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HomeMy WebLinkAbout10-17-22 CDB Agenda and Packet MaterialsA.Call to Order - 6:00 pm B.Disclosures C.Changes to the Agenda D.Approval of Minutes D.1 Approval of Minutes(Fuller) E.Consent Items E.1 Design recommendation regarding Homestead at Buffalo Run Site Plan proposal to develop a 20.3 acre parcel with multi-household apartment buildings, two-household duplex buildings, and rowhouses for a total of 237 Homes, Application 21424(Garber) E.2 Design recommendation regarding the Bozeman Design Center Site Plan proposal to THE COMMUNITY DEVELOPMENT BOARD OF BOZEMAN, MONTANA CD AGENDA Monday, October 17, 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: 2556 402 0425 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 develop a 37,929 square foot three-story retail and office building on Lot 1, Block 2 of the Ferguson Farm Subdivision with associated parking spaces, pedestrian pathways, open space areas, stormwater infrastructure, and landscaping, Application 21480(Lyon) F.Public Comments This is the time to comment on any matter falling within the scope of the Community Development Board. There will also be time in conjunction with each agenda item for public comment relating to that item but you may only speak once. Please note, the Community Development Board cannot take action on any item which does not appear on the agenda. All persons addressing the Community Development Board shall speak in a civil and courteous manner and members of the audience shall be respectful of others. Please state your name and place of residence in an audible tone of voice for the record and limit your comments to three minutes. General public comments to the Board can be found in their Laserfiche repository folder. G.Action Items G.1 Yellowstone Montessori Academy Annexation Zone Map Amendment for amendment on 0.67 acres from R2 to R4 and initial zoning of R4 on 0.87 acres, Application 22121(Saunders) G.2 Walker Subdivision annexation application 22125 requesting annexation of 2.05 acres plus the adjacent right-of-way and zone map amendment of the City Zoning Map for the establishment of a zoning designation of R-3 (Residential Medium Density District).(Rogers) G.3 The East Main zone map amendment requesting amendment of the City Zoning Map for an existing lot consisting of approximately 1.5 acres and the accompanying adjacent right-of way from B-2 (Community Business District) to B-2M (Community Business District- Mixed).(Rogers) H.FYI/Discussions H.1 Upcoming Items Expected for November 7, 2022 Community Development Board Meeting(Saunders) I.Adjournment For more information please contact Anna Bentley, abentley@bozeman.net General information about the Community Development Board is available in our Laserfiche repository. This board generally meets the first and third Monday of the month from 6:00 pm to 8:00 pm. Citizen Advisory Board meetings are open to all members of the public. If you have a disability and require assistance, please contact our ADA coordinator, Mike Gray at 406-582-3232 (TDD 406-582- 2301). In order for the City Commission to receive all relevant public comment in time for this City Commission meeting, please submit via the Commission Comment Page or by emailing agenda@bozeman.net no later than 12:00 PM on the day of the meeting. Public comment may be made in person at the meeting 2 as well. 3 Memorandum REPORT TO:Community Development Board FROM:Jonathan Fuller Community Development Tech Lacie Kloosterhof Community Development Office Manager Anna Bentley Community Development Interim Director SUBJECT:Approval of Minutes MEETING DATE:October 17, 2022 AGENDA ITEM TYPE:Minutes RECOMMENDATION:Move to approve minutes from 10-03-22. STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:non UNRESOLVED ISSUES:none ALTERNATIVES:Approve with corrections. FISCAL EFFECTS:none Attachments: CD Board Meeting Minutes 10-03-22.pdf Report compiled on: October 13, 2022 4 Bozeman City Commission Meeting Minutes, 10-03-22 Page 1 of 4 THE COMMUNITY DEVELOPMENT BOARD MEETING OF BOZEMAN, MONTANA MINUTES Monday October 03, 2022 Present: Gerald Pape, Allison Bryan, Brady Ernst, Nicole Olmstead, Henry Happel, John Backes, Padden Guy Murphy, Stephen Egnatz, Jennifer Madgic Absent: None Excused: None A) 00:01:30 Call to Order - 6:00 pm B) 00:02:23 Disclosures 00:02:45 Nicole Olmstead disclosed that she has a professional relationship with the applicant of the Cloverleaf ZMA, therefore she recused herself of any involvement with the discussion and any voting for that agenda item. C) 00:02:58 Changes to the Agenda D) 00:03:04 Approval of Minutes D.1 Approval of Minutes 09-12-22 CDB Meeting Minutes.pdf 09-19-22 CDB Meeting Minutes.pdf 00:04:22 Motion to approve D) Approval of Minutes Gerald Pape: Motion Nicole Olmstead: 2nd 00:04:29 Vote on the Motion to approve D) Approval of Minutes The Motion carried 9 - 0. 5 Bozeman City Commission Meeting Minutes, 10-03-22 Page 2 of 4 Approve: Gerald Pape Allison Bryan Brady Ernst Nicole Olmstead Henry Happel John Backes Padden Guy Murphy Stephen Egnatz Jennifer Madgic Disapprove: None F) 00:04:13 Public Comments There were no spoken public comments at this meeting. G) 00:07:37 Action Items G.1 00:07:48 The Cloverleaf zone map amendment requesting amendment of the City Zoning Map for a city block bounded by East Cottonwood Street, Ida Avenue, East Peach Street, and Plum Avenue consisting of approximately 3.1995 acres and the accompanying adjacent right-of way from NEHMU (Northeast Historic Mixed Use) to B- 2M (Community Business District Mixed). 22218 Cloverleaf ZMA CDB SR.pdf 00:08:15 Planner Tom Rogers presented to the board regarding the Cloverleaf ZMA. 00:20:40 The board presented questions to staff regarding this application. 00:30:24 The applicant, Chris Naumann, provided testimony on his project. 01:00:20 Motion to approve Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 22218 and move to recommend approval of the Cloverleaf Zone Map Amendment, with contingencies required to complete the application processing. Gerald Pape: Motion Padden Guy Murphy: 2nd 01:26:45 Vote on the Motion to approve Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 22218 and move to recommend approval of the Cloverleaf Zone Map 6 Bozeman City Commission Meeting Minutes, 10-03-22 Page 3 of 4 Amendment, with contingencies required to complete the application processing. The Motion carried 5 - 3. Approve: Gerald Pape Allison Bryan Henry Happel John Backes Padden Guy Murphy Disapprove: Brady Ernst Stephen Egnatz Jennifer Madgic G.2 01:28:02 The Haggerty Lane zone map amendment requesting amendment of the City Zoning Map for two existing lots consisting of approximately 0.55 acres and the accompanying adjacent right-of way from B-2 (Community Business District) to B-2M (Community Business District-Mixed). 22189 Haggerty ZMA CDB SR.pdf 01:28:11 Planner Tom Rogers presented to the board. 01:36:30 The board presented questions to City staff. 02:09:47 The applicant presented to the board. 02:54:00 Motion to approve Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby move to recommend approval of the Haggerty Lane Zone Map Amendment with contingencies required to complete the application processing. Henry Happel: Motion Gerald Pape: 2nd 02:54:14 Vote on the Motion to approve Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby move to recommend approval of the Haggerty Lane Zone Map Amendment with contingencies required to complete the application processing. The Motion carried 8 - 1. Approve: Gerald Pape Allison Bryan Brady Ernst Henry Happel John Backes Padden Guy Murphy 7 Bozeman City Commission Meeting Minutes, 10-03-22 Page 4 of 4 Stephen Egnatz Jennifer Madgic Disapprove: Nicole Olmstead H) 02:56:10 FYI/Discussions I) 02:58:12 Adjournment For more information please contact Anna Bentley, abentley@bozeman.net General information about the Community Development Board is available in our Laserfiche repository. 8 Memorandum REPORT TO:Community Development Board FROM:Danielle Garber, Associate Planner Anna Bentley, Community Development Interim Director SUBJECT:Design recommendation regarding Homestead at Buffalo Run Site Plan proposal to develop a 20.3 acre parcel with multi-household apartment buildings, two-household duplex buildings, and rowhouses for a total of 237 Homes, Application 21424 MEETING DATE:October 17, 2022 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION:Recommend approval of the site plan with conditions, application 21424, to the Community Development Director as presented. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:This review is in front of the Community Development Board as their capacity to act as the Design Review Board (DRB). The Bozeman Municipal Code (BMC) 38.230.040 sets the thresholds for projects that need the review of the DRB, or Community Development Board, and this project exceeds those thresholds. The DRB was established to provide design recommendations regarding larger proposals to the review authority. The application proposes 237 homes in multi-family, rowhouse, and two- household (duplex) configurations. Homes are to be constructed in 7 apartment buildings containing 22-30 dwelling units each, 8 rowhouse buildings each containing 2-5 units each, and 14 duplex buildings. Parking will be accommodated in shared lots and private garages totaling 465 off- street spaces, and 89 on-street spaces. The applicant is proposing to extend Kurk Drive west to Fowler Lane, improve Fowler Lane to the City street standard, and new street creation within the site via public access and utility easements. Off-site improvements include improvements to S. 27th Ave, and ditch relocation along Fowler Lane. On-site improvements include the construction of streets, drive access, parking, stormwater retention, a neighborhood center, and open space. The applicant is proposing to expand the adjacent Meadow Creek Park by 2 acres by adding a basketball court, fenced dog park, a multi-use play field, trails, and landscaping in the new 9 park area. The full can be viewed at this Laserfiche Link to Application 21424, Homestead at Buffalo Run Site Plan. UNRESOLVED ISSUES:None ALTERNATIVES:As identified by the Community Development Board FISCAL EFFECTS:Undetermined at this time, but will include increased property tax revenues from new development, along with increased costs to deliver municipal services to the property. Impact fees will be collected at the time of issuance of building permits for individual developments along with City sewer and water connection fees. Attachments: 21424 DRB Staff Report.pdf Report compiled on: October 12, 2022 10 Staff Report Homestead at Buffalo Run Site Plan Review Application 21424 October 12, 2022 Page 1 of 24 Application No. 21424 Type Site Plan Project Name Homestead at Buffalo Run Summary The application proposes 237 homes in multi-family, rowhouse, and two-household (duplex) configurations. Homes are to be constructed in 7 apartment buildings containing 22-30 dwelling units each, 8 rowhouse buildings each containing 2-5 units each, and 14 duplex buildings. Parking will be accommodated in shared lots and private garages totaling 465 off- street spaces, and 89 on-street spaces. The applicant is proposing to extend Kurk Drive west to Fowler Lane, improve Fowler Lane to the City street standard, and create new streets within the site via public access and utility easements. Off-site improvements include improvements to S. 27th Ave, and ditch relocation along Fowler Lane. On-site improvements include the construction of streets, drive access, parking, stormwater retention, a neighborhood center, and open space. The applicant is proposing to expand the adjacent Meadow Creek Park by 2 acres by adding a basketball court, fenced dog park, a multi-use play field, trails, and landscaping in the new park area. Zoning R-4 Growth Policy Urban Neighborhood Parcel Size 20.3 Acres Overlay District(s) None Street Address New Addresses TBD, Currently 5400 Fowler Lane Legal Description S23, T02S, R05E, N2SW4SW4 City of Bozeman, Gallatin County, Montana. Owner Buffalo Run Bozeman, LLC, 5400 Fowler Lane, Bozeman, MT 59718 Applicant Same as owner Representative Derek Williams, 5400 Fowler Lane, Bozeman, MT 59718 Staff Planner Danielle Garber Engineer Alicia Paz-Solis Noticing Public Comment Period Site Posted Adjacent Owners Mailed Newspaper Legal Ad 09/21/22 – 10/6/22 9/21/22 9/21/22 NA Advisory Boards Board Date Recommendation DRC 09/19/22 None, Adequacy Determination DRB November 17, 2027 TBD Recommendation Application is sufficient for approval with conditions and code provisions. Decision Authority Director of Community Development Date 10/20/22 Full application: https://weblink.bozeman.net/WebLink/Browse.aspx?id=258202&dbid=0&repo=BOZEMAN 11 Staff Report Homestead at Buffalo Run Site Plan Review Application 21424 October 12, 2022 Page 2 of 24 RECOMMENDED CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. Additional conditions of approval and code corrections may be required and will be included with the final report provided to the Director of Community Development 1. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. Phasing as noted on drawing sheet S1 represents the order of construction for the buildings within each phase. All off-site improvements must be completed prior to occupancy of any structures. All shared site improvements including roads, parkland, utilities, access, parking, open space, solid waste enclosures, walkways, and stormwater must be installed as shown in the phasing plan prior to occupancy of any structures. Landscaping may be financially guaranteed to accommodate construction and seasonality. 3. Landscape irrigation. Prior to final site plan approval, any proposed use of exempt groundwater wells for landscape irrigation, be it parkland irrigation or site irrigation, must be reviewed by DNRC and determined allowable. 4. The applicant must demonstrate that the well currently in use for irrigation of the Park area can also irrigate the new parkland appropriately, while fitting within any well or water use restrictions. 5. A preconstruction meeting with the Parks Division is required prior to any site work. Applicants must provide final park plans with all improvements proposed along with a preconstruction meeting request at least 30 days prior to planned commencement of parkland construction. CODE PROVISIONS 1. BMC 38.410.130.A.1 Water rights. CILWR must be paid prior to final site plan approval. 2. BMC 38.410.060 Easements. The applicant must provide executed copies of all public easements signed by a professional surveyor (PS) or a professional engineer (PE) prior to final site plan approval. 3. BMC 38.610 Wetland regulations. Permits addressing any impacts or mitigation measures must be provided prior to final site plan approval. 4. BMC 38.410.060.D.5 For the existing ditch lateral traversing the subject property. Prior to final site plan approval, the developer must establish an agricultural water user facility easement pursuant to Sec. 38.410.060.D.1 or provide sufficient information pursuant to Sec. 38.410.060.D.5 to allow for the removal of the ditch lateral from the subject property. 5. BMC 38.410.060.D.1 For the existing ditches paralleling Fowler Lane. Prior to final site plan approval, the developer must establish appropriate agricultural water user facility easements pursuant to Sec. 38.410.060.D.1. For the east Fowler ditch that is proposed to be realigned and relocated into the west Fowler ditch, the developer’s professional engineer must certify, prior to final plan approval, that the water entering and exiting the realigned or relocated ditch is the same quality and amount of water that entered or exited the facility prior to realignment or relocation. 6. BMC 38.410.070.D.6 Agricultural water user facility easements. Any required agricultural water user facility easements shall be recorded prior to final site plan approval and conform with Sec. 12 Staff Report Homestead at Buffalo Run Site Plan Review Application 21424 October 12, 2022 Page 3 of 24 38.410.060.D.6. Furthermore, pursuant to Sec. 38.410.070, mitigation of impacts to an existing ditch must be coordinated with the required easement and shall consider comments received from affected water users of the existing ditch. 7. BMC 38.410.060.D.4 Stormwater discharges to an agricultural water user facility. Pursuant to Sec. 38.410.060.D.4, stormwater from the development must not be discharged to an agricultural water user facility without written approval from the owner of the facility and corresponding stormwater conveyance easement(s). Any required stormwater conveyance easements shall be provided prior to final site plan approval. 8. BMC 38.520.060 Open Space. Prior to occupancy of buildings B and D, sidewalks and internal walkways must be constructed to the shared usable open space to the south of building B. 9. BMC 38.270.030.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 criteria listed in this section are met. Provide concurrent construction approval prior to final building permit approval. 13 Staff Report Homestead at Buffalo Run Site Plan Review Application 21424 October 12, 2022 Page 4 of 24 Figure 1: Current Zoning & Vicinity Map 14 Staff Report Homestead at Buffalo Run Site Plan Review Application 21424 October 12, 2022 Page 5 of 24 Figure 2: Existing Conditions 15 Staff Report Homestead at Buffalo Run Site Plan Review Application 21424 October 12, 2022 Page 6 of 24 Figure 3: Proposed Architectural Site Plan 16 Staff Report Homestead at Buffalo Run Site Plan Review Application 21424 October 12, 2022 Page 7 of 24 Figure 4: Proposed Civil Site Plan Northwest Figure 5: Proposed Civil Site Plan Northeast 17 Staff Report Homestead at Buffalo Run Site Plan Review Application 21424 October 12, 2022 Page 8 of 24 Figure 6: Proposed Civil Site Plan Southwest Figure 7: Proposed Civil Site Plan Southeast 18 Staff Report Homestead at Buffalo Run Site Plan Review Application 21424 October 12, 2022 Page 9 of 24 Figure 8: Phasing Plan 19 Staff Report Homestead at Buffalo Run Site Plan Review Application 21424 October 12, 2022 Page 10 of 24 Figures 9: Open Space Plan Figures 10: East Site Elevations, Rowhouses Facing the Park 20 Staff Report Homestead at Buffalo Run Site Plan Review Application 21424 October 12, 2022 Page 11 of 24 Figure 11: Illustrative Site Plan Figure 12: Example Duplex Elevations, Varying Designs in Full Application 21 Staff Report Homestead at Buffalo Run Site Plan Review Application 21424 October 12, 2022 Page 12 of 24 Figure 13: Example Rowhouse Elevations, Varying Designs in Full Application Figure 14: Example Apartment Elevations, Varying Designs in Full Application 22 Staff Report Homestead at Buffalo Run Site Plan Review Application 21424 October 12, 2022 Page 13 of 24 ANALYSIS AND FINDINGS Analysis and resulting recommendations based on the entirety of the application materials, municipal codes, standards, plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis in this report is a summary of the completed review. Additional analysis may be included with the final report provided to the Director of Community Development. Plan Review, Section 38.230.100, BMC In considering applications for plan approval under this title, the Director of Community Development shall consider the following: 1. Conformance to and consistency with the City’s adopted growth policy 38.100.040 B Meets Code? Growth Policy Land Use Urban Neighborhood Yes Zoning R-4, Residential High Density District Yes Comments: The uses are allowed within the zoning district. The 2020 Community Plan designation of Urban Neighborhood correlates with the R-4 zoning district. The proposed project conforms to this designation by providing urban density homes in a variety of types, shapes, sizes, and intensities. 2. Conformance to this chapter, including the cessation of any current violations 38.200.160 Meets Code? Current Violations None Yes Comments: No current violations exist. 3. Conformance with all other applicable laws, ordinances, and regulations 38.100.080 Meets Code? Conflicts None Yes Condominium ownership NA NA Comments: The proposed uses of the site are consistent with the allowed uses of the R-4 district including apartments, two-household dwellings, and rowhouses. No specific conflicts identified. Additional steps will be required including but not limited to completion of conditions of approval and code provisions, review of infrastructure and completion of off-site infrastructure, and approval of building permits. The Building Division of the Department of Community Development will review the requirements of the International Building Code for compliance at the time of each building permit application. 4. Conformance with Plan Review for applicable permit types as specified in article 2 Section 38.230 Meets Code? Site Plan Yes Comments: The site plan criteria are met with this project. The proposal is compatible and sensitive to the immediate environment of the site and the adjacent neighborhoods. Architectural design, building mass, and character are compatible to the immediate environment of the site and neighborhood. 5. Conformance with zoning provisions of article 3 38.320.100 Meets Code? Permitted uses 38.310 Apartments and Apartment Buildings, Two-Household Dwelling, Townhouse & Rowhouse in different configurations Yes Form and intensity standards 38.320 Yes Zoning R-4 Setbacks (feet) Structures Parking / Loading Yes 23 Staff Report Homestead at Buffalo Run Site Plan Review Application 21424 October 12, 2022 Page 14 of 24 Front Block Frontage: Mixed & Landscaped Block Frontage: Mixed & Landscaped Rear 20 20 Side NA NA Alley NA NA Comments: The proposed setbacks meet all R-4 zone setback standards. The development is proposed over one lot with public access easements establishing public right of way through the site. The two- household and rowhouse buildings (under 4-attached) are subject to R-4 zoning setbacks from each applicable frontage right of way line. The multi-household apartment buildings and rowhouse buildings (4+ attached) are subject to block frontage front setbacks of 10-feet for landscaped or mixed-landscaped. At the northwest of the site, the proposed two-household buildings are setback 15+ feet from the right of way line, with front porches encroaching 2-5 feet as allowable. The proposed community center is an existing building and is located over 60-feet the property line along Fowler Lane. At the northeast of the site, the proposed two-household buildings are setback 16-feet from the right of way line with porches encroaching 3-feet at 12-feet from the right of way line. Townhomes are setback 16+ feet from the right of way line with allowable porch encroachments. At the southwest of the site, apartment building A is proposed to be located over 65-feet from the Fowler property line, and building H is proposed at 10-feet from the Homestead Avenue right of way line, meeting the landscaped block frontage requirements. Building B is proposed 30+ feet from the rear property line, meeting the rear setback requirements. At the southeast of the site rowhouse Building L is proposed 15-feet from the right of way line with allowable porch encroachments. Rowhouse Buildings N & O are proposed 50+ feet from the rear property line. There are not interior lot lines, so no side setbacks are applicable. There are no alleys present so no alley setbacks are applicable. Relationship to adjacent properties standards 38.520.030 (light and air access and privacy) and angled setback plane 38.360.030 NA Applicable zone specific or overlay standards 38.330-340 NA Building Height Requirements 38.320.010-.060 Yes Lot coverage 16.1 % Allowed 50% Height Varies from 30’ 5” to 41’ 7” Allowed <3:12 = 40-feet =/>3:12 = 50-feet Yes Comments: The proposed buildings must meet R-4 height and lot coverage standards. The following table demonstrates proposed height per building: BLDG HEIGHT PITCH ALLOWED BLDG A 41' 7" 3:12 50' BLDG B 41' 9" 3:12 50' BLDG C 41' 5" 3:12 50' BLDG D 41' 5" 3:12 50' BLDG E 41' 9" 3:12 50' BLDG F 41' 9" 3:12 50' BLDG G 30' 7" 6:12 50' BLDG H 41' 9" 3:12 50' BLDG I 30' 7" 6:12 50' BLDG J 30' 7" 6:12 50' BLDG K 30' 7" 6:12 50' BLDG L 30' 7" 6:12 50' 24 Staff Report Homestead at Buffalo Run Site Plan Review Application 21424 October 12, 2022 Page 15 of 24 BLDG M 30' 7" 6:12 50' BLDG N 30' 7" 6:12 50' BLDG O 30' 7" 6:12 50' DUPLEX 30' 5" 10:12 50' Overlay District Standards (NCOD) 38.340 NA Comments: NA General land use standards and requirements 38.350 Yes Comments: Project will be required to meet all applicable standards of 38.350 including permitted setback encroachments. Applicable supplemental use criteria 38.360 Yes Supplemental uses/type Rowhouses, 1-4 household dwellings, Ag. Water User Facilities NA Comments: There are three applicable supplemental use criteria applicable to the proposed project: rowhouse dwellings, 1-4 household dwellings, and agricultural water user facilities. These requirements are summarized below:  1-4 household dwellings. Since the two-household dwellings are not proposing individual drive access or garages from the street, and no alleys are present, the only applicable criteria is the requirement for a clear and obvious pedestrian access between the sidewalk and a building entry that faces the street. The current design is meeting this plan with walkways to be provided directly to front doors facing the street, as well as internal walkways that connect the units to common amenities and parking.  Agricultural water user facilities. Also see Section 6b below. Pursuant to notification procedures at 38.360.280, the developer has made a reasonable effort to identify entities that own water rights conveyed within the existing irrigation ditches along Fowler Lane (hereafter “ditch easement holders”). Five distinct ditch easement holders were identified with water rights conveyed in these ditches (Middle Creek Ditch Company, West Gallatin Canal Company, Montana State University, Bradley Family Revocable Trust, and Haggerty Family LLC). The developer has documented its coordination efforts with these identified ditch easement holders with particular emphasis given to impacts related to the relocation of the east Fowler Lane irrigation ditch into the west Fowler Lane irrigation ditch. In accordance with 38.410.060.D.3, the developer’s professional engineer has certified that water entering and exiting the relocated/combined ditch is the same quality and amount of water that entered or exited the existing separated ditch facilities prior to the relocation. Culverts on the relocated/combined ditch are being upgraded from various smaller diameters to 36” diameter culverts for crossing existing driveways accessing properties on the west side of Fowler Lane. The relocated/combined ditch will remain as an open channel conveyance. Sec. 70-17-112 Montana Code Annotated requires written consent from ditch easement holders if encroachment or impairment of a ditch easement occurs. The developer has received written consent for the ditch relocation from West Gallatin Canal Company and Bradley Family Revocable Trust. Written consent from the remaining three parties was not obtained despite multiple attempts over significant periods of time. Notwithstanding the absence of written consent from Montana State University, Middle Creek Ditch Company and Haggerty Family LLC, the City finds that material encroachment or interference of the relocated/combined ditch easement does not occur and that the development complies with Sec. 70-17-112 MCA because: 1) The combined/relocated ditch is certified by a professional engineer to have adequate capacity to convey the water rights of all entities with existing rights to convey water in the existing separated ditches and will not adversely impact water quality; 2) existing driveway culverts on the west side of Fowler Lane of various smaller diameters will be will be improved to 36” 25 Staff Report Homestead at Buffalo Run Site Plan Review Application 21424 October 12, 2022 Page 16 of 24 diameter culverts; 3) more water will be conveyed in the combined/relocated ditch facility than historically did in the existing separated ditches thus increasing the quantity of carriage water in the combined/relocated ditch from the point of diversion from the Middle Creek Ditch Company canal mainline to respective places of use of the ditch easement holders; 4) the historic manner in which maintenance has occurred on the existing separate ditches will not be disrupted or interfered with since the combined/relocated ditch will remain an open channel within the existing Fowler Lane county road right-of-way.  Rowhouse dwellings. 1. Parking and garage access. No individual garages facing the street are proposed with this application. Buildings with five attached units comply with landscape block frontage standards. See Section 7 below. 2. Primary pedestrian access internally. The primary pedestrian accesses are proposed to face the public right of way. Garages will be accessed internally. 3. Internal drive aisle standards. Internal drive aisles are of adequate width to meet fire code and were reviewed by the Fire Department. No projections are proposed. Building separation is not applicable. 4. Usable open space. Private open space directly adjacent and accessible to dwelling units is to be provided via 12’ x 12’ patios and roof decks for each rowhouse and is equal to 10% of each unit’s living space. See sheet S5 for the open space plan. 5. Building design. Repetition with variety is provided via alternating design patterns per unit. For example, building L changes materials, rooftop patio locations, and roofline per unit, see A4.01 for building L elevations. Wireless facilities 38.370 NA Affordable Housing 38.380.010 NA NA Affordable housing plan NA Comments: NA 6a(1). Conformance with the community design provisions of article 4: Transportation facilities and access 38.400 Meets Code? Street vision Yes Yes Secondary access Yes Traffic Impact Study / LOS Yes Transportation grid adequate to serve site Yes Yes Comments: A TIS prepared by a professional engineer was fully evaluated by the Engineering Division and it has been found to meet City standards for peak trip generation and level of service. 7 new vehicular drive accesses are proposed across the full build to access garages and surface parking. 3 accesses will be located from Kurk Drive, 3 from the new Homestead Avenue, and 1 from the new Buffalo Run Avenue. Off-site improvements necessary to facilitate traffic include Fowler Lane improvements to the City street standard from Blackwood Road to Stucky Road are required with the development. As well, as improvements to 27th Avenue from Kurk Drive to Graf Street. This includes road improvements, water and sewer mains, and storm sewer with L.I.D. storm ponds to Fowler Lane, and roadway improvements and utility improvements and extensions to 27th Avenue. Street dedication NA Yes Drive access locations and widths Yes Number of drive accesses 7 Yes Street easements Yes Special Improvement Districts No Yes 26 Staff Report Homestead at Buffalo Run Site Plan Review Application 21424 October 12, 2022 Page 17 of 24 Comments: See above comments regarding transportation and drive accesses. A 20-foot public street and utility easement has been provided by the applicant for the design of Fowler Lane. Two 30-foot public access and utility easements are proposed for the extension of Kurk Drive to Fowler Lane. A 60-foot public access easement is to be provided for both Avenue’s B and C, now named Homestead Avenue, and Buffalo Run Avenue. All proposed roadways will also provide 10-foot public utility easements. See Appendix J for the easement exhibit. Parking requirements of 38.540 Required parking nonresidential 0 Yes Required parking residential 489 Reductions nonresidential 0 Reductions residential 0 Provided parking off street 465 On street parking 89 Comments: The provided parking plan accounts for 1, 2, and 3 bedroom units at 1.5 spaces per 1 bedroom unit, 2 spaces per 2 bedroom unit, and 3 spaces per 3 bedroom unit. On-street spaces are to be provided on Kurk Drive, Homestead Ave. and Buffalo Run Ave. only. Adequate bicycle parking is provided via Central north-south internal walkways and adjacent to buildings. The proposed bicycle racks meet the design standards and spacing required in this section. See sheet S3 for the proposed parking plan. 6a(2). Conformance with the community design provisions of article 4: Pedestrian and vehicular ingress and egress 38.400 Meets Code? Design of the pedestrian and vehicular circulation systems to assure that pedestrians and vehicles can move safely and easily both within the site and between properties and activities within the neighborhood area Yes Vehicle accesses to site 7 Yes Pedestrian access location(s) Yes Site vision triangles Yes Fire lanes, curbs, signage and striping Yes Non-automotive transportation and circulation systems, design features to enhance convenience and safety across parking lots and streets, including, but not limited to paving patterns, grade differences, landscaping and lighting Yes Crosswalks Yes Curb ramps Yes Pedestrian lighting Yes Comments: Two main 30-foot east-west pathways are proposed through the site connecting Buffalo Run Avenue and the public park, to Homestead Avenue and the proposed community pavilion and neighborhood center, as well as a primary 10-foot north-south pathway connecting Kurk Drive to the southern pedestrian sidewalk system and open space. Concrete crosswalks are proposed where pathways cross internal drive aisles. Curb ramps are proposed for all crossings. Secondary walkways are proposed around buildings and parking lots, through open space areas, and will connect residents to all service areas, open space, and the public sidewalk system. Adequate connection and integration of the pedestrian and vehicular transportation systems to the systems in adjacent development and the general community Yes Access easements 3 pedestrian of varying widths. Yes Dedication of right-of-way or easements necessary for pedestrian, shared use pathway and similar transportation facilities NA Comments: 3 public access easements are proposed to facilitate pedestrian circulation through the master site plan. These easements vary in width from 10-30 feet. 27 Staff Report Homestead at Buffalo Run Site Plan Review Application 21424 October 12, 2022 Page 18 of 24 6a(3) Loading and Unloading areas Meets Code? Loading and unloading area requirements 38.540.080 NA Loading and unloading NA NA First Berth (min. 70 feet length, 12 feet in width and 14 feet in height) NA NA Additional Berths (min. 45 feet length) NA NA Comments: No off-street loading berths are required for this application. 6b Community design and element provisions 38.410 Meets Code? Lot and block standards 38.410.040 Yes Rights of way for pedestrians alternative block delineation Yes Comments: One north-south mid-block crossing is proposed with the associated easement, landscaping, and setbacks. The pathway meets this standard and will provide connectivity from Kurk Drive to the southern open space area. Provisions for utilities including efficient public services and utilities 38.410.050-060 Yes Municipal infrastructure requirements Yes Easements (City and public utility rights-of-way etc.) Yes Water, sewer, and stormwater Yes Other utilities (electric, natural gas, communications) Yes CIL of water Yes Comments: Infrastructure requirements for transportation and utility service has been evaluated by engineering with this application including water and sewer demand, stormwater design, and traffic impacts. Design of new infrastructure for the project will be evaluated by engineering with the required infrastructure submittal. All required public easements to facilitate services have been evaluated and are required to be provided prior to final plan approval. Regarding the existing irrigation ditches: 1) The existing ditch lateral traversing the subject property will be removed pursuant to the authority at 38.410.060.D.5, invoking 38.410.060.D.2 as the basis for said removal. The developer has provided evidence that water rights conveyed in this ditch that are appurtenant to the subject property as well as offsite properties downstream of the subject property have been properly terminated, thus a filed ditch easement for this ditch lateral that is to be removed is not necessary. 2) Filed irrigation ditch easements are not required for the irrigation ditches located in the existing barrow ditches on either side of Fowler Lane. These ditches are situated within the existing county road right-of-way easement for Fowler Lane and reside within existing prescriptive or use easements. The existing irrigation ditch on the east side of Fowler Lane will be relocated offsite into the existing ditch on the west side of Fowler Lane to support the required expansion of Fowler Lane associated with the development. Because the west irrigation ditch is situated off the subject property within an existing county road right-of-way easement for Fowler Lane, the developer does not have authority to grant and file an irrigation ditch easement for the west irrigation ditch. The existing prescriptive or use easement for this west ditch remains effective for purposes of ditch access and maintenance. A filed irrigation ditch easement for the existing east Fowler Lane ditch is not necessary because this east ditch will be relocated into the existing prescriptive or use easement for the west Fowler Lane ditch. 28 Staff Report Homestead at Buffalo Run Site Plan Review Application 21424 October 12, 2022 Page 19 of 24 3) Pursuant to notification procedures at 38.360.280, the developer has made a reasonable effort to identify entities that own water rights conveyed within the existing irrigation ditches along Fowler Lane (hereafter “ditch easement holders”). Five distinct ditch easement holders were identified with water rights conveyed in these ditches (Middle Creek Ditch Company, West Gallatin Canal Company, Montana State University, Bradley Family Revocable Trust, and Haggerty Family LLC). The developer has documented its coordination efforts with these identified ditch easement holders with particular emphasis given to impacts related to the relocation of the east Fowler Lane irrigation ditch into the west Fowler Lane irrigation ditch. In accordance with 38.410.060.D.3, the developer’s professional engineer has certified that water entering and exiting the relocated/combined ditch is the same quality and amount of water that entered or exited the existing separated ditch facilities prior to the relocation. Culverts on the relocated/combined ditch are being upgraded from various smaller diameters to 36” diameter culverts for crossing existing driveways accessing properties on the west side of Fowler Lane. The relocated/combined ditch will remain as an open channel conveyance. Sec. 70-17-112 Montana Code Annotated requires written consent from ditch easement holders if encroachment or impairment of a ditch easement occurs. The developer has received written consent for the ditch relocation from West Gallatin Canal Company and Bradley Family Revocable Trust. Written consent from the remaining three parties was not obtained despite multiple attempts over significant periods of time. Notwithstanding the absence of written consent from Montana State University, Middle Creek Ditch Company and Haggerty Family LLC, the City finds that material encroachment or interference of the relocated/combined ditch easement does not occur and that the development complies with Sec. 70-17- 112 MCA because: 1) The combined/relocated ditch is certified by a professional engineer to have adequate capacity to convey the water rights of all entities with existing rights to convey water in the existing separated ditches and will not adversely impact water quality; 2) existing driveway culverts on the west side of Fowler Lane of various smaller diameters will be will be improved to 36” diameter culverts; 3) more water will be conveyed in the combined/relocated ditch facility than historically did in the existing separated ditches thus increasing the quantity of carriage water in the combined/relocated ditch from the point of diversion from the Middle Creek Ditch Company canal mainline to respective places of use of the ditch easement holders; 4) the historic manner in which maintenance has occurred on the existing separate ditches will not be disrupted or interfered with since the combined/relocated ditch will remain an open channel within the existing Fowler Lane county road right-of-way. 4) CILWR have been determined by the city engineer to be $250,034.00. This amount must be paid prior to final plan approval. Site Surface Drainage and stormwater control 38.410.080 Yes Location, design and capacity Yes Landscaping per 38.410.080.H Yes Comments: Reviewed by the Engineering Department. Most stormwater facilities are to be underground infiltration chambers, with one surface level stormwater facility at the west side of the site. This facility meets the landscaping requirements in this section for a shallow depression. Grading 38.410.080 Yes Maximum 1:4 slope requirements met NA Comments: Grading reviewed by the Engineering Department. 6c. Park and recreation requirements 38.420 Meets Code? Enhancement of natural environment Yes Wildlife habitat or feeding area preservation NA Maintenance of public park or public open space access Yes Park/Recreational area design Yes Parkland Cash-in-lieu for maximum known density not to exceed 12 units/acre (ac.). Yes 29 Staff Report Homestead at Buffalo Run Site Plan Review Application 21424 October 12, 2022 Page 20 of 24 Land Dedication Required: 2.26 Acres Parkland Area Provided: 2.06 Acres Cash donation in-lieu(CIL) NA NA Improvements in-lieu 0.2 Acres IILP proposed 0.2 Acres x 43,560 SF/Acre x $2.07/SF = $18,033.84 Yes Comments: Required parkland is to be provided via a combination of new park with baseline improvements, and improvements-in-lieu of parkland above and beyond the baseline. A new 2-acre park with associated public landscaping and irrigation is to be provided adjacent to the existing Ainsworth Park within the Meadow Creek Subdivisions. Preservation of the existing willow and cottonwood stands is proposed, as well as a connection to the existing trail system that leads to the larger adjacent park system. IILP improvements include a dog park, basketball court, and additional landscaping and trail improvements. The master park plan was evaluated by the Parks Department and found to meet standards. Two conditions of approval related to parkland require evaluation of the capacity of the existing irrigation well, and procedural requirements for new park development. 7a-c. Conformance with the project design provisions of Article 5, Compatibility, Design and Arrangement Meets Code? Compatibility with, and sensitivity to, the immediate environment of the site and the adjacent neighborhoods and other approved development relative to architectural design, building mass, neighborhood identity, landscaping, historical character, orientation of buildings on the site and visual integration Yes Block Frontage Standards 38.510 Yes Comments: The application is meeting block frontage standards for four street frontages, as well as internal special residential frontages, and the east-west park/trail frontages. Kurk Drive, Homestead Avenue, and Buffalo Run Avenue are primary frontages designated as landscaped. Fowler Lane is proposed to be a mixed block frontage with nearby buildings designed to the mixed-landscaped standard. The two-household dwelling structures are exempt from block frontage requirements. Buildings A, B, C, D, E, F, G, H, K, and L are all subject to block frontage requirements. G, K, and L are proposed rowhouse buildings with frontages on Buffalo Run Avenue, and the northern east-west internal trail. The landscaped block frontage requirements for Buffalo Run Avenue Include, building placement of a minimum 10-feet which is met, directly accessible building entrances which is met, façade transparency of 15% which is met, 3-foot minimum deep weather protection which is met, and parking, landscaping, and sidewalk width requirements which are met. Building K is required to meet the mixed block frontage requirements per the trail/park requirements. The application provides the minimum 10-foot mixed-landscaped setback, as well as the 15% residential transparency. A pedestrian connection to the trail is provided to the front of each rowhouse unit, with adequate weather protection. The apartment buildings in buildings A, B, C, D, E, F and H are meeting their respective frontages on either the trail, or Homestead Avenue, or Fowler Lane. B, C, D, and F are subject to the trail frontage along the central east-west trail and the southern pedestrian sidewalk. Direct pedestrian connections are provided to primary building entrances, transparency is provided, and landscaping reflects the mixed block frontage requirements for trails. A, E, and H meet all requirements of the landscaped, and mixed-landscaped frontages. Special residential frontages exist internal to the site and the applicant has opted for both options 1 and 2 as outlined in this code section. Option 1 requires a deck or porch raised 1’ from grade with at least 60 square feet of area. Option 2 requires a minimum 10-foot setback from the adjacent internal sidewalk. The site plan under sheet S2 shows where either option 1 or option 2 is proposed to be employed. Sheet 70.01 provides details for the patios to be used to meet option 1. Site Planning and Design Elements 38.520 Yes Design and arrangement of the elements of the plan (e.g., buildings, circulation, open space and landscaping, etc.) so that activities are integrated with the organizational Yes 30 Staff Report Homestead at Buffalo Run Site Plan Review Application 21424 October 12, 2022 Page 21 of 24 scheme of the community, neighborhood, and other approved development and produce an efficient, functionally organized and cohesive development Relationship to adjacent properties 38.520.030 NA Non-motorized circulation and design 38.520.040 Yes Vehicular circulation and parking 38.520.050 Yes Comments: Non-motorized circulation requirements are met with this application. Direct pedestrian access is provided from all unit entries to the public street where not directly adjacent, as well as to parking areas, park & recreation areas, service areas, and open space. Internal crosswalks are proposed as concrete. Adequate paths through parking lots are provided. Connections to the adjacent property to the south are provided with the proposed street/sidewalk grid and the two new north-south avenues, with the option of continuing the mid-block crossing further south. Pathway design is met with appropriate sidewalk widths, and landscaping strips where required. Bicycle parking is appropriately located adjacent to primary pathways. Design and arrangement of elements of the plan (e.g., buildings circulation, open space and landscaping, etc.) in harmony with the existing natural topography, natural water bodies and water courses, existing vegetation, and to contribute to the overall aesthetic quality of the site configuration Yes Comments: The applicant has proposed to retain an existing pond and develop an open space area around it including a community pavilion, landscaping, and seating. Existing uses of the site are primarily agricultural. The applicant has not indicated that any existing trees will be preserved. The existing home is proposed to be preserved and converted to a neighborhood center. Building Design 38.530 Yes Comments: Building design applies to all buildings in this application except the two-household dwellings. Building design for the rowhouses is evaluated briefly above in terms of repetition with variety. These buildings are also required to also comply with the building articulation standards in section 38.530.040.C measured at the width of each unit. The application meets these requirements for the various rowhouse buildings by utilizing changes in building material, use of vertical elements, and use of building materials. Of the 7 apartment buildings, there are two types of apartment building in the application that are over 150’ in length which can be represented by buildings A and B. Building A utilizes deep roofline modulation and rooflines at varying heights to break the building up into 3 bays with open air stairways leading to each floor. General articulation requirements are also met with the use of entries, vertical columns, and the use of windows. Building B utilizes vertical modulation at the primary entries to break the building up into smaller modules, as well as material changes, and roofline changes to mitigate building length. General articulation is achieved by materials, windows, and balconies. These designs are carried through the other apartment buildings utilizing either the style of building A, or building B. Building materials vary depending on the design and building type. Building design A utilizes horizontal and vertical lap siding, stucco, and wood finishes. Building design B, utilizes horizontal and vertical lap siding, and wood finishes. The rowhouses utilize vertical and horizontal siding in various colors, stucco, and wood finishes. The primary lap siding used for all structures is a combination of LP Smartside which is an engineered wood product and not a cementitious wall board, as well as cement board siding. All structures will utilize vinyl windows with various frame colors and metal railings at the balconies. The application is meeting the articulation and design standards of this section. 7d. Conformance with the project design provisions of Article 5, Landscaping including the enhancement of buildings, appearance of vehicular use, open space and pedestrian area and the preservation of replacement of natural vegetation Meets Code? Submittal requirements for landscape plans 38.220.100 Yes Mandatory landscaping 38.550.050 Yes Yard Yes Additional screening NA 31 Staff Report Homestead at Buffalo Run Site Plan Review Application 21424 October 12, 2022 Page 22 of 24 Parking lot screening Yes Interior parking lot landscape Yes Off-street loading spaces screening NA Street frontage Yes Street median island NA Acceptable landscape materials Yes Protection of landscape areas NA Irrigation: plan, water source, system type Yes Trees for residential adjacency NA City rights-of-way and parks Yes Tree plantings for boulevard ROW, drought-resistant seed Yes Public ROW boulevard strips Yes Irrigation and maintenance provisions for ROW Yes State ROW landscaping NA Additional NA NA Fencing and walls NA NA Comments: The provided landscaping plan conforms to standards. Site planning and design required 38.520 Yes Pedestrian area landscaping, including pathways and internal circulation 38.520.040 Yes Internal roadway landscaping 38.520.050 NA Open space landscaping 38.520.060 Yes Service area and mechanical equipment landscaping and screening 38.520.070 Yes Open space Yes Comments: The provided landscaping plan conforms to standards 7e. Conformance with the project design provisions of Article 5, Open Space Meets Code? Open Space Section 38.520.060 Yes Total required 29,132 SF for both apts. and rowhouses Yes Total provided 40,199 SF for both apts. and rowhouses Yes Comments: Residential open space is required for both the apartment buildings and rowhouses. Rowhouse open space is discussed above and must be provided adjacent to each unit. The applicant is providing 12,565 SF of rowhouse open space as private open space on patios, which meet the requirements for rowhouses in article 3. The application proposes 27,634 SF of shared open space in two areas. The first area is the community pavilion and yard surrounding the pond feature on the west side of the lot. This area is over 11,800 SF and features landscaping, seating, and lighting. The other shared open space area is over 15,700 square feet in a lawn adjacent to the southern east-west pedestrian path. These areas meet the shared open space requirements of this section including their dimensions, pathways, lawns, seating, and lighting, and are open to all residents of the development. The application delineates the minimum open space required on sheet S5, but additional areas will be available to the residents of the development at full building out including BBQ areas, and a neighborhood center, which has not yet been designed. The neighborhood center will most likely count as an indoor recreational area. 7f. Conformance with the project design provisions of Article 5, Lighting 38.570 Meets Code? Building-mounted lighting (cutoff and temperature) Yes 32 Staff Report Homestead at Buffalo Run Site Plan Review Application 21424 October 12, 2022 Page 23 of 24 7g. Conformance with the project design provisions of Article 5, Signage 38.560 Meets Code? Allowed (sq. ft)/building NA NA Proposed (sq. ft) NA Comments: No signage is proposed at this time. The development is eligible to place signs at each entrance based on the residential complex identification signage provisions in this section for residentially zoned districts. A sign permit is required prior to the construction of any new signage. 8a-c. Conformance with environmental and open space objectives in articles 4- 6 Meets Code? Enhancement of natural environment: Integrated stormwater, LID, removal of inappropriate fill Yes Grading Yes On-site retention/detention Yes Comments: Reviewed by Engineering Department. Drainage design Yes Stormwater maintenance plan 38.410.030.A Yes Stormwater feature: landscaping amenity, native species, curvilinear, 75% live vegetation Yes Comments: A shallow above ground stormwater facility is proposed and conforms to landscaping. The rest are underground chambers. Watercourse and wetland protections and associated wildlife habitats NA If the development is adjacent to an existing or approved public park or public open space area, have provisions been made in the plan to avoid interfering with public access to and use of that area Yes Comments: Man-made wetlands exist on the site are were determined to be jurisdictional by the US Army Corp of Engineers (USACE). Man-made wetlands are not subject to City wetlands review. Permits addressing any impacts or mitigation measures must be provided prior to final site plan approval. 9. Conformance with the natural resource protection provisions of articles 4-6 Meets Code? Watercourse setback 38.410.100 NA Watercourse setback planting plan NA Floodplain regulations 38.600 NA Wetland regulations 38.610 NA Comments: See above regarding man-made wetlands and requirements. No watercourses are present on the site. 10. Other related matters, including relevant comment from affected parties 38.220 Meets Code? Public Comment Yes Comments: Public notice was conducted and is detailed on page 1 of this report. Four letters of public comment were received. This public comment will be summarized in the final staff report to be presented Site lighting (supports, cutoff and temperature) Yes Minimum light trespass at property line Yes Comments: This project has several lighting components, building mounted lighting, parking lot and site lighting, and streetlights. Two types of LED street lights are proposed and were reviewed by engineering. Two types of LED parking lot lighting was proposed, and bollard lights are proposed at walkways and open space areas. All proposed lighting meets the cutoff and intensity requirements of this section. 33 Staff Report Homestead at Buffalo Run Site Plan Review Application 21424 October 12, 2022 Page 24 of 24 to the Director of Community Development, and provided for the Director’s review. Public comment may be reviewed in the City’s Laserfiche repository. 11. If the development includes multiple lots that are interdependent for circulation or other means of addressing requirement of this title, whether the lots are either: Configured so that the sale of individual lots will not alter the approved configuration or use of the property or cause the development to become nonconforming OR Are the subject of reciprocal and perpetual easements or other agreements to which the City is a party so that the sale of individual lots will not cause one or more elements of the development to become nonconforming. 38.410.060 Meets Code? Subdivision exemption NA NA Required Easements Yes Yes Reciprocal access and shared parking easement No NA Mutual access easement and agreement No NA Comments: The site is all one lot so no lot line changes, of access agreements are necessary. Several public easements are required to facilitate public access, utilities, and stormwater. These easements are detailed in the project documents folder of the application. 12. Phasing of development 38.230.020.B including buildings and infrastructure Meets Code? Phasing No # of phases 3 Yes Comments: The project is proposed to be completed in three phases with building sequencing within each phase for occupancy. All off-site construction and infrastructure is required prior to any occupancy. However, the applicant proposes to be working on all phases simultaneously to meet the maximum two year entitlement for this site plan. The apartment buildings are proposed to be “system built” and will be 90% constructed in a factory and shipped to the site for placement. The rowhouses and duplex buildings will be stick-built construction. Concurrent construction has been requested and approval is required prior to final plan approval. 34 Memorandum REPORT TO:Community Development Board FROM:Nakeisha Lyon, Associate Planner Brian Krueger, Development Review Manager Anna Bentley, Community Development Interim Director SUBJECT:Design recommendation regarding the Bozeman Design Center Site Plan proposal to develop a 37,929 square foot three-story retail and office building on Lot 1, Block 2 of the Ferguson Farm Subdivision with associated parking spaces, pedestrian pathways, open space areas, stormwater infrastructure, and landscaping, Application 21480 MEETING DATE:October 17, 2022 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION:Recommend approval of the site plan with a departure subject to conditions and all applicable code provisions, application 21480, to the Community Development Director as presented. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:This review is in front of the Community Development Board as their capacity to act as the Design Review Board (DRB). The Bozeman Municipal Code (BMC) 38.230.040 sets specific thresholds for projects that need the review of the DRB, or Community Development Board. This site plan proposes more than 30,000 square feet of office and retail space. Therefore, pursuant to sections 38.210.010 and 38.230.040, The Community Development Board (CDB) acting as the Design Review Board (DRB) authority is required to make advisory comments and a recommendation to the Community Development Director on this site plan application. The DRB was 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'. This site plan application proposes to construct an approximately 37,929 square foot three-story retail and office building known as the Bozeman Design Center. The proposed building will create several tenant spaces to 35 serve retail, office, and warehouse uses within the Ferguson Farms Subdivision. Each level of the building ranges in a net total of floor area from 12,873 sf to 13,978 sf for a building net floor area of 39,712 sf. The proposed development will include the construction of asphalt paving and curbing for 41 vehicular parking spaces to the south and west of the proposed building. Additional parking spaces will be provided through the joint parking agreement serving the Ferguson Farms Subdivision to accommodate the 138 vehicular parking spaces required. The applicant proposes approximately 1,371 sf feet of usable open space to the proposed building. Services to the proposed building will be provided by existing utilities running to the lot from Valley Commons Drive from the north. On-site improvements include the construction of parking, snow storage, raised sidewalks, landscaping, lighting and irrigation. The Applicant has requested one departure for tree grate spacing in regards to pathway design for multi-tenant commercial buildings 100 feet or more in length abut parking lots pursuant to BMC 38.520.040.D.4. Please refer to page 2 of the Staff Report for additional information and discussion. To view all submitted documents, navigate here. UNRESOLVED ISSUES:There are no unresolved issues. ALTERNATIVES:There are no alternatives unless otherwise identified by the Board. FISCAL EFFECTS:Fiscal impacts are undetermined at this time, but will include increased property tax revenues from new development, along with increased costs to deliver municipal services to the property. Impact fees will be collected at the time of issuance of building permits associated with this development along with City sewer and water connection fees. Attachments: 21480_StaffReport_CommDevBoard.pdf 002 C2.0 Civil Site Plan.pdf 008 A0.02 3D VIEWS.pdf 009 A0.03 3D VIEWS.pdf 016 A3.01 EXTERIOR ELEVATIONS.pdf 017 A3.02 TRANSPARENCY SIGNAGE WEATHER PROT.pdf 018 A3.03 EXTERIOR MATERIAL BOARD.pdf 021 L-1 LANDSCAPE PLANTING PLAN.pdf Report compiled on: October 13, 2022 36 Community Development Board Staff Report Bozeman Design Center Site Plan Application 21480 October 13, 2022 Page 1 of 23 Application No. 21480 Type Site Plan Project Name Bozeman Design Center Summary This site plan application proposes the construction of a three-story retail and office building on Lot 1, Block 2 of the Ferguson Farm Subdivision. This proposed development includes the construction of joint use parking spaces, commercial open space areas, and associated design and infrastructure improvements pertaining to the landscaping, irrigation, lighting and pedestrian pathways. Zoning B-2 Growth Policy Community Commercial Mixed Use Parcel Size 1.49 acres Overlay District(s) None Street Address 735 Boardwalk Avenue, Bozeman, MT 59718 Legal Description Legal Description: Lot 1, Block 2 of Ferguson Farm Subdivision, Acres 1.4851, of Plat J-563, located in Section 10, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana. Owner Steve Langlas, Bill & Tidds Excellent LLC, 1019 East Main Street, Bozeman, MT 59715 Applicant Kylee Keller, Studio H Design, 81211 Gallatin Road, Suite E, Bozeman, MT 59718 Representative Ryan Hudock, IMEG, 1019 Stoneridge Drive, Bozeman, MT 59718 Staff Planner Nakeisha Lyon Engineer Alicia Paz-Solis Noticing Public Comment Period Site Posted Adjacent Owners Mailed Newspaper Legal Ad 09/29/2022 to 10/13/2022 09/29/2022 09/29/2022 N/A Advisory Boards Board Date Recommendation Development Review Committee 01/19/2022 Inadequate for Further Review With Applicable Conditions and Code Provisions Development Review Committee 07/13/2022 Inadequate for Further Review With Applicable Conditions and Code Provisions Development Review Committee 09/15/2022 Inadequate for Further Review With Applicable Conditions and Code Provisions Development Review Committee 09/23/2022 Adequate for Further Review With Applicable Conditions and Code Provisions Community Development Board (Design Review Board) 10/17/2022 TBD Recommendation Sufficient for approval with conditions and code provisions. Decision Authority Director of Community Development Date: 10/13/2022 Motion: “Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 21480 and move to recommend approval of the site plan application with departure request subject to conditions and all applicable code provisions.” 37 Community Development Board Staff Report Bozeman Design Center Site Plan Application 21480 October 13, 2022 Page 2 of 23 PROJECT SUMMARY This site plan application proposes to construct an approximately 37,929 square foot three-story retail and office building known as the Bozeman Design Center. The proposed building will create several tenant spaces to serve retail, office, and warehouse uses within the Ferguson Farms Subdivision. The subject property is 1.48 acres located within the B-2, Community Business District. Each level of the building ranges in a net total of floor area from 12,873 sf to 13,978 sf for a building net floor area of 39,712 sf. The proposed development will include the construction of asphalt paving and curbing for 41 vehicular parking spaces to the south and west of the proposed building. Additional parking spaces will be provided through the joint parking agreement serving the Ferguson Farms Subdivision to accommodate the 138 vehicular parking spaces required. The applicant proposes approximately 1,371 sf feet of usable open space to the proposed building. Services to the proposed building will be provided by existing utilities running to the lot from Valley Commons Drive from the north. On-site improvements include the construction of parking, snow storage, raised sidewalks, landscaping, lighting and irrigation. This site plan proposes more than 30,000 square feet of office and retail space and vehicular parking. Therefore, pursuant to sections 38.210.010 and 38.230.040, The Community Development Board (CDB) acting as the Design Review Board (DRB) authority is required to make advisory comments and a recommendation to the Director on this site plan application. The DRB is established to ‘evaluate aesthetic considerations of larger and more complex proposals which are likely to produce significant community impact and to provide recommendations regarding such proposals to the review authority'. The Community Development Board meeting will occur on Monday, October 17, 2022 in person at 6:00 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 agenda is available at https://www.bozeman.net/meetings. The public notice period begun on September 29, 2022 and ended October 13, 2022. Within 10 days of the closing of the public comment period, the Interim Director of Community Development will make the final decision on this application. DEPARTURES REQUESTED 1. Standard: BMC 38.520.040.D.4. Pathway design where multi-tenant commercial or mixed-use buildings 100 feet or more in length abut parking lots. Such pathways must feature a 12-foot wide sidewalk with: a. Eight feet minimum unobstructed width: b. Trees, as approved by the review authority, placed at an average of 50 feet on- center and placed in grates or in planting strips as set forth in subsection C below. Departure: Breaks in the tree coverage will be allowed near major building entries to enhance visibility. c. Planting strips may be used between any vehicle access or parking area and the pathway, provided that the trees required above are included and the pathway meets the applicable width standards herein, and the combined pathway and planting strip is at least 12 feet wide. 38 Community Development Board Staff Report Bozeman Design Center Site Plan Application 21480 October 13, 2022 Page 3 of 23 a. Departure: BMC 38.520.040.D.4.b. Trees. Breaks in the tree coverage will be allowed near major building entries to enhance visibility. b. Applicant’s Response: The applicant has requested a departure from the tree requirements along the southern façade of the building. The applicant requests to have increased spacing between tree grates more than the typical 50- foot spacing due to the client’s desire for enhanced building entrance visibility. The sidewalk on the south side of the building as proposed is only 11.6’ wide, which is in conformance the previously approved Master Site Plan and the existing sidewalk to the east along the Market at Ferguson Farms in which this pedestrian pathway will connect to. c. Staff Evaluation: Staff acknowledges and supports the departure request for the tree placements along the southern side of the facility as the proposed design and justification provided by the applicant meets the departure criteria denoted in Sec. 38.520.040.D.4.b. The proposed tree grate locations along this area allows for the three building entrances to be more visible while providing adequate tree coverage along this façade in tune with the existing trees along the existing sidewalk to the east along the Market at Ferguson Farms. Building. These entrances are not major entrances, however, due to their orientation towards these parking spaces, and Huffine Lane, this area may function as a major entrance for those visiting the subject property. The sidewalks along internal drive aisles and abutting parking spaces were previously approved at 10’ in width in the Ferguson Farms Master Site Plan. Staff supports the proposed sidewalk along this façade to be less than 12’ in width to be consistent with the existing pathways within the overall development. Figures 1-2: South Façade Perspective and Ferguson Farm 1 Master Site Plan 39 Community Development Board Staff Report Bozeman Design Center Site Plan Application 21480 October 13, 2022 Page 4 of 23 CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. Additional conditions of approval and code corrections are required and will be included with the final report provided to the Director of Community Development. Recommended Conditions of Approval: 1. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. For any transparent design elements such as windows and doors, please provide a glass sample and corner window sample prior to the approval of a building permit for this proposed development. 3. Please provide clear explanation of how the changes in the joint use parking agreement modification will impact provide parking to serve this site. From the last response on how parking is provided, parking from Town and Country is being utilized the serve this site. If this is still the case, this project will be stuck in preliminary approval until 1) the modification receives final approval, and 2) Town and Country is built with the parking needed to serve this project. 4. Please correct the weather protection call out on Sheet A3.02 to reflect “North” instead of “South”. CODE PROVISIONS 1. BMC 38.230.150 - Amendments to plans. A MSP Modification (Project No, 22042) has been reviewed and conditionally approved to address changes in the joint use parking plan and tracking mechanism and the proposed building’s use (grocery store to office/retail) for Ferguson Farms 1. All of the conditions listed in the conditional approval letter for Project No. 22042 must be addressed and final approval must be granted prior to final approval of this Site Plan. a. In a future modification or in completing the final conditions of the most recent modification application, please include the newly proposed parking spaces to the west of this building on the Master Site Plan and ensure those parking spaces have been included in the joint parking agreement/tracking table. 2. BMC 38.350.050.D.2.a. Height limitations. The parapet walls/mechanical screening mechanism on the roof cannot extending more than four feet above the limiting height of the building. Please redesign this feature to be in conformance with this provision. 3. BMC 38.410.130 - Water Rights. The applicant must contact Griffin Nielsen with the City Engineering Department to obtain a determination of cash-in-lieu of water rights (CILWR). CILWR must be paid prior to site plan approval. 4. 38.540.050.A.2. Required Parking Spaces for Non-Residential Uses. Only 118 parking spaces are required based on the proposed square footage for each use and the .85 factor required to be used in the code. Please revise the parking calculations accordingly or provide a clear explanation to why extra parking spaces are being provided. 5. BMC 38.540.060. Joint use of parking facilities. Please provide clear explanation of how the changes in the joint use parking agreement modification will impact provide parking to serve this site. From the last response on how parking is provided, parking from Town and Country is being utilized the serve this site. If this is still the case, this project will be stuck in preliminary approval until 1) the modification receives final approval, and 2) Town and Country is built with the parking needed to serve this project. Additionally, please verify that the newly proposed parking lot spaces are included in the joint use parking mechanism. 40 Community Development Board Staff Report Bozeman Design Center Site Plan Application 21480 October 13, 2022 Page 5 of 23 6. Sec. 38.570.040.B. Building entrances. Building entrances. Illuminance for building entrances (including commercial, industrial, institutional and municipal) must average 5.0 maintained footcandles. The building entrances do not meet the 5.0 maintained footcandles average based on the latest revision (ranges form 5.4 to 5.8). Please amend the plan accordingly to ensure that the average is exactly 5.0 footcandles in these areas. ADVISORY COMMENTS: These comments may need to be addressed in future applications. 1. The City of Bozeman and the State of Montana have adopted the new ICC 2021 Building Codes and construction documents will be reviewed under these newly adopted codes. 2. DSSP Plans and Specifications Review Policy A. Plans, specifications, and submittals for fire lines must be submitted to the City Engineering Department for infrastructure review. Infrastructure review is now being conducted using ProjectDox. When you are ready to submit for fire line review, please do so through the OAS system: https://bozeman-mt-us.avolvecloud.com/Portal/Home/ServiceScreen. 3. BMC 38.560.080 - Comprehensive sign plan. Signage is not approved in this SP application. A comprehensive signage plan is required for the multi-tenant building, and separate building permits for signs are required. 41 Community Development Board Staff Report Bozeman Design Center Site Plan Application 21480 October 13, 2022 Page 6 of 23 Figure 3: Current Zoning Map 42 Community Development Board Staff Report Bozeman Design Center Site Plan Application 21480 October 13, 2022 Page 7 of 23 Figure 4: Community Plan Designation 43 Community Development Board Staff Report Bozeman Design Center Site Plan Application 21480 October 13, 2022 Page 8 of 23 Figure 5: Proposed Site Plan 44 Community Development Board Staff Report Bozeman Design Center Site Plan Application 21480 October 13, 2022 Page 9 of 23 Figure 6: Proposed Utility Plan 45 Community Development Board Staff Report Bozeman Design Center Site Plan Application 21480 October 13, 2022 Page 10 of 23 Figure 7: Proposed Landscaping Plan 46 Community Development Board Staff Report Bozeman Design Center Site Plan Application 21480 October 13, 2022 Page 11 of 23 Figure 8: 1st Level Floor Plan 47 Community Development Board Staff Report Bozeman Design Center Site Plan Application 21480 October 13, 2022 Page 12 of 23 Figure 9: 2nd Level Floor Plan 48 Community Development Board Staff Report Bozeman Design Center Site Plan Application 21480 October 13, 2022 Page 13 of 23 Figure 10: 3rd Level Floor Plan 49 Community Development Board Staff Report Bozeman Design Center Site Plan Application 21480 October 13, 2022 Page 14 of 23 Figures 11 - 14: Elevations 50 Community Development Board Staff Report Bozeman Design Center Site Plan Application 21480 October 13, 2022 Page 15 of 23 Figure 15: Material Palette 51 Community Development Board Staff Report Bozeman Design Center Site Plan Application 21480 October 13, 2022 Page 16 of 23 ANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis in this report is a summary of the completed review. Plan Review, Section 38.230.100, BMC In considering applications for plan approval under this title, the Director of Community Development shall consider the following: 1. Conformance with Article 1 - Consistency with the City’s adopted Growth Policy 38.100.040.D Meets Code? Growth Policy Land Use Community Commercial Mixed Use Yes Zoning B-2 (Community Business District) Yes Comments: The uses as denoted within the SP submittal are allowed within the zoning district. The property is within the City’s municipal service area and complies with the goals and objectives of the growth policy. No conflicts between the proposed uses, zoning compliance and the growth policy are identified. 2. Conformance with Article 1 - All other applicable laws, ordinances, and regulations (38.100.080) Meets Code? Condominium ownership N/A Comments: There is no proposed condominium ownership association for this SP. The proposed uses of the site are consistent with the allowed uses of the B-2 district. No specific conflicts identified. Additional steps will be required including but not limited to the approval of building permits. The Building Division of the Department of Community Development will review the requirements of the International Building Code for compliance at the time of building permit application. 3. Conformance with Article 2, including the cessation of any current violations (38.200.160) Meets Code? Current Violations None Yes Comments: The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 4. Conformance with Article 2 - Submittal material (38.220) requirements and plan review for applicable permit types (38.230) Meets Code? Site Plan Yes Submittal requirements 38.220.100 Yes Phasing of development 38.230.020.B No. of phases: N/A N/A Comments: The application meets all the site plan submittal material requirements with the inclusion of applicable conditions of approval and code provisions applicable which must be met prior to building permit approval, concurrent construction, if applicable, or otherwise as indicated accordingly for each listed condition or code provision. The SP is not proposed to be a phased project. Any additional development such as an expansion may require an amendment to this approved SP or a new SP applicable to that area based on the met thresholds of applicability denoted in Sec. 38.230.040. Any additional use permit (Conditional Use Permit) 38.230.120 or (Special use Permit) 38.230.120 N/A Comments: N/A 5. Conformance with Article 3 - Zoning Provisions (38.300) Meets Code? Permitted uses 38.310 Offices, professional and business Yes 52 Community Development Board Staff Report Bozeman Design Center Site Plan Application 21480 October 13, 2022 Page 17 of 23 Retail Personal and convenience services Warehousing – supporting use of retail Form and intensity standards 38.320 Zoning: B-2 Setbacks (feet) Structures Parking / Loading Yes Front 0 feet – Block Frontage 0 feet – Block Frontage Rear 10 feet 8 feet Side 5 feet 8 feet Alley N/A N/A Comments: The proposed setbacks meets all B-2 zone district standards with a 0’ front setback along Boardwalk Avenue to the east and Valley Commons Drive to the north as the Storefront block frontage designation requires building placement to be at the front property line or back edge of the sidewalk. The side setback along the south façade is 5’, which is met as the building placement is approximately 110.5 feet from the property line. The rear setback along the west façade of 10’ feet is also met as the building placement is 124.9 feet from the property line. The parking and loading areas are subject to the Storefront Block Frontage standards for the front setback in addition to the other Sec. 38.320 provisions. Per the Storefront Block Frontage standards, new surface parking areas (ground floor) must be placed to the side or rear of structures and are limited to 60 feet of street frontage and must provide a 6' minimum buffer of landscaping between the street and off street parking areas meeting the performance standards of division 38.550. In conformance with the Ferguson Farm Phase 1 MSP, the proposed parking spaces along the southern portion of the building are located to the side of the structure and only takes up 8 feet of the frontage along Boardwalk Avenue. The newly proposed parking spaces along the western portion of the building are located to the rear of the structure and take up more than 60’ of the frontage along Valley Commons Drive. B-2 requires minimum setbacks of 8 feet for the rear and side for parking facilities As parking layouts have been previously approved as a component of the Master Site Plan, these parking locations are acceptable. Additionally, side and rear setbacks for parking may be allowed to be zero feet when coordinated parking arrangements between adjacent properties are provided. There is a joint use parking tracking mechanism and agreement that facilities parking within this subdivision. The primary frontage for the subject property is along Valley Common Drive, with the secondary frontage along Boardwalk Avenue. The block frontage designation for both of these corridors is Storefront Block frontage. There is a 30’ utility easement along the southern property boundary within the parking lot area. The proposed development indicates vehicular access to the northwest and east of the subject property. Lot coverage 27% Allowed 100% Yes Building height 50’ from flat roof, 55’ from roof screen Allowed 50’ with roof pitch <3:12 60’ with roof pitch > 3:12 No Comments: The peak of the flat roof is at approximately 50’ in height. The B-2 zoning district has a height exception, which denotes that the maximum height may be increased by up to a maximum of 50 percent when the zoning district is implementing a regional commercial and services growth policy land use designation. This provision is not applicable as the designation is Community Commercial Mixed Use. Mechanical screening is a permissible height exception per the BMC and are located within the middle of the roof of the proposed building further obstructing visibility from the public view’s and upper floors of near by buildings. However, these are in excess of 1’ and must be redesign accordingly to meet this provision. 53 Community Development Board Staff Report Bozeman Design Center Site Plan Application 21480 October 13, 2022 Page 18 of 23 Applicable zone specific or overlay standards 38.330-40 N/A Comments: N/A General land use standards and requirements 38.350 Yes Comments: N/A Applicable supplemental use criteria 38.360 N/A Supplemental uses/type N/A N/A Comments: There are no supplemental uses or types within this application. Wireless facilities 38.370 N/A Affordable Housing 38.380.010 N/A Affordable housing plan N/A Comments: N/A 6a. Conformance with Article 4 - Community Design Provisions: Transportation Facilities and Access (38.400) Meets Code? Streets 38.400.010 Yes Street and road dedication 38.400.020 Yes Access easements Yes Level of Service 38.400.060 Yes Transportation grid adequate to serve site Yes Comments: Peak trip generations were provided, reviewed, and deemed sufficient by the City’s Engineering Department. A traffic impact study was deemed not necessary for this SP submittal based on the data provided. Sidewalks 38.400.080 Yes Comments: City standard sidewalks are proposed along Boardwalk Avenue and Valley Commons Drive. Drive access 38.400.090 Access to site: 2 Yes Fire lanes, curbs, signage and striping Yes Comments: Vehicular access is provided off Boardwalk Avenue and Valley Commons Drive. Fire lanes, curbing, striping, signage and gutters have been reviewed and approved by the Fire Department and Engineering Department. The subject property is not located within any SID’s. Street vision triangle 38.400.100 Yes Transportation pathways 38.400.110 Yes Pedestrian access easements for shared use pathways and similar transportation facilities Yes Public transportation 38.400.120 N/A Comments: There are no known obstructions to the site vision triangles. 6b. Conformance with Article 4 – Community Design Provisions: Community Design and Elements (38.410) Meets Code? Neighborhood centers 38.410.020 N/A Comments: There is no proposed neighborhood center applicable to this SP application. The applicability of provisions related to Sec. 38.410.020 were reviewed, if applicable, during the applicable master site plan process associated with the overall Ferguson Farms 1 Subdivision, which was waived since this is a commercial subdivision. Lot and block standards 38.410.030-040 Yes Midblock crossing: rights of way for pedestrians alternative block delineation N/A Comments: Requirements of BMC 38.410 such as lot and block standards and midblock crossings were previously reviewed for conformance and satisfied, if necessary, as part of the applicable master site plan process associated with the overall Ferguson Farms 1 Subdivision. The proposed pedestrian pathway along the southern portion of the building will connect to existing development to the east and the existing sidewalks to the north and east of the building will provide for pedestrian access to the building as well as the existing access to the trail along Huffine Lane and other businesses in the Ferguson Farms 1 Subdivision. 54 Community Development Board Staff Report Bozeman Design Center Site Plan Application 21480 October 13, 2022 Page 19 of 23 If the development is adjacent to an existing or approved public park or public open space area, have provisions been made in the plan to avoid interfering with public access to and use of that area N/A Provisions for utilities including efficient public services and utilities 38.410.050-060 Yes Easements (City and public utility rights-of-way etc.) Yes Water, sewer, and stormwater Yes Other utilities (electric, natural gas, communications) Yes CIL of water Yes Comments: Utilities, easements, water, sewer, and stormwater have been reviewed by the Engineering Department, Water/Sewer Division, and Northwestern Energy for functionality and compliance with adopted standards. Any applicable conditions and code provisions related to the above-mentioned requirements are included in this staff report. Applicable cash in lieu of water rights were determined formally by the Engineering Department and must be paid to the City of Bozeman prior to the approval of this SP. Municipal infrastructure requirements 38.410.070 Yes Comments: Municipal infrastructure requirements is not under the purview of the CDB serving as the DRB. The final analysis of this will be with the final staff report; however, applicable conditions and code provisions related to the above-mentioned requirements may be included in this staff report. Requirements for municipal infrastructure have been reviewed by the Bozeman Engineering Department for functionality and compliance with adopted standards. Grading & drainage 38.410.080 Yes Location, design and capacity of stormwater facilities Yes Stormwater maintenance plan N/A Landscaping: native species, curvilinear, 75% live vegetation 38.410.080.H Yes Comments: Stormwater is not under the purview of the DRB. The final analysis of this will be with the final staff report; however, applicable conditions and code provisions related to the above-mentioned requirements may be included in this staff report. Requirements of BMC 38.410 such as grading and drainage and stormwater provisions have been reviewed by the Bozeman Engineering Department for functionality and compliance with adopted standards. Watercourse setback 38.410.100 N/A Watercourse setback planting plan 38.410.100.2.f N/A 6c. Conformance with Article 4 – Community Design Provisions: Park and Recreation Requirements (38.420) Meets Code? Parkland requirements 38.420.020.A .52 ac. X 10 units/ac. X 0.03 ac.= .3 ac. N/A Cash donation in lieu (CIL) 38.420.030 N/A Improvements in-lieu N/A Comments: There is no residential component to this project. Park Frontage 38.420.060 N/A Park development 38.420.080 N/A Recreation pathways 38.420.110 N/A Park/Recreational area design N/A Comments: This SP application is a commercial development, and does not trigger parkland dedication, which was reviewed for applicability during the master site plan process associated with the overall Ferguson Farms 1 Subdivision. 7a. Conformance with Article 5 – Project Design: Block Frontage Standards (38.510) Meets Code? Block frontage classification Storefront – Boardwalk Avenue Storefront – Valley Commons Drive Yes Departure criteria N/A N/A 55 Community Development Board Staff Report Bozeman Design Center Site Plan Application 21480 October 13, 2022 Page 20 of 23 Comments: The proposed SP meets the requirements denoted within the “Storefront” block frontage provisions in BMC 38.510 for Boardwalk Avenue and Valley Commons Drive. Ground floor land uses are permitted per the B-2 zoning district. The floor to floor height of the ground floor is a minimum of 14’ which is in conformance with the previous standard of 13’ approved in the BMC. Based on the submittal date of the application, this provision was applicable and the applicant did not have to conform to the new standard. The non-residential space depth meets the minimum 20’ on all floors of the building. Building placement, building entrances, and façade transparency requirements are in conformance with the BMC. The north elevation meets the 60% of ground floor transparency requirement between 30” to 10’ above the sidewalk for the primary façade. The east elevation meets the 40% of ground floor transparency requirement between 30” to 10’ above the sidewalk for the secondary façade. Table 1: Transparency Calculations Weather protection with the 8 – 15’ vertical clearance of at least 5’ in average depth along at least 60% of the north primary façade. As previously mentioned, new surface parking areas (ground floor) must be placed to the side or rear of structures and are limited to 60 feet of street frontage and must provide a 6' minimum buffer of landscaping between the street and off street parking areas meeting the performance standards of division 38.550. In conformance with the Ferguson Farm Phase 1 MSP, the proposed parking spaces along the southern portion of the building are located to the side of the structure and only takes up 8 feet of the frontage along Boardwalk Avenue. The newly proposed parking spaces along the western portion of the building are located to the rear of the structure and take up more than 60’ of the frontage along Valley Commons Drive. Sidewalk widths along both the north and east facades meet the 12 feet minimum between curb edge and storefront requirement. 7b. Conformance with Article 5 – Project Design: Site Planning and Design Elements (38.520) Meets Code? Design and arrangement of the elements of the plan (e.g., buildings, circulation, open space and landscaping, etc.) so that activities are integrated with the organizational scheme of the community, neighborhood, and other approved development and produce an efficient, functionally organized and cohesive development Yes Relationship to adjacent properties 38.520.030 N/A Non-motorized circulation and design systems to enhance convenience and safety across parking lots and streets, including, but not limited to paving patterns, pathway design, landscaping and lighting 38.420.040 Yes Comments: This proposed development conforms to requirements of Sec. 38.520. This includes a proposed internal sidewalk system with pedestrian connections to the exist public sidewalks along Boardwalk Avenue and Valley Commons Drive. The design and arrangement of the elements of the proposed SP such as vehicular and pedestrian circulation, etc, have been met. 56 Community Development Board Staff Report Bozeman Design Center Site Plan Application 21480 October 13, 2022 Page 21 of 23 7d. Conformance with Article 5 – Parking (38.540) Meets Code? Parking requirements 38.540.050 Yes Parking requirements residential 38.540.050.A.1 N/A Reductions residential 38.540.050.A.1.b N/A Parking requirements nonresidential 38.540.050.A.2 118 Reductions nonresidential 38.540.050.A.2.c N/A Provided off-street 138 Provided on-street N/A Bicycle parking 38.540.050.A.4 12 (required) / 14 (provided) Comments: The proposed parking meets minimum requirements for the non-residential uses of warehousing, storage, and handling of bulk goods (accessory) (1 space per 1000 sf), retail store and service establishments (1 space per 300 sf) and offices (except medical and dental) (1 space per 250 square feet of floor area) use on the 1st, 2nd, and 3rd floors. The applicant has provided 138 parking spaces consistent with the requirements denoted above, however, only 118 spaces are needed. Staff has requested additional clarification for parking spaces and the joint use parking facility agreement to ensure that these vehicular parking spaces are provided accordingly and in the appropriate timeframe for development sought by the applicant. Please see page 4 for conditions and code provisions related to this clarification. Design of vehicular circulation systems to assure that vehicles can move safely and easily both within the site and between properties and activities within the general community 38.420.050 Yes Internal roadway design 38.520.050.D Yes Comments: Requirements of BMC 38.520 such as design of vehicular circulation systems and internal roadway design were previously reviewed for conformance and satisfied, if necessary, as part of the master site plan process for the Ferguson Farms 1 Subdivision. On-site open space 38.520.060 Yes Total required 2.0% 1,294 sf Total provided 2.2% 1,371 sf Comments: Usable commercial open space is required for this proposed development equaling at least two percent of the site area. This has been met in conformance with the provisions of this section of the BMC. Location and design of service areas and mechanical equipment 38.520.070 Yes Comments: Requirements of the location and design of service areas, and mechanical equipment have been reviewed for conformance and satisfied within this SP application. 7c. Conformance with Article 5 – Project Design: Building Design (38.530) Meets Code? Compatibility with, and sensitivity to, the immediate environment of the site and the adjacent neighborhoods and other approved development 38.530.030 Yes Building massing and articulation 38.530.040 Yes Building details, materials, and blank wall treatments 38.530.050-070 Yes Comments: The building design standards with Sec. 38.530 have been reviewed for conformance and satisfied within this SP application. Each façade of the proposed building exceeds the minimum of three articulation features for every 60 feet per Sec. 38.530.040.B. as the design utilizes windows, entries, weather protection, and changes in building materials, siding style and colors to provide a human scaled pattern. The north facade meet the 150 feet maximum façade width standard in Sec. 38.530.040.E. by incorporating the use metal panel and common brick to contrast the building into three distinct area. Though not required along the south façade, this elevation use a similar design pattern with the inclusion of windows of different sizes and designs to break up the building’s massing and add visual interest. These design elements eliminate any blank walls. The design of windows, metal panels and other building materials meet the provisions denoted in the above mentioned sections of the BMC. 57 Community Development Board Staff Report Bozeman Design Center Site Plan Application 21480 October 13, 2022 Page 22 of 23 The applicant has provided the required 10% bicycle spaces per the BMC, with 14 bicycle spaces to be installed near the entrances of the building. Loading and uploading area requirements 38.540.080 N/A First berth – minimum 70 feet length, 12 feet in width, 14 feet in height N/A Additional berth – minimum 45 feet length N/A Comments: There are no proposed loading berths to serve this proposed building. 7e. Conformance with Article 5 – Landscaping (38.550) Meets Code? Mandatory landscaping requirements 38.550.050 Yes Drought tolerant species 75% required Yes Parking lot landscaping Yes Additional screening Yes Street frontage Yes Street median island Yes Acceptable landscape materials Yes Protection of landscape areas Yes Irrigation: plan, water source, system type Yes Residential adjacency N/A Comments: Requirements of BMC 38.550 for landscaping have been reviewed for conformance and satisfied within this SP application. Landscaping of public lands 38.550.070 N/A Comments: There are no public lands on site. 7f. Conformance with Article 5 – Signs (38.560) Meets Code? Allowed SF/building 38.560.060 400 sf per lot N/A Proposed SF/building N/A N/A Comments: A maximum 400 square feet per lot is allowed in the B-2 district. The placement, size, and details regarding signage were not reviewed for conformance with BMC 38.560 nor approved within this SP application. All signage will be reviewed and approved as part of a separate signage and building permit. A Comprehensive Signage Plan (CSP) prior to any approval of a sign permit is required for this subject property as more than two tenants will be utilizing this space. Please see the Advisory Comments on page 5 for more information on the CSP requirement. 7g. Conformance with Article 5 – Lighting (38.570) Meets Code? Site lighting (supports, cutoff, footcandles, temperature) 38.570.040 Yes Building-mounted lighting (supports, cutoff, footcandles, temperature) 38.570.040.B Yes Comments: Lighting has been proposed within this application and is in conformance with Sec. 38.570. 8. Conformance with Article 6 – Natural Resource Protection Meets Code? Floodplain regulations 38.600 N/A Wetland regulations 38.610 N/A Comments: Requirements of BMC 38.600 and 38.610 for floodplain and wetland regulations were previously reviewed for conformance and satisfied as part of the master site plan process. Any changes have been indicated as part of the infrastructure plan submittal concurrently applied for with this application. No impacts to surface waters and floodplains were identified. 9. Relevant Comment from Affected Parties (38.220) Meets Code? Public Comment Yes Comments: A public notice period as required per Section 38.220.420 is currently occurring as of September 29, 2022 and ended October 13, 2022. The property posting and mailing to adjacent owners occurred on September 29, 2022. No public comments have been received as of the writing of this staff report. 58 Community Development Board Staff Report Bozeman Design Center Site Plan Application 21480 October 13, 2022 Page 23 of 23 10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code? Subdivision exemptions N/A Required easements N/A Comments: Required easements have been reviewed and addressed by the Engineering Department, Northwestern Energy, and Water/Sewer Division. 59 4" CONC. SLABOVER 4" WASHEDGRAVEL ORCRUSHED ROCKATTACH PER MANF. REQUIREMENTSU-STYLE "PARK-IT-2" BIKE RACKW/ BLACK POWDER COAT FINISHOR EQUAL SETRACKS AT 36" CENTER TOCENTERS24" +/-36" +/- 60 SHEET PROJECT NUMBER 81211 Gallatin Rd. Suite E Bozeman, Montana 59718 406.587.9968 studiohdesigninc.comPRINTED ON:PROJECT #:FILE PATH:PROJECT NAME:DRAWN BY:CHECKED BY:THESE DRAWINGS ARE THE ORIGINAL UNPUBLISHED WORK OF THE ARCHITECT AND MAY NOT BE DUPLICATED OR USED WITHOUT THE WRITTEN PERMISSION OF THE ARCHITECT.REVISIONS ISSUED ISSUE DATE:6/1/2022 9:51:26 AMC:\Users\SHD9\Documents\777 Boardwalk_DD_r2021_kkellerUY7HU.rvtA0.02 202005 3D VIEWS777 BOARDWALKA0.02202005777 BOARDWALK6/1/20226/1/2022 SITE PLAN RE-SUBMITTALBOZEMAN, MONTANAFERGUSON FARMPERSPECTIVE 1 PERSPECTIVE 2 PERSPECTIVE 3 PERSPECTIVE 4 RENDERINGS FOR VISUAL DEPICTION ONLY. 2D DRAWINGS SUPERCEDE RENDERINGS. 61 SHEET PROJECT NUMBER 81211 Gallatin Rd. Suite E Bozeman, Montana 59718 406.587.9968 studiohdesigninc.comPRINTED ON:PROJECT #:FILE PATH:PROJECT NAME:DRAWN BY:CHECKED BY:THESE DRAWINGS ARE THE ORIGINAL UNPUBLISHED WORK OF THE ARCHITECT AND MAY NOT BE DUPLICATED OR USED WITHOUT THE WRITTEN PERMISSION OF THE ARCHITECT.REVISIONS ISSUED ISSUE DATE:5/27/2022 12:21:59 PMC:\Users\SHD9\Documents\777 Boardwalk_DD_r2021_kkellerUY7HU.rvtA0.03 202005 3D VIEWS777 BOARDWALKA0.03202005777 BOARDWALKAuthorChecker6/1/20226/1/2022 SITE PLAN RE-SUBMITTALBOZEMAN, MONTANAFERGUSON FARMRENDERINGS FOR VISUAL DEPICTION ONLY. 2D DRAWINGS SUPERCEDE RENDERINGS. PERSPECTIVE 5 PERSPECTIVE 6 PERSPECTIVE 8PERSPECTIVE 7 62 T.O. SLAB -2ND LEVEL 118' -0" T.O. SLAB -MAIN LEVEL 100' -0" 1 A4.02 2 A4.02 1 T.O.SLAB -3RD LEVEL 132' -0" FLAT ROOF MAX. HT. 150' -0" EX-1 EX-3EX-3EX-3 EX-3 EX-4 EX-4EX-4 EX-4EX-4 EX-2 EX-1 EX-3EX-3 EX-3 EX-3 EX-3 EX-4 EX-4 EX-2 EX-4 EX-4EX-4EX-2 EX-4 EX-4 EX-2 EX-4 EX-3 EX-2 EX-2 T.O. SLAB -2ND LEVEL 118' -0" T.O. SLAB -MAIN LEVEL 100' -0" 2 A4.01 1 A4.01 T.O.SLAB -3RD LEVEL 132' -0" FLAT ROOF MAX. HT. 150' -0" EX-3 EX-3EX-3 EX-1 EX-1 EX-3 EX-2 EX-2 EX-3 EX-3 EX-4 EX-4 T.O. SLAB -2ND LEVEL 118' -0" T.O. SLAB -MAIN LEVEL 100' -0" 1 A4.02 2 A4.02 1 T.O.SLAB -3RD LEVEL 132' -0" FLAT ROOF MAX. HT. 150' -0" EX-3 EX-3EX-3 EX-2 EX-3 EX-3 EX-3EX-3EX-3 EX-1 EX-3 EX-3EX-3 EX-3 EX-3 EX-2 EX-4 EX-2 EX-1 EX-6EX-6 T.O. SLAB -2ND LEVEL 118' -0" T.O. SLAB -MAIN LEVEL 100' -0" 2 A4.01 1 A4.01 T.O.SLAB -3RD LEVEL 132' -0" FLAT ROOF MAX. HT. 150' -0" EX-1EX-1 EX-3 EX-3 EX-3 EX-3 EX-3 EX-4 EX-4 EX-2 EX-2 EX-3 EX-4 EX-2 EX-3 EX-4 EX-4 T.O. SLAB -2ND LEVEL 118' -0" T.O. SLAB -MAIN LEVEL 100' -0" T.O.SLAB -3RD LEVEL 132' -0" FLAT ROOF MAX. HT. 150' -0" EX-3 EX-3 ? EX-2 EX-4 T.O. SLAB -2ND LEVEL 118' -0" T.O. SLAB -MAIN LEVEL 100' -0" T.O.SLAB -3RD LEVEL 132' -0" FLAT ROOF MAX. HT. 150' -0" ? EX-3 EX-3 EX-2 EX-4 SHEET PROJECT NUMBER 81211 Gallatin Rd. Suite E Bozeman, Montana 59718 406.587.9968 studiohdesigninc.comPRINTED ON:PROJECT #:FILE PATH:PROJECT NAME:DRAWN BY:CHECKED BY:THESE DRAWINGS ARE THE ORIGINAL UNPUBLISHED WORK OF THE ARCHITECT AND MAY NOT BE DUPLICATED OR USED WITHOUT THE WRITTEN PERMISSION OF THE ARCHITECT.REVISIONS ISSUED ISSUE DATE:5/27/2022 12:22:25 PMC:\Users\SHD9\Documents\777 Boardwalk_DD_r2021_kkellerUY7HU.rvtA3.01 202005 EXTERIOR ELEVATIONS777 BOARDWALKA3.01202005777 BOARDWALK6/1/20226/1/2022 SITE PLAN RE-SUBMITTALBOZEMAN, MONTANAFERGUSON FARM1/8" = 1'-0"A3.01 1 ELEVATION - SOUTH 1/8" = 1'-0"A3.01 2 ELEVATION - EAST 1/8" = 1'-0"A3.01 4 ELEVATION - NORTH 1/8" = 1'-0"A3.01 3 ELEVATION - WEST GENERAL NOTES - ELEVATIONS 1 MAIN LEVEL SUB FLOOR ELEVATION = 7691'-6 3/4". 2 DO NOT SCALE DRAWINGS. 3 REFER TO MECHANICAL DRAWINGS FOR LOCATIONS OF LOUVERS AND VENTS. 4 REFER TO EXTERIOR MATERIAL SCHEDULE FOR MATERIAL SPECIFICATIONS SHEET NOTES - EXTERIOR ELEVATIONS - NORTH 1 SEE 3/A.01 FOR MECH SCREEN DETAIL 2 UTILITY METERS EXTERIOR FINISH SCHEDULE MARK DESCRIPTION MANUFACTURER MODEL DIMENSIONS FINISH COLOR COMMENTS EX-1 COMMON BRICK EX-2 METAL PANELS ALUCOBOND ACM METAL PANEL SYSTEM FACTORY PAINT DUSTY CHARCOAL II MIN. 24 GAUGE THICKNESS EX-3 BREAK METAL BRIDGER STEEL PAINTED BLACK MIN. 24 GAUGE THICKNESS EX-4 PAINTED STRUCTURAL STEEL PAINTED BLACK EX-6 EX-8 EXPOSED REINFORCED CONCRETE 1/8" = 1'-0"A3.01 5 ELEVATION - NORTH WEST 1/8" = 1'-0"A3.01 6 ELEVATION - NORTH EAST 63 30 SF 2' - 6"12' - 0" 178'-0" BUILDING LENGTH 77 SF 16' - 0"4' - 9"30 SF 2' - 6"12' - 0" 15 SF 3' - 0"5' - 0" 15 SF 3' - 0"5' - 0" 30 SF 10' - 0"3' - 0"AWNING LENGTH 49'-6" AWNING LENGTH 49'-6" 178'-0" BUILDING LENGTH 48 SF 12' - 0"4' - 0"AWNING LENGTH 21'-0" 48 SF 18 SF4' - 0"12' - 0"3' - 0"6' - 0" 82'-0" BUILDING LENGTH 48 SF 12' - 0"4' - 0"20 SF 8' - 0"2' - 6"20 SF 8' - 0"2' - 6"TRANSPARENCY CALCULATION ELEVATION FACADE AREA GLAZING AREA %TRANSPARENT %TRANSPARENT 30"-10' ABOVE SIDEWALK NOTE: CALCULATIONS PER BMC TABLE 38.510.030.B. -% TRANSPARENT 30"-10' ABOVE SIDEWALK (MIN 40%, PRIMARY ELEVATION - MIN 60%) -A GLAZING SAMPLE AND CORNER WINDOW SAMPLE WILL BE PROVIDED PRIOR TO THE APPROVAL OF THE BUILDING PERMIT. -PRIMARY FACADE IS NORTH N / NE / NW* 9,854 SF 3,907 SF 1,418 SF 845 SF 40% 60% SOUTH 9,004 SF 4,364 SF 1,1335 SF 940 SF 48% 70% EAST 3,657 SF 1,171 SF 528 SF 283 SF 32% 54% WEST 3,613 SF 986 SF 528 SF 217 SF 27% 41% 30"-10' AREA 30"-10' GLAZING WEATHER PROTECTION REFER TO ELEVATION - SOUTH TOTAL BUILDING LENGTH TOTAL AWNING LENGTH (AVERAGE 5' DEPTH) 178' 114'64% NOTE: AT LEAST 5' AVERAGE DEPTH ALONG AT LEAST 60% OF FACADE -CALCULATIONS PER BMC TABLE 38.510.030.B -PRIMARY FACADE IS NORTH SIGNAGE CALCULATIONS SOUTH FACADE = 178' 178' - 25' = 153' NOTE: USE MAX. PER BMC TABLE 38.560.060 (400 SF PER LOT) *PRIMARY FACADE IS NORTH NORTH FACADE = 178' (INCLUDES NE & NW) 25' x 2 =.....................................50 sf 228' x 1.5 =..............................230 sf ______________________________ TOTAL =.................................270 sf EAST FACADE = 82' 82' - 25' = 57' 25' x 2 =.....................................50 sf 57' x 1.5 =..................................86 sf ______________________________ TOTAL =.................................136 sf WEST FACADE = 82' BUILDING LENGTH CALCULATIONS PROPOSED 167 sf 118 sf 66 sf 48 sf 399 sfTOTAL (400 S.F. MAX) 178' - 25' = 153' 25' x 2 =.....................................50 sf 228' x 1.5 =..............................230 sf ______________________________ TOTAL =.................................270 sf 25' x 2 =.....................................50 sf 57' x 1.5 =..................................86 sf ______________________________ TOTAL =.................................136 sf 82' - 25' = 57' *SIGN PERMIT WILL BE APPLIED FOR SEPARATELY OVERALL FACADE OVERALL GLAZING FACADE TRANSPARENT 30"-10' ABOVE SIDEWALK GLAZING TRANSPARENT 30"-10' ABOVE SIDEWALK TRANSPARENCY LEGEND SHEET PROJECT NUMBER 81211 Gallatin Rd. Suite E Bozeman, Montana 59718 406.587.9968 studiohdesigninc.comPRINTED ON:PROJECT #:FILE PATH:PROJECT NAME:DRAWN BY:CHECKED BY:THESE DRAWINGS ARE THE ORIGINAL UNPUBLISHED WORK OF THE ARCHITECT AND MAY NOT BE DUPLICATED OR USED WITHOUT THE WRITTEN PERMISSION OF THE ARCHITECT.REVISIONS ISSUED ISSUE DATE:5/27/2022 12:22:31 PMC:\Users\SHD9\Documents\777 Boardwalk_DD_r2021_kkellerUY7HU.rvtA3.02 202005 TRANSPARENCY/ SIGNAGE / WEATHER PROT.777 BOARDWALKA3.02202005777 BOARDWALKAuthorChecker6/1/20226/1/2022 SITE PLAN RE-SUBMITTALBOZEMAN, MONTANAFERGUSON FARM1/8" = 1'-0"A3.02 1 ELEVATION - SOUTH 1/8" = 1'-0"A3.02 5 ELEVATION - NORTH 1/8" = 1'-0"A3.02 2 ELEVATION - EAST 1/8" = 1'-0"A3.02 6 ELEVATION - WEST 1/8" = 1'-0"A3.02 3 ELEVATION - NORTHEAST 1/8" = 1'-0"A3.02 7 ELEVATION - NORTHWEST 64 SHEET PROJECT NUMBER 81211 Gallatin Rd. Suite E Bozeman, Montana 59718 406.587.9968 studiohdesigninc.comPRINTED ON:PROJECT #:FILE PATH:PROJECT NAME:DRAWN BY:CHECKED BY:THESE DRAWINGS ARE THE ORIGINAL UNPUBLISHED WORK OF THE ARCHITECT AND MAY NOT BE DUPLICATED OR USED WITHOUT THE WRITTEN PERMISSION OF THE ARCHITECT.REVISIONS ISSUED ISSUE DATE:5/27/2022 12:22:32 PMC:\Users\SHD9\Documents\777 Boardwalk_DD_r2021_kkellerUY7HU.rvtA3.03 202005 EXTERIOR MATERIAL BOARD777 BOARDWALKA3.03202005777 BOARDWALKAuthorChecker6/1/20226/1/2022 SITE PLAN RE-SUBMITTALBOZEMAN, MONTANAFERGUSON FARMEXTERIOR FINISH SCHEDULE MARK DESCRIPTION MANUFACTURER MODEL DIMENSIONS FINISH COLOR COMMENTS EX-1 COMMON BRICK EX-2 METAL PANELS ALUCOBOND ACM METAL PANEL SYSTEM FACTORY PAINT DUSTY CHARCOAL II MIN. 24 GAUGE THICKNESS EX-3 BREAK METAL BRIDGER STEEL PAINTED BLACK MIN. 24 GAUGE THICKNESS EX-4 PAINTED STRUCTURAL STEEL PAINTED BLACK EX-6 EX-8 EXPOSED REINFORCED CONCRETE EX-4 STRUCTURAL STEEL; PAINTED BLACK EX-5 REINFORCED CONCRETE; EXPOSED WINDOWS/DOORS MANUFACTURER:TBD; STOREFRONT; BLACK EX-5 : REINFORCED CONCRETE; EXPOSED EX-4 : STRUCTURAL STEEL; PAINTED BLACK EX-6 McNICHOLS; PERFORATED METAL; IRON ORE - MECH SCREENS EX-1 BRICK; INTERSTATE BRICK; BRONZESTONE EX-3EX-2 ALUCOBOND ACM METAL PANEL SYSTEM; DUSTY CHARCOAL II ALUCOBOND ACM METAL PANEL SYSTEM; TRI-CORN BLACK WINDOWS & DOORS : STOREFRONT; MANF. TBD; BLACK EX-1 : BRICK; INTERSTATE BRICK; BRONZESTONE EX-2 : ALUCOBOND ACM METAL PANEL SYSTEM; DUSTY CHARCOAL II EX-3 : ALUCOBOND ACM METAL PANEL SYSTEM; TRI- CORN BLACK EX-6 : McNICHOLS; PERFORATED METAL; IRON ORE - MECH SCREENS 65 66 Memorandum REPORT TO:Community Development Board FROM:Chris Saunders, Community Development Manager Anna Bentley, Community Development Interim Director SUBJECT:Yellowstone Montessori Academy Annexation Zone Map Amendment for amendment on 0.67 acres from R2 to R4 and initial zoning of R4 on 0.87 acres, Application 22121 MEETING DATE:October 17, 2022 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:Recommended Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 22121 and move to recommend approval of the Yellowstone Montessori Academy Annexation Zone Map Amendment, with contingencies required to complete the application processing. STRATEGIC PLAN:4.1 Informed Conversation on Growth: Continue developing an in-depth understanding of how Bozeman is growing and changing and proactively address change in a balanced and coordinated manner. BACKGROUND:A request to establish initial zoning on one parcel in conjunction with annexation and to rezone an adjacent parcel owned by the same party at the same time. Requested zoning is R4, Residential High Density. See attached staff report for more information. The application materials are available through the City's Community Development viewer. UNRESOLVED ISSUES:None. ALTERNATIVES:1. Recommend approval of the application; 2. Recommend denial of 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 on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. FISCAL EFFECTS:None. Attachments: 22121 Yellowstone Montessori Annx-ZMA CDB SR.pdf 67 Report compiled on: October 12, 2022 68 Page 1 of 27 22121 Staff Report for the Yellowstone Montessori Academy Annexation and Zone Map Amendment Public Hearing Dates: Zoning Commission - October 17, 2022 City Commission – November 1, 2022 Project Description: Annexation application 22121 requesting annexation of approximately 0.87 acres and adjacent right of way for Kagy Blvd and zone map amendment of 1.54 acres to the City Zoning Map from R2 (Moderate Density Residential) and Gallatin County RS (Residential Suburban) to R-4 (Residential High Density District). Project Location: 1625 and 1705 W. Kagy Blvd Recommendation: Meets standards for approval with terms of annexation and contingencies. Recommended Zoning Commission Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 22121 and move to recommend approval of the Yellowstone Montessori Academy Annexation Zone Map Amendment, with contingencies required to complete the application processing. Recommended City Commission Annexation Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 22121 and move to the Yellowstone Montessori Academy Annexation subject to the terms of annexation and direct staff to prepare an annexation agreement. Recommended City Commission Zoning Motion: Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 22121 and move to approve the Yellowstone Montessori Academy Zone Map Amendment with contingencies of approval necessary to complete adoption of an implementing ordinance. Report: October 12, 2022 Staff Contact: Chris Saunders, Community Development Manager Lance Lehigh, Interim City Engineer Agenda Item Type: Action - Legislative 69 Staff Report for the Yellowstone Montessori Academy Annexation and Zone Map Amendment, Application 22121 Page 2 of 27 EXECUTIVE SUMMARY This report is based on the application materials submitted and public comment received to date. This report addresses both the zoning amendment for Zoning Commission as well as the annexation and the zoning amendment for the City Commission. Application materials are available for public review at https://weblink.bozeman.net/WebLink/Browse.aspx?id=263187&dbid=0&repo=BOZEMAN . Unresolved Issues There are no identified conflicts on this application at this time. Project Summary The applicant and property owners seek to annex one parcel and initially zone that parcel and simultaneously rezone an adjacent parcel. The annexing parcel is part of a wholly surrounded county island near MSU. In determining whether the criteria applicable to this application are met, Staff considers the entire body of plans and regulations for land development. Standards which prevent or mitigate possible negative impacts are incorporated in many locations in the municipal code but are principally in Chapter 38, Unified Development Code. References in the text of this report to Articles, Divisions, or in the form xx.xxx.xxx are to the Bozeman Municipal Code. Alternatives 1. Recommend approval of the application; 2. Recommend denial of 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 on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 2 Unresolved Issues ............................................................................................................... 2 Project Summary ................................................................................................................. 2 Alternatives ......................................................................................................................... 2 SECTION 1 - MAP SERIES: ................................................................................................... 4 70 Staff Report for the Yellowstone Montessori Academy Annexation and Zone Map Amendment, Application 22121 Page 3 of 27 SECTION 2 - RECOMMENDED TERMS OF ANNEXATION ............................................ 7 SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT ..... 9 SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 10 Annexation ........................................................................................................................ 10 Zone Map Amendment ..................................................................................................... 10 SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS ................................ 10 SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ........... 16 Spot Zoning Criteria ......................................................................................................... 23 PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 24 APPENDIX A - NOTICING AND PUBLIC COMMENT .................................................... 25 APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 25 APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF ............................ 27 FISCAL EFFECTS ................................................................................................................. 27 ATTACHMENTS ................................................................................................................... 27 71 Staff Report for the Yellowstone Montessori Academy Annexation and Zone Map Amendment, Application 22121 Page 4 of 27 SECTION 1 - MAP SERIES: Map 1: Project Vicinity Map 72 Staff Report for the Yellowstone Montessori Academy Annexation and Zone Map Amendment, Application 22121 Page 5 of 27 Map 2: BCP 2020 Future Land Use Map 73 Staff Report for the Yellowstone Montessori Academy Annexation and Zone Map Amendment, Application 22121 Page 6 of 27 Map 3: Existing City Zoning 74 Staff Report for the Yellowstone Montessori Academy Annexation and Zone Map Amendment, Application 22121 Page 7 of 27 SECTION 2 - RECOMMENDED TERMS OF ANNEXATION The following terms of annexation are recommended to enable the application to comply with the City’s Annexation Policy and the requirements of state law for the provision of services. Recommended terms of annexation: 1. The documents and exhibits to formally annex the subject property must be identified as the Yellowstone Montessori Academy Annexation. 2. An Annexation Map, titled Yellowstone Montessori Academy Annexation Map with a legal description of the property and including any adjoining un-annexed rights-of-way and/or street access easements for Kagy Blvd must be submitted by the applicant for use with the Annexation Agreement. The map must be supplied as a PDF for filing with the Annexation Agreement at the County Clerk & Recorder, and a digital copy for the City Engineer’s Office. This map must be acceptable to the Director of Public Works and City Engineers Office, and must be submitted with the signed Annexation Agreement. 3. The Annexation Agreement must include the following notices: a. The Annexation Agreement must include notice that, prior to development, the applicant will be responsible for preparing a storm water master plan in conjunction with future development. The storm water master plan shall address maintenance and operations until and unless the City affirmatively assumes responsibility for maintenance and operations of stormwater facilities within the area of the annexation. b. The Annexation Agreement must include notice the City will, upon annexation, make available to the Property existing City services only to the extent currently available, or as provided in the Agreement. c. The Annexation Agreement must include notice that, prior to future final development approval, the applicant will be responsible for transfer of water rights or a payment in lieu as required by the Bozeman Municipal Code. d. The Annexation Agreement must include notice that there is no right, either granted or implied, for Landowner to further develop any of the Property until it is verified by the City that the necessary municipal services are available to the property. e. The Annexation Agreement must include notice that, prior to development, the applicant will be responsible for installing any facilities required to provide full municipal services to the properties in accordance with the City of Bozeman's infrastructure master plans and all City policies that may be in effect at the time of development. f. The Annexation Agreement must include notice that utility easements may be required to be provided by the landowner at the time of development to ensure necessary municipal services are available to the property. 75 Staff Report for the Yellowstone Montessori Academy Annexation and Zone Map Amendment, Application 22121 Page 8 of 27 g. The Annexation Agreement must include notice that charges and assessments may be required after completion of annexation to ensure necessary municipal services are available to the property. h. The Annexation Agreement must include notice that the City will assess system development and impact fees in accordance with Montana law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code. 4. All procedural terms necessary to establish the Annexation Agreement in conformance with state law and municipal practice will be included with the final Annexation Agreement. 5. If they do not already exist the applicant must provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SIDs) for the following as part of the Annexation Agreement: a. Street improvements to Kagy Blvd from S. 19th Avenue to S. 11th Avenue. b. Intersection improvements at S. 19th Ave and Kagy Blvd including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage c. Intersection improvements at S. 11th Ave and Kagy Blvd including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of the improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. The applicant must provide a copy of the SID waiver in conjunction with the Annexation Agreement. 6. Kagy Blvd is classified as a Primary Arterial in the Bozeman Transportation Master Plan (TMP), which has a minimum right-of-way ROW width of 120 feet. The applicant must provide their respective half of the ROW from the centerline of the existing ROW as a public street and utility easement where Kagy Blvd is adjacent to the property. A public street and utility easement must be provided prior to the adoption of Resolution of Annexation. The applicant can contact the City's Engineering Department to receive a copy of the standard easement language. 7. The applicant must contact the City's Engineering Department to obtain an analysis of cash-in-lieu of water rights prior to connection to the municipal water system. The determined amount must be paid prior to issuance of a building permit, if applicable. 8. The Annexation Agreement must include notice that the applicant must connect to municipal services and will be responsible for installing any facilities required to provide full municipal services to the property in accordance with city policy at the time of connection. 9. The applicant must properly abandon the existing on-site septic tank and leach field prior to connection to the City sanitary sewer system. The applicant must report the abandonment to the City Water and Sewer Superintendent for inspection, and the 76 Staff Report for the Yellowstone Montessori Academy Annexation and Zone Map Amendment, Application 22121 Page 9 of 27 applicant must report the abandonment to the Gallatin City County Health Department. In addition to abandonment of the septic tank and leach field, the applicant must demonstrate that the sanitary sewer service to the septic tank has been completely disconnected from the old septic system prior to connection to the City sanitary sewer system. 10. The applicant must completely disconnect the on-site well from the house prior to connection to the City water system to protect the City’s system from cross contamination. The applicant must contact the City Water and Sewer Superintendent to inspect the disconnection prior to connection of water service from the house to the City water system. 11. The applicant must execute the Annexation Agreement including provision of mapping, easements, waivers, and fees if applicable, with the City of Bozeman within 60 days of the distribution of the annexation agreement from the City to the applicant or annexation approval shall be null and void. SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT Please note that these contingencies are necessary for the City to complete the process of the proposed amendment. These contingencies only apply in the event that the related annexation request has previously been approved. Recommended Contingencies of Approval: 1. The applicant must submit a zone amendment map, titled Yellowstone Montessori Academy Annexation 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 for Kagy Blvd, and total acreage of the property. 2. 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. 3. That all documents and exhibits necessary to establish the amended municipal zoning designation of R-4 Residential High Density District shall be identified as the Yellowstone Montessori Academy Annexation Zone Map Amendment. 4. All required materials shall be provided to the Department of Community Development within 60 days of a favorable action of the City Commission or any approval shall be null and void. 77 Staff Report for the Yellowstone Montessori Academy Annexation and Zone Map Amendment, Application 22121 Page 10 of 27 SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS Annexation Having considered the criteria established for an annexation, the Development Review Committee (DRC) recommends approval of the requested annexation. The City Commission will hold a public meeting on the annexation on November 1, 2022. The meeting will begin at 6 p.m. Instructions on joining the meeting will be included on the meeting agenda. Zone Map Amendment Having considered the criteria established for a zone map amendment, the Staff recommends approval as submitted. The Zone Map Amendment (ZMA) is in conjunction with an annexation request. Staff’s recommendation and staff responses are predicated on approval of the annexation, application 22121. The Development Review Committee (DRC) considered the amendment. The DRC did not identify any infrastructure or regulatory constraints that would impede the approval of the application. The Zoning Commission will hold a public hearing on this ZMA on October 17, 2022 and will forward a recommendation to the Commission on the Zone Map amendment. The City Commission will hold a public hearing on the zone map amendment on November 1, 2022. The meeting will begin at 6 p.m. Instructions on joining the meeting will be included on the meeting agenda. SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS In considering applications for approval of the requested annexation, the advisory boards and City Commission shall consider the following: Commission Resolution No. 5076 Criteria Commission Resolution No. 5076 Goals Goal 1: The City of Bozeman encourages annexations of land contiguous to the City. Criterion Met. The property in question is contiguous to the City limits on the west Goal 2: The City encourages all areas that are totally surrounded by the City to annex. Criterion Met. The subject property is totally surrounded. 78 Staff Report for the Yellowstone Montessori Academy Annexation and Zone Map Amendment, Application 22121 Page 11 of 27 Goal 3: The City encourages all properties currently contracting with the City for City services such as water, sanitary sewer, and/or fire protection to annex. Neutral. The subject property has a single dwelling using well and septic system. It is not currently contracting with the City for water, sewer or fire protection services. Future development will be required to connect with City services. Goal 4: The City of Bozeman requires annexation of all land proposed for development lying within the existing and planned service area of the municipal water and sewer systems as depicted in their respective facility plans, any land proposed for development that proposes to utilize municipal water or sewer systems. Criterion Met. The subject property lies within the planned service area of the municipal water and sewer services. Future proposed developments will be required to utilize municipal water or sewer systems. Goal 5: The City encourages annexations within the urban area identified on the future land use map in the current Bozeman Growth Policy. Criterion Met. As shown in Section 1, the subject property is planned as ‘Urban Neighborhood’ and is within the urban area of the growth policy. See the discussion under Criterion A of Section 6 of the report for more information on the growth policy. Goal 6: The City of Bozeman encourages annexations to make the City boundaries more regular rather than creating irregular extensions which leave unannexed gaps between annexed areas or islands of annexed or unannexed land. Criterion Met. The proposed annexation reduces the size of an unannexed area wholly surrounded by the City. By reducing the inholding area the City boundaries will become more regular. The annexation will not create an annexation island. Goal 7: The City of Bozeman encourages annexations which will enhance the existing traffic circulation system or provide for circulation systems that do not exist at the present time. Criterion Met. The subject property will provide additional right of way for Kagy Blvd adjacent to the property. Kagy Blvd is designated by the City as a major arterial. This annexation will enhance both the City’s vehicular and pedestrian network by providing future right of way width for these improvements. Although the improvements will not happen at the time of annexation, future development will be required to install these improvements as their frontage requirements or when the City expands Kagy Blvd. Goal 8: The City prefers annexation of parcels of land larger than five (5) acres in size, but will allow annexation of smaller parcels if factors such as topographic limitations, 79 Staff Report for the Yellowstone Montessori Academy Annexation and Zone Map Amendment, Application 22121 Page 12 of 27 sanitary disposal needs, fire access, maintenance of public facilities, etc., justify a smaller annexation. Criterion Met. The subject property is approximately less than five acres. However, the property owners seek to connect to the municipal sewer system and annexation is a prerequisite of connection. Goal 9: The City seeks to obtain water rights adequate for future development of the property with annexation. Criterion Met. After annexation, the subject property will be bound to the provisions of 38.410.130 which requires evaluation of water adequacy and provision of water if needed at time of development. The municipal code section requires water rights or an equivalent to be provided. Exact timing and amounts will be evaluated during development review. There are several methods to address the requirements of 38.410.130. The annexation agreement will provide notice of this requirement, see Terms of Annexation 3&7. The landowner will consent to this requirement by signature on the annexation agreement. Goal 10: The City of Bozeman encourages annexations for City provision of clean treated water and sanitary sewer. Criterion Met. The subject property is located within the City’s planned water and sewer service area. See Goal 4 above. Any future development will be required to connect to the City systems. Per Term of Annexation 3, the Annexation Agreement required to finalize the requested annexation will require the applicant to design extensions of services to meet the City’s adopted infrastructure standards. These include provisions for minimum water pressure and volumes, adequate sewer flows by volume, gravity flow of sewers, and other standards necessary to protect public health and safety and ensure functional utilities. Resolution No. 5076 Policies Policy 1: Annexations must include dedication of all easements for rights-of-way for collector and arterial streets, adjacent local streets, public water, sanitary sewer, or storm or sewer mains, and Class I public trails not within the right of way for arterial or collector streets. Annexations must also include waivers of right to protest the creation of special or improvement districts necessary to provide the essential services for future development of the City. Criterion Met. As discussed in Section 5 Goal 7, additional right of way is being included for Kagy Blvd. The Recommended Terms of Annexation include requirements for these right of way provisions. See Terms of Annexation 6. 80 Staff Report for the Yellowstone Montessori Academy Annexation and Zone Map Amendment, Application 22121 Page 13 of 27 Policy 2: Issues pertaining to master planning and zoning must be addressed prior to or in conjunction with the application for annexation. Criterion Met. The subject property is planned for Urban Neighborhood. No change to the growth policy is required. The application includes a request for initial zoning of R-4. See the zone map amendment section of this report for analysis of the zone map amendment criteria. Policy 3: The application for annexation must be in conformance with the current Bozeman Growth Policy. If a Growth Policy Amendment is necessary to accommodate anticipated uses, the amendment process must be initiated by the property owner and completed prior to any action for approval of the application for annexation. Criterion Met. The property is designated “Urban Neighborhood” on the future land use map. No growth policy amendment is required. See discussion under zone map amendment Criterion A. Policy 4: Initial zoning classification of the property to be annexed will be determined by the City Commission, in compliance with the Bozeman Growth Policy and upon a recommendation of the City Zoning Commission, simultaneously with review of the annexation petition. The City Zoning Commission will review the requested zoning district designation on October 17, 2022. The Zoning Commission’s recommendation will be provided to the City Commission for review and consideration along with the annexation request on November 1, 2022. Policy 5: The applicant must indicate their preferred zoning classification as part of the annexation petition. Criterion Met. The applicant has requested a zoning designation of R-4, Residential High- Density district. See Section 6 of this report for analysis of the requested zoning. Policy 6: Fees for annexation processing will be established by the City Commission. Criterion Met. The appropriate application processing and review fees accompanied the application. Policy 7: It is the policy of the City that annexations will not be approved where unpaved county roads will be the most commonly used route to gain access to the property unless the landowner proposes a method to provide for construction of the road to the City’s street standards. Criterion Met. The subject property is accessed by Kagy Blvd which is paved. 81 Staff Report for the Yellowstone Montessori Academy Annexation and Zone Map Amendment, Application 22121 Page 14 of 27 Policy 8: Prior to annexation of property, the City will require the property owner to acquire adequate and usable water rights, or an appropriate fee in lieu thereof, in accordance with Section 38.410.130 of the municipal code, as amended. Criterion Met. The property owner shall provide usable water rights, or cash in-lieu of water rights thereof, in an amount to be determined by the Director of Public Works, as outlined by Section 38.410.130 of the municipal code. The calculated amount will be determined by the Engineering Division and based on the zoning designation approved by the City Commission. Term of annexation 3 requires notice of this requirement to be part of the annexation agreement. Satisfaction of this requirement will occur with future development per Term of annexation 7. Policy 9: Infrastructure and emergency services for an area proposed for annexation will be reviewed for the health, safety and welfare of the public and conformance with the City’s adopted facility plans. If the City determines adequate services cannot be provided to ensure public health, safety and welfare, the City may require the property owner to provide a written plan for accommodation of these services, or the City may reject the petition for annexation. Additionally, the parcel to be annexed may only be provided sanitary sewer service via the applicable drainage basin defined in the City Wastewater Collection Facilities Plan. Criterion Met. City infrastructure and emergency services are available to the subject property. The property is located adjacent to existing urban development that is currently served by Bozeman Fire and Police Departments. The property is located in the City’s water and sewer service areas. Expansion of municipal utility and park facilities to serve the development will occur during the development process. As noted above, the annexation agreement will require future development to meet municipal standards. Policy 10: The City may require annexation of any contiguous property for which city services are requested or for which city services are currently being provided. In addition, any person, firm, or corporation receiving water or sewer service outside of the City limits is required as a condition of initiating or continuing such service, to consent to annexation of the property serviced by the City. The City Manager may enter into an agreement with a property owner for connection to the City’s sanitary sewer or water system in an emergency conditioned upon the submittal by the property owner of a petition for annexation and filing of a notice of consent to annexation with the Gallatin County Clerk and Recorder’s Office. The contract for connection to city sewer and/or water must require the property owner to annex or consent to disconnection of the services. Connection for purposes of obtaining City sewer services in an emergency requires, when feasible as determined by the City, the connection to City water services. 82 Staff Report for the Yellowstone Montessori Academy Annexation and Zone Map Amendment, Application 22121 Page 15 of 27 Criterion Met. City services are not currently being provided to this property. Future development will be required to hook up to City services. This annexation is not a result of an emergency condition requiring connection. Policy 11: The annexation application shall be accompanied by mapping to meet the requirements of the Director of Public Works. Where an area to be annexed can be entirely described by reference to a certificate of survey or subdivision plat on file with the Gallatin County Clerk and Recorder the mapping may be waived by the Director of Public Works. Criterion Met. Mapping to meet the requirements of the Director of Public Works must be provided with the Annexation Agreement. Mapping requirements are addressed in Recommended Term of Annexation 2. The a metes and bounds description of the property is required along with the map as the annexation must include adjacent right of way and therefore cannot be described solely by reference to platted lands. Policy 12: The City will assess system development/ impact fees in accordance with Montana law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code. Neutral. The annexation does not require immediate payment of fees. The annexation agreement will provide notice of obligations to pay impact fees at times of triggers as required in ordinance. Policy 13: Public notice requirements: Notice for annexation of property must be coordinated with the required notice for the zone map amendment required with all annexation. The zone map amendment notice must contain the materials required by 38.220.410, BMC. Notices of the public hearing have been mailed, published in the Bozeman Daily Chronicle twice, and posted on the site as required. See Appendix A for more details. Policy 14: Annexation agreements must be executed and returned to the City within 60 days of distribution of the annexation agreement by the City, unless another time is specifically identified by the City Commission. Criterion Met. This policy will be implemented only if the Commission acts to grant approval. If the application is denied then no annexation agreement will be necessary. Policy 15: When possible, the use of Part 46 annexations is preferred. Criterion Met. This annexation is being processed under Part 46 provisions. Policy 16: Where a road improvement district has been created, the annexation does not repeal the creation of the district. The City will not assume operations of the district until the entirety of the district has been annexed. Any funds held in trust for the district will be used to benefit the district after transfer to the City. Inclusion within a 83 Staff Report for the Yellowstone Montessori Academy Annexation and Zone Map Amendment, Application 22121 Page 16 of 27 district does not lessen the obligation to participate in general city programs that address the same subject. Neutral. No road improvement district is associated with this application. Policy 17: The City will notify the Gallatin County Planning Department and Fire District providing service to the area of applications for annexation. Criterion Met. The necessary agencies were notified and provided copies of the annexation and zoning application information. Policy 18: The City will require connection to and use of all City services upon development of annexed properties. The City may establish a fixed time frame for connection to municipal utilities. Upon development, unless otherwise approved by the City, septic systems must be properly abandoned and the development connected to the City sanitary sewer system. Upon development, unless otherwise approved by the City, water wells on the subject property may be used for irrigation, but any potable uses must be supplied from the City water distribution system and any wells disconnected from structures. The property owner must contact the City Water and Sewer Superintendent to verify disconnects of wells and septic systems. Criterion Met. There are existing septic systems or wells that will need to be abandoned or disconnected from the existing home. All future development will be required to connect to city services. Terms of Annexation 9-10 requires necessary processes for the connections to occur. SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications for plan approval under this title, the advisory boards and City Commission must consider the following criteria (letters A-K). As an amendment is a legislative action, the Commission has broad latitude to determine a policy direction. The burden of proof that the application should be approved lies with the applicant. A zone map amendment must be in accordance with the growth policy (criteria A) and be designed to secure safety from fire and other dangers (criteria B), promote public health, public safety, and general welfare (criteria C), and facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a zone map amendment the Commission must find Criteria A-D are met. In addition, the Commission must also consider criteria E-K, and may find the zone map amendment to be positive, neutral, or negative with regards to these criteria. To approve the zone map amendment, the Commission must find the positive outcomes of the amendment outweigh negative outcomes for criteria E-K. 84 Staff Report for the Yellowstone Montessori Academy Annexation and Zone Map Amendment, Application 22121 Page 17 of 27 In determining whether the criteria are met, Staff considers the entire body of plans and regulations for land development. Standards which prevent or mitigated negative impacts are incorporated throughout the entire municipal code but are principally in Chapter 38, Unified Development Code. Section 76-2-304, MCA (Zoning) Criteria A. Be in accordance with a growth policy. Criterion Met. The Bozeman Community Plan (BCP) 2020, Chapter 5, p. 73, in the section titled Review Criteria for Zoning Amendments and Their Application, discusses how the various criteria in 76-2-304 MCA are applied locally. Application of the criteria varies depending on whether an amendment is for the zoning map or for the text of Chapter 38, BMC. The first criterion for a zoning amendment is accordance with a growth policy. Future Land Use Map The proposed amendment is a change to the zoning map. Therefore, it is necessary to analyze compliance with the future land use map. Chapter 3 of the BCP 2020 addresses the future land use map. The introduction to that chapter discusses the importance of the chapter. Following are some excerpts. “Future land use is the community’s fundamental building block. It is an illustration of the City’s desired outcome to accommodate the complex and diverse needs of its residents.” “The land use map sets generalized expectations for what goes where in the community. Each category has its own descriptions. Understanding the future land use map is not possible without understanding the category descriptions.” The area of this application is within the anticipated growth area of the City. As shown on the maps in Section 1, on the excerpt of the current future land use map, the property is designated as Urban Neighborhood. The Urban Neighborhood designation description reads: “This category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single type of housing are discouraged. In limited instances, an area may develop at a lower gross density due to site constraints and/or natural features such as floodplains or steep slopes. Complementary uses such as parks, home-based occupations, fire stations, churches, schools, and some neighborhood-serving commerce provide activity centers for community gathering and services. The Urban Neighborhood designation indicates that development is expected to occur within municipal boundaries. This may require annexation prior to development. Applying a zoning district to specific parcels sets the required and allowed density. Higher density residential areas are encouraged to be, but are not required or 85 Staff Report for the Yellowstone Montessori Academy Annexation and Zone Map Amendment, Application 22121 Page 18 of 27 restricted to, proximity to commercial mixed use areas to facilitate the provision of services and employment opportunities without requiring the use of a car.” The correlation between the future land use map of the growth policy and the zoning districts is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the following Correlation with Zoning Table excerpt, the R-4 district is an implementing district of the Urban Neighborhood category. Goals and Policies A zoning amendment is also evaluated against the goals and policies of the BCP 2020. Most of the goals and policies are not applicable to this application. Relevant goals and objectives have been identified by staff. Conflict with the text of the growth policy hasn’t been identified. RC-3.4 Encourage annexation of land adjacent to the City prior to development and encourage annexation of wholly surrounded areas. Goal DCD-1: Support urban development within the City. The proposed zoning is occurring in conjunction with an annexation which is reducing the size of an unannexed inholding. Any future development will be required to occur at urban densities and will be within the City. If the City Commission declines the annexation then the requested R-4 zoning will not occur. DCD-1.11 Pursue annexations consistent with the future land use map and adopted facility plans for development at urban intensity. The proposed zoning is consistent with the future land use map and is within the current facilities plans for transportation, water, and sewer. The three facility plans identify necessary improvements to support urban development on the site. Construction of necessary improvements is required as part of the development approval process. RC-3.3 Prioritize annexations that enable the incremental expansion of the City and its utilities. The annexation is expanding the City to reduce the size of a wholly surrounded county inholding. Utilities are already adjacent to the site. 86 Staff Report for the Yellowstone Montessori Academy Annexation and Zone Map Amendment, Application 22121 Page 19 of 27 B. Secure safety from fire and other dangers. Criterion Met. The property is not within any delineated floodplain nor does it have other known natural hazards. Upon annexation the subject property will be provided with City emergency services including police, fire and ambulance. The City provides emergency services to adjacent properties and no obstacles have been identified in extending service to this parcel. C. Promote public health, public safety, and general welfare. Criterion Met. The proposed zoning designation will promote general welfare by implementing the future land use map and identified policies in the BCP 2020. Public health and safety will be positively affected by requiring the existing development to connect to municipal sanitary sewer, which will prevent groundwater pollution and depletion by wells and septic systems. The existing septic system will be removed and the home connected to the sanitary sewer upon further development. Development and redevelopment must be in accordance with modern building, access, stormwater, pedestrian circulation, ingress and egress to the site, and full connection to the greater transportation network for users ensuring the promotion of public health, safety and general welfare. The right of way for Kagy Blvd will facilitate construction of pedestrian and bicycle facilities now missing in this section of the road. D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. Criterion Met. This property is included in future planning areas for transportation, parks, sewer, and water. The City conducts extensive planning for municipal transportation, water, sewer, parks, and other facilities and services provided by the City. The adopted plans allow the City to consider existing conditions and identify enhancements needed to provide additional service needed by new development. The City implements these plans through its capital improvements program that identifies individual projects, project construction scheduling, and financing of construction. As stated in 38.300.020.C, the designation of a zoning district does not guarantee approval of new development until the City verifies the availability of needed infrastructure. All zoning districts in Bozeman enable a wide range of uses and intensities. At time of future subdivision or site plan review the need for individual services can be more precisely determined. No subdivision or site plan is approved without demonstration of adequate capacity. 38.300.020.C, “Placement of any given zoning district on an area depicted on the zoning map indicates a judgment on the part of the city that the range of uses allowed within that district are generally acceptable in that location. It is not a guarantee of approval for any given use prior to the completion of the appropriate review procedure and compliance with all of the applicable requirements and development standards of this chapter and other 87 Staff Report for the Yellowstone Montessori Academy Annexation and Zone Map Amendment, Application 22121 Page 20 of 27 applicable policies, laws and ordinances. It is also not a guarantee of immediate infrastructure availability or a commitment on the part of the city to bear the cost of extending services.” See also comments under Criterion C. All future construction must extend services in conjunction with subdivision and site development. Those extensions must meet current standards and will advance this standard. The right of way for Kagy Blvd provided with the annexation will facilitate construction of pedestrian and bicycle facilities now missing in this section of the road. E. Reasonable provision of adequate light and air. Criterion Met. The R-4 zoning designation has requirements for setbacks, height, and lot coverage which provide for the reasonable provision of adequate light and air. Any future development of the property will be required to conform to City standards for setbacks, height, lot coverage, and buffering. The criterion is not about personal preferences but about protection of public health and safety. The adopted standards address protection of public health and safety. In addition to the zoning standards, adopted building codes contain more detailed requirements for air circulation, window placement, and building separation that further ensure the intent of this criterion is satisfied. F. The effect on motorized and non-motorized transportation systems. Criterion Met. The proposed zoning will allow for a higher density of use than is currently allowed under Gallatin County zoning of Residential Suburban. R-4 allows for smaller setbacks and taller buildings. To meet the adopted standards of 38.400, when a development is proposed, they will be responsible for their frontage improvements along Kagy Blvd. Assuming there is a nexus, future development will be required to provide these improvements which will enhance the city’s motorized and non-motorized transportation systems. Sidewalks and bike facilities are minimum standards and will be constructed as needed and may be coordinated with a larger project to expand Kagy Blvd. 1705 W. Kagy Blvd has a Walk Score of 43, a Transit score of 18, and Bike Score of 62. Average walk score for the city as a whole is 47 out of 100. These values are provided by Walk Score, a private organization which presents information on real estate and transportation through walkscore.com. The algorithm which produces these numbers is proprietary and is currently relying on data from older US Census efforts. 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 88 Staff Report for the Yellowstone Montessori Academy Annexation and Zone Map Amendment, Application 22121 Page 21 of 27 therefore diversity of uses is less than in fully established areas. There are no adopted development standards relating to the walk score. G. Promotion of compatible urban growth. Criterion Met. The intent of the REMU zone is: Residential high density district (R-4). The intent of the R-4 residential high density district is to provide for high-density residential development through a variety of housing types within the city with associated service functions. This purpose is accomplished by: 1. Providing for minimum lot sizes in developed areas consistent with the established development patterns while providing greater flexibility for clustering lots and mixing housing types in newly developed areas. 2. Providing for a variety of compatible housing types, including single and multi- household dwellings to serve the varying needs of the community's residents. 3. Allowing office use as a secondary use, measured by percentage of total building area. Use of this zone is appropriate for areas adjacent to mixed-use districts, commercial districts, and/or served by transit to accommodate a higher density of residents in close proximity to jobs and services. The subject property is adjacent to low-density residential uses to the east, medium density residential uses to the north, and institutional and planned high density residential uses to the south. In addition, the proposed zoning is in accordance with the Bozeman Community Plan’s future land use designation of Urban Neighborhood. The City has adopted two definitions to help understand the meaning of this criterion. 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. 89 Staff Report for the Yellowstone Montessori Academy Annexation and Zone Map Amendment, Application 22121 Page 22 of 27 The allowed uses in the R-4 district are consistent with adjacent uses; the development standards will avoid spillover effects on adjacent development. Therefore the criterion is met. H. Character of the district. Criterion Met. Section 76-2-302, MCA says “…legislative body may divide the municipality into districts of the number, shape, and area as are considered best suited to carry out the purposes [promoting health, safety, morals, or the general welfare of the community] of this part.” Emphasis added. This proposal amends the zoning map and not the text. Therefore, no element of this amendment modifies the standards of any zoning district. The character of the districts as created by those standards remains intact. As noted above, the City Commission has latitude in considering the geographical extents of a zoning district. The project site is adjacent to R-4 to the west, REMU to the south, R-2 to the north of the western parcel, and unannexed land zoned as Residential Suburban to the east and north for the eastern parcel. The site is approximately a third of a mile from Montana State University. The general area is receiving steady and more intensive development pressure. It is not expected that zoning freeze the character of an area in perpetuity. Rather, it provides a structured method to consider changes to the character. The intent and purpose of the R-4 district is available above. The existing character of the site is two parcels with one home on each. One home has been converted to a daycare. The area has a mix of existing and potential uses with multiple zoning districts being in near proximity. The requested zone district is adjacent to the site. The annexing portion of this application is one of five unannexed parcels along Kagy Blvd between S. 11th and S 19th Avenues. R4 is the predominant municipal zone along this stretch of Kagy Blvd. I. Peculiar suitability for particular uses. Criterion Met. The site is well located in relation to utilities and transportation. Proximity of housing to significant services and employment is encouraged in the growth policy. The site has access to an arterial street. The site is close to MSU. The uses allowed in the R-4 district are consistent with other uses in the vicinity. J. Conserving the value of buildings. Criterion Met. There are two buildings on the site. One is in use as a daycare. The other is an individual detached home. The amendment is for the zoning map and does not alter allowed uses on adjacent property. The uses allowed in the R-4 district are already prevalent in the area. 90 Staff Report for the Yellowstone Montessori Academy Annexation and Zone Map Amendment, Application 22121 Page 23 of 27 K. Encourage the most appropriate use of land throughout the jurisdictional area. Criterion Met. The proposed R-4 zoning designation will encourage the most appropriate use of land as the property is adjacent to both residential and future commercial uses. There is excellent access to the city’s services, including streets, thus is able to support a higher intensity of uses as allowed within the R-4 zoning district. Furthermore, the proposed R-4 zoning designation is consistent with the BCP 2020 future land use map designation of “Urban Neighborhood”. Spot Zoning Criteria Rezoning may, in certain factual circumstances, constitute impermissible “spot zoning.” The issue of whether a rezoning constitutes spot zoning was discussed by the Montana Supreme Court in Plains Grains LP v. Board of County Comm’rs of Cascade County and Little v. Bd. Of County Comm’rs, in which the Court determined that the presence of the following three conditions generally will indicate that a given situation constitutes spot zoning, regardless of variations in factual scenarios. Based on the review of the following criteria, Staff concludes that this application is not Spot Zoning. 1. Is the proposed use significantly different from the prevailing land uses in the area? Criterion not met. The amendment site bridges areas with different uses. The project site is adjacent to R-4 to the west, REMU to the south, R-2 to the north of the western parcel, and unannexed land zoned as Residential Suburban to the east and north for the eastern parcel. The site is approximately a third of a mile from Montana State University. The uses allowed in the R-4 district are primarily residential ranging from single detached home to apartment buildings. Some non-residential uses such as daycare centers (allowed in all residential districts) are also possible. Uses adjacent to the site include detached and attached homes and a church. The site is in close proximity to other R-4 designated property. Therefore the proposed allowed uses in R-4 are not different from the prevailing land uses in the area. As discussed in Criterion A above, the R-4 zoning is consistent with the adopted growth policy. 2. Is the area requested for the rezone rather small in terms of the number of separate landowners benefited from the proposed change? Criterion not met. The application is submitted by one landowner in conjunction with the proposed annexation of the property. While the City supports and encourages multiparty annexation applications, they are not required. Single owner petition annexation requests are the most frequently seen. The amendment is consistent with and supports the City’s adopted growth policy, thus it is a benefit to the greater community even though the number of immediate landowners benefited are small. 91 Staff Report for the Yellowstone Montessori Academy Annexation and Zone Map Amendment, Application 22121 Page 24 of 27 3. Would the change be in the nature of “special legislation” designed to benefit only one or a few landowners at the expense of the surrounding landowners or the general public? Criterion not met. While the applicant will directly benefit from the proposed zone map amendment, the amendment is not at the expense of surrounding landowners or the general public. As discussed in the review criteria above, no substantial negative impacts are identified due to this amendment. The application is consistent both with the City’s growth policy. The growth policy consistency demonstrates benefit to the general public and greater community. As mentioned previously, any future development will require the applicant to provide the needed infrastructure to support new development. Concurrency and adequacy of infrastructure should mitigate potential negative effects on others. As discussed in Criterion H, the application is similar and consistent with the existing and developing character of the area to the east within the City. Change is character is inevitable with a change from agriculture to any urban use. The development standards of the City will address utility, transportation, and other issues to mitigate impacts from future development. These standards are applied during subdivision and zoning review of proposed development. Therefore, the amendment does not benefit the landowner at the expense of others. PROTEST NOTICE FOR ZONING AMENDMENTS IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION. The City will accept written protests from property owners against the proposal described in this report until the close of the public hearing before the City Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property within the area affected by the proposal or by owner(s) of real property that lie within 150 feet of an area affected by the proposal. The protest must be in writing and must be signed by all owners of the real property. In addition, a sufficient protest must: (i) contain a description of the action protested sufficient to identify the action against which the protest is lodged; and (ii) contain a statement of the protestor's qualifications (including listing all owners of the property and the physical address), to protest the action against which the protest is lodged, including ownership of property affected by the action. Signers are encouraged to print their names after their signatures. A person may in writing withdraw a previously filed protest at any time prior to final action by the City Commission. Protests 92 Staff Report for the Yellowstone Montessori Academy Annexation and Zone Map Amendment, Application 22121 Page 25 of 27 must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230. APPENDIX A - NOTICING AND PUBLIC COMMENT Notice was published in the Bozeman Daily Chronicle on September 25th and October 9th, 2022. The notice was posted on site and notices mailed by the applicant as required by 38.220 and the required confirmation provided to the Planning Office. Notice was provided at least 15 and not more than 45 days prior to any public hearing. As of the writing of this report on October 12, 2022, no written comments have been received on this application. APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING Adopted Growth Policy Designation: The property is designated as “Urban Neighborhood” in the Bozeman Community Plan 2020. “This category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single type of housing are discouraged. In limited instances, an area may develop at a lower gross density due to site constraints and/or natural features such as floodplains or steep slopes. Complementary uses such as parks, home-based occupations, fire stations, churches, schools, and some neighborhood-serving commerce provide activity centers for community gathering and services. The Urban Neighborhood designation indicates that development is expected to occur within municipal boundaries. This may require annexation prior to development. Applying a zoning district to specific parcels sets the required and allowed density. Higher density residential areas are encouraged to be, but are not required or restricted to, proximity to commercial mixed use areas to facilitate the provision of services and employment opportunities without requiring the use of a car.” The Zoning Correlation Table on Page 58 of the Bozeman Community Plan 2020 correlates zoning districts with the Growth Policy’s land use categories, demonstrating that the proposed zoning designation of REMU correlates with the Growth Policy’s future land use designation of “Urban Neighborhood”. 93 Staff Report for the Yellowstone Montessori Academy Annexation and Zone Map Amendment, Application 22121 Page 26 of 27 94 Staff Report for the Yellowstone Montessori Academy Annexation and Zone Map Amendment, Application 22121 Page 27 of 27 APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF Owner/Applicant: Y.M.A. Properties, 144 Sir Arthur Dr., Bozeman MT 59718 Representative: Yellowstone Montessori Academy, 1705 W. Kagy Blvd, Bozeman MT 59715 Report By: Chris Saunders, Community Development Manager, Community Development Department FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Annexation or Zone Map Amendment. ATTACHMENTS The full application and file of record was electronically submitted and can be viewed at https://www.bozeman.net/governmnet/planning/using-the-planning-map. Select ‘Project Documents’ and navigate to application 22121 to view the full application. Digital access is also available at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Application materials direct link: https://weblink.bozeman.net/WebLink/Browse.aspx?id=263187&dbid=0&repo=BOZEMAN 95 Memorandum REPORT TO:Community Development Board FROM:Tom Rogers, Senior Planner Anna Bentley, Interim Community Development Director SUBJECT:Walker Subdivision annexation application 22125 requesting annexation of 2.05 acres plus the adjacent right-of-way and zone map amendment of the City Zoning Map for the establishment of a zoning designation of R-3 (Residential Medium Density District). MEETING DATE:October 17, 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 22125 and move to recommend approval of the Walker Subdivision Annexation Zone Map Amendment, with contingencies required to complete the application processing. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:The applicant and property owners seek to annex one parcel totaling approximately 2.05 acres into the City limits and establish initial zoning of R- 3 (Residential Medium Density District). The property is currently zoned RX- MD (Residential Existing Medium Density) within the Gallatin County Bozeman Area Zoning District. It is interesting to note the County zoning designation allows only one single-household structure per lot. The property is wholly surrounded by un-annexed property. However, municipal zoning is in close proximity ad includes a variety of commercial designations to the south near the intersection of Frontage Road and Springhill Road, R-1 (Residential Low Density District) to the east, and R-3 to the west. The Future Land Use Map in the Bozeman Community Plan (BCP) 2020 designates the property as “Urban Neighborhood” which includes the R-3 district as an implementing zoning district. Campbell Road is a dedicated right-of-way for public use although is not constructed to a minimum standard and therefore, is maintained by the property owners association. There are no sidewalks adjacent to the property. The proposed annexation would bring in additional right of way. 96 There is an existing 8 inch sanitary sewer pipe adjacent to the property to the south in Campbell Road. A 12 inch water main is installed in adjacent to the property under Campbell Road that was constructed to address issues related to the solvent site contamination. UNRESOLVED ISSUES:There are no identified conflicts on this application at this time. 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. FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Annexation or Zone Map Amendment. Attachments: 22125 Walker Sub Annex-ZMA CDB SR.pdf Report compiled on: October 12, 2022 97 Page 1 of 31 22125 Staff Report for the Walker Subdivision Annexation and Zone Map Amendment Public Hearing: Community Development Board meeting is on October 17, 2022 City Commission meeting is on November 15, 2022 Project Description: Annexation application 22125 requesting annexation of 2.05 acres plus the adjacent right-of-way and zone map amendment of the City Zoning Map for the establishment of a zoning designation of R-3 (Residential Medium Density District). Project Location: On the north side of Campbell Road more particularly described as Lot 5, Block 1, Walker Subdivision, situated in the Northeast One-Quarter (NE ¼) and Southeast One-Quarter (SE ¼) of Section 26, and Southwest One-Quarter (SW ¼) of Section 25, Township One South (T1S), Range Five East (R5E) of P.M.M., Gallatin County, Montana. The annexation and zone map amendment would also apply to the streets adjacent to the property. Recommendation: Meets standards for approval with terms of annexation and contingencies. Recommended 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 22125 and move to recommend approval of the Walker Subdivision Annexation Zone Map Amendment, with contingencies required to complete the application processing. Recommended City Commission Annexation Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 22125 and move to approve the Walker Subdivision Annexation, with recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties. Recommended City Commission Zoning Motion: Having reviewed and considered the staff report, application materials, public comment, recommendation of the Community Development Board, and all information presented, I hereby adopt the findings presented in the staff report for application 22125 and move to approve the Walker Subdivision Zone Map subject to contingencies required to complete the application processing. Report: October 12, 2022 Staff Contact: Tom Rogers, Senior Planner Griffin Nielsen, Engineer Agenda Item Type: Action – Legislative 98 Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 2 of 31 EXECUTIVE SUMMARY This report is based on the application materials submitted and public comment received to date. This report addresses both the zoning amendment for Zoning Commission as well as the annexation and the zoning amendment for the City Commission. Application materials available at: https://weblink.bozeman.net/WebLink/Browse.aspx?startid=261883 Unresolved Issues There are no identified conflicts on this application at this time. Project Summary The applicant and property owners seek to annex one parcel totaling approximately 2.05 acres into the City limits and establish initial zoning of R-3 (Residential Medium Density District). The property is currently zoned RX-MD (Residential Existing Medium Density) within the Gallatin County Bozeman Area Zoning District. It is interesting to note the County zoning designation allows only one single-household structure per lot. The property is wholly surrounded by un-annexed property. However, municipal zoning is in close proximity ad includes a variety of commercial designations to the south near the intersection of Frontage Road and Springhill Road, R-1 (Residential Low Density District) to the east, and R-3 to the west. The Future Land Use Map in the Bozeman Community Plan (BCP) 2020 designates the property as “Urban Neighborhood” which includes the R-3 district as an implementing zoning district. Campbell Road is a dedicated right-of-way for public use although is not constructed to a minimum standard and therefore, is maintained by the property owners association. There are no sidewalks adjacent to the property. The proposed annexation would bring in additional right of way. There is an existing 8 inch sanitary sewer pipe adjacent to the property to the south in Campbell Road. A 12 inch water main is installed in adjacent to the property under Campbell Road that was constructed to address issues related to the solvent site contamination. In determining whether the criteria applicable to this application are met, Staff considers the entire body of plans and regulations for land development. Standards which prevent or mitigate possible negative impacts are incorporated in many locations in the municipal code but are principally in Chapter 38, Unified Development Code. References in the text of this report to Articles, Divisions, or in the form xx.xxx.xxx are to the Bozeman Municipal Code. 99 Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 3 of 31 No public comment has been received as of the date of production of this report. Community Development (Zoning Commission) 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. City Commission Alternatives 1. Approve the application with suggested terms of annexation and contingencies necessary for processing; 2. Approve the application with modifications to the recommended zoning; 3. Deny the application based on the Commission’s findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. 100 Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 4 of 31 TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 2 Unresolved Issues ............................................................................................................... 2 Project Summary ................................................................................................................. 2 Community Development (Zoning Commission) Alternatives .......................................... 3 City Commission Alternatives ............................................................................................ 3 SECTION 1 - MAP SERIES: ................................................................................................... 5 SECTION 2 - RECOMMENDED TERMS OF ANNEXATION ............................................ 8 SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT... 10 SECTION 4 – ADVISORY COMMENTS ............................................................................ 11 SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 12 Annexation ........................................................................................................................ 12 Zone Map Amendment ..................................................................................................... 12 SECTION 6 - ANNEXATION STAFF ANALYSIS AND FINDINGS ................................ 13 SECTION 7 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ........... 19 Spot Zoning Criteria ......................................................................................................... 27 PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 28 APPENDIX A - NOTICING AND PUBLIC COMMENT .................................................... 29 APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 29 APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF ............................ 31 FISCAL EFFECTS ................................................................................................................. 31 ATTACHMENTS ................................................................................................................... 31 101 Page 5 of 31 SECTION 1 - MAP SERIES: Map 1: Project Vicinity Map Baxter Lane Water Reclamation Facility Billings Clinic Subject Property 102 Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 6 of 31 Map 2: BCP 2020 Future Land Use Map Subject Property Urban Neighborhood Regional Commercial Mixed Use Community Commercial Mixed Use Public Institutions Residential Mixed Use Urban Neighborhood Public Institutions Maker Space Mixed Use Parks & Open Lands 103 Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 7 of 31 Map 3: Existing City Zoning Subject Property 104 Page 8 of 31 SECTION 2 - RECOMMENDED TERMS OF ANNEXATION The following terms of annexation are recommended to enable the application to comply with the City’s Annexation Policy and the requirements of state law for the provision of services. Recommended terms of annexation: 1. The documents and exhibits to formally annex the subject property must be identified as the “Walker Subdivision Annexation”. 2. An Annexation Map, titled “Walker Subdivision Annexation” with a legal description of the property and any adjoining un-annexed rights-of-way and/or street access easements must be submitted by the applicant for use with the Annexation Agreement. The map must be supplied as a PDF for filing with the Annexation Agreement at the County Clerk & Recorder, and a digital copy for the City Engineers Office. This map must be acceptable to the Director of Public Works and City Engineers Office, and must be submitted with the signed Annexation Agreement. 3. The Annexation Agreement must include notice that the applicant must connect to municipal services and will be responsible for installing any facilities required to provide full municipal services to the property in accordance with city policy at the time of connection. 4. The applicant must execute all contingencies and terms of said Annexation Agreement with the City of Bozeman within 60 days of the distribution of the annexation agreement from the City to the applicant or annexation approval shall be null and void. 5. The Annexation Agreement must include the following notices: a. The Annexation Agreement must include notice that, prior to development, the applicant will be responsible for preparing a storm water master plan in conjunction with future development. The storm water master plan shall address maintenance and operations until and unless the City affirmatively assumes responsibility for maintenance and operations of stormwater facilities within the area of the annexation. b. The Annexation Agreement must include notice the City will, upon annexation, make available to the Property existing City services only to the extent currently available, or as provided in the Agreement. c. The Annexation Agreement must include notice that, prior to future final development approval, the applicant will be responsible for transfer of water rights or a payment in lieu as required by the Bozeman Municipal Code. d. The Annexation Agreement must include notice that there is no right, either granted or implied, for Landowner to further develop any of the Property until it is verified by the City that the necessary municipal services are available to the property. e. The Annexation Agreement must include notice that, prior to development, the applicant will be responsible for installing any facilities required to provide full municipal services to the properties in accordance with the City of Bozeman's 105 Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 9 of 31 infrastructure master plans and all City policies that may be in effect at the time of development. f. The Annexation Agreement must include notice that utility easements may be required to be provided by the landowner at the time of development to ensure necessary municipal services are available to the property. g. The Annexation Agreement must include notice that charges and assessments may be required after completion of annexation to ensure necessary municipal services are available to the property. h. The Annexation Agreement must include notice that the City will assess system development and impact fees in accordance with Montana law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code. i. All procedural terms necessary to establish the Annexation Agreement in conformance with state law and municipal practice will be included with the final Annexation Agreement. 6. City of Bozeman Resolution 5076, Policy 1 - If they do not already exist, the applicant must provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SIDs) for the following: a. Street improvements to Campbell Road including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. b. Intersection improvements to Campbell Road and Springhill Road including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. c. Alternate Financing Term. The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of the improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. The applicant must provide a copy of the SID waiver in conjunction with the Annexation Agreement. d. SID waiver template term. The applicant may obtain a copy of the template SID waiver from the City Engineering Department. The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the applicant agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. The applicant must provide a copy of the SID waiver filed with the County Clerk and Recorder prior to annexation. 7. The applicant must provide a copy of the filed SID waiver prior to the adoption of Resolution of Annexation. A draft SID waiver with required streets and intersections is included in the city documents folder. 106 Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 10 of 31 8. City of Bozeman Resolution 5076, Policy 1 The property owner must provide a 10 foot utility easement along the property frontage directly abutting the Campbell Road for the extension of dry utility to and through the property prior to the adoption of Resolution of Annexation. 9. The applicant must contact Brian Heaston with the City’s Engineering Department to obtain an analysis of cash-in-lieu of water rights for the proposed annexation. The determined amount must be paid prior to the adoption of Resolution of Annexation, if applicable. 10. The land owners and their successors must pay all fire, street, water and sewer impact fees at the time of connection; and for future development, as required by Chapter 2, Bozeman Municipal Code, or as amended at the time of application for any permit listed therein. 11. The subject property is located within the Solvent Site Payback District for water improvements. The subject property’s proportionate share of the payback is $7,293.86 (2.042 acres at a rate $0.082/Square Feet). The applicant is advised that the payback must be paid prior to the adoption of the Resolution of Annexation. SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT Please note that these contingencies are necessary for the City to complete the process of the proposed amendment. These contingencies only apply in the event that the related annexation request has previously been approved. Recommended Contingencies of Approval: 1. The applicant must submit a zone amendment map, titled “Walker Subdivision Zone Map Amendment”, acceptable to the Director of Public Works, as a PDF which will be utilized in the preparation of the Ordinance to officially amend the City of Bozeman Zoning Map. Said map shall contain a metes and bounds legal description of the perimeter of the subject property including adjacent rights-of-way, and total acreage of the property. 2. That all documents and exhibits necessary to establish the amended municipal zoning designation of R-3 (Residential Medium Density District) shall be identified as the Walker Subdivision Zone Map Amendment. 3. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant provides an editable metes and bounds legal description prepared by a licensed Montana surveyor. 4. All required materials shall be provided to the Department of Community Development within 60 days of a favorable action of the City Commission or any approval shall be null and void. 107 Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 11 of 31 SECTION 4 – ADVISORY COMMENTS 1. Portions of the subject property are located within the FEMA-regulated floodplain. Upon annexations, the property will also be subject to the City's floodplain regulations. A floodplain permit will be required for future development on the property unless specifically included in BMC38.600.240. a. A City floodplain permit must be obtained prior to building permit approval for the proposed structure shown in Concept Application No. 21-451, as part of the floodplain permit review the owner/owners representative must demonstrate that all applicable permits have been obtained, per BMC 38.600.180.A.2. b. As presented prior to the approval of a City floodplain permit the owner must provide an approved Conditional Letter of Map Revision based on Fill (CLOMR-F) for the proposed fill within the regulated Special Flood Hazard Area (SFHA). Per BMC38.600.260.C.2 the owner must first submit the CLOMR-F application to the City’s floodplain administrator and the DNRC for review and receive written support from both. Upon completion and prior to occupancy of the structure an elevation certificate must be provided to the City’s floodplain administrator along with the approved Final Letter of Map Revision based on Fill (LOMR-F). c. The proposed residential structures lowest flood elevation must be elevated 2 feet above the base flood elevation, the Montana Code Annotated (MCA) 76-5-402.2.b 2. Per BMC 38.400.80.A. City standard sidewalks must be constructed along all public or private streets. Sidewalk will need to be installed with the construction of the proposed project presented in Concept Application No. 21-451. 3. Montana Post-Construction Storm Water BMP Design Guidance Manual Seasonal High Groundwater - The subject project is located in an area that is known to have seasonally high groundwater. The applicant must confirm seasonal high groundwater elevations, and seasonal high groundwater data must be measured and submitted with any future development application on the parcel. Due to the seasonal nature of SHGWL measurements, the applicant is advised to begin groundwater measurements in the winter and continue measuring through July. Measurements must be at sufficient intervals to define the SHGWL across the site. Industry guidance recommends a three-foot minimum separation from the bottom of a stormwater facility to the underlying groundwater table. The applicant is advised that future development may be subject to limitations or restrictions based on seasonal high groundwater elevations. 4. DESIGN Specifications & Standards Policy (DSSP) Section (V) (B) Sanitary Sewer System Design Criteria Upon future development, the applicant must provide an estimate of the peak-hour sanitary sewer demands, certified by a professional engineer, for any proposed project. The City will analyze and determine if sewer capacity is available to accommodate the project. The applicant is advised that the adjacent sanitary sewer main 108 Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 12 of 31 discharges into the Walker lift station. If the lift station was not designed to receive flow from the property or if the proposed demand exceeds assumed demand then upgrades to the lift station may be required. If upgrades are required future development application approvals may be held until the upgrades are completed in accordance with BMC 38.270.030. 5. Future development on the property must comply with this City’s Water Adequacy code requirement, per BMC 38.410.130. The applicant should contact the City’s Engineering Department (Griffin Nielsen) with questions on this requirement or to obtain an analysis of cash-in-lieu of water rights CILWR). The CILWR fee must be paid prior to building permit approval. SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS Annexation Having considered the criteria established for an annexation, the Development Review Committee (DRC) recommends approval of the requested annexation. The City Commission will hold a public meeting on the annexation on November 15, 2022. The meeting will begin at 6 p.m. in the Commission Room at City Hall, 121 N. Rouse Ave, Bozeman, Montana, the City Commission will conduct a public hearing on the proposed Annexation and Zone Map Amendment application. Members of the public will also be able to participate remotely via WebEx. Instructions for joining the WebEx meeting will be included on the meeting agenda which is published on the City’s website at least 48 hours prior to the meeting. Zone Map Amendment Having considered the criteria established for a zone map amendment, the Staff recommends approval as submitted. The Zone Map Amendment (ZMA) is in conjunction with an annexation request. Staff’s recommendation and staff responses are predicated on approval of the annexation, application 22125. The Development Review Committee (DRC) considered the amendment. The DRC did not identify any infrastructure or regulatory constraints that would impede the approval of the application. The Community Development Board acting in their capacity as the Zoning Commission will hold a public hearing on this ZMA on October 17, 2022 and will forward a recommendation to the City Commission on the Zone Map amendment. The City Commission will hold a public meeting on the zone map amendment on November 15, 2022. The meeting will begin at 6 p.m. in the Commission Room at City Hall, 121 N. Rouse 109 Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 13 of 31 Ave, Bozeman, Montana, the City Commission will conduct a public hearing on the proposed Annexation and Zone Map Amendment application. Members of the public will also be able to participate remotely via WebEx. Instructions for joining the WebEx meeting will be included on the meeting agenda which is published on the City’s website at least 48 hours prior to the meeting. SECTION 6 - ANNEXATION STAFF ANALYSIS AND FINDINGS In considering applications for approval of the requested annexation, the advisory boards and City Commission shall consider the following: Commission Resolution No. 5076 Criteria Commission Resolution No. 5076 Goals Goal 1: The City of Bozeman encourages annexations of land contiguous to the City. Criterion not met. The property in question is not contiguous to the City limits. However, the property is within the solvent site area and the City constructed infrastructure to serve properties in this area when they chose to annex into the City and created a payback district to accommodate this, see Term of Annexation No. 11. Goal 2: The City encourages all areas that are totally surrounded by the City to annex. Criterion not met. The subject property is not totally surrounded by City limits. There are other annexed property in the immediate vicinity that are not wholly surrounded. As noted in Goal 1 above, the City has invested in infrastructure to accommodate annexation when appropriate. Please refer to Section 1: Map Series. Goal 3: The City encourages all properties currently contracting with the City for City services such as water, sanitary sewer, and/or fire protection to annex. Neutral. The subject property is not currently contracting for services. Goal 4: The City of Bozeman requires annexation of all land proposed for development lying within the existing and planned service area of the municipal water and sewer systems as depicted in their respective facility plans, any land proposed for development that proposes to utilize municipal water or sewer systems. Criterion Met. The subject property lies within the planned service area of the municipal water and sewer services. Any proposed structures will be required to connect and utilize municipal water or sewer systems. 110 Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 14 of 31 Goal 5: The City encourages annexations within the urban area identified on the future land use map in the current Bozeman Growth Policy. Criterion Met. As shown in Section 1, the subject property is planned as ‘Urban Neighborhood’ and is within the urban area of the growth policy. See the discussion under Criterion A of Section 6 of the report for more information on the growth policy. Goal 6: The City of Bozeman encourages annexations to make the City boundaries more regular rather than creating irregular extensions which leave unannexed gaps between annexed areas or islands of annexed or unannexed land. Criterion Met. The proposed annexation fills another gap in a checkerboard of City/County properties. The original Walker Subdivision and Planned Unit Development was reviewed and approved when the Bozeman City/County Planning Board was in place and anticipated being a part of the City of Bozeman and at urban planed densities, with a 1992 urban perspective. The property is adjacent to municipal water and sewer services which were installed many years ago. The site is also within the Bozeman Solvent Site plume and development requires connection to municipal services which requires annexation. Goal 7: The City of Bozeman encourages annexations which will enhance the existing traffic circulation system or provide for circulation systems that do not exist at the present time. Criterion Met. The subject property will provide the necessary right of way and utility easements for Campbell Road. Campbell Road was created with a full 60 foot right-of-way with the original subdivision. The roadway was not constructed to a City standard and is maintained by the property owners association. No addition internal street network is required to serve the property at this time. Further development may necessitate improvements to Campbell Road. Goal 8: The City prefers annexation of parcels of land larger than five (5) acres in size, but will allow annexation of smaller parcels if factors such as topographic limitations, sanitary disposal needs, fire access, maintenance of public facilities, etc., justify a smaller annexation. Criterion not met. The subject property is 2.05 acres. Goal 9: The City seeks to obtain water rights adequate for future development of the property with annexation. Criterion Met. After annexation, the subject property will be bound to the provisions of 38.410.130 which require evaluation of water adequacy and provision of water if needed at time of development. The municipal code section requires water rights or an equivalent to be provided. Exact timing and amounts will be evaluated during development review. There are several methods to address the requirements of 38.410.130. The annexation agreement will 111 Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 15 of 31 provide notice of this requirement, see Terms of Annexation 9. The landowner will consent to this requirement by signature on the annexation agreement. Goal 10: The City of Bozeman encourages annexations for City provision of clean treated water and sanitary sewer. Criterion Met. The subject property is located within the City’s planned water and sewer service area. See Goal 4 above. There is an existing 8 inch sanitary sewer and a 12 inch water supply pipe in a utility easement to the east of the property. Any future development will be required to connect to the City systems. Per Term of Annexation 5, the Annexation Agreement required to finalize the requested annexation will require the applicant to design extensions of services to meet the City’s adopted infrastructure standards. These include provisions for minimum water pressure and volumes, adequate sewer flows by volume, gravity flow of sewers, and other standards necessary to protect public health and safety and ensure functional utilities. Resolution No. 5076 Policies Policy 1: Annexations must include dedication of all easements for rights-of-way for collector and arterial streets, adjacent local streets, public water, sanitary sewer, or storm or sewer mains, and Class I public trails not within the right of way for arterial or collector streets. Annexations must also include waivers of right to protest the creation of special or improvement districts necessary to provide the essential services for future development of the City. Criterion Met. As discussed in Section 5 Goal 7, right of way is being included for Campbell Road. The Recommended Terms of Annexation include requirements for these right of way provisions. See Terms of Annexation 2. Any additional easements and rights of way will be provided within the property with future development of the property as required by municipal standards, although unlikely due to the size, constraints, and configuration of the property. Policy 2: Issues pertaining to master planning and zoning must be addressed prior to or in conjunction with the application for annexation. Criterion Met. The subject property is planned for “Urban Neighborhood”. No change to the growth policy is required. The application includes a request for initial zoning of R-3. See the zone map amendment section of this report for analysis of the zone map amendment criteria. Policy 3: The application for annexation must be in conformance with the current Bozeman Growth Policy. If a Growth Policy Amendment is necessary to accommodate 112 Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 16 of 31 anticipated uses, the amendment process must be initiated by the property owner and completed prior to any action for approval of the application for annexation. Criterion Met. The property is designated “Urban Neighborhood” on the future land use map. No growth policy amendment is required. See discussion under zone map amendment Criterion A. Policy 4: Initial zoning classification of the property to be annexed will be determined by the City Commission, in compliance with the Bozeman Growth Policy and upon a recommendation of the City Zoning Commission, simultaneously with review of the annexation petition. The Community Development Board (CDB) acting in their capacity as the City Zoning Commission will be reviewing the requested zoning district designation on October 17, 2022. The CDB’s recommendation will be passed along to the City Commission for review and consideration along with the annexation request on November 15, 2022. Policy 5: The applicant must indicate their preferred zoning classification as part of the annexation petition. Criterion Met. The applicant has requested a zoning designation of R-3, Residential Medium Density District. See Section 6 of this report for analysis of the requested zoning. Policy 6: Fees for annexation processing will be established by the City Commission. Criterion Met. The appropriate application processing and review fees accompanied the application. Policy 7: It is the policy of the City that annexations will not be approved where unpaved county roads will be the most commonly used route to gain access to the property unless the landowner proposes a method to provide for construction of the road to the City’s street standards. Criterion Met. The subject property is accessed by Campbell Road which is considered a “local street” and paved to the edge of the subject property. Policy 8: Prior to annexation of property, the City will require the property owner to acquire adequate and usable water rights, or an appropriate fee in lieu thereof, in accordance with Section 38.410.130 of the municipal code, as amended. Criterion Met. The property owner shall provide usable water rights, or cash in-lieu of water rights thereof, in an amount to be determined by the Director of Public Works, as outlined by Section 38.410.130 of the municipal code. The calculated amount will be determined by the Director of Public Works and based on the zoning designation approved by the City Commission. Term of Annexation No. 9 requires notice of this requirement to be part of the annexation agreement. Satisfaction of this requirement will occur with future development. 113 Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 17 of 31 Policy 9: Infrastructure and emergency services for an area proposed for annexation will be reviewed for the health, safety and welfare of the public and conformance with the City’s adopted facility plans. If the City determines adequate services cannot be provided to ensure public health, safety and welfare, the City may require the property owner to provide a written plan for accommodation of these services, or the City may reject the petition for annexation. Additionally, the parcel to be annexed may only be provided sanitary sewer service via the applicable drainage basin defined in the City Wastewater Collection Facilities Plan. Criterion Met. City infrastructure and emergency services are available to the subject property. There is an existing 8 inch sanitary sewer pipe adjacent to the property on the east. A 12 inch water main is installed in adjacent to the property on the south. The property is located adjacent to existing urban development that is currently served by Bozeman Fire. Policy 10: The City may require annexation of any contiguous property for which city services are requested or for which city services are currently being provided. In addition, any person, firm, or corporation receiving water or sewer service outside of the City limits is required as a condition of initiating or continuing such service, to consent to annexation of the property serviced by the City. The City Manager may enter into an agreement with a property owner for connection to the City’s sanitary sewer or water system in an emergency conditioned upon the submittal by the property owner of a petition for annexation and filing of a notice of consent to annexation with the Gallatin County Clerk and Recorder’s Office. The contract for connection to city sewer and/or water must require the property owner to annex or consent to disconnection of the services. Connection for purposes of obtaining City sewer services in an emergency requires, when feasible as determined by the City, the connection to City water services. Criterion Met. The property is not currently provided City services. No emergency connection is requested. City services will be required to be provided concurrent with future development. Terms of Annexation 5 address connection to services. Policy 11: The annexation application shall be accompanied by mapping to meet the requirements of the Director of Public Works. Where an area to be annexed can be entirely described by reference to a certificate of survey or subdivision plat on file with the Gallatin County Clerk and Recorder the mapping may be waived by the Director of Public Works. Criterion Met. Mapping to meet the requirements of the Director of Public Works must be provided with the Annexation Agreement. Mapping requirements are addressed in Recommended Term of Annexation 2. The map must include adjacent right of way. 114 Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 18 of 31 Policy 12: The City will assess system development/impact fees in accordance with Montana law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code. Neutral. The annexation does not require immediate payment of fees for future development. The annexation agreement will provide notice of obligations to pay impact fees at times of triggers as required in ordinance. Policy 13: Public notice requirements: Notice for annexation of property must be coordinated with the required notice for the zone map amendment required with all annexation. The zone map amendment notice must contain the materials required by 38.220.410, BMC. Notices of the public hearing have been mailed, published in the Bozeman Daily Chronicle twice, and posted on the site as set forth under this policy. See Appendix A for more details. Policy 14: Annexation agreements must be executed and returned to the City within 60 days of distribution of the annexation agreement by the City, unless another time is specifically identified by the City Commission. Criterion Met. An annexation agreement has been prepared and will be provided to the landowner. This policy will be implemented only if the Commission acts to grant approval. If the application is denied then no annexation agreement will be necessary. Policy 15: When possible, the use of Part 46 annexations is preferred. Criterion Met. This annexation is being processed under Part 46 provisions. Policy 16: Where a road improvement district has been created, the annexation does not repeal the creation of the district. The City will not assume operations of the district until the entirety of the district has been annexed. Any funds held in trust for the district will be used to benefit the district after transfer to the City. Inclusion within a district does not lessen the obligation to participate in general city programs that address the same subject. Neutral. No road improvement district is associated with this application. Policy 17: The City will notify the Gallatin County Planning Department and Fire District providing service to the area of applications for annexation. Criterion Met. The necessary agencies were notified and provided copies of the annexation. Policy 18: The City will require connection to and use of all City services upon development of annexed properties. The City may establish a fixed time frame for connection to municipal utilities. Upon development, unless otherwise approved by the City, septic systems must be properly abandoned and the development connected to the City sanitary sewer system. Upon development, unless otherwise approved by the City, water wells on the subject property may be used for irrigation, but any potable uses must be supplied from the City water distribution system and any wells disconnected 115 Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 19 of 31 from structures. The property owner must contact the City Water and Sewer Superintendent to verify disconnects of wells and septic systems. Criterion Met. The property is vacant. Any structure requiring municipal services is required to connect to City services. SECTION 7 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications for plan approval under this title, the advisory boards and City Commission must consider the following criteria (letters A-K). As an amendment is a legislative action, the Commission has broad latitude to determine a policy direction. The burden of proof that the application should be approved lies with the applicant. A zone map amendment must be in accordance with the growth policy (criteria A) and be designed to secure safety from fire and other dangers (criteria B), promote public health, public safety, and general welfare (criteria C), and facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a zone map amendment the Commission must find Criteria A-D are met. In addition, the Commission must also consider criteria E-K, and may find the zone map amendment to be positive, neutral, or negative with regards to these criteria. To approve the zone map amendment, the Commission must find the positive outcomes of the amendment outweigh negative outcomes for criteria E-K. In determining whether the criteria are met, Staff considers the entire body of plans and regulations for land development. Standards which prevent or mitigated negative impacts are incorporated throughout the entire municipal code but are principally in Chapter 38, Unified Development Code. Section 76-2-304, MCA (Zoning) Criteria A. Be in accordance with a growth policy. Criterion Met. The Bozeman Community Plan (BCP) 2020, Chapter 5, p. 73, in the section titled Review Criteria for Zoning Amendments and Their Application, discusses how the various criteria in 76-2-304 MCA are applied locally. Application of the criteria varies depending on whether an amendment is for the zoning map or for the text of Chapter 38, BMC. The first criterion for a zoning amendment is accordance with a growth policy. Future Land Use Map The proposed amendment is a change to the zoning map. Therefore, it is necessary to analyze compliance with the future land use map. Chapter 3 of the BCP 2020 addresses the future land 116 Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 20 of 31 use map. The introduction to that chapter discusses the importance of the chapter. Following are some excerpts. “Future land use is the community’s fundamental building block. It is an illustration of the City’s desired outcome to accommodate the complex and diverse needs of its residents.” “The land use map sets generalized expectations for what goes where in the community. Each category has its own descriptions. Understanding the future land use map is not possible without understanding the category descriptions.” The area of this application is within the anticipated growth area of the City. As shown on the maps in Section 1, on the excerpt of the current future land use map, the property is designated as Urban Neighborhood. The Urban Neighborhood designation description reads: “This category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single type of housing are discouraged. In limited instances, an area may develop at a lower gross density due to site constraints and/or natural features such as floodplains or steep slopes. Complementary uses such as parks, home-based occupations, fire stations, churches, schools, and some neighborhood-serving commerce provide activity centers for community gathering and services. The Urban Neighborhood designation indicates that development is expected to occur within municipal boundaries. This may require annexation prior to development. Applying a zoning district to specific parcels sets the required and allowed density. Higher density residential areas are encouraged to be, but are not required or restricted to, proximity to commercial mixed use areas to facilitate the provision of services and employment opportunities without requiring the use of a car.” The correlation between the future land use map of the growth policy and the zoning districts is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the following Correlation with Zoning Table excerpt, the R-3 district is an implementing district of the Urban Neighborhood. The applicant is requesting R-3 for the property, which is classified as a residential use zoning designation pursuant to section 38.300.110, BMC. The intent and purpose of the R-3 residential medium density district is to provide for the development of one- to five- household residential structures near service facilities within the city. This purpose is accomplished by, (1) providing for minimum lot sizes in developed areas consistent with the 117 Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 21 of 31 established development patterns while providing greater flexibility for clustering lots and mixing housing types in newly developed areas. And (2) providing for a variety of housing types, including single household dwellings, two to four household dwellings, and townhouses to serve the varied needs of households of different size, age and character, while reducing the adverse effect of non-residential uses. These purposes are accomplished by a variety of objectives as detailed in Appendix B in this report. Tables 38.310.040.A, B, & C list permitted uses in the R-3 district. All types of residential structures are allowed from accessory dwelling units through limited apartment buildings, and a very little of commercial uses such as retail, medical, offices, restaurants, and convenience uses are permitted. Goals and Policies A zoning amendment is also evaluated against the goals and policies of the BCP 2020. Most of the goals and policies are not applicable to this application. Relevant goals and objectives have been identified by staff. Conflict with the text of the growth policy hasn’t been identified. The Short Term Action list on page 63 of the BCP 2020 describes 14 items to implement the growth policy. The first two relate to direct changes to the zoning map in support of listed goals and objectives. These include increasing the intensity of zoning districts in already developed areas. Beginning on page 71 of the BCP 2020 in the section titled Zoning Amendment Review, the document discusses how the City implements zoning for new areas, amendments to areas, and revisions to existing text. This section includes a discussion of when the City may initiate a zoning change to a more intensive district to increase development opportunities. This section demonstrates that the City, as a matter of policy, is supportive of more intensive zoning districts and development, even within already developed areas. This policy approach does not specify any individual district but does lean towards the more intensive portion of the zoning district spectrum. This mix of development at densities appropriate for a growing urban area is therefore grounded on tenets of the Community Plan. Moreover, the R-3 zoning proposed through this application fosters flexibility to address both current market trends and long term land use goals for the subject property. The Community Plan includes several goals and objectives that are broadly served through this application, including: Goal DCD-1: Support urban development within the City. The proposed zoning is occurring in conjunction with an annexation. Any future development will be required to occur at urban densities and will be within the City. If the City Commission declines the annexation then the requested R-3 zoning will not occur. DCD-1.11 Pursue annexations consistent with the future land use map and adopted facility plans for development at urban intensity. 118 Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 22 of 31 The proposed zoning is consistent with the future land use map and is within the current facilities plans. Goal RC-3: Collaborate with Gallatin County regarding annexation and development patterns adjacent to the City to provide certainty for landowners and taxpayers. Gallatin County has been notified of the proposed annexation. RC-3.3 Prioritize annexations that enable the incremental expansion of the City and its utilities. The property in question is an area served by City water and sewer, numerous properties have been annexed and near the commercial corner of Frontage and Springhill Roads. RC-3.4 Encourage annexation of land adjacent to the City prior to development and encourage annexation of wholly surrounded areas. Refer to previous response (RC – 3.3 response) Therefore, based on the broad discretion the governing body when considering an appropriate zoning designation, no substantive conflicts with the Growth Policy have been identified and based on the aforementioned analysis, the proposed R-3 zoning districts are promotive of the BCP 2020. B. Secure safety from fire and other dangers. Criterion Met. There is an existing home and related out buildings, however future development will be served by the Bozeman Fire Department. Fire protection water supply will be provided by the City of Bozeman water system. The property is near critical wetlands, habitat, and floodplains. As noted in the advisory comments the Applicant is advised of future development constraints. Upon annexation the subject property will be provided with City emergency services including police, fire and ambulance. Future development of the property will be required to conform to all City of Bozeman public safety, building and land use requirements. The City provides emergency services to adjacent properties and no obstacles have been identified in extending service to this parcel. C. Promote public health, public safety, and general welfare. Criterion Met. The proposed zoning designation will promote general welfare by implementing the future land use map in the BCP 2020. Public health and safety will be positively affected by requiring new development to connect to municipal sanitary sewer and water systems, which will prevent groundwater pollution and depletion by wells and septic systems. General welfare has been evaluated during the adoption of Chapter 38 and found to be advanced by the adopted standards. Provision of parks, control of storm water, and other features of the City’s development standards also advance the general welfare. Compliance 119 Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 23 of 31 with the BCP 2020 as described in Section 6, Criterion A, shows advancement of the well- being of the community as a whole. See also Criterion B. D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. Criterion Met. This property is included in future planning areas. The City conducts extensive planning for municipal transportation, water, sewer, parks, and other facilities and services provided by the City. The adopted plans allow the City to consider existing conditions and identify enhancements needed to provide additional service needed by new development. The City implements these plans through its capital improvements program that identifies individual projects, project construction scheduling, and financing of construction. As stated in 38.300.020.C, the designation of a zoning district does not guarantee approval of new development until the City verifies the availability of needed infrastructure. All zoning districts in Bozeman enable a wide range of uses and intensities. At time of future subdivision or site plan review the need for individual services can be more precisely determined. No subdivision or site plan is approved without demonstration of adequate capacity. 38.300.020.C, “Placement of any given zoning district on an area depicted on the zoning map indicates a judgment on the part of the city that the range of uses allowed within that district are generally acceptable in that location. It is not a guarantee of approval for any given use prior to the completion of the appropriate review procedure and compliance with all of the applicable requirements and development standards of this chapter and other applicable policies, laws and ordinances. It is also not a guarantee of immediate infrastructure availability or a commitment on the part of the city to bear the cost of extending services.” Water and sewer mains are adjacent to the site. Campbell Road is adjacent to the site and provides a publicly accessible street access. See also comments under Criterion C. 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-3 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. 120 Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 24 of 31 In addition to the zoning standards, adopted building codes contain more detailed requirements for air circulation, window placement, and building separation that further ensure the intent of this criterion is satisfied. F. The effect on motorized and non-motorized transportation systems. Criterion Met. The site is on the edge of the City in an area with a semi-rural development pattern due to a planned unit development approved in the 1990s. The area has street access but limited pedestrian facilities. The proposed zoning will allow for a higher density of uses than is currently allowed under Gallatin County zoning. As a result, under the proposed zoning, when a development is proposed, they will be responsible for their frontage improvements which will include improvements along Campbell Road and other transportation systems found to be inadequate to serve the additional development. The property is not addressed at this time. The property has a Walk Score of 8, Transit score of 12, and bike score of 37. Average walk score for the city as a whole is 47 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. G. Promotion of compatible urban growth. Criterion Met. The Bozeman Community Plan establishes a preferred and compatible development pattern. “The land use map sets generalized expectations for what goes where in the community… The land use categories and descriptions provide a guide for appropriate development and redevelopment locations for civic, residential, commercial, industrial, and other uses. The future land use designations are important because they aim to further the 121 Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 25 of 31 vision and goals of the City through promoting sustainability, citizen and visitor safety, and a high quality of life that will shape Bozeman’s future.” (Community Plan p. 51). Criterion Met. The intent and purpose of the R-3 is to, “provide for the development of one- to five-household residential structures near service facilities within the city by providing for minimum lot sizes in developed areas consistent with the established development patterns while providing greater flexibility for clustering lots and mixing housing types in newly developed areas, providing for a variety of housing types, including single household dwellings, two to four household dwellings, and townhouses to serve the varied needs of households of different size, age and character, while reducing the adverse effect of non- residential uses, and use of this zone is appropriate for areas with good access to parks, community services and/or transit.” Although this a single parcel that will likely host a single detached house, the R-3 district more fully support the goals and polices of the BCP 2020 than a lesser robust zoning district. H. Character of the district. Yes. The proposed R-3 zoning promotes the character of the district as the intent of the Residential Medium Density district is to “…provide for the development of one- to five- household residential structures near service facilities within the city by providing for minimum lot sizes in developed areas consistent with the established development patterns while providing greater flexibility for clustering lots and mixing housing types in newly developed areas, providing for a variety of housing types, including single household dwellings, two to four household dwellings, and townhouses to serve the varied needs of households of different size, age and character, while reducing the adverse effect of non- residential uses, and use of this zone is appropriate for areas with good access to parks, community services and/or transit.” Surrounding properties are low-density single-household residential. Adjacent properties in the City are zoned R-1 to the east and R-3 to the west, and commercial activity and zoning to the south. The proposed R-3 zoning designation is consistent with the character of the neighborhood as well as existing development on the property. Section 76-2-302, MCA says “…legislative body may divide the municipality into districts of the number, shape, and area as are considered best suited to carry out the purposes [promoting health, safety, morals, or the general welfare of the community] of this part.” Emphasis added. This proposal amends the zoning map and not the text. Therefore, no element of this amendment modifies the standards of any zoning district. The character of the districts as created by those standards remains intact. As noted above, the City Commission has latitude in considering the geographical extents of a zoning district. It is not expected that zoning freeze the character of an area in perpetuity. Rather, it provides a structured method to consider changes to the character. The City has defined compatible development as: 122 Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 26 of 31 “The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and objectives of the city's adopted growth policy. Elements of compatible development include, but are not limited to, variety of architectural design; rhythm of architectural elements; scale; intensity; materials; building siting; lot and building size; hours of operation; and integration with existing community systems including water and sewer services, natural elements in the area, motorized and non-motorized transportation, and open spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design, density or use.” The City has adopted many standards to identify and avoid or mitigate demonstrable negative impacts of development. These will support the ability of future development in this new area of the R-3 district to be compatible with adjacent development and uphold the character of the area. There is an existing area of R-3 zoned property nearby to the west. The City has adopted many standards to identify and avoid or mitigate demonstrable negative impacts of development. These will support the ability of future development in R-3 to be compatible with adjacent development and uphold the residential character of the area. As noticed in the growth policy under discussion of this criterion a local street is considered an adequate separation between different uses and districts to minimize impacts, see page 77 of the Bozeman Community Plan 2020. Therefore, the change in zoning does not appear to conflict with the character of the area. I. Peculiar suitability for particular uses. Criterion Met. The property is located adjacent to residential and commercial uses which are supportive of the R-3 district and similar to adjacent uses. The proposed R-3 zoning designation is suitable for the current use of the property. The applicant supported this statement in their zone map amendment narrative. J. Conserving the value of buildings. Criterion met. There is no known data that suggests intensification adjacent to inholding properties diminished the value of adjacent property or buildings, however a perception of decreased value is often referenced. In fact, based on available evidence it appears that annexation and further intensification will increase the value of property and buildings adjacent to those properties that are annexed. Additional demand for goods and services, connecting and completing the transportation network, and through the minimum standards of the R-3 district nine implantation strategies will generate additional synergies in the community that will likely bolster building values. Any future development on the property will be subject to standards in the R-3 zoning district which will ensure the conservation of adjacent building values including but not limited to standards set forth in the Unified Development Code for fire safety, setbacks, buffers and 123 Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 27 of 31 building heights, which will help alleviate any potential negative impacts to the values of adjacent buildings as a result of future development on the subject property. Therefore, this criterion is met. K. Encourage the most appropriate use of land throughout the jurisdictional area. Criterion Met. The proposed R-3 zoning designation will encourage the most appropriate use of land as the property is adjacent to both residential and commercial uses. There is access to the city’s services, including streets, thus is able to support a higher intensity of uses as allowed within the R-3 zoning district. Furthermore, the proposed R-3 zoning designation is consistent with the BCP 2020 future land use map designation of “Urban Residential”. Spot Zoning Criteria Rezoning may, in certain factual circumstances, constitute impermissible “spot zoning.” The issue of whether a rezoning constitutes spot zoning was discussed by the Montana Supreme Court in Plains Grains LP v. Board of County Comm’rs of Cascade County and Little v. Bd. Of County Comm’rs, in which the Court determined that the presence of the following three conditions generally will indicate that a given situation constitutes spot zoning, regardless of variations in factual scenarios. Based on the review of the following criteria, Staff concludes that this application is not Spot Zoning. 1. Is the proposed use significantly different from the prevailing land uses in the area? No. The R-3 designation already exists in the area, and properties are developed in accordance with the R-3 district. Because this is simply a small expansion of less dense residential district that is not substantially different in terms of allowed land uses in the existing county zoning (both allow single-detached housing), the land uses allowed on the subject property are not significantly different than those that currently prevail in the area. Therefore, staff finds that this criterion is not met. 2. Is the area requested for the rezone rather small in terms of the number of separate landowners benefited from the proposed change? No. In order to determine whether or not this condition is present both this question and the following point must be evaluated together. Although there is a single property in this case, it is the greater community that will benefit from the zone change. The R-3 zoning designation is an implementing district to the Urban Neighborhood land use designation and promotes a variety of housing types, ensures connection to city service4s, and must adhere to the city’s development standards for environmental protection. 124 Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 28 of 31 The amendment is consistent with and supports the City’s adopted growth policy, thus is assumed to be a benefit to the greater community even though the number of immediate landowners are small. 3. Would the change be in the nature of “special legislation” designed to benefit only one or a few landowners at the expense of the surrounding landowners or the general public? No. While the applicants will directly benefit from the proposed zone map amendment, the amendment is not at the expense of surrounding landowners or the general public. As discussed previously, no substantial negative impacts are identified due to this amendment and taken as a whole, the immediate neighborhood will benefit as well as the greater community by providing city services more efficiently. The proposed R-3 zoning designation will allow for uses conducive to the Urban Neighborhood land use designation. Further, as discussed in Criterion A, the application is consistent 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. A change to a residential 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) 125 Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 29 of 31 contain a statement of the protestor's qualifications (including listing all owners of the property and the physical address), to protest the action against which the protest is lodged, including ownership of property affected by the action. Signers are encouraged to print their names after their signatures. A person may in writing withdraw a previously filed protest at any time prior to final action by the City Commission. Protests must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230. APPENDIX A - NOTICING AND PUBLIC COMMENT Notice was published in the Bozeman Daily Chronicle on September 28 and October 2, 2022. The notice was posted on site and notices mailed by the applicant as required by 38.220 and the required confirmation provided to the Planning Office. Notice was provided at least 15 and not more than 45 days prior to any public hearing. As of the writing of this report on October 11, 2022 no comment has been received on this application. APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING Adopted Growth Policy Designation: The property is designated as “Urban Neighborhood” in the Bozeman Community Plan 2020. “This category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single type of housing are discouraged. In limited instances, an area may develop at a lower gross density due to site constraints and/or natural features such as floodplains or steep slopes. Complementary uses such as parks, home-based occupations, fire stations, churches, schools, and some neighborhood-serving commerce provide activity centers for community gathering and services. The Urban Neighborhood designation indicates that development is expected to occur within municipal boundaries. This may require annexation prior to development. Applying a zoning district to specific parcels sets the required and allowed density. Higher density residential areas are encouraged to be, but are not required or restricted to, proximity to commercial mixed use areas to facilitate the provision of services and employment opportunities without requiring the use of a car.” Proposed Zoning Designation and Land Uses: The applicant has requested zoning of R-3, Residential Medium Density District. 126 Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 30 of 31 The intent and purpose of the R-3 residential medium density district is to provide for the development of one- to five-household residential structures near service facilities within the city. This purpose is accomplished by, (1) providing for minimum lot sizes in developed areas consistent with the established development patterns while providing greater flexibility for clustering lots and mixing housing types in newly developed areas. And (2) providing for a variety of housing types, including single household dwellings, two to four household dwellings, and townhouses to serve the varied needs of households of different size, age and character, while reducing the adverse effect of non-residential uses. 127 Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 31 of 31 APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF Owner: William Thompson, m414 S. 9th Avenue, Bozeman, MT 59715 Applicant: Synergy Engineering and Konsulting, 3731 Equestrian Lane, #102, Bozeman, MT 59715 Representative: Synergy Engineering and Konsulting, 3731 Equestrian Lane, #102, Bozeman, MT 59715 Report By: Tom Rogers, Senior Planner FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Annexation or Zone Map Amendment. ATTACHMENTS The full application and file of record was electronically submitted and can be viewed at: https://weblink.bozeman.net/WebLink/Browse.aspx?startid=261883 Digital access is also available at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. 128 Memorandum REPORT TO:Community Development Board FROM:Tom Rogers, Senior Planner Anna Bentley, Interim Community Development Director SUBJECT:The East Main zone map amendment requesting amendment of the City Zoning Map for an existing lot consisting of approximately 1.5 acres and the accompanying adjacent right-of way from B-2 (Community Business District) to B-2M (Community Business District-Mixed). MEETING DATE:October 17, 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 22184 and move to recommend approval of the East Main Zone Map Amendment, with contingencies required to complete the application processing. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:The owner and representative, Western Heritage Ownership, LLC, 1200 East Main Street, Bozeman, MT 59715, and Applicant Intrinsik Architecture submitted an application to rezone a an approximately 1.5 acre parcel from B-2 to B-2M. The property currently hosts the Western Heritage Inn located at 1200 East Main Street. East Main Street is a designated Principal Arterial street according to the Bozeman Area Transportation Plan, 2017 Update. Montana Department of Transportation (MDT) has jurisdictional authority on this roadway. No future development plans were submitted or required with the application. The primary differences between the B-2 and B-2M districts are slight differences in building height, more permissive residential use, and reduction of parking requirements. Building height in the B-2 district is between 50-60 feet, depending on roof pitch. Building height in B-2M is five (5) stories or 60 feet. Residential use is allowed on the ground floor in without a Conditional Use Permit in the B-2M zone and may be permitted in 129 the B-2 district with an approved CUP. UNRESOLVED ISSUES:None identified at this time. 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. FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this zone map amendment. Attachments: 22184 East Main ZMA CDB SR.pdf Report compiled on: October 12, 2022 130 Page 1 of 34 22184, Staff Report for the East Main Zone Map Amendment Public Hearing Date(s): Community Development Board acting in their capacity as the Zoning Commission will hold a public hearing on October 17, 2022 at 6:00 pm. City Commission public hearing will be held on November 15, 2022 at 6:00 pm. Project Description: The East Main zone map amendment requesting amendment of the City Zoning Map for an existing lot consisting of approximately 1.5 acres and the accompanying adjacent right-of way from B-2 (Community Business District) to B-2M (Community Business District-Mixed). Project Location: The property is addressed as 1200 East Main Street, more particularly described as a Tract 4A of the Amended Subdivision Plat C-23-R (Northern Pacific Addition) and adjoining East Main Street Right-of-Way, located in the West One-Half (W ½) of Section 8, Township Two South (T2S), Range Six East (R6E) of P.M.M., Gallatin County, Montana. Recommendation: Meets standards for approval Recommended Zoning Commission Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 22184 and move to recommend approval of the East Main 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 22184 and move to approve the East Main Zone Map subject to contingencies required to complete the application processing. Report Date: October 11, 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. 131 22184 Staff Report for the East Main Zone Map Amendment Page 2 of 34 Project Summary The owner and representative, Western Heritage Ownership, LLC, 1200 East Main Street, Bozeman, MT 59715, and Applicant Intrinsik Architecture submitted an application to rezone a an approximately 1.5 acre parcel from B-2 to B-2M. The property currently hosts the Western Heritage Inn located at 1200 East Main Street. East Main Street is a designated Principal Arterial street according to the Bozeman Area Transportation Plan, 2017 Update. Montana Department of Transportation (MDT) has jurisdictional authority on this roadway. No future development plans were submitted or required with the application. The primary differences between the B-2 and B-2M districts are slight differences in building height, more permissive residential use, and reduction of parking requirements. Building height in the B-2 district is between 50-60 feet, depending on roof pitch. Building height in B- 2M is five (5) stories or 60 feet. Residential use is allowed on the ground floor in without a Conditional Use Permit in the B-2M zone and may be permitted in the B-2 district with an approved CUP. Application materials can be viewed on the City’s development map at the following link. https://weblink.bozeman.net/WebLink/Browse.aspx?startid=262084&cr=1&id=262084 Public comment has been received on this application. Comments can be reviewed at the following link: https://weblink.bozeman.net/WebLink/Browse.aspx?startid=258206 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. 132 22184 Staff Report for the East Main Zone Map Amendment Page 3 of 34 TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 1 Unresolved Issues ............................................................................................................... 1 Project Summary ................................................................................................................. 2 Alternatives ......................................................................................................................... 2 SECTION 1 - MAP SERIES .................................................................................................... 4 SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT..... 7 SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 7 SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ............. 8 Section 76-2-304, MCA (Zoning) Criteria ......................................................................... 8 PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 19 APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 20 APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 20 APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 21 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 34 FISCAL EFFECTS ................................................................................................................. 34 ATTACHMENTS ................................................................................................................... 34 133 Page 4 of 34 SECTION 1 - MAP SERIES Figure 1: Vicinity Map (2021 image) Subject property Lindley Park 134 22184 Staff Report for the East Main Zone Map Amendment Page 5 of 34 Figure 2: Current Zoning Map (2021 image) R-1 PLI M-1 B-2 PLI 135 22184 Staff Report for the East Main Zone Map Amendment Page 6 of 34 Figure 3: Future Land Use Designations (2021 image) Subject properties Community Commercial Mixed Use Urban Neighborhood Urban Neighborhood Parks and Open Lands 136 Page 7 of 34 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 B-2M shall be identified as the “East Main Zone Map Amendment”. 2. The applicant must submit a zone amendment map, titled “East Main 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. 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 June 15, 2021. 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 October 17, 2022 and will forward its recommendation to the City Commission on the zone map amendment. The meeting will be held in the Commission Room at City Hall, 121 N. Rouse Ave, Bozeman, Montana. The meeting will begin at 6 p.m. The City Commission will hold a public hearing on the zone map amendment on April 5, 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. 137 22184 Staff Report for the East Main Zone Map Amendment Page 8 of 34 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 mitigated negative impacts are incorporated throughout the entire municipal code but are principally in Chapter 38, Unified Development Code. Section 76-2-304, MCA (Zoning) Criteria A. Be in accordance with a growth policy. Criterion met. The BCP 2020, Chapter 5, p. 73, in the section titled Review Criteria for Zoning Amendments and Their Application, discusses how the various criteria in 76-2-304 MCA are applied locally. Application of the criteria varies depending on whether an amendment is for the zoning map or for the text of Chapter 38, BMC. The first criterion for a zoning amendment is accordance with a growth policy. Future Land Use Map The proposed amendment is a change to the zoning map. Therefore, it is necessary to analyze compliance with the future land use map. Chapter 3 of the BCP 2020 addresses the future land use map. The introduction to that chapter discusses the importance of the chapter. Following are some excerpts. “Future land use is the community’s fundamental building block. It is an illustration of the City’s desired outcome to accommodate the complex and diverse needs of its residents.” “The land use map sets generalized expectations for what goes where in the community. Each category has its own descriptions. Understanding the future land use map is not possible without understanding the category descriptions.” 138 22184 Staff Report for the East Main Zone Map Amendment Page 9 of 34 The area of this application is within the annexed area of the City and where there is anticipated redevelopment within the City as discussed below. As shown on the maps in Section 1, on the excerpt of the current future land use map, the property is designated as Community Commercial Mixed-Use. The Community Commercial Mixed-Use designation description reads: “The Community Commercial Mixed Use category promotes commercial areas necessary for economic health and vibrancy. This includes professional and personal services, retail, education, health services, offices, public administration, and tourism establishments. Density is expected to be higher than it is currently in most commercial areas in Bozeman and should include multi-story buildings. Residences on upper floors, in appropriate circumstances, are encouraged. The urban character expected in this designation includes urban streetscapes, plazas, outdoor seating, public art, and hardscaped open space and park amenities. High density residential areas are expected in close proximity. Developments in this land use area should be located on one or two quadrants of intersections of the arterial and/or collector streets and integrated with transit and non-automotive routes. Due to past development patterns, there are also areas along major streets where this category is organized as a corridor rather than a center. Although a broad range of uses may be appropriate in both types of locations, the size and scale is to be smaller within the local service areas. Building and site designs made to support easy reuse of the building and site over time is important. Mixed use areas should be developed in an integrated, pedestrian friendly manner and should not be overly dominated by any single use. Higher intensity uses are encouraged in the core of the area or adjacent to significant streets and intersections. Building height or other methods of transition may be required for compatibility with adjacent development. Smaller neighborhood scale areas are intended to provide local service to an area of approximately one half-mile to one mile radius as well as passersby. These smaller centers support and help give identity to neighborhoods by providing a visible and distinct focal point as well as employment and services. Densities of nearby homes needed to support this scale are an average of 14 to 22 dwellings per net acre.” The correlation between the future land use map of the growth policy and the zoning districts is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the following Correlation with Zoning Table, both B-2 and B-2M districts are implementing district of the Community Commercial Mixed-Use category. 139 22184 Staff Report for the East Main Zone Map Amendment Page 10 of 34 Goals and Policies A zoning amendment is also evaluated against the goals and policies of the BCP 2020. Most of the goals and policies are not applicable to this application. Relevant goals and objectives have been identified by staff. Conflict with the text of the growth policy hasn’t been identified. The Short Term Action list on page 63 of the BCP 2020 describes 14 items to implement the growth policy. The first two relate to direct changes to the zoning map in support of listed goals and objectives. These include increasing the intensity of zoning districts in already developed areas. Beginning on page 71 of the BCP 2020 in the section titled Zoning Amendment Review, the document discusses how the City implements zoning for new areas, amendments to areas, and revisions to existing text. This section includes a discussion of when the City may initiate a zoning change to a more intensive district to increase development opportunities. This section demonstrates that the City, as a matter of policy, is supportive of more intensive zoning districts and development, even within already developed areas. This policy approach does not specify any individual district but does lean towards the more intensive portion of the zoning district spectrum. The Applicant argues the proposed zone change in accordance with the Growth Policy by arguing, “The Community Plan Future Land Use Map designates this area as Community Commercial Mixed Use (CCMU), which authorizes B2M as an implementing zoning district. This application shows how the proposed ZMA aligns with the effective Community Plan. The area to be rezoned includes extensive frontage along East Main Street, a Principal Arterial. The land use pattern that can be created on such an ideally served parcel would be able to support a wide range of uses. These include restaurants, retail, offices, mixed use development, and residential units at higher densities, all within existing Bozeman service boundaries and developed in close proximity to facilitate the provision of services and employment opportunities to persons without requiring the use of an automobile. 140 22184 Staff Report for the East Main Zone Map Amendment Page 11 of 34 This mix of development at densities appropriate for a growing urban area is therefore grounded in the merits of the Community Plan. Moreover, the B2M zoning proposed through this application fosters flexibility to address both current market trends and long term land use goals for the subject property. The Community Plan includes several goals and objectives that are broadly served through this application, including: Goal R2.3 Make good financial investments that have the potential for economic benefit to the investor and the broader community both through direct and indirect returns. Goal N2: Pursue simultaneous emergence of commercial nodes and residential development through diverse mechanisms in appropriate locations. N2.3: Investigate and encourage development of commerce concurrent with, or soon after, residential development. Actions, staff, and budgetary resources relating to neighborhood commercial development should be given a high priority. DCD1.7 Coordinate infrastructure construction, maintenance, and upgrades to support infill development, reduce costs, and minimize disruption to the public. DCD2.5 Identify and zone appropriate locations for neighborhood scale commercial development. DCD2.7 Encourage the location of higher density housing and public transit routes in proximity to one another.M1.1 Prioritize mixed use land use patterns. Encourage and enable the development of housing, jobs, and services in close proximity to one another. M1.4 Develop safe, connected, and complementary transportation networks for pedestrians, bicyclists, and users of other personal mobility devices (ebikes, electric scooters, powered wheelchairs, etc.)” It should be noted that according to the Tables 38.310.040.A, B, and C there are no differences in uses between the B-2 and the B-2M zoning districts. There are however, important differences between the two districts. The primary differences between these two districts is that B-2M requires less parking for most uses, the ease in which residential uses may be established on the ground floor, and an increase in building height. The Bozeman Community Plan 2020 focuses on these differences between the B-2 and B-2M as desired outcomes to adapt to the needs of the community. This mix of development at densities appropriate for a growing urban area is therefore grounded on tenets of the Community Plan. Moreover, the B- 2M zoning proposed through this application fosters flexibility to address both current market trends and long term land use goals for the subject property. No conflicts with the Growth Policy have been identified. 141 22184 Staff Report for the East Main Zone Map Amendment Page 12 of 34 B. Secure safety from fire and other dangers. Criterion met. The subject property is currently served by City of Bozeman Fire and Police Departments. 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 B-2 to B-2M 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 6, Criterion A, shows advancement of the well- being of the community as a whole. See also Criterion B. D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. Criterion met. 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 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, 142 22184 Staff Report for the East Main Zone Map Amendment Page 13 of 34 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. The Development Review Committee considered this request and did not identify any infrastructure deficiencies that the City cannot resolve in a timely manner with future development proposals. 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 B-2M district provides adequate light and air through the Bozeman Unified Development Code’s standards for park and recreation requirements, on-site open space for residential uses, maximum building height, lot coverage, and setback requirements. The form and intensity standards, Division 38.320, provide minimum lot areas, lot widths, lot coverage and maximum floor area ratios, and prescribe require minimum separation from property lines and limits building heights. Section 38.520.030 requires building placement to ensure access to light and air. Division 38.420 and Section 38.520.060 require dedication of parks and on-site open spaces to meet needs of residents. The standards provide a reasonable provision of adequate light and air. In addition to the zoning standards, adopted building codes contain more detailed requirements for air circulation, window placement, and building separation that further ensure the intent of this criterion is satisfied. F. The effect on motorized and non-motorized transportation systems. Criterion met. The subject properties have not undergone subdivision review and are relics without full transportation network such as sidewalks, bike lanes, stormwater facilities, and 143 22184 Staff Report for the East Main Zone Map Amendment Page 14 of 34 similar infrastructure. Additionally, potential future development within a zoning district of B- 2M will likely affect the City’s motorized and non-motorized transportation system with increased traffic although not a guarantee. The existing 50,000 square foot building and accessory uses on site generate considerable traffic. However, future development may require a Traffic Impact Study to identify the extent of increased traffic volumes and specify required infrastructure improvements to serve the development. 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 47, a Transit score of 24, and Bike Score of 73. Average walk score for the city as a whole is 47 out of 100. According to Walk Score® the walks score measures the walkability of any address based on the distance to nearby places and pedestrian friendliness. 90 – 100 Walker’s Paradise. Daily errands do not require a car. 70 – 89 Very Walkable. Most errands can be accomplished on foot. 50 – 69 Somewhat walkable. Some errands can be accomplished on foot. 25 – 49 Car-Dependent. Most errands require a car. 0 – 24 Car-Dependent. Almost all errands require a car. 144 22184 Staff Report for the East Main Zone Map Amendment Page 15 of 34 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. G. Promotion of compatible urban growth. Criterion met. The Bozeman Community Plan establishes a preferred and compatible development pattern. “The land use map sets generalized expectations for what goes where in the community… The land use categories and descriptions provide a guide for appropriate development and redevelopment locations for civic, residential, commercial, industrial, and other uses. The future land use designations are important because they aim to further the vision and goals of the City through promoting sustainability, citizen and visitor safety, and a high quality of life that will shape Bozeman’s future.” (Community Plan p. 51). The City’s future land use map designates the properties as Community Commercial Mixed- Use. These designations correlate with several zoning districts including the B-2M district proposed by the applicants. The districts were developed by the City to promote appropriate urban growth compatible with the areas of the City as identified on the future land use map. Based on the land use map designations and correlated zoning districts in the plan and proposed by the applicants, the zone map amendment would promote compatible urban growth. Also see the discussion in (H) below. The applicant provides additional support by stating, “… The designation this site as B2M offers additional design flexibility to and will offer future development to unfold compatible with development adjacent to the existing zones. The flexibility offered by B2M zoning will allow the site to respond to and meet the demands of the surrounding neighborhoods, providing complimentary retail, commercial uses, offices, and restaurants to serve the needs of the community of Central Bozeman. All future design and construction will be compatible with the UDC site and design standards, further ensuring compatibility for this site. Furthermore, The Bozeman Community Plan establishes a preferred and compatible development pattern through the Future Land Use Map, which establishes generalized expectations for what goes where in the community. Moreover, the UDC explicitly defines compatible urban growth, which does not require uniformity in order to ensure compatibility. The City’s zoning ordinances define the uses and development standards associated for projects proposed under the auspices of each zone. Each zone includes a range of uses that are appropriate. 145 22184 Staff Report for the East Main Zone Map Amendment Page 16 of 34 The property is designated as Community Commercial Mixed Use on the future land use map, which allows for B2M implementing zoning as proposed by the applicant. Based on the land use map designations and correlated zoning districts in the plan and proposed by the applicant, the zone map amendment would promote compatible urban growth. Also see the discussion in (H) below. Future development under the proposed zoning will look to advance the Actions within the Climate Plan to create efficient buildings that contain renewable energy generation infrastructure. Future site planning will look to integrate compact development patterns that is supported by a variety of transit infrastructure. Future development will additionally support the Community Housing Action Plan through the provision of additional housing stock variety and availability.” H. Character of the district. Criterion met. Section 76-2-302, MCA says “…legislative body may divide the municipality into districts of the number, shape, and area as are considered best suited to carry out the purposes [promoting health, safety, morals, or the general welfare of the community] of this part.” Emphasis added. This proposal amends the zoning map and not the text. Therefore, no element of this amendment modifies the standards of any zoning district. The character of the districts as created by those standards remains intact. As noted above, the City Commission has latitude in considering the geographical extents of a zoning district. It is not expected that zoning freeze the character of an area in perpetuity. Rather, it provides a structured method to consider changes to the character. 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 City has adopted many standards to identify and avoid or mitigate demonstrable negative impacts of development. These will support the ability of future development in the proposed B-2M district to be compatible with adjacent development’s mixed-use characteristics and 146 22184 Staff Report for the East Main Zone Map Amendment Page 17 of 34 uphold the unique character of the area. The site has an existing commercial building (motel) and associated parking area. There are a wide variety of uses adjacent to the site including residential and commercial. A review of the uses allowed in the proposed zones shows many similarities with existing and authorized uses in the surrounding area. Therefore, the change in zoning does not appear to conflict with the character of the area. 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 existing functional transportation system, proximity to large park area, major streets serving the property, existing city services established, and the variety of land uses in the immediate area, the proposed B-2M district allows for more similar configuration of uses as the surrounding area, even though the B-2M district is a more intensive district than the existing B-2 zoning generally allows. As shown in Figure 2, the property is bounded by B-2 zoning on the east, west, and north with R-1 to the south. The site includes redevelopment and infill opportunities. The proposed B-2M district can support many types of urban development that are likely to serve the immediate area as a result of its location and proximity to residential areas to the south. Final determination of suitability will occur during the site development process. J. Conserving the value of buildings. Criterion met. The site has an existing commercial building, semi-permanent greenhouse structures, a large associated parking area, and undeveloped areas hosting a considerable amount of noxious weeds. B-2M zoning will allow for new and diverse development patterns on the subject parcel that compliment development on adjacent sites. Future development must comply with the Bozeman Unified Development Code which will ensure an appropriate scale and intensity of uses. As a result, the proposed zone map amendment is not anticipated to negatively impact nearby building values as the development pattern will be appropriate to the surrounding character of the district. 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 B-2M 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 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 mixed-use development have been identified by the community as the most appropriate types of development for the property. The Unified 147 22184 Staff Report for the East Main Zone Map Amendment Page 18 of 34 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 new zoning will allow for higher residential and commercial densities to be constructed on an infill site in a growing area of Bozeman. The City is in need of additional housing and retail/commercial services in proximity to established neighborhoods to accommodate demand and meet additional community needs. The Community Plan is also supportive of the appropriateness of the possible uses of the lands encompassed in the ZMA, as has been described in the response to Criteria A (above). The B2M zoning offers an opportunity to create neighborhood scale commercial development adjacent to a critical transit corridor and established residential neighborhoods, while providing for additional site design flexibility (i.e. lower parking requirements).” 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.’ The differences between B-2 and B-2M are small and not significant. Allowed uses are identical although their integration into a single building does vary. As noted above, parking requirements are considerably less in the B-2M district that the B-2 district. As a result, the proposed B-2M zoning designation would not result in primary uses of the site which are significantly different from prevailing land uses in the area. 2. Is the area requested for the rezone rather small in terms of the number of separate landowners benefited from the proposed change? No. In order to determine whether or not this condition is present, both this question and the following point must be evaluated together. Although there is a single property owner the purpose and function of the B-2M zoning district is to serve the needs of the entire community by encouraging opportunity for commercial activity, residential use in a harmonious pattern. The B-2M zoning designation is an implementing district to the commercial land use designation and promotes a variety of land uses that are needed for the function and vitality of the immediate neighborhood and the greater community. These 148 22184 Staff Report for the East Main Zone Map Amendment Page 19 of 34 include commercial activity, residential uses, and limited industrial all of which integrate employment, entertainment, and housing in close proximity to other city services and areas. The amendment is consistent with and supports the City’s adopted growth policy, thus is assumed to be a benefit to the greater community. 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 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 B-2M zoning designation will allow for a variety of uses conducive to the Community Commercial Mixed Use land use designation. Further, as discussed in Criterion A, the application is consistent 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 149 22184 Staff Report for the East Main Zone Map Amendment Page 20 of 34 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 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 and representative, Western Heritage Ownership, LLC, 1200 East Main Street, Bozeman, MT 59715, and Applicant Intrinsik Architecture submitted an application to rezone a an approximately 1.5 acre parcel from B-2 to B-2M. The property currently hosts the Western Heritage Inn located at 1200 East Main Street. East Main Street is a designated Principal Arterial street according to the Bozeman Area Transportation Plan, 2017 Update. Montana Department of Transportation (MDT) has jurisdictional authority on this roadway. No future development plans were submitted or required with the application. The primary differences between the B-2 and B-2M districts are slight differences in building height, more permissive residential use, and reduction of parking requirements. Building height in the B-2 district is between 50-60 feet, depending on roof pitch. Building height in B- 2M is five (5) stories or 60 feet. Residential use is allowed on the ground floor in without a Conditional Use Permit in the B-2M zone and may be permitted in the B-2 district with an approved CUP. 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 September 18 and October 2, 2022. The Community Development Board hearing is scheduled for October 17, 2022 and the City Commission public hearing is scheduled for November 15, 2022. 150 22184 Staff Report for the East Main Zone Map Amendment Page 21 of 34 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 is designated as community commercial mixed use in the Bozeman Community Plan 2020 future land use map – see descriptions below. “Community Commercial Mixed Use.” The growth policy states that, “activities within this land use category are the basic employment and services necessary for a vibrant community. Establishments located within these categories draw from the community as a whole for their employee and customer base and are sized accordingly. A broad range of functions including retail, education, professional and personal services, offices, residences, and general service activities typify this designation. In the “center-based” land use pattern, Community Commercial Mixed Use areas are integrated with significant transportation corridors, including transit and non-automotive routes, to facilitate efficient travel opportunities. The density of development is expected to be higher than currently seen in most commercial areas in Bozeman and should include multi-story buildings…High density residential areas are expected in close proximity. Including residential units on sites within this category, typically on upper floors, will facilitate the provision of services and opportunities to persons without requiring the use of an automobile… Mixed use areas should be developed in an integrated, pedestrian friendly manner and should not be overly dominated by any single land use. Higher intensity employment and residential uses are encouraged in the core of the area or adjacent to significant streets and intersections. As needed, building height transitions should be provided to be compatible with adjacent development.” The Zoning Correlation Table on Page 58 of the Bozeman Community Plan, 2020 correlates zoning districts with the Growth Policy’s land use categories, demonstrating that the proposed zoning designation of B-2M correlates with the Growth Policy’s future land use designation of “Community Commercial Mixed Use”. 151 22184 Staff Report for the East Main Zone Map Amendment Page 22 of 34 Proposed Zoning Designation and Land Uses: The applicant has requested zoning of B-2M (Community Business District-Mixed). The intent of the B-2M district is “…to function as a vibrant mixed-use district that accommodates substantial growth and enhances the character of the city. This district provides for a range of commercial uses that serve both the immediate area and the broader trade area and encourages the integration of multi-household residential as a secondary use. Design standards emphasizing pedestrian oriented design are important elements of this district. Use of this zone is appropriate for arterial corridors, commercial nodes and/or areas served by transit”. 152 22184 Staff Report for the East Main Zone Map Amendment Page 23 of 34 Table 38.310.040.A Permitted general and group residential uses in residential zoning districts Table clarifications: 1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted. 2. If a * appears after the use, then the use is defined in article 7. 3. Where a code section is referenced after the use, then the use is subject to the additional 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 Commercial Mixed Use Industrial PLI B-1 1 B-2 B-2M B-3 UMU RE MU NEHMU 2 BP M-1 M-2 General sales Automobile, boat or recreational vehicle sales, service and/or rental — — — — — — P — P P — Automobile fuel sales or repair (38.360.070)* S S S S S S P — P P — Convenience uses (38.360.100)* — P P C C P P — — — — Heavy retail establishment (Retail, large scale - 38.360.150)* — P P C P C P — P P — Restaurants* P 3 P P P P P P 1,500sf — P 3 P 3 — 153 22184 Staff Report for the East Main Zone Map Amendment Page 24 of 34 Retail* • 0-5,000sf GFA P 4 P 4 P 4 P 4 P 4 P 4,5 A 6 C 7 A 6 A 6 C 7 A 6 C 7 — • 5,001-24,999sf GFA — P 4 P 4 P 4 P 4 P 4,5 A 6 C 7 A 6 A 6 C 7 A 6 C 7 — • 25,000sf-39,999sf GFA — P 4 P 4 P 4 P 4 — A 6 C 7 A 6 A 6 C 7 A 6 C 7 — • Over 40,000sf GFA (Retail, large scale - 38.360.150)* — P 4 P 4 — S — — — — — — Sales of alcohol for on-premises consumption (38.360.060) S 8 S 8 S 8 S 8 S 8,9 S 8,9 S 8 — C 8,10 C 8,10 — 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 (see table 38.310.030 for those not listed in this table). 3. Occupying not more than 20 percent of the gross floor area of a building or 1,500 square feet, whichever is less, or occupying not more than 45 percent of the gross floor area of a food processing facility. 4. Excluding adult businesses as defined in section 38.700.020 of this chapter. 5. Special REMU district conditions based on the amount of on-site retail uses: a. Retail uses greater than 5,000 square feet and less than or equal to 12,000 square feet are limited to no more than four structures per 100 acres of contiguous master planned development and subject to section 38.310.060.C. b. Retail uses greater than 12,000 square feet and less than or equal to 25,000 square feet are limited to no more than two structures per 100 acres of contiguous master planned development and subject to section 38.310.060.C. 6. Retail sales of goods produced or warehoused on site and related products, not to exceed 20 percent of gross floor area or 10,000 square feet, whichever is less. 7. Retail establishments as a primary use are conditionally permitted. 8. Also subject to chapter 4, article 2. 154 22184 Staff Report for the East Main Zone Map Amendment Page 25 of 34 9. No gaming allowed. 10. Sales of alcohol for on-premises consumption in the M-1 and M-2 districts are permitted with the following conditions: a. Restaurants serving alcoholic beverages are limited to those with state beer and wine licenses issued since 1997, prohibiting any form of gambling and occupying not more than 45 percent of the total building area of a food processing facility; and/or b. Retail sales for on-premises consumption of alcohol produced on site, not to exceed 10,000 square feet or 50 percent of the facility, whichever is less. Table 38.310.040.B Permitted services and temporary lodging 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-1 1 B-2 B-2M B-3 UMU REMU NEHMU 2 BP M-1 M-2 Personal and general service Animal shelters — — — — — — C — S S — Automobile washing establishment* — P P C C C P — P P — 155 22184 Staff Report for the East Main Zone Map Amendment Page 26 of 34 Daycare—Family, group, or center* P 3 P 3 P 3 P 3 P 3 P 3 S/A S/A 4 C/A 4 C/A 4 C General service establishment* P P P P P P P C P C — Health and exercise establishments* P S P P P P P P C P P — Heavy service establishment* — P P C P C P — P P — Medical and dental offices, clinics and centers* P 3 S P 3 P 3 P 3 P 3 P 3 P P P P — Mortuary — S S S S — — — — — — Offices* P 3 S P 3 P 3 P 3 P 3 P 3 P P 5 P P — Personal and convenience services* P P P P P P A A A A — Truck repair, washing, and fueling services — — — — — — C — C P — Temporary lodging Bed and breakfast* — — — — — P C — — — — Short Term Rental (Type 1)* — P P P P P P — — — — Short Term Rental (Type 2)* — P P P P P P — — — — Short Term Rental (Type 3)* — P P P P P — — — — — 156 22184 Staff Report for the East Main Zone Map Amendment Page 27 of 34 Hotel or motel* — P P P P P 40,000sf P — P P — 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 (see table 38.310.030 for those not listed in this table). 3. Only lobbies for the applicable use are allowed on designated Storefront block frontages as set forth in section 38.510.020. 4. If primarily offering services to a single business or group of businesses within the same building or building complex. 5. Professional and business offices only. Table 38.310.040.C Permitted residential 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. Uses Zoning Districts Commercial Mixed Use Industrial PLI B-1 1 B-2 B-2M B-3 UMU REMU NEHMU 2 BP M-1 M-2 General residential Accessory dwelling unit (38.360.040) — — — — — P P — — — — Apartments* 3 P 4 P 4 P 5 P 5 P P A 6 — A 6 A 6 — 157 22184 Staff Report for the East Main Zone Map Amendment Page 28 of 34 Apartment buildings* 3 — C P P 5 P P — — — — — Cottage housing* (38.360.110) — — — — — P — — — — — Single household dwelling (38.360.210) — — — — — P P — — — — Three household dwelling or four-household dwelling (38.360.210) — — — — — P — — — — — Townhouses* 3 & rowhouses* (38.360.240) — C 7 P 7 P 7 — P 8 P — — — — Two-household dwelling (38.360.210) — — — — — P P — — — — Live-work units* P P P P P P P — — — — Ground floor residential C P 5 P 5 — — — — — — — Group residences Community residential facilities with eight or fewer residents* P 4 P 4, 5 P 4, 5 P 4, 5 P 4, 5 P P — — — — Community residential facilities serving nine or more residents* - C C — P P — — — — — Cooperative household* — — — — — P C — — — — Group living (38.360.150)* P 4 P 4 P 5 P 4 — P P — — — — Lodging houses* — C C 5 C 3 P P — — — — — 158 22184 Staff Report for the East Main Zone Map Amendment Page 29 of 34 Transitional and emergency housing and related services (38.360.135)* — S S S S S S S S — S 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. May be subject to the provisions of chapter 38, article 380. 4. When located on the second or subsequent floor, or basement as defined in section 38.700.030 of this chapter. Lobbies associated with residential uses are allowed on the ground floor. 5. Non-residential uses (except for lobbies associated with residential uses) are required on the ground floor to a minimum depth of 20 feet from front building façade on properties adjacent to designated storefront streets per section 38.500.010. 6. For the purpose of this section, accessory means less than 50 percent of the gross floor area of the building, and not located on the ground floor. 7. Five or more attached units. 8. Five or fewer attached units. Table 38.310.040.D Permitted industrial and wholesale 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. Uses Zoning Districts Commercial Mixed Use Industrial PLI B-1 1 B-2 B-2M B-3 UMU REMU NEHMU 2 BP M-1 M-2 159 22184 Staff Report for the East Main Zone Map Amendment Page 30 of 34 Industrial and Wholesale Junk salvage or automobile reduction/salvage yards — — — — — — — — — C — Manufacturing, artisan* P P P P 3 P P P P P P — Manufacturing (light)* — S S C 4 P 5 P 6 P P 5 P 5 P — Manufacturing (moderate)* — C C — — — P P P P — Manufacturing (heavy)* — — — — — — — — C P — Outside storage — — — — — — P A P P — Refuse and recycling containers A A A A A A A A A A — Warehousing* — — — — — — P — P P — Warehousing, residential storage (mini warehousing) (38.360.180)* — — — — — — P — P P — 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. For uses in the downtown core as described below, a high volume, pedestrian-oriented use adjoining the building's entrance on Main Street is required. The downtown core includes those properties along Main Street from Grand to Rouse Avenues and to the alleys one-half block north and south from Main Street. 4. Except on the ground floor in the downtown core (those properties along Main Street from Grand to Rouse Avenues and to the alleys one-half block north and south from Main Street). 5. Completely enclosed within a building. 6. Limited to 5,000 square feet in gross floor area. Additional uses for telecommunication facilities are provided for in division 38.370 of this article. 160 22184 Staff Report for the East Main Zone Map Amendment Page 31 of 34 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-1 1 B-2 B-2M B-3 UMU REMU NEHMU 2 BP M-1 M-2 Public, educational, government and regional Business, trade, technical or vocational school — P P P 3 P P P P P P — Cemeteries* — — — — — — — — — — P Essential services (38.360.140) • Type I A A A A A A A A A A A • Type II P P P P P P P P P P P • Type III C 4 P P C 4 C C 4 P C P P P P Meeting hall - P P P P P — — — — — 161 22184 Staff Report for the East Main Zone Map Amendment Page 32 of 34 Production manufacturing and generation facilities (electric and gas) — — — — — — — — — S — 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 12,000sf — — — — — Casinos — — — — — — — — C C — Community centers (38.360.080)* P P P P P P P P P P P Accessory and/or other uses Agricultural uses* — — — — — — — — — P — 162 22184 Staff Report for the East Main Zone Map Amendment Page 33 of 34 Home-based businesses (38.360.140)* 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 C 5 C 5 C 5 — 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. Only lobbies for the applicable use are allowed on designed Storefront block frontages as set forth in section 38.510.020. Otherwise, the applicable use is permitted when located on the second or subsequent floor, or basement, as defined in section 38.700.030 of this chapter. 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. Additional uses for telecommunication facilities are provided for in division 38.370 of this article. 163 22184 Staff Report for the East Main Zone Map Amendment Page 34 of 34 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF Owner: Western Heritage Ownership, LLC, 1200 East Main Street, Bozeman, MT 59715 Applicant: Intrinsik Architecture, 106 E Babcock, Suite 1A, Bozeman, MT 59715 Representative: Western Heritage Ownership, LLC, 1200 East Main Street, 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=258206 164 Memorandum REPORT TO:Community Development Board FROM:Chris Saunders, Community Development Manager Anna Bentley, Community Development Interim Director SUBJECT:Upcoming Items Expected for November 7, 2022 Community Development Board Meeting MEETING DATE:October 17, 2022 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:No action required. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:The following project review items are presently scheduled for the November 7, 2022 Community Development Board meeting. 1. Icon at NWX Master Site Plan, Application 22433 - Applications 22433, 22434, and 22435 will be the subject of a single motion due to the interrelated nature of the applications. Review is in the capacity of Design Review Board. 2. Icon at NWX Phase 1 Site Plan, Application 22434 3. Icon at NWX Phase 2 Site Plan, Application 22435 4. Recommendation to the City Commission on Capital Improvement Program for impact fees for FY24-FY29. The Board was provided training on impact fee duties and responsibilities on April 18th. The training materials are available at the Board folder in Laserfiche. The recording of the April 18, 2022 meeting is also available through the City's website. Staff suggests the Board members review this material. UNRESOLVED ISSUES:None. ALTERNATIVES:None. FISCAL EFFECTS:None. Attachments: CIP Calendar FY24 to FY28.pdf 165 Report compiled on: October 12, 2022 166 Function/Task Responsible Department FY24‐FY28 ELT‐ Kick off HR/Finance 8/10/2022 CIP Level Open for Entries Finance 8/22/2022 CIP entry trainings (At least two) Finance TBD ‐ Email with dates will go  out after level opens Departments review staffing plan w/  ACM or CM ALL Departments Early September Public Works entry deadline Public Works Divisions 9/16/2022 Public Works Fund review PW Directors/Engineer/Finance 9/30/2022 ENTRY IN CIP COMPLETED ALL Departments 9/30/2022 CIP Reports to Departments Finance 10/14/2022 CIP Management meetings  ALL 10/17 and 10/18 Public Works Funds 9am‐ 12pm 10/17/2022 General fund and Special Rev Funds 9am‐ 12pm 10/18/2022 HR Meets with Departments to Update  Staffing Plan HR/Departments 10/2022 ‐ 11/2022 Transportation Board 10/27  Community Development  Board 11/7 and 11/21  Library Board 11/16 Final CIP balancing Finance/ City Manager's Office 11/7/2022 CIP Document completed and posted  linked in packet Finance 11/10/2022 Commission Meetings‐Presentation on  Highlights from selected funds (one  memo for action item) Finance / PW‐ Street Maint, Street  Impact Fee, A&C, Water, Impact Water,  Wastewater and Wastewater Impact,  Stormwater, and Solid waste 11/22/2022 Staffing Plan ACM/CM meetings HR/Departments TBD Commission Meetings‐Presentation on  Highlights from selected funds (one  memo for action item) Finance / ALL‐ General Fund and all  other Special Revenue funds  12/6/2022 Commission Meetings‐ Final Resolution  Adoption Finance ‐ Resolution $$ 12/13/2022 Staffing Plan is costed Finance 12/2022 Staffing Plan CM/ACM Balancing CM/HR/ Finance 1/2023 Staffing Plan communicated prior to  Budget  CM/HR 2/2023 FY24 ‐ FY28 Advisory Board Meetings Finance/Public works/Fire/Library 167 Dept/Div Funds Day Time Date and Location 9am ‐12pm Solid Waste 640 9‐9:15 Stormwater 670 9:15‐9:30 Water 600 9:30‐10:00 Wastewater 620 10‐10:30 Streets (Street & Vehicle  Maintenance) 111,710 10:30‐11 Engineering (PW Admin, Impact  Fees, A&C, Street & Curb) 141, 610, 630 11‐12:00 9am‐ 12pm Parking 650 9‐9:10 Community Development  (Planning & BI)  100, 115 9:10‐9:20 Fire 187, 113 9:20‐9:40 Forestry 112 9:40‐9:50 Parks  195 9:50‐10:10 Library Dep Fund 561 10:10‐10:20 Cemetery 10:20‐10:30 Recreation 10:30‐10:45 Facilities 10:45‐11 IT 11‐11:15 Police 11:15‐11:30 Other Depts  11:30‐12 Monday 10/17/2022 Commission  Room ‐ City Hall Tuesday 10/18/2022 Commission  Room ‐ City Hall  Public Works General Fund Other funds 10 168