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HomeMy WebLinkAbout11-21-22 CDB Agenda and Packet MaterialsA.Call to Order - 6:00 pm B.Disclosures C.Changes to the Agenda D.Public Comments This is the time to comment on any matter falling within the scope of the Community Development Board. There will also be time in conjunction with each agenda item for public comment relating to that item but you may only speak once. Please note, the Community Development Board cannot take action on any item which does not appear on the agenda. All persons addressing the Community Development Board shall speak in a civil and courteous manner and members of the audience shall be respectful of others. Please state your name and place of residence in an audible tone of voice for the record and limit your comments to three minutes. General public comments to the Board can be found in their Laserfiche repository folder. THE COMMUNITY DEVELOPMENT BOARD OF BOZEMAN, MONTANA CD AGENDA Monday, November 21, 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: 2557 790 9285 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 E.Action Items E.1 Staff Recommendations for Water and Wastewater Impact Fee Capital Improvement Projects (CIP) for Fiscal Years 2024-2028(Alston) E.2 Annexation application 22113 requesting annexation of 86.0 acres and amendment application 22113 to the City Zoning Map for the establishment of a zoning designation of REMU (Residential Emphasis Mixed-Use District).(Rogers) E.3 Zone Map Amendment requesting to modify the City's zoning map on approximately 40 acres from R-2 (Residential Moderate Density) and R-1 (Residential Low Density) to REMU (Residential Emphasis Mixed Use); Application 22279.(Rogers) F.FYI/Discussions F.1 Community Development Board Member Opportunity to Tour the Bridger View Neighborhood in January(Bentley) F.2 Upcoming Items Expected for December 5, 2022 Community Development Board Meeting(Saunders) G.Adjournment For more information please contact Anna Bentley, abentley@bozeman.net General information about the Community Development Board is available in our Laserfiche repository. This board generally meets the first and third Monday of the month from 6:00 pm to 8:00 pm. Citizen Advisory Board meetings are open to all members of the public. If you have a disability and require assistance, please contact our ADA coordinator, Mike Gray at 406-582-3232 (TDD 406-582- 2301). In order for the City Commission to receive all relevant public comment in time for this City Commission meeting, please submit via the Commission Comment Page or by emailing agenda@bozeman.net no later than 12:00 PM on the day of the meeting. Public comment may be made in person at the meeting as well. 2 Memorandum REPORT TO:Community Development Board FROM:John Alston, Director of Utilities Lance Lehigh, Interim City Engineer SUBJECT:Staff Recommendations for Water and Wastewater Impact Fee Capital Improvement Projects (CIP) for Fiscal Years 2024-2028 MEETING DATE:November 21, 2022 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Staff Recommendations for Water and Wastewater Impact Fee Capital Improvement Projects (CIP) for Fiscal Years 2024-2028. STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:The City staff has provided recommendations to the City Manager for Water and Wastewater Capital Improvement Projects (CIP) for fiscal years 2024 through 2028. Annual Water and Wastewater Impact Fee (WIF & WWIF) revenues have been estimated to increase at a rate of 3% per year across the proposed 5- year CIP. The FY24-28 CIP total five-year WIF & WWIF fund amounts are approximately $15 million and $8 million, respectively. City policy dictates that the proposed 5-yr CIP for each fund must be balanced. As presented in the attached documents, both the WIF & WWIF are balanced. It should be noted that funds from the City's water and wastewater enterprise fund will be utilized as appropriate to provide the non-capacity expanding "local share" portion of funding. Staff intends to seek cash-in-lieu from future development where applicable to replenish the "local share" portions of combined project funding to maximize the work we can bring to the public. Staff recognizes that the increasing cost of infrastructure coupled with the increased demand for major projects and a desire to reduce the cost of bringing homes affordably to market means that our City's needs can no longer be served only by fees and rates. To maintain a balanced budget and stable rates, outside funding sources and alternative financing practices may be necessary moving forward. Staff anticipates targeting both State and Federal infrastructure funding in order to supplement impact fees and rates as the City continues to aggressively grow. The 5-yr CIP presented here will 3 serve as a planning timeline needed by staff to know what funding sources to target and when. If additional support is not found, specific projects may be pushed further out or moved into the unscheduled timeframe as the 5-yr CIP progresses. Staff recommendations for the FY24-28 CIP focused on selecting projects that deliver the highest value to our residents, current and future. Projects were identified on the ability to support growth and maintain a consistent level of service across the community, which helps strengthen the City's goals of affordability and housing creation. Highlights of the FY24-28 WIF and WWIF CIP include the following: • WIF – Groundwater Well and Transmission • WIF – Davis Lane Water Improvements • WIF – Huffine/Laurel Parkway Water Improvements • WIF – Stucky and South 27th Water Improvements • WWIF - WRF Interceptor • WWIF - North Frontage Road Interceptor Further discussion of major projects will be included in the CD Board presentation. UNRESOLVED ISSUES:None ALTERNATIVES:None identified or recommended. FISCAL EFFECTS:The fiscal effects of the CIP will be generally addressed in the presentation. There are no specific fiscal effects of the Board's action. Attachments: Water_Impact_Fee_Fund_610 Watewater Impact Fee Fund 630 Report compiled on: November 16, 2022 4 Water Impact Fee Fund - 6102024-2028 Capital Improvement Program (CIP) Schedule100%100%0000100%0%0%0%1 %1 %0%0%$0.7M$0.4M$1.5M$10.5M$1.7M$67.5M $10.0M $20.0M $30.0M $40.0M $50.0M $60.0M $70.0M $80.0MFY24 FY25 FY26 FY27 FY28 Unscheduled2024-2028 Proposed CIPInfrastructureVehicles, Equipment & Other TotalBACKGROUND The Water Impact Fee Fund was created to fairly assign costs of services to those who require new public infrastructure and to limit unnecessary cost increases to existing rate payers. Impact Fees collected go towards funding capacity expanding capital projects for the water services provided to the city.The majority of projects in the Water Impact Fee fund have a portion that will support existing customers, and that portion of the project is included in the Water Fund CIP. The Water Impact Fee Capital Improvement Plan will be presented to the Community Development Board on November 21, 2022.MAJOR PROJECTSNew growth and development fueled the addition of three new projects in 2027 and 2028 compared to the prior capital plan, Davis Lane Water Improvements ($261K), Huffine/Laurel Water Improvements ($925K), and Stucky/S 27th Water Improvements ($812.5K) projects. Additional projects and justifications are included on the following pages. $10.0M $20.0M $30.0M $40.0M $50.0M $60.0M $70.0M $80.0MFY23 FY24 FY25 FY26 FY27 FY28 Unscheduled2023-2027 Adopted vs 2024-2028 Proposed 5-Year CIP2023-20272024-2028Draft5 Water Impact Fee Fund - 6102024-2028 Capital Improvement Program (CIP) ScheduleInfrastructureNo. Project NameFundingOperating Budget Impact FY2024 FY2025 FY2026 FY2027 FY2028Total 5-Year CIP UnscheduledWIF32 GROUNDWATER WELL & TRANM IMPACT FEESMINIMAL- 10,000,000- 10,000,000 - WIF33 MUNICIPAL WELL DESIGN IMPACT FEESNONE1,500,000 - - 1,500,000 - WIF37 SOURDOUGH STORAGE PLAN IMPACT FEESUNKNOWN - - 150,000 - - - 150,000 - WIF51 SOURDOUGH CANYON NATURAL IMPACT FEESUNKNOWN- - - - - - 10,000,000 WIF52 WATERMAIN COTTONWOOD RATES / IMPACT FEESNEGLIGIBLE 475,000 - - - - 475,000 - WIF56 BLACKWOOD GROVES WATER MA IMPACT FEESNEGLIGIBLE 210,000 - - - - 210,000 - WIF57 NW CROSSING WATER MAIN OV IMPACT FEESNEGLIGIBLE- 210,000 - - - 210,000 - WIF59 WESTERN TRANSMISSION MAIN RATES / IMPACT FEESNONE- -- - - - 24,000,000 WIF60 W SOURDOUGH RESERVOIR #1 IMPACT FEESNEGLIGIBLE- - - - - - 8,500,000 WIF62 WTP EXPANSION-DESIGN IMPACT FEESNONE- - - 250,000 - 250,000 - WIF63 WTP EXPANSION - CONSTRUCT IMPACT FEESNEGLIGIBLE- - - - - - 25,000,000 WIF66 DAVIS LANE WATER IMPRVMNT RATES / IMPACT FEESNONE- - - 261,000 - 261,000 - WIF67 HUFFIN/LAUREL WATER IMPR RATES / IMPACT FEESNONE- - - - 925,000 925,000 - WIF68 STUCKY/S 27TH WATER IMPRV RATES / IMPACT FEESNONE- - - - 812,500 812,500 - 685,000$ 10,360,000$ 1,500,000$ 511,000$ 1,737,500$ 14,793,500$ 67,500,000$ Draft6 Project DescriptionFiscal Year Description Amount   Total Project #GROUNDWATER WELL & TRANM 2027GROUNDWATER WELL FIELD & TRANSMISSION CONSTRUCTION 7,500,000         10,000,000             DESCRIPTION:‐ WATER RIGHT PERMITTING AND MITIGATION PLAN;       ‐ PURCHASE OF MITIGATION WATER RIGHTS; CONSTRUCTION ‐ OF AQUIFER RECHARGE OR OTHER MITIGATION           ‐ INFRASTRUCTURE; ACQUISITION OF LAND FOR WELL FIELD‐ SITE; CONSTRUCTION OF WELLS, POWER, POWER BACKUP, ‐ INSTRUMENTATION AND CONTROLS, SCADA, CONTROL      ‐ BUILDING AND SITE IMPROVEMENTS; AND TRANSMISSION  ‐ MAIN CONSTRUCTION TO TIE GW SUPPLY INTO THE       ‐                     EXISTING SYSTEM. THIS IS ABSOLUTELY CRITICAL FOR  ‐                     MEETING LONG‐RANGE WATER SUPPLY NEEDS AND         ‐                     ENHANCING OVERALL WATER SUPPLY RESILIENCY AND     ‐                     REDUNDANCY. IT ENHANCES CONNECTIVITY BY PROVIDING ‐                     A REDUNDANT WATER SUPPLY SOURCE IN THE EVENT OF   ‐                     SOURDOUGH WTP OUTAGE.                             ‐                     ALTERNATIVES CONSIDERED:                          ‐                     STATUS QUO OPERATION                              ‐                     ADVANTAGES OF APPROVAL:                           ‐                     IMPROVE WATER DISTRIBUTION OPERATIONS THROUGH     ‐                     INCREASED UNDERSTANDING OF SYSTEM OPERATING       ‐                     CHARACTERISTICS. IMPROVE RESPONSIVENESS TO        ‐                     DYNAMIC OPERATING CONDITIONS. FACILITATE          ‐                     IMPROVED ACCESS TO EXISTING SITES NOW REQUIRING   ‐                     CONFINED SPACE ENTRY PROCEDURES. STANDARDIZE      ‐                     AND IMPROVE SURGE CONTROL FEATURES THROUGHOUT     ‐                     SYSTEM.                                           ‐                     ADD OPERATING COSTS:                              ‐                     DEBT SERVICE (IF ANY) TO CONSTRUCT, POWER COSTS,  ‐                     ‐ ‐ 2,500,000         ‐ SCADA MAINTENANCE, VAULT MAINTENANCE, INSTRUMENT  MAINTENANCE, PROGRAMMING LIBRARIES                CHANGES FROM LAST CIP:MOVED FROM FY25 TO FY27 AND INCREASED PLANNED     EXPENSE.‐ WIF32 Draft7 Project DescriptionFiscal Year Description Amount   Total Project #GROUNDWATER WELL PLANING  2026GROUNDWATER WELL FIELD & TRANSMISSION MAIN DESIGN  1,500,000         1,500,000               DESCRIPTION:‐ DESIGN OF GROUNDWATER WELL FIELD TRANSMISSION MAIN‐ INCLUDING NECESSARY APPURTENANCES, INSTRUMENTATION‐ AND CONTROLS, AND DEQ APPROVALS. THIS IS NECESSARY‐ FOR CONSTRUCTION OF GROUNDWATER SUPPLY SOURCE,    ‐ BUT WIL REQUIRE DEQ CONSTRUCTION APPROVAL;        ‐ AMENDMENTS IF NEEDED TO OTHER DEQ DOCUMENTS SUCH  ‐ AS SOURCE WATER DELINEATION AND ASSESSMENT REPORT ‐ AND SOURCE WATER PROTECTION PLAN. THIS PROJECT    ‐                     UTILIZES THE HYDROGEOLOGIC MODEL DEVELOPED FOR THE‐                     GROUNDWATER INVESTIGATION AND TEST WELL DATA.     ‐                     ALTERNATIVES CONSIDERED:                          ‐                     DON'T DEVELOP A GW SUPPLY                         ‐                     ADVANTAGES OF APPROVAL:                           ‐                     PROVIDES BID PLANS AND COST ESTIMATES FOR         ‐                     CONSTRUCTION AND OBTAINS DEQ APPROVALS NEEDED     ‐                     FOR CONSTRUCTION                                  ‐                     ADDITIONAL OPERATING COST:                        ‐                     NONE                                              ‐                     CHANGES FROM LAST CIP:                            ‐                      MOVED FROM FY24                                     ‐                      WIF33 Draft8 Project DescriptionFiscal Year Description Amount   Total Project #SOURDOUGH STORAGE PLAN   2025SOURDOUGH CANYON NATURAL STORAGE‐PLANNING & DESIGN 150,000            150,000 DESCRIPTION:‐ ALTERNATIVES PLANNING AND DESIGN FOR SOURDOUGH    ‐ NATURAL STORAGE ENHANCEMENT PROJECT. THIS PROJECT ‐ WILL INCREASE RESILIENCY OF SOURDOUGH WATERSHED TO‐ DROUGHT IMPACTS AND PROVIDES AUGMENTED WATER      ‐ SUPPLY, PROTECTS EXISTING MUNICIPAL WATER RIGHTS, ‐ AND IT AUGMENTS WATER SUPPLY CAPACITY OF          ‐ SOURDOUGH WATERSHED. THIS IMPACTS THE CITY'S LONG‐‐ TERM WATER RIGHTS AND HELPS CLOSE THE APPROACHING ‐                     WATER SUPPLY GAP. THIS PROJECT COULD HAVE         ‐                     POTENTIAL FEMA INVOLVEMENT FOR FLOOD CONTROL.     ‐                     OTHER AFFECTED PROJECTS INCLUDE FINAL SIZING OF   ‐                     WEST TRANSMISSION MAIN. IT WILL ALSO INFORM LONG‐ ‐                     TERM GROUNDWATER NEEDS.                           ‐                     ALTERNATIVES CONSIDERED:                          ‐                     POSTPONE                                          ‐                     ADVANTAGES OF APPROVAL:                           ‐                     IMPLEMENTS IWRP, AUGMENTS SOURDOUGH WATER         ‐                     SUPPLY CAPACITY, AND INCREASES RESILIENCY OF      ‐                     SOURDOUGH WATER SUPPLY BY PROVIDING 'STORAGE'     ‐                     TO REDUCE THE SUSCEPTIBILITY OF DROUGHT IMPACTS   ‐                     ADD OPERATING COSTS:                              ‐                     UNKNOWN                                           ‐                     CHANGES FROM LAST CIP:                            ‐                      MOVED FROM FY24 TO FY25                           ‐                      WIF37 Draft9 Project DescriptionFiscal Year Description Amount   Total Project #SOURDOUGH CANYON NATURAL  UNSCHEDULEDSOURDOUGH CANYON NATURAL STORAGE10,000,000       10,000,000             DESCRIPTION:‐ ALTERNATIVES PLANNING & DESIGN FOR SOURDOUGH      ‐ STORAGE ENHANCEMENT PROJECT. THIS PROJECT WILL    ‐ INCREASE RESILIENCY OF SOURDOUGH WATERSHED TO     ‐ DROUGHT IMPACTS & PROVIDES AUGMENTED WATER SUPPLY,‐ PROTECTS EXISTING MUNICIPAL WATER RIGHTS, AND IT  ‐ AUGMENTS WATER SUPPLY CAPACITY OF SOURDOUGH       ‐ WATERSHED. THIS IMPACTS THE CITY'S LONG‐TERM WATER‐ RIGHTS & HELPS CLOSE THE APPROACHING WATER SUPPLY ‐                     GAP. THIS PROJECT COULD HAVE POTENTIAL FEMA       ‐                     INVOLVEMENT FOR FLOOD CONTROL.                    ‐                     ALTERNATIVES CONSIDERED:                          ‐                     POSTPONE                                          ‐                     ADDITIONAL OPERATING COSTS:                       ‐                      UNKNOWN                                           ‐                      WATERMAIN COTTONWOOD      2024WATER MAIN COTTONWOOD ROAD BETWEEN OAK TO BAXTER   475,000            475,000     DESCRIPTION:                                      ‐                     16‐INCH WATER MAIN TO BE CONSTRUCTED IN COTTONWOOD‐                     ROAD BETWEEN OAK AND BAXTER TO MATCH OUR STREET   ‐                     PROJECT IN FY23.  THAT WATER MAIN IS SHOWN IN   ‐                     THE WATER MASTER PLAN, AND WE NEED TO MAKE SURE IT‐                     IS CONSTRUCTED WHEN THE ROAD PROJECT IS           ‐                     CONSTRUCTED.                                      ‐                     CHANGES FROM LAST CIP:                            ‐                     INCREASE                                          ‐                     ALTERNATIVES:                                     ‐                     NONE, MUST BE INSTALLED BEFORE THE ROAD           ‐                     IMPROVEMENT.                                      ‐                     ADDITIONAL OPERATING COST:‐ NORMAL WATER MAIN MAINTENANCE.‐ WIF51 WIF52 Draft10 Project DescriptionFiscal Year Description Amount   Total Project #BLACKWOOD GROVES WATER MA 2024BLACKWOOD GROVES WATER MAIN OVERSIZING             200,000            210,000 DESCRIPTION:‐ WATER MAIN OVERSIZING FOR DEVELOPMENT PROJECT.    ‐ COST IS UNKNOWN AT THIS POINT.‐ ALTERNATIVES CONSIDERED:‐ DO NOTHING. DEVELOPER COVERS ENTIRE COST.         ‐ ADVANTAGES OF APPROVAL:‐ ENCOURAGES DEVELOPMENT AND ELIMINATES THE NEED FOR‐ A PAYBACK DISTRICT.‐ ADDITIONAL OPERATING COSTS:                       ‐                     INCREMENTAL MAINTENANCE COSTS.                    ‐                     CHANGES FROM LAST CIP:                            10,000               ESCALATE 5%                                       ‐                      NW CROSSING WATER MAIN OV 2025NORTHWEST CROSSING WATER MAIN OVERSIZING          200,000            210,000     DESCRIPTION:                                      ‐                     WATER MAIN OVERSIZING FOR DEVELOPMENT PROJECT.    ‐                     COST IS UNKNOWN AT THIS POINT.                    ‐                     ALTERNATIVES CONSIDERED:                          ‐                     DO NOTHING. DEVELOPER COVERS ENTIRE COST.         ‐                     ADVANTAGES OF APPROVAL:                           ‐                     ENCOURAGES DEVELOPMENT AND ELIMINATES THE NEED FOR‐                     A PAYBACK DISTRICT.                               ‐                     ADDITIONAL OPERATING COSTS:                       ‐                     INCREMENTAL MAINTENANCE COSTS.                    ‐                     CHANGES FROM LAST CIP:                            10,000               ESCALATE 5%                                       ‐                      WESTERN TRANSMISSION MAIN UNSCHEDULEDWESTERN TRANSMISSION MAIN PH 1‐ CONSTRUCTION      24,000,000       24,000,000             DESCRIPTION:                                      ‐                     PROJECT IS IDENTIFIED AS THE NEXT PRIORITY IN THE ‐                     CITY'S WATER FACILITY MASTER PLAN.                ‐ W SOURDOUGH RESERVOIR #1  UNSCHEDULEDWEST SOURDOUGH RESERVOIR #18,500,000         8,500,000               DESCRIPTION:‐ PROJECT IS A PRIORITY IN THE CITY'S WATER FACILITY‐ MASTER PLAN.‐ WIF57 WIF59 WIF60 WIF56 Draft11 Project DescriptionFiscal Year Description Amount   Total Project #WTP EXPANSION‐DESIGN     2027DESCRIPTION:250,000            250,000 THE WTP WILL LIKELY REACH ITS 22 MGD CAPACITY IN  ‐ THE NEXT 5‐10 YEARS, DEPENDING ON POPULATION      ‐ GROWTH. CURRENT MAX FLOW EXPERIENCED IS 50%       ‐ CAPACITY. THE PLANT WAS BUILT FOR EASY EXPANSION  ‐ TO 36 MGD. THIS WILL PROVIDE FOR AN UPDATED DESIGN‐ FOR THE EXPANSION SINCE ORIGINAL DESIGN IN 2011.  ‐ DESIGN WILL ALLOW FOR CONSTRUCTION OF EXPANSION   ‐ IN 10 YEARS OR EARLIER, IF NEEDED.                ‐ ALTERNATIVES CONSIDERED:                          ‐                     HIT CAPACITY AND LIMIT WATER USE.                 ‐                     ADDITIONAL OPERATING COST:                        ‐                      NONE                                              ‐                      WTP EXPANSION ‐ CONSTRUCT UNSCHEDULEDDESCRIPTION:                                      25,000,000       25,000,000             CONSTRUCTION OF THE WTP EXPANSION TO 36 MGD.      ‐                     ALTERNATIVES CONSIDERED:                          ‐                     HIT CAPACITY AND LIMIT WATER USE.                 ‐                     ADDITIONAL OPERATING COST:                        ‐                      POWER, CHEMICALS, AND MAINTENANCE.                ‐                      DAVIS LANE WATER IMPRVMNT 2027DAVIS LANE WATER IMPROVEMENTS                     261,000            261,000     DESCRIPTION:                                      ‐                     DESIGN AND CONSTRUCTION OF A NEW 16" WATER MAIN   ‐                     IN DAVIS LANE FROM BAXTER LANE TO CATTAIL STREET  ‐                     PER RECOMMENDATIONS IN THE 2015 WATER FACILITY    ‐                     PLAN (FP_1484)                                    ‐                     ALTERNATIVES:                                     ‐                     NONE                                              ‐                     ADDITIONAL OPERATING COST:                        ‐                      NONE                                              ‐                      THIS PROJECT WILL CONFORM TO THE CITY'S WATER MASTER‐ PLAN. IT IS ESTIMATED THAT 30% OF THESE PROJECT COSTS WILL‐ BE DUE TO CAPACITY EXPANSION AND WILL BE ELIGIBLE FOR‐ WATER IMPACT FEES. THE REMAINING 70% WILL BE PROVIDED ‐ BY THE CITY'S WATER FUND OR BY "LOCAL SHARE" ‐ CONTRIBUTION SOURCE AS FUTURE DEVELOPMENT OCCURS. ‐ WIF62 WIF63 WIF66 Draft12 Project DescriptionFiscal Year Description Amount   Total Project #HUFFIN/LAUREL WATER IMPR 2028HUFFINE LANE & LAUREL PARKWAY WATER IMPROVEMENTS  925,000            925,000                   DESCRIPTION:                                      ‐                      DESIGN AND CONSTRUCTION OF A PRV AT HUFFINE LANE  ‐                      & AVDANCED DRIVE, A NEW 16" WATER MAIN ON HUFFINE ‐                      LANE FROM ADVANCED DR TO LAUREL PARKWAY AND A NEW ‐                      12" WATER MAIN ON LAUREL PARKWAY FROM HUFFINE TO  ‐                      MAYFLY STREET PER RECOMMENDATIONS IN THE 2015     ‐                      WATER FACILITY PLAN (FP_2241, FP_2464, V8062)     ‐                      ALTERNATIVES:                                     ‐                      NONE                                              ‐                      ADDITIONAL OPERATING COST:                        ‐                       NONE                                              ‐                      THIS PROJECT WILL CONFORM TO THE CITY'S WATER MASTER‐                     PLAN. IT IS ESTIMATED THAT 50% OF THESE PROJECT COSTS WILL‐                     BE DUE TO CAPACITY EXPANSION AND WILL BE ELIGIBLE FOR‐                     WATER IMPACT FEES. THE REMAINING 50% WILL BE PROVIDED ‐                     BY THE CITY'S WATER FUND OR BY "LOCAL SHARE" ‐                     CONTRIBUTION SOURCE AS FUTURE DEVELOPMENT OCCURS. ‐                     STUCKY/S 27TH WATER IMPRV2028STUCKY ROAD & SOUTH 27TH WATER IMPROVEMENTS       812,500            812,500                   DESCRIPTION:                                      ‐                      DESIGN AND CONSTRUCTION OF A NEW 16" WATER MAIN   ‐                      IN STUCKY ROAD FROM S 19TH TO S 27TH AVE, AND A   ‐                      NEW 12" WATER MAIN IN SOUTH 27TH AVENUE FROM      ‐                      STUCKY TO BENNETT BLVD PER RECOMMENDATIONS IN THE ‐                      2015 WATER FACILITY PLAN(FP_1386, FP_1372, FP_1371‐                      ALTERNATIVES:                                     ‐                      NONE                                              ‐                      ADDITIONAL OPERATING COST:                        ‐                     NONE‐                     THIS PROJECT WILL CONFORM TO THE CITY'S WATER MASTER‐                     PLAN. IT IS ESTIMATED THAT 50% OF THESE PROJECT COSTS WILL‐                     BE DUE TO CAPACITY EXPANSION AND WILL BE ELIGIBLE FOR‐                     WATER IMPACT FEES. THE REMAINING 50% WILL BE PROVIDED ‐                     BY THE CITY'S WATER FUND OR BY "LOCAL SHARE" ‐                     CONTRIBUTION SOURCE AS FUTURE DEVELOPMENT OCCURS. ‐                     WIF68 WIF67 Draft13 Wastewater Impact Fee Fund - 6302024-2028 Capital Improvement Program (CIP) Schedule100%100%100%#DIV/0!100%100%$1.4M$2.5M$2.0M$1.9M$20.0M $5.0M $10.0M $15.0M $20.0M $25.0MFY24 FY25 FY26 FY27 FY28 Unscheduled2024-2028 Proposed CIPInfrastructureVehicles, Equipment & Other TotalBACKGROUND The Wastewater Impact Fee Fund was created to fairly assign costs of services to those who require new public infrastructure and to limit unnecessary cost increases to existing rate payers. Impact Fees collected go towards funding capacity expanding capital projects for the wastewater services provided to the city. The majority of projects in the Wastewater Impact Fee fund have a portion that will support existing customers, and that portion of the project is included in the Wastewater Fund CIP. The Wastewater Impact Fee Capital Improvement Plan will be presented to the Community Development Board on November 21, 2022.MAJOR PROJECTSThe Wastewater Facillity Plan is in progress and expected to be completed by the end of fiscal year 2023. Two projects, the North Frontage Road Interceptor and the Water Reclamation Facility (WRF) Interceptor include significant cost increases versus the prior CIP due to to expanded scope identified in the Facility Plan. The projects in the Wastewater Impact Fee plan address Strategic Plan 4.3 b to increase capacity of sewer pipes to accommodate development projects. Additional projects and detailed justifications are included on the following pages. $1.3M$2.5M$3.2M$3.0M$2.0M$20.0M$1.4M$2.5M$2.0M$1.9M$20.0M $5.0M $10.0M $15.0M $20.0M $25.0MFY23 FY24 FY25 FY26 FY27 FY28 Unscheduled2023-2027 Adopted vs 2024-2028 Proposed 5-Year CIP2023-20272024-2028Draft14 Wastewater Impact Fee Fund - 6302024-2028 Capital Improvement Program (CIP) ScheduleInfrastructureNo. Project Name FundingOperating Budget Impact FY2024 FY2025 FY2026 FY2027 FY2028Total 5-Year CIP UnscheduledWWIF20 N. FRONTAGE INTERCEPTOR RATES / IMPACT FEES NEGLIGIBLE - 2,300,000 2,000,000 - - 4,300,000 - WWIF44 WRF INTERCEPTOR IMPACT FEESNONE1,200,000 - - - - 1,200,000 - WWIF46 DOWNTOWN SEWER MAIN UPGRA IMPACT FEESNONE- - - - - - 3,000,000 WWIF48 HIDDEN VALLEY LIFT STATIO IMPACT FEESNEGLIGIBLE- - - - - - 7,000,000 WWIF49 WRF CAPACITY & NUTRIENT U IMPACT FEESHIGH- - - - - - 10,000,000 WWIF52 BLACKWOOD GROVES SEWER IMPACT FEESNEGLIGIBLE 220,000 - - - - 220,000 - WWIF53 COTTONWOOD RD SEWER CAPAC RATES / IMPACT FEES NEGLIGIBLE- - - - 1,936,000 1,936,000 - WWIF54 NW CROSSING SEWER OVERSIZ IMPACT FEESNEGLIGIBLE- 220,000 - - - 220,000 - 1,420,000$ 2,520,000$ 2,000,000$ -$ 1,936,000$ 7,876,000$ 20,000,000$ Draft15 Project DescriptionFiscal Year(s) Description Amount   Total Project #N. Frontage Interceptor  2025NORTH FRONTAGE ROAD INTERCEPTOR IMPROVEMENTS      2,300,000              4,300,000                        2026DESCRIPTION:                                      ‐                            THIS PROJECT WILL REPLACE OR PARALLEL 11,500' OF  ‐                            THE NORTH FRONTAGE ROAD INTERCEPTOR BETWEEN       ‐                            SPRINGHILL ROAD AND BRIDGER DRIVE. PORTIONS OF THE‐                            INTERCEPTOR ARE AT OR VERY NEAR CAPACITY AND      ‐                            UNLESS IMPROVEMENTS ARE MADE IT WILL BE AT OR OVER‐                            CAPACITY WHEN THE TRIBUTARY OBLIGATED AREAS ARE   ‐                            DEVELOPED. THIS PROJECT WILL DIRECTLY INCREASE    ‐                            COLLECTION CAPACITY IN THE SOUTHEAST AND EAST PART‐                            OF TOWN WITHIN THE COMMUNITY PLAN BOUNDARY AS WELL‐                            AS THE EAST PART OF TOWN WILL BE TRIBUTARY TO THIS‐                            NORTH FRONTAGE ROAD INTERCEPTOR. THERE ARE        ‐                            POTENTIALLY A GREAT NUMBER OF PRIVATE DEVELOPMENT ‐                            PROJECTS WHICH WILL NOT BE ABLE TO PROCEED DUE TO ‐                            LACK OF WASTEWATER COLLECTION CAPACITY. THIS      ‐                            PROJECT WILL CONFORM TO THE CITY'S WASTEWATER     ‐                            MASTER PLAN. IT IS ESTIMATED THAT 80% OF THESE    ‐                            PROJECT COSTS WILL BE DUE TO CAPACITY EXPANSION   ‐                            AND WILL BE ELIGIBLE FOR WASTEWATER IMPACT FEES.  ‐                            THE REMAINING 20% OF THE PROJECT COSTS WILL NEED  ‐                            TO BE PROVIDED BY A "LOCAL SHARE"CONTRIBUTION OR  ‐                            OTHER SOURCE.                                     ‐                            ALTERNATIVES CONSIDERED:                          ‐                            LIMIT FUTURE DEVELOPMENT IN THE AREA.             ‐                            ADVANTAGES OF APPROVAL:                           ‐                            IF CONSTRUCTED TO THE LINE SIZES MASTER PLANNED   ‐                            IN THE CITY'S WASTEWATER FACILITIES PLAN, CAPACITY‐                            WILL BE PROVIDED FOR FUTURE GROWTH TRIBUTARY TO   ‐                            THIS MAIN.                                        ‐                            ADDITIONAL OPERATING COSTS:                       ‐                            INCREMENTAL MAINTENANCE COSTS.                    ‐                            CHANGES TO LAST CIP:                              ‐                            PROJECT IS SPLIT OVER TWO FISCAL YEARS. COST ARE  ‐                            UPDATED TO REFLECT NEW FACILTIY PLANNING          ‐                            INFORMATION FOR PIPE INSTALLATION, STREAM CROSSING‐                           AND MAINTENANCE ACCESS.                           ‐                           PROJECT APPROPRIATION IN OTHER YEARS:‐                             FY20262,000,000               WWIF20Draft16 Project DescriptionFiscal Year(s) Description Amount   Total Project #WRF INTERCEPTOR          2024WRF PARALLEL INTERCEPTOR50,000 1,200,000 DESCRIPTION:‐  THE EXISTING 30‐INCH INTERCEPTOR BETWEEN I‐90 AND ‐ WRF IS NEAR ITS HYDRAULIC CAPACITY. APPROXIMATELY ‐  1,200 FT OF 42‐INCH  TRUNK SEWER WILL BE INSTALLED‐  TO THE EXISTING TRUNK SEWER ALONG SPRINHILL RD    ‐  FROM NORTH FRONTRAGE ROAD TO THE WRF. BECAUSE     ‐  THE NEW PARALLEL INTERCEPTOR'S HYDRAULIC CAPACITY ‐  INTERACTS WITH THE CAPACITY OF THE HEADWORKS      ‐  RISKING A SANITARY SEWER OVERFLOW.                ‐  ALTERNATIVES:                                     ‐                           NONE                                              ‐                           ADDITIONAL OPERATING COST:                        ‐                           NONE                                              ‐                           CHANGES TO LAST CIP:                              1,150,000              THE NEW PARALLEL INTERCEPTOR'S HYDRAULIC CAPACITY ‐                            INTERACTS WITH THE CAPACITY OF THE HEADWORKS      ‐                            THIS PROJECT WILL CONFORM TO THE CITY'S WASTEWATER‐                           FACILITY PLAN. IT IS ESTIMATED THAT 100% OF THE PROJECT COST‐                           WILL BE DUE TO CAPACITY EXPANSION AND WILL BE ELIGIBLE‐                           FOR WASTEWATER IMPACT FEES. ‐                           DOWNTOWN SEWER MAIN UPGRA UNSCHEDULEDDOWNTOWN SEWER MAIN UPGRADES                      3,000,000              3,000,000                       DESCRIPTION:                                      ‐                           DOWNTOWN DEVELOPMENT AND USE INTENSIFICATION IS   ‐                           PLACING DEMANDS ON SEWERS THAT ARE UNDERSIZED AND ‐                           GREATER THAN 100 YEARS OLD. UPGRADES ARE NEEDED TO‐                           ACCOMMODATE INCREASED DENSITY DOWNTOWN.           ‐                           ALTERNATIVES CONSIDERED:                          ‐                           ADD OPERATING COSTS:                              ‐                            CHANGES FROM LAST CIP:                            ‐                            WWIF46WWIF44Draft17 Project DescriptionFiscal Year(s) Description Amount   Total Project #HIDDEN VALLEY LIFT STATIOUNSCHEDULEDHIDDEN VALLEY LIFT STATION7,000,000              7,000,000 DESCRIPTION:‐  DESIGN & CONSTRUCT HIDDEN VALLEY LIFT STATION &   ‐  FORCE MAIN. THIS PROJECT WILL CONFORM TO THE      ‐  CITY'S WASTEWATER COLLECTION FACILITIES PLAN. THE ‐  DAVIS LIFT STATION MUST BE UPGRADED TO            ‐  ACCOMMODATE FLOWS FROM THE HIDDEN VALLEY LIFT     ‐  STATION WHEN THE HIDDEN VALLEY LIFT STATION IS    ‐  CONSTRUCTED.‐  ALTERNATIVES CONSIDERED:‐  LIMIT DEVELOPMENT ON THE NORTHWESTERN EDGE OF THE ‐                           CITY DUE TO NO SANITARY SEWER AVAILABILITY.       ‐                           ADDITIONAL OPERATING COSTS:                       ‐                           OPERATING COSTS WILL BE PAID FROM THE CITY'S SEWER‐                            ENTERPRISE FUND.                                  ‐                            WWIF48Draft18 Project DescriptionFiscal Year(s) Description Amount   Total Project #WRF CAPACITY & NUTRIENT U UNSCHEDULEDWRF NUTRIENT TREATMENT PROCESS UPGRADES            10,000,000            10,000,000 DESCRIPTION:‐  NUTRIENT WATER QUALITY STANDARDS AND COMPLIANCE   ‐ IS A COMPLEX AND CONTENTIOUS ISSUE IN MONTANA WITH‐ MANY CURRENT UNKNOWNS AND UNCERTAINTIES THAT MAKE ‐ CAPITAL PROJECT PLANNING A SIGNIFICANT CHALLENGE. ‐  DEQ IS CURRENTLY IN THE PROCESS OF DEVELOPING NEW‐   NUTRIENT WATER QUALITY STANDARDS RULES THAT ONCE ‐  ADOPTED AND APPROVED BY EPA WILL LAY THE          ‐  GROUNDWORK FOR ESTABLISHING WRF DISCHARGE         ‐  PERMIT LIMITS FOR NUTRIENTS.  NO MATTER WHERE DEQ ‐                           ULTIMATELY LANDS WITH ITS NUTRIENT WATER QUALITY  ‐                           STANDARDS, THE WRF MUST COMPLY WITH NUTRIENT      ‐                           PERMIT LIMITS ESTABLISHED BY DEQ TO ENSURE THE    ‐                           NUTRIENT WATER QUALITY STANDARD IS ACHIEVED.      ‐                           THIS $68.5 MILLION CAPITAL OUTLAY REPRESENTS THE  ‐                           COST TO CONSTRUCT THE CURRENT LIMIT OF TECHNOLOGY ‐                           FOR NUTRIENT TREATMENT PERFORMANCE FOR BOTH TN AND‐                           TP. IT IS PRESENTLY UNKNOWN WHETHER THE NUTRIENT  ‐                           WATER QUALITY STANDARDS WILL BE ESTABLISHED BY DEQ‐                           AT SUCH A STRINGENT LEVEL TO NECESSITATE          ‐                           CONSTRUCTION TO THE LIMIT OF TECHNOLOGY FOR BOTH  ‐                           TN AND TP.  THIS WOULD BE THE WORST CASE COST     ‐                           SCENARIO.  THE $68.5 MILLION UPGRADE IDENTIFIED   ‐                           IN THE 2022 WRF FACILITY PLAN UPDATE INCLUDES     ‐                           CONSTRUCTION OF:  A 4TH BIOREACTOR, POSTANOXIC    ‐                           CARBON ADDITION FOR BIOREACTORS 1 ‐ 4,            ‐                           A SIDESTREAM ENHANCED BIOLOGICAL A SIDESTREAM     ‐                           ENHANCED BIOLOGICAL PHOSPHOROUS REMOVAL PROCESS,  ‐                           A TERTIARY MEMBRANE FILTRATION PROCESS AND FILTER ‐                           PUMP STATION, AND NEW CHEMICAL AND COAGULANT      ‐                            DOSING SYSTEMS.                                   ‐                            WWIF49Draft19 Project DescriptionFiscal Year(s) Description Amount   Total Project #WRF CAPACITY & NUTRIENT U UNSCHEDULEDALTERNATIVES:                                      ‐                            ALTERNATIVES ARE DRIVEN BY COMPLIANCE WITH FUTURE  ‐                            DISCHARGE PERMIT NUTRIENT EFFLUENT LIMITS, WHICH   ‐                            ARE PRESENTLY UNKNOWN GIVEN DEQ HAS NOT COMPLETED  ‐                            NUTRIENT WATER QUALITY STANDARDS RULEMAKING        ‐                            PURSUANT TO SB358 (2019 SESSION).VARIOUS EFFLUENT  ‐                            DISPOSAL OPTIONS EXIST THAT MAY REDUCE THE OVERALL ‐                            NUTRIENT TREATMENT COMPLIANCE COSTS.  HOWEVER,     ‐                            IF THE CITY DESIRES IN THE FUTURE TO REUSE TREATED ‐                            EFFLUENT FOR IRRIGATION OF PUBLICLY ACCESSIBLE     ‐                            LANDSCAPES THEN MEMBRANE FILTRATION IS REQUIRED BY ‐                            STATE REGULATION.                                  ‐                            ADDITION OPERATING COST:                           ‐                            SUBSTANTIAL INCREASES TO ANNUAL O&M COSTS ARE      ‐                            EXPECTED DUE TO INCREASED POWER AND CHEMICAL COSTS ‐                            AS WELL AS OPERATIONAL COMPLEXITIES WITH MEMBRANE  ‐                            FILTRATION PROCESS THAT MAY REQUIRE ADDITIONAL     ‐                            SKILLED FTES                                       ‐                            CHANGES IN LAST CIP:                               ‐                            FUNDING $10M WWIF 630 AND 58.5M WW620              ‐                           BLACKWOOD GROVES SEWER    2024BLACKWOOD GROVES SEWER MAIN OVERSIZING             200,000                  220,000                           DESCRIPTION:                                       ‐                            SEWER MAIN OVERSIZING FOR DEVELOPMENT PROJECT.     ‐                            COST IS UNKNOWN AT THIS POINT.                     ‐                            ALTERNATIVES CONSIDERED:                           ‐                            DO NOTHING. DEVELOPER COVERS ENTIRE COST.          ‐                            ADVANTAGES OF APPROVAL:                            ‐                            ENCOURAGES DEVELOPMENT AND ELIMINATES THE NEED FOR ‐                            A PAYBACK DISTRICT.                                ‐                            ADDITIONAL OPERATING COSTS:                        ‐                            INCREMENTAL INCREASES IN OPERATING COST.           ‐                            CHANGES FROM LAST CIP:                             20,000                      ESCALATE 10%                                       ‐                            WWIF49 (CONT.)WWIF52Draft20 Project DescriptionFiscal Year(s) Description Amount   Total Project #COTTONWOOD RD SEWER CAPAC2028COTTONWOOD ROAD (BABCOCK TO HUFFINE) SANITARY     1,936,000              1,936,000 SEWER CAPACITY INCREASE‐  DESCRIPTION:‐  THIS IS A MISSING LINK OF SANITARY SEWER THAT WILL‐  ALLOW DEVELOPMENT SOUTH OF HUFFINE. IT IS         ‐  IDENTIFIED IN OUR WASTEWATER COLLECTION FACILITY  ‐  MASTER PLAN.‐  ALTERNATIVES CONSIDERED:‐  DO NOTHING. ALLOW THE DEVELOPMENT COMMUNITY TO    ‐  BUILD THE MAIN.‐  ADVANTAGES OF APPROVAL:                           ‐                           WILL ENCOURAGE DEVELOPMENT SOUTH OF HUFFINE.      ‐                           ADDITIONAL OPERATING COSTS:                       ‐                           INCREMENTAL                                       ‐                           CHANGES FROM LAST CIP:                            ‐                            MOVED FROM FY27 TO FY28 AND ESCALATE 10%          ‐                            THIS PROJECT WILL CONFORM TO THE CITY'S WASTEWATER‐                           MASTER PLAN. IT IS ESTIMATED THAT 88% OF THESE PROJECT‐                           COSTS WILL BE DUE TO CAPACITY EXPANSION AND WILL BE ‐                           ELIGIBLE FOR WASTEWATER IMPACT FEES. THE REMAINING 12%‐                           WILL BE PROVIDED WITH THE CITY'S WASTEWATER FUND OR BY‐                           "LOCAL SHARE" CONTRIBUTION SOURCE AS FUTURE ‐                           DEVELOPMENT OCCURS. ‐                           NW CROSSING SEWER OVERSIZ2025NORTHWEST CROSSING SUBDIVISION SANITARY SEWER MAIN200,000                  220,000      OVERSIZING                                        ‐                           DESCRIPTION:                                      ‐                           SEWER MAIN OVERSIZING FOR DEVELOPMENT PROJECT.    ‐                           COST IS UNKNOWN AT THIS POINT.                    ‐                           ALTERNATIVES CONSIDERED:                          ‐                           DO NOTHING. DEVELOPER COVERS ENTIRE COST.         ‐                           ADVANTAGES OF APPROVAL:                           ‐                           ENCOURAGES DEVELOPMENT AND ELIMINATES THE NEED FOR‐                           A PAYBACK DISTRICT.‐  ADDITIONAL OPERATING COSTS:‐  INCREMENTAL MAINTENANCE COSTS.‐  CHANGES FROM LAST CIP:20,000 ESCALATE 10%‐  WWIF54WWIF53Draft21 Memorandum REPORT TO:Community Development Board FROM:Tom Rogers, Senior Planner Anna Bentley, Community Development Director SUBJECT:Annexation application 22113 requesting annexation of 86.0 acres and amendment application 22113 to the City Zoning Map for the establishment of a zoning designation of REMU (Residential Emphasis Mixed-Use District). MEETING DATE:November 21, 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 22113 and move to recommend approval of the Project 86 Zone Map Amendment, with contingencies required to complete the application processing. STRATEGIC PLAN:4.1 Informed Conversation on Growth: Continue developing an in-depth understanding of how Bozeman is growing and changing and proactively address change in a balanced and coordinated manner. BACKGROUND:The applicant and property owners seek to annex three parcels totaling 86.0 acres into the City limits and establish an initial zoning of REMU, Residential Emphasis Mixed-Use district. The property is currently zoned “Agriculture Suburban” (AS) within the County administered Gallatin County Bozeman Area Zoning District (the Donut). Nearby municipal zoning to the east and across Davis Lane is R-4, High Density Residential, and a variety of other less intense residential district north and south of this property. To the north and of the subject property the Commission recently annexed and established an initial zoning designation of REMU on a 115 acre property named the Silo Annexation, Application 21442. The Future Land Use Map in the Bozeman Community Plan (BCP) 2020 designates the property as “Urban Neighborhood” which includes the REMU district as an implementing zoning district. The property is bordered by Davis Lane to the east (a Bozeman classified minor arterial street). Upon future development the property will be bounded by an extension of Catamount Street, a minor arterial street, on the south, and North Ferguson Avenue to the west, a collector street, and a local street on the north side of the property. The proposed annexation would bring in additional right of way to build out Davis Lane to the full city 22 street classification as would be required with future development. Additional right of way is required with this annexation to accommodate the future construction of Catamount Street and Ferguson Avenue. The property is currently vacant with no existing development or city services on the parcel. The property is surrounded to the west with rural residential uses, to the south and north are still in agricultural uses, and to the east and across Davis Lane is the Cattail Lake Subdivision development. UNRESOLVED ISSUES:There are no identified conflicts on this application at this time. ALTERNATIVES:1. Approve the application; 2. Approve modifications to the requested zoning; 3. Deny the application based on findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Annexation or Zone Map Amendment. Attachments: 22113 Project 86 Annex ZMA CC SR.pdf Report compiled on: November 17, 2022 23 Page 1 of 35 22113 Staff Report for the Project Eighty-6 Annexation and Zone Map Amendment Public Hearing: Community Development Board acting in their capacity as the Zoning Commission meeting is on November 21, 2022 City Commission meeting is on December 6, 2022 Project Description: Annexation application 22113 requesting annexation of 86.0 acres and amendment application 22113 to the City Zoning Map for the establishment of a zoning designation of REMU (Residential Emphasis Mixed-Use District). Project Location: Not addressed at this time. Property is located at the Northwest of the intersection of Davis Lane and Catamount Street and more particularly described as a Tract 3 of COS 3035, located in Section 27, Township One South (T1S), Range Five East (R5E) of P.M.M., Gallatin County, Montana. The annexation and zone map amendment would also apply to the streets adjacent to the property. Recommendation: Meets standards for approval with terms of annexation and contingencies. Recommended Zoning Commission Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 22113 and move to recommend approval of the Project 86 Zone Map Amendment, with contingencies required to complete the application processing. Recommended City Commission Annexation Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 23113 and move to approve the Project 86 Annexation. Recommended City Commission Zoning Motion: Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 22113 and move to approve the Project 86 Zone Map Amendment. Report Date: November 18, 2022 Staff Contact: Tom Rogers, Senior Planner Lance Lehigh, City Engineer Agenda Item Type: Action - Legislative 24 Staff Report for the Project Eighty-6 Annexation and Zone Map Amendment, Application 22113 Page 2 of 35 EXECUTIVE SUMMARY This report is based on the application materials submitted and public comment received to date. This report addresses both the zoning amendment for Community Development Board acting in their capacity as the Zoning Commission, as well as the annexation and the zoning amendment for the City Commission. The application materials are available on the City’s website in the laserfiche archive. Unresolved Issues There are no identified conflicts on this application at this time. Project Summary The applicant and property owners seek to annex three parcels totaling 86.0 acres into the City limits and establish an initial zoning of REMU, Residential Emphasis Mixed-Use district. The property is currently zoned “Agriculture Suburban” (AS) within the County administered Gallatin County Bozeman Area Zoning District (the Donut). Nearby municipal zoning to the east and across Davis Lane is R-4, High Density Residential, and a variety of other less intense residential district north and south of this property. To the north and of the subject property the Commission recently annexed and established an initial zoning designation of REMU on a 115 acre property named the Silo Annexation, Application 21442. The Future Land Use Map in the Bozeman Community Plan (BCP) 2020 designates the property as “Urban Neighborhood” which includes the REMU district as an implementing zoning district. The property is bordered by Davis Lane to the east (a Bozeman classified minor arterial street). Upon future development the property will be bounded by an extension of Catamount Street, a minor arterial street, on the south, and North Ferguson Avenue to the west, a collector street, and a local street on the north side of the property. The proposed annexation would bring in additional right of way to build out Davis Lane to the full city street classification as would be required with future development. Additional right of way is required with this annexation to accommodate the future construction of Catamount Street and Ferguson Avenue. The property is currently vacant with no existing development or city services on the parcel. The property is surrounded to the west with rural residential uses, to the south and north are still in agricultural uses, and to the east and across Davis Lane is the Cattail Lake Subdivision development. In determining whether the criteria applicable to this application are met, Staff considers the entire body of plans and regulations for land development. Standards which prevent or mitigate possible negative impacts are incorporated in many locations in the municipal code but are principally in Chapter 38, Unified Development Code. References in the text of this report to Articles, Divisions, or in the form xx.xxx.xxx are to the Bozeman Municipal Code. 25 Staff Report for the Project Eighty-6 Annexation and Zone Map Amendment, Application 22113 Page 3 of 35 No public comment has been received on the application. Community Development Board (Zoning Commission) Summary The Community Development Board acting in their capacity as the Zoning Commission will hold a public hearing on November 21, 2022 and will forward a recommendation to the City Commission. City Commission Alternatives 1. Approve the application; 2. Approve modifications to the requested zoning; 3. Deny the application based on findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. 26 Staff Report for the Project Eighty-6 Annexation and Zone Map Amendment, Application 22113 Page 4 of 35 TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 2 Unresolved Issues ............................................................................................................... 2 Project Summary ................................................................................................................. 2 Community Development Board (Zoning Commission) Summary ................................... 3 City Commission Alternatives ............................................................................................ 3 SECTION 1 - MAP SERIES: ................................................................................................... 5 SECTION 2 - RECOMMENDED TERMS OF ANNEXATION .......................................... 10 SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT... 13 SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 13 Annexation ........................................................................................................................ 13 Zone Map Amendment ..................................................................................................... 14 SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS ................................ 14 SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ........... 21 PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 31 APPENDIX A - NOTICING AND PUBLIC COMMENT .................................................... 32 APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 32 APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF ............................ 35 FISCAL EFFECTS ................................................................................................................. 35 ATTACHMENTS ................................................................................................................... 35 27 Staff Report for the Project Eighty-6 Annexation and Zone Map Amendment, Application 22113 Page 5 of 35 SECTION 1 - MAP SERIES: Map 1: Project Vicinity Map Subject property Silo annexation property 28 Staff Report for the Project Eighty-6 Annexation and Zone Map Amendment, Application 22113 Page 6 of 35 Map 2: Project Map 29 Staff Report for the Project Eighty-6 Annexation and Zone Map Amendment, Application 22113 Page 7 of 35 Map 3: BCP 2020 Future Land Use Map Subject property 30 Staff Report for the Project Eighty-6 Annexation and Zone Map Amendment, Application 22113 Page 8 of 35 Map 4: Existing City Zoning Subject property REMU 31 Staff Report for the Project Eighty-6 Annexation and Zone Map Amendment, Application 22113 Page 9 of 35 Map 5: City boundary context map 32 Staff Report for the Project Eighty-6 Annexation and Zone Map Amendment, Application 22113 Page 10 of 35 SECTION 2 - RECOMMENDED TERMS OF ANNEXATION The following terms of annexation are recommended to enable the application to comply with the City’s Annexation Policy and the requirements of state law for the provision of services. Recommended terms of annexation: 1. Naming Term. The documents and exhibits to formally annex the subject property must be identified as the “Project Eighty-6 Annexation”. 2. Map Format Term. An Annexation Map, titled “Project Eighty-6 Annexation Map” with a legal description of the property and any adjoining un-annexed rights-of-way and/or street access easements must be submitted by the applicant for use with the Annexation Agreement. The map must be supplied as a PDF for filing with the Annexation Agreement at the County Clerk & Recorder, and a digital copy for the City Engineers Office. This map must be acceptable to the Director of Public Works and City Engineers Office, and must be submitted with the signed Annexation Agreement. 3. Ferguson Avenue is classified as a Collector in the Bozeman Transportation Master Plan (TMP), which has a minimum right-of-way ROW width of 90 feet. The applicant must provide their respective portion of the ROW necessary to follow the alignment shown in the transportation plan as a public street and utility easement where Ferguson Avenue is adjacent to or crosses the property. The easement will be required with future development once the final alignment has been determined. 4. Catamount Street is classified as a Minor Arterial in the Bozeman Transportation Master Plan (TMP), which has a minimum right-of-way ROW width of 100 feet. The applicant must provide their respective portion of the ROW necessary to follow the alignment shown in the transportation plan as a public street and utility easement where Catamount Street is adjacent to or crosses the property. 5. Davis Lane is classified as a Minor Arterial in the Bozeman Transportation Master Plan (TMP), which has a minimum right-of-way ROW width of 100 feet. The applicant must provide their respective half of the ROW from the centerline of the existing ROW as a public street and utility easement where Davis Lane is adjacent to the property. A public street and utility easement must be provided prior to the adoption of Resolution of Annexation. The applicant can contact the City's Engineering Department to receive a copy of the standard easement language. 6. Timing Term. The applicant must execute all contingencies and terms of said Annexation Agreement with the City of Bozeman within 60 days of the distribution of the annexation agreement from the City to the applicant or annexation approval shall be null and void. 7. Impact Fee Notice Term. The land owners and their successors must pay all fire, street, water and sewer impact fees at the time of connection; and for future development, as required by Chapter 2, Bozeman Municipal Code, or as amended at the time of application for any permit listed therein. 33 Staff Report for the Project Eighty-6 Annexation and Zone Map Amendment, Application 22113 Page 11 of 35 8. SID Waiver Term Header. If they do not already exist the applicant must provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SIDs) for the following: a. Street improvements to Catamount Street from E. Valley Center to Hidden Valley, Ferguson Avenue from E. Valley Center to Cattail Street, and Davis Lane from E. Valley Center to Baxter Lane including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. b. Intersection improvements at E. Valley Center and Davis Lane including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage c. Intersection improvements at Davis Lane and Catamount Street including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. d. Intersection improvements at Catamount Street and Ferguson Ave including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm. e. Intersection improvements at Davis Lane and Cattail Street including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. f. The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of the improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. The applicant must provide a copy of the SID waiver in conjunction with the Annexation Agreement. 9. Notice Term Header. The Annexation Agreement must include the following notices: a. Storm Water Master Plan. The Annexation Agreement must include notice that, prior to development, the applicant will be responsible for preparing a storm water master plan in conjunction with future development. The storm water master plan shall address maintenance and operations until and unless the City affirmatively assumes responsibility for maintenance and operations of stormwater facilities within the area of the annexation. b. Extent of Service. The Annexation Agreement must include notice the City will, upon annexation, make available to the Property existing City services only to the extent currently available, or as provided in the Agreement. c. Verification of Municipal Service. The Annexation Agreement must include notice that there is no right, either granted or implied, for Landowner to further develop any of the Property until it is verified by the City that the necessary municipal services are available to the property. d. Municipal Service Installation. The Annexation Agreement must include notice that, prior to development, the applicant will be responsible for installing any facilities required to provide full municipal services to the properties in accordance with the City of Bozeman's infrastructure master plans and all City policies that may be in effect at the time of development. 34 Staff Report for the Project Eighty-6 Annexation and Zone Map Amendment, Application 22113 Page 12 of 35 e. Utility Easements. The Annexation Agreement must include notice that utility easements may be required to be provided by the landowner at the time of development to ensure necessary municipal services are available to the property. f. Assessments. The agreement must include notice that charges and assessments may be required after completion of annexation to ensure necessary municipal services are available to the property. g. Impact Fees. The Annexation Agreement must include notice that the City will assess system development and impact fees in accordance with Montana law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code. h. Impact Fees. All procedural terms necessary to establish the Annexation Agreement in conformance with state law and municipal practice will be included with the final Annexation Agreement. 10. Municipal Connection Term. The Annexation Agreement must include notice that the applicant must connect to municipal services and will be responsible for installing any facilities required to provide full municipal services to the property in accordance with city policy at the time of connection. 11. CIL of Water Term. The applicant must contact the City’s Engineering Department to obtain an analysis of cash-in-lieu of water rights for the proposed annexation. The determined amount must be paid prior to the adoption of Resolution of Annexation, if applicable. 12. All required materials shall be provided to the Department of Community Development within 60 days of a favorable action of the City Commission or any approval shall be null and void. Advisory Comments 1. Annexation and Zone Map revisions are required prior to final action as detailed in the Planning and Engineering comments. 2. BMC 38.410.070 (A) (1) Municipal water, sanitary sewer and storm sewer systems - The subject property is located within the Baxter Creek Sewer Drainage Basin, which currently does not have any wastewater infrastructure to service the proposed annexation. The applicant is advised that the City does not allow private lift stations or sanitary sewer basin jumps. Therefore, all sanitary sewer flows must be routed to the drainage basin that serves the area as identified in the City of Bozeman Wastewater Collection Facilities Plan. The applicant is advised that the City's wastewater facility plan identified the need for a future sanitary lift station (Hidden Valley Lift Station) and force main. Upon future development, a new lift station and associated infrastructure must be in place to serve the proposed area. 3. The applicant is advised that the annexation area is located on the edge of the City's existing pressure zone. New development may be required to reduce system pressure as outline in the City's adopted facility plan. In addition, transmission mains will be required to adequately loop the system as outline in the facility plan. 35 Staff Report for the Project Eighty-6 Annexation and Zone Map Amendment, Application 22113 Page 13 of 35 4. A Class I shared use path as described in the most recent facility plan addressing shared use path location and design standards will be required upon development of the subject property. The location must be reviewed and approved in coordination with the City. SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT Please note that these contingencies are necessary for the City to complete the process of the proposed amendment. These contingencies only apply in the event that the related annexation request has previously been approved. Recommended Contingencies of Approval: 1. That all documents and exhibits necessary to establish an initial municipal zoning designation shall be identified as the “Project Eight-6 Zone Map Amendment.” All required documents must be returned to the City within 60 days of the City Commission action to annex the property or the preliminary approval shall be null and void. 2. That the Ordinance for the Zone Map Amendment shall not be finalized until the Annexation Agreement is signed by the applicant and formally approved by the City Commission. If the annexation agreement is not approved, the Zone Map Amendment application shall be null and void. 3. That the applicant must submit a Zone Amendment map, titled “Project Eighty-6 Zone Map Amendment”. The map must be supplied as a PDF. This map must be acceptable to the City Engineer’s Office, and must be submitted within 60 days of the action to approve the zone map amendment. Said map shall contain a metes and bounds legal description of the perimeter of the subject property including adjacent right-of-ways or street easements, and total acreage of the property to be rezoned; unless the property to be rezoned can be entirely described by reference to existing platted properties or certificates of survey. 4. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant provides an editable metes and bounds legal description prepared by a licensed Montana surveyor. SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS Annexation Having considered the criteria established for an annexation, the Development Review Committee (DRC) did not find any deficiencies that prohibit annexation at this time. The City Commission will hold a public meeting on the annexation on December 6, 2022. The meeting will begin at 6 p.m. The meeting will be conducted through WebEx. Instructions on joining the meeting will be included on the meeting agenda. 36 Staff Report for the Project Eighty-6 Annexation and Zone Map Amendment, Application 22113 Page 14 of 35 Zone Map Amendment Having considered the criteria established for a zone map amendment, the Staff found the requested zoning meets standards for approval as submitted. The Zone Map Amendment (ZMA) is in conjunction with an annexation request. Staff’s recommendation and staff responses are predicated on approval of the annexation, application 22113. The Development Review Committee (DRC) considered the amendment. The DRC did not identify any infrastructure or regulatory constraints that would impede the approval of the application. The Community Development Board acting in their capacity as the Zoning Commission will hold a public hearing on this ZMA on November 21, 2022 and will forward a recommendation to the 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 hearing on the zone map amendment on December 6, 2022. The meeting will begin at 6 p.m. 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. SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS In considering applications for approval of the requested annexation, the advisory boards and City Commission shall consider the following: Commission Resolution No. 5076 Criteria Commission Resolution No. 5076 Goals Goal 1: The City of Bozeman encourages annexations of land contiguous to the City. Criterion Met. The property in question is contiguous to the City limits on the east. Goal 2: The City encourages all areas that are totally surrounded by the City to annex. Criterion Not Met. The subject property is not wholly surrounded. 37 Staff Report for the Project Eighty-6 Annexation and Zone Map Amendment, Application 22113 Page 15 of 35 Goal 3: The City encourages all properties currently contracting with the City for City services such as water, sanitary sewer, and/or fire protection to annex. Neutral. The subject property is currently vacant. It is not currently contracting with the City for water, sewer or fire protection services. Future development will be required to connect with City services. Goal 4: The City of Bozeman requires annexation of all land proposed for development lying within the existing and planned service area of the municipal water and sewer systems as depicted in their respective facility plans, any land proposed for development that proposes to utilize municipal water or sewer systems. Criterion Met. The subject property lies within the planned service area of the municipal water and sewer services. Future proposed developments will be required to utilize municipal water or sewer systems. The applicants intend to develop the property after annexation as evidenced by the request for REMU zoning. Goal 5: The City encourages annexations within the urban area identified on the future land use map in the current Bozeman Growth Policy. Criterion Met. As shown in Section 1, the subject property is planned as ‘Urban Neighborhood’ and is within the urban area of the growth policy. See the discussion under Criterion A of Section 6 of the report for more information on the growth policy. Goal 6: The City of Bozeman encourages annexations to make the City boundaries more regular rather than creating irregular extensions which leave unannexed gaps between annexed areas or islands of annexed or unannexed land. Criterion Met. The proposed annexation will create a peninsula to the west similar to the Silo Annexation recently reviewed and approved. However, this property in conjunction with the Silo property begins infilling un-annexed area between existing city boundary to the south and the extension of the city boundary to the north and across I-90 with the annexation of the Nelson Meadows property. See image 5 above. The parcel is quite large with a breadth quarter mile and a depth of approximately a half mile. Irregular extensions are not prohibited in and of themselves. Given the size, staff concludes this is not an irregular extension. The annexation will not create an annexation island Goal 7: The City of Bozeman encourages annexations which will enhance the existing traffic circulation system or provide for circulation systems that do not exist at the present time. Criterion Met. The subject property will provide additional right of way for Davis Lane to the east which is designated by the City as a minor arterial. Easements for Ferguson Road are required by the terms of annexation. An easement is required on the southern boundary for the future extension of Catamount Street. 38 Staff Report for the Project Eighty-6 Annexation and Zone Map Amendment, Application 22113 Page 16 of 35 A proposed shared use path has been identified adjacent to the watercourse in the middle of the property. In addition a future trail is indicated in two locations according to the PROST Plan. The PROST plan is currently being updated. The exact location of the shared use path is typically not identified at time of annexation. Upon development of the concept plan and development plans on the subject property will establish its location in conjunction with the most current relevant facility plan. This annexation will enhance both the City’s vehicular and pedestrian network by providing future right of way width for these improvements. Although the improvements will not happen at the time of annexation, future development will be required to install these improvements as their frontage requirements. Goal 8: The City prefers annexation of parcels of land larger than five (5) acres in size, but will allow annexation of smaller parcels if factors such as topographic limitations, sanitary disposal needs, fire access, maintenance of public facilities, etc., justify a smaller annexation. Criterion Met. The subject property is approximately 86 acres. Goal 9: The City seeks to obtain water rights adequate for future development of the property with annexation. Criterion Met. After annexation, the subject property will be bound to the provisions of 38.410.130 which require evaluation of water adequacy and provision of water if needed at time of development. The municipal code section requires water rights or an equivalent to be provided. Exact timing and amounts will be evaluated during development review. There are several methods to address the requirements of 38.410.130. The annexation agreement will provide notice of this requirement, see Terms of Annexation 11. The landowner will consent to this requirement by signature on the annexation agreement. Goal 10: The City of Bozeman encourages annexations for City provision of clean treated water and sanitary sewer. Criterion Met. The subject property is located within the City’s planned water and sewer service area. See Goal 4 above. Any future development will be required to connect to the City systems. Per Term of Annexation 3, the Annexation Agreement required to finalize the annexation requires the applicant to design extensions of services to meet the City’s adopted infrastructure standards. These include provisions for minimum water pressure and volumes, adequate sewer flows by volume, gravity flow of sewers, and other standards necessary to protect public health and safety and ensure functional utilities. 39 Staff Report for the Project Eighty-6 Annexation and Zone Map Amendment, Application 22113 Page 17 of 35 Resolution No. 5076 Policies Policy 1: Annexations must include dedication of all easements for rights-of-way for collector and arterial streets, adjacent local streets, public water, sanitary sewer, or storm or sewer mains, and Class I public trails not within the right of way for arterial or collector streets. Annexations must also include waivers of right to protest the creation of special or improvement districts necessary to provide the essential services for future development of the City. Criterion Met. As discussed in Section 5 Goal 7, additional right of way is being included for Davis Lane, Ferguson Avenue, and Catamount Street. The Recommended Terms of Annexation include requirements for these right of way provisions. See Terms of Annexation 3, 5, and 5. A Class I trail is designated according to the PROST Plan. No development plans were provided with the annexation and zoning applications. The adjacent properties to the north and south are undeveloped. A full wetland delineation, floodplain analysis, and watercourse typology determination from the appropriate review authority has not been completed. Therefore, describing and adopting an easement for the future construction of the pathway is not practicable at this time. As noted above an advisory comment is included to ensure all parties are aware of future development requirements. In addition, as with all development in the city, pursuant to section 38.400.110, easements, when required, and construction standards ensure Class I pathways are required where identified by the PROST Plan. See advisory comment No. 5. Policy 2: Issues pertaining to master planning and zoning must be addressed prior to or in conjunction with the application for annexation. Criterion Met. The subject property is planned for Urban Neighborhood. No change to the growth policy is required. The application includes a request for initial zoning of REMU. See the zone map amendment section of this report for analysis of the zone map amendment criteria. Policy 3: The application for annexation must be in conformance with the current Bozeman Growth Policy. If a Growth Policy Amendment is necessary to accommodate anticipated uses, the amendment process must be initiated by the property owner and completed prior to any action for approval of the application for annexation. Criterion Met. The property is designated “Urban Neighborhood” on the future land use map. No growth policy amendment is required. See discussion under zone map amendment Criterion A. Policy 4: Initial zoning classification of the property to be annexed will be determined by the City Commission, in compliance with the Bozeman Growth Policy and upon a 40 Staff Report for the Project Eighty-6 Annexation and Zone Map Amendment, Application 22113 Page 18 of 35 recommendation of the City Zoning Commission, simultaneously with review of the annexation petition. The Community Development Board acting in their capacity as the City Zoning Commission will be reviewing the requested zoning district designation on November 21, 2022. The Zoning Commission’s recommendation will be passed along to the City Commission for review and consideration along with the annexation request on December 6, 2022. Policy 5: The applicant must indicate their preferred zoning classification as part of the annexation petition. Criterion Met. The applicant has requested a zoning designation of REMU, Residential Emphasis Mixed Use district. See Section 6 of this report for analysis of the requested zoning. Policy 6: Fees for annexation processing will be established by the City Commission. Criterion Met. The appropriate application processing and review fees accompanied the application. Policy 7: It is the policy of the City that annexations will not be approved where unpaved county roads will be the most commonly used route to gain access to the property unless the landowner proposes a method to provide for construction of the road to the City’s street standards. Criterion Met. The subject property is accessed on the east by Davis Lane which is a minor arterial and paved to the edge of the subject property. Policy 8: Prior to annexation of property, the City will require the property owner to acquire adequate and usable water rights, or an appropriate fee in lieu thereof, in accordance with Section 38.410.130 of the municipal code, as amended. Criterion Met. The property owner shall provide usable water rights, or cash in-lieu of water rights thereof, in an amount to be determined by the Director of Public Works, as outlined by Section 38.410.130 of the municipal code. The calculated amount will be determined by the Director of Public Works and based on the zoning designation approved by the City Commission. Term of annexation 11 requires notice of this requirement to be part of the annexation agreement. Satisfaction of this requirement will occur with future development. Policy 9: Infrastructure and emergency services for an area proposed for annexation will be reviewed for the health, safety and welfare of the public and conformance with the City’s adopted facility plans. If the City determines adequate services cannot be provided to ensure public health, safety and welfare, the City may require the property owner to provide a written plan for accommodation of these services, or the City may reject the petition for annexation. Additionally, the parcel to be annexed may only be 41 Staff Report for the Project Eighty-6 Annexation and Zone Map Amendment, Application 22113 Page 19 of 35 provided sanitary sewer service via the applicable drainage basin defined in the City Wastewater Collection Facilities Plan. Criterion Met. City infrastructure and emergency services are available to the subject property. The property is located adjacent to existing urban development that is currently served by Bozeman Fire and Police Departments. The property is located in the City’s water and sewer service areas. Expansion of municipal utility and park facilities to serve the development will occur during the development process. As noted above, the annexation agreement will require future development to meet municipal standards. Policy 10: The City may require annexation of any contiguous property for which city services are requested or for which city services are currently being provided. In addition, any person, firm, or corporation receiving water or sewer service outside of the City limits is required as a condition of initiating or continuing such service, to consent to annexation of the property serviced by the City. The City Manager may enter into an agreement with a property owner for connection to the City’s sanitary sewer or water system in an emergency conditioned upon the submittal by the property owner of a petition for annexation and filing of a notice of consent to annexation with the Gallatin County Clerk and Recorder’s Office. The contract for connection to city sewer and/or water must require the property owner to annex or consent to disconnection of the services. Connection for purposes of obtaining City sewer services in an emergency requires, when feasible as determined by the City, the connection to City water services. Criterion Met. City services are not currently being provided to this property as it is vacant. Future development will be required to hook up to City services. This annexation is not a result of an emergency condition requiring connection. Policy 11: The annexation application shall be accompanied by mapping to meet the requirements of the Director of Public Works. Where an area to be annexed can be entirely described by reference to a certificate of survey or subdivision plat on file with the Gallatin County Clerk and Recorder the mapping may be waived by the Director of Public Works. Criterion Met. Mapping to meet the requirements of the Director of Public Works must be provided with the Annexation Agreement. Mapping requirements are addressed in Recommended Term of Annexation 2. The map must include adjacent right of way and therefore cannot be described solely by reference to platted lands. Policy 12: The City will assess system development/ impact fees in accordance with Montana law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code. Neutral. The annexation does not require immediate payment of fees and there are no existing buildings on the site. The annexation agreement will provide notice of obligations to pay impact fees at times of triggers as required in ordinance. 42 Staff Report for the Project Eighty-6 Annexation and Zone Map Amendment, Application 22113 Page 20 of 35 Policy 13: Public notice requirements: Notice for annexation of property must be coordinated with the required notice for the zone map amendment required with all annexation. The zone map amendment notice must contain the materials required by 38.220.410, BMC. Notices of the public hearing have been mailed, published in the Bozeman Daily Chronicle twice, and posted on the site as set forth under this policy. See Appendix A for more details. Policy 14: Annexation agreements must be executed and returned to the City within 60 days of distribution of the annexation agreement by the City, unless another time is specifically identified by the City Commission. Criterion Met. Suggested terms of annexation include a notice that the agreement, once prepared and provided to the applicant, must be signed and retuned within the stated time period. This policy will be implemented only if the Commission acts to grant approval. If the application is denied then no annexation agreement will be necessary. Policy 15: When possible, the use of Part 46 annexations is preferred. Criterion Met. This annexation is being processed under Part 46 provisions. Policy 16: Where a road improvement district has been created, the annexation does not repeal the creation of the district. The City will not assume operations of the district until the entirety of the district has been annexed. Any funds held in trust for the district will be used to benefit the district after transfer to the City. Inclusion within a district does not lessen the obligation to participate in general city programs that address the same subject. Neutral. No road improvement district is associated with this application. Policy 17: The City will notify the Gallatin County Planning Department and Fire District providing service to the area of applications for annexation. Criterion Met. The necessary agencies were notified and provided copies of the annexation and zoning application information. Policy 18: The City will require connection to and use of all City services upon development of annexed properties. The City may establish a fixed time frame for connection to municipal utilities. Upon development, unless otherwise approved by the City, septic systems must be properly abandoned and the development connected to the City sanitary sewer system. Upon development, unless otherwise approved by the City, water wells on the subject property may be used for irrigation, but any potable uses must be supplied from the City water distribution system and any wells disconnected 43 Staff Report for the Project Eighty-6 Annexation and Zone Map Amendment, Application 22113 Page 21 of 35 from structures. The property owner must contact the City Water and Sewer Superintendent to verify disconnects of wells and septic systems. Criterion Met. There are no existing septic systems or wells that will need to be abandoned. All future development will be required to connect to city services. SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications for plan approval under this title, the advisory boards and City Commission must consider the following criteria (letters A-K). As an amendment is a legislative action, the Commission has broad latitude to determine a policy direction. The burden of proof that the application should be approved lies with the applicant. A zone map amendment must be in accordance with the growth policy (criteria A) and be designed to secure safety from fire and other dangers (criteria B), promote public health, public safety, and general welfare (criteria C), and facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a zone map amendment the Commission must find Criteria A-D are met. In addition, the Commission must also consider criteria E-K, and may find the zone map amendment to be positive, neutral, or negative with regards to these criteria. To approve the zone map amendment, the Commission must find the positive outcomes of the amendment outweigh negative outcomes for criteria E-K. In determining whether the criteria are met, Staff considers the entire body of plans and regulations for land development. Standards which prevent or mitigated negative impacts are incorporated throughout the entire municipal code but are principally in Chapter 38, Unified Development Code. Section 76-2-304, MCA (Zoning) Criteria A. Be in accordance with a growth policy. Criterion Met. The Bozeman Community Plan (BCP) 2020, Chapter 5, p. 73, in the section titled Review Criteria for Zoning Amendments and Their Application, discusses how the various criteria in 76-2-304 MCA are applied locally. Application of the criteria varies depending on whether an amendment is for the zoning map or for the text of Chapter 38, BMC. The first criterion for a zoning amendment is accordance with a growth policy. Future Land Use Map The proposed amendment is a change to the zoning map. Therefore, it is necessary to analyze compliance with the future land use map. Chapter 3 of the BCP 2020 addresses the future land 44 Staff Report for the Project Eighty-6 Annexation and Zone Map Amendment, Application 22113 Page 22 of 35 use map. The introduction to that chapter discusses the importance of the chapter. Following are some excerpts. “Future land use is the community’s fundamental building block. It is an illustration of the City’s desired outcome to accommodate the complex and diverse needs of its residents.” “The land use map sets generalized expectations for what goes where in the community. Each category has its own descriptions. Understanding the future land use map is not possible without understanding the category descriptions.” The area of this application is within the anticipated growth area of the City. As shown on the maps in Section 1, on the excerpt of the current future land use map, the property is designated as Urban Neighborhood. The Urban Neighborhood designation description reads: “This category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single type of housing are discouraged. In limited instances, an area may develop at a lower gross density due to site constraints and/or natural features such as floodplains or steep slopes. Complementary uses such as parks, home-based occupations, fire stations, churches, schools, and some neighborhood-serving commerce provide activity centers for community gathering and services. The Urban Neighborhood designation indicates that development is expected to occur within municipal boundaries. This may require annexation prior to development. Applying a zoning district to specific parcels sets the required and allowed density. Higher density residential areas are encouraged to be, but are not required or restricted to, proximity to commercial mixed use areas to facilitate the provision of services and employment opportunities without requiring the use of a car.” The correlation between the future land use map of the growth policy and the zoning districts is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the following Correlation with Zoning Table excerpt, the REMU district is an implementing district of the Urban Neighborhood. The applicant is requesting REMU for the entire property, which is classified as a mixed-use zoning designation pursuant to section 38.300.110, BMC. The intent and purpose of the REMU district is to establish areas within Bozeman that are mixed-use in character and to 45 Staff Report for the Project Eighty-6 Annexation and Zone Map Amendment, Application 22113 Page 23 of 35 provide options for a variety of housing, employment, retail and neighborhood service opportunities within a new or existing neighborhood. These purposes are accomplished by a variety of objectives as detailed in Appendix B in this report. In other words it is a very permissive zoning district. Tables 38.310.040.A, B, & C list permitted uses in the REMU district. All types of residential structures are allowed from accessory dwelling units through apartment buildings, nearly all type of commercial uses such as retail, medical, offices, restaurants, and convenience uses are permitted. Industrial uses are limited although light manufacturing is permitted on a smaller scale. This zoning district correlates with the principles applied in the Bozeman Community Plan 2020. Many of the ten principles are listed under Basic Planning Precepts of the Plan are supported by the REMU district For example, the precept that urban design should integrate in residential and commercial land use activities, multimodal transportation, and open spaces is supported by the REMU district implementation strategies #5. Secondly, precept that a variety in housing and employment opportunities are essential is supported by the REMU district objectives #1 and 4. Third, diverse uses of land should occur relatively close to one another. This precept is supported by implementation strategy #2, 3, 4 and intent and purpose statement. Finally, the City intends to create a healthy, safe, resilient, and sustainable community by incorporating a holistic approach to the design, construction, and operation of buildings, neighborhoods, and the City as a whole. Developments should contribute to these goals and be integrated into their neighborhood and the larger community. This goals is implemented by the zoning districts strategy #3, 4, 5, and 6. Additional harmonious synergies are apparent but overall, the REMU district is supportive of the BCP 2020. Goals and Policies A zoning amendment is also evaluated against the goals and policies of the BCP 2020. Most of the goals and policies are not applicable to this application. Relevant goals and objectives have been identified by staff. Conflict with the text of the growth policy hasn’t been identified. The Short Term Action list on page 63 of the BCP 2020 describes 14 items to implement the growth policy. The first two relate to direct changes to the zoning map in support of listed goals and objectives. These include increasing the intensity of zoning districts in already developed areas. Beginning on page 71 of the BCP 2020 in the section titled Zoning Amendment Review, the document discusses how the City implements zoning for new areas, amendments to areas, and revisions to existing text. This section includes a discussion of when the City may initiate a zoning change to a more intensive district to increase development opportunities. This section demonstrates that the City, as a matter of policy, is supportive of more intensive zoning districts and development. It is inconsistent with this approach to zone at annexation for lower intensities than what infrastructure and planning documents will 46 Staff Report for the Project Eighty-6 Annexation and Zone Map Amendment, Application 22113 Page 24 of 35 support. This policy approach does not specify any individual district but does lean towards the more intensive portion of the zoning district spectrum. N-1.1 Promote housing diversity, including missing middle housing. N-1.3 Revise the zoning map to lessen areas exclusively zoned for single-type housing. Goal N-3: Promote a diverse supply of quality housing units. The requested REMU district supports all three of the above as it authorizes a wide range of housing types, lot sizes, and services to create a mix of housing. Goal DCD-1: Support urban development within the City. The proposed zoning is occurring in conjunction with an annexation. Any future development will be required to occur at urban densities and will be within the City. If the City Commission declines the annexation then the requested REMU zoning will not occur. DCD-1.11 Pursue annexations consistent with the future land use map and adopted facility plans for development at urban intensity. The proposed zoning is consistent with the future land use map and is within the current facilities plans. Goal RC-3: Collaborate with Gallatin County regarding annexation and development patterns adjacent to the City to provide certainty for landowners and taxpayers. Gallatin County has been notified of the proposed annexation. RC-3.3 Prioritize annexations that enable the incremental expansion of the City and its utilities. The property in question is contiguous to the City limits on the east. It adds approximately 86 acres to the City limits that is available for urban development. RC-3.4 Encourage annexation of land adjacent to the City prior to development and encourage annexation of wholly surrounded areas. Refer to previous response (RC – 3.3 response) B. Secure safety from fire and other dangers. Criterion Met. There are no current buildings, however future development will be served by the Bozeman Fire Department. Fire protection water supply will be provided by the City of Bozeman water system. The property is not within any delineated floodplain nor does it have other known natural hazards. Upon annexation the subject property will be provided with City emergency services including police, fire and ambulance. Future development of the property will be required to conform to all City of Bozeman public safety, building and land use 47 Staff Report for the Project Eighty-6 Annexation and Zone Map Amendment, Application 22113 Page 25 of 35 requirements. The City provides emergency services to adjacent properties and no obstacles have been identified in extending service to this parcel. C. Promote public health, public safety, and general welfare. Criterion Met. The proposed zoning designation will promote general welfare by implementing the future land use map in the BCP 2020. Public health and safety will be positively affected by requiring the two existing homes and new development to connect to municipal sanitary sewer and water systems, which will prevent groundwater pollution and depletion by wells and septic systems. As noted in Criterion B, further development and redevelopment must be in accordance with modern building, access, stormwater, pedestrian circulation, ingress and egress to the site, and full connection to the greater transportation network for users ensuring the promotion of public health, safety and general welfare. The annexation and development of this site will facilitate expansion of the non-motorized travel network with placement of a multi-use trail along water course. Presence of the trail will facilitate non-motorized travel and recreational activities supportive of personal health. D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. Criterion Met. This property is included in future planning areas. The City conducts extensive planning for municipal transportation, water, sewer, parks, and other facilities and services provided by the City. The adopted plans allow the City to consider existing conditions and identify enhancements needed to provide additional service needed by new development. The City implements these plans through its capital improvements program that identifies individual projects, project construction scheduling, and financing of construction. The City’s infrastructure plans show the necessary water, sewer, and streets can be provided for this site. In conjunction with any future development proposal specific analysis of additional demand from that development will be required and impacts must be mitigated. A large share of Chapters 38 and 40 of the municipal code and the state Subdivision and Platting Act are focused on ensuring provision of adequate infrastructure and services concurrently with development. The annexation agreement associated with this project will contractually bind the current and future landowners to conform to municipal standards for infrastructure. See Section 5 above. See also the advisory comments at the end of this report. As stated in 38.300.020.C, the designation of a zoning district does not guarantee approval of new development until the City verifies the availability of needed infrastructure. All zoning districts in Bozeman enable a wide range of uses and intensities. At time of future subdivision or site plan review the need for individual services can be more precisely determined. No subdivision or site plan is approved without demonstration of adequate capacity. 48 Staff Report for the Project Eighty-6 Annexation and Zone Map Amendment, Application 22113 Page 26 of 35 38.300.020.C, “Placement of any given zoning district on an area depicted on the zoning map indicates a judgment on the part of the city that the range of uses allowed within that district are generally acceptable in that location. It is not a guarantee of approval for any given use prior to the completion of the appropriate review procedure and compliance with all of the applicable requirements and development standards of this chapter and other applicable policies, laws and ordinances. It is also not a guarantee of immediate infrastructure availability or a commitment on the part of the city to bear the cost of extending services.” See also comments under Criterion C. All future construction must extend services in conjunction with subdivision and site development. Those extensions must meet current standards and will advance this standard. E. Reasonable provision of adequate light and air. Criterion Met. The REMU zoning designation has requirements for setbacks, height, and lot coverage which provide for the reasonable provision of adequate light and air. Any future development of the property will be required to conform to City standards for setbacks, height, lot coverage, and buffering. 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. The site has watercourse and likely wetlands running through the west central portion of the property. The City requires protection of wetlands. This requirement applies to all zoning districts. This will support additional light and air beyond what would otherwise be applicable on the site. F. The effect on motorized and non-motorized transportation systems. Criterion Met. The proposed zoning will allow for a higher density of uses than is currently allowed under Gallatin County zoning. The Gallatin County zoning is an agricultural protection zone which requires 20 acres per home. The site is presently a small grains field. Any development under Bozeman zoning will generate more traffic, on foot, bicycle, or vehicle, than a field. To meet the adopted standards of 38.400, when a development is proposed, it will be responsible for frontage improvements along Davis Lane as well as Catamount Street and Ferguson Avenue when triggered. In addition, the City’s proposed trails plan includes a shared use path on the property. Future development will be required to provide these improvements which will enhance the city’s motorized and non-motorized transportation systems. Local streets will be laid out and constructed as development proceeds. Sidewalks and bike facilities are minimum standards and will be constructed as needed. 49 Staff Report for the Project Eighty-6 Annexation and Zone Map Amendment, Application 22113 Page 27 of 35 The site is not yet addressed. Depending on where you attempt to assess the walk score there is a variability from a score of 1, a transit score of zero, and a bike score of 34 for 235 Hidden Valley Road to a score of 5, a transit score of 7, and a bike score of 32 for 3495 Davis Lane. 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 under development and therefore diversity of uses is less than in fully established areas. There are no adopted development standards relating to the walk score. If, as suggested by the applicant, their statement of constructing mixed-use, may eventually improve these scores. According to Walk Score® the walks score measures the walkability of any address based on the distance to nearby places and pedestrian friendliness. 90 – 100 Walker’s Paradise. Daily errands do not require a car. 70 – 89 Very Walkable. Most errands can be accomplished on foot. 50 – 69 Somewhat walkable. Some errands can be accomplished on foot. 25 – 49 Car-Dependent. Most errands require a car. 0 – 24 Car-Dependent. Almost all errands require a car. G. Promotion of compatible urban growth. Criterion Met. The intent and purpose of the REMU is to establish areas within Bozeman that are mixed-use in character and to provide options for a variety of housing, employment, retail and neighborhood service opportunities within a new or existing neighborhood. The character of the area is emerging. The subject property is adjacent to low to moderate density residential uses to the west, higher intensity commercial and residential uses to the east, and undeveloped property to the south and north. However, the Silo annexation property, also zoned REMU, is further to the north. The REMU district allows for a wide range of residential uses which allows for consideration of existing development to the east and west. In addition, the proposed zoning is in accordance with the Bozeman Community Plan’s future land use designation of Urban Neighborhood Use of this mixed-use zone is appropriate for areas adjacent to a variety of land uses and can stand alone to develop its own neighborhood character, as described in residential intent and purpose statement. Surrounding zoning includes medium to high density residential, County lands, and future commercial. 50 Staff Report for the Project Eighty-6 Annexation and Zone Map Amendment, Application 22113 Page 28 of 35 Creating a more dense residential development with commercial services adjacent to a higher intensity commercial area is a compatible use. In addition, the proposed zoning is in accordance with the Bozeman Community Plan’s future land use designation of Urban Neighborhood. H. Character of the district. Criterion Met. The proposed REMU zoning promotes the character of the district as the intent of the Residential Emphasis Mixed-use District is to: “… establish areas within Bozeman that are mixed-use in character and to provide options for a variety of housing, employment, retail and neighborhood service opportunities within a new or existing neighborhood.” Described in Appendix B below the district employs nine aspirational statements to encourage developers to design and construct developments that meet the intent and purpose of the district. 1. Emphasizing residential as the primary use, including single household dwellings, two to four household dwellings, townhouses, and apartments. 2. Providing for a diverse array of neighborhood-scaled commercial and civic uses supporting residential. 3. Emphasizing a vertical and horizontal mix of uses in a compact and walkable neighborhood setting. 4. Promoting neighborhoods that: a. Create self-sustaining neighborhoods that will lay the foundation for healthy lifestyles; b. Support compact, walkable developments that promote balanced transportation options; c. Have residential as the majority use with a range of densities; d. Provide for a diverse array of commercial and civic uses supporting residential; e. Have residential and commercial uses mixed vertically and/or horizontally; f. Locate commercial uses within walking distance; g. Incorporate a wider range of housing types; and h. Encourage developments that exhibit the physical design characteristics of vibrant, urban, and pedestrian-oriented complete streets. 5. Providing standards and guidelines that emphasize a sense of place: a. Support or add to an existing neighborhood context; b. Enhance an existing neighborhood's sense of place and strive to make it more self-sustainable; c. Encourage a new neighborhood commercial center(s) with a unique identity and strong sense of place; d. Develop commercial and mixed-use areas that are safe, comfortable, and attractive to pedestrians; and 51 Staff Report for the Project Eighty-6 Annexation and Zone Map Amendment, Application 22113 Page 29 of 35 e. Reinforce the principle of streets as public places that encourage pedestrian and bicycle travel, transit, on-street parking and physical elements of complete streets. 6. Providing standards and guidelines that emphasize natural amenities: a. Preserve and integrate the natural amenities into the development; and b. Appropriately balance a hierarchy of both parks and public spaces that are within the neighborhood. 7. Providing standards and guidelines that emphasize the development of centers: a. Group uses of property to create vibrant centers; b. Where appropriate create a center within an existing neighborhood; c. Facilitate proven, market driven projects to ensure both long and short-term financial viability; d. Allow an appropriate blend of complementary mixed land uses including, but not limited to, retail, offices, commercial services, restaurants, bars, hotels, recreation and civic uses, and housing, to create economic and social vitality; e. Foster the master plan development into a mix of feasible, market driven uses; f. Emphasize the need to serve the adjacent, local neighborhood and as well as the greater Bozeman area; and g. Maximize land use efficiency by encouraging shared use parking. 8. Promoting the integration of action: a. Support existing infrastructure that is within and adjacent to REMU zones; b. Encourage thoughtfully developed master planned communities; c. Provide flexibility in the placement and design of new developments and redevelopment to anticipate changes in the marketplace; d. Provide flexibility in phasing to help ensure both long and short term financial viability for the project as a whole; 9. Providing standards and guidelines that promote sustainable design: Use of this zone is appropriate for sites at least five acres in size and areas located adjacent to an existing or planned residential area to help sustain commercial uses within walking distance and a wider range of housing types With such a broad intent and purpose statement is difficult to find the REMU district would not be promotive of a district’s character. The applicant states the obvious that the REMU district, “will allow for similar and additional compatible uses and allow for increased residential density and small scale retail and restaurants…” However, other residential zoning districts allow the same residential structure types and densities as the REMU district. The REMU district allows great latitude for large scale commercial use as described in Table 38.310.040.A and B. Retail uses are limited as proportion of the master planned site, there is 52 Staff Report for the Project Eighty-6 Annexation and Zone Map Amendment, Application 22113 Page 30 of 35 no restrictions to convenience uses, offices, general service use, short term rentals, although hotels are limited to 40,000 square feet. Section 76-2-302, MCA says “…legislative body may divide the municipality into districts of the number, shape, and area as are considered best suited to carry out the purposes [promoting health, safety, morals, or the general welfare of the community] of this part.” Emphasis added. This proposal amends the zoning map and not the text. Therefore, no element of this amendment modifies the standards of any zoning district. The character of the districts as created by those standards remains intact. As noted above, the City Commission has latitude in considering the geographical extents of a zoning district. Application of any municipal zoning district to the subject property will alter the existing agricultural character of the subject property. It is not expected that zoning freeze the character of an area in perpetuity. Rather, it provides a structured method to consider changes to the character. The City has defined compatible development as: “The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and objectives of the city's adopted growth policy. Elements of compatible development include, but are not limited to, variety of architectural design; rhythm of architectural elements; scale; intensity; materials; building siting; lot and building size; hours of operation; and integration with existing community systems including water and sewer services, natural elements in the area, motorized and non-motorized transportation, and open spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design, density or use.” The City has adopted many standards to identify and avoid or mitigate demonstrable negative impacts of development. These will support the ability of future development in REMU to be compatible with adjacent development and uphold the residential character of the area. As noticed in the growth policy under discussion of this criterion a local street is considered an adequate separation between different uses and districts to minimize impacts, see page 77 of the Bozeman Community Plan 2020. The existing character of the site is as a field. Any change in zoning will modify the essential character of the property. To the east is the City limits with various higher density zoning districts. To the west are a variety of zoning districts and unzoned rural subdivisions create by occasional sales, filing of certificates of survey, family transfers (no longer owned by the original family), boundary relocations, and other options. Directly to the west is the Hidden Valley Mobile Home Park which is owned by a management company in San Diego, CA The zoning amendment is in conjunction with annexation of the property. It is appropriate to zone the annexing area consistent with the current growth policy and other standards of the 53 Staff Report for the Project Eighty-6 Annexation and Zone Map Amendment, Application 22113 Page 31 of 35 City. The amendment does not alter the allowed uses or standards within the adjacent unzoned rural properties. I. Peculiar suitability for particular uses. Criterion Met. The property is located adjacent to residential and commercial uses which the REMU envisions a combination of. The site is well located in relation to utilities and transportation. Proximity of housing to significant services and employment is encouraged in the growth policy. The proposed REMU zoning designation is suitable for the property’s location and adjacent uses. J. Conserving the value of buildings. Neutral. There are no existing buildings on the subject property. The amendment is for the zoning map and does not alter allowed uses on adjacent property. K. Encourage the most appropriate use of land throughout the jurisdictional area. Criterion Met. The proposed REMU zoning designation will encourage the most appropriate use of land as the property is adjacent to both residential and commercial uses. There is access to the city’s services, including streets, thus is able to support a higher intensity of uses as allowed within the REMU zoning district. Furthermore, the proposed REMU zoning designation is consistent with the BCP 2020 future land use map designation of “Urban Residential”. PROTEST NOTICE FOR ZONING AMENDMENTS IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION. The City will accept written protests from property owners against the proposal described in this report until the close of the public hearing before the City Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property within the area affected by the proposal or by owner(s) of real property that lie within 150 feet of an area affected by the proposal. The protest must be in writing and must be signed by all owners of the real property. In addition, a sufficient protest must: (i) contain a description of the action protested sufficient to identify the action against which the protest is lodged; and (ii) contain a statement of the protestor's qualifications (including listing all owners of the property and the physical address), to protest the action against which the protest is lodged, including ownership of property affected by the action. Signers are encouraged to print their names after their signatures. A person may in writing withdraw a previously filed protest at any time prior 54 Staff Report for the Project Eighty-6 Annexation and Zone Map Amendment, Application 22113 Page 32 of 35 to final action by the City Commission. Protests must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230. APPENDIX A - NOTICING AND PUBLIC COMMENT Notice was published in the Bozeman Daily Chronicle on November 6 and 13, 2022. The notice was posted on site and notices mailed by the applicant as required by 38.220 and the required confirmation provided to the Planning Office. Notice was provided at least 15 and not more than 45 days prior to any public hearing. As of the writing of this report on March 9, 2022, no written comments have been received on this application. APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING Adopted Growth Policy Designation: The property is designated as “Urban Neighborhood” in the Bozeman Community Plan 2020. “This category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single type of housing are discouraged. In limited instances, an area may develop at a lower gross density due to site constraints and/or natural features such as floodplains or steep slopes. Complementary uses such as parks, home-based occupations, fire stations, churches, schools, and some neighborhood-serving commerce provide activity centers for community gathering and services. The Urban Neighborhood designation indicates that development is expected to occur within municipal boundaries. This may require annexation prior to development. Applying a zoning district to specific parcels sets the required and allowed density. Higher density residential areas are encouraged to be, but are not required or restricted to, proximity to commercial mixed use areas to facilitate the provision of services and employment opportunities without requiring the use of a car.” Proposed Zoning Designation and Land Uses: The applicant has requested zoning of REMU, Residential Emphasis Mixed Use District whose intent is to: Residential emphasis mixed-use zoning district (REMU). The intent and purpose of the REMU district is to establish areas within Bozeman that are mixed-use in character and to provide options for a variety of housing, employment, retail and neighborhood service opportunities within a new or existing neighborhood. These purposes are accomplished by: 55 Staff Report for the Project Eighty-6 Annexation and Zone Map Amendment, Application 22113 Page 33 of 35 1. Emphasizing residential as the primary use, including single household dwellings, two to four household dwellings, townhouses, and apartments. 2. Providing for a diverse array of neighborhood-scaled commercial and civic uses supporting residential. 3. Emphasizing a vertical and horizontal mix of uses in a compact and walkable neighborhood setting. 4. Promoting neighborhoods that: i. Create self-sustaining neighborhoods that will lay the foundation for healthy lifestyles; j. Support compact, walkable developments that promote balanced transportation options; k. Have residential as the majority use with a range of densities; l. Provide for a diverse array of commercial and civic uses supporting residential; m. Have residential and commercial uses mixed vertically and/or horizontally; n. Locate commercial uses within walking distance; o. Incorporate a wider range of housing types; and p. Encourage developments that exhibit the physical design characteristics of vibrant, urban, and pedestrian-oriented complete streets. 5. Providing standards and guidelines that emphasize a sense of place: f. Support or add to an existing neighborhood context; g. Enhance an existing neighborhood's sense of place and strive to make it more self-sustainable; h. Encourage a new neighborhood commercial center(s) with a unique identity and strong sense of place; i. Develop commercial and mixed-use areas that are safe, comfortable, and attractive to pedestrians; and j. Reinforce the principle of streets as public places that encourage pedestrian and bicycle travel, transit, on-street parking and physical elements of complete streets. 6. Providing standards and guidelines that emphasize natural amenities: c. Preserve and integrate the natural amenities into the development; and d. Appropriately balance a hierarchy of both parks and public spaces that are within the neighborhood. 7. Providing standards and guidelines that emphasize the development of centers: a. Group uses of property to create vibrant centers; h. Where appropriate create a center within an existing neighborhood; i. Facilitate proven, market driven projects to ensure both long and short-term financial viability; 56 Staff Report for the Project Eighty-6 Annexation and Zone Map Amendment, Application 22113 Page 34 of 35 j. Allow an appropriate blend of complementary mixed land uses including, but not limited to, retail, offices, commercial services, restaurants, bars, hotels, recreation and civic uses, and housing, to create economic and social vitality; k. Foster the master plan development into a mix of feasible, market driven uses; l. Emphasize the need to serve the adjacent, local neighborhood and as well as the greater Bozeman area; and m. Maximize land use efficiency by encouraging shared use parking. 8. Promoting the integration of action: e. Support existing infrastructure that is within and adjacent to REMU zones; f. Encourage thoughtfully developed master planned communities; g. Provide flexibility in the placement and design of new developments and redevelopment to anticipate changes in the marketplace; h. Provide flexibility in phasing to help ensure both long and short term financial viability for the project as a whole; 9. Providing standards and guidelines that promote sustainable design: Use of this zone is appropriate for sites at least five acres in size and areas located adjacent to an existing or planned residential area to help sustain commercial uses within walking distance and a wider range of housing types. The Zoning Correlation Table on Page 58 of the Bozeman Community Plan, 2020 correlates zoning districts with the Growth Policy’s land use categories, demonstrating that the proposed zoning designation of REMU correlates with the Growth Policy’s future land use designation of “Residential Mixed-Use”. 57 Staff Report for the Project Eighty-6 Annexation and Zone Map Amendment, Application 22113 Page 35 of 35 APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF Owner: S&S Davis 86, LLC, 640 Taylor Street, Suite 2200, Fort Worth, TX 76102 Applicant: S&S Davis 86, LLC, 640 Taylor Street, Suite 2200, Fort Worth, TX 76102 Representative: Hyalite Engineers, 2304 N 7th Avenue, Suite L, Bozeman, MT 59718 Report By: Tom Rogers, Senior Planner, Community Development Department FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Annexation or Zone Map Amendment. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. 58 Memorandum REPORT TO:Community Development Board FROM:Tom Rogers, Senior Planner Anna Bentley, Community Development Director SUBJECT:Zone Map Amendment requesting to modify the City's zoning map on approximately 40 acres from R-2 (Residential Moderate Density) and R-1 (Residential Low Density) to REMU (Residential Emphasis Mixed Use); Application 22279. MEETING DATE:November 21, 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 22279 and move to recommend approval of the South 40 Zone Map Amendment, with contingencies required to complete the application processing. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:The applicant and property owners, Providence Development, seek to rezone an existing parcel of approximately 38.4 acres from R-2 (Residential Moderate Density) and R—1 (Residential Low Density) to REMU (Residential Emphasis Mixed Use). The property is on the east side South 19th bounded by West Graf Street on the north and South 15th Avenue to the east. The Future Land Use Map in the Bozeman Community Plan (BCP) 2020 designates the property as “Urban Neighborhood” which includes the REMU district as an implementing zoning district. Nearby municipal zoning to the south is REMU, R-3 (Residential Medium Density district) to the west and across South 19th Avenue, and R-1, and R-2 to the north. The property is undeveloped at this time. 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 59 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 Annexation or Zone Map Amendment. Attachments: 22279 South 40 ZMA CDB SR.pdf Report compiled on: November 17, 2022 60 Page 1 of 24 22279 Staff Report for the South 40 Zone Map Amendment Public Hearing: Community Development Board (Zoning Commission) meeting is on November 21, 2022 City Commission meeting is on December 13, 2022 Project Description: Zone Map Amendment requesting to modify the City’s zoning map on approximately 40 acres from R-2 (Residential Moderate Density) and R-1 (Residential Low Density) to REMU (Residential Emphasis Mixed Use). Project Location: The subject property is generally located at the southeast corner of South 19th Avenue and West Graf Street and more particularly described as Lot 1, Minor Subdivision No. 494, situated in Section 24, Township Two South (T2S), Range Five East (R5E), P.M.M., Gallatin County, Montana. Recommendation: Meets standards for approval with terms of annexation and contingencies. Recommended Community Development Board Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 22279 and move to recommend approval of the South 40 Zone Map Amendment, with contingencies required to complete the application processing. Recommended City Commission 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 22279 and move to approve the South 40 Zone Map Amendment. Report Date: November 17, 2022 Staff Contact: Tom Rogers, Senior Planner Lance Lehigh, City Engineer Agenda Item Type: Action - Legislative EXECUTIVE SUMMARY Unresolved Issues There are no identified conflicts on this application at this time. 61 Staff Report for the South 40 Zone Map Amendment, Application 22279 Page 2 of 24 Project Summary The applicant and property owners, Providence Development, seek to rezone an existing parcel of approximately 38.4 acres from R-2 (Residential Moderate Density) and R—1 (Residential Low Density) to REMU (Residential Emphasis Mixed Use). The property is on the east side South 19th bounded by West Graf Street on the north and South 15th Avenue to the east. The Future Land Use Map in the Bozeman Community Plan (BCP) 2020 designates the property as “Urban Neighborhood” which includes the REMU district as an implementing zoning district. Nearby municipal zoning to the south is REMU, R-3 (Residential Medium Density district) to the west and across South 19th Avenue, and R-1, and R-2 to the north. The property is undeveloped at this time. 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. The application materials are available on the City’s website in the laserfiche archive. Community Development Board (Zoning Commission) Summary The Community Development Board will hold a public hearing in their capacity as the Zoning Commission on November 21, 2022. After consideration of the application materials, Staff report, and public comment the Board will forward a recommendation to the City Commission. 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. 62 Staff Report for the South 40 Zone Map Amendment, Application 22279 Page 3 of 24 TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 1 Unresolved Issues ............................................................................................................... 1 Project Summary ................................................................................................................. 2 Community Development Board (Zoning Commission) Summary ................................... 2 Alternatives ......................................................................................................................... 2 SECTION 1 - MAP SERIES: ................................................................................................... 4 SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT..... 8 SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 8 SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ............. 9 PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 20 APPENDIX A - NOTICING AND PUBLIC COMMENT .................................................... 20 APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 20 APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF ............................ 23 FISCAL EFFECTS ................................................................................................................. 23 ATTACHMENTS ................................................................................................................... 24 63 Page 4 of 24 SECTION 1 - MAP SERIES: Map 1: Project Vicinity Map 64 Staff Report for the South 40 Zone Map Amendment, Application 22279 Page 5 of 24 Map 2: Project Aerial Vicinity Map 65 Staff Report for the South 40 Zone Map Amendment, Application 22279 Page 6 of 24 Map 3: BCP 2020 Future Land Use Map 66 Staff Report for the South 40 Zone Map Amendment, Application 22279 Page 7 of 24 Map 4: Aerial Image 67 Page 8 of 24 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. These contingencies only apply in the event that the related annexation request has previously been approved. Recommended Contingencies of Approval: 1. The applicant must submit a zone amendment map, titled “South 40 Zone Map Amendment”, acceptable to the Director of Public Works, as a PDF which will be utilized in the preparation of the Ordinance to officially amend the City of Bozeman Zoning Map. Said map shall contain a metes and bounds legal description of the perimeter of the subject property including adjacent rights-of-way, and total acreage of the property. 2. That all documents and exhibits necessary to amended municipal zoning designation of REMU (Residential Emphasis Mixed Use) shall be identified as the South 40 Zone Map Amendment. 3. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant provides an editable metes and bounds legal description prepared by a licensed Montana surveyor. SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS Having considered the criteria established for a zone map amendment, the Staff recommends approval as submitted. The Development Review Committee (DRC) considered the amendment on September 7, 2022. The DRC did not identify any infrastructure or regulatory constraints that would impede the approval of the application. The Community Development Board acting in their capacity as the Zoning Commission will hold a public hearing on this zone map amendment on November 21, 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 December 13, 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 68 Staff Report for the South 40 Zone Map Amendment, Application 22279 Page 9 of 24 included on the meeting agenda which is published on the City’s website at least 48 hours prior to the meeting. SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications for plan approval under this title, the advisory boards and City Commission must consider the following criteria (letters A-K). As an amendment is a legislative action, the Commission has broad latitude to determine a policy direction. The burden of proof that the application should be approved lies with the applicant. A zone map amendment must be in accordance with the growth policy (criteria A) and be designed to secure safety from fire and other dangers (criteria B), promote public health, public safety, and general welfare (criteria C), and facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a zone map amendment the Commission must find Criteria A-D are met. In addition, the Commission must also consider criteria E-K, and may find the zone map amendment to be positive, neutral, or negative with regards to these criteria. To approve the zone map amendment, the Commission must find the positive outcomes of the amendment outweigh negative outcomes for criteria E-K. In determining whether the criteria are met, Staff considers the entire body of plans and regulations for land development. Standards which prevent or mitigated negative impacts are incorporated throughout the entire municipal code but are principally in Chapter 38, Unified Development Code. Section 76-2-304, MCA (Zoning) Criteria A. Be in accordance with a growth policy. Criterion Met. The Bozeman Community Plan (BCP) 2020, Chapter 5, p. 73, in the section titled Review Criteria for Zoning Amendments and Their Application, discusses how the various criteria in 76-2-304 MCA are applied locally. Application of the criteria varies depending on whether an amendment is for the zoning map or for the text of Chapter 38, BMC. The first criterion for a zoning amendment is accordance with a growth policy. Future Land Use Map The proposed amendment is a change to the zoning map. Therefore, it is necessary to analyze compliance with the future land use map. Chapter 3 of the BCP 2020 addresses the future land use map. The introduction to that chapter discusses the importance of the chapter. Following are some excerpts. 69 Staff Report for the South 40 Zone Map Amendment, Application 22279 Page 10 of 24 “Future land use is the community’s fundamental building block. It is an illustration of the City’s desired outcome to accommodate the complex and diverse needs of its residents.” “The land use map sets generalized expectations for what goes where in the community. Each category has its own descriptions. Understanding the future land use map is not possible without understanding the category descriptions.” The area of this application is within the anticipated growth area of the City. As shown on the maps in Section 1, on the excerpt of the current future land use map, the property is designated as Urban Neighborhood. The Urban Neighborhood designation description reads: “This category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single type of housing are discouraged. In limited instances, an area may develop at a lower gross density due to site constraints and/or natural features such as floodplains or steep slopes. Complementary uses such as parks, home-based occupations, fire stations, churches, schools, and some neighborhood-serving commerce provide activity centers for community gathering and services. The Urban Neighborhood designation indicates that development is expected to occur within municipal boundaries. This may require annexation prior to development. Applying a zoning district to specific parcels sets the required and allowed density. Higher density residential areas are encouraged to be, but are not required or restricted to, proximity to commercial mixed use areas to facilitate the provision of services and employment opportunities without requiring the use of a car.” The correlation between the future land use map of the growth policy and the zoning districts is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the following Correlation with Zoning Table excerpt, the REMU district is an implementing district of the Urban Neighborhood. The applicant is requesting REMU for the entire property, which is classified as a commercial and mixed-use zoning designation pursuant to section 38.300.110, BMC. The intent and purpose of the REMU district is to establish areas within Bozeman that are mixed -use in character and to provide options for a variety of housing, employment, retail and neighborhood service opportunities within a new or existing neighborhood. These purposes 70 Staff Report for the South 40 Zone Map Amendment, Application 22279 Page 11 of 24 are accomplished by a variety of objectives as detailed in Appendix B in this report. In other words it is a very permissive zoning district. Tables 38.310.040.A, B, & C list permitted uses in the REMU district. All types of residential structures are allowed from accessory dwelling units through apartment buildings, nearly all type of commercial uses such as retail, medical, offices, restaurants, and convenience uses are permitted. Industrial uses are limited although light manufacturing is permitted on a smaller scale. This zoning district correlates with the principles applied in the Bozeman Community Plan 2020. Many of the ten principles are listed under Basic Planning Precepts of the Plan are supported by the REMU district For example, the precept that urban design should integrate in residential and commercial land use activities, multimodal transportation, and open spaces is supported by the REMU district implementation strategies #5. Secondly, precept that a variety in housing and employment opportunities are essential is supported by the REMU district objectives #1 and 4. Third, diverse uses of land should occur relatively close to one another. This precept is supported by implementation strategy #2, 3, 4 and intent and purpose statement. Finally, the City intends to create a healthy, safe, resilient, and sustainable community by incorporating a holistic approach to the design, construction, and operation of buildings, neighborhoods, and the City as a whole. Developments should contribute to these goals and be integrated into their neighborhood and the larger community. This goals is implemented by the zoning districts strategy #3, 4, 5, and 6. Additional harmonious synergies are apparent but overall, the REMU district is supportive of the BCP 2020. Goals and Policies A zoning amendment is also evaluated against the goals and policies of the BCP 2020. Most of the goals and policies are not applicable to this application. Relevant goals and objectives have been identified by staff. Conflict with the text of the growth policy hasn’t been identified. The Short Term Action list on page 63 of the BCP 2020 describes 14 items to implement the growth policy. The first two relate to direct changes to the zoning map in support of listed goals and objectives. These include increasing the intensity of zoning districts in already developed areas. Beginning on page 71 of the BCP 2020 in the section titled Zoning Amendment Review, the document discusses how the City implements zoning for new areas, amendments to areas, and revisions to existing text. This section includes a discussion of when the City may initiate a zoning change to a more intensive district to increase development opportunities. This section demonstrates that the City, as a matter of policy, is supportive of more intensive zoning districts and development. It is inconsistent with this approach to zone at annexation for lower intensities than what infrastructure and planning documents will support. This policy approach does not specify any individual district but does lean towards the more intensive portion of the zoning district spectrum. 71 Staff Report for the South 40 Zone Map Amendment, Application 22279 Page 12 of 24 The applicant provided a thorough analysis of the request in the project narrative. Staff generally concurs with this argument and adopts it as its own under the assumption that future development will substantially meets the intent and purpose of the Urban Neighborhood future land use designation and the REMU district which is to establish areas within Bozeman that are mixed-use in character and to provide options for a variety of housing, employment, retail and neighborhood service opportunities within a new or existing neighborhood [emphasis added]. Please see “Project Narrative”, page 5 – 9. https://weblink.bozeman.net/WebLink/Browse.aspx?startid=264024&cr Excerpts from the narrative. “Goal N-1: Support well-planned, walkable neighborhoods. REMU is a mixed-use district zone that would allow for a mix of housing and commercial uses. Residents would have the opportunity to live, work, and shop in close proximity to where they live which facilitates walkability. Additionally, it is understood that any future development will continue all logical extension of the street grid where appropriate. These street extensions will create blocks that lend themselves to being more walkable in nature. This neighborhood will also tie into the neighborhoods to the east and south further expanding the connectivity of this entire area. N-1.1 Promote housing diversity, including missing middle housing. N-1.3 Revise the zoning map to lessen areas exclusively zoned for single-type housing. Outside of the business zoning districts REMU provides the most permitted housing options which promotes housing diversity. The existing R-1 and R-2 are extremely limited in the number of housing types allowed. This change to REMU will allow for the creation of density at a variety of housing types and scales, which isn’t allowed in the current R-1 & R-2 zoning districts. N-1.9 Ensure multimodal connections between adjacent developments Future development of the site will be subject to the City’s Master Site Plan review process emphasizing multimodal connections between adjacent developments. N-1.10 Increase connectivity between parks and neighborhoods through continued trail and sidewalk development. Prioritize closing gaps within the network. Future development of the site will be subject to the City’s Master Site Plan review process emphasizing closing gaps within the network of trails and sidewalks. Where logical, extension of parks and trails will be considered to enhance the overall pedestrian network. Goal N-2: Pursue simultaneous emergence of commercial nodes and residential development through diverse mechanisms in appropriate locations. 72 Staff Report for the South 40 Zone Map Amendment, Application 22279 Page 13 of 24 The REMU zoning district encourages a mix of residential and commercial uses allowing for the development of a commercial node. The site is adjacent to a principal arterial corridor (19th Avenue) and a collector street (Graf Street) which is an appropriate location for a commercial node to occur. N-2.1 Ensure the zoning map identifies locations for neighborhood and community commercial nodes early in the development process. The REMU zoning district encourages a mix of residential and commercial uses allowing for the development of a commercial node. N-2.3 Investigate and encourage development of commerce concurrent with, or soon after, residential development. Actions, staff, and budgetary resources relating to neighborhood commercial development should be given a high priority. The REMU zoning district allows for and encourages the development of commercial uses in conjunction with a varying mix of residential uses. Goal N-3: Promote a diverse supply of quality housing units. N-3.1 Establish standards for provisions of diversity of housing types in a given area. The REMU zoning designations would allow for a diversity of housing units in contrast to the current R-1 zoning designation.“ The BCP 2020 makes numerous references to housing diversity as a desired outcome which is encouraged through the City’s development code. The applicant’s argument for granting the significant up zone to REMU relies heavily on this the theme of housing diversity compared to housing types allowed in the R-1 and R-2 zoning districts. There is very little experience with the type of housing that is ultimately constructed in REMU districts. There is no indication what character or meaningful housing variety the future development may include in the project narrative. The City’s development code does not mandate housing variety, only encourages. Based on historical and current trends, the community is seeing mostly mid-size to large apartment buildings and single-detached housing typologies. If housing variety is not included with future development proposals the applicant’s argument used to justify the zoning change may be spurious. The State prohibits conditioning zone changes which creates a disconnect between the goals and objective of the Community Plan and the expectation the governing body uses to justify grating substantial development entitlement if development does not mimic the aspirational goals described in an application that are used to justify a change of zoning. 73 Staff Report for the South 40 Zone Map Amendment, Application 22279 Page 14 of 24 B. Secure safety from fire and other dangers. Criterion Met. There are no current buildings, however future development will be served by the Bozeman Fire Department. Fire protection water supply will be provided by the City of Bozeman water system. The property is not within any delineated floodplain nor does it have other known natural hazards. Upon annexation the subject property will be provided with City emergency services including police, fire and ambulance. Future development of the property will be required to conform to all City of Bozeman public safety, building and land use requirements. The City provides emergency services to adjacent properties and no obstacles have been identified in extending service to this parcel. C. Promote public health, public safety, and general welfare. Criterion met. City development standards included in Chapter 38, Unified Development Code, building codes, and engineering standards all ensure that this criterion is met. Adequate water and sewer supply and conveyance provide for public health through clean water. Rapid and effective emergency response provides for public safety. The City’s standards ensure that adequate services are provided prior to building construction which advances this criterion. General welfare has been evaluated during the adoption of Chapter 38 and found to be advanced by the adopted standards. Provision of parks, control of storm water, and other features of the City’s development standards also advance the general welfare. Compliance with the BCP 2020 as described in Section 4, Criterion A, shows advancement of the well- being of the community as a whole. See also Criterion B. D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. Criterion Met. This property is included in future planning areas. The City conducts extensive planning for municipal transportation, water, sewer, parks, and other facilities and services provided by the City. The adopted plans allow the City to consider existing conditions and identify enhancements needed to provide additional service needed by new development. The City implements these plans through its capital improvements program that identifies individual projects, project construction scheduling, and financing of construction. As stated in 38.300.020.C, the designation of a zoning district does not guarantee approval of new development until the City verifies the availability of needed infrastructure. All zoning districts in Bozeman enable a wide range of uses and intensities. At time of future subdivision or site plan review the need for individual services can be more precisely determined. No subdivision or site plan is approved without demonstration of adequate capacity. 38.300.020.C, “Placement of any given zoning district on an area depicted on the zoning map indicates a judgment on the part of the city that the range of uses allowed within that district are generally acceptable in that location. It is not a guarantee of approval for any given use prior to the completion of the appropriate review procedure and compliance with all of the applicable requirements and development standards of this 74 Staff Report for the South 40 Zone Map Amendment, Application 22279 Page 15 of 24 chapter and other applicable policies, laws and ordinances. It is also not a guarantee of immediate infrastructure availability or a commitment on the part of the city to bear the cost of extending services.” See also comments under Criterion C. E. Reasonable provision of adequate light and air. Criterion Met. The REMU zoning designation has requirements for setbacks, height, and lot coverage which provide for the reasonable provision of adequate light and air. Any future development of the property will be required to conform to City standards for setbacks, height, lot coverage, and buffering. The form and intensity standards, Division 38.320, provide minimum lot areas, lot widths, lot coverage and maximum floor area ratios, and prescribe require minimum separation from property lines and limits building heights. Section 38.520.030 requires building placement to ensure access to light and air. Division 38.420 and Section 38.520.060 require dedication of parks and on-site open spaces to meet needs of residents. The standards provide a reasonable provision of adequate light and air. In addition to the zoning standards, adopted building codes contain more detailed requirements for air circulation, window placement, and building separation that further ensure the intent of this criterion is satisfied. F. The effect on motorized and non-motorized transportation systems. Criterion met. The property is adjacent to a designated collector street and a principal arterial according to the Bozeman Transportation Plan, 2017 Update. To meet the adopted standards of 38.400, when a development is proposed, it will be responsible for frontage improvements along South 19th, West Graff Street, and local streets to connect to the existing street grid. Future development will be required to provide these improvements which will enhance the city’s motorized and non-motorized transportation systems. Local streets will be laid out and constructed as development proceeds. Sidewalks and bike facilities are minimum standards and will be constructed as needed. There is no addresses assigned to the subject property at this time. Hope Lutheran Church on the west side of South 19th has a Walk Score 2 and a bike score of 49. The nearest home site to the east is addressed at 1415 Brookdale Drive to the east shows a Walk Score of 6. 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. 75 Staff Report for the South 40 Zone Map Amendment, Application 22279 Page 16 of 24 25 – 49 Car-Dependent. Most errands require a car. 0 – 24 Car-Dependent. Almost all errands require a car. These values are provided by Walk Score, a private organization which presents information on real estate and transportation through walkscore.com. The algorithm which produces these numbers is proprietary. A score is not an indication of safety or continuity of services or routes. Scores are influenced by proximity of housing, transit, and services and expected ability, as determined by the algorithm, to meet basic needs without using a car. Sites located on the edge of the community have lower scores than those in the center of the community as the area is still under development and therefore diversity of uses is less than in fully established areas. There are no adopted development standards relating to the walk score. G. Promotion of compatible urban growth. Criterion Met. The intent and purpose of the REMU is to establish areas within Bozeman that are mixed-use in character and to provide options for a variety of housing, employment, retail and neighborhood service opportunities within a new or existing neighborhood. Although the character of the area is emerging it is designated as Urban Neighborhood in the BCP, 2020. Illustrated in the map series above a variety of zoning district are in the area. These include low density residential through high density and additional REMU zoning. The Blackwood Groves development is directly to the south of this property which includes 120 acres of REMU. All zoning districts in the immediate vicinity are residential in character. Use of this residential emphasis mixed-use zone is appropriate for areas adjacent to a variety of land uses focused on residential activity yet can stand alone to develop its own neighborhood character, as described in the REMU intent and purpose statement. Creating a more dense residential development with commercial services adjacent to a higher intensity commercial area is a compatible use. In addition, the proposed zoning is in accordance with the Bozeman Community Plan’s future land use designation of Urban Neighborhood. H. Character of the district. Criterion Met. The proposed REMU zoning promotes the character of the district as the intent of the Residential Emphasis Mixed-use District is to: “… establish areas within Bozeman that are mixed-use in character and to provide options for a variety of housing, employment, retail and neighborhood service opportunities within a new or existing neighborhood.” Described in Appendix B below the district employs nine aspirational statements to encourage developers to design and construct developments that meet the intent and purpose of the district. 76 Staff Report for the South 40 Zone Map Amendment, Application 22279 Page 17 of 24 1. Emphasizing residential as the primary use, including single household dwellings, two to four household dwellings, townhouses, and apartments. 2. Providing for a diverse array of neighborhood-scaled commercial and civic uses supporting residential. 3. Emphasizing a vertical and horizontal mix of uses in a compact and walkable neighborhood setting. 4. Promoting neighborhoods that: a. Create self-sustaining neighborhoods that will lay the foundation for healthy lifestyles; b. Support compact, walkable developments that promote balanced transportation options; c. Have residential as the majority use with a range of densities; d. Provide for a diverse array of commercial and civic uses supporting residential; e. Have residential and commercial uses mixed vertically and/or horizontally; f. Locate commercial uses within walking distance; g. Incorporate a wider range of housing types; and h. Encourage developments that exhibit the physical design characteristics of vibrant, urban, and pedestrian-oriented complete streets. 5. Providing standards and guidelines that emphasize a sense of place: a. Support or add to an existing neighborhood context; b. Enhance an existing neighborhood's sense of place and strive to make it more self-sustainable; c. Encourage a new neighborhood commercial center(s) with a unique identity and strong sense of place; d. Develop commercial and mixed-use areas that are safe, comfortable, and attractive to pedestrians; and e. Reinforce the principle of streets as public places that encourage pedestrian and bicycle travel, transit, on-street parking and physical elements of complete streets. 6. Providing standards and guidelines that emphasize natural amenities: a. Preserve and integrate the natural amenities into the development; and b. Appropriately balance a hierarchy of both parks and public spaces that are within the neighborhood. 7. Providing standards and guidelines that emphasize the development of centers: a. Group uses of property to create vibrant centers; b. Where appropriate create a center within an existing neighborhood; c. Facilitate proven, market driven projects to ensure both long and short-term financial viability; 77 Staff Report for the South 40 Zone Map Amendment, Application 22279 Page 18 of 24 d. Allow an appropriate blend of complementary mixed land uses including, but not limited to, retail, offices, commercial services, restaurants, bars, hotels, recreation and civic uses, and housing, to create economic and social vitality; e. Foster the master plan development into a mix of feasible, market driven uses; f. Emphasize the need to serve the adjacent, local neighborhood and as well as the greater Bozeman area; and g. Maximize land use efficiency by encouraging shared use parking. 8. Promoting the integration of action: a. Support existing infrastructure that is within and adjacent to REMU zones; b. Encourage thoughtfully developed master planned communities; c. Provide flexibility in the placement and design of new developments and redevelopment to anticipate changes in the marketplace; d. Provide flexibility in phasing to help ensure both long and short term financial viability for the project as a whole; 9. Providing standards and guidelines that promote sustainable design: Use of this zone is appropriate for sites at least five acres in size and areas located adjacent to an existing or planned residential area to help sustain commercial uses within walking distance and a wider range of housing types With such a broad intent and purpose statement is difficult to find the REMU district would not be promotive of a districts character. The applicant states the obvious that the REMU district, “will allow for similar and additional compatible uses and allow for increased residential density and small scale retail and restaurants…” However, other residential zoning districts allow the same residential structure types and densities as the REMU district. The REMU district allows great latitude for large scale commercial use as described in Table 38.310.040.A and B. Retail uses are limited as proportion of the master planned site, there is no restrictions to convenience uses, offices, general service use, short term rentals, although hotels are limited to 40,000 square feet. Section 76-2-302, MCA says “…legislative body may divide the municipality into districts of the number, shape, and area as are considered best suited to carry out the purposes [promoting health, safety, morals, or the general welfare of the community] of this part.” Emphasis added. This proposal amends the zoning map and not the text. Therefore, no element of this amendment modifies the standards of any zoning district. The character of the districts as created by those standards remains intact. As noted above, the City Commission has latitude in considering the geographical extents of a zoning district. Application of any municipal zoning district to the subject property will alter the existing agricultural character of the subject property. It is not expected that zoning freeze the character of an area in perpetuity. Rather, it provides a structured method to consider changes to the character. 78 Staff Report for the South 40 Zone Map Amendment, Application 22279 Page 19 of 24 The City has defined compatible development as: “The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and objectives of the city's adopted growth policy. Elements of compatible development include, but are not limited to, variety of architectural design; rhythm of architectural elements; scale; intensity; materials; building siting; lot and building size; hours of operation; and integration with existing community systems including water and sewer services, natural elements in the area, motorized and non-motorized transportation, and open spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design, density or use.” The City has adopted many standards to identify and avoid or mitigate demonstrable negative impacts of development. These will support the ability of future development in REMU to be compatible with adjacent development and uphold the residential character of the area. As noticed in the growth policy under discussion of this criterion a local street is considered an adequate separation between different uses and districts to minimize impacts, see page 77 of the Bozeman Community Plan 2020. Two areas in the vicinity are zoned REMU. The addition of this 40 acre property will result in a total of 290 acres of REMU in the area. I. Peculiar suitability for particular uses. Criterion Met. The property is located adjacent to residential and commercial uses which the REMU envisions a combination of. The site is well located in relation to utilities and transportation. Proximity of housing to significant services and employment is encouraged in the growth policy. The proposed REMU zoning designation is suitable for the property’s location and adjacent uses. J. Conserving the value of buildings. Neutral. There are no existing buildings on the subject property. The amendment is for the zoning map and does not alter allowed uses on adjacent property. K. Encourage the most appropriate use of land throughout the jurisdictional area. Criterion Met. The proposed REMU zoning designation will encourage the most appropriate use of land as the property is adjacent to both residential and commercial uses. There is access to the city’s services, including streets, thus is able to support a higher intensity of uses as allowed within the REMU zoning district. Furthermore, the proposed REMU zoning designation is consistent with the BCP 2020 future land use map designation of “Urban Neighborhood”. 79 Staff Report for the South 40 Zone Map Amendment, Application 22279 Page 20 of 24 PROTEST NOTICE FOR ZONING AMENDMENTS IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION. The City will accept written protests from property owners against the proposal described in this report until the close of the public hearing before the City Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property within the area affected by the proposal or by owner(s) of real property that lie within 150 feet of an area affected by the proposal. The protest must be in writing and must be signed by all owners of the real property. In addition, a sufficient protest must: (i) contain a description of the action protested sufficient to identify the action against which the protest is lodged; and (ii) contain a statement of the protestor's qualifications (including listing all owners of the property and the physical address), to protest the action against which the protest is lodged, including ownership of property affected by the action. Signers are encouraged to print their names after their signatures. A person may in writing withdraw a previously filed protest at any time prior to final action by the City Commission. Protests must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230. APPENDIX A - NOTICING AND PUBLIC COMMENT Notice was published in the Bozeman Daily Chronicle on November 6 and 13, 2022. The notice was posted on site and notices mailed by the applicant as required by 38.220 and the required confirmation provided to the Planning Office. Notice was provided at least 15 and not more than 45 days prior to any public hearing. As of the writing of this report on November 17, 2022, no written comments have been received on this application. APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING Adopted Growth Policy Designation: The property is designated as “Urban Neighborhood” in the Bozeman Community Plan 2020. “This category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single type of housing are discouraged. In limited instances, an area may develop at a lower gross density due to site constraints and/or natural features such as floodplains or steep slopes. Complementary uses such 80 Staff Report for the South 40 Zone Map Amendment, Application 22279 Page 21 of 24 as parks, home-based occupations, fire stations, churches, schools, and some neighborhood-serving commerce provide activity centers for community gathering and services. The Urban Neighborhood designation indicates that development is expected to occur within municipal boundaries. This may require annexation prior to development. Applying a zoning district to specific parcels sets the required and allowed density. Higher density residential areas are encouraged to be, but are not required or restricted to, proximity to commercial mixed use areas to facilitate the provision of services and employment opportunities without requiring the use of a car.” Proposed Zoning Designation and Land Uses: The applicant has requested zoning of REMU, Residential Emphasis Mixed Use District whose intent is to: Residential emphasis mixed-use zoning district (REMU). The intent and purpose of the REMU district is to establish areas within Bozeman that are mixed-use in character and to provide options for a variety of housing, employment, retail and neighborhood service opportunities within a new or existing neighborhood. These purposes are accomplished by: 1. Emphasizing residential as the primary use, including single household dwellings, two to four household dwellings, townhouses, and apartments. 2. Providing for a diverse array of neighborhood-scaled commercial and civic uses supporting residential. 3. Emphasizing a vertical and horizontal mix of uses in a compact and walkable neighborhood setting. 4. Promoting neighborhoods that: i. Create self-sustaining neighborhoods that will lay the foundation for healthy lifestyles; j. Support compact, walkable developments that promote balanced transportation options; k. Have residential as the majority use with a range of densities; l. Provide for a diverse array of commercial and civic uses supporting residential; m. Have residential and commercial uses mixed vertically and/or horizontally; n. Locate commercial uses within walking distance; o. Incorporate a wider range of housing types; and p. Encourage developments that exhibit the physical design characteristics of vibrant, urban, and pedestrian-oriented complete streets. 5. Providing standards and guidelines that emphasize a sense of place: f. Support or add to an existing neighborhood context; 81 Staff Report for the South 40 Zone Map Amendment, Application 22279 Page 22 of 24 g. Enhance an existing neighborhood's sense of place and strive to make it more self-sustainable; h. Encourage a new neighborhood commercial center(s) with a unique identity and strong sense of place; i. Develop commercial and mixed-use areas that are safe, comfortable, and attractive to pedestrians; and j. Reinforce the principle of streets as public places that encourage pedestrian and bicycle travel, transit, on-street parking and physical elements of complete streets. 6. Providing standards and guidelines that emphasize natural amenities: c. Preserve and integrate the natural amenities into the development; and d. Appropriately balance a hierarchy of both parks and public spaces that are within the neighborhood. 7. Providing standards and guidelines that emphasize the development of centers: a. Group uses of property to create vibrant centers; h. Where appropriate create a center within an existing neighborhood; i. Facilitate proven, market driven projects to ensure both long and short-term financial viability; j. Allow an appropriate blend of complementary mixed land uses including, but not limited to, retail, offices, commercial services, restaurants, bars, hotels, recreation and civic uses, and housing, to create economic and social vitality; k. Foster the master plan development into a mix of feasible, market driven uses; l. Emphasize the need to serve the adjacent, local neighborhood and as well as the greater Bozeman area; and m. Maximize land use efficiency by encouraging shared use parking. 8. Promoting the integration of action: e. Support existing infrastructure that is within and adjacent to REMU zones; f. Encourage thoughtfully developed master planned communities; g. Provide flexibility in the placement and design of new developments and redevelopment to anticipate changes in the marketplace; h. Provide flexibility in phasing to help ensure both long and short term financial viability for the project as a whole; 9. Providing standards and guidelines that promote sustainable design: 82 Staff Report for the South 40 Zone Map Amendment, Application 22279 Page 23 of 24 Use of this zone is appropriate for sites at least five acres in size and areas located adjacent to an existing or planned residential area to help sustain commercial uses within walking distance and a wider range of housing types. The Zoning Correlation Table on Page 58 of the Bozeman Community Plan, 2020 correlates zoning districts with the Growth Policy’s land use categories, demonstrating that the proposed zoning designation of REMU correlates with the Growth Policy’s future land use designation of “Residential Mixed-Use”. APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF Owner: Providence Development, Box 4082, Bozeman, MT 59771 Applicant: Providence Development, Box 4082, Bozeman, MT 59771 Representative: Intrinsik Architecture, Inc., 106 E Babcock, Suite 1A, Bozeman, MT 59715 Report By: Tom Rogers, Senior Planner, Community Development Department FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Annexation or Zone Map Amendment. 83 Staff Report for the South 40 Zone Map Amendment, Application 22279 Page 24 of 24 ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. The application materials are available on the City’s website in the laserfiche archive. 84 Memorandum REPORT TO:Community Development Board FROM:Anna Bentley, Community Development Director SUBJECT:Community Development Board Member Opportunity to Tour the Bridger View Neighborhood in January MEETING DATE:November 21, 2022 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:No action required. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:The Bridger View neighborhood is a relatively recently completed residential development located near Story Mill Park. The development, through the Headwaters Community Housing Trust, offers 31 below-market homes in addition to other market-rate homes. A representative from Bridger View has offered to provide a tour of the community to Board members in January. Staff wants to gauge Board member interest in advance of scheduling, and then issuing public notice if a quorum will be present. UNRESOLVED ISSUES:None. ALTERNATIVES:None. FISCAL EFFECTS:None. Report compiled on: November 16, 2022 85 Memorandum REPORT TO:Community Development Board FROM:Chris Saunders, Community Development Manager Anna Bentley, Community Development Director SUBJECT:Upcoming Items Expected for December 5, 2022 Community Development Board Meeting MEETING DATE:November 21, 2022 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:No action required. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:The following project review items are presently scheduled for the December 5, 2022 Community Development Board meeting. 1. Ferguson Farm Preliminary Planned Unit Development in capacity as design review board, application 19028 2. Ferguson Farm Preliminary Plat a major subdivision in capacity as planning board, application 19027 3. Nexus Point Preliminary Plat a major subdivision in capacity as planning board, application 22246 4. Innovation Campus Growth Policy Amendment in capacity as planning board, application 22282 5. Fraternity/Sorority Text Amendment in capacity as zoning commission, application 22270 UNRESOLVED ISSUES:None. ALTERNATIVES:None. FISCAL EFFECTS:None. Report compiled on: November 16, 2022 86