantial parking area. A change to an urban district does not inherently injure the surrounding landowners. 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 and legal description of the property), to protest the action against which the protest is lodged, including ownership of property affected by the action. Signers are encouraged to print their names after their signatures. A person may in writing withdraw a previously filed protest at any time prior to final action by the City Commission. Protests 323 22077 Staff Report for the South 8th Zone Map Amendment Page 24 of 26 must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230. APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND The owner, Jeremy Seglem, and applicant, Aspekt Architecture, submitted an application to rezone an existing parcel totaling 0.18 acres from R-4 to R-5. The property currently hosts a detached residential structure and associated detached accessory buildings with alley access. Although no future development plans were submitted or required with the application, based on the applicant narrative it appears future development will be primarily residential with the possibility of a commercial component. The primary differences between the R-4 and R-5 districts are in permitted uses and dimensional standards. R-5 allows limited restaurant and retail uses and requires less land area per residential unit, allows 10 more feet of height or five stories, smaller setbacks, and less parking. APPENDIX B - NOTICING AND PUBLIC COMMENT Notice was sent via US first class mail to all owners of property located inside the site and within 200 feet of the perimeter of the site. The project site was posted with a copy of the notice. The notice was published in the Legal Ads section of the Bozeman Daily Chronicle on July 17 and August 24, 2022. The Community Development Board hearing is scheduled for August 1, 2022 and continued to September 12, 2022. The City Commission public hearing is scheduled for August 16, 2022 and continued to September 27, 2022. Public comment has been received on this application. Comments can be reviewed at the following link: https://weblink.bozeman.net/WebLink/DocView.aspx?id=259743&dbid=0&repo=BOZEMAN&cr=1 APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING Adopted Growth Policy Designation: The property has a future land use designation of: Urban Neighborhood. 324 22077 Staff Report for the South 8th Zone Map Amendment Page 25 of 26 The Urban Neighborhood 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 R-5 (Residential Mixed-Use High Density). The R-5 district provides for high-density residential development through a variety of compatible housing types and residentially supportive commercial uses in compact, walkable areas to serve the needs of the community’s residents. Single and multi-household dwellings are allowed, along with offices and small-scale retail and restaurants as secondary uses. This district is appropriate for areas adjacent to mixed-use districts and/or served by transit. A full list of permitted use can be view in tables 38.310.030.A and B. 325 22077 Staff Report for the South 8th Zone Map Amendment Page 26 of 26 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF Owner: Jeremy Seglem, 102 Nostalgia Lane, Bozeman, MT 59715 Applicant: Aspekt Architecture, LLC, 1103 N. Pinecreast Drive, Bozeman, MT 59715 Representative: Aspekt Architecture, LLC, 1103 N. Pinecreast Drive, 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 zone map amendment. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. In addition, application materials can be viewed on the City’s development map at the following link. https://weblink.bozeman.net/WebLink/Browse.aspx?startid=260400&cr=1 326 Memorandum REPORT TO:City Commission FROM:BMassey LClark MHodnett SUBJECT:Resolution 5413 - Annual Assessment for Business Improvement District (BID) for Fiscal Year 2023 MEETING DATE:September 27, 2022 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Approve Commission Resolution No. 5413 - Annual assessment for the Business Improvement District (BID) for the FY 2023. STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND:Per Montana Code Annotated 7-12-1132 the Commission was presented on June 14, 2022 with the BID (Business Improvement District) work plan and budget. As a result of that review, the attached resolution, Resolution 5413, was drafted for approval. UNRESOLVED ISSUES:None ALTERNATIVES:N/A FISCAL EFFECTS:The downtown businesses within the business improvement district will be billed based on their assessed taxable value as it relates to the taxable valuation of the whole district. The assessment rate is 0.025767 per dollar of taxable valuation, which is set to ensure $220,000.00 is billed per the BID business plan. Attachments: Resolution 5413-BID Assessments FY23.docx Schedule A-BID FY23.PDF Report compiled on: September 14, 2022 327 Version April 2020 RESOLUTION 5413 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 2023 UPON ALL REAL PROPERTY IN THE BUSINESS IMPROVEMENT DISTRICT LOCATED IN THE CITY OF BOZEMAN’S DOWNTOWN AREA TO DEFRAY THE ESTIMATED COST AND EXPENSE TO BE INCURRED IN THE BUSINESS IMPROVEMENT DISTRICT FOR THE FISCAL YEAR AS OUTLINED IN THE DISTRICT’S WORK PLAN AND BUDGET. WHEREAS, WHEREAS,Commission Resolution No.’s 4256, 4263 and 5140 and Ordinance No. 1790 passed as aforesaid are hereby referred to and made a part of this resolution for further particulars in respect to the boundaries of said district the purpose of the district and the duration of the district, and WHEREAS,Section 7-12-1132 (4) Montana Code Annotated provides that said special assessments shall be made levied and collected in the same manner as are other special assessments and levies of the City of Bozeman, and WHEREAS, pursuant to Section 7-12-1132 (2) Montana Code Annotated the City Commission did on the 14th day of June 2022 receive the work plan and budget submitted, and WHEREAS,the work plan and budget provides for parcels to be assessed for that part of the whole cost of the district which its taxable valuation bears to the total taxable valuation of the property of the district pursuant to Section 7-12-1133 (2) c Montana Code Annotated, and 328 Version April 2020 WHEREAS,to defray the costs of the business improvement district for the coming assessment year, the Commission must now establish an assessment to be levied for said year. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: Section 1 That to defray the estimated cost and expense of the business improvement district in the City’s downtown area for the fiscal year 2023 there is hereby levied and assessed against the taxable valuation of the several lots pieces and parcels of land benefited by the district within the City of Bozeman as set forth in Schedule A, attached hereto and by this reference made a part hereof which describes each lot or parcel of land with the name of the owner and or owners, if known, and the amount assessed against the same that the several sums set opposite the names of said owners; and the described lots and parcels of land are hereby levied and assessed upon and against said lots and parcels of land for said purpose that the several sums be collected from the respective owners of said lots and parcels of land described in said assessment list and owned by them; that the said sums shall be paid and the collection thereof be made in the manner and in accordance with Ordinance No. 1790 of the City of Bozeman Montana and the laws of the State of Montana governing the collection of a business improvement district assessments; that failure to pay such assessment when the same shall become due and payable shall make such persons and such lots and parcels of land liable to the penalties provided by law relative to delinquent taxes and assessments; and that the November assessments shall become delinquent at 5:01 p m on November 30, 2022 and the May assessments shall become delinquent at 5:01 pm on May 31, 2023. Section 2 That each lot or parcel of land including the improvements thereon, may be assessed for that part of the whole cost of the district which its taxable valuation bears to the total taxable valuation of the property in the district. The assessment rate in said business improvement district shall be $220,000.00 which is 0.025767 per taxable valuation. 329 Version April 2020 Section 3 That this assessment be levied for the fiscal year 2023 (July1, 2022 through June 30, 2023) and be billed in October 2022 as are all other special assessments. Section 4 That the assessments as collected shall be placed in the business improvement district fund and shall be used to defray the costs thereof asprovided by law. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 27th day of September, 2022. ___________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 330 09/14/22 15:08:40 CITY OF BOZEMAN PAGE 1 BID SCHEDULE A FY23 OWNER LEGAL AMOUNT NAME DESCRIPTION ASSESSED A & L MCBRIDE PROPERTIES STORYS LOTS 6-7 E 6' LOT N4'LOTS 15-16 & LOT 17 BL FLORENCE CONDOS #6 329.74 A & L MCBRIDE PROPERTIES STORYS LOTS 6-7 E 6' LOT N4'LOTS 15-16 & LOT 17 BL FLORENCE CONDOS #7 64.96 A & L MCBRIDE PROPERTIES STORYS LOTS 6-7 E 6' LOT N4'LOTS 15-16 & LOT 17 BL FLORENCE CONDOS #8 17.39 A & L MCBRIDE PROPERTIES STORYS LOTS 6-7 E 6' LOT N4'LOTS 15-16 & LOT 17 BL FLORENCE CONDOS #11 52.26 A.O. 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LOT 7 & 19' LOT 8 BLOCK E 741.42 SENNETT, ELIZABETH 2012 R TRACYS 1ST LOTS 10-12 & E 3' LOT 13 BLOCK A HATHHORN CONDOS UNIT G 100.83 SHYNE-KALSOW, MICHAELA HBP RESIDENTIAL CONDOMINI UNIT 406 TRACYS 2 LOT 1A BLK A 199.36 SLEEPY EYE LLC ROUSES 1ST LOTS 10-14 BLO OLD CITY HALL 941.61 SNOWY LANDS LLC MENDENHALL MARKETPLACE CO UNIT R-7A ORIGINAL TOWNSITE LOT 13- 209.72 SOPER, CHARLES & HEIDI A OP W 22.5' LOT 16 ALL LOT BLOCK H 173.98 SOPER, CHARLES VERN& HEID OP 90' N ENDS LOTS 18-22 BLOCK H 369.14 SORENSON, SCOTT HARPERS LOT A BLOCK A AME LOTS 1-4 BLOCK A & VACANT ALLEY 268.11 STEIS, CHRISTOPHER JOSEPH HBP RESIDENTIAL CONDOMINI UNIT 312 TRACYS 2 LOT 1A BLK A 200.31 STRAIGHTAWAY BOZEMAN INVE OP BLOCK G LOT 1-A .46 ACRES 10,347.79 SV INVESTMENTS LLC HBP RESIDENTIAL CONDOMINI UNIT 408 TRACYS 2 LOT 1A BLK A 142.34 SWN CREEKSIDE LLC OP LOTS 14-16 BLOCK I 551.39 T & ME LLC TRACYS E 27.14' LOT 8, W5 LOT 7 BLOCK B 1,060.47 T & W COWDREY PROPERTIES OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 161.79 T & W COWDREY PROPERTIES OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 5.00 T & W COWDREY PROPERTIES OP PORTIONT LOTS 15-16 LOTS 17-19 BLOCK D BOZEM MULTI LEVEL SHOP COMPLEX 151.10 TBAK LLC HBP RESIDENTIAL CONDOMINI UNIT 507 TRACYS 2 LOT 1A BLK A 308.90 THE BOZEMAN RIALTO LLC STORYS BOZEMAN E 27' LOT 2 5.75' LOT 2, 4 X 5.75' CORNER BLK A LOT 21, 4' N 1,482.18 THE ETHA HOTEL LLC TRACY'S 1ST ADD E 1.25 FT LOT 16, ALL LOTS 17-20 & 24.5 FT OF LOT 21 BLK A 12,351.29 THE GREGORY & PAMELA HARR BAXTER CONDO UNIT 3D TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 65.94 THE IMPERIAL FOUR HUNDRED STORYS W 25' LOT 4, ALL LOTS 5-7 S 18' LOTS 8-9 BLOCK B & N 53' LOTS 12-1 2,280.83 THE IMPERIAL FOUR HUNDRED STORYS N120' LOTS 8-9 BLO 1,680.59 THE JACK STONE TRUST JACOB'S CROSSING RESIDENT UNIT C ROUSE'S 1ST LOTS 6 142.42 THOMPSON, ARTHUR JOHN BAXTER CONDO UNIT 6C TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 82.66 TWO SISTERS HOLDING CO LL OP E 22.19' OF LOT 11 & A LOT 12 BLOCK D 1,226.72 TWO SISTERS HOLDING CO LL OP LOT 13 BLOCK D 738.15 UNGERSMA, RICK & SHANNON HBP RESIDENTIAL CONDOMINI UNIT 410 TRACYS 2 LOT 1A BLK A 424.75 VERTEX HOLDINGS LLC OP PARCEL A BLOCK D PLAT PARKING LOT 294.47 338 09/14/22 15:08:40 CITY OF BOZEMAN PAGE 9 BID SCHEDULE A FY23 OWNER LEGAL AMOUNT NAME DESCRIPTION ASSESSED VMD PROPERTIES LLC TRACYS 2 22' W.S. LOT 9, LOT 10 BLOCK B 398.64 WADA, M RICHARD & JACOB'S CROSSING RESIDENT UNIT F ROUSE'S 1ST LOTS 6 184.96 WALLACE-BABCOCK PROPERTIE WALLACE COMMERCIAL CONDOS UNIT 101 LOT 13A, BLOCK A 288.80 WALLACE-BABCOCK PROPERTIE WALLACE COMMERCIAL CONDOS UNIT 201 LOT 13A BLK A 736.58 WALLACE-BABCOCK PROPERTIE WALLACE COMMERCIAL CONDOS UNIT 301 LOT 13A BLK A 808.16 WALLACE-BABCOCK PROPERTIE ROUSES 2ND LOT 13A BLOCK PLAT C-6-F WALLACE COMMERCIAL CONDO 30.30 WALLER, ANTHONY & ROBERT BAXTER CONDO UNIT 5E TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 65.11 WALSH, BARNEY & TRACY SED HBP RESIDENTIAL CONDOMINI UNIT 514 TRACYS 2 LOT 1A BLK A 343.53 WAM DEV GROUP LLC ROUSES 1ST ALL LOT 9 TO L BLOCK B 1,157.57 WELLS FARGO BANK TRACYS LOTS 1-5 BLOCK C 2,173.10 WELLS FARGO BANK TRACYS LOTS 15-17, W1/2 L BLOCK C 261.10 WELLS FARGO BANK TRACYS LOTS 11-14 BLOCK C 405.42 WERNER, ROBERT J & PATRIC HBP RESIDENTIAL CONDOMINI UNIT 306 TRACYS 2 LOT 1A BLK A 199.36 WILLIAMS, DALE L & KATHER TRACY BABCOCK CONDOS UNIT LOT 18-22 BLK A STORYS AD & FRACT BLK 'AE' ALDERSON 181.89 WIMPYS PALACE LLC ROUSES 1ST ADD LOT 3A BLK ALL LOT 3 & PORT LOT 2 & 390.09 YELLOW HOUSE LLC ROUSES 1ST ADD LOT 15-16 482.41 YO MAMA ENTERPRISES LLC OP E 5' LOT 4 W 26' LOT 5 BLOCK F BARNETT CONDOS U 199.88 Z & C LLC BRIDGERVIEW CONDO UNIT 3 46.56 Z & C LLC BRIDGERVIEW CONDO UNIT 4 38.19 Z & C LLC BRIDGERVIEW CONDO UNIT 5 19.53 Z & C LLC BRIDGERVIEW CONDO UNIT 6 15.41 Z & C LLC BRIDGERVIEW CONDO UNIT 7 18.04 Z & C LLC BRIDGERVIEW CONDO UNIT 8 16.34 Z & C LLC BRIDGERVIEW CONDO UNIT 9 26.21 Z & C LLC BRIDGERVIEW CONDO UNIT 10 21.67 Z & C LLC BRIDGERVIEW CONDO UNIT 11 21.67 ZELLIGE INVESTMENTS LLC MENDENAHLL MARKETPLACE CO UNIT R-3 ORIGINAL TOWNSITE LOT 13- 222.73 ZOEMAX LLC GUYS 1ST 60'EAST SIDE 1/2 LOT 3, EAST 114'OF 1/2 AC LOT 4 & WEST 26' OF 1/2 A 986.37 10 SPEED LLC MENDENHALL MARKETPLACE CO UNIT R-5 ORIGINAL TOWNSITE LOT 13- 252.31 101 ROUSE LLC OP SOUTH 50' LOTS 17-19 BLOCK I 490.07 104 E MAIN LLC OP LOTS 13-22 & 22' S OF 13-22 588.19 104 E MAIN LLC OP LOTS 1-3 & W 28 1/2' O LOT 4 BLOCK B 3,570.04 106 E BABCOCK LLC BLACKS ADDITION LOT 11A B 5,253.47 106 E BABCOCK LLC BLACKS ADDITION TO BOZEMA LOT 12A BLOCK B AMENDED PLAT C-14-H 319.23 115 APCH LL OP LOTS 12-13 E 5 1/2' LOT 14 BLOCK H 572.21 115 APCH LL OP W 22 1/2' LOT 14 & E 1 OF LOT 15 BLOCK H 143.99 137 E BABCOCK LLC OP LOTS 11-12 & 22 X 60' LOTS 11-12 BLOCK B 700.20 223 EAST MAIN COMMERCIAL OP LOT 7A BLK D- E 16.5' & W 10' LOT 7 PLAT C-1-Q 1,399.49 23 E MAIN STREET HOLDINGS OP W 26' 8" LOT 7 BLOCK F 904.35 234 E MAIN ST LLC OP E 2.5' LOT 8 AND ALL LOT 9 BLOCK C 773.22 27 N TRACY LLC TRACTYS 3.5' EAST SIDE LO 6.5 X 50' SOUTHWEST CORNE LOT 22 BLOCK A 90' NORTH 808.24 28 W MAIN LLC STORYS LOTS 6-7 E 6' LOT N4'LOTS 15-16 & LOT 17 BL FLORENCE CONDOS #4 405.52 28 W MAIN LLC STORYS LOTS 6-7 E 6' LOT N4'LOTS 15-16 & LOT 17 BL FLORENCE CONDOS #5 34.97 28 W MAIN LLC STORYS LOTS 6-7 E 6' LOT N4'LOTS 15-16 & LOT 17 BL FLORENCE CONDOS #9 66.22 29 W MAIN LLC TRACYS 1ST LOTS 10-12 & E 3' LOT 13 BLOCK A HATHHORN CONDOS UNIT 4 370.76 321 MAIN LLC OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 596.66 321 MAIN LLC OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEM MULTI LEVEL SHOP COMPLEX 16.03 35 NORTH BOZEMAN LLC OP LOTS 12-14 BLOCK E OLD LIBRARY BUILDING 602.57 339 09/14/22 15:08:40 CITY OF BOZEMAN PAGE 10 BID SCHEDULE A FY23 OWNER LEGAL AMOUNT NAME DESCRIPTION ASSESSED 35 NORTH BOZEMAN LLC OP LOT 15A PLAT C-1-D BLO 170.32 36 E MAIN LLC OP 25'E S LOT 6, LOT 7 LE S 7 1/2' & LOT 8 BLOCK A 2,106.57 400 MARION INC OP E 1/2 LOT 10 ALL LOT 1 BLOCK A 1,611.22 400 MARION INC OP E1.33' LOT 7 ALL LOT 8 W 9.67' LOT 9 BLOCK F 27 E MAIN CONDOS UNIT D 290.58 400 MARION INC OP E 1.33' LOT 7 ALL LOT W 9.67' LOT 9 BLOCK F 27 E MAIN CONDOS UNIT E 265.66 508 MONTANA LLC HBP RESIDENTIAL CONDOMINI UNIT 508 TRACYS 2 LOT 1A BLK A 142.34 520 EAST BABCOCK LLC ROUSES 2ND TRACT 1 LOT 1 BLOCK A BEING 80 X 86' 476.98 702 LLC 60%-KILKERNEY PRO OP LOT 9A BLOCK B PLAT C-1-G 2,433.68 9 E MAIN LLC OP E 19' LOT 3 & W 23' LOT 4 BLOCK F 1,282.36 FINAL TOTALS TOTAL 219,999.92 COUNT 441 * * * E N D O F R E P O R T * * * 340 Memorandum REPORT TO:City Commission FROM:BMassey LClark MHodnett SUBJECT:Resolution 5414 - Annual Lighting Assessments for Fiscal Year 2023 MEETING DATE:September 27, 2022 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Approve Commission Resolution No. 5414 for Annual Lighting Assessments for Fiscal Year 2023 STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND:The city pays the associated power bills and scheduled system maintenance for all lighting districts. Costs are recovered by assessing property owners in each of the lighting districts for their proportionate share. UNRESOLVED ISSUES:None ALTERNATIVES:N/A FISCAL EFFECTS:Per MCA 07-12-4332, a resolution is required to assess of operation and maintenance costs of lighting districts. It shall be the duty of the city or town council to estimate, as nearly as practicable, the cost of maintaining such lights and furnishing electrical current therefore each year and the portion thereof to be assessed against the property embraced within the district and, before the first Monday in October, to pass and finally adopt a resolution levying and assessing said property within said district with an amount equal to the proportion of the cost of such maintenance and electrical current so determined to be especially assessed against said property. Attachments: Lighting District Resolution FY23.docx Lighting Districts FY23 Schedula A.pdf Report compiled on: September 13, 2022 341 Version April 2020 RESOLUTION 5414 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING MAINTENANCE AND ELECTRICAL CURRENT COSTS FOR SPECIAL IMPROVEMENT LIGHTING MAINTENANCE DISTRICTS OF THE CITY OF BOZEMAN. WHEREAS, certain lighting maintenance districts have been created with the City of Bozeman and; WHEREAS, state law provides for assessing the costs of maintaining lights and furnishing electrical current annually within these lighting maintenance districts and; WHEREAS, Section 7-12-4332, M.C.A. provides that the City shall pass a resolution levying and assessing maintenance costs. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: Section 1 Districts and Assessments. The lighting maintenance districts and assessments to defray one hundred percent (100%) of all the costs of maintenance and lighting are hereby levied and assessed against the property and several lots, pieces and parcels thereof within the lighting maintenance districts as listed and described on Schedule “A” and Schedule “B”, attached hereto, and by this reference, said schedules are made a part hereof. 342 Version April 2020 Section 2 Lot or Parcel Description. That a particular description of each lot, piece, or parcel of land with the name of the owner thereof, the total number of square feet of said property and the sum assessed and levied against such property and owner, or either, is set forth in the Schedule of each district as specified and identified in Schedule “B”. Section 3 Period of Assessment. That said assessment is to defray costs for Fiscal Year 2023 (July 1, 2022 through June 30, 2023). Section 4 Disposition of Collections. That the assessments as collected shall be placed in the respective lighting maintenance funds and shall be used to defray the cost of maintenance and lighting as provided by law. Section 5 Notice of Hearing. That the regular meeting of the Commission of the City of Bozeman to be held on the 27th day of September, 2022 at 6:00 p.m., at the Commission Room, City Hall, 121 N Rouse Ave., in the City of Bozeman, be designated as the time and place at which objections to the final approval of this Resolution will be heard and considered by said Commission. Section 6 Notice. That the City Clerk of the City of Bozeman, published in the Bozeman Daily Chronicle on September 18, 2022 and September 25, 2022, a notice signed by said Clerk as such, stating that this Resolution levying and assessing the several amounts set forth in the schedule attached hereto and made a part of as aforesaid and for the purposes herein will be passed and 343 Version April 2020 approved by the Commission of the City of Bozeman and is on file in the office of said City Clerk; that said Notice shall be so published, and such publication shall be made not less than five (5) days before the date set by the Commission for hearing of objections and the final approval this Resolution. Section 7 Certification. The City Clerk is hereby directed upon final passage and approval of this resolution to certify a copy thereof to the City Finance Director of the City of Bozeman, Montana, as provided by law. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the _____ day of ________, 20____. ___________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 344 Lighting Dist #Fund FY23 Assessment 284 146 7,400.00 288 147 800.00 290 148 700.00 295 149 15,100.00 361 150 1,800.00 362 151 3,400.00 388 152 5,600.00 400 153 1,600.00 420 154 1,400.00 423 155 1,300.00 453 156 5,200.00 459 157 18,800.00 460 158 3,500.00 461 159 2,400.00 462 160 2,400.00 479 161 4,700.00 480 162 22,600.00 484 163 900.00 490 164 800.00 491 165 500.00 508 166 10,200.00 556 167 700.00 572 168 500.00 618 169 300.00 637 170 13,500.00 670 181 4,300.00 671 182 14,800.00 672 200 17,300.00 673 201 4,100.00 679 203 10,900.00 680 216 17,900.00 681 202 7,400.00 682 204 11,000.00 685 205 7,700.00 686 206 16,800.00 687 207 25,100.00 688 208 38,500.00 689 209 16,400.00 690 210 38,800.00 691 211 20,100.00 692 212 13,400.00 693 213 300.00 694 214 2,500.00 Lighting District Assessment Summary 345 695 215 1,700.00 696 217 7,800.00 697 218 3,600.00 698 219 5,100.00 699 220 4,100.00 700 221 300.00 701 222 5,600.00 702 223 300.00 703 224 2,300.00 704 225 2,800.00 707 228 2,000.00 711 232 1,400.00 712 233 3,500.00 714 234 500.00 715 235 3,100.00 716 236 2,400.00 719 239 1,200.00 720 240 2,900.00 721 241 3,700.00 722 242 400.00 725 237 200.00 728 243 2,300.00 730 245 8,200.00 734 244 700.00 736 253 200.00 743 249 400.00 749 238 200.00 751 251 1,400.00 752 250 2,100.00 755 246 300.00 757 247 300.00 758 248 300.00 760 252 200.00 Grand Total Billed:464,900.00 346 Memorandum REPORT TO:City Commission FROM:Taylor Chambers, Deputy City Clerk Mike Maas, City Clerk Jeff Mihelich, City Manager SUBJECT:Appointment to the Board of Ethics MEETING DATE:September 27, 2022 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:I move to appoint one member to the Board of Ethics with a term expiring July 31, 2024. STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders. BACKGROUND:The Board of Ethics has one vacant position due to a term expiration as of July 31, 2022. The City Clerks' Office published legal notice for this vacancy on May 29, June 5, and June 12, 2022. The City Clerks' Office has received one reapplication and two new applications. Ordinance No. 1726, finally adopted in November 2007, established the creation of a three member Board of Ethics. In May of 2009, Ordinance No. 1759 was finally adopted which revised 1726. According to Ordinance 1759: A. There is created a Board of Ethics consisting of three (3) members who shall serve without compensation unless the governing body provides otherwise. Members of the Board of Ethics shall not be elected officials, full- time appointed officials whether exempt or nonexempt, or City employees, nor shall they be currently serving on any other City board or commission. B. Members of the Board shall be residents of the City. C. Board members shall be appointed by the governing body. An appointment to fill a vacancy shall be made by the appointing authority who appointed the member who formerly held the position which is vacant. E. Board members shall serve staggered terms of two (2) years. A member shall hold office until a member's successor is appointed. This board currently has one vacant position. The City Clerk’s Office has received two applications with their relevant qualifications indicated below. 347 1. One position with a term expiring July 31, 2024 | Qualifies: K. Taylor, D. Pease Applicants: Kristin Taylor Danielle Pease Ryann Thomas There is no Commission liaison for this board. Board of Ethics appointments are Commission appointments. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None. Attachments: Danielle Pease.pdf Ryann Thomas.pdf Kristin Taylor.pdf Report compiled on: September 16, 2022 348 From:City of Bozeman, MT To:Agenda Subject:*NEW SUBMISSION* Citizen Advisory Board Application Date:Wednesday, July 27, 2022 3:20:42 PM Citizen Advisory Board Application Submission #:1847007 IP Address:65.141.200.178 Submission Date:07/27/2022 3:20 Survey Time:19 minutes, 42 seconds You have a new online form submission. Note: all answers displaying "*****" are marked as sensitive and must be viewed after your login. Read-Only Content Applicant Information Full Name Danielle Pease Physical Address 3234 N. 27th Ave. 305 Bozeman, Montana 59718 Primary Phone 9516912211 Additional Phone Current Occupation Summer Associate/ Law Student Employer Crowley Fleck PLLC/ University of Montana Law School Email danielle.pease@umontana.edu Which position are you applying for? Board of Ethics Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 1-5 years Have you ever served on a City or County Board or Commission? 349 Yes Where, how long, and what Board? Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. I am starting my third-year of law school this Fall. I have a B.A. in Political Science from UM, where I took courses in philosophy, political science, and history (focusing on the DOJ MSO investigatigation, victims rights, and ethics). I plan to work in regulatory compliance, including with a focus and integration of ethics. I am an intern at Crowley Fleck in BZN this summer and hope to stay in BZN. I have a passion for non-polarized, sustainable, and ethically focused policy recommendations. The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. I have dedicated significant portions of my student advocacy work to Title IX and protected class harm policy recommendations to the office of Commissioner of Higher Education, Department of Education, and University of Montana. In that capacity, I talk to individuals from protected classes about their experiences and focused policy recommendations to ensure they can access to education and necessary resources. I am dedicated to continuing to learn about others experiences and ways to help. References Read-Only Content Reference #1 Full Name Raymond Lewis Phone 4065390718 Email brad@dlmcontractinginc.com Section Break Reference #2 Full Name Cierra Anderson Phone 4043099818 Email cierraleeannanderson@gmail.com The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? I have been tracking vacancies for just under a year. Is there any other information that you feel we need to know? I am more than willing to provide my resume and additional references if you would like. Read-Only Content Thank you, City Of Bozeman 350 This is an automated message generated by Granicus. Please do not reply directly to this email. 351 From:City of Bozeman, MT To:Agenda Subject:*NEW SUBMISSION* Citizen Advisory Board Application Date:Wednesday, July 6, 2022 1:02:55 PM Citizen Advisory Board Application Submission #:1793662 IP Address:65.154.212.6 Submission Date:07/06/2022 1:02 Survey Time:53 minutes, 15 seconds You have a new online form submission. Note: all answers displaying "*****" are marked as sensitive and must be viewed after your login. Read-Only Content Applicant Information Full Name Ryann Thomas Physical Address 139 Cayuse Spur Trail Bozeman, Montana 59715 Primary Phone 4064655714 Additional Phone Current Occupation Full-Time Student/Content Manager Employer Montana State University/Gringa En La Casa Email RyannCathThomas@gmail.com Which position are you applying for? Board of Ethics Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 6-10 years Have you ever served on a City or County Board or Commission? No 352 Where, how long, and what Board? Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. I was co-head of the advisory board for a non-profit: One Bread Foundation, Inc. I am also a third generation Latinx and a women who could offer a perspective to the board that comes from an age group that is detrimental to change in the community as I am 22 years old. I also have professional connections with different influential and diversify members in the community. I also am apart of the Hilleman Scholars at Montana State University. The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. Engagement and education of diversity and inclusion is one of my strong suits, as I have educated myself through Montana State University by taking different courses on inclusion, and participating in different local events such as the women's march, and the BLM march to listen and empathize with different diversified perspectives. References Read-Only Content Reference #1 Full Name Heather Reyes Phone 5103039709 Email heather.reyes415@gmail.com Section Break Reference #2 Full Name Carina Beck Phone 4069947627 Email cbeck@montana.edu The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? Via Bozeman.net/departments/advisory-boards Is there any other information that you feel we need to know? N/A. Thank you. Read-Only Content Thank you, City Of Bozeman This is an automated message generated by Granicus. Please do not reply directly to this email. 353 From:City of Bozeman, MT To:Agenda Subject:*NEW SUBMISSION* Citizen Advisory Board Application Date:Tuesday, August 2, 2022 7:39:53 PM Citizen Advisory Board Application Submission #:1862760 IP Address:69.144.240.93 Submission Date:08/02/2022 7:39 Survey Time:10 minutes, 23 seconds You have a new online form submission. Note: all answers displaying "*****" are marked as sensitive and must be viewed after your login. Read-Only Content Applicant Information Full Name Kristin Taylor Physical Address 704 S. Willson Ave Bozeman, MT 59715 Primary Phone 4065395389 Additional Phone Current Occupation retired Employer n/a Email ktgatelax@gmail.com Which position are you applying for? Board of Ethics Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 11 years or more Have you ever served on a City or County Board or Commission? Yes 354 Where, how long, and what Board? Completed the remainder of Carson Taylor's most recent term on the Board of Ethics Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. I've lived in Bozeman for 24 years, so am very familiar with this city, and have a law degree, with the associated ethical training. The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. I'm an avid reader and eager learner about issues related to DEI. I'm currently assisting a young man who is working on issues of systemic racism and mass incarceration; I'm on the President's Council of LIRS, a non-profit focused on immigration issues and I've been a volunteer and donor with/to organizations that support DEI efforts. References Read-Only Content Reference #1 Full Name Carson Taylor Phone 4065796423 Email carsongtaylor@gmail.com Section Break Reference #2 Full Name Cora Neumann Phone 4062107969 Email cora@coraneumann.com The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? served previous partial term. Is there any other information that you feel we need to know? Read-Only Content Thank you, City Of Bozeman This is an automated message generated by Granicus. Please do not reply directly to this email. 355