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Home My WebLink About11-22-22 City Commission Meeting Agenda & Packet MaterialsA.Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B.Pledge of Allegiance and a Moment of Silence C.Changes to the Agenda D.Public Service Announcements D.1 Recently Approved Citizen Advisory Board Minutes (Maas) D.2 City of Bozeman Offices will be closed Thursday, November 24 and Friday, November 25.(Maas) E.FYI F.Commission Disclosures G.Consent THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, November 22, 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: 2551 546 3112 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 G.1 Accounts Payable Claims Review and Approval (Waters) G.2 Findings of Fact and Order (FOF) for the Preliminary Planned Unit Development (P-PUD) and Conditional Use Permit (CUP) for the Billings Clinic Bozeman Medical Campus(Montana) G.3 Authorize the City Manager to sign a Conditional Irrevocable Offer of Dedication and a Hold Harmless Agreement with Six Range Holdings, LLC for the Six Range Condominiums Site Plan (21235)(Paz-Solis) G.4 Authorize the City Manager to Sign a Professional Services Agreement with Baker Tilly for Municipal Advisory Services(Hodnett) G.5 Authorize the City Manager to Sign a Task Order Number 4 with Sanderson Stewart for the Purpose of Easement Acquisition on the Fire Station 1 Ice Well Relocation Project(Nielsen) G.6 Resolution 5458 Supporting the Application to the Big Sky Economic Development Trust Fund Program Administered by the Montana Department of Commerce, on Behalf of CommonFont(DiTommaso) G.7 Resolution 5459 Supporting the Application to the Big Sky Economic Development Trust Fund Program Administered by the Montana Department of Commerce, on Behalf of Bridger Photonics(DiTommaso) H.Public Comment This is the time to comment on any matter falling within the scope of the Bozeman City Commission. There will also be time in conjunction with each agenda item for public comment relating to that item but you may only speak once. Please note, the City Commission cannot take action on any item which does not appear on the agenda. All persons addressing the City Commission shall speak in a civil and courteous manner and members of the audience shall be respectful of others. Please state your name and address in an audible tone of voice for the record and limit your comments to three minutes. Written comments can be located in the Public Comment Repository. I.Mayoral Proclamation I.1 Proclaiming National Small Business Saturday(Andrus) J.Action Items J.1 Continuation of 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 Rights-of-way from NEHMU (Northeast Historic Mixed Use) to B-2M (Community Business District Mixed)(Rogers) K.Work Session K.1 Mobile Crisis Update and Work Session(Winn) K.2 FY24-28 Capital Improvement Plan Presentation - Introduction & Public Works 2 Funds(Hodnett) L.FYI / Discussion M.Adjournment City Commission meetings are open to all members of the public. If you have a disability that requires assistance, please contact our ADA Coordinator, Mike Gray, at 582-3232 (TDD 582-2301). Commission meetings are televised live on cable channel 190 and streamed live at www.bozeman.net. In order for the City Commission to receive all relevant public comment in time for this City Commission meeting, please submit via www.bozeman.net or by emailing agenda@bozeman.net no later than 12:00 PM on the day of the meeting. Public comment may be made in person at the meeting as well. 3 Memorandum REPORT TO:City Commission FROM:Taylor Chambers, Deputy City Clerk Mike Maas, City Clerk Jeff Mihelich, City Manager SUBJECT:Recently Approved Citizen Advisory Board Minutes MEETING DATE:November 22, 2022 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:No action necessary STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders. BACKGROUND:On August 10, 2021 the City Commission adopted Resolution 5323 establishing a High Performing Boards model. In Section 2: Communications, item 7 it is stated that "City Staff will develop minutes that the Board will review and approve; minutes shall be provided to the City Commission and made available to the public." This item presents the recently approved minutes for the following Citizen Advisory Boards: September 14, 2022 Sustainability Board October 12, 2022 Sustainability Board August 16, 2022 Downtown Urban Renewal Board September 20, 2022 Downtown Urban Renewal Board September 21, 2022 Downtown Business Improvement District Board August 3, 2022 Economic Vitality Board September 29, 2022 Economic Vitality Board August 17, 2022 Historic Preservation Advisory Board September 21, 2022 Historic Preservation Advisory Board September 22, 2022 Urban Parks & Forestry Board September 12, 2022 Community Development Board October 3, 2022 Community Development Board 4 October 17, 2022 Community Development Board September 28, 2022 Transportation Advisory Board UNRESOLVED ISSUES:None ALTERNATIVES:None FISCAL EFFECTS:None Report compiled on: July 29, 2022 5 Memorandum REPORT TO:City Commission FROM:Taylor Chambers, Deputy City Clerk Mike Maas, City Clerk Jeff Mihelich, City Manager SUBJECT:City of Bozeman Offices will be closed Thursday, November 24 and Friday, November 25. MEETING DATE:November 22, 2022 AGENDA ITEM TYPE:Administration RECOMMENDATION:City of Bozeman Offices will be closed Thursday, November 24 and Friday, November 25. STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:City of Bozeman Offices will be closed Thursday, November 24 and Friday, November 25. UNRESOLVED ISSUES:none ALTERNATIVES:none FISCAL EFFECTS:none Report compiled on: November 15, 2022 6 Memorandum REPORT TO:City Commission FROM:Nadine Waters, Accounts Payable Clerk Nicole Armstrong, Accounts Payable Clerk Levi Stewart, Assistant City Controller Aaron Funk, City Controller Melissa Hodnett, Finance Director SUBJECT:Accounts Payable Claims Review and Approval MEETING DATE:November 22, 2022 AGENDA ITEM TYPE:Finance RECOMMENDATION:The City Commission is recommended to make a motion and approve payment of claims as presented. STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND:Montana Code Annotated, Section 7-6-4301 requires the City Commission to review claims prior to payment. Claims presented to the City Commission under this item have been reviewed and validated by the Finance Department. The Department has ensured that all goods and services have been received along with necessary authorizations and supporting documentation. Additionally, the Department confirmed all expenditures were appropriately coded and within the current fiscal year allocated budget. UNRESOLVED ISSUES:None ALTERNATIVES:The City Commission could decide not to approve these claims or a portion of the claims presented. This alternative is not recommended as it may result in unbudgeted late fees assessed against the City. FISCAL EFFECTS:The total amount of the claims to be paid is presented at the bottom of the Expenditure Approval List posted on the City’s website at https://www.bozeman.net/departments/finance/purchasing. Report compiled on: November 17, 2022 7 Memorandum REPORT TO:City Commission FROM:Susana Montana, Senior Planner, Development Review Division Brian Krueger, Manager, Development Review Division Anna Bentley, Director, Community Development Department SUBJECT: Findings of Fact and Order (FOF) for the Preliminary Planned Unit Development (P-PUD) and Conditional Use Permit (CUP) for the Billings Clinic Bozeman Medical Campus MEETING DATE:November 22, 2022 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION: "Having reviewed and considered application materials, public comment, and all the information presented, I accept the staff report and findings for application 22244 and authorize the Mayor to sign the Findings of Fact and Order (FOF) for the Preliminary Planned Unit Development (P-PUD)/ Conditional Use Permit (CUP) for the Billings Clinic Bozeman Medical Campus Site which was approved unanimously by the City Commission on September 13, 2022." STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND: The Department of Community Development received P – PUD submittal on June 29, 2022 for the 58-acre medical service “campus” at the northeast edge of the City to request deviations or waivers from specific Bozeman Municipal Code (BMC) standards to allow greater building heights, more signage, different street lights, lower block frontage standards, a block size waiver and to allow all residential uses in the B-2-zoned Site. The campus has an adopted Master Site Plan and an approved Phase 1 site plan for the medical office building currently under construction. The P-PUD deviations would enable the development of the Site per the adopted Master Site Plan. The City Commission considered this P-PUD and companion 8 Conditional Use Permit (CUP) application and, based on the findings of the staff report and testimony at the September 13, 2022, public hearing, unanimously approved the P-PUD/CUP application, with conditions and code provisions, for the Billings Clinic Bozeman Medical Campus Site. UNRESOLVED ISSUES:None that staff is aware of. ALTERNATIVES:1. Authorize the Mayor to sign the Findings of Fact and Order as presented; 2. Authorize the Mayor to sign the Findings of Fact and Order with Modifications; 3. Amend the Findings of Fact and Order as determined by the Commission. FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property tax revenues from new development, along with increased costs to deliver municipal services to the property. 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: City Commission Memo 22244 Billings Clinic P PUD Findings of Fact and Order staff rpt.pdf Attachment A Billings Clinic Bozemanm Prelim PUD Document and Guidelines-08 19 22.pdf Report compiled on: November 4, 2022 9 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Susana Montana, Senior Planner, Development Review Division Brian Krueger, Manager, Development Review Division Anna Bentley, Director of Community Development SUBJECT: Billings Clinic Bozeman Medical Campus Preliminary Planned Unit Development (P-PUD) and Conditional Use Permit (CUP) Findings of Fact and Order; Application No. 22244. MEETING DATE:November 22, 2022 AGENDA ITEM TYPE:Consent RECOMMENDATION: Authorize the Mayor to sign the Findings of Fact and Order (FOF) for the Billings Clinic Bozeman Medical Campus Preliminary Planned Unit Development (P-PUD) and CUP application. BACKGROUND: On September 13, 2022, the City Commission held a public hearing on an application for preliminary approval of the Billings Clinic Bozeman Medical Campus Planned Unit Development (PUD) and companion Conditional Use Permit (CUP). The Commission voted unanimously to approve the PUD/CUP by a 5 to 0 vote. One additional Unified Development Code deviation/relaxation was added to the PUD by the Commission’s Motion to allow all types of housing on all levels of development within the PUD Site. No public comment was received on this application. UNRESOLVED ISSUES:Staff is unaware of any unresolved issues. ALTERNATIVES: 1) Approval of the Findings of Fact and Order as drafted; 2) Approval of the Findings of Fact and Order with modifications; 3) As determined by the City Commission. FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property tax revenues from new development, along with increased costs to deliver municipal services to the property. Impact fees will be collected at the time of issuance of building permits for individual buildings along with City sewer and water connection fees. Attachment:Findings of Fact and Order staff report Report compiled on: November 4, 2022 10 Page 1 of 22 22244 City Commission Findings of Fact and Order for the Billings Clinic Bozeman Medical Campus Preliminary Planned Unit Development (P-PUD) and companion Conditional Use Permit (CUP). Date: City Commission Public Hearing November 22, 2022 City Commission Room, Bozeman City Hall, 121 North Rouse Avenue Bozeman, MT 59715 Project Description: This Preliminary PUD and its accompanying Conditional Use Permit (CUP) would amend the base B-2, Community Business zoning for the Billings Clinic Bozeman Medical Campus--a mixed-use development of a 58-acre vacant property located in the northwest edge of the City. This medical campus has been approved as a Master Site Plan [Project No. 20216] and its first 125,000 square foot (sf) Phase 1 ambulatory medical service building Site Plan [No. 20213] has been approved and is under construction on a 10-acre portion of the campus at its northeast edge. The Community Development Board reviewed the PUD Concept Plan on March 7, 2022 (Project No. 21471) and reviewed this P-PUD/CUP on August 15, 2022 and recommended approval of the P-PUD/CUP. The P-PUD provides deviations to the B-2 zoning and other zoning and design standards of the Bozeman Municipal Code (BMC) for the “campus” Site in order to facilitate a long-range development that would fulfill the Applicant’s medical service mission for this Bozeman campus. The P-PUD is consistent with, and would enable implementation of, the adopted Master Site Plan. The City Commission considered the P- PUD/CUP at a September 13, 2022 public hearing and voted unanimously, 5 to 0, to approve the application with the 3 staff-recommended conditions and with the addition of a deviation/relaxation to allow all types of housing on all levels of development within the PUD Site. Project Location: Largely unaddressed except the Phase 1 development site at 3905 Wellness Way, Bozeman, MT. Legal Description: The parcel is legally described as Lot 2A-1, Minor Subdivision 221F of S26, T1 S, R5 E, P.M.M., City of Bozeman, Gallatin County, Montana. Recommendation: Authorize the Mayor to sign the Findings of Fact and Order for the approval of the Billings Clinic Bozeman Medical Campus Preliminary Planned Unit Development and Conditional Use Permit, with the staff-recommended conditions and applicable code provisions. Motion: “Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the Findings of Fact and Order staff report for application 22244 and move to authorize the Mayor to sign the Findings of Fact and Order for the Billings Clinic Bozeman Medical Campus Preliminary Planned Unit Development and Conditional Use Permit application, subject to conditions and all applicable code provisions.” Action Date: November 22, 2022 11 22244; Findings of Fact and Order for Billings Clinic Bozeman Medical Campus Preliminary Planned Unit Development (P-PUD) and Conditional Use Permit (CUP) Page 2 of 22 Staff Contact: Susana Montana, Senior Planner, Development Review Division Executive Summary The Community Development Board reviewed the PUD Concept Plan on March 7, 2022 (Project No. 21471) and reviewed this P-PUD/CUP on August 15, 2022 and recommended approval of the P-PUD/CUP. The P-PUD provides deviations to the B-2 zoning and other zoning and design standards of the Bozeman Municipal Code (BMC) for the “campus” Site in order to facilitate a long-range development that would fulfill the Applicant’s medical service mission for this Bozeman campus. The P-PUD is consistent with, and would enable implementation of, the adopted Master Site Plan. The City Commission considered the P-PUD/CUP at a September 13, 2022 public hearing and voted unanimously, 5 to 0, to approve the application with the 3 staff- recommended conditions and with the addition of a deviation/relaxation to allow all types of housing on all levels of development within the PUD Site. The City Commission’s review, deliberation and findings may be found under the linked minutes and recorded video of the meetings located at this web page filed under the date 9/13/22: https://www.bozeman.net/services/city-tv-and-streaming-audio. No public comment was received on the application prior to or at the public hearing. Concurrent construction of the adjacent street, site infrastructure and buildings is proposed. The criteria for granting a PUD are found in BMC 38.430.090.E. A PUD is a discretionary approval and the review authority must find that the overall development is superior to that offered by the basic existing zoning standards as required in BMC 38.430.A.4.c. The intent of a PUD is to promote maximum flexibility and innovation in development proposals within the City. The Applicants can request deviations/relaxations from the code in exchange for a higher quality of design. The obligation to show a superior outcome is the responsibility of the Applicant. The Applicant asserts that the overall outcome of the proposal is superior to what would be obtained from the application of the default B-2 zoning district. The Development Review Committee (DRC) has reviewed the application. Based on its evaluation of the application against the criteria, the DRC found the application adequate for continued review. The DRC supports the granting of concurrent construction for this project with the satisfaction of all code requirements related to concurrent construction with the Final PUD application. Unresolved Issues There are no unresolved issues with this application. 12 22244; Findings of Fact and Order for Billings Clinic Bozeman Medical Campus Preliminary Planned Unit Development (P-PUD) and Conditional Use Permit (CUP) Page 3 of 22 TABLE OF CONTENTS Executive Summary ............................................................................................................. 2 Unresolved Issues ............................................................................................................... 2 SECTION 1 - MAP SERIES .................................................................................................... 4 SECTION 2 - RELAXATION / DEVIATIONS / VARIANCES ............................................ 8 SECTION 3 - CONDITIONS OF APPROVAL ....................................................................... 8 SECTION 4 – REQUIRED CODE PROVISIONS .................................................................. 8 SECTION 5 - ANALYSIS AND FINDINGS .......................................................................... 9 SECTION 6 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ................... 19 APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY................................ 21 APPENDIX C – OWNER INFORMATION AND REVIEWING STAFF ........................... 21 APPENDIX D –PLANNED UNIT DEVELOPMENT INTENT ........................................... 21 ATTACHMENTS ................................................................................................................... 22 13 22244; Findings of Fact and Order for Billings Clinic Bozeman Medical Campus Preliminary Planned Unit Development (P-PUD) and Conditional Use Permit (CUP) Page 4 of 22 SECTION 1 - MAP SERIES Figure 1: Location Map Figure 2: Zoning classifications 14 22244; Findings of Fact and Order for Billings Clinic Bozeman Medical Campus Preliminary Planned Unit Development (P-PUD) and Conditional Use Permit (CUP) Page 5 of 22 Figure 3: Approved Master Site Plan Figure 4: PUD Campus Areas 15 22244; Findings of Fact and Order for Billings Clinic Bozeman Medical Campus Preliminary Planned Unit Development (P-PUD) and Conditional Use Permit (CUP) Page 6 of 22 Figure 5: Phase 1 Buildings in Area E Figure 6: Phase 1 medical office building in Area E 16 22244; Findings of Fact and Order for Billings Clinic Bozeman Medical Campus Preliminary Planned Unit Development (P-PUD) and Conditional Use Permit (CUP) Page 7 of 22 Figure 7: Performance Points Additional Open Space Areas 17 22244; Findings of Fact and Order for Billings Clinic Bozeman Medical Campus Preliminary Planned Unit Development Page 8 of 22 SECTION 2 - RELAXATION / DEVIATIONS / VARIANCES The relaxations may be granted with a Planned Unit Development (PUD). The criteria for granting PUD relaxations are included in BMC 38.430.030.A.4.c. Staff has reviewed the criteria and finds that they are met for all deviations/relaxations with the adoption of the staff analysis and findings below for justification. SECTION 3 - CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. Recommended Conditions of Approval for the P-PUD: 1. Deviation 3—Signage. Roof signs shall not be allowed. 2. Deviation 10—Bicycle Parking Quantity. For each site plan submitted, a vehicle parking needs assessment must be provided which also determines the bicycle parking needs for the particular site plan development and that bike parking demand be met per BMC standards. 3. The locations of the 2 sheltered bus stop proposed for two Performance Points to qualify for this P-PUD must be shown on a campus map as part of the Final PUD Plan submittal SECTION 4 – REQUIRED CODE PROVISIONS 1. BMC 38.220.300 and 310. The Property Owners’ Association documents must include the requirements of Section 38.220.300 and 320. The proposed documents must be finalized and recorded with the final plat. 2. BMC 38.270.030.D For concurrent construction per Section 38.270.030.D BMC. Provide final response to PUD concurrent construction and finalize all of the required code elements prior to the approval of the planned unit development final plan, approval of concurrent construction and prior to building permit issuance. 3. BMC 38.430.040.A.3 This section of the City of Bozeman Unified Development Code (UDC) outlines the review and approval process for the planned unit development final plan. Final plan review and approval. The final plan must be in compliance with the approved preliminary plan and/or development guidelines. Upon approval or conditional approval of a preliminary plan and the completion of any conditions imposed in connection with that approval, an application for final plan approval may be submitted. For approval to be granted, the final plan must comply with the approved preliminary plan. This means that all conditions imposed by the city commission as part of its approval of the preliminary plan have been met and: The final plan does not change the general use or character of the development; The final plan does not increase the amount of improved gross leasable non- residential floor space by more than five percent, does not increase the number of residential dwelling units by more than five percent and does not exceed the amount of any density bonus approved with the preliminary plan; The final plan does not decrease the open space and/or affordable housing provided; The final plan does not contain changes 18 22244; Findings of Fact for the Billings Clinic Bozeman Medical Campus Preliminary Planned Unit Development (P-PUD) application Page 9 of 22 that do not conform to the requirements of this chapter, excluding properly granted deviations, the applicable objectives and criteria of section 38.430.100, or other objectives or criteria of this chapter. The final plan must not contain any changes which would allow increased deviation/relaxation of the requirements of this chapter; and the final plat, if applicable, does not create any additional lots which were not reviewed as part of the preliminary plan submittal. Final plan approval. The final plan may be approved if it conforms to the approved preliminary plan in the manner described above. Prior to final plan approval, the review authority may request a recommendation from the DRB, DRC, ADR staff, or other entity regarding any part of a proposed final plan. SECTION 5 - 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. Applicable Plan Review Criteria, Section 38.230.100, BMC. The Applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, do not in any way create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law. In considering applications for plan approval under this title, the advisory boards and City Commission shall consider the following: 1. Conformance to and consistency with the City’s adopted growth policy Yes. The property has a future land use designation of Regional Commercial and Services. Table C-16 of the Bozeman Community Plan shows the B-2 District as an implementing district of the Regional Commercial and Services designation. The P-PUD land use deviations/relaxations would allow both medical service businesses and employment, open space and would facilitate housing of all types, particularly for employees of the Site. The project is in conformance to and consistent with the City’s adopted growth policy, the Bozeman Community Plan, including the following goals and objectives: Relevant Bozeman Community Plan policies are noted below. LU-1: Create a sense of place that varies throughout the City, efficiently provides public and private basic services and facilities in close proximity to where people live and work, and minimizes sprawl. Objective LU-2.3: Encourage redevelopment and intensification, especially with mixed uses, of brownfields and underutilized property within the City consistent with the City’s adopted standards. Objective E-4.2: Promulgate efficient land use practices. 19 22244; Findings of Fact for the Billings Clinic Bozeman Medical Campus Preliminary Planned Unit Development (P-PUD) application Page 10 of 22 Goal H-1: Promote an adequate supply of safe, quality housing that is diverse in type, density, cost, and location with an emphasis on maintaining neighborhood character and stability. Theme 3: A City Bolstered by Downtown and Complementary Districts. Goal DCD-1: Support urban development within the City. DCD-1.5: Identify underutilized sites, vacant, and undeveloped sites for possible development or redevelopment, including evaluating possible development incentives. DCD-1.7: Coordinate infrastructure construction, maintenance, and upgrades to support infill development, reduce costs, and minimize disruption to the public. Goal DCD-2: Encourage growth throughout the City, while enhancing the pattern of community development oriented on centers of employment and activity. Support an increase in development intensity within developed areas. DCD2.2: Support higher density development along main corridors and at high visibility street corners to accommodate population growth and support businesses. DCD-2.7: Encourage the location of higher density housing and public transit routes in proximity to one another. Goal DCD-3: Ensure multimodal connectivity within the City. DCD-3.5: Encourage increased development intensity in commercial centers and near major employers. Goal DCD-4: Implement a regulatory environment that supports the Community Plan goals. DCD-4.4: Differentiate between development and redevelopment. Allow deviations of code provisions for developed parcels to allow redevelopment to the full potential of their zoning district. For more information on the growth policy designation please see Appendix A. Bozeman Climate Plan Focus Area 3: Vibrant & Resilient Neighborhoods Solution G: Facilitate Compact Development Patterns Solution J: Increase Walking, Bicycling, Carpooling and Use of Transit. 2. Conformance to this chapter, including the cessation of any current violations Yes. The project, if approved, will conform to the Bozeman Municipal Code other than the requested deviations/relaxations. There are no known documented violations of the BMC for this property. 3. Conformance with all other applicable laws, ordinances, and regulations Yes. The proposed uses of the site, other than the requested relaxations, are consistent with the allowed uses of the B-2 district. No specific conflicts have been identified. Additional steps will be required including but not limited to final payment for cash in lieu of water rights, finalization of the final PUD and recordation of the Final PUD/CUP conditions of approval, dedication of the streets and parkland for any housing proposed, dedication of the utility easements, construction of infrastructure, and approval of building permits. The Building Division of the Department of 20 22244; Findings of Fact for the Billings Clinic Bozeman Medical Campus Preliminary Planned Unit Development (P-PUD) application Page 11 of 22 Community Development will review the requirements of the International Building Code for compliance at the time of building permit application. 4. Conformance with special review criteria for applicable permit type as specified in Article 2 Yes. This CUP and PUD criteria are reviewed below. The project meets the requirements and criteria as presented. 5. Conformance with the zoning provisions of Article 3, including permitted uses, form and intensity standards and requirements, applicable supplemental use criteria, and wireless facilities and/or affordable housing provisions if applicable Yes. The medical office and support services to those uses are permitted in the B-2 District. Housing of all types is added as a principal permitted land use to facilitate a jobs-housing balance for this medical “campus” PUD. Form and intensity standards are met with the proposal other than the proposed deviations/relaxations for building height, signage, parking, block frontages, street light color, and block size as noted below. (1) BMC Table 38.310.040.C. All types of residential use, including on the ground floor, in a B-2 zone. This deviation would allow dwelling units of all types on all floors of buildings within the campus. (2) BMC 38.320.050. Building Height. Where the B-2 zone lying within a Regional Commercial and Services Growth Policy designation allows a 90-feet building height for pitched roof buildings and 75-feet for flat roof buildings, the Applicant seeks building heights of up to 151-feet and 8 stories in Areas B and D in the south-central and south- east portions of the campus and seeks heights of 104-feet and 6 stories in Areas A, C and G. (3) BMC 38.560.060. Signage. Since the 58-acre Site is a single parcel/lot, the standard way to regulate the maximum amounts of signage on a per lot basis does not work for this campus. Rather than a “per lot” measurement of signage, the PUD would establish a “per linear foot of the building” limit for wall signs. In addition, the PUD would increase the height and signage square footage of identifying “monument” signs. (4) City Commission Resolution For Standard Streetlight Design. The Phase 1 development of the campus medical center was allowed by the City Engineer to install black streetlight poles instead of the City standard dark green poles. Deviation No. 7 would allow the continued use of the black streetlight poles and fixtures within the campus. Note that this is not a zoning deviation but, rather, is an adopted City policy by the City Commission. The City Commission must explicitly grant this request. The City Engineer supports this alternate street light fixture for the entire campus provided the developer maintains repairs and provides an adequate supply of replacement parts for the black street light fixtures. (5) BMC 38.540.050-3, Parking Minimum and Maximum Quantities. Deviation No. 8 would exempt all developments within the PUD Site from any minimum or maximum parking requirement. In its place, each lot owner/developer would prepare a parking needs assessment to determine the number of parking spaces s/he deems necessary to satisfy their own or their tenants’ needs. Per this deviation, residential or commercial parking 21 22244; Findings of Fact for the Billings Clinic Bozeman Medical Campus Preliminary Planned Unit Development (P-PUD) application Page 12 of 22 provided could be met via surface lots, parking garages and/or on-street parking (where BMC limits on-street parking to meet only residential demands). (6) BMC 38.510.030.M, Block Frontage Standards for Parking Structures. Deviation No. 9 would exempt parking structures from having to have retail, office or residential uses placed or “wrapped” around on the building’s ground floor space. Staff questioned whether this deviation would produce a “superior” structure and “neighbor” to the campus. The Applicant explained that this deviation was necessary for medical service- related garage structures and that retail or office uses “wrapped” around the ground floor of the garage would be a distraction and would not support the medical service use that the garage services. Since this is a medical service campus, staff defers to the Applicant as an expert in the needs of its medical service providers and, therefore, supports this deviation in order to produce a better, if not superior, garage function for the adjacent medical service facilities that it serves. (7) BMC 38.540.050.A.4 Bicycle Parking. Deviation No. 10 would reduce the number of bicycle parking spaces required from the BMC standard 10% of the number of vehicle spaces required (note that no vehicle parking would be required per Deviation No. 8) to 10% of the number of staff parking spaces provided and 2% of the number of patient/visitor parking spaces provided. (8) BMC 38.510.030.D. Block Frontage. Deviation No. 11 would exempt all buildings and parking lots from all block frontage requirements of 38.510.030, with the exception that buildings with frontage along a public street must meet the applicable Block Frontage transparency requirements. Should this deviation be granted, (a) Buildings may be setback from the street any distance; (b) building side or rear facades may face the street but if facing a public, City-maintained street, it must meet the applicable Block Frontage transparency requirements; (c) parking may be located on all sides of a building; (d) parking structures may front on internal or frontage streets and do not have to have commercial space “lining” or “wrapping” around the façade; (e) parking along streets may exceed 50% of the street frontage; and (f) ground floor residential units would not be assured the privacy and safety standards of subsection J, Special Residential Block Frontage standards. (9) BMC 38.410.040. Block Size. Block length and width (Deviation 12 found on page 17 of Attachment A). The approved Master Site Plan for this “campus” accommodates a variety of block sizes, lengths, width and configurations. This is a single lot and the Applicant has divided the development of the campus into 7 Areas. This deviation exempts development within this single lot “block” from the BMC standards for 300 to 400 maximum length and 200 feet maximum width blocks. 6. Conformance with the community design provisions of Article 4, including transportation facilities and access, community design and element provisions, and park and recreational requirements Yes, with approval of the proposed deviations/relaxations of the P-PUD including, Block Frontage, Block Size and length, building height, parking and signage. 7. Conformance with the project design provisions of Article 5, including compatibility with, and sensitivity to, the immediate environment of the site and adjacent 22 22244; Findings of Fact for the Billings Clinic Bozeman Medical Campus Preliminary Planned Unit Development (P-PUD) application Page 13 of 22 neighborhoods and other approved development; design and arrangement of the elements of the plan; landscaping; open space; lighting, signage; Yes. This single lot campus Site is under single ownership and forms its own neighborhood. The proposed UDC deviation/relaxation that can be viewed outside of the Site would be building heights in Area D which could have heights of up to 151 feet and 8 stories as shown below. 23 22244; Findings of Fact for the Billings Clinic Bozeman Medical Campus Preliminary Planned Unit Development (P-PUD) application Page 14 of 22 8. Conformance with environmental and open space objectives set forth in Articles 4— 6, including the enhancement of the natural environment, watercourse and wetland protections and associated wildlife habitats; and 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. Pursuant to the approved Master Site Plan, the existing Catron Creek at the western edge of the Site is preserved as publicly-accessible open space with connections to the Pond Park to the south. There are not wetlands or floodplains on the Site. 9. Conformance with the natural resource protection provisions of Article 4 and Article 6 Yes as noted above. 10. Other related matters, including relevant comment from affected parties No public comment has been received to date. 24 22244; Findings of Fact for the Billings Clinic Bozeman Medical Campus Preliminary Planned Unit Development (P-PUD) application Page 15 of 22 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: a. 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 b. 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 Not applicable; this is a single lot under single ownership by the Applicant. 12. Phasing of development. This “campus” would be developed over a 10 or 20-year period, depending upon market demand for medical services and support uses, such as workforce housing. Conditional Use Permit Review Criteria, Section 38.230.110, BMC. E. In addition to the review criteria of section 38.230.100, the review authority shall, in approving a conditional use permit, determine favorably as follows: 1. That the site for the proposed use is adequate in size and topography to accommodate such use, and all yards, spaces, walls and fences, parking, loading and landscaping are adequate to properly relate such use with the land and uses in the vicinity; Yes, the 58-acre campus Site, in single ownership, is sufficient in size to meet setbacks, parking and landscaping standards and can implement the adopted Master Site Plan. 2. That the proposed use will have no material adverse effect upon the abutting property. Persons objecting to the recommendations of review bodies carry the burden of proof; No adverse impacts to abutting properties have been identified. The campus site continues commercial activity of the land to the southeast. The medical services activities of the PUD would be separated from the residential neighborhood to the southwest by parkland/pond and a watercourse. Lands to the north are industrial and include a freeway and lands to the northwest are in agricultural use but are proposed for mixed commercial and residential development, having recently been annexed into the City and zoned REMU, Residential Emphasis Mixed Use District. The 6 story building(s) allowed by the PUD deviation would produce buildings out of scale with the current surrounding lower-scale office and residential buildings to the southwest. However, this is due to the need for building height to accomplish land use efficiencies, facilitate compact development and associated reduction of sprawl, improve walkability within the campus setting, and to provide sufficient vertical integration of medical service functions within the hospital building(s). Therefore, although the building height increases would be a different scale, the location of the taller buildings in the core or center of the campus would provide visual relief from their “difference” in massing and scale. The Applicant provided a viewshed study in their 25 22244; Findings of Fact for the Billings Clinic Bozeman Medical Campus Preliminary Planned Unit Development (P-PUD) application Page 16 of 22 application. It is also noted that adjacent vacant properties can be expected to be built-out in the near-term with up to 5 story buildings permitted in their new REMU zoning. 3. That any additional conditions stated in the approval are deemed necessary to protect the public health, safety and general welfare. Such conditions may include, but are not limited to: a. Regulation of use; b. Special yards, spaces and buffers; c. Special fences, solid fences and walls; d. Surfacing of parking areas; e. Requiring street, service road or alley dedications and improvements or appropriate bonds; f. Regulation of points of vehicular ingress and egress; g. Regulation of signs; h. Requiring maintenance of the grounds; i. Regulation of noise, vibrations and odors; j. Regulation of hours for certain activities; k. Time period within which the proposed use shall be developed; l. Duration of use; m. Requiring the dedication of access rights; and n. Other such conditions as will make possible the development of the city in an orderly and efficient manner. It is anticipated that the proposed conditions and code provisions outlined in this report, the proposed UDC deviations/relaxations, and the proposed PUD design guidelines would adequately address any relevant such elements of the project. F. In addition to all other conditions, the following general requirements apply to every conditional use permit granted: 1. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure; and 2. That all of the conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the county clerk and recorder's office by the 26 22244; Findings of Fact for the Billings Clinic Bozeman Medical Campus Preliminary Planned Unit Development (P-PUD) application Page 17 of 22 property owner prior to the issuance of any building permits, final plan approval or commencement of the conditional use. The necessary recording of documents will be addressed as part of the final PUD plan process and will be required prior to approval of the final PUD. Planned Unit Development Review Criteria, Section 38.430.090.E, BMC. In addition to the criteria for all site plan and conditional use reviews, the following criteria will be used in evaluating all planned unit development applications. a. All development. All land uses within a proposed planned unit development shall be reviewed against, and comply with, the applicable objectives and criteria of the mandatory "all development" group. (1) Does the development comply with all city design standards, requirements and specifications for the following services: water supply, trails/walks/bike ways, sanitary supply, irrigation companies, fire protection, electricity, flood hazard areas, natural gas, telephone, storm drainage, cable television, and streets? Yes, except for those standards proposed for deviation/relaxation, the application conforms and in some areas exceeds standards. (2) Does the project preserve or replace existing natural vegetation? Yes. The site has been substantially disturbed by previous agricultural activities and grazing and roads and other infrastructure installation has disturbed the fallow agricultural lands. However, the far western portion of the Site has the Cattail Creek passing through it from the Pond Lake to the south to a private pond on a ranch house lot to the north. The PUD includes this Cattail Creek stream as a protected open space feature for the public to enjoy. (3) Are the elements of the site plan (e.g., buildings, circulation, open space and landscaping, etc.) designed and arranged to produce an efficient, functionally organized and cohesive planned unit development? Yes. The proposal is cohesive and has a variety of coordinating elements ranging from efficient circulation, presentations of building fronts to the streets, lot access from the rear of the lots from internal drive aisles accessed from internal streets designed to City standards, open space, trails and multiple landscape configurations. (4) Does the design and arrangement of elements of the site plan (e.g., building construction, orientation, and placement; transportation networks; selection and placement of landscape materials; and/or use of renewable energy sources; etc.) contribute to the overall reduction of energy use by the project? Yes. The 58-acre campus Site can accommodate building pad layouts which are favorable to installation of solar systems. All new public streets within the campus would be complete streets. Although this Site and the area to the north has only recently been annexed into the City and is 27 22244; Findings of Fact for the Billings Clinic Bozeman Medical Campus Preliminary Planned Unit Development (P-PUD) application Page 18 of 22 still developing, the circulation system for this campus, with pedestrian and bicycle routes, will connect to the City’s trail system to the south and the new development north of Westlake Way can connect to trails within the medical campus and beyond. (5) Are the elements of the site plan (e.g., buildings, circulation, open space and landscaping, etc.) designed and arranged to maximize the privacy by the residents of the project? If housing is developed within the Site, the UDC Special Residential Block Frontage standards for privacy and safety would apply. (6) Park land. Does the design and arrangement of buildings and open space areas contribute to the overall aesthetic quality of the site configuration, and has the area of park land or open space been provided for each proposed dwelling as required by section 38.420.020? Yes. Common and publicly-accessible open space is provided per UDC code requirements and parkland would be provided should housing be built within the campus. (7) Performance. All PUDs shall earn at least 20 performance points. Yes. PUD Section 38.430.090.E.2.a.7 requires at least 20 performance points for the subject property. There are 11 options provided in the UDC to meet this requirement. Points can be met using any combination of on-site and off-site open space or other options listed in the code. The Preliminary PUD must specify how the performance points are being met. The PUD is proposing to satisfy the performance requirements with credits for additional open space, wayfinding signage and sheltered bus stops within the Site. Open space provisions for phased PUD developments. If a project is to be built in phases, each phase shall include an appropriate share of the proposed recreational, open space, affordable housing and other site and building amenities of the entire development used to meet the requirements of Section 38.20.090.E.2. The appropriate share of the amenities for each phase shall be determined for each specific project at the time of preliminary approval and shall not be based solely upon a proportional or equal share for the entire site. This application proposes the following performance points: a. Additional Open Space—14 Performance Points. BMC 38.520.060.C requires usable open space for commercial developments at 2% of the net square footage/acreage of the Site. The 58- acre “campus”, excluding streets, parking, service areas, access and required landscaping would provide 52.4 acres of net development. Two percent of the 52.4 net acres is 1.05 acres of open space needed for the commercial development within the campus. The PUD proposes to provide 6.91 net acres of active open space within the campus, which represents 5.86 net acres of additional open space. This additional open space equals to 11.2% of the campus area. BMC 38.430.090.E.2.a.(7) grants 1.25 Performance Points for each percent of the project area that is 28 22244; Findings of Fact for the Billings Clinic Bozeman Medical Campus Preliminary Planned Unit Development (P-PUD) application Page 19 of 22 provided as publicly accessible additional open space. In this case, the 5.86 acres of additional open space, at 11.2% of the Site, earns 14 Performance Points for this PUD. b. Wayfinding signage—4 Performance Points. BMC 38.430.090.E.2.a (7) h grants Performance Points for integrated and coordinated wayfinding signs throughout the campus. The Applicant proposes such a program of wayfinding signage which earns 4 Performance Points for the PUD. Wayfinding signs throughout the campus are a critical need for patient expedited care. c. Bus Stop—2 Performance Points. The Applicant is negotiating with Streamline transit service to install two sheltered bus stops within the campus to earn 2 Performance Points pursuant to BMC 38.430.090.E.2.a.(7)(j). The locations have not yet been selected and must be selected and shown on a campus map as part of the Final PUD Plan submittal. (8) Is the development being properly integrated into development and circulation patterns of adjacent and nearby neighborhoods so that this development will not become an isolated "pad" to adjoining development? Yes. The 58-acre, single lot campus Site is intended to be a center for medical services for Bozeman and the region. It will offer open space and trails to the public and is likely to office “work force” housing within the campus. The campus will be integrated into the adjacent residential and commercial neighborhoods by extension of the street and trail networks and is not expected to become an isolated “campus”. SECTION 6 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS A) PURSUANT to Chapter 38, Divisions 38.230, 38.430, BMC, and other applicable sections of Chapter 38, BMC, public notice was given, opportunity to submit comment was provided to affected parties, and a review of the preliminary plan for the planned unit development described in this findings of fact was conducted. The Applicant presented to the City a proposed preliminary plan for a planned unit development to allow a mixed residential and commercial development with relaxations to zoning regulations requested for residential land uses, building heights, signage, block frontage standards, block size, streetlight coloring, minimum and maximum parking standards and a request for concurrent construction. Nine relaxations to City standards were proposed. The purposes of the preliminary PUD review were to consider all relevant evidence relating to public health, safety, welfare, and the other purposes of Chapter 38, BMC; to evaluate the proposal against the criteria and standards of Chapter 38 BMC; and to determine whether the P-PUD should be approved, conditionally approved, or denied. B) It appeared to the City Commission that all parties and the public wishing to examine the proposed preliminary PUD and offer comment were given the opportunity to do so. After receiving the recommendation of the relevant advisory bodies and considering all matters of record presented with the application and during the public comment period defined by Chapter 38, BMC, the City Commission has found that the proposed preliminary plan of the PUD would comply with the requirements of the Bozeman Municipal Code if certain conditions 29 22244; Findings of Fact for the Billings Clinic Bozeman Medical Campus Preliminary Planned Unit Development (P-PUD) application Page 20 of 22 were imposed. Therefore, being fully advised of all matters having come before them regarding this application, the City Commission makes the following decision. C) The preliminary PUD plan has been found to meet the criteria of Chapter 38, BMC, and is therefore approved, subject to the conditions listed in Section 3 of this report and the correction of any elements not in conformance with the standards of the Chapter including those identified in Section 4 of this report. The evidence contained in the submittal materials, advisory body review, public testimony, and this report, justify the conditions imposed on this development to ensure that the final site plan and subsequent construction complies with all applicable regulations, and all applicable criteria of Chapter 38, BMC. D) This City Commission order may be appealed by bringing an action in the Eighteenth District Court of Gallatin County. The preliminary approval of this planned unit development shall be effective for one (1) year from the date of the signed Findings of Fact and Order approval. At the end of this period the City may, at the request of the developer, grant individual extensions to its approval by the Community Development Director for a period of not more than six months at a time consistent with the requirements of Section 38.230. DATED this _______day of , 2022. BOZEMAN CITY COMMISSION _________________________________ CYNDY ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN 30 22244; Findings of Fact for the Billings Clinic Bozeman Medical Campus Preliminary Planned Unit Development (P-PUD) application Page 21 of 22 City Attorney APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The property is zoned B-2, Community Business District and is designated Regional Commercial and Service land use. Community business district (B-2). The intent of the B-2 community business district is to provide for a broad range of mutually supportive retail and service functions located in clustered areas bordered on one or more sides by limited access arterial streets. Multi-household dwellings, townhouses, and apartments are allowed as a secondary use due to their complementary nature and ability to enhance the walkability of these districts. 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. Adopted Growth Policy Designation: The property is designated as Regional Commercial and Service land use. Regionally significant developments in this land use category may be developed with physically large and economically prominent facilities requiring substantial infrastructure and location near significant transportation facilities. Due to the scale of these developments, location, and transition between lower density uses is important. Residential space should be located above the first floor to maintain land availability for necessary services. Development within this category needs well-integrated utilities, transportation, and open space networks that encourage pedestrian activity and provide ready-access within and adjacent to development. Large community scale areas in this land use category are generally 75 acres or larger and are activity centers for several surrounding square miles. These are intended to service the overall community as well as adjacent neighborhoods and are typically distributed by a one-to two-mile separation. APPENDIX C – OWNER INFORMATION AND REVIEWING STAFF Owner/Applicant: Billings Clinic Bozeman, Contact Mitch Goplen, 2800 10th Avenue North, Billings, MT, mgoplen@billingsclinic.org Representatives: BHA Design, Angela Milewski, 111 S. Meldrum St, Suite 110, Fort Collins, CO 80521, amilewski@bhadesign.com Report By: Susana Montana, Senior Planner, Development Review Division, smontana@bozeman.net APPENDIX D –PLANNED UNIT DEVELOPMENT INTENT Sec. 38.430.010. Intent. A. It is the intent of the city through the use of the planned unit development (PUD) concept, to promote maximum flexibility and innovation in the development of land and the design of development projects within the city. Specifically, with regard to the improvement and protection of the public health, safety and general welfare, it shall be the intent of this chapter to promote the city's pursuit of the following community objectives: 31 22244; Findings of Fact for the Billings Clinic Bozeman Medical Campus Preliminary Planned Unit Development (P-PUD) application Page 22 of 22 1. To ensure that future growth and development occurring within the city is in accord with the city's adopted growth policy, its specific elements, and its goals, objectives and policies; 2. To allow opportunities for innovations in land development and redevelopment so that greater opportunities for high quality housing, recreation, shopping and employment may extend to all citizens of the city area; 3. To foster the safe, efficient and economic use of land and transportation and other public facilities; 4. To ensure adequate provision of public services such as water, sewer, electricity, open space and public parks; 5. To avoid inappropriate development of lands and to provide adequate drainage, water quality and reduction of flood damage; 6. To encourage patterns of development which decrease automobile travel and encourage trip consolidation, thereby reducing traffic congestion and degradation of the existing air quality; 7. To promote the use of bicycles and walking as effective modes of transportation; 8. To reduce energy consumption and demand; 9. To minimize adverse environmental impacts of development and to protect special features of the geography; 10. To improve the design, quality and character of new development; 11. To encourage development of vacant properties within developed areas; 12. To protect existing neighborhoods from the harmful encroachment of incompatible developments; 13. To promote logical development patterns of residential, commercial, office and industrial uses that will mutually benefit the developer, the neighborhood and the community as a whole; 14. To promote the efficient use of land resources, full use of urban services, mixed uses, transportation options, and detailed and human-scale design; and 15. To meet the purposes established in section 38.01.040. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. 32 Billings Clinic Bozeman Medical Campus Preliminary Planned Unit Development Application August 2022 Prepared by: BHA Design 111 S. Meldrum St, #110 Fort Collins, CO 80521 970.223.7577 Sanderson Stewart 106 East Babcock Street, Suite L1 Bozeman, MT 59715 855.656.5225 EYP 1801 Wewatta Street, 11th Floor Denver, CO 80202 303.573.9205 33 PROJECT TEAM Applicant & Property Owner: Billings Clinic Contact: Mitch Goplen 2800 10th Avenue North Billings, MT 59101 (o) 406.657.4036 (c) 406.671.1134 mgoplen@billingsclinic.org Representative: BHA Design Angela Milewski 111 S. Meldrum St, #110 Fort Collins, CO 80521 970.223.7577 amilewski@bhadesign.com Civil Engineer: Danielle Scharf Sanderson Stewart 106 East Babcock Street, Suite L1 Bozeman, MT 59715 855.656.5255 dscharf@sandersonstewart.com Consulting Architect: Hank Burns EYP Architecture 1801 Wewatta Street, 11th Floor Denver, CO 80202 303.573.9210 kcarbonari@eypae.com PROJECT INFORMATION PROJECT LOCATION Lot 2A-1, Minor Subdivision 221F 34 TABLE OF CONTENTS Part I - PUD Information Chapter 1 - Background and Overview ..................................................................3 [1.01] Overview and History 3 [1.02] Approved Master Site Plan Graphic 4 [1.03] Property Location 5 [1.04] Zoning and Land Use 6 [1.05] Adjacent Zoning and Land Uses 6 [1.06] Utilities 7 [1.07] Physiographic Data 7 [1.08] Approved Subdivision Plat 8 Chapter 2 - Statement of Planning Objectives ..................................................................9 [2.01] Implementation of Bozeman Growth Policy 9 [2.02] PUD Objectives and Criteria Narrative 9 [2.03] Performance Points 12 [2.04] Proposed Relaxations 13 Part II - Master Plan and Development Guidelines Chapter 1 - Project Overview ........................................................................19 [1.01] Overview 19 [1.02] Intent of Development Guidelines 19 [1.03] Approved Master Site Plan Graphic 20 [1.04] Project Uses (Allowed, Anticipated) 21 [1.05] Phasing 22 [1.06] Phasing Plan 23 Chapter 2 - Site Guidelines ........................................................................25 [2.01] General Site Design Objectives 25 [2.02] Access and Connectivity 25 [2.03] General Civil Plan 26 [2.04] Building and Parking Locations 27 [2.05] Parking 27 [2.06] Open Space Network 27 [2.07] Open Space Network Diagram 28 [2.08] Site Grading and Drainage 29 [2.09] Utilities, Communication, and Refuse 29 [2.10] Grading and Drainage Plan 30 [2.11] Utility Plan 31 [2.12] Site Lighting 32 [2.13] Lighting Plan 33 Chapter 3 - Landscape Guidelines ........................................................................34 [3.01] Overview 34 [3.02] General Landscape Design Guidelines 34 [3.03] Plant Materials 35 35 [3.04] Open Space 38 [3.05] Public Art 39 [3.06] Maintenance 39 Chapter 4 - Building Design ........................................................................40 [4.01] Building Design Objectives 40 [4.02] Dimension Considerations 42 [4.03] Programmatic Considerations 46 [4.04] Building Exteriors 48 [4.05] Building Lighting 50 Chapter 5 - Signage ........................................................................51 [5.01] Wayfinding Strategy 51 [5.02] Medical Core 51 [5.03] Exterior Signage 52 [5.04] Signage Location / Wayfinding Plan 54 [5.05] Signage Permitted Upon the Issuance of a Sign Permit 54 [5.06] Signage Approval and Permitted Sign Types 58 [5.07] Signage Permit Exemptions 58 [5.08] Prohibited Signs 58 Chapter 6 - Submittal Review Requirements ........................................................................59 [6.01] Design Review Process and Requirements 59 Appendices ........................................................................60 Wetland and Waterway Delineation Report (March 26, 2015) Wetland Delineation - Western Parcel (June 2020) Geotechnical Report Letter from HRDC’s Streamline acknowledging coordination for future transit service (May 2022) 36 3Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 1 - PUD Information Chapter 1 Background & Overview [1.01] OVERVIEW AND HISTORY In 2016 Billings Clinic purchased the property near Interstate 90 with the vision of developing a full-service medical campus to serve the growing needs of Bozeman and Gallatin County. Billings Clinic worked together with the city to create a framework for this campus to support essential and allied medical services alongside complementary mixed-use, commercial, retail and residential uses. These efforts have resulted in an approved Master Site Plan, Infrastructure Plans, and construction nearly complete for the first phase. This initial phase includes a new Ambulatory Care Center (ACC) and Ambulatory Surgery Center (ASC) scheduled to open in 2022 and is designed to connect to and support future uses as the campus master plan develops over time. The Billings Clinic Bozeman Campus Concept PUD was approved on February 17, 2022 and reviewed by the Community Development Board on March 7, 2022. We are pleased now to submit the Preliminary PUD documents for the campus. Previous approvals and reviews: • Growth Policy Map Amendment (GPA) changing the designated land use of the campus to Regional Commercial and Services (completed) • Zoning Map Amendment (ZMA) requesting Community Business District (B-2) zoning for the portion of Lot 2A of Minor Subdivision 221E that had been zoned Residential Office (R-O) (completed) • Amended Plat of Tract A of Certificate of Survey No. 165A and Lot 2A of Minor Subdivision 221E, acquisition of a portion of Tract A of Certificate of Survey No. 165A (the “County Parcel”) by Billings Clinic (completed) • Master Site Plan and Infrastructure Plans (completed and approved). • Site Plan Review for Phase 1 improvements (completed, under construction) • Annexation and zoning of westerly 4.2 +/- acres, formerly owned by the Vaniman family (completed) • Concept PUD - approved February 2022, reviewed by the Community Development Board on March 7, 2022 37 Preliminary PUD Application - Billings Clinic Bozeman Medical Campus 4 [1.02] APPROVED MASTER SITE PLAN GRAPHIC 38 5Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 1 - PUD Information Figure 1. Project Vicinity Map. [1.03] PROPERTY LOCATION 39 6Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 1 - PUD Information [1.04] ZONING AND LAND USE a. Underlying Zoning: B-2 with Regional Commercial and Services designation b. Existing Uses: • Initial phase area: Medical Office, Clinics, Outpatient Surgery Center • Remaining property: Vacant [1.05] ADJACENT ZONING AND LAND USES The PUD property is Zoned B - 2. To the north of the campus is Tract A - 1 (the existing Vanniman residence), an undeveloped parcel zoned R - 5, East Valley Center Road, and Interstate 90. Across Interstate 90 is the Municipal Waste Water Treatment plant and some residential development. To the south of the site is the First Student bus depot on property owned by the Bozeman School District zoned PLI. This property is intended for the construction of a public school. Also to the south of the campus is the Cattail Lake residential subdivision and Cattail Lake Public Park. These properties are zoned R-4. Further south there is a mix of single and multi-family residential and commercial uses including the Costco and Target stores. These properties carry a mix of R-1, R-2, B-1, and B-3 zoning. Davis Lane borders the west side of the campus and across it is land in Gallatin County that is in agricultural use. The map below depicts surrounding zoning districts. Figure 2. Adjacent Land Use. 40 7Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 1 - PUD Information [1.06] UTILITIES A 12-inch water main runs in the right-of-way of North 27th Avenue, extending to the southeast corner of the campus. Water is provided to the campus from this main with a combination of 12-inch and 16-inch water mains and currently extends to connect with the existing 12-inch main in Davis Lane. When future phases are built within the campus, the water main within Wellness Way will be extended south within Warbler Way once that road is constructed. The line will then loop to the east to connect with North 27th Avenue. The Municipal Wastewater Treatment plant is located across Interstate 90 to the north. Sanitary sewer is proposed to flow off-site within Wellness Way and Warbler Way to a gravity main in Davis Lane that flows to the Davis Lane Lift Station and then to the treatment plant. See the utility plan for the current and proposed utilities. Figure 3. Existing and Proposed Utilities. Communications and other “dry” utilities will be provided underground in easements outside the public right-of-way within the campus. Refuse pickup will be supported by the City of Bozeman. Trash enclosures will be designed to City of Bozeman standards with each phase of new building construction. [1.07] PHYSIOGRAPHIC DATA Wetland Reports and Preliminary Geotechical Reports are included as Appendices 41 Preliminary PUD Application - Billings Clinic Bozeman Medical Campus 8 [1.08] APPROVED SUBDIVISION PLAT 42 9Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 1 - PUD Information Chapter 2 Statement of Planning Objectives [2.01] IMPLEMENTATION OF BOZEMAN GROWTH POLICY The Billings Clinic Bozeman Medical Campus PUD supports objectives within the Bozeman 2020 Community Plan: Resiliency: The vision for the campus is to provide a pedestrian-friendly destination medical campus with character unique to Bozeman and with the flexibility to adapt to the changing needs of healthcare. The PUD structure allows for development to occur over time - adapting to the needs of the community while protecting and honoring the natural and cultural resources within and near the property. City’s Complementary Districts: The Billings Clinic Bozeman Medical Campus PUD provides a framework to support the needs of the community and of the growing Baxter/Cattail District. It creates a gateway along I-90 north of existing neighborhoods and helps to extend multi-modal networks and open space/trail connections through the district, and provides missing utility and transportation infrastructure for the area. Natural Systems: The Billings Clinic Bozeman Medical Campus PUD requires protection of the adjacent natural wetland systems along Cattail Lake, provides active open space areas, and extends regional trail system connections through the campus. Accessibility and Mobility: As a medical campus, accessibility and safety is a key focus of our building, site and campus design. At the building scale, ease of access for all mobilities, covered drop-off areas, and convenient walk distances are fundamental tenets to help Billings Clinic provide excellent patient care and meet the unique requirements for medical facilities. At the campus scale, clear wayfinding, transit services, and multi-modal connections provide for a safe and efficient campus for patients, visitors and staff. Economy: The Billings Clinic Bozeman Medical Campus PUD supports the Regional Commercial Services designation by providing a key employment center along I-90 supporting the growing need for healthcare in the region. Regional Coordination: The Billings Clinic Bozeman Medical Campus PUD supports applicable regional plans and planned development patterns, and provides key infrastructure connections in the northwest portion of the Bozeman community. [2.02] PUD OBJECTIVES AND CRITERIA NARRATIVE A. PUD Information and Intent The intent of the Planned Unit Development (PUD) concept (Sec. 38.430.010.A) is to ‘promote maximum flexibility and innovation in the development of land and the design of projects…’. The Billings Clinic Bozeman Medical Campus PUD promotes each of the community objectives outlined in this section by • providing a master plan and development guidelines that supports and ensures future growth in accordance with the Bozeman 2020 Community Plan, • allowing opportunities in innovations for the changing growing and changing needs for healthcare in the Bozeman community, • fostering safe, efficient and economic use of land, transportation and other public facilities 43 10Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 1 - PUD Information (by allowing increased building heights as will be needed for healthcare uses, and providing needed transportation and utility connections in the project area), • ensuring adequate provision of public utilities, open space and parks (by providing utility infrastructure connections and increased open space), • avoiding inappropriate development of lands (by providing for adequate storm drainage infrastructure and protecting the nearby 100- yr floodplain and adjacent wetlands), • encouraging patterns of development which decrease auto travel and encourage trip consolidation (by creating a campus of medical and allied services reducing the number of trips for patients receiving care) • promoting the use of bicycles and walking as effective modes of transportation (the campus provides for connected buildings with distributed parking, small walkable blocks, pedestrian connections and regional bike trail connections) • reducing energy consumption and demand (through development standards requiring LED site lighting and by allowing for a campus of connect medical and allied services supporting efficient use of medical resources and reducing the number of trips for patients receiving care) • protecting the site’s natural resources and special features • creating a high-quality design character through the use of Development Guidelines for the campus, • creating a compatible development fitting the character of the area and the vision for the I-90 area, • providing a logical and compatible master planned campus, • promoting the efficient use of land resources with Development Guidelines that allow for a mix of uses • protecting the public health, safety and general welfare within the applicable charters, regulations and growth policies B. Compliance with PUD Design Objectives (Sec38.430.090.E.) 1. Does the development comply with all city design standards, requirements and specifications for the following services: water supply, trails/walks/bike ways, sanitary supply, irrigation companies, fire protection, electricity, flood hazard areas, natural gas, telephone, storm drainage, cable television, and streets? All services within the PUD conform to the current building codes adopted by the City of Bozeman building department. Streets, curb and gutters have been designed to meet the City Design Standards. Trails, walks and bikeways meet the City’s requirements. Future phases of development are planned to comply with these requirements. 2. Does the project preserve or replace existing natural vegetation? Natural vegetation within the PUD area is limited to trees and shrubs along the Cattail Creek drainage. The PUD preserves these areas of vegetation within the wetland boundary and wetland buffer areas. 44 11Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 1 - PUD Information 3. Are the elements of the site plan (e.g., buildings, circulation, open space and landscaping, etc.) designed and arranged to produce an efficient, functionally organized and cohesive planned unit development? While the final land uses and building/site configurations of the development phases over time are not yet known, the approved Master Site Plan outlines the vision for a cohesive PUD that allows for safe and efficient circulation while meeting the unique needs of larger medical facilities and supporting uses. 4. Does the design and arrangement of elements of the site plan (e.g., building construction, orientation, and placement; transportation networks; selection and placement of landscape materials; and/or use of renewable energy sources; etc.) contribute to the overall reduction of energy use by the project? The Master Site Plan and the PUD provide for a connected, walkable, campus to allow for flexibility in the design and arrangement of buildings to support reduction of vehicle trips once the campus destination is reached. The Development Guidelines encourage energy reduction measures by: • Building design encouraging passive solar techniques • Use of xeriscape practices for irrigated landscape areas, and use of low- or non- irrigated seed areas in perimeter areas with less public use to reduce irrigation demand for the campus. Use of well water for landscape irrigation where possible to reduce demand on the City’s treated potable water system. All buildings will conform to the current City of Bozeman energy conservation codes. 5. Are the elements of the site plan (e.g., buildings, circulation, open space and landscaping, etc.) designed and arranged to maximize the privacy of residents of the project? There are no residential uses immediately adjacent to or included within the project at this time, but the Master Site Plan allows for arrangement of site elements to maximize privacy of any future residential uses if developed within the PUD area. 6. Parkland. Does the design and arrangement of buildings and open space areas contribute to the overall aesthetic quality of the site configuration, and has the area of parkland or open space been provided for each proposed dwelling as required by section 38.420.020? The PUD allows for but does not include any dwelling units, but parkland requirements can be met within the structure of the PUD if residential uses are proposed in the future. C. Proposed Ownership The PUD property is owned by and will be developed by Billings Clinic. It is the intent of Billings Clinic to improve the site as proposed in the Billings Clinic Bozeman Medical Campus PUD plans. Future phases of the property may be developed in partnership with other entities or sold to users who will improve those lots for their respective uses as defined in the PUD and based on the Master Site Plan and Development Guidelines. 45 12Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 1 - PUD Information D. Employee Data Estimated between 500 and 1,000 employees depending on the final build-out of the 20-year plan vision. [2.03] PERFORMANCE POINTS All PUDs must earn at least 20 performance points. The following PUD performance points are met (20 total points): (b) Additional open space – 14 points The PUD requires 5.86 acres of additional Active Open Space area (11.2% additional). See Part II - Section [3.05] (h) Integrated and coordinated way-finding measures – 4 points See Chapter 5 for Wayfinding Sign plans and sign design guidelines (j) Public transportation bus station or enhanced covered bus stop (one point per station or enhanced stop) – 2 points Billings Clinic is coordinating with the Director of the HRDC Streamline transit program regarding future planned routes in the area. The 2021 Transit Development Plan indicates a planned Route F in this area, and they also anticipate that a route along Davis Lane may be needed in the future. Billings Clinic is committed to support the planned HRDC routes in this area by providing two or more enhanced covered bus stops within the PUD area with final locations to be determined in partnership with the HRDC. 46 13Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 1 - PUD Information [2.04] PROPOSED RELAXATIONS The following lists twelve relaxations of the City of Bozeman UDC requirements for the underlying zoning classification at the Billings Clinic Bozeman Medical Campus. Relaxation 1: Additional Residential Uses to allow for potential opportunities or partnerships for housing. Table 38.310.040.C restricting ground floor residential as a Conditional Use and other types of residential uses not permitted. ‘Hospital’ use is not identified as a use. This relaxation will allow: • Additional housing types (Cottage housing, single, two, three, and four household dwellings as Permitted Uses) • Will allow all types of residential uses including ground floor residential • Clarifies ‘Hospital’ as a Permitted Use Justification: By allowing additional housing types that are restricted or not otherwise permitted in the B-2 zone district, the PUD provides more opportunity to support a variety of housing types as part of the planned medical campus than is otherwise allowed. Relaxation 2: Increased building height to allow for the flexibility for multi-story flat- roof buildings to support a walkable medical campus. Table 38.320.050 limits building height of buildings with roof pitch <3:12 to 75’ within areas designated as Regional Commercial and Services growth areas. Multi-story medical facilities are typically flat-roofed and have a taller floor-to-floor height than other building types. This relaxation will allow: • 8 story buildings (or 151’ height , whichever is greater) in Zones B and D, and • 6 story buildings (or 104’ height, whichever is greater) in Zones A, C and G Remaining Zones not indicated above will be governed by the current B-2 zoning requirements. Justification: Allowing the flexibility for taller building heights in specified portions of the campus provides a superior development over the UDC standard by: • supporting the flexibility to provide multi- story medical facilities that may require taller floor-to-floor heights, and • identifying the locations within the campus for lower and higher building heights based on land use. Relaxation 3: Establish specific signage allowances based on the defined wayfinding plans instead of by lot. Table 38.560.060 limits total signage maximum area to 400 sq. ft. per lot This relaxation will increase the sign allowance for the PUD area to be regulated by sign type and use type throughout the campus as defined in the wayfinding sign guidelines in Chapter 5 of the Master Plan and Development Guidelines Justification: Medical campus wayfinding signage are designed to assist patient and visitors to quickly locate their destination. Medical structure signage needs to be visible from major roadways surrounding the campus and needs to be sized for long distance viewing. Hospitals and medical service structures will typically need signage on 3-4 sides to maximize visibility, which helps consumers find the facility. The current UDC standard limits total signage area to 400 sq. ft. per lot. As a 38-acre medical campus, this allowance would not be sufficient to provide the 47 14Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 1 - PUD Information quantity and size of building signs needed to identify medical structures providing emergency, urgent care, and other medical services as well as providing vehicular directional signage that would help consumers find the correct entry and service. By providing a relaxation for larger signs for medical use structures, patients and visitors will be able to find urgent care and emergency services more quickly, especially from the interstate and secondary perimeter roads, and enhancing this campus as a community asset. Relaxation 4: Increase Monument Sign maximum size to improve campus identification and navigation to medical buildings from the interstate and surrounding area. Table 38.560.060 limits Monument sign maximum height to 5’-0” and sign face area to 32 sq. ft. This relaxation will allow up to 20’ height and 175 sq. ft. in sign area for Medical Campus Monument Signage Justification: Medical campus wayfinding signage are designed to assist patient and visitors to quickly locate their destination. Medical structure signage needs to be visible from major roadways surrounding the campus and needs to be sized for long distance viewing. Hospitals and medical service structures will typically need signage on 3-4 sides to maximize visibility, which helps consumers find the facility. The current UDC standard limits total signage area to 400 sq. ft. per lot. As a 38-acre medical campus, this allowance would not be sufficient to provide the quantity and size of building signs needed to identify medical structures providing emergency, urgent care, and other medical services as well as providing vehicular directional signage that would help consumers find the correct entry and service. By providing a relaxation for larger signs for medical use structures, patients and visitors will be able to find urgent care and emergency services more quickly, especially from the interstate and secondary perimeter roads, and enhancing this campus as a community asset. Relaxation 5: Increase Monument Sign maximum height for non-medical buildings to support a vibrant mix of businesses and uses on the medical campus. Table 38.560.060 limits Monument sign maximum height to 5’-0”. This relaxation will allow up to 8’ height for non-medical buildings Justification: The wayfinding sign system provides visual continuity throughout the campus for both medical and non-medical uses. Increasing the maximum height of these non-medical signs allows for all signs to support the overall sign system better than the UDC standard. Relaxation 6: Increase wayfinding signage height and quantity to improve visibility, durability, and navigation throughout the medical campus. Section 38.560.070 limits wayfinding signage to 7’ height (inclusive of the support base) and quantity to one wayfinding sign per block face. This relaxation will allow up to 9’ height with 2’ high masonry base and 100 ft. separation between wayfinding signs Justification: Medical campus wayfinding signage are designed to assist patient and visitors to quickly locate their destination. Medical structure signage needs to be visible from major roadways surrounding the campus and needs to be sized for long distance viewing. Hospitals and medical service structures will typically need signage on 3-4 sides to maximize visibility, which helps consumers find the facility. The current UDC standard limits total signage area to 400 sq. 48 15Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 1 - PUD Information ft. per lot. As a 38-acre medical campus, this allowance would not be sufficient to provide the quantity and size of building signs needed to identify medical structures providing emergency, urgent care, and other medical services as well as providing vehicular directional signage that would help consumers find the correct entry and service. By providing a relaxation for larger signs for medical use structures, patients and visitors will be able to find urgent care and emergency services more quickly, especially from the interstate and secondary perimeter roads, and enhancing this campus as a community asset. Relaxation 7: Campus Style Streetlights The City of Bozeman Design Standards and Specifications Policy outlines Standard Specifications for Lighting Materials and Installation. In order to support the campus design, we were allowed to use black street light poles in Phase I. We would like to continue the use of black street light poles to support a consistent campus design. This relaxation would allow the use of black street light poles within the Billings Clinic PUD area. Jusification: Since black street light poles have already been allowed in the PUD area, this relaxation supports a consistent campus design better than the current standard. Relaxation 8: Parking Quantities Table 38.540.050-3 and Sec. 38.540.050 establish minimum and maximum Off-Street Parking requirements based on building use. However, there are only two types of medical-related uses identified, Hospitals and Medical and Dental Offices. In order to support the various types of medical services that Billings Clinic plans to offer in the campus, and to allow for the ability to creatively use shared parking for varying uses within the campus, we would like to allow each building phase to identify the parking quantities based on actual need and use. This relaxation will allow for the off-street parking quantities to be determined based on the planned building use. A parking needs assessment will be provided with the Site Plan Review for each building phase to determine the off-street parking to be provided. Justification: Since the UDC parking standards has limited medical-related uses identified and this campus is likely to include many types of medical uses, allowing the parking requirements to be right- sized based on building use would result in a superior development over the UDC standard. Relaxation 9: Parking Structure 1st floor use Sec. 38.510.030.M requires that parking garages that front streets must line the parking garage at the street level with an active use, and to provide a lining of retail, office, or residential use at the street level along the entire street frontage. The approved Master Site Plan indicates potential locations for structured parking intended to serve the higher intensity medical uses planned for the campus. Providing a retail, office, or residential use not associated with the medical uses may not be feasible to support the needs of the medical facilities. We would like to allow parking structures to be exempt from this standard when supporting a medical use. This relaxation will allow parking structures that front streets and support medical uses to be developed without lining the structure with retail, office or residential uses. Justification: The campus plan envisions structured parking intended to serve the higher intensity medical uses. Providing a retail, office, or residential use not associated with the medical uses may not 49 16Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 1 - PUD Information be feasible to support the needs of the medical facilities. Allowing parking structures to be exempt from from this standard when supporting a medical use better supports the development of a medical campus than the UDC standard. Relaxation 10: Bicycle Parking Quantities Sec. 38.540.050.A.4 requires the number of bicycle parking spaces must be at least ten percent of the number of the automobile parking stall required by the Unified Development Code. We would like to provide a more tailored requirement for medical uses within the campus relevant to these building and land uses. This relaxation will allow reduced bicycle parking requirements for medical uses within the PUD area that provide separate staff and visitor parking areas on their development site. For these projects, the minimum required bicycle parking spaces for the number of automobile parking stalls shall be: • 10% of the number of staff parking stalls, and • 2% of the number of patient/visitor parking stalls Justification: The relaxation provides a more tailored requirement for bicycle parking based on the medical uses, staff, patients and visitors than the UDC provides. Relaxation 11: Block Frontage Sec. 38.510.030 requires block frontage standards addressing streetfront elements including building location, parking lot location, window transparency, weather protection and landscaping. The Billings Clinic Medical Campus consists of a single lot. This 58-acre lot is planned for multiple phases of development and is envisioned with the Approved Master Site Plan. This code section generally relates to development of individual buildings on individual lots and did not envision the development of a large medical campus. This plan indicates likely locations for future Public Streets and Private Drives where Mixed-Use Block Frontage will apply if land uses with smaller, individual buildings may be proposed. However, in Areas C and D larger medical facilities are anticipated. These uses are also allowed in all areas within the PUD. These facilities have specific requirements and needs to support these services including: • Larger, physically connected buildings to support integrated care • Patient entrances to buildings that must be set back from the street to allow for required covered drop-offs and nearby accessible parking to accommodate patients with varying mobility • Intentional separation of patient/visitor/staff/ service/emergency uses, access and parking for staff and patient safety • Parking distributed around all sides of buildings to access the above multiple building entrances for clear and direct patient access This relaxation will allow building and parking locations within the PUD to be located based on the needs for the buildings and to be exempt from the requirements of Sec 38.510.030. As was achieved in the initial phase, private access drives to building entrances will incorporate characteristics of a pedestrian-oriented street (including weather protection, façade transparency, wider sidewalks) where feasible but the unique medical requirements for buildings in these areas will prevail. Where adjacent to Public Streets, building facade transparency will meet requirements of Section 38.510.030 of the Bozeman Municipal Code, except where the uses within these portions of the building require solid walls for 50 17Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 1 - PUD Information safety, privacy, or medical functions. These areas where vision glass is not possible will be exempt from the facade transparency requirements, but will incorporate landscape planting beds with evergreen plant materials to buffer and add visual interest at a pedestrian scale to mitigate impacts of blank walls. Justification: This relaxation provides superior development of a medical campus than the UDC as it better supports the development of medical uses within the campus which are likely to include: • larger, physically connected buildings, • covered patient drop-off zones with close in accessible parking, and • separation of patient/visitor/staff/service/ emergency access and parking for staff and patient safety. Relaxation 12: Block Length and Width Sec 38.410.040 requires blocks 300-400 feet in length and 200 feet in width. Based on the requirements described above for larger medical facilities and as indicated on the Approved Master Site Plan, larger block areas will be allowed within the PUD to support the ability to create a connected campus of buildings. This relaxation will allow for larger parcels within the PUD campus area to support flexibility to provide larger, connected medical facilities. As such the PUD shall be exempt from the requirements of Sec 38.410.040 and will be based on the approved infrastructure plans for the campus. Justification: These larger block areas indicated in the Master Site Plan better support the ability to provide a connected campus of buildings than the UDC standard. 51 PART II Master Plan and Development Guidelines 52 19Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 2 - Master Plan and Development Guidelines Chapter 1 Project Overview [1.01] OVERVIEW The Billings Clinic Bozeman Medical Campus will provide for essential and allied medical services while incorporating complementary mixed-use commercial, retail, and residential programming to honor the city’s motto of being “the most livable place.” It will be designed as a pedestrian-friendly mixed-use campus with a healthcare focus. Key design features prioritize safety, wayfinding, accessibility, walkability, and connections to public transportation. Open space networks will provide access to natural features and trail connections envisioned in Bozeman’s Parks, Recreation, Open Space and Trails Plan will extend through the campus providing key connections and access to the greater Gallatin Valley trail system. Billings Clinic’s Guiding Principles will direct the design of medical services within the campus to provide the community with high-quality and compassion healthcare. These principles include: • Design for Safety • Design for Clinical Excellence • Design for Patient / Staff / Physician Experience • Design for Integrated Delivery • Design for Strategic Innovation and Growth • Design for Stewardship [1.02] INTENT OF DEVELOPMENT GUIDELINES In addition to the Ambulatory Care Center and Ambulatory Surgery Center buildings, currently under construction, there are planned expansions and new facilities illustrated conceptually in the approved Master Site Plan. The intent of these guidelines is to establish a framework upon which new development may be based to create a cohesive medical campus. The intent of these guidelines is not to propose final design solutions, rather it is to establish a basis for creating buildings and site development that respond to the vision set forth by Billings Clinic Bozeman Medical Campus PUD. 53 Preliminary PUD Application - Billings Clinic Bozeman Medical Campus 20 [1.03] APPROVED MASTER SITE PLAN GRAPHIC 54 21Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 2 - Master Plan and Development Guidelines [1.04] PROJECT USES (ALLOWED, ANTICIPATED) Permitted Uses The development is envisioned as a pedestrian- friendly mixed-use campus with a healthcare focus. It will provide a mix of uses to allow for nearby services and housing to support the needs of staff, patients and families. The Bozeman Growth Policy identifies the future land use of the Billings Clinic Bozeman Medical Campus as Regional Commercial and Services. Defined as an area for uses providing services to Bozeman, as well as the surrounding region, this land use is consistent with uses allowed under the B-2 Zoning designation. To support the development as a medical campus and to allow for potential opportunities for housing, the following additional uses will be permitted: • Cottage housing (in Areas A, B, F, and G) • Single, two, three and four household dwellings (in Areas A, B, F, and G) • Ground floor residential (in all Areas) • Hospitals, Labs, Medical Office, Outpatient Surgery Centers (in all Areas) All uses allowed or conditionally allowed under B-2 zoning will be allowed or conditionally allowed in the Billings Clinic Bozeman Medical Campus PUD. This includes B-2 zoning at the time of approval and any expanded B-2 uses that are approved by the City of Bozeman. Project Areas Diagram 55 22Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 2 - Master Plan and Development Guidelines Anticipated Uses The Billings Clinic Bozeman Medical Campus anticipates a twenty-year phased development, so final land uses have not yet been determined. While initial phases will likely focus on medical uses to respond to current Bozeman community needs, other supporting uses are anticipated to follow in later phases over time based on market demands. The initial phase within Zone C, approved in 2020 and scheduled to open in 2022 includes an Ambulatory Destination Center including medical office, urgent care and an outpatient surgery center. The next phases anticipated will further develop medical uses within the campus with expanded ambulatory and medical facilities anticipated primarily, but not limited to, Zone D. [1.05] PHASING The Billings Clinic medical campus is planned to be developed over the next twenty years. The first phase of development includes a new 130,000 square foot Ambulatory Destination Center on approximately eight acres, including a three-story building housing a multi-specialty physician group practice, urgent care, and an adjacent one-story outpatient surgery center. Construction of these buildings is in progress with an anticipated completion in fall of 2022. In conjunction with the development of Phase 1, infrastructure improvements including internal public streets, and water and sewer mains were completed in the spring of 2022 with final closeout scheduled to occur in summer/ fall of 2022. The public development to-date provides roadway access and access to public utilities for the existing structures as well as future construction, but additional public streets, water, and sewer mains will be required as additional phases of the project are proposed. Since the sequencing of future phases is unknown and will be based on market demands, we are instead identifying infrastructure that will be required for each development area within the campus. The Phasing Plans identifies the main zones of the campus and estimate which public roadways and utilities will be required as part of the development. Future construction will further develop the medical campus with ambulatory and inpatient facilities and associated ancillary medical uses. Billings Clinic is dedicated to the future of this campus and will provide the necessary public roadways and utilities necessary to support the future development phases. 56 Preliminary PUD Application - Billings Clinic Bozeman Medical Campus 23 Legend Existing Development Development Area Infrastructure Required [1.06] PHASING PLANS 57 Preliminary PUD Application - Billings Clinic Bozeman Medical Campus 24 Legend Existing Development Development Area Infrastructure Required 58 25Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 2 - Master Plan and Development Guidelines Chapter 2 Site Guidelines [2.01] GENERAL SITE DESIGN OBJECTIVES 1. Site Design for the Billings Clinic Bozeman Medical Campus will provide: • Clear and consistent wayfinding for patients and visitors • Necessary emergency vehicle access • Separation of patient/visitor, staff, emergency access and parking where possible • Efficient and appropriately sized vehicle circulation and parking • Safe and inviting pedestrian connections • Safe and efficient site lighting 2. Design should be based on the functions and requirements of the planned buildings. 3. All public areas and buildings shall be accessible per current ADA guidelines. [2.02] ACCESS AND CONNECTIVITY The Master Site Plan and approved Infrastructure Plans outline the complete road connectivity planned for the campus. Primary entry points are from approved access points in each of the four directions: East Valley Center Road on the north, North 27th Avenue on the east, Warbler Way on the south, and Davis Lane on the west. A public street is also indicated along the south property boundary between Warbler Way and North 27th Avenue along the alignment of Honor Lane. One-half of the right-of-way will be dedicated providing local street access along this boundary. 59 Preliminary PUD Application - Billings Clinic Bozeman Medical Campus 26 0 100 SCALE: 1" = 100' 20050100 PRELIMINARY PUD REVIEWNORTH FILE:PROJECT NO:CAD:QUALITY ASSURANCE:DRAWING HISTORYDATE DESCRIPTIONGENERAL CIVIL PLANBILLINGS CLINIC BOZEMAN CAMPUSLOT 2A-1, MINOR SUBDIVISION 221FBOZEMAN, MONTANA2.1 -15063_10_SITE_PLAN.DWGLMH----------------15063.10GENERAL NOTES: -ALL IMPROVEMENTS SHALL BE PERFORMED IN ACCORDANCE WITH MONTANA PUBLIC WORKS STANDARD SPECIFICATIONS 6TH EDITION, APRIL, 2010, AND THE CITY OF BOZEMAN STANDARD MODIFICATIONS, DATED MARCH 31, 2011 WITH ADDENDUM. -ANY EXISTING OR NEW VALVES WHICH CONTROL THE CITY OF BOZEMAN'S WATER SUPPLY SHALL BE OPERATED BY CITY OF BOZEMAN PERSONNEL ONLY. -CONTRACTOR SHALL FIELD VERIFY AND GRADE OF EXISTING CONNECTIONS. -THE CONTRACTOR SHALL NOTIFY THE WATER DEPARTMENT A MINIMUM OF 24-HOURS PRIOR TO BEGINNING ANY WORK. -EXISTING UNDERGROUND INSTALLATIONS & PRIVATE UTILITIES SHOWN ARE INDICATED ACCORDING TO THE BEST INFORMATION AVAILABLE TO THE ENGINEER. THE ENGINEER DOES NOT GUARANTEE THE ACCURACY OF SUCH INFORMATION. SERVICE LINES (WATER,POWER, GAS, STORM, SEWER, TELEPHONE & TELEVISION) MAY NOT BE STRAIGHT LINES OR AS INDICATED ON THE PLANS. STATE LAW REQUIRES CONTRACTOR TO CALL ALL UTILITY COMPANIES BEFORE EXCAVATION FOR EXACT LOCATIONS. -UNLESS OTHERWISE SPECIFIED, ALL CONSTRUCTION LAYOUT AND STAKING SHALL BE PERFORMED UNDER THE RESPONSIBLE CHARGE OF A LAND SURVEYOR LICENSED IN THE STATE OF MONTANA AND BY A PARTY CHIEF OR ENGINEERING TECHNICIAN EXPERIENCED INCONSTRUCTION LAYOUT AND STAKING TECHNIQUES AS ARE REQUIRED BY THE SPECIFIC TYPE OF WORK BEING PERFORMED.P:\15063_10_Billings_Clinic_Bozeman_PUD\CADD_C3D\PRODUCTION_DWG\15063_10_SITE_PLAN.dwg, C2.1, 5/13/2022 10:10:23, lhendricks, 1:1[2.03] GENERAL CIVIL PLAN 60 27Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 2 - Master Plan and Development Guidelines [2.04] BUILDING AND PARKING LOCATIONS Conceptual locations for buildings, parking, and circulation are indicated on the Master Site Plan. Covered patient drop-off areas are indicated at visitor entrances to medical buildings. Emergency services, access to service and loading areas, and staff parking areas are separated from visitor parking areas. In the mixed-use zones, a more traditional building and block pattern is anticipated with parking areas to the rear and side of street-facing buildings. [2.05] PARKING The intent of this section is to provide an adequate number of parking spaces to serve the building uses within the PUD area without creating negative impacts on nearby neighborhoods. In order to support the various types of medical services that Billings Clinic plans to offer in the campus, and to allow for the ability to creatively use shared parking for varying uses within the campus, each building phase shall be allowed to identify their parking quantities (if different than BMC Sec. 38.540.050 parking quantity requirements) based on actual building need and use. A parking needs assessment will be provided with the Site Plan Review for each building phase to determine the off-street parking to be provided. B-2 Zoning allows for both surface parking lots and structures for vehicular parking. It is important with medical uses to have accessible parking and drop-off areas located as close to primary building entrances as possible. To achieve this a variety of parking solutions may be needed. Detailed parking configurations will be developed with each building phase. Parking options may include: • Surface parking lots • Structured parking • On-street parking Design of off-street parking areas shall include considerations for snow removal and snow storage. [2.06] OPEN SPACE NETWORK This PUD supports the 2007 PROST plan and envisions connecting to this regional system. Open space areas will connect to the adjacent Cattail Lake Park and open space network to the south of the campus. Active open space areas shall be incorporated into the site design for each phase based on the Open Space Diagram. 61 Preliminary PUD Application - Billings Clinic Bozeman Medical Campus 28 [2.07] OPEN SPACE NETWORK DIAGRAM 62 29Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 2 - Master Plan and Development Guidelines [2.08] SITE GRADING AND DRAINAGE The west and east portions of the site drain in different directions. The western half of the site generally slopes to the northwest and the eastern half of the site generally slopes to the northeast. The drainage for the infrastructure that has currently been constructed has been managed in accordance with the City of Bozeman requirements. It generally consists of storm drain pipe and a combination of surface ponds and sub-surface boulder pit systems. Future phases will continue to be managed in accordance with the City of Bozeman requirements and is planned to be discharged to historic drainage ways at or below predeveloped flowrates. [2.09] UTILITIES, COMMUNICATION, AND REFUSE A 12-inch water main runs in the right-of-way of North 27th Avenue, extending to the southeast corner of the campus. Water is provided to the campus from this main with a combination of 12-inch and 16-inch water mains and currently extends to connect with the existing 12-inch main in Davis Lane. When future phases are built within the campus, the water main within Wellness Way will be extended south within Warbler Way once that road is constructed. The line will then loop to the east to connect with North 27th Avenue. The Municipal Wastewater Treatment plant is located across Interstate 90 to the north. Sanitary sewer is proposed to flow off-site within Wellness Way and Warbler Way to a gravity main in Davis Lane that flows to the Davis Lane Lift Station and then to the treatment plant. See the utility plan for the current and proposed utilities. Communications and other “dry” utilities will be provided underground in easements outside the public right-of-way within the campus. Refuse pickup will be supported by the City of Bozeman. Trash enclosures will be designed to City of Bozeman standards with each phase of new building construction. 63 Preliminary PUD Application - Billings Clinic Bozeman Medical Campus 30 [2.10] GRADING AND DRAINAGE PRELIMINARY PUD REVIEWNORTH FILE:PROJECT NO:CAD:QUALITY ASSURANCE:DRAWING HISTORYDATE DESCRIPTIONTOWNSHIP 1 S., RANGE 5 E., SECTION 26, P.M.M.GRADING AND DRAINAGEBILLINGS CLINIC BOZEMAN CAMPUSLOT 2A-1, MINOR SUBDIVISION 221FBOZEMAN, MONTANA4.1 -15063_10_DRAINAGE.DWGLMH----------------15063.100 100 SCALE: 1" = 100' 20050100 P:\15063_10_Billings_Clinic_Bozeman_PUD\CADD_C3D\PRODUCTION_DWG\15063_10_DRAINAGE.dwg, C4.1, 5/13/2022 10:13:14, lhendricks, 1:164 Preliminary PUD Application - Billings Clinic Bozeman Medical Campus 31 [2.11] UTILITY PLAN 0 100 SCALE: 1" = 100' 20050100 PRELIMINARY PUD REVIEWNORTH FILE:PROJECT NO:CAD:QUALITY ASSURANCE:DRAWING HISTORYDATE DESCRIPTIONUTILITY PLANBILLINGS CLINIC BOZEMAN CAMPUSLOT 2A-1, MINOR SUBDIVISION 221FBOZEMAN, MONTANA3.1 -15063_10_UTILITY_PLAN.DWGLMH----------------15063.10GENERAL NOTES: -ALL IMPROVEMENTS SHALL BE PERFORMED IN ACCORDANCE WITH MONTANA PUBLIC WORKS STANDARD SPECIFICATIONS 6TH EDITION, APRIL, 2010, AND THE CITY OF BOZEMANSTANDARD MODIFICATIONS, DATED MARCH 31, 2011 WITH ADDENDUM. -ANY EXISTING OR NEW VALVES WHICH CONTROL THE CITY OF BOZEMAN'S WATER SUPPLY SHALL BE OPERATED BY CITY OF BOZEMAN PERSONNEL ONLY. -CONTRACTOR SHALL FIELD VERIFY AND GRADE OF EXISTING CONNECTIONS. -THE CONTRACTOR SHALL NOTIFY THE WATER DEPARTMENT A MINIMUM OF 24-HOURS PRIOR TO BEGINNING ANY WORK. -EXISTING UNDERGROUND INSTALLATIONS & PRIVATE UTILITIES SHOWN ARE INDICATED ACCORDING TO THE BEST INFORMATION AVAILABLE TO THE ENGINEER. THE ENGINEERDOES NOT GUARANTEE THE ACCURACY OF SUCH INFORMATION. SERVICE LINES (WATER, POWER, GAS, STORM, SEWER, TELEPHONE & TELEVISION) MAY NOT BE STRAIGHT LINESOR AS INDICATED ON THE PLANS. STATE LAW REQUIRES CONTRACTOR TO CALL ALL UTILITY COMPANIES BEFORE EXCAVATION FOR EXACT LOCATIONS. -UNLESS OTHERWISE SPECIFIED, ALL CONSTRUCTION LAYOUT AND STAKING SHALL BE PERFORMED UNDER THE RESPONSIBLE CHARGE OF A LAND SURVEYOR LICENSED IN THESTATE OF MONTANA AND BY A PARTY CHIEF OR ENGINEERING TECHNICIAN EXPERIENCED IN CONSTRUCTION LAYOUT AND STAKING TECHNIQUES AS ARE REQUIRED BY THESPECIFIC TYPE OF WORK BEING PERFORMED. NOTE: PIPE TYPES EXISTING WATER MAIN IS CLASS 51, DUCTILE IRONFUTURE WATER MAIN SHALL BE CLASS 51, DUCTILE IRON EXISTING SANITARY SEWER MAIN IS SDR 35, PVCFUTURE WATER MAIN SHALL BE SDR 35, PVC EXISTING STORM DRAIN MAIN WITHIN PUBLIC STREET EASEMENT IS RCPFUTURE STORM DRAIN MAIN WITHIN PUBLIC STREET EASEMENT SHALL BE RCP EXISTING STORM DRAIN ON SITE DEVELOPMENT IS A-2000 PVC P:\15063_10_Billings_Clinic_Bozeman_PUD\CADD_C3D\PRODUCTION_DWG\15063_10_UTILITY_PLAN.dwg, C3.1, 5/13/2022 10:11:54, lhendricks, 1:165 32Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 2 - Master Plan and Development Guidelines [2.12] SITE LIGHTING The following design guidelines govern the design of lighting for drive aisles, parking, plaza areas and pedestrian routes. Building lighting is addressed in Section 4 - Building Design. Site lighting should include vehicle-scale lighting in parking areas and pedestrian-scale in primary pedestrian areas. To create a consistent lighting character for the campus, all exterior site lighting shall be LED 80 Color Rendering Index (CRI). Lighting heights, light fixture styles, and pole colors shall either match or coordinate with the lighting constructed with the initial phase of the campus and as described below. Pedestrian-Scale Lighting: Style: ATR – Atria Series from AV Poles and Lighting Height: 12’ Pole and luminaire color: Black LED 80 CRI, Light Source Kelvin 3000 Vehicle-Scale Lighting: Style: MRM – Mirada Medium Area Light from LSI Lighting Height: 25’ Pole and luminaire color: Black LED 80 CRI, Light Source Kelvin 3000 Street Lights: Street lights shall be City of Bozeman standard street lights but with Black poles as constructed with the initial phase of the campus development. Light Shielding: Pole lights located immediately adjacent to residential or natural areas shall incorporate a house-side shield to minimize glare. 66 Preliminary PUD Application - Billings Clinic Bozeman Medical Campus 33 [2.13] STREET LIGHTING PLAN 0 100 SCALE: 1" = 100' 20050100 PRELIMINARY PUD REVIEWNORTH FILE:PROJECT NO:CAD:QUALITY ASSURANCE:DRAWING HISTORYDATE DESCRIPTIONLIGHTING PLANBILLINGS CLINIC BOZEMAN CAMPUSLOT 2A-1, MINOR SUBDIVISION 221FBOZEMAN, MONTANA8.1 -15063_10_LIGHTING_PLAN.DWGLMH----------------15063.10GENERAL NOTES: -ALL IMPROVEMENTS SHALL BE PERFORMED IN ACCORDANCE WITH MONTANA PUBLIC WORKS STANDARD SPECIFICATIONS 6TH EDITION, APRIL, 2010, AND THE CITY OF BOZEMAN STANDARD MODIFICATIONS, DATED MARCH 31, 2011 WITH ADDENDUM. -ANY EXISTING OR NEW VALVES WHICH CONTROL THE CITY OF BOZEMAN'S WATER SUPPLY SHALL BE OPERATED BY CITY OF BOZEMAN PERSONNEL ONLY. -CONTRACTOR SHALL FIELD VERIFY AND GRADE OF EXISTING CONNECTIONS. -THE CONTRACTOR SHALL NOTIFY THE WATER DEPARTMENT A MINIMUM OF 24-HOURS PRIOR TO BEGINNING ANY WORK. -EXISTING UNDERGROUND INSTALLATIONS & PRIVATE UTILITIES SHOWN ARE INDICATED ACCORDING TO THE BEST INFORMATION AVAILABLE TO THE ENGINEER. THE ENGINEER DOES NOT GUARANTEE THE ACCURACY OF SUCH INFORMATION. SERVICE LINES (WATER,POWER, GAS, STORM, SEWER, TELEPHONE & TELEVISION) MAY NOT BE STRAIGHT LINES OR AS INDICATED ON THE PLANS. STATE LAW REQUIRES CONTRACTOR TO CALL ALL UTILITY COMPANIES BEFORE EXCAVATION FOR EXACT LOCATIONS. -UNLESS OTHERWISE SPECIFIED, ALL CONSTRUCTION LAYOUT AND STAKING SHALL BE PERFORMED UNDER THE RESPONSIBLE CHARGE OF A LAND SURVEYOR LICENSED IN THE STATE OF MONTANA AND BY A PARTY CHIEF OR ENGINEERING TECHNICIAN EXPERIENCED INCONSTRUCTION LAYOUT AND STAKING TECHNIQUES AS ARE REQUIRED BY THE SPECIFIC TYPE OF WORK BEING PERFORMED.P:\15063_10_Billings_Clinic_Bozeman_PUD\CADD_C3D\PRODUCTION_DWG\15063_10_LIGHTING_PLAN.dwg, 8.1, 5/13/2022 10:14:56, lhendricks, 1:167 34Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 2 - Master Plan and Development Guidelines Chapter 3 LANDSCAPE GUIDELINES [3.01] OVERVIEW The intent of the landscape design guidelines is to support a cohesive approach to the campus design, to encourage sustainable design that is complimentary to the natural environment of the region and to support the medical campus needs for safety, patient comfort, and staff respite. These guidelines provide: the buffering of properties from wind and snow; the screening of parking from residences and pedestrian areas; the enhancement of entry areas to the development and to individual buildings; the conservation of water and the use of native or adapted plant species; and other landscape design techniques with the goal of creating a unique and inviting environment. [3.02] GENERAL LANDSCAPE DESIGN GUIDELINES Utilize xeriscape practices including: 1. Incorporate the use of an efficient irrigation system and provide irrigation zones for turf areas separately from other plantings. 2. Avoid irrigating between 10am and 6pm when possible to reduce water loss to evaporation. 3. Utilize weather-based irrigation controllers. 4. Reduce the amount of manicured turf areas by using in more public areas and street parkways. Open space areas and outlying areas with less public use should incorporate landscapes with reduced irrigation and maintenance needs where feasible. 68 35Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 2 - Master Plan and Development Guidelines [3.03] PLANT MATERIALS Tree and shrub species shall be selected based upon species diversity, adaptability, hardiness, and maintenance requirements. The provided species lists shall be used for all tree and shrub selections. Alternative species will be considered on a case-by-case basis with the approval of Billings Clinic. Any species listed as noxious or invasive in the state shall be prohibited. DECIDUOUS TREES CA SP Catalpa speciosa Northern Catalpa CE OC Celtis occidentalis Common Hackberry GL TR Gledistia triacanthos inermis 'Skyline' Skyline Honeylocust GY DI Gymnocladus dioicus 'Expresso' Expresso Kentucky Coffeetree QU BU Quercus buckleyi Texas Red Oak QU MA Quercus macrocarpa Bur Oak TI AM Tilia americana 'Redmond' Redmond Linden UL JA Ulmus japonica x U. wilsoniana 'Accolade' Accolade Elm ORNAMENTAL TREES AC TA Acer tataricum ‘Hot Wings’ Hot Wings Maple AM GR Amelanchier x grandiflora ‘Autumn Brilliance’ Autumn Brilliance Serviceberry CR PH Crataegus phaenopyrum Washington Hawthorn MA RA Malus ‘Radient’ Radiant Crabapple MA SS Malus ‘Spring Snow’ Spring Snow Crabapple MA TC Malus ‘Thunderchild’ Thunderchild Crabapple EVERGREEN TREES JU MG Juniperus scopulorum ‘Moonglow’ Moonglow Juniper PI FL Pinus flexilis ‘Vanderwolf’s Pyramid’ Vanderwolf’s Limber Pine PI NI Pinus nigra Austrian Pine PI PO Pinus Ponderosa Ponderosa Pine Street trees shall be compatible with the current City of Bozeman Approved Street Tree list and approved by the City Forester prior to installation. Denotes plants indicated as drought tolerant based on Section 38.550.050 of the BMC* *** *** * *** 69 36Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 2 - Master Plan and Development Guidelines DECIDUOUS SHRUBS AM CA Amorpha canescens Leadplant AM RE Amelanchier alnifolia ‘Regent’ Regent Serviceberry AR CA Artemisia cana Silver Sagebrush AR ME Aronia melanocarpa ‘Iroquois Beauty’ Iroquois Beauty Dwarf Chokeberry CE IN Cercocarpus intricatus Littleleaf Moutain Mahogany CE LE Cerocarpus ledifolius Curl-leaf Mountain Mahogany CH NA Chrysthamnus nauseosus nouseosus Dwarf Blue Rabbitbrush CO AF Cornus sericea ‘Arctic Fire’ Arctic Fire Dogwood CO KE Cornus sericea ‘Kelseyi’ Kelsey Dwarf Dogwood CY PU Cytisus purgans ‘Spanish Gold’ Spanish Gold Broom FA PA Fallugia paradoxa Apache Plume PH OP Physocarpus opulifolius Diabolo Diabolo Ninebark PO FR Potentilla fruticosa Native Yellow Potentilla PR PB Prunus besseyi ‘Pawnee Buttes’ Pawnee Buttes Sandcherry RH AR Rhus aromatica ‘Gro-Low’ Gro-Low Sumac RH GL Rhus glabra cismontana Rocky Mountain Sumac RH TY Rhus typhina Staghorn Sumac RI AL Ribes alpinum ‘Greenmound’ Greenmound Alpine Currant RI AU Ribes aureum ‘Gwen’s Buffalo’ Gwen’s Buffalo Currant RO HO Rosa X Hope for Humanity’ Hope for Humanity Rose SY AL Symphoricarpos albus White Snowberry SY CH Symphoricarpos x chenaultii ‘Hancock’ Hancock Coralberry SY ME Syringa meyeri ‘Palibin’ Korean Lilac VI LA Viburnum lantana ‘Mohican’ Mohican Wayfaring Tree YU FL Yucca flaccida ‘Ivory Tower’ Ivory Tower Yucca ** **** * * * ******** 70 37Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 2 - Master Plan and Development Guidelines EVERGREEN SHRUBS AR PA Arctostaphylos x coloradoensis panchito Panchito Manzanita JU BR Juniperus sabina ‘Broadmoor’ Broadmoor Juniper JU BS Juniperus squamata ‘Blue Star’ Blue Star Juniper JU EF Juniperus communis ‘Effusa’ Effusa Common Juniper JU HO Juniperus horizontalis ‘Hughes’ Hughes Juniper PI GL Picea pungens ‘Globe’ Dwarf Globe Green Spruce PI MU Pinus mugo ‘Mops’ Miniature Mugo Pine PI NH Pinus nigra ‘Helga’ Dwarf Austrian Pine ORNAMENTAL GRASSES BO GR Bouteloua gracilis ‘Bonde Ambition’ Blonde Ambition Grama Grass CA BR Calamagrostis brachytricha Korean Feather Reed Grass CA OV C alamagrostis acutiflora ‘Overdam’ Variegated Feather Reed Grass KO MA Koeleria macrantha Prairie Junegrass PA VI Panicum virgatum ‘Northwind Northwind Switch Grass PE AL Pennisetum alopecuroides ‘Hameln’ Dwarf Fountain Grass SC PB Schizachyrium scoparium ‘Prairie Blues’ Prairie Blues Little Bluestem SO NU Sorghastrum nutans Indiangrass SP HE Sporobolus heterolepis Prairie Dropseed Grass ** ** * 71 38Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 2 - Master Plan and Development Guidelines PERENNIALS AC MO Achillea ‘Moonshine’ Moonshine Yarrow AQ CH Aquilegia chrysantha Yellow Columbine AQ CO Aquilegia coerulea Rocky Mountain Columbine CL HI Clematis hirsutissima Mountainspray Clematis CO MO Coreopsis verticillata ‘Moonbeam’ Moonbeam Coreopsis DA PU Dalea purpurea Purple Prairie Clover EC PU Echinacea purpurea Purple Coneflower GE TR Geum triflorum Prairie Smoke Geum GE VI Geranium viscosissimum Sticky Geranium LA HI Lavandula angustifolia ‘Hidcote’ Deep Blue Lavender LI PU Liatris punctata Gayfeather NE LT Nepeta ‘Little Trudy’ Little Trudy Catmint PE PI Penstemon pinifolius Pineleaf Penstemon PE ST Penstemon strictus Rocky Mountain Penstemon RU FU Rudbeckia fulgida ‘Goldsturm’ Goldsturm Black-eyed Susan SA NE Salvia nemorosa ‘May Night’ May Night Salvia TO HO Townsendia hookeri Hookers Townsend Daisy [3.04] OPEN SPACE Open space areas throughout the campus are a key feature supporting the building uses and connections to the community. Open space areas should create distinctive settings supporting their adjacent building uses (healing gardens, respite areas for staff and visitors, plazas, paths/trails, access to nature, multi-use community) while maintaining a consistent visual character for the campus. The open space areas indicated on the Open Space Diagram represent the conceptual locations for Active Open Space areas for the campus and may vary in configuration and location. However, they represent the minimum amount of open space areas required for the campus and should designed to be open and available for use by visitors to the campus. See Open Space Diagram Section 2.07 for locations of designated Active Open Space Areas. 72 39Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 2 - Master Plan and Development Guidelines [3.05] PUBLIC ART The use of public art within pedestrian plazas, open space, along trails and pedestrian corridors, and near buildings is encouraged. Art may also be directly integrated into the design of a building. Locations where art may be viewed from pedestrian and vehicular circulation routes should be given priority. The placement of public art shall be coordinated with the development of open spaces, trails, and plazas. All public art must be submitted for review and approval by Billings Clinic prior to installation. [3.06] MAINTENANCE The Billings Clinic shall contract landscape maintenance service for all of the developments within the Billings Clinic Bozeman Medical Campus PUD area. Any future phases developed in partnership with other entities or sold to other users shall obtain approval from Billings Clinic for any change to the overall campus landscape maintenance services provided. 73 40Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 2 - Master Plan and Development Guidelines Chapter 4 Building Guidelines Note: Where the Design Guidelines are “silent,” the standards of the Bozeman Municipal Code in effect at the time of a permit application shall apply. [4.01] BUILDING DESIGN OBJECTIVES In addition to The Billings Clinic Bozeman Medical Campus’ over-arching design objectives, the following building design objectives should respond to and be influenced by the different zones on the site to which they are oriented. The three zones of influence identified on the Billings Clinic Bozeman Medical Campus are the Medical Core, Community, and Nature. Medical Core The Medical Core zone of influence is the heart and patient services core of the campus. This zone serves as the hub, signified by the traffic roundabout from which all other circulation on campus culminates. This zone is designed to enhance the patient experience, giving clear visibility of covered vehicle drop-off areas and pedestrian entries to each of the major medical facilities. Building facades should be more transparent on all floors within this zone, both to clearly identify the main building entries as well as to reveal the healing programs within. This zone should also strive to incorporate a clear separation between on-stage (patient-facing) and off-stage (service/loading) functions of each respective building. Community The Community zone of influence encompasses buildings and facades that are visible from outside of the campus from the surrounding streets and highways, and also the buildings along major internal roadways. These buildings influence the visitor experience and help establish the overall feel of the campus when approaching the center. Those visible from the highway should convey the character of the campus and may take greater care for visual interest on the higher floors that are more visible. Similar to how the Ambulatory Care Center provides a campus identification opportunity toward the highway with a more expressive architectural façade and Billings Clinic signage. Nature The buildings in this zone should take advantage of their connection to the adjacent natural areas. The interstitial space between buildings should be an extension and transition from the informal outdoor space to more formal, with areas of passage and pause that are created with outdoor program, vegetation, and landscape architecture. Functionally, these spaces may provide active gathering space, as well as quieter individual seating. This sets the framework for a symbiotic relationship between buildings and nature. Buildings create opportunities for framing spaces and vistas as well as creating views from inside out. Additional references for open space can be found in the Code of Ordinances Section 38.520.060. - On-site residential and commercial open space. Gateways & Landmark Buildings The gateway and landmark building facades that frame the campus entrances should be treated with the greatest level of finish and care. The gateways should be marked with a landmark signage/tower signaling the arrival to the campus core as well as setting a geographic point of reference. Additional references for the architectural treatment of gateways can be found in the Bozeman Municipal Code Section 38.530.050, Section C - High visibility street corner and gateway sites. The medical core is a series of free-standing landmark structures that anchor the center of gravity for the campus. 74 41Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 2 - Master Plan and Development Guidelines Parking/Service Buildings Parking/Service buildings should utilize the standard palette of materials and colors recommended in these guidelines for consistency, but may have more of a utilitarian nature to massing and programmatic use. The form follows the functions of these buildings and structures. Additional references for mechanical and service areas can be found in the Bozeman Municipal Code Sec. 38.520.070. - Location and design of service areas and mechanical equipment. All Other Buildings The remaining buildings may be reconfigured in a multitude of ways. They should serve as the “background” buildings on the campus, that neither call attention to themselves nor ignore these guidelines. But rather, contribute to the overall fabric of the campus striving to meet the city’s motto of being “the most livable place.” These buildings could also have uses to benefit the campus and larger community. By having higher activity on the ground floor through retail and pedestrian access, they can serve as a shared link between all buildings on campus. Gateway/Landmark Building Figure 4.1 Zones of Incluence & Building Role Diagram CO M M U N I T Y CORE NATURE Gateway Landmark Building Parking/Service Building 75 42Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 2 - Master Plan and Development Guidelines [4.02] DIMENSIONAL CONSIDERATIONS Form and Scale Building scale guidelines have been established to be appropriate for program use and campus zone. The scale of the building massing should be broken down further at the entry facades, first floor pedestrian areas, and above with purposeful wall offsets, awnings, arcades, and canopies. New building forms should be primarily horizontal. Any vertical elements should be reserved for gateway and/or landmark buildings on campus. Roof lines should be consistent and relatively uniform, maintaining simplicity of to contrast both the landmark vertical elements and the mountain skyline beyond. Connection Between Buildings Wherever possible, care should be given to identify opportunities for building features or access points to relate to one another, in turn making connections between the buildings. This will also serve to promote a more walkable campus by giving building occupants the ability to traverse from building to building. Buildings should relate to each other through sight lines, landscape architecture, and entry points. Covered connections between buildings are encouraged, as well as shared outdoor activity space. Building Heights All building heights outside of the zones requesting relaxation shall conform to City of Bozeman Unified Development Section 38.530.040. - Building massing and articulation. Breaking Down Scale SERVICE/ NATURE/ COMMUNITY PUBLIC Building entries and facades can relate to each other, creating implied connections Buildings can work together to create shared zones for gathering, respite, and outdoor landmarks 76 43Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 2 - Master Plan and Development Guidelines CLASS I TRAIL10' WIDE CONCRETE25' TRAIL CORRIDOR BILLINGS CLINICMEDIAL CAMPUSMONUMENT SIGN, TYP. BILLINGS CLINICMEDIAL CAMPUSMONUMENT SIGN, TYP. BILLINGS CLINICMEDIAL CAMPUSMONUMENT SIGN,TYP. BILLINGS CLINIC MEDICALCAMPUS WAYFIND SIGN, TYP. 50' CREEK SETBACK CLASS II TRAILPARK AND OPEN AREAS,6' WIDE CONCRETE(CRUSHER FINES PATH WITHINWATERCOURSE SETBACK AREAS) 100-YR FLOODPLAIN NEIGHBORHOOD CENTER (PARK OR CIVIC SPACE)OPEN SPACEAMENITY AREA AMBULATORYCARE CENTER 1 AMBULATORYSERVICE CENTER AMBULATORYCARE CENTER 2 INPATIENTFACILITIES PARKINGSTRUCTURE PARKINGSTRUCTURE HELIPAD PROPERTY LINE LIMIT OF PHASE 1 IMPROVEMENTS, TYP. PLANNED PUBLIC STREETS, TYP. (MIXED USE BLOCK FRONTAGE)NORTH 27TH AVE. (MIXED USE FRONTAGE)DAVIS LANE (MIXED USE FRONTAGE)WESTLAKE ROAD (MIXED USE FRONTAGE) EAST V A L L E Y C E N T E R R O A D ( G A T E W A Y F R O N T A G E ) DRIVE AISLE DRIVE AISLEDRIVE AISLESheet Number: Project Number:Project:Client:1603 Oakridge DriveFort Collins, CO 80525p. (970) 223-7577www.BHADesign.com Landscape ArchitectureUrban DesignMaster Planning Z:\PROJECTS\BILLINGS CLINIC BOZEMAN\DRAWINGS\ACAD\CD\DWG\BOZEMAN_MASTER_PLAN.DWGPlot Date:9/3/2020 3:21 PM Plotted By: Jason MessarosDate Created:9/3/2020Produced by:Date: Revision: L1.0 Date:MASTER PLANBILLINGS CLINIC BOZEMANAmbulatory Destination Center - Phase IBillings Clinic2800 10th Avenue NorthBillings, MT 59101COMMUNITY DESIGN FRAMEWORK NOT FOR CONSTRUCTIONJSM9-6-20202017 0 50'100'200' NORTH 1.Public streets shall include sidewalks on both sides as perCity standards. Private access drives will include sidewalkson both sides where feasible to provide a connectedpedestrian system. 2.Public transportation infrastructure is encouraged. TheDeveloper will coordinate with the City and Streamline toprovide stops for planned routes on either public streets orprivate drives. 3.Parking Plan - Parking for individual phases is anticipatedto comply with the Municipal Code. If an individual phaserequires parking quantities that differ from the Code, adeparture will be requested at the time of Site Plan reviewfor that phase. 4.Compliance with required landscape provisions will beindicated at the time of Site Plan review for each phase. 5.Neighborhood Center park / civic space will be owned andmaintained by the property owner or future designatedProperty Owner Association. NOTES PROPOSED BUILDING HEIGHTS Theseven project areas are delineated with the following building height allowances: Areas B & D: 8 stories Areas A, C & G: 6 stories Areas E & F: 3 stories Figure 4.3 Building Height Areas Diagram 8 7 6 5 4 3 2 1 8 7 6 5 4 3 2 1 141’ 151’ 10’ step backs req’d on buildings 5 stories or greater* 75’ 90’ 104’ 94’ AreaB AreaA AreaC AreaE AreaF AreaG AreaD 77 44Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 2 - Master Plan and Development Guidelines CLASS I TRAIL10' WIDE CONCRETE25' TRAIL CORRIDOR BILLINGS CLINICMEDIAL CAMPUSMONUMENT SIGN, TYP. BILLINGS CLINICMEDIAL CAMPUSMONUMENT SIGN, TYP. BILLINGS CLINICMEDIAL CAMPUSMONUMENT SIGN,TYP. BILLINGS CLINIC MEDICALCAMPUS WAYFIND SIGN, TYP. 50' CREEK SETBACK CLASS II TRAILPARK AND OPEN AREAS,6' WIDE CONCRETE(CRUSHER FINES PATH WITHINWATERCOURSE SETBACK AREAS) 100-YR FLOODPLAIN NEIGHBORHOOD CENTER (PARK OR CIVIC SPACE)OPEN SPACEAMENITY AREA AMBULATORYCARE CENTER 1AMBULATORYSERVICE CENTER AMBULATORYCARE CENTER 2 INPATIENTFACILITIES PARKINGSTRUCTURE PARKINGSTRUCTURE HELIPAD PROPERTY LINE LIMIT OF PHASE 1 IMPROVEMENTS, TYP. PLANNED PUBLIC STREETS, TYP. (MIXED USE BLOCK FRONTAGE)NORTH 27TH AVE. (MIXED USE FRONTAGE)DAVIS LANE (MIXED USE FRONTAGE)WESTLAKE ROAD (MIXED USE FRONTAGE) EAST V A L L E Y C E N T E R R O A D ( G A T E W A Y F R O N T A G E ) DRIVE AISLE DRIVE AISLEDRIVE AISLESheet Number: Project Number:Project:Client:1603 Oakridge DriveFort Collins, CO 80525p. (970) 223-7577www.BHADesign.comLandscape ArchitectureUrban DesignMaster Planning Z:\PROJECTS\BILLINGS CLINIC BOZEMAN\DRAWINGS\ACAD\CD\DWG\BOZEMAN_MASTER_PLAN.DWGPlot Da t e : 9/3/2020 3 : 2 1 P M Plott e d B y : Jason M e s s a r o s Date Cr e a t e d : 9/3/2020 Produced by:Date: Revision: L1.0 Date:MASTER PLANBILLINGS CLINIC BOZEMANAmbulatory Destination Center - Phase IBillings Clinic2800 10th Avenue NorthBillings, MT 59101COMMUNITY DESIGN FRAMEWORK NOT FOR CONSTRUCTIONJSM9-6-20202017050'100'200' NORTH 1.Public streets shall include sidewalks on both sides as perCity standards. Private access drives will include sidewalkson both sides where feasible to provide a connectedpedestrian system.2.Public transportation infrastructure is encouraged. TheDeveloper will coordinate with the City and Streamline toprovide stops for planned routes on either public streets orprivate drives. 3.Parking Plan - Parking for individual phases is anticipatedto comply with the Municipal Code. If an individual phaserequires parking quantities that differ from the Code, adeparture will be requested at the time of Site Plan reviewfor that phase.4.Compliance with required landscape provisions will beindicated at the time of Site Plan review for each phase.5.Neighborhood Center park / civic space will be owned andmaintained by the property owner or future designatedProperty Owner Association. NOTES A A B B Winter Solstice (1 hour before sunset) First Day Spring (1 hour before sunset) Summer Solstice (1 hour before sunset) Figure 4. Shadow Projection Diagrams Figure 4.4 Viewshed Vignettes 78 45Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 2 - Master Plan and Development Guidelines CLASS I TRAIL10' WIDE CONCRETE25' TRAIL CORRIDOR BILLINGS CLINICMEDIAL CAMPUSMONUMENT SIGN, TYP. BILLINGS CLINICMEDIAL CAMPUSMONUMENT SIGN, TYP. BILLINGS CLINICMEDIAL CAMPUSMONUMENT SIGN,TYP. BILLINGS CLINIC MEDICALCAMPUS WAYFIND SIGN, TYP. 50' CREEK SETBACK CLASS II TRAILPARK AND OPEN AREAS,6' WIDE CONCRETE(CRUSHER FINES PATH WITHINWATERCOURSE SETBACK AREAS) 100-YR FLOODPLAIN NEIGHBORHOOD CENTER (PARK OR CIVIC SPACE)OPEN SPACEAMENITY AREA AMBULATORYCARE CENTER 1AMBULATORYSERVICE CENTER AMBULATORYCARE CENTER 2 INPATIENTFACILITIES PARKINGSTRUCTURE PARKINGSTRUCTURE HELIPAD PROPERTY LINE LIMIT OF PHASE 1 IMPROVEMENTS, TYP. PLANNED PUBLIC STREETS, TYP. (MIXED USE BLOCK FRONTAGE)NORTH 27TH AVE. (MIXED USE FRONTAGE)DAVIS LANE (MIXED USE FRONTAGE)WESTLAKE ROAD (MIXED USE FRONTAGE) EAST V A L L E Y C E N T E R R O A D ( G A T E W A Y F R O N T A G E ) DRIVE AISLE DRIVE AISLEDRIVE AISLESheet Number: Project Number:Project:Client:1603 Oakridge DriveFort Collins, CO 80525p. (970) 223-7577www.BHADesign.comLandscape ArchitectureUrban DesignMaster Planning Z:\PROJECTS\BILLINGS CLINIC BOZEMAN\DRAWINGS\ACAD\CD\DWG\BOZEMAN_MASTER_PLAN.DWGPlot Da t e : 9/3/2020 3 : 2 1 P M Plott e d B y : Jason M e s s a r o s Date Cr e a t e d : 9/3/2020 Produced by:Date: Revision: L1.0 Date:MASTER PLANBILLINGS CLINIC BOZEMANAmbulatory Destination Center - Phase IBillings Clinic2800 10th Avenue NorthBillings, MT 59101COMMUNITY DESIGN FRAMEWORK NOT FOR CONSTRUCTIONJSM9-6-20202017050'100'200' NORTH 1.Public streets shall include sidewalks on both sides as perCity standards. Private access drives will include sidewalkson both sides where feasible to provide a connectedpedestrian system.2.Public transportation infrastructure is encouraged. TheDeveloper will coordinate with the City and Streamline toprovide stops for planned routes on either public streets orprivate drives. 3.Parking Plan - Parking for individual phases is anticipatedto comply with the Municipal Code. If an individual phaserequires parking quantities that differ from the Code, adeparture will be requested at the time of Site Plan reviewfor that phase.4.Compliance with required landscape provisions will beindicated at the time of Site Plan review for each phase.5.Neighborhood Center park / civic space will be owned andmaintained by the property owner or future designatedProperty Owner Association. NOTES C ACC Building Future Multi-family development (R-5 District w/ 50’ max. allowable height) View from North with PUD built-out as shown C Figure 4.7 Highway View Vignettes 79 46Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 2 - Master Plan and Development Guidelines [4.03] PROGRAMMATIC CONSIDERATIONS Building Entry Definition Buildings on campus should be inspired by simplicity of form and large planar gestures common in the “Mountain Modern” design aesthetic. However, as one approaches the building, elements should transition in scale and level of articulation so they respond to pedestrian interaction. Subtractive and additive elements of the building form should be composed to create emphasis on important pedestrian areas such as building entries. A key component of breaking down the building massing will be the entry definition. Building architecture should be aesthetically legible to clearly identify entry points as well as main pedestrian circulation paths. This supports goals of accessibility and wayfinding that were important to the campus plan. The base of the building should also be detailed to support pedestrian movement and connections between campus spaces. In addition to the building design, special care should be given on the pedestrian path from parking to building entry. Building overhangs should be created to safeguard pedestrians from inclement weather that lead to larger porch entry areas on the campus core. Hierarchy Buildings encouraged to be designed with a clear base, middle, and top in an architectural composition. This classic approach to façade composition helps to unify the campus architecture and lends legibility to the use of each level. Distinguishing the base responds to the ground condition and is scaled and detailed for appreciation by pedestrians. The body of the building and façade may vary in materiality based on the environmental factors and site influences identified in the Zone of Influence Diagram, Figure 4.1. The top terminates the building at the sky with a strong roof form, or special building element. Solidity & Transparency All buildings will have a variety of materials that create transparency, translucency, and solidity or layering of exterior materials. All façade surfaces should have greater material articulation that break down the façade and there should not be any large expanses of monolithic material applications. The ground level facades that front public/pedestrian ways should be most transparent. Facades that require less views out or visibility of activities within, may have greater solidity. The degree of transparency should also be optimized for solar orientation, with consideration of high heat and glare exposures. Where adjacent to Public Streets, building facade transparency will meet requirements of Section 38.510.030 of the Bozeman Municipal Code, except where the uses within these portions of the building require solid walls for safety, privacy, or medical functions. These areas PORCH INTERIOR Break up largefacadePUBLIC WAY DOOR Figure 4.8 Building Entry Definition and Articulation 80 47Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 2 - Master Plan and Development Guidelines where vision glass is not possible will be exempt from the facade transparency requirements, but will incorporate landscape planting beds with evergreen plant materials to buffer and add visual interest at a pedestrian scale to mitigate impacts of blank walls. All building articulation, entry definition, and window placement shall conform to City of Bozeman Unified Development Section 38.530.040. - Building massing and articulation and Section 38.530.050. - Building details. Mechanical Equipment & Utilities All mechanical equipment and utilities visible from public ways must be screened. The following guidelines apply to screening. 1. If feasible, building service areas and mechanical equipment should be integrated into the overall building design such that it is not visible from a public way. 2. Screening should use elements, materials, and forms compatible with the building design and shall be compliant with all guidelines pertaining to building design described herein. 3. Screening shall be as required by the City of Bozeman’s Unified Development Code. 81 48Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 2 - Master Plan and Development Guidelines [4.04] BUILDING EXTERIORS Building materials should exude the context in which they are placed. An audit of the local community suggests that the natural geology and landscape have influenced the surrounding architecture. Buildings tend to be lower in scale, built to resist the harsh climate, and maximize views to the mountains. Stone walls, dark-framed glass, and native wood accents are prevalent. The region prides itself on a rich history of living within the landscape. Finding ways in which to utilize modern materials while respecting the region’s heritage is highly encouraged. This “mountain modern” aesthetic sets the building character to be emulated and complemented throughout the campus. Honesty in materials will help the campus to reflect its connection to the natural setting. Real wood, transparent glass, metal panels that are either natural finishes or coated to replicate natural finishes such as bronze, zinc, copper, etc., will be used. Masonry/Precast Concrete Masonry units and natural stone should contribute to a warm but neutral aesthetic for the campus. This allows for adequate contrast with the glass and metal components of the building. Masonry elements should incorporate earth tones that are complementary to their surroundings while being durable. A preference should be given to masonry units that have a variegated tone, versus a more monolithic aesthetic. The use of a darker accent is acceptable but should be limited to account for approximately 10-15% of the total material on any given building facade. Preference should be given to darker mortar tints, allowing the texture of the units to be emphasized, while not contrasting. Metals Where metal panels are used, coloring should complement the warmth of the masonry. A preference toward darker metal tones that align with the aluminum glazing system framing would be given (Refer to Transparency Section). Two or three coats Mica finishes are preferred, as they will give more depth in material in addition to more closely resembling their substrate material properties. Glazing A range of glazing options and manufacturers can be explored but highly reflective or tinted glass is not recommended. Glazing should be selected to maximize performance (Solar Heat Gain Coefficient and U-Value), highlight activities within the building, views out, and maximize daylighting in interior spaces (Visible Light Transmission), For areas that desire to be highlighted from exterior and/or don’t require higher solar performance, use of a double-silver coating on low-iron substrate is recommended. For areas that require a higher solar performance use of a triple-silver coating on low-iron substrate is recommended. Where glazing is predominantly shaded throughout the cooling season, under deep overhangs for example, high transparency single-silver coatings on low-iron substrate can be used as long as envelope trade- off or whole building energy model compliance is achieved. For further performance incorporation of shading attachments, interlayers, or frit patterns can be explored but should be incorporated in a manner that minimizes their visual impact. 82 49Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 2 - Master Plan and Development Guidelines Spandrel For sections of glazing that need to obscure plenum space, but the continuity of the glass facade is desired, a dark warm gray is suggested for the spandrel panels. The intent should be to make the spandrel panel be as visually seamless to the transparent vision panels as possible, in most daylighting conditions. Aluminum Framing It is recommended that darker, neutral, warm grays/metallics be used for the aluminum framing systems used to support the glazing units. This strategy allows the framing to be less visible from the interior, allowing occupants to view outside more clearly, past the framing. Wood Paneling/Accents Wood is a suitable material on campus as it will help tie the lighter neutrals of the masonry stone to the darker metal elements. Additionally, it can bring warmth and texture to a pedestrian zone-- such as a canopy soffit or siding accent. Medium tone wood species such as Ash, Walnut, Oak, or Hickory are the most suitable. Solar Shading Encourage solar analysis to be employed to find the optimal shading strategy for each facade that utilizes large sections of curtain wall or storefront glazing. Solar shading elements should complement both the aluminum glazing system framing as well as any building metal panels. All building materials shall conform to City of Bozeman Unified Development Code Section 38.530.060. - Building materials and Section 38.530.070. - Blank wall treatments. 83 50Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 2 - Master Plan and Development Guidelines [4.05] BUILDING LIGHTING Site lighting at pedestrian and vehicular ways and parking areas is addressed in Section 2.12 Site Lighting. Lighting guidelines specific to signs are described in the Section 5.01 Exterior Signage and Section 4.06 Building Signage. The following guidelines pertain to architectural lighting on the exterior of buildings: 1. Exterior architectural lighting is encouraged but should be judiciously used in select locations. Exterior architectural lighting should be primarily used to accent building entries. 2. Light fixtures should be simple, functional and industrial in character. Recessed linear or can fixtures are encouraged. Decorative light fixtures should be used selectively in limited locations such as building entrances. 3. The following lighting types are permitted with approximate 3000k color temperature: • Halogen • Metal Halide which has appropriate color rendering characteristics • Compact Fluorescent which has appropriate color rendering characteristics. • LED 4. The following lighting types are not permitted: • Incandescent • Colored Lamps • Mercury vapor or High Pressure Sodium Lamps • Any type of moving or flashing lighting 5. Exposed neon tube or LED string lighting must be approved by Billings Clinic Leadership. Neon tube or LED string lighting may not be used as intense visual element for advertising or other purposes. Neon tube or LED string lighting may be used as subtle recessed or concealed light element. 6. All building lighting shall conform to City of Bozeman Unified Development Code requirements and shall meet the cut-off shield requirements outlined therein. 84 51Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 2 - Master Plan and Development Guidelines Chapter 5 SIGNAGE [5.01] WAYFINDING STRATEGY Wayfinding is an important element of campus design. Billings Clinic’s operation of medical campuses throughout the region, as well as the experience of healthcare facilities nationwide, demonstrate the importance of creating an area that is easy to navigate in stressful situations. Patients and visitors to a medical campus need to be able to easily and conveniently locate, identify, and find their way to the various services offered. The multiple buildings associated with a medical campus, the needs and abilities of those seeking medical and emergency services, and the diversification of services offered within a medical campus create a need for establishing clear and visible wayfinding and informational signage. The goals of the wayfinding approach are to help keep consumers oriented and informed, and to make the experience as positive and stress-free as possible. The Billings Clinic medical campus employs a landmark-based wayfinding approach, augmented with explicit, written information (directional signs) where detail is needed. [5.02] MEDICAL CORE • Building Identification signage is positioned for maximum visibility from Interstate 90 and roadways surrounding the campus and is integrated with the architectural design of the building. “Billings Clinic” the health provider name and logomark are positioned near the top of the building (in the most prominent location). • Monument signage will be located at primary entry points indicating availability of emergency services. • Vehicular and pedestrian directional signage to buildings and services will be positioned at decision-making points to help guide consumers to specific buildings and services (Hospital, Urgent Care, Surgery, Clinic, future destinations, greenway trail paths, etc.) • Identification of buildings and services is reinforced at Building Entries where illuminated letter signs are mounted to the front of entry canopies for visibility to consumers once they arrive on campus. Material and colors complementary to the architectural and landscape design will be incorporated and carried through the entire signage family. Consistent representation of the Billings Clinic brand including typefaces, colors, and treatment of logos will be followed. See Figure 5.1 for illustrations and examples of planned sign designs. 85 52Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 2 - Master Plan and Development Guidelines SIGN LETTER HEIGHT - SIZE CHART SPEED LIMIT VISIBILITY VIEWING DISTANCE 75 MPH 3.5 SEC 385 FT.15.5” - 38.5” 65 MPH 3.5 SEC 330 FT.13.2” - 33.2” 55 MPH 3.5 SEC 280 FT.11.2” - 28” 45 MPH 3.5 SEC 231 FT.9.2” - 23.1” 35 MPH 3.5 SEC 178 FT.7.1” - 15.6” [5.03] EXTERIOR SIGNAGE General design criteria for exterior signage includes the following: 1. The design of all signs should be compatible with the Billing Clinic Bozeman Medical Campus’ over-arching design guidelines. Material and colors complementary to the architectural and landscape design will be incorporated and carried through the entire signage family. Consistent representation of the brand elements including typefaces, colors, and treatment of logos will be followed. See Figure 5.1 for illustrations and examples of planned sign designs. 2. All signs must comply with the with the Campus’ Design Guidelines and the City of Bozeman’s Unified Development Code requirements for this medical campus district with exceptions outlined in Section 5.07 3. The following sign materials are encouraged: • Durable and weather-proof wood-like accents in medium tone wood species • Light, natural stone and earth-toned masonry elements • Metals complementary to the warmth of the masonry • Aluminum and acrylic sign material in appropriate colors and thicknesses 4. Signage must be of quality construction. Concealed fasteners and attachments are encouraged. 5. Illumination. A. External illumination. Externally illuminated signs shall have lighting confined to the sign and shall be positioned and shielded to minimize impacts to the surrounding area(s). B. Internal illumination. • Internally illuminated signs, including neon lighting, must be static in intensity and color. • The light source for internally illuminated signs must be entirely enclosed within the sign. 86 53Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 2 - Master Plan and Development Guidelines Figure 5.1 Exterior Wayfinding Signage 87 54Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 2 - Master Plan and Development Guidelines [5.04] SIGNAGE LOCATION / WAYFINDING PLAN The request for relaxation of the signage design requirements of UDC Division 38.560 Signs, is intended to promote the public safety, welfare, convenience, enjoyment of travel, and free- flow of traffic both to and within the medical campus. Signage designed and engineered for public safety and convenience as well as pleasing aesthetics will benefit the campus and community. Because the campus is designed with multiple buildings across several zones on the lot, relaxation is requested from Section 38.560.060 – Signs Permitted within the B-2 District, wherein signage allowances are designated on a per lot basis. The PUD requests that signage be defined for the Billings Clinic Bozeman Medical Campus by use and sign type across the entire campus. Preliminary sign types are mapped in Figure 5.2 below. [5.05] SIGNAGE PERMITTED UPON THE ISSUANCE OF A SIGN PERMIT The PUD requests that permitted signage in the Billings Clinic Bozeman Medical Campus be defined by three (3) categories of uses: A. Medical Campus and Building Identification Signage: Campus primary identification and building identification on the campus that is used for the provision of medical services or support of medical staff and administration. B. Non-Medical Building Identification Signage: any other building on the Mixed- Use campus such as, but not limited to, office, commercial, retail, and/or residential. C. Campus Wayfnding Signage: wayfinding directional signage located on public streets 88 55Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 2 - Master Plan and Development Guidelines Figure 5.2 Wayfinding Signage Location Plan 89 56Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 2 - Master Plan and Development Guidelines District specific terms. A. Internal signage is defined as signage that is not visible from outside of the campus or from the main circulation routes of the campus. B. Street frontage is defined as building frontage on a public exterior street. Signs facing private drives are considered internal signage. Medical Structures Signage Maximum signage is calculated by sign category as provided in Table 5.4 below. Wall SignSign Type Number Height (max., ft.)Sign Area per Sign (max., sf)Illumination Wall Sign 2 per facade for 6 stories and above based on sign area Smaller of 25% of wall area or 250 feet [1] Internal or external Freestanding MonumentSign Type Number Height (max., ft.)Sign Area per Sign (max., sf)Setback (min, ft)Illumination Monument Located at primary entry drives to campus and medical buildings 20 175 5 Internal or external Note: The surface area of a wall shall be determined by measuring the building height and multiplying it by the length of the wall, without deduction for doors and windows. Table 5.4 Medical Structure Signs 90 57Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 2 - Master Plan and Development Guidelines [5.05] SIGNAGE PERMITTED UPON THE ISSUANCE OF A SIGN PERMIT (CONT’D) Non-medical Structure Signage A. Maximum signage for wall signs and freestanding signs is calculated by sign type, as provided in Table 5.5 below B. All other sign types permitted to follow Section 38.560.090 and 38.560.100 for Multi-tenant complexes. Table 5.5 Non-medical Structure Signs Wall SignSign Type Number Height (max., ft.)Sign Area per Sign (max., sf)Illumination Wall Sign 1 per street frontage based on sign area Smaller of 25% of wall area or 1.5 per linear foot of building frontage Internal or external Freestanding Monument Sign Type Number Height (max., ft.)Sign Area per Sign (max., sf)Setback (min, ft)Illumination Monument 1 per street frontage 8 32 5 Internal or external Wayfinding Signage Maximum signage is calculated by sign category as provided in Table 5.6 below. Table 5.6 Campus Wayfinding Signage Wayfinding SignageSign Type Number Height (max., ft.)Sign Area per Sign (max., sf)Setback (min, ft)Illumination Wayfinding 100 ft separation from other wayfinding signs 9 [1]40 May be located within the right-of-way or street-vision triangle, but must comply with standards of Sec. 38.560.070 Internal or external Notes:[1] Wayfinding sign height includes 2 ft. tall masonry base to improve durability. 91 58Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 2 - Master Plan and Development Guidelines [5.06] SIGNAGE APPROVAL AND PERMITTED SIGN TYPES All exterior signage readily legible from the public right-of-way shall be required to obtain design approval in writing from Billings Clinic prior to submittal for sign permit. A sign permit must be obtained from the City of Bozeman Building Division for all signs requiring a signage permit prior to fabrication and erection of signs. 1. Tenants applying for signage approvals shall submit complete signage design drawings to Billings Clinic Leadership for approval prior to submitting plans to the City of Bozeman Building Department (See Section 6.01 regarding Design Review Process and Requirements). Drawings shall provide sufficient information to clearly understand signage location(s), size, assembly, materials, and lighting. 2. The following information shall be included in all signage approval submittals: • Elevation drawings: clearly indicate proposed signage on the building facade or entry drive for which it will be located. Provide dimensions indicating the size and location of the proposed signage. Drawings to include identification of materials, color schemes, and illumination. • Detail drawings: indicate sign fabrication technique, materials, illumination, and mounting system. • Material samples to be provided upon request of Billings Clinic Leadership. [5.07] SIGNAGE PERMIT EXEMPTIONS The following signs, items, and operations shall not require a sign permit, but shall be developed by or under full approval of Billings Clinic Leadership (See Section 6.01 regarding Design Review Process and Requirements). 1. Internal and integral signs. A. Signs not intended for view by or readily legible from the public right-of- way or adjacent residential, public, or civic districts or uses. B. Signs that are less than one square foot in area that are affixed to machines, equipment, fences, gates, walls, gasoline pumps, or utility cabinets. 3. Public signs. A. Official public signs approved by a governmental body with jurisdiction over issues such as traffic safety, pedestrian safety, schools, railroads, or public notice, as well as signs required by the Manual of Uniform Traffic Controls. B. Signs and notices required to be displayed, maintained, or posted by law or by any court or governmental order, rule, or regulation. C. Government signs and notices provided for the convenience and safety of the community. D. Bench signs. Bench signs on benches located on active, fixed bus routes, controlled or authorized by Streamline. The benches must be located on active, fixed routes. Signs shall be removed from or prohibited on benches located in prohibited sign locations or where the bench is not associated with an active, fixed route. [5.08] PROHIBITED SIGNS Prohibited signs in the Billings Clinic Bozeman Medical Campus shall follow Sec. 38.560.030. 92 59Preliminary PUD Application - Billings Clinic Bozeman Medical Campus Part 2 - Master Plan and Development Guidelines Chapter 6 Submittal Review Requirements [6.01] DESIGN REVIEW PROCESS AND REQUIREMENTS 1. Intent and Process The PUD property is owned by and will be developed by Billings Clinic. It is the intent that Billings Clinic Leadership, specifically the Vice President of Facility Services (or equal) on behalf of the CEO of Billings Clinic, will be the applicant on all planned development within the campus. If any future development phases are developed in partnership with other entities or sold to users who will improve those lots for their respective uses, Billings Clinic shall review development plans prior to any submittals to the City of Bozeman to ensure compliance with the PUD Master Plan and Development Guidelines. In addition to Billings Clinic review and approval, all proposed development is required to undergo City of Bozeman Department of Community Development review per the City of Bozeman Unified Development Code. Any applications to the City of Bozeman for Site Plan Review or Building Permit shall either include Billings Clinic as the applicant or shall include a letter of approval from Billings Clinic indicating compliance with the Master Site Plan and Development Guidelines. The intent of the Development Guidelines is to build upon and modify the Unified Development Code Article 5 standards to establish a framework to structure the campus character including access and circulation, sign system, building character and open space framework. The Development Guidelines are established and enforced by Billings Clinic. Except for those Development Guidelines required as a condition of PUD approval, the Development Guidelines shall not be binding upon Billings Clinic and shall not constitute in every event the basis for a recommendation of approval or disapproval of plans, specifications, or other materials submitted to Billings Clinic for review. Billings Clinic will be the interpreter of the Development Guidelines and their decisions in matters relating to the Development Guidelines shall be final. The Development Guidelines may be amended from time to time by Billings Clinic. However, if a guideline proposed for amendment was required as a condition of PUD approval the City of Bozeman must approve the amendment before it is effective. No improvements constructed in accordance with plans and specifications approved by Billings Clinic shall be required to be changed because such standards are thereafter amended. 93 Preliminary PUD Application - Billings Clinic Bozeman Medical Campus 60 LIST OF APPENDICES WETLAND AND WATERWAY Delineation Report (March 26, 2015) Wetland Delineation – Western Parcel (June 2020) Geotechnical Report Letter from HRDC’s Streamline acknowledging coordination for future transit service (May 2022) 94 Memorandum REPORT TO:City Commission FROM:Alicia Paz-Solis, Engineer I Nicholas Ross, Director of Transportation and Engineering SUBJECT:Authorize the City Manager to sign a Conditional Irrevocable Offer of Dedication and a Hold Harmless Agreement with Six Range Holdings, LLC for the Six Range Condominiums Site Plan (21235) MEETING DATE:November 22, 2022 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign a Conditional Irrevocable Offer of Dedication and a Hold Harmless Agreement with Six Range Holdings, LLC for the Six Range Condominiums Site Plan (21235). STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Attached is a copy (original to City Clerk) of the partially executed agreement. Engineering staff reviewed the document and found it to be acceptable. UNRESOLVED ISSUES:None ALTERNATIVES: As suggested by the City Commission. FISCAL EFFECTS:None Attachments: Hold Harmless Agreement Conditional Irrevocable Offer of Dedication Report compiled on: November 9, 2022 95 96 97 98 99 100 101 102 103 104 Memorandum REPORT TO:City Commission FROM:Melissa Hodnett, Finance Director SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with Baker Tilly for Municipal Advisory Services MEETING DATE:November 22, 2022 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a professional services agreement with Baker Tilly for Municipal Advisory Services. STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND:As part of the Capital Improvement Program and budget development, the finance department will evaluate options for financing projects based on certain criteria including intergenerational equity, debt capacity, reserve levels and potential rate impacts. The Government Finance Officers Association (GFOA) recommends that issuers hire a Municipal Advisor (MA) prior to the undertaking of a debt financing to assist the issuer in determining the best type of financing for the government, selecting other finance professionals, planning the bond sale, and successfully selling and closing the bonds. UNRESOLVED ISSUES:This contract will be a bridge to assist the City in debt issuances prior to the end of fiscal year 2023. The City is anticipated to issue a formal, competitive request for proposals for Municipal Advisory Services early in fiscal year 2024. ALTERNATIVES:If this contract is not authorized the City will be limited in its ability to obtain project financing in fiscal year 2023 which may result in project delays or rate increases. FISCAL EFFECTS:Additional costs associated with general MA services will be funded by savings in the Finance department budget in fiscal year 2023. The issuance of debt obligations requires additional Commission approval. The cost for MA services per debt issuance ranges from $15,000 to $40,000 depending on the type of issuance and will be considered in the analysis of project funding sources. 105 Attachments: PSA - Bozeman - Baker Tilly - Final for Commission.docx Report compiled on: November 1, 2022 106 Professional Services Agreement for Municipal Advisory Page 1 of 14 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ____________, 202__ (“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA,a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and, Baker Tilly Municipal Advisors, LLC, a Wisconsin LLC, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1.Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2.Term/Effective Date: This Agreement is effective upon the Effective Date and will expire on the _____ day of ______________, 202_, unless earlier terminated in accordance with this Agreement. 3.Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4.Payment: City agrees to pay Contractor the amount specified in the Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, 107 Professional Services Agreement for Municipal Advisory Page 2 of 14 Contractor makes the following representations: a.Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b.Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6.Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Though the services may include Contractor’s advice or recommendations, all decisions regarding the implementation of such advice or recommendations shall be the responsibility of, and made by, the City. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) an insurance certificate for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor 108 Professional Services Agreement for Municipal Advisory Page 3 of 14 specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 7.Indemnity/Waiver of Claims and Limitation on Damages/Insurance: For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against third party claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent such third party claim is finally determined to be caused by the gross negligence or intentional misconduct of the Contractor or Contractor’s agents or employees.Notwithstanding the foregoing, City hereby releases Contractor, its subsidiaries and their present or former partners, principals, employees, officers and agents from, and acknowledges that such parties shall not be required to indemnify City against, any costs, fees, expenses, damages and liabilities (including attorneys’ fees and all defense costs) relating to or arising as a result of the acts or omissions of City. Furthermore, because of the importance of the information that City provides to Contractor with respect to Contractor’s ability to perform the services, City hereby releases Contractor and its present and former partners, principals, agents and employees from any liability, damages, fees, expenses and costs, including attorney's fees, relating to the services that arise from or relate to any information, including representations by management, provided by City, its personnel or agents, that is not complete, accurate or current. Such obligationsshall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to 109 Professional Services Agreement for Municipal Advisory Page 4 of 14 defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. To the extent allowed under applicable law, the aggregate liability (including attorney’s fees and all other costs) of either party and its present or former partners, principals, agents or employees to the other party related to the services performed under this Agreement shall not exceed the fees paid to Contractor under this Agreement to which the claim relates, except to the extent finally determined to have resulted from the gross negligence, willful misconduct or fraudulent behavior of the at-fault party. Additionally, in no event shall either party be liable for any lost profits, lost business opportunity, lost data, consequential, special, incidental, exemplary or punitive damages, delays or interruptions arising out of or related to this Agreement even if the other party has been advised of the possibility of such damages. Each party recognizes and agrees that the warranty disclaimers and liability and remedy limitations in this Agreement are material bargained for bases of this Agreement and that they have been taken into account and reflected in determining the consideration to be given by each party under this Agreement and in the decision by each party to enter into this Agreement. The terms of this section shall apply regardless of the nature of any claim asserted (including, but not limited to, contract, tort or any form of negligence, whether of City, Contractor or others), but these terms shall not apply to the extent finally determined to be contrary to the applicable law or regulation. These terms shall also continue to apply after any termination of this Agreement. These obligations shall survive termination of this Agreement and the services performed hereunder. 110 Professional Services Agreement for Municipal Advisory Page 5 of 14 In addition to and independent from the above, Contractorshall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: Workers’ Compensation – statutory; Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Automobile Liability - $1,000,000 combined single limitproperty damage/bodily injury ; and Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and Contractor shall provide a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within five (5) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8.Termination for Contractor’s Fault: a.If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due 111 Professional Services Agreement for Municipal Advisory Page 6 of 14 to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b.In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c.Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d.In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9.Termination for City’s Convenience: a.Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b.Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c.In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d.The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, 112 Professional Services Agreement for Municipal Advisory Page 7 of 14 be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10.Limitation on Contractor’s Damages; Time for Asserting Claim: a.In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b.In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11.Representatives and Notices: a.City’s Representative: The City’s Representative for the purpose of this Agreement shall be Melissa Hodnett or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b.Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be Brad Elmer or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other 113 Professional Services Agreement for Municipal Advisory Page 8 of 14 designated Contractor personnel or agents. c.Notices:All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12.Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13 Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14.Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). 114 Professional Services Agreement for Municipal Advisory Page 9 of 14 Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15.Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16.Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 18.Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term 115 Professional Services Agreement for Municipal Advisory Page 10 of 14 or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19.Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to seek reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 20.Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21.Dispute Resolution: a.Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b.If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22.Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23.Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24.Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25.Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 116 Professional Services Agreement for Municipal Advisory Page 11 of 14 26.Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27.No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 28.Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29.Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30.Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 31.Extensions:this Agreement may, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. In no case, however, may this Agreement run longer than __________________________. 32.Ownership of Deliverables:Subject to Contractor’s rights in Contractor’s Knowledge (as defined below) or unless otherwise set forth to the contrary in an applicable statement of work, the Contractor shall deliver, assign, transfer and convey to City all rights including, but not limited to, intellectual property rights (patents, trademarks, copyrights, and trade secrets) title, and interest to all documents, data, materials, programming, processes, studies, reports, surveys, proposals, plans, codes, scientific information, technological information, regulations, maps, equipment, charts, schedules, photographs, exhibits, software, software source code, documentation, services furnished hereunder, and other materials and property prepared, provided or developed under this Agreement ("Deliverables"). Notwithstanding the foregoing, Contractor will maintain all ownership right, title and interest to all of Contractor’s Knowledge. For purposes of this Agreement “Contractor’s Knowledge” means 117 Professional Services Agreement for Municipal Advisory Page 12 of 14 Contractor’s proprietary programs, modules, products, inventions, designs, data, or other information, including all copyright, patent, trademark and other intellectual property rights related thereto, that are (1) owned or developed by Contractor prior to the Effective Date of this Agreement (“Contractor’s Preexisting Knowledge”) (2) developed or obtained by Contractor after the Effective Date, including during the course of providing services under this Agreement, but: (i) which are developed or obtained without using City’sconfidential information, or (ii) which Cityhas not paid for such development; and (3) extensions, enhancements, or modifications of Contractor’s Preexisting Knowledge which do not include or incorporate City’s confidential information. To the extent that any Contractor Knowledge is incorporated into the Deliverables, Contractor grants to Citya non-exclusive, paid up, perpetual royalty- free worldwide license to use such Contractor Knowledge in connection with the Deliverables, and for no other purpose without the prior written consent of Contractor. 32.Data Privacy and Security:To the extent the services require Contractor to receive personal data or personal information from City, Contractor may process any personal data or personal information, as those terms are defined in applicable privacy laws, in accordance with the requirements of the applicable privacy law relevant to the processing in providing Services hereunder. Applicable privacy laws may include any local, state, federal or international laws, standards, guidelines, policies or regulations governing the collection, use, disclosure, sharing or other processing of personal data or personal information with which Contractor or its clients must comply. Such privacy laws may include (i) the EU General Data Protection Regulation 2016/679 (GDPR); (ii) the California Consumer Privacy Act of 2018 (CCPA); and/or (iii) other laws regulating marketing communications, requiring security breach notification, imposing minimum security requirements, requiring the secure disposal of records, and other similar requirements applicable to the processing of personal data or personal information. Contractor is acting as a Service Provider/Data Processor in relation to Citypersonal data and personal information, as those terms are defined respectively under the CCPA/GDPR. City is responsible for notifying Contractor of any data privacy laws the data provided to Contractor is subject to and City represents and warrants it has all necessary authority (including any legally required consent from data subjects) to transfer such information and authorize Contractor to process such information in connection with the services described herein. City agrees that Contractor has the right to generate aggregated/de-identified data from the accounting and financial data provided by City to be used for Contractor business purposes and with the outputs owned by Contractor. For clarity, Contractor will only disclose aggregated/de-identified data in a form that does not identify City, City’s employees, or any other individual or business entity and that is stripped of all persistent identifiers. City is not responsible for Contractor’s use of aggregated/de-identified data. Contractor has established information security related operational requirements that support the achievement of its information security commitments, relevant information security related laws 118 Professional Services Agreement for Municipal Advisory Page 13 of 14 and regulations, and other information security related system requirements. Such requirements are communicated in Contractor’s policies and procedures, system design documentation, and contracts with customers. Information security policies have been implemented that define Contractor's approach to how systems and data are protected. City is responsible for providing timely written notification to Contractor of any additions, changes or removals of access for City personnel to Contractor provided systems or applications. If City becomes aware of any known or suspected information security or privacy related incidents or breaches related to this Agreement, City should timely notify Contractor via email at dataprotectionofficer@bakertilly.com. 33.Contractor Entity:Baker Tilly US, LLP is an independent member of Baker Tilly International. Baker Tilly International Limited is an English company. Baker Tilly International provides no professional services to clients. Each member firm is a separate and independent legal entity and each describes itself as such. Baker Tilly US, LLP is not Baker Tilly International’s agent and does not have the authority to bind Baker Tilly International or act on Baker Tilly International’s behalf. None of Baker Tilly International, Baker Tilly US, LLP, nor any of the other member firms of Baker Tilly International has any liability for each other’s acts or omissions. The name Baker Tilly and its associated logo is used under license from Baker Tilly International Limited. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA ____________________________________ CONTRACTOR (Type Name Above) By________________________________By__________________________________ Jeff Mihelich, City Manager Print Name:Tom Kaleko Print Title: Principal_________________ APPROVED AS TO FORM: By_______________________________ 119 Professional Services Agreement for Municipal Advisory Page 14 of 14 Greg Sullivan, Bozeman City Attorney 120 Memorandum REPORT TO:City Commission FROM:Griffin Nielsen, Project Engineer Lance Lehigh, Interim City Engineer Nick Ross, Director of Transportation and Engineering SUBJECT:Authorize the City Manager to Sign a Task Order Number 4 with Sanderson Stewart for the Purpose of Easement Acquisition on the Fire Station 1 Ice Well Relocation Project MEETING DATE:November 22, 2022 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign Task Order Number 4 with Sanderson Stewart for the purpose of easement acquisition on the Fire Station 1 Ice Well Relocation Project. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Attached is a copy of Task Order Number 4 with Sanderson Stewart for the easement acquisition portion of the Fire Station 1 Ice Well Relocation Project. The Fire Station 1 Ice Well Relocation Project has progressed to the point where feasible locations have been identified for the relocation of the well. The feasible locations are dispersed between four different private properties which require an easement at one location for placement and construction of the well. The easement must be acquired before the project design can be completed. The scope of service with the City’s design consultant, Morrison Maierle, does not include easement acquisition, however, the City has a term contract with Sanderson Stewart for right-of- way and land acquisition services. This task order includes services necessary to contact the private property owner(s) of the feasible locations and facilitate the acquisition of an easement at one of the locations. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the Commission FISCAL EFFECTS:This task order is to be paid based on time and materials with a total amount not to exceed $8,470.00. Funding will be provided from the current project 121 budget of which $30,416.25 remains unallocated. Approval of this task order will bring the remaining project budget to $21,946.25. Attachments: City of Bozeman Land Agent Services_Task Order No 4 Ice Control Well RW Acquisition Report compiled on: November 10, 2022 122 ____ Initials November 4, 2022 Mr. Griffin Nielsen, PE City of Bozeman 20 East Olive St. Bozeman, MT 59715 Reference: City of Bozeman Land Agent Services FY 2021 - FY 2022 Project Scope of Work – Task Order No. #4 Ice Control Well R/W Acquisition Dear Mr. Nielsen: The following is a proposal for Sanderson Stewart to provide land agent services for an ice control well improvement project in connection with the City’s project as referenced above and as described in the Overview section to follow. If this task order proposal is acceptable to you, please execute this agreement by signing and dating the signature page. This agreement sets forth the terms of the contract between the City of Bozeman (hereinafter “Client”) and Sanderson Stewart. The Professional Services Agreement for Streets and Utilities Land Agent Service FY 2021-FY 2022 master services agreement is expressly incorporated into and made part of the contract between the Client and Sanderson Stewart. Project Overview We understand the City of Bozeman intends to construct a new ice control well in the North Rouse Avenue corridor in the near future to replace the existing well in the basement of the Fire Station #1 building. To facilitate the improvements, permanent and temporary access to private property is required. Sanderson Stewart will provide professional right-of-way (R/W) acquisition services to obtain a R/W construction agreement for the project as shown on the attached Figure 1. Scope of Work Sanderson Stewart will provide the following services as part of the basic scope of work: 1. Project Research This phase of the project consists of preliminary R/W activities to obtain pertinent project information. Subtasks under Item 1 will include the following: 123 Mr. Griffin Nielsen, PE November 4, 2022 Page 2 _____ Initials · Obtain and review available preliminary design plans and project documentation · Coordination meeting with the project team members · Obtain current deeds and ownership information for three (3) parcels of land 2. Initial Property Owner Contact This phase of the project consists of initiating coordination efforts with affected property owners. Subtasks under Item 2 will include the following: · Compile contact information · Initiate contact with owners of three (3) parcels of land to begin acquisition discussions to determine which parcel to acquire R/W from · Conduct pre-acquisition meetings with affected property owners 3. R/W Mapping and Exhibits This phase of the project consists of the preparation of R/W exhibits to acquire property interests. Subtasks under Item 3 will include the following: · Morrison Maierle is under contract to design the project and will provide existing and proposed design and right-of-way CADD files for the project area. Sanderson Stewart will prepare an easement exhibit and permit exhibit · Permanent easement and temporary construction permit exhibits adjacent to North Rouse Avenue will be prepared for one (1) parcel of land once the affected parcel is identified from the three parcels to be contacted · QA/QC of exhibits 4. Title Commitments This phase of the project consists of the preparation of title commitments by a licensed title company. Subtasks under Item 4 will include the following: · A title commitment will be secured for one (1) parcel requiring permanent easement acquisition with compensation once the impact parcel is identified · Team coordination 5. Appraisals and Valuations This phase of the project consists of the preparation of appraisal and valuation documents to value the property rights to be acquired. Subtasks under Item 5 will include the following: 124 Mr. Griffin Nielsen, PE November 4, 2022 Page 3 _____ Initials · A waiver valuation will be completed for one (1) parcel by Sanderson Stewart for simple easement acquisitions · Team coordination · QA/QC of appraisal documents 6. Prepare Contracts This phase of the project consists of the preparation of offer packages to acquire R/W, including agreements, deeds, easements, exhibits, figures, and correspondence letters. Subtasks under Item 6 will include the following: · A permanent easement and temporary construction permit adjacent to North Rouse Avenue will be prepared for and acquired on one (1) parcel of land · Prepare acquisition documents including R/W agreements, maps, and project information · Prepare acquisition cost details and summary · QA/QC of documents 7. Acquisitions This phase of the project consists of conducting the acquisition meetings with affected property owners and modifying the initial offer packages based on owner/client meetings. Subtasks under Item 7 will include the following: · Conduct acquisition meetings (minimum of 5 meetings) · Conduct acquisition meetings with one affected property owner · Prepare final acquisition documents for affected parcel · Prepare final acquisition costs for affected parcel, as required · QA/QC of documents 8. Title Clearing and Closing This phase of the project consists of coordinating and completing the title closing process with the title company. Subtasks under Item 8 will include the following: · Title insurance will be provided for the acquisition of personal property rights for one (1) affected parcel · Prepare final title transfer documents and schedule a closing date · Obtain mortgage releases, clear taxes, and leans, as required · Submittal of completed R/W acquisition offer package to the City for review and execution 125 Mr. Griffin Nielsen, PE November 4, 2022 Page 4 _____ Initials · Team coordination · Attend closing meeting 9. Final Submittal and Closeout This phase of the project consists of activities to finalize and submit executed R/W acquisition and title transferring documents. Subtasks under Item 9 will include the following: · Prepare a R/W acquisition project submittal packet · Deliver completed title transfer documents · Project closeout 10. Project Administration This phase of the project consists of the activities to manage the project requirements, deliverables, and tasks. Subtasks under Item 10 will include the following: · Project status updates · Budget and schedule monitoring and planning · Invoicing and billing Scope of Work Exclusions The following is a list of project phases or tasks that are excluded for the proposed Scope of Work. If the Client so desires, Sanderson Stewart may be able to provide additional services directly or contract with a sub-consultant to provide additional services. · Engineering or R/W design services · Eminent domain proceedings, expert witness testimony, costs, or other services necessary for legal proceedings · Additional costs related to the actual purchase price of property interests as detailed in R/W acquisition agreements · Relocation costs paid to property owners as detailed in R/W acquisition agreements Sanderson Stewart shall have the right, but not the obligation, to provide, without advance authorization from the Client, other services made necessary by the default of the Client or its Contractor(s), or by deficiencies, delays, or defects in the work provided by the Contractor(s). Sanderson Stewart shall provide written notice of the provision of such services as soon as reasonably possible. 126 Mr. Griffin Nielsen, PE November 4, 2022 Page 5 _____ Initials Project Staff The following Sanderson Stewart staff will be assigned to the project: Senior Quality Reviewer: Danielle Scharf, Principal Project Manager/Agent: Tony Gaddo, Senior Engineer/REALTOR® Additional Project Staff: Keaton Edam, Staff Engineer Sanderson Stewart may, in its discretion, utilize additional or different personnel on the project. Project Schedule Sanderson Stewart and the Client will work cooperatively to develop a proposed schedule for initiation and delivery of the project Scope of Work. This schedule shall include reasonable allowances for performance of services by the Client’s consultants (those not under contract with Sanderson Stewart), review and approval times as required by the Client, and review and approval times required by all public authorities having jurisdiction over the project. This schedule shall be equitably adjusted as the project progresses, allowing for changes in scope, character, or size of the project requested by the Client, or for delays or other causes beyond Sanderson Stewart’s reasonable control. Fees and Billing Arrangements Invoice and Billing: Sanderson Stewart will bill for its services on a time-and-materials basis with a total cost not to exceed $8,470.00. Sanderson Stewart will begin work once this agreement has been executed by both parties. Right-of-Way Acquisition 1. Project Research $380.00 2. Initial Property Owner Contact $990.00 3. R/W Mapping and Exhibits $950.00 4. Title Commitments $680.00 5. Appraisals and Valuations $1,445.00 6. Prepare Contracts $870.00 7. Acquisitions $1,980.00 8. Title Clearing and Closing $330.00 9. Final Submittal and Closeout $415.00 10. Project Administration $430.00 Total $8,470.00 127 Mr. Griffin Nielsen, PE November 4, 2022 Page 6 _____ Initials Sanderson Stewart will submit monthly invoices to the Client for work accomplished during the preceding invoice period. That invoice period will typically be approximately 30 days and will follow a calendar month schedule. Monthly invoices shall include, separately listed, any charges for services for which time charges and/or unit costs shall apply. Such invoices shall also include, separately listed, any charges for consultants retained by Sanderson Stewart, and reimbursable costs. Such invoices shall be submitted by Sanderson Stewart as soon as possible after the end of the month in which the work was accomplished and shall be due and payable by the Client upon receipt. The Client agrees that the monthly invoice from Sanderson Stewart is correct, conclusive, and binding on the Client unless the Client, within 20 working days from the date of receipt of such invoice, notifies Sanderson Stewart in writing of alleged inaccuracies, discrepancies, errors in the invoice, or the need for additional backup. Entire Agreement: This agreement, including the Professional Services Agreement for Streets and Utilities Land Agent Service FY 2021-FY 2022 master services agreement is made part of this contract, constitutes the entire agreement between Sanderson Stewart and the Client. It supersedes all prior communications, understandings, and agreements, whether oral or written. It shall become effective after being signed and dated by both parties; and, upon each page being initialed by Sanderson Stewart. Any amendment or modification to this contract must be written and executed by both Sanderson Stewart and the Client. Conclusion Mr. Nielsen, we look forward to working with you on this project. Feel free to call me at 406/922-4304 if you have any questions regarding this task order proposal. Otherwise, if it meets your approval, simply mail or email this signed and dated agreement to our office at 106 East Babcock, Suite L1, Bozeman, MT 59715 or tgaddo@sandersonstewart.com. Thank you. Sincerely, Tony Gaddo, PE, REALTOR® Senior Engineer | Right-of-Way Specialist 128 Mr. Griffin Nielsen, PE November 4, 2022 Page 7 _____ Initials This Task Order is dated ________________, 20___ between City of Bozeman, Montana (City) and Sanderson Stewart (Contractor). IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. By Client Title Date By Sanderson Stewart Title Date TG/DS Enc. 129 ESEW EW EW EW EW EW EW EW ES ES ES ES ES ES ES ES ES ES ES ES ES ES ESESESESESESESEWEW EWEWEWEWEWEWEW EW EW EW EWEWEWEWEWEWEWEWEW W W WWW W W W W W W WWWWWWWWW FIGURE NUMBER © PROJECT NO.DRAWN BY: DSGN. BY: APPR. BY: DATE: COPYRIGHT MORRISON-MAIERLE,2022 Plotted by brad hammerquist on Sep/23/2022 engineers surveyors planners scientists MorrisonMaierle 2880 Technology Blvd West Bozeman, MT 59718 406.587.0721 www.m-m.net N:\0417\092 - Ice Control Well\ACAD\Exhibits\Well Relocation Exhibit.dwg 0417.092 1 BJH BOZEMAN MONTANA WELL RELOCATION ALTERNATIVES # CITY OF BOZEMAN ICE CONTROL WELL # 06/2022 GENERAL NOTES 1.LOCATIONS OF EXISTING UTILITIES AND LOT LINES ARE APPROXIMATE. ALTERNATIVE A.1 ROUSE ROW ALTERNATIVE A.2 ROUSE ROW ALTERNATIVE B.1 LOT 13 EASEMENT ALTERNATIVE C.1 MENDENHALL ROWALTERNATIVE C.2 MENDENHALL ROW ALTERNATIVE D.1 PARKING LOT EASEMENT ALTERNATIVE D.2 PARKING LOT EASEMENT N ROUSE AVEE MENDENHALL ST EXST WELL DISCHARGE EXST WELL PIPING FIREHOUSE #1 15 300 SCALE IN FEET LEGEND EXISTING WELL PIPING EXISTING WATER MAIN EXISTING SEWER MAIN PROPOSED WELL PIPING PROPOSED WELL POTENTIAL EASEMENT EW EW ES W W KEY NOTES SEE LOT 27 PRELIMINARY SITE PLAN FOR POTENTIAL FUTURE LAYOUT 1 1 LOT 27 LOT 24 LOT 23 LOT 16 LOT 13 ALTERNATIVE B.2 LOT 13 EASEMENT 130 Memorandum REPORT TO:City Commission FROM:Jesse DiTommaso, Economic Development Specialist Brit Fontenot, Economic Development Director SUBJECT:Resolution 5458 Supporting the Application to the Big Sky Economic Development Trust Fund Program Administered by the Montana Department of Commerce, on Behalf of CommonFont MEETING DATE:November 22, 2022 AGENDA ITEM TYPE:Grant RECOMMENDATION:Resolution 5458 Supporting the Application to the Big Sky Economic Development Trust Fund Program Administered by the Montana Department of Commerce, on Behalf of CommonFont STRATEGIC PLAN:2.1 Business Growth: Support retention and growth of both the traded and local business sectors while welcoming and encouraging new and existing businesses, in coordination with the Economic Development Plan. BACKGROUND:The Montana Department of Commerce administers the Big Sky Economic Development Trust Fund Category I job creation program. This State-funded program is intended to incentivize the creation of net new higher paying jobs; also a Bozeman City Commission priority. The local governing body is required to apply for the grant on behalf of the business recipient as a co- applicant with the local Certified Regional Development Corporation (CRDC). The Prospera Business Network is local CRDC which includes Gallatin County. Should the grant be awarded, staff recommends that the City Commission appoint The Prospera Business Network, our local CRDC, to administer all aspects of the grant on behalf of the City of Bozeman. CommonFont partners with the world’s top companies to establish, evolve, and advance experience management programs. By centering the focus on client success, they develop a deep understanding of business needs and provide recommendations to help envision and achieve goals. With experience on multiple XM platforms and coding and scripting languages, commonFont provides strategic and actionable guidance to get the most out of an investment in technology. UNRESOLVED ISSUES:None. ALTERNATIVES:As recommended by the City Commission. 131 FISCAL EFFECTS:If the application is successful, commonFont may be awarded up to $5,000 per net new job with a target of forty (40) net new jobs over the next twenty-four (24) months for a total grant award, if all forty (40) proposed new jobs are filled, of $200,000. It is important to note that the Big Sky Trust Fund support provided by the City of Bozeman, in longstanding partnership with Prospera, is not without financial risk, although the City and Prospera work closely together with the assisted business to minimize the risk. If the number of jobs identified in the contract is not filled by the assisted business, but grant dollars are received by the assisted business, the contract between the assisted business and the City of Bozeman contains the following financial restoration sections: Section 8 Conditions on Method of Reimbursement: If the Assisted Business creates an eligible new job but fails to sustain that job for the requisite duration, then the Contractor shall reimburse the Department all funds received for that job. If the Assisted Business fails to create the required number of jobs, then the Contractor shall reimburse the Department the difference between the total amount advanced and the amount attributable to actual jobs created. If the Assisted Business ceases operation at the Project Site, then the Contractor shall reimburse the Department all funds received under this Contract. AND Section 3 Compensation and Consideration: c. The Assisted Business agrees that if the local government or tribal government request the funds before the jobs are created, and the Department agrees to that request, the local or tribal government and the assisted business receiving BSTF financial assistance are liable for the full amount of the award that is advanced by the Department, if the assisted business: a. Fails to create or maintain the number of net new eligible jobs as specified in the executed contract and assistance agreement, or b. Fails to inject the required amount of match into the project as specified in the executed contract and assistance agreement. Additionally the Department may recapture funds if: a. At the end of the contract period the Department has overpaid based on the number of net new jobs at the end of the contract period. b. The business ceases operations at the Project Site within the contract period. The City of Bozeman is the guarantor of BSTF grants and is ultimately responsible for any defaults. In partnership with the Department of Commerce and Prospera, the City has supported multiple BSTF assisted businesses. 132 Attachments: Attachment 1 CC Resolution 5458 CommonFont BSTF application.pdf commonFont Cert Form 12.2022-signed.pdf Report compiled on: November 9, 2022 133 RESOLUTION 5458 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO THE APPLICATION TO BIG SKY ECONOMIC DEVELOPMENT TRUST FUND PROGRAM ADMINISTERED BY THE STATE OF MONTANA, DEPARTMENT OF COMMERCE, ON BEHALF OF COMMONFONT, LLC [COMMONFONT]. WHEREAS, the Bozeman City Commission is committed to facilitating economic diversification in the City and the region; and WHEREAS, the Bozeman City Commission is committed to facilitating mid- and high- wage job creation and expansion, thus positively impacting the economy of the entire region; and WHEREAS, commonFont, desires to expand their business and create additional technology jobs in Bozeman; and WHEREAS, the City Commission has determined that technology has high growth potential, supports mid to high wage jobs and supports economic diversity; and WHEREAS, the Montana Department of Commerce administers the Big Sky Economic Development Trust Fund Category I job creation program, a state-funded program, to create good paying jobs for Montana residents, promote long-term, stable economic growth in Montana, create partnerships, expand existing businesses and provide a better life for future generations through greater economic growth and prosperity; and WHEREAS, the City Commission hereby authorizes and appoints The Prospera Business Network to administer, on behalf of the City of Bozeman, all aspects of the Big Sky Trust Fund Economic Development Category I grant and provide administrative support and other responsibility for the management and appropriate reporting to the Montana Department of Commerce. 134 NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, the City agrees to submit an application, through The Prospera Business Network, to the Montana Department of Commerce, Big Sky Economic Development Trust Fund Program to assist commonFont in their expansion project and that The Prospera Business Network will manage all aspects of the grant. PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 22nd day of November, 2022. CYNTHIA L. ANDRUS Mayor ATTEST: Mike Maas City Clerk APPROVED AS TO FORM: GREG SULLIVAN City Attorney 135 VIII. CERTIFICATION BY LOCAL GOVERNMENT AND BUSINESS As the responsible authorized agents of Local or Tribal Government Applicant: _______________________________________, and Applicant Business: _______________________________________, we hereby submit this Big Sky Economic Development Trust Fund Application. The information presented in this application is, to the best of our knowledge, true, complete and accurately represents the proposed project. We understand that additional information and documentation may be required. In addition, we understand that the local or tribal government applicant and the assisted business receiving BSTF financial assistance are liable for the full amount of the award that is advanced by the Department if the assisted business: misrepresents itself or its claims, fails to create or maintain the number of net new eligible jobs as specified in the executed contract and assistance agreement, fails to inject the required amount of match into the project as specified in the executed contract and assistance agreement, or ceases operations at the Project Site. The Applicant designates _________________________________________________________ (Name and Phone number) as the authorized contact for any additional Department requests for the release of additional information regarding this application for BSTF funds. Local or Tribal Government Applicant: ________________________________________ will accept responsibility for management of the project and compliance with Big Sky Economic Development Trust Fund regulations. Applicant Business: ____________________________________________________ will accept responsibility for compliance with applicable Big Sky Economic Development Trust Fund regulations as specified in this application. Name (typed): Local or Tribal Government Title (typed): Chief Elected Official Signature: X Date: As the responsible authorized agents of the Assisted Business: ______________________________________, we hereby submit this Big Sky Economic Development Trust Fund Application. The information presented in this application is, to the best of our knowledge, true, complete and accurately represents the proposed project. We understand that additional information and documentation may be required. In addition, we understand that the local or tribal government applicant and the assisted business receiving BSTF financial assistance are liable for the full amount of the award that is advanced by the Department if the assisted business: misrepresents itself or its claims, fails to create or maintain the number of net new eligible jobs as specified in the executed contract and assistance agreement, fails to inject the required amount of match into the project as specified in the executed contract and assistance agreement, or ceases operations at the Project Site. The assisted business agrees that the Montana Department of Commerce and the Montana Department of Revenue may share financial and tax information related to this application. Name (typed): Assisted Business Title (typed): Authorized Representative Signature: X Date: 136 Memorandum REPORT TO:City Commission FROM:Jesse DiTommaso, Economic Development Specialist Brit Fontenot, Economic Development Director SUBJECT:Resolution 5459 Supporting the Application to the Big Sky Economic Development Trust Fund Program Administered by the Montana Department of Commerce, on Behalf of Bridger Photonics MEETING DATE:November 22, 2022 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Resolution 5459 Supporting the Application to the Big Sky Economic Development Trust Fund Program Administered by the Montana Department of Commerce, on Behalf of Bridger Photonics STRATEGIC PLAN:2.1 Business Growth: Support retention and growth of both the traded and local business sectors while welcoming and encouraging new and existing businesses, in coordination with the Economic Development Plan. BACKGROUND:The Montana Department of Commerce administers the Big Sky Economic Development Trust Fund Category I job creation program. This State-funded program is intended to incentivize the creation of net new higher paying jobs; also a Bozeman City Commission priority. The local governing body is required to apply for the grant on behalf of the business recipient as a co- applicant with the local Certified Regional Development Corporation (CRDC). The Prospera Business Network is local CRDC which includes Gallatin County. Should the grant be awarded, staff recommends that the City Commission appoint The Prospera Business Network, our local CRDC, to administer all aspects of the grant on behalf of the City of Bozeman. Bridger Photonics creates and deploys innovative LiDAR sensors and analytics to solve impactful industrial challenges. They are mission-driven and passionate about continually improving their technology, analytics, and customer experience. Bridger is made up of scientists, engineers, analysts, and hard-working folks looking to make an impact using state-of-the-art technology. A majority of the focus at Bridger Photonics is on Gas Mapping LiDAR, a state-of-the-art methane emissions detection technology. Gas Mapping LiDAR is revolutionizing the industry by providing a new method of leak detection that is efficient yet effective. Most aerial methods do not use the sensitivity to catch as many emissions as we do, nor do they provide as robust of data products. 137 UNRESOLVED ISSUES:None. ALTERNATIVES:As recommended by the City Commission. FISCAL EFFECTS:If the application is successful, Bridger Photonics may be awarded up to $5,000 per net new job with a target of sixty (60) net new jobs over the next twenty-four (24) months for a total grant award, if all sixty (60) proposed new jobs are filled, of $300,000. It is important to note that the Big Sky Trust Fund support provided by the City of Bozeman, in longstanding partnership with Prospera, is not without financial risk, although the City and Prospera work closely together with the assisted business to minimize the risk. If the number of jobs identified in the contract is not filled by the assisted business, but grant dollars are received by the assisted business, the contract between the assisted business and the City of Bozeman contains the following financial restoration sections: Section 8 Conditions on Method of Reimbursement: If the Assisted Business creates an eligible new job but fails to sustain that job for the requisite duration, then the Contractor shall reimburse the Department all funds received for that job. If the Assisted Business fails to create the required number of jobs, then the Contractor shall reimburse the Department the difference between the total amount advanced and the amount attributable to actual jobs created. If the Assisted Business ceases operation at the Project Site, then the Contractor shall reimburse the Department all funds received under this Contract. AND Section 3 Compensation and Consideration: c. The Assisted Business agrees that if the local government or tribal government request the funds before the jobs are created, and the Department agrees to that request, the local or tribal government and the assisted business receiving BSTF financial assistance are liable for the full amount of the award that is advanced by the Department, if the assisted business: a. Fails to create or maintain the number of net new eligible jobs as specified in the executed contract and assistance agreement, or b. Fails to inject the required amount of match into the project as specified in the executed contract and assistance agreement. Additionally the Department may recapture funds if: a. At the end of the contract period the Department has overpaid based on the number of net new jobs at the end of the contract period. b. The business ceases operations at the Project Site within the contract period. The City of Bozeman is the guarantor of BSTF grants and is ultimately 138 responsible for any defaults. In partnership with the Department of Commerce and Prospera, the City has supported multiple BSTF assisted businesses. Attachments: Attachment 1 CC Resolution 5459 Bridger Photonics BSTF application.pdf Bridger Photonics Cert Form.pdf Report compiled on: November 9, 2022 139 RESOLUTION 5459 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO THE APPLICATION TO BIG SKY ECONOMIC DEVELOPMENT TRUST FUND PROGRAM ADMINISTERED BY THE STATE OF MONTANA, DEPARTMENT OF COMMERCE, ON BEHALF OF BRIDGER PHONOTICS, INC [BRIDGER PHOTONICS]. WHEREAS, the Bozeman City Commission is committed to facilitating economic diversification in the City and the region; and WHEREAS, the Bozeman City Commission is committed to facilitating mid- and high- wage job creation and expansion, thus positively impacting the economy of the entire region; and WHEREAS, Bridger Photonics, desires to expand their business and create additional technology jobs in Bozeman; and WHEREAS, the City Commission has determined that technology has high growth potential, supports mid to high wage jobs and supports economic diversity; and WHEREAS, the Montana Department of Commerce administers the Big Sky Economic Development Trust Fund Category I job creation program, a state-funded program, to create good paying jobs for Montana residents, promote long-term, stable economic growth in Montana, create partnerships, expand existing businesses and provide a better life for future generations through greater economic growth and prosperity; and WHEREAS, the City Commission hereby authorizes and appoints The Prospera Business Network to administer, on behalf of the City of Bozeman, all aspects of the Big Sky Trust Fund Economic Development Category I grant and provide administrative support and other responsibility for the management and appropriate reporting to the Montana Department of Commerce. 140 NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, the City agrees to submit an application, through The Prospera Business Network, to the Montana Department of Commerce, Big Sky Economic Development Trust Fund Program to assist Bridger Photonics in their expansion project and that The Prospera Business Network will manage all aspects of the grant. PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 22nd day of November, 2022. CYNTHIA L. ANDRUS Mayor ATTEST: Mike Maas City Clerk APPROVED AS TO FORM: GREG SULLIVAN City Attorney 141 DocuSign Envelope ID: 27BBC551-4C65-4236-B539-C41 A3E4DDFCB VIII.CERTIFICATION BY LOCAL GOVERNMENT AND BUSINESS As the responsible authorized agents of Local or Tribal Government Applicant: Prospera Business Network , and Applicant Business: - Bridger Photonics, Inc. , we hereby submit this Big Sky Economic Development Trust Fund Application. The information presented in this application is, to the best of our knowledge, true, complete and accurately represents the proposed project. We understand that additional information and documentation may be required. In addition, we understand that the local or tribal government applicant and the assisted business receiving BSTF financial assistance are liable for the full amount of the award that is advanced by the Department if the assisted business: misrepresents itself or its claims, fails to create or maintain the number of net new eligible jobs as specified in the executed contract and assistance agreement, fails to inject the required amount of match into the project as specified in the executed contract and assistance agreement, or ceases operations at the Project Site. Iii The Applicant designates Prospera Business Network (Name and Phone number) as the authorized contact for any additional Department requests for the release of additional information regarding this application for BSTF funds. Local or Tribal Government Applicant: City of Bozeman will accept responsibility for management of the project and compliance with Big Sky Economic Development Trust Fund regulations. Applicant Business: Bridger Photonics, Inc. . will accept responsibility for compliance with applicable Big Sky Economic Development Trust Fund regulations as specified in this application. Name (typed): Title (typed): Signature: Date: Local or Tribal Government Chief Elected Official X As the responsible authorized agents of the Assisted Business: _B_r_id ...... Q._e_r_P_h_o_to_n_i_cs_.,_l _n_c_. _________ , we hereby submit this Big Sky Economic Development Trust Fund Application. The information presented in this application is, to the best of our knowledge, true, complete and accurately represents the proposed project. We understand that additional information and documentation may be required. In addition, we understand that the local or tribal government applicant and the assisted business receiving BSTF financial assistance are liable for the full amount of the award that is advanced by the Department if the assisted business: misrepresents itself or its claims, fails to create or maintain the number of net new eligible jobs as specified in the executed contract and assistance agreement, fails to inject the required amount of match into the project as specified in the executed contract and assistance agreement, or ceases operations at the Project Site. The assisted business agrees that the Montana Department of Commerce and the Montana Department of Revenue may share financial and tax information related to this application. Name (typed): Assisted Business Pete Roos Title (typed): President & CEO Signature: Date: Authorized Representative DocuSigned by: X 11/1/ LULL D7E7445D ... Mayor of Bozeman Cyndy Andrus 142 Memorandum REPORT TO:City Commission FROM:Cynthia L. Andrus, Mayor SUBJECT:Proclaiming National Small Business Saturday MEETING DATE:November 22, 2022 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Proclaim National Small Business Saturday STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders. BACKGROUND:See Attached UNRESOLVED ISSUES:None ALTERNATIVES:None FISCAL EFFECTS:None Attachments: 2022 PROCLAMATION for Small Business Saturday.pdf Report compiled on: April 25, 2022 143 Proclamation to Recognize Small Business Saturday Whereas, the government of Bozeman, Montana, celebrates our local small businesses and the contributions they make to our local economy and community, and Whereas, according to the United States Small Business Administration, there are 32.5 million small businesses in the United States, small businesses represent 99.7% of firms with paid employees, and small businesses are responsible for 62% of net new jobs created since 1995, and Whereas, small businesses employ 46.8% of the employees in the private sector in the United States; and Whereas, consumers who shopped on Small Business Saturday recognize the positive social, economic, and environmental impact they can make by shopping at small, independently-owned businesses and agree that small businesses are essential to their community; and Whereas, 79% of consumers understand the importance of supporting the small businesses in their community on Small Business Saturday®, 70% report that the day makes them want to encourage others to Shop Small®, independently-owned retailers, and 66% report that the day makes them want to Shop Small all year long; and Whereas, 58% of shoppers reported they shopped online with a small business, and 54% reported they dined or ordered takeout from a small restaurant, bar, or café on Small Business Saturday in 2021; and Whereas, the city of Bozeman supports our local businesses that create jobs, foster our local economy, and preserve and enhance our community, and Whereas, advocacy groups and public and private organizations across the country have endorsed the Saturday after Thanksgiving as Small Business Saturday. Now, Therefore, I, Cynthia Andrus, Mayor of Bozeman, Montana, do hereby proclaim, November 26, 2022, as SMALL BUSINESS SATURDAY And urge the residents of our community and communities across the country to support small businesses and merchants on Small Business Saturday and throughout the year. _________________________________ Signed and Proclaimed this 22nd day of November 2022 Cynthia L. Andrus Mayor Bozeman, Montana 144 Memorandum REPORT TO:City Commission FROM:Tom Rogers, Senior Planner Anna Bentley, Director of Community Development SUBJECT:Continuation of 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 Rights-of-way from NEHMU (Northeast Historic Mixed Use) to B-2M (Community Business District Mixed) MEETING DATE:November 22, 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 22218 and move to approve the Cloverleaf 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 owners, Bronken’s Distributing, Box 188, Bozeman, MT 59771, and applicant Cloverleaf LLC, Box 161236, Big Sky, MT 59716 submitted an application to rezone a city block totaling 3.1995 acres from NEHMU (Northeast Historic Mixed Use) to B-2M (Community Business-Mixed). The property currently hosts variety of existing buildings primarily supporting Bronken’s Distributing. No future development plans or indication of future development plans were submitted with the application. The property is a central component of the NEHMU zoning district, see Section 2: Map Series. The intent of the northeast historic mixed-use district is to provide recognition of an area that has developed with a blend of uses not commonly seen under typical zoning requirements. The unique qualities and nature of the area are not found elsewhere in the city and should be preserved as a place offering additional opportunities for creative integration of land uses. Both the NEHMU and B-2M districts are classified as commercial and mixed- 145 use districts. The intent and purposes of the commercial zoning districts are to establish areas within the city that are primarily commercial in character and to set forth certain minimum standards for development within those areas. The purpose in having more than one commercial district is to provide opportunities for a variety of employment and community service opportunities within the community, while providing predictability. There is a rebuttable presumption that the uses set forth for each district will be compatible with each other both within the individual districts and to adjoining zoning districts when the standards of this chapter are met and any applicable conditions of approval have been satisfied. Additional requirements for development apply within overlay districts. The proposed change from NEHMU to B-2M in building form and permitted uses is considerable. Differentiating these districts creates a complex tapestry of divergent scale and use. Never-the-less, the primary differences relate to residential and commercial intensity. Please refer to Appendix C for a complete of permitted uses. NEHMU follows the R-2 zoning designation for permitted residential uses. The property is within the Northeast Neighborhood Association boundary and the Neighborhood Conservation Overlay District. The southern edge of the property is bounded by East Peach Street. East Peach Street is a designated Collector street according to the Bozeman Area Transportation Plan, 2007 Update. All other streets are considered local streets. During the development and adoption of the Bozeman Community Plan 2020 (BCP 2020) the underlying Future Land Use designation was modified from Industrial to Community Commercial Mixed Use. This action paved the way for subsequent zoning changes that differ from the prevailing historical uses of the area and indicate a shift in character over time. Both NEHMU and B-2M are implementing districts of the CCMU future land use designation. On November 1, 2022 the Commission considered the Cloverleaf Zone Map Amendment. Commissioner Coburn was absent from the meeting with an excused absence. After considering the staff report, applicant submittal, public comment, Zoning Commission recommendation, and all information presented the Commission voted (2:2) to approve the application. Pursuant to Commission rule's the Commission voted to close the public hearing and continue consideration of the matter until a date certain (November 22, 2022) to allow the absent Commissioner Coburn to hear the recorded deliberations, ask any questions of staff and the applicant, and vote on the application. UNRESOLVED ISSUES:There are no identified conflicts on this application at this time. ALTERNATIVES:1. Approve the application with contingencies as presented; 2. Approve the application with modifications to the recommended zoning; 3. Deny the application based on findings of non-compliance with the 146 applicable criteria contained within the staff report; or 4. Open and continue the public hearing, with specific direction to staff or the applicant to supply additional information or to address specific items. FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this zone map amendment. Attachments: 22218 Cloverleaf ZMA CC SR.pdf Report compiled on: October 21, 2022 147 Page 1 of 40 22218, Staff Report for the Cloverleaf 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 3, 2022 at 6:00 pm. City Commission public hearing will be held on November 1, 2022 at 6:00 pm. Project Description: 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). Project Location: The property is block bounded by East Cottonwood Street, Ida Avenue, East Peach Street, and Plum Avenue and more thoroughly described as Lot 1 – 8 and 11 – 28, Block 100, Northern Pacific Addition to the City of Bozeman, located in the Southeast One-Quarter (SE ¼) of Section 6, Township Two South (T2S), Range Six East (R6E), P.M.M., Gallatin County, Montana. Recommendation: Meets standards for approval Recommended Community Development Board Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 22218 and move to recommend approval of the Cloverleaf 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 22218 and move to approve the Cloverleaf Zone Map subject to contingencies required to complete the application processing. Report Date: October 20, 2022 Staff Contact: Tom Rogers, Senior Planner Lance Lehigh, City Engineer Agenda Item Type: Action – Legislative 148 22218 Staff Report for the Cloverleaf Zone Map Amendment Page 2 of 40 EXECUTIVE SUMMARY Unresolved Issues There are no identified conflicts on this application at this time. Project Summary The owners, Bronken’s Distributing, Box 188, Bozeman, MT 59771, and applicant Cloverleaf LLC, Box 161236, Big Sky, MT 59716 submitted an application to rezone a city block totaling 3.1995 acres from NEHMU (Northeast Historic Mixed Use) to B-2M (Community Business- Mixed). The property currently hosts variety of existing buildings primarily supporting Bronken’s Distributing. No future development plans or indication of future development plans were submitted with the application. The property is a central component of the NEHMU zoning district, see Section 2: Map Series. The intent of the northeast historic mixed-use district is to provide recognition of an area that has developed with a blend of uses not commonly seen under typical zoning requirements. The unique qualities and nature of the area are not found elsewhere in the city and should be preserved as a place offering additional opportunities for creative integration of land uses. Both the NEHMU and B-2M districts are classified as commercial and mixed-use districts. The intent and purposes of the commercial zoning districts are to establish areas within the city that are primarily commercial in character and to set forth certain minimum standards for development within those areas. The purpose in having more than one commercial district is to provide opportunities for a variety of employment and community service opportunities within the community, while providing predictability. There is a rebuttable presumption that the uses set forth for each district will be compatible with each other both within the individual districts and to adjoining zoning districts when the standards of this chapter are met and any applicable conditions of approval have been satisfied. Additional requirements for development apply within overlay districts. The proposed change from NEHMU to B-2M in building form and permitted uses is considerable. Differentiating these districts creates a complex tapestry of divergent scale and use. Never-the-less, the primary differences relate to residential and commercial intensity. Please refer to Appendix C for a complete of permitted uses. NEHMU follows the R-2 zoning designation for permitted residential uses. The property is within the Northeast Neighborhood Association boundary and the Neighborhood Conservation Overlay District. The southern edge of the property is bounded by East Peach Street. East Peach Street is a designated Collector street according to the Bozeman Area Transportation Plan, 2007 Update. All other streets are considered local streets. 149 22218 Staff Report for the Cloverleaf Zone Map Amendment Page 3 of 40 During the development and adoption of the Bozeman Community Plan 2020 (BCP 2020) the underlying Future Land Use designation was modified from Industrial to Community Commercial Mixed Use. This action paved the way for subsequent zoning changes that differ from the prevailing historical uses of the area and indicate a shift in character over time. Both NEHMU and B-2M are implementing districts of the CCMU future land use designation. 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. Application materials can be viewed on the City’s development map at the following link. https://weblink.bozeman.net/WebLink/Browse.aspx?startid=262655 No public comment has been received by the production of this report. Community Development Board (Zoning Commission) Summary The Community Development Board acting in their capacity as the Zoning Commission held a public hearing on October 3, 2022 and voted (5:3) to recommend approval of the requested zoning change to the City Commission. The Board acknowledged that recent development in the B-2M is mainly hosting residential use, not mixed-use as intended. There was a discussion on functionality and status of the streets adjacent to the property including the status of Front Street. It was also noted there are significant differences between NEHMU and B-2M. The primary reasoning the dissenting votes held were related to density and intensity and found the move from NEHMU to B-2M was a detriment to the progression of the character of the northeast neighborhood. A video recording of the meeting will be provided after the completion of the meeting. https://bozeman.granicus.com/player/clip/1233?view_id=1&redirect=true&h=523343071b14 2cd26dc6fbc6ba94a373 Time Stamp Staff Presentation 8:25 Applicant Presentation 30:30 Public Comment 53:26 Board Discussion 59:30 150 22218 Staff Report for the Cloverleaf Zone Map Amendment Page 4 of 40 Public comment was heard at the meeting. One commenter desired the preservation of the character of the area while acknowledging the area is changing and suggested the increase in building height would likely erode the character and views that are integral to the neighborhood. A second commenter stated support of the request and noted parking is already at a premium and intensification would likely exacerbate the situation. Alternatives 1. Approve the application with contingencies as presented; 2. Approve the application with modifications to the recommended zoning; 3. Deny the application based on findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing, with specific direction to staff or the applicant to supply additional information or to address specific items. 151 22218 Staff Report for the Cloverleaf Zone Map Amendment Page 5 of 40 TABLE OF CONTENTS EXECUTIVE SUMMARY.......................................................................................................2 Unresolved Issues................................................................................................................2 Project Summary .................................................................................................................2 Community Development Board (Zoning Commission) Summary....................................3 Alternatives..........................................................................................................................4 SECTION 1 - MAP SERIES.....................................................................................................6 SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT ...11 SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS.......................................12 SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS............13 Section 76-2-304, MCA (Zoning) Criteria........................................................................13 PROTEST NOTICE FOR ZONING AMENDMENTS..........................................................26 APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND...............27 APPENDIX B - NOTICING AND PUBLIC COMMENT.....................................................28 APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING....................28 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF ............................41 FISCAL EFFECTS..................................................................................................................41 ATTACHMENTS....................................................................................................................41 152 Page 6 of 40 SECTION 1 - MAP SERIES Figure 1: Vicinity Map (2021 image) Subject properties Peach Street 153 22218 Staff Report for the Cloverleaf Zone Map Amendment Page 7 of 40 Figure 2: Future Land Use Designations (2021 image) Urban Neighborhood Industrial M-1 Community Commercial Mixed Use Public Institutions Community Commercial Mixed Use Urban Neighborhood Urban Neighborhood 154 22218 Staff Report for the Cloverleaf Zone Map Amendment Page 8 of 40 Figure 3: Current Zoning Map (2021 image) R-O R-3 R-2 NEHMU M-2 PLI M-1 M-1 155 22218 Staff Report for the Cloverleaf Zone Map Amendment Page 9 of 40 Figure 4: Applicant Proposed Zoning Map 156 22218 Staff Report for the Cloverleaf Zone Map Amendment Page 10 of 40 Figure 5: Current Land Use (2021 image) 157 Page 11 of 40 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 “Cloverleaf Zone Map Amendment”. 2. The applicant must submit a zone amendment map, titled “Cloverleaf 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. Advisory Comments 1. BMC 38.400.010. All streets must comply with the adopted growth policy and/or transportation plan. Plum Avenue and Ida Avenue are local streets and require 60 feet of right-of-way with boulevards and sidewalks. Diagonal parking will require additional right-of-way. Upon future subdivision or site plan development the applicant must provide the required right-of-way and comply with the local street standards. 2. BMC 38.400.010.A.13. The alignment of all streets must provide adequate site distances based on design operating speeds. With future development the applicant is advised to consider how moving vehicles, street parking and accesses will interact with the chicane on Cottonwood Street. 3. BMC 38.410.040. Blocks must be designed to ensure a high level of multimodal connectivity, traffic safety, and ease of traffic control and circulation; to accommodate the special needs of the use contemplated; and to take advantage of the limitations and opportunities of the topography. With future development the applicant is advised to consider pedestrian movement, solid waste access, snow removal and utility location with the design. 4. Design Specification & Standards Policy (DSSP) V.B. The minimum diameter sewer main is 8 inches. Sewer lines shall be sized to flow at no more than 75-percent of full capacity at peak hour conditions upon the full build-out of the development. The effects of the proposed development sewer loading on downstream sewer lines shall be analyze upon 158 22218 Staff Report for the Cloverleaf Zone Map Amendment Page 12 of 40 future development. The sewer main in Cottonwood Street is 6 inches and will need to be upgraded upon future development. 5. DSSP V.A. Upon future development, a water main will be required to be installed in Plum Street between Cottonwood Street and Peach Street to satisfy the looping requirement. 6. DSSP V.D.5. Alley ways may be necessary with future development for internal water and sewer lines. A thirty foot utility easement is required for one or two utility mains located outside the public right-of-way. At no time will the utility line be less than nine feet from the edge of the easement or less than ten feet from a parallel utility line. 7. BMC 38.410.060. Ten foot front setback utility easements must be provided with future development. Side and rear setback utility easements may be required. The applicant is advised to consult with Northwestern Energy early in the process to determine how to adequately serve the proposed development. 8. BMC 38.410.080. Upon future development, stormwater storage facilities cannot be located in the public right-of-way. Stormwater storage facilities serving multiple lots must be located in a common stormwater lot and not on a private lot. 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. The DRC identified infrastructure deficiencies and challenges that may impede future development allowed by the B-2M zoning but not approval of the application. Please see the advisory comment sin in this report. The Community Development Board acting in their capacity as the Zoning Commission will hold a public hearing on this zone map amendment on October 3, 2022 and will forward its recommendation to the City Commission on the zone map amendment. The meeting will begin at 6 p.m. in the Commission Room at City Hall, 121 N. Rouse Ave, Bozeman, Montana. Members of the public will also be able to participate remotely via WebEx. Instructions for joining the WebEx meeting will be included on the meeting agenda which is published on the City’s website at least 48 hours prior to the meeting. The City Commission will hold a public meeting on the zone map amendment on November 1, 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. 159 22218 Staff Report for the Cloverleaf Zone Map Amendment Page 13 of 40 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.” 160 22218 Staff Report for the Cloverleaf Zone Map Amendment Page 14 of 40 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 the B-2M district is an implementing district of the Community Commercial Mixed-Use category. 161 22218 Staff Report for the Cloverleaf Zone Map Amendment Page 15 of 40 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 have not 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, “Yes, the zone amendment to B-2M zoning is in compliance with the growth policy. The Future Land Use Map in the Bozeman Community Plan 2020 designates the property Community Commercial Mixed Use. This designation is appropriate for B-2M zoning designation, as shown on the Correlation with Zoning table within the Community Plan. The proposed map amendment from NEHMU to B-2M would allow for similar uses in the current NEHMU, and also provide for apartment buildings, additional retail space, 162 22218 Staff Report for the Cloverleaf Zone Map Amendment Page 16 of 40 while reducing the uses related to manufacturing and outdoor storage. The form and intensity standards of the B-2M reflect the intent to encourage a mixed business district. The intent of the Community Commercial Mixed-Use category is to promote commercial areas needed for economic health, including a scale appropriate to neighborhood development. Commercial development within neighborhoods supports the nearby residential uses and gives identify to neighborhoods, provides employment, and offers services.” The applicant continues to suggest numerous goals and objectives that are broadly served with this application. Staff is in general agreement with the list but note a goals and objectives are only marginally promoted by the application. These include: Goal N-1: Support well, planned, walkable Communities. N-1.1 Promote housing diversity, including missing middle housing. N-1.11 Enable a gradual and predictable increase in density in developed areas over time. The mixed-use nature of the B-2M district is supportive of walkable communities. It provides an opportunity for a variety of housing types, as well as commercial uses. The variety of housing options increases the opportunity for projects to develop housing and commercial uses within a single project. The B-2M district allows for a more intensive development than NEHMU with greater permitted building heights. This will enable a gradual and predictable increase in density within the area. Goal N-2: Pursue simultaneous emergence of commercial nodes and residential development through diverse mechanisms in appropriate locations. N-2.1 Ensure the zoning map identifies locations for neighborhood and community commercial nodes early in the development process. N-2.2 Revise the zoning map to support higher intensity residential districts near schools, services, and transportation. N-2.3 Investigate and encourage development of commerce concurrent with, or soon after, residential development. The B-2M district promotes the development of commercial nodes and supports higher intensity residential uses. Goal DCD-2: Encourage growth throughout the City, while enhancing the pattern of community development oriented on centers of employment and activity. Support an increase in development intensity within developed areas. DCD-2.2 Support higher density development along main corridors and at high visibility street corners to accommodate population growth and support businesses. 163 22218 Staff Report for the Cloverleaf Zone Map Amendment Page 17 of 40 DCD-2.5 Identify and zone appropriate locations for neighborhood-scale commercial development. The B-2M district supports higher density and mixed used developments at the neighborhood scale. The property highlighted in this application is located adjacent to Peach Street, which is designated a collector street and would be considered a main corridor. Goal M-1: Ensure multimodal accessibility. M-1.1Prioritize mixed-use land use patterns. Encourage and enable the development of housing, jobs, and services in close proximity to one another. The B-2M districts is designed as a mixed-use district. Development that is consistent with the B-2M intent and permitted uses encourage development to be built at densities that support multimodal transportation and adjacency of housing, jobs, and services Staff concurs with a number of these identified goals and objectives. However, some of the listed goals and objectives are not supported. Only one street is a designated Collector (not arterial), is not near a commercial node or an area served by transit. On the other hand, 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. While it may be seen a detriment to the character of the NEHMU area it should serve as a catalyst for redevelopment of the site. 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. See Appendix C for more information on permitted and special uses in the B-2M district. No conflicts with the Growth Policy have been identified. In conclusion, taken as a whole staff finds the proposed B-2M zoning is in conformance with the Bozeman Community Plan, 2020. 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 NEHMU to B-2M is not likely to adversely impact safety from fire and other dangers. 164 22218 Staff Report for the Cloverleaf Zone Map Amendment Page 18 of 40 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. The B-2M district allows residential use as a permitted use up to 100 percent of a building. The proximity to active rail lines, industrial uses of storage, transportation, and manufacturing of goods, and an Environmental Protection Agency Idaho Superfund site may create unique challenges to ensure the health and safety of future residence. Bozeman Idaho Pole Site information. The property boundary is more than 525 feet linear feet from the edge of the site. The physical distance coupled with the intermediary properties, ongoing monitoring efforts, remediation requirements, building restrictions, and barriers will likely be sufficient to ameliorate any possible health concerns. In addition to the Idaho Pole site proximity an active rail line is approximately 225 linear feet from the train track. According to Montana Rail Link (MRL) approximately 20 trains per day pass through this site with additional capacity available on the tracks and about 32 percent of their shipment loads are for coal. There is evidence that links coal dust with adverse health issues. Locating residential use in close 165 22218 Staff Report for the Cloverleaf Zone Map Amendment Page 19 of 40 proximity to a rail line with frequent coal trains may increase the possibility of exposure to known health risks. However, distance coupled with two rights-of-ways, buildings, and other activities will reduce any possible risks. An additional argument can be made that this location, near multiple breweries, may reduce impaired driving if future development includes a residential component. 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, 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 if a residential component is included. The subject properties are within the City’s land use, transportation, parks, and utility planning areas. Those plans show this property as developing within the City when development is proposed. As stated in 38.300.020.C, the designation of a zoning district does not guarantee approval of new development until the City verifies the availability of needed infrastructure. 38.300.020.C, “Placement of any given zoning district on an area depicted on the zoning map indicates a judgment on the part of the city that the range of uses allowed 166 22218 Staff Report for the Cloverleaf Zone Map Amendment Page 20 of 40 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.” The aforementioned code section is important in this case. The site has development restrictions due to inadequacy of existing transportation systems. Substantial street improvements will be required with further development including right-of-way acquisition to meet minimum City standards. In addition, there are existing constraints that will create unique development challenges such. See advisory comments in Section 2 of this report. Residential uses require parkland. It is undetermined where parkland and/or playgrounds would be sited in this historically industrial area with limited appropriate open space and park areas. Currently, the only open areas are in close proximity to the rail road and the superfund site which may not be the most appropriate location for recreation. The Northern Pacific pocket park and the Northeast Neighborhood Park are the closest parks to the site. There is access to the City’s trail system although not all residents have suitable mobility to fully use these amenities. Needs and utilization of parkland vary by user. 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. Staff agrees with the applicant’s statement that, “The City’s transportation plan is used to evaluate transportation needs over the long term across the municipal area to account for the impacts of motorized vehicles as well as bikes and pedestrians. The parks and trails 167 22218 Staff Report for the Cloverleaf Zone Map Amendment Page 21 of 40 plans also examine and specify options for extensions of the existing trail network through this site. Future site development will examine impacts on the transportation network, parks, and trails system, and municipal facilities. Furthermore, these future development reviews will ensure that development under the new zoning will comply with the City’s standards for the provision of onsite parking for bicycles and vehicles, as well as the requirements for onsite circulation. Traffic impacts will be studied by the development team to demonstrate compliance with the City’s long-range transportation plans. Future project development will ensure compliance with the acceptable traffic limits identified in the transportation plans, as well as provide for the dedication of rights of way, construction or reconstruction of streets and trails, payment of impact fees, and other contributions as will be applicable to this project. 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. The existing industrial and warehouse uses create traffic, however, future development will likely 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 65 and a Transit score of 23. 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. 168 22218 Staff Report for the Cloverleaf Zone Map Amendment Page 22 of 40 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 in the BCP 2020. 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. 169 22218 Staff Report for the Cloverleaf Zone Map Amendment Page 23 of 40 The applicant provides additional support by stating, “The designation this site as B-2M offers additional design flexibility to and will offer future development to unfold compatible with development adjacent to the existing zones. The flexibility offered by B-2M 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.” In general the northeast area part of town is evolving. Historically many businesses and uses were related and dependent on rail access. As rail access became less viable uses have shifted. To illustrate the changing nature of the area examples include the approved Cottonwood and Ida Planned Unit Development, the Mountains Walking zoning change from M-1 to B-2M, the change in the future land use map from Industrial to Community Commercial Mixed in the recently adopted BCP 2020, and the recent approval of the Block 104 ZMA changing zoning from M-1 to B-2M. It would be difficult to find the proposed zoning change is not compatible urban growth based on the intent of the NEHMU district, evolving character of the area, and other approved developments in the vicinity. The intent states, “… The unique qualities and nature of the area are not found elsewhere in the city and should be preserved as a place offering additional opportunities for creative integration of land uses. The intent of this area is to allow private and case-by-case determination of the most appropriate use of land in a broad range of both non-residential and residential uses. Although not within the NEHMU district the recently approved Block 104 ZMA modifying zoning from M-1 to B-2M, and the Wildlands mixed-use building being constructed over the existing Brown Building (Wild Crumb & Finks Deli) which includes a parking structure, commercial space, residential uses in a three story building. H. Character of the district. Neutral. 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. 170 22218 Staff Report for the Cloverleaf Zone Map Amendment Page 24 of 40 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 uphold the unique character of the area. The site has an existing commercial/warehouse buildings, parking, and exterior storage. There are a wide variety of uses adjacent to the site including warehousing, entertainment venues, residential, restraint, 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. Northeast historic mixed-use district—intent and purpose. 1. The intent of the northeast historic mixed-use district is to provide recognition of an area that has developed with a blend of uses not commonly seen under typical zoning requirements. The unique qualities and nature of the area are not found elsewhere in the city and should be preserved as a place offering additional opportunities for creative integration of land uses. The intent of this area is to allow private and case-by-case determination of the most appropriate use of land in a broad range of both non- residential and residential uses. Standards for buffering between different land uses are deliberately not as high as standards elsewhere in the community as it is assumed that persons choosing to locate in this area are aware of the variety of possible adjacent land uses and have accepted such possibilities as both acceptable and desirable. It is expected that the lots within this district will continue to develop under a variety of uses which may increase or decrease in scope in any given portion of the district. 2. The clear intent of this district is to support a mix and variety of non-residential and residential uses. Nothing in division 38.300 of this article shall be interpreted to be discouraging or prejudicial to any listed use except as set forth as principal and conditional uses. Similar to criterion G above the area in question is evolving. Historically many businesses and uses were related and dependent on rail access. As rail access became less viable uses have shifted. To illustrate the changing nature of the area examples include the approved Cottonwood and Ida Planned Unit Development, the Mountains Walking zoning change from 171 22218 Staff Report for the Cloverleaf Zone Map Amendment Page 25 of 40 M-1 to B-2M, the change in the future land use map from Industrial to Community Commercial Mixed in the recently adopted BCP 2020, the recently approved Block 104 ZMA modifying zoning from M-1 to B-2M, and the Wildlands mixed-use building being constructed over the existing Brown Building (Wild Crumb & Finks Deli) which includes a parking structure, commercial space, residential uses in a three story building. See the Applicant Submittal for additional discussion. I. Peculiar suitability for particular uses. Neutral. 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 a robust transportation system, 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 similar configuration of uses as the surrounding area, even though the B-2M district is a more intensive district than the existing NEHMU zoning generally allows. As shown in Figure 4, the property is bounded by NEHMU zoning on the north and west, M- 1 to the east, and R-2 on 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 west. Final determination of suitability will occur during the site development process. As noted under criterion C Promote public health, public safety, and general welfare, the B- 2M district allows residential use as a permitted use up to 100 percent of a building. The proximity to active rail lines, industrial uses of storage, transportation, and manufacturing, and an Environmental Protection Agency Idaho Superfund site may create unique challenges to ensure the health and safety of future residence these can be mitigated as discussed above and through the quiver of tools to at the City’s disposal to ensure all known impacts from internal and external to a development are mitigated. J. Conserving the value of buildings. Criterion met. The site hosts a variety of commercial buildings and parking. 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 will likely 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. 172 22218 Staff Report for the Cloverleaf Zone Map Amendment Page 26 of 40 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 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 Bozeman Community Plan illustrates the most appropriate use of the land. In this case Community Commercial Mixed Use development has been identified by the community as the most appropriate types of development for the property. The Unified Development Code contains standards, protections and review processes to ensure the land is developed in ways that protect and promote public health, safety, and general welfare.” PROTEST NOTICE FOR ZONING AMENDMENTS IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION. The City will accept written protests from property owners against the proposal described in this report until the close of the public hearing before the City Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property within the area affected by the proposal or by owner(s) of real property that lie within 150 feet of an area affected by the proposal. The protest must be in writing and must be signed by all owners of the real property. In addition, a sufficient protest must: (i) contain a description of the action protested sufficient to identify the action against which the protest is lodged; and (ii) contain a statement of the protestor's qualifications (including listing all owners of the property and the physical address and legal description of the property), to protest the action against which the protest is lodged, including ownership of property affected by the action. Signers are encouraged to print their names after their signatures. A person may in writing withdraw a previously filed protest at any time prior to final action by the City Commission. Protests must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230. 173 22218 Staff Report for the Cloverleaf Zone Map Amendment Page 27 of 40 APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND A zone map amendment requesting amendment of the City Zoning Map for a city block consisting of approximately 3.1995 acres from NEHMU (Northeast Historic Mixed Use) to B- 2M (Community Business-Mixed). The property currently hosts variety of existing buildings primarily supporting Bronken’s Distributing. No future development plans or indication of future development plans were submitted with the application. The property is a central component of the NEHMU zoning district, see Section 2: Map Series. The intent of the northeast historic mixed-use district is to provide recognition of an area that has developed with a blend of uses not commonly seen under typical zoning requirements. The unique qualities and nature of the area are not found elsewhere in the city and should be preserved as a place offering additional opportunities for creative integration of land uses. Both the NEHMU and B-2M districts are classified as commercial and mixed-use districts. The intent and purposes of the commercial zoning districts are to establish areas within the city that are primarily commercial in character and to set forth certain minimum standards for development within those areas. The purpose in having more than one commercial district is to provide opportunities for a variety of employment and community service opportunities within the community, while providing predictability. There is a rebuttable presumption that the uses set forth for each district will be compatible with each other both within the individual districts and to adjoining zoning districts when the standards of this chapter are met and any applicable conditions of approval have been satisfied. Additional requirements for development apply within overlay districts. The proposed change from NEHMU to B-2M in building form and permitted uses is considerable. Differentiating these districts creates a complex tapestry of divergent scale and use. Never-the-less, the primary differences relate to residential and commercial intensity. Please refer to Appendix C for a complete of permitted uses. NEHMU follows the R-2 zoning designation for permitted residential uses. The property is within the Northeast Neighborhood Association boundary and the Neighborhood Conservation Overlay District. The southern edge of the property is bounded by East Peach Street. East Peach Street is a designated Collector street according to the Bozeman Area Transportation Plan, 2007 Update. All other streets are considered local streets. During the development and adoption of the Bozeman Community Plan 2020 (BCP 2020) the underlying Future Land Use designation was modified from Industrial to Community Commercial Mixed Use. This action paved the way for subsequent zoning changes that differ from the prevailing historical uses of the area and indicate a shift in character over time. Both NEHMU and B-2M are implementing districts of the CCMU future land use designation. 174 22218 Staff Report for the Cloverleaf Zone Map Amendment Page 28 of 40 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 25, 2022. The Community Development Board hearing is scheduled for October 3, 2022 and the City Commission public hearing is scheduled for November 1, 2022. No written public comment has been received on this application at the time of writing this report. 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 175 22218 Staff Report for the Cloverleaf Zone Map Amendment Page 29 of 40 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”. 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”. 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 176 22218 Staff Report for the Cloverleaf Zone Map Amendment Page 30 of 40 Commercial Mixed Use Industrial B-1 1 B-2 B-2M B-3 UMU REM U NEHMU 2 BP M-1 M-2 PLI 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 — 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 — — — — — — 177 22218 Staff Report for the Cloverleaf Zone Map Amendment Page 31 of 40 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. 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 178 22218 Staff Report for the Cloverleaf Zone Map Amendment Page 32 of 40 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. Zoning Districts Commercial Mixed Use Industrial Uses B-1 1 B-2 B-2M B-3 UMU REMU NEHMU 2 BP M-1 M-2 PLI Personal and general service Animal shelters — — — — — — C — S S — Automobile washing establishment* — P P C C C P — P P — 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 — 179 22218 Staff Report for the Cloverleaf Zone Map Amendment Page 33 of 40 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 — — — — — 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 180 22218 Staff Report for the Cloverleaf Zone Map Amendment Page 34 of 40 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. Zoning Districts Commercial Mixed Use Industrial Uses B-1 1 B-2 B-2M B-3 UMU REMU NEHMU 2 BP M-1 M-2 PLI 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 — 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 — — — — 181 22218 Staff Report for the Cloverleaf Zone Map Amendment Page 35 of 40 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 — — — — — 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. 182 22218 Staff Report for the Cloverleaf Zone Map Amendment Page 36 of 40 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. Zoning Districts Commercial Mixed Use Industrial Uses B-1 1 B-2 B-2M B-3 UMU REMU NEHMU 2 BP M-1 M-2 PLI 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 — 183 22218 Staff Report for the Cloverleaf Zone Map Amendment Page 37 of 40 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. 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. Zoning Districts Uses Commercial Mixed Use Industrial PLI 184 22218 Staff Report for the Cloverleaf Zone Map Amendment Page 38 of 40 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 — — — — — 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 — 185 22218 Staff Report for the Cloverleaf Zone Map Amendment Page 39 of 40 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 — 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. 186 22218 Staff Report for the Cloverleaf Zone Map Amendment Page 40 of 40 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. APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF Owners: Bronken’s Distributing, Box 188, Bozeman, MT 59771 Applicant: Cloverleaf LLC, Box 161236, Big Sky, MT 59716 Representative: Sanderson Stewart, 106 E Babcock Street, Suite L1, 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=262655&cr=1 187 Memorandum REPORT TO:City Commission FROM:Chuck Winn, Assistant City Manager SUBJECT:Mobile Crisis Update and Work Session MEETING DATE:November 22, 2022 AGENDA ITEM TYPE:Administration RECOMMENDATION:Work session, no action required. Presentation will include City Management and Connections Health Solutions and will include time for Commission questions. STRATEGIC PLAN:3.2 Health & Safety Action: Work with our partners to improve education, public awareness, and to coordinate programs concerning emergency services, criminal justice, and important social services. BACKGROUND: The City has been actively involved in the Gallatin Behavioral Health Coalition working with partner agencies to enhance and implement an appropriate system of prevention, intervention, treatment, and rehabilitation for community members, so every person receives the right service in the right place, every time. A priority for this group, and the city and county, has been to develop a robust mobile crisis response capability to respond with law enforcement when needed, and independently when appropriate, to mental health emergencies in the field. The presentation tonight will focus on the important progress being made in this area. UNRESOLVED ISSUES:None ALTERNATIVES:As identified by Commission FISCAL EFFECTS:None Report compiled on: November 15, 2022 188 Memorandum REPORT TO:City Commission FROM:Melissa Hodnett, Finance Director Kaitlin Johnson, Budget Analyst John Alston, Director of Utilities Nicholas Ross, Director of Transportation and Engineering Lance Lehigh, Interim City Engineer SUBJECT:FY24-28 Capital Improvement Plan Presentation - Introduction & Public Works Funds MEETING DATE:November 22, 2022 AGENDA ITEM TYPE:Finance RECOMMENDATION:Listen to the presentation, ask questions, and provide comments and feedback. STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND: We are proud to present to you the City of Bozeman, 2024 - 2028 Capital Improvement Plan (CIP). This five-year Capital Improvement Plan (CIP) is a commitment to improving and maintaining the City of Bozeman’s infrastructure, facilities, parks and roads to aid in the vision of Bozeman being the most livable place. Staff have taken a lot of time and care in preparing this document and the proposed projects and plans. The CIP includes any planned expenditure of $25,000 or greater, that results in the acquisition of an asset with a useful life of 3 years or more, with a few exceptions such as large consulting services type projects. The five-year plan includes long-range plans for current facilities while balancing level of service standards, intergenerational equity, and potential rate/assessment impacts. The proposed plan can be found on the City’s website Under Finance and select Budget and Financial Reports at: https://www.bozeman.net/government/finance/budget-and-financial- reports. The CIP is presented in compliance with State and municipal code. State law requires the City to maintain a CIP for Development Impact Fee Funds. This 189 CIP provides the schedules and cost projections required under Montana Code Annotated (MCA) 7-6-1602(2). In Article 5.06 of the adopted City Charter, the City Manager is responsible for preparing and submitting a multi-year capital program to the City Commission no later than December 15th for the ensuing fiscal year. The CIP process begins in September of each year, when Finance works in coordination with City departments and the City Manager’s Office to recommend projects to the City Commission. The proposed CIP is developed in coordination with the City’s many long-range plans such as the Transportation Plan and the Water and Sewer Treatment and Collection Plan. Many of the City’s long-term plans establish level of service standards that are critical to planning for the needs of current and future City residents. In some cases, such as water quality and wastewater discharge, standards are established or guided by outside regulating bodies. Once identified, the 5-year CIP is presented to the Commission in stages which include public hearings and Commission input prior to the final adoption. 11/22/22- Introduction & Public Works Funds 12/6/22- General Fund and Other Special Revenue Funds 12/13/22- Resolution 5412 Adopting the FY24-FY28 CIP Adoption of the CIP does not provide budget authority or bind the City in any way to perform a particular project. The adopted CIP is used as a guide in January through June as City staff work through the fiscal year 2024 budget development process. During this time, departments will identify operational needs, Human Resources and Finance will assist with cost projections for next year, and more extensive financial modeling will occur to balance operational needs, capital needs and revenue projections and requirements. The result is the City Manager’s FY24 Recommended Budget which is typically presented to the City Commission in May and June and adopted in June. Public Works The Public Works Department, City Manager, and other city staff met September through October to develop the proposed Capital Improvement Plan (CIP) for the capital needs for the Public Works Department. Public Works oversees the majority of City infrastructure projects. Tonight, we are going to highlight major changes in the Public Works CIP in the following groupings: Overall highlights Arterial & Collector Fund, Street Impact Fee Fund, Street Maintenance Fund Wastewater Fund and Wastewater Impact Fee Fund Water Fund and Water Impact Fee Fund 190 The following funds will not be discussed in detail during the presentation but are included in the linked CIP document above. Staff will be prepared for any questions on these funds tonight. Public Works Admin Fund Solid Waste Fund Storm Water Fund Street & Curb Fund Vehicle Maintenance Fund Advisory Board Recommendations: The Transportation Advisory Board met on October 26, 2022 and supported the recommended CIP presented for the Street Impact Fee Fund, Street Maintenance Fund, Street Arterial & Collector Fund, and Street Reconstruction Fund. The Community Development Board met on November 7, 2022 and November 21, 2022 to review the Impact Fee Funds CIP. On November 7th, the board supported the proposed CIP for the Fire Impact Fee and Transportation Impact Fee Funds. The November 21st meeting will occur after the development of these materials and board support will be addressed in the Commission presentation. UNRESOLVED ISSUES: The planning process for capital purchases and capital infrastructure happens in many stages. The proposed 2024-2028 CIP is one of the first stages in that process. It is a planning document that will be used to guide future budgetary proposals but does not guarantee funding for any specific project. During budget development for fiscal year 2024, departments will be identifying operational needs that will require revenues in addition to this capital plan, and additional financial modeling will occur to balance projects, debt issuances and rate/assessment impacts. Projects will not be initiated unless funding is secured. ALTERNATIVES:If the Commission would like to make suggestions for changes to the planned CIP Work Sessions, please do so tonight. FISCAL EFFECTS:The City's Capital Improvement Plan is a mid-range plan, adopted annually that identifies five years plus of capital infrastructure projects, equipment purchases, and other capital purchases that have been identified to maintain or improve City services. The CIP is a planning document and will be used as a guide for future budgetary proposals, but it does not guarantee funding for any specific project or commit the City to future purchases. More extensive financial models and potential rate impacts will be analyzed during the fiscal year 2024 budget process and used to guide the City Manager's FY24 Recommended Budget. Report compiled on: November 7, 2022 191 192