The URL can be used to link to this page

Home My WebLink About12-05-22 CDB Agenda and Packet MaterialsA.Call to Order - 6:00 pm B.Disclosures C.Changes to the Agenda D.Approval of Minutes D.1 Approval of Minutes(Fuller) E.Consent Items E.1 Nexus Point Major Subdivision Preliminary Plat; Project No. 22246 (Montana) F.Public Comments This is the time to comment on any matter falling within the scope of the Community Development Board. There will also be time in conjunction with each agenda item for public THE COMMUNITY DEVELOPMENT BOARD OF BOZEMAN, MONTANA CD AGENDA Monday, December 5, 2022 This meeting will be held both in-person and also using Webex, an online videoconferencing system. You can join this meeting: Via Webex - our online viewing stream : 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: 2554 780 0803 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 comment relating to that item but you may only speak once. Please note, the Community Development Board cannot take action on any item which does not appear on the agenda. All persons addressing the Community Development Board shall speak in a civil and courteous manner and members of the audience shall be respectful of others. Please state your name and place of residence in an audible tone of voice for the record and limit your comments to three minutes. General public comments to the Board can be found in their Laserfiche repository folder. G.Special Presentations H.Action Items H.1 Ferguson Farms II Preliminary PUD, 31 acres located at 4250 Fallon Street (northwest corner of Ferguson Ave and Huffine Ln), Application 19028(Montana) H.2 Ferguson Farms II Major Subdivision Preliminary Plat application, 31 acres located at 4250 Fallon Street (northwest corner of Ferguson Ave and Huffine Ln), Application 19027(Montana.) H.3 MSU Innovation Campus Growth Policy Amendment to Amend the Future Land Use Map from Public Institutions to Regional Commercial and Services on Approximately 42 Acres Located Southwest of the Intersection of College Street and S. 23rd Avenue, Application 22282(Saunders) I.FYI/Discussions I.1 Upcoming Items Expected for December 19, 2022 Community Development Board Meeting(Saunders) J.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:Jonathan Fuller Community Development Technician Lacie Kloosterhof Community Development Office Manager Anna Bentley Community Development Director SUBJECT:Approval of Minutes MEETING DATE:December 5, 2022 AGENDA ITEM TYPE:Minutes RECOMMENDATION:Approve meeting minutes from November 7th and 21st of 2022. STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:none UNRESOLVED ISSUES:none ALTERNATIVES:Approve with corrections. FISCAL EFFECTS:none Attachments: CD Board Meeting Minutes 11-21-2022.pdf CD Board Meeting Minutes 11-07-22.pdf Report compiled on: December 1, 2022 3 Bozeman Community Development Board Meeting Minutes, November 21, 2022 Page 1 of 4 THE COMMUNITY DEVELOPMENT BOARD MEETING OF BOZEMAN, MONTANA MINUTES November 21, 2022 Present: Gerald Pape, Nicole Olmstead, John Backes, Padden Guy Murphy, Stephen Egnatz, Jennifer Madgic Absent: Allison Bryan, Brady Ernst, Henry Happel A) 00:02:03 Call to Order - 6:00 pm B) 00:03:07 Disclosures C) 00:03:30 Changes to the Agenda  There were no changes to the agenda. D) 00:04:00 Public Comments  There were no general public comments at this meeting. E) 00:05:39 Action Items E.1 Staff Recommendations for Water and Wastewater Impact Fee Capital Improvement Projects (CIP) for Fiscal Years 2024-2028 Water_Impact_Fee_Fund_610 Wastewater Impact Fee Fund 630 00:07:44 City Engineer Lance Lehigh presents to the board. 00:33:14 Lance explains agenda attachment discrepancy. WIF-32 project shown in fiscal year 2025, should be fiscal year 2027. 00:41:51 City Engineer Lance Lehigh answers questions from the board. 01:05:32 Motion to approve E) Action Items Gerald Pape: Motion John Backes: 2nd 4 Bozeman Community Development Board Meeting Minutes, November 21, 2022 Page 2 of 4 01:09:28 Vote on the Motion to approve E) Action Items The Motion carried 6 - 0. Approve: Gerald Pape Nicole Olmstead John Backes Padden Guy Murphy Stephen Egnatz Jennifer Madgic Disapprove: None E.2 01:10:05 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). 22113 Project 86 Annex ZMA CC SR.pdf 01:10:35 Planner Tom Rogers presents to the board. 01:17:39 Planner Tom Rogers answers questions from the board. 01:22:10 Representative Bret Megaard presents to the board. 01:25:09 Representative Brett Megaard answers questions from the board. 01:25:54 E.2 public comment. 01:27:01 Motion to approve Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 22113 and move to recommend approval of the Project 86 Zone Map Amendment, with contingencies required to complete the application processing. Jennifer Madgic: Motion Gerald Pape: 2nd 01:31:45 Vote on the Motion to approve Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 22113 and move to recommend approval of the Project 86 Zone Map Amendment, with contingencies required to complete the application processing. The Motion carried 6 - 0. Approve: Gerald Pape Nicole Olmstead John Backes 5 Bozeman Community Development Board Meeting Minutes, November 21, 2022 Page 3 of 4 Padden Guy Murphy Stephen Egnatz Jennifer Madgic Disapprove: None E.3 01:32:16 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. 22279 South 40 ZMA CDB SR.pdf 01:32:42 Planner Tom Rogers presents to the board. 01:37:33 Planner Tom Rogers answers questions from the board. 01:41:15 Representative Parker Lange presents to the board. 01:41:54 Representative Tyler Steinway presents to the board. 01:45:28 Representatives Tyler and Parker answer questions from the board. 02:02:56 E.3 public comment. 02:04:16 Motion to approve Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 22279 and move to recommend approval of the South 40 Zone Map Amendment, with contingencies required to complete the application processing. Gerald Pape: Motion Padden Guy Murphy: 2nd 02:14:06 Vote on the Motion to approve Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 22279 and move to recommend approval of the South 40 Zone Map Amendment, with contingencies required to complete the application processing. The Motion carried 6 - 0. Approve: Gerald Pape Nicole Olmstead John Backes Padden Guy Murphy Stephen Egnatz Jennifer Madgic 6 Bozeman Community Development Board Meeting Minutes, November 21, 2022 Page 4 of 4 Disapprove: None F) 02:14:35 FYI/Discussions F.1 02:15:00 Community Development Board Member Opportunity to Tour the Bridger View Neighborhood in January F.2 02:17:22 Upcoming Items Expected for December 5, 2022 Community Development Board Meeting G) 02:17:58 Adjournment For more information please contact Anna Bentley, abentley@bozeman.net General information about the Community Development Board is available in our Laserfiche repository. 7 Bozeman City Commission Meeting Minutes, November 07, 2022 Page 1 of 5 THE COMMUNITY DEVELOPMENT BOARD MEETING OF BOZEMAN, MONTANA MINUTES November 07, 2022 Present: Gerald Pape, Henry Happel, John Backes, Padden Guy Murphy, Stephen Egnatz, Jennifer Madgic Absent: Allison Bryan, Brady Ernst, Nicole Olmstead Excused: None A) 00:05:00 Call to Order - 6:00 pm B) 00:05:55 Disclosures C) 00:06:03 Changes to the Agenda D) 00:06:11 Approval of Minutes D.1 Approval of Minutes CD Board Meeting Minutes 10-17-22.pdf 00:06:18 Motion to approve minutes from 10-17-22. Gerald Pape: Motion Jennifer Madgic: 2nd 00:06:36 Vote on the Motion to approve minutes from 10-17-22. The Motion carried 6 - 0. Approve: Gerald Pape Henry Happel John Backes Padden Guy Murphy Stephen Egnatz 8 Bozeman City Commission Meeting Minutes, November 07, 2022 Page 2 of 5 Jennifer Madgic Disapprove: None Present: Gerald Pape, Allison Bryan, Henry Happel, John Backes, Padden Guy Murphy, Stephen Egnatz, Jennifer Madgic Absent: Brady Ernst, Nicole Olmstead Excused: None E) 00:07:27 Consent Items 00:08:13 Planner Danielle Garber answers questions from the board. 00:08:30 Allison Bryan arrives. 00:10:02 Allison Bryan removes the item from the consent agenda and the item is reviewed by the DRB as an action item. 00:10:25 Planner Danielle Garber presents to the board. F) 00:11:12 General Public Comments E.1 00:11:55 Design recommendation regarding Icon at Northwest Crossing proposal total of 336 apartment homes in phase 1 of the Northwest Crossing Subdivision, NW of the corner of West Oak St. and North Cottonwood Rd., Applications 21433, 21434, and 21435. 00:12:41 Planner Danielle Garber presents to the board. 00:27:17 Planner Danielle Garber answers questions from the board. 00:32:29 Property owner representative Will Ralph answers questions from the board. 00:41:04 Public comment. 00:41:50 Planner Danielle Garber answers further questions from the board. 21433 DRB Staff Report.pdf 00:44:56 Motion to approve Recommend approval of the site plan with conditions, applications 21433, 21434 and 21435, to the Community Development Director as presented and provide design recommendations and Board Member discussion. Gerald Pape: Motion Jennifer Madgic: 2nd 9 Bozeman City Commission Meeting Minutes, November 07, 2022 Page 3 of 5 01:04:11 Vote on the Motion to approve Recommend approval of the site plan with conditions, applications 21433, 21434 and 21435, to the Community Development Director as presented and provide design recommendations and Board Member discussion. The Motion carried 5 - 2. Approve: Gerald Pape Henry Happel John Backes Padden Guy Murphy Jennifer Madgic Disapprove: Allison Bryan Stephen Egnatz G) Action Items G.1 01:04:52 Recommendation to City Commission Regarding Fire/EMS Impact Fees Annual Capital Improvement Program for FY24-28 01:05:32 Planning Manager Chris Saunders presents to the board. 01:08:59 Fire Chief Josh Waldo presents to the board. 01:12:14 Fire Chief Josh Waldo answers questions from the board. Fire IF for CD Board 22.11.02-updated.pdf FD Impact Fees.pdf 01:27:24 Public comment. 01:28:00 Motion to approve I move to recommend approval of the Fire/EMS impact fee capital improvement program as presented. Gerald Pape: Motion John Backes: 2nd 01:30:56 Vote on the Motion to approve I move to recommend approval of the Fire/EMS impact fee capital improvement program as presented. The Motion carried 7 - 0. Approve: Gerald Pape Allison Bryan Henry Happel John Backes Padden Guy Murphy Stephen Egnatz Jennifer Madgic 10 Bozeman City Commission Meeting Minutes, November 07, 2022 Page 4 of 5 Disapprove: None G.2 01:31:26 Staff Recommendations for Street Impact Fee Capital Improvement Projects (CIP) for Fiscal Years 2024-2028 01:31:46 Director of Transportation Nick Ross presents to the board. CD Board - SIF FY24-28 CIP.pdf CD Board - SIF FY24-28 CIP Project Descriptions.pdf 02:00:54 Nick Ross answers questions from the board. 02:38:47 Public Comment. 02:39:21 Motion to approve Staff Recommendations for Street Impact Fee Capital Improvement Projects (CIP) for Fiscal Years 2024-2028. Gerald Pape: Motion Padden Guy Murphy: 2nd 02:43:17 Vote on the Motion to approve Staff Recommendations for Street Impact Fee Capital Improvement Projects (CIP) for Fiscal Years 2024-2028. The Motion carried 7 - 0. Approve: Gerald Pape Allison Bryan Henry Happel John Backes Padden Guy Murphy Stephen Egnatz Jennifer Madgic Disapprove: None H) FYI/Discussions H.1 02:45:26 Upcoming Items Expected for November 21, 2022 Community Development Board Meeting H.2 02:46:08 Update on Unified Development Code Revision Project, Application 21381 Update slides Nov 1, 2022.pdf 02:46:16 Director Anna Bentley presents to the board. 11 Bozeman City Commission Meeting Minutes, November 07, 2022 Page 5 of 5 H.2 02:46:02 Update on Unified Development Code Revision Project, Application 21381 02:55:34 Director Anna Bentley answers questions from the board. I) 03:45:10 Adjournment For more information please contact Anna Bentley, abentley@bozeman.net General information about the Community Development Board is available in our Laserfiche repository. 12 Memorandum REPORT TO:Community Development Board FROM:Susana Montana, Senior Planner, Development Review Division Brian Krueger, Manager, Development Review Division Anna Bentley, Director, Community Development Department. SUBJECT:Nexus Point Major Subdivision Preliminary Plat; Project No. 22246 MEETING DATE:December 5, 2022 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION:Approve the Nexus Point Major Subdivision Preliminary Plat with staff recommended conditions of approval and applicable code provisions. Suggested Motion: "Having reviewed and considered application materials, public comment, and all the information presented, I accept the staff report and findings for application 22246 and recommend approval with the staff-recommended conditions and subject to all applicable code provisions." 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 Nexus Point LLC submitted an application for a subdivision preliminary plat to divide their 20-acre parcel into 11 lots consisting of 3 multi-family residential lots, 2 office building lots, 1 residential-serving clubhouse lot, 3 common open space lots and 2 public park lots on land zoned both R-5, Mixed Use High-density Residential, and R-O, Residential-Office Districts. The western half of the Site is zoned R-5 and the eastern half is zoned R-O. The 20-acre Site has an approved Master Site Plan for these developments which would provide 240 apartment dwelling units, Project No. 19262, and has an approved Site Plan for Phase I of the development, Project 19263. Phase I is under construction and a site plan application for Phase II of the development is under review, Project No. 22305. The proposed division of the Site to the 11 lots is consistent with these approved plans. UNRESOLVED ISSUES:None, other than what is noted as conditions of approval. ALTERNATIVES:None suggested. FISCAL EFFECTS: 13 Fiscal impacts are undetermined at this time, but will include increased property tax revenues from new development, along with increased costs to deliver municipal services to the property. Impact fees will be collected at the time of issuance of building permits for individual developments along with City sewer and water connection fees. Attachments: 22246 Nexus Point PP CDB Memo.pdf 22246 Nexus Point Preliminary Plat.pdf V3.pdf 22246 Nexus Point PP CDB Staff Report.pdf Report compiled on: November 18, 2022 14 Memorandum REPORT TO: Community Development Board acting as the Planning Board FROM: Susana Montana, Senior Planner Brian Krueger, Manager, Development Review Division Anna Bentley, AICP, Interim Director/Deputy Director of Community Development SUBJECT: Nexus Point Major Subdivision Preliminary Plat, Application 22246 MEETING DATE: December 5, 2022 RECOMMENDATION: Recommendation of approval of the Preliminary Plat submittal to the City Commission, with staff-recommended conditions of approval and code provisions. STRATEGIC PLAN: 4.2 High Quality Urban Approach: Continue to support high- quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND: This is a major subdivision preliminary plat application to divide 20 acres into 11 lots consisting of 3 multi-family residential lots, 2 office building lots, 1 residential clubhouse lot, 3 common open space lots, and 2 public park lots on land zoned R-5, Mixed Use High-density Residential and R-O, Residential-Office Districts. This 20 acre Site has an approved two-phase Master Site Plan for this 240-dwelling unit mixed use apartment complex, Project No. 19262. It also has an approved Site Plan for a Phase 1 development, Project No. 19263. The Phase 1 development of this preliminary plat land is under construction. A site plan application for Phase II of this development has been submitted and is under review. The division of this land into the proposed 11 lots would be consistent with the approved Master Site Plan and Phase I Site Plan. The Applicant for the Nexus Point project is the Nexus Point, LLC. UNRESOLVED ISSUES: None, other than those noted as conditions of approval. ALTERNATIVES: As identified in staff report. FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property tax revenues from new development, along with increased costs to deliver municipal services to the property. Impact fees will be collected at the time of issuance of building permits for individual developments along with City sewer and water connection fees. 15 16 17 18 19 Page 1 of 22 Community Development Board Staff Report for the Nexus Point Major Subdivision Preliminary Plat; Application No. 22246 Public Meeting/Hearing Dates: Community Development Board (as Planning Board) meeting - Monday, December 5, 2022 at 6:00 pm. City Commission hearing will be held Tuesday, December 20, 2022 at 6:00 pm. Project Description: A major subdivision preliminary plat application to divide 20 acres into 3 Blocks and 11 lots consisting of 3 multi-family residential lots, 2 office building lots, 1 residential clubhouse lot, 3 common open space lots, and 2 public park lots on land zoned R-5, Residential Mixed Use High-Density and R-O, Residential-Office Districts. This 20 acre Site has an approved two-phase Master Site Plan for this 240-dwelling unit apartment complex, Project No. 19262, and has an approved Site Plan for a Phase I development, Project 19263, building several apartment buildings, two office buildings, and a clubhouse facility (see Exhibit 5). The Phase I development of this preliminary plat land is under construction. The Applicant for the Nexus Point project is the Nexus Point, LLC. We note that there is a similar 26 acre, 457 dwelling unit multi-family apartment complex proposed for the abutting property to the south, zoned R-4. That project, called 2131 Graf Street proposed by the Graf Apartments LLC group, also has an approved Master Site Plan and Phase I Site Plan, Project No.19309 and 19308. That Applicant is seeking to divide that 26 acre parcel into 2 Blocks and 5 lots, which represents a minor subdivision, Project No. 22188. Minor subdivision preliminary plats are not reviewed by the Planning Board. Legal Description: A Tract of land being Lot 1 of Minor Subdivision 235B, situated in the Northeast ¼ and the Southeast ¼ of Section 24, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana. Project Location: The property is addressed as 3747 S. 19th Avenue, Bozeman, MT. Staff Finding: The application conforms to standards and is sufficient for approval with conditions and code provisions. Report Date: November 18, 2022 Staff Contact: Susana Montana, Senior Planner Suzanne Ryan, Project Engineer Agenda Item Type: Action (Quasi-judicial) 20 22246; Nexus Point Major Subdivision Preliminary Plat Staff Report Page 2 of 22 EXECUTIVE SUMMARY This report is based on the application materials submitted and public comment received to date. The application materials are available in the City’s Laserfiche archive and may be accessed through the Community Development viewer as well. No public comments have been received as of the writing of this report. Should written public comments be received they will be included in the City’s Laserfiche archive and available to the public with a November or December date. Unresolved Issues. There are no unresolved issues with this application other than the three staff-recommended conditions of approval noted in Section 3 below found on page 8. Project Summary The Department of Community Development received a Preliminary Plat application on July 22, 2022 requesting to subdivide the 20 acre subject parcel (“Site”) into 3 Blocks and 11 lots consisting of 3 multi-family lots, 2 office building lots, 3 common open space lots, 1 residential clubhouse lot, and 2 public park lots. The park lots are on Block 2, Park Lot No. 1 which is the 1.258 acre northern half of the new Lantern Park, as well as a narrow “linear park” on Block 3, Park No. 2 Lot along the western edge of the Site. Two common open space lots along the eastern edge of the Site encompass the East Catron Creek tributary wetlands area: Block 1, Lot 3 and Block 2, Lot 1. These lots have a deed restriction prohibiting structures and also have a public park easement recorded thereon. A third common open space on Block 3, Lot 2 serves as a detention pond. The Site has an approved Master Site Plan and an approved Phase I Site Plan which is currently under construction on the single 20-acre parcel. Full build-out of the 2-phase development would provide 240 dwelling units in several apartment buildings as well as two 11,000 square foot (sf) two-story office buildings, a 9,900 sf two-story residential clubhouse, 3 common open space areas including 2 wetland areas, a 1.258 acre Lantern Park and a 0.469 acre linear public park. Phase 2 would consist of multi-family buildings. The property will have access from S. 19th Avenue and from Graf Street. The western ~7 acres of the Site is zoned R-5 and the remaining area is zoned R-O. All units within the development would be rental. On November 18, 2022 the Development Review Committee (DRC) found the application sufficient for continued review and recommends the conditions and code provisions identified in this report. The subdivider did not request any subdivision or zoning variances with this application. The City did not receive any written public comment on the application as of the writing of this report. 21 22246; Nexus Point Major Subdivision Preliminary Plat Staff Report Page 3 of 22 The final decision for this preliminary plat must be made by January 17, 2023 which is 60 days after the November 18, 2022 date this application was deemed adequate/sufficient for continued review. Pursuant to BMC 38.240.140.A.2, the Community Development Board, acting in their capacity as the Planning Board, will consider compliance of the application with the City’s Community Plan growth policy on December 5, 2022. Alternatives 1. Approve the application with the recommended conditions; 2. Approve the application with modifications to the recommended conditions; 3. Recommend denial of the application based on the Board’s findings of non-compliance with the applicable criteria contained within the staff report; or 4. With the Applicant’s consent, continue the public meeting on the application, with specific direction to staff or the subdivider to supply additional information or to address specific items. 22 22246; Nexus Point Major Subdivision Preliminary Plat Staff Report Page 4 of 22 TABLE OF CONTENTS EXECUTIVE SUMMARY ............................................................................................................ 2 Unresolved Issues. .............................................................................................................. 2 Project Summary ................................................................................................................. 2 Alternatives ......................................................................................................................... 3 SECTION 1 – MAP SERIES .......................................................................................................... 5 SECTION 2 – REQUESTED VARIANCES ................................................................................. 9 SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL ............................................ 9 SECTION 4 – CODE PROVISIONS ........................................................................................... 10 SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS ............................................ 11 SECTION 6 – STAFF ANALYSIS and findings ......................................................................... 11 Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC. .......................... 11 38.220.060 Documentation of compliance with adopted standards ................................. 17 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 18 APPENDIX B –NOTICING AND PUBLIC COMMENT .......................................................... 22 APPENDIX C – OWNER INFORMATION AND REVIEWING STAFF ................................. 22 FISCAL EFFECTS ....................................................................................................................... 22 ATTACHMENTS ......................................................................................................................... 22 23 22246; Nexus Point Major Subdivision Preliminary Plat Staff Report Page 5 of 22 SECTION 1 – MAP SERIES Exhibit 1 – Zoning County land Site 24 Page 6 of 22 Exhibit 2 – Community Plan 2020 Future Land Use Site 25 22246; Nexus Point Major Subdivision Preliminary Plat Staff Report Page 7 of 22 Exhibit 3 – 3 Blocks and 11 Lots Preliminary Plat: red dots indicate lots (see Attachment 1) Exhibit 4 – Approved Master Site Plan for the Nexus Point development 26 Page 8 of 22 Exhibit 5 – Approved Phase 1 Site Plan for the Nexus Point development (under construction) Exhibit 6: Proposed Phase II Site Plan under review 27 22246; Nexus Point Major Subdivision Preliminary Plat Staff Report Page 9 of 22 Exhibit 7 – Overall Lantern Park Plan: North side within the Nexus Point development and the south side within the Graf Apartments development SECTION 2 – REQUESTED VARIANCES The subdivider did not request any subdivision or zoning variances with this preliminary plat application. SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. These conditions are specific to this project. Recommended Conditions of Approval: 1. Parkland Requirements. (a) A preconstruction meeting with the Park Division is required prior to any site work. Applicants to provide most recent park plans and request meeting at least 30 days prior to commencement of parkland construction; (b) All park wells, irrigation infrastructure, and water rights will be transferred to and owned by the City of Bozeman; (c) Easements for trails within open space parcels must include agreement to utilize city- wide wayfinding and allow parks staff to install and/or repair wayfinding; and (d) Private utilities are not allowed within parkland. Nexus Point Graf Street 28 22246; Nexus Point Major Subdivision Preliminary Plat Staff Report Page 10 of 22 2. The subject property is located within the Meadow Creek Subdivision Signal, Meadow Creek Subdivision Water, and Meadow Creek Subdivision Sewer payback district boundary. If the subject property did not participate in the original cost of construction of improvements the subject property will be accessed a payback charge prior to Final Plat. If the subject property has paid the payback cost please provide documentation. 3. 38.410.060.D. East Catron Creek conveys irrigation water in addition to spring feed components, as such, BMC 38.410.060.D applies. Prior to final plat approval, the developer must establish an agricultural water user facility easement pursuant to Sec. 38.410.060.D.1 for the portion East Catron Creek crossing the subject property. 4. The Final Plat submittal shall provide draft bylaws, covenants, conditions and restrictions (CC&R) documents for City review and approval. The documents shall describe how a property owners’ association (POA) will maintain the common open space lots and other common areas of the subdivision. SECTION 4 – CODE PROVISIONS 1. Sec. 38.100.080 – Compliance with regulations required. The final plat must comply with State statute, Administrative Rules of Montana, and the Bozeman Municipal Code. 2. Sec. 38.100.080. The Applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 3. Sec. 38.220.040.B.4. The Applicant has not provided information regarding the stormwater pond at the NW corner of the site (Block3, Lot 2). Both the surface water and stormwater supplements need to identify and provide design and maintenance details on this feature. A public drainage easement must be provided for the pond prior to final plat approval and the POA/HOA needs to maintain the facility. Prior to final plat approval, the Applicant shall provide an exhibit with the stormwater maintenance plan identifying all the stormwater features that the HOA/POA needs to maintain and have that included in the POA/HOA CCRs. The Applicant shall provide documents to maintain open space and stormwater features within the subdivision. 4. Sec. 38.270.030. The Applicant is advised that all common subdivision infrastructure including roads, water, sanitary sewer, stormwater, sidewalk and lighting must be complete and accepted before final plat approval. 29 22246; Nexus Point Major Subdivision Preliminary Plat Staff Report Page 11 of 22 SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS The Development Review Committee (DRC) determined the application was sufficient for continued review and recommended approval with conditions on November 18, 2022. The Community Development/Planning Board public meeting will be held on Monday, December 5, 2022 at 6:00 pm at the City Commission Hearing Room in City Hall. A WebEx link will be provided with the Board agenda. The City Commission public hearing will be held Tuesday, December 20, 2022 at 6:00 PM at the City Commission Hearing Room in City Hall. A WebEx link will be provided with the City Commission agenda. SECTION 6 – STAFF ANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, plans, public comment, and all other materials available during the review period. Collectively, this information is the record of the review. The analysis in this report is a summary of the completed review. Due to the presence of an adopted Master Site Plan for this proposed subdivision wherein many of the plat parameters have been evaluated, the following plat supplemental information waivers were granted during the subdivision pre-application review: Floodplains, geology/slopes, vegetation, wildlife, agriculture, land use, lighting plan, and affordable housing. Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC. In considering applications for subdivision approval under this title, the advisory boards and City Commission shall consider the following: 1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and Platting Act The preliminary plat was prepared in accordance with the surveying and monumentation requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered in the State of Montana. Per Code Provision No. 1, the final plat must comply with State statute, Administrative Rules of Montana, and the Bozeman Municipal Code. 2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act The final plat must comply with the standards identified and referenced in the Bozeman Municipal Code (BMC). Per Code Provision No. 2, the subdivider is advised that unmet code provisions, or code provisions not specifically listed as a condition of approval, do not, in any way, create a waiver or other relaxation of the lawful requirements of the BMC or State law. Sections 3 and 4 above identify conditions and code provisions necessary to meet all municipal standards. The listed code requirements address necessary documentation and compliance with standards. Therefore, 30 22246; Nexus Point Major Subdivision Preliminary Plat Staff Report Page 12 of 22 upon satisfaction of all conditions and code corrections, the subdivision will comply with the subdivision regulations. 3) Compliance with the local subdivision review procedures provided for in Part 6 of the Montana Subdivision and Platting Act The Bozeman Community Development Board, acting as the Planning Board, will hold a public meeting on this proposal on December 5, 2022. Both that Board meeting and a December 20, 2022 City Commission public hearing were properly noticed in accordance with the Bozeman Municipal Code (BMC). Based on the recommendation of the Development Review Committee (DRC) and other applicable review agencies, as well as any public testimony received on the matter, the City Commission will make the final decision on the subdivider’s request. The subdivider requested review of this subdivision under the terms of 76-3-604 MCA as authorized in 38.240.100 which requires City review and determination within 60-days of a complete/adequate application. The Department of Community Development received a preliminary plat application on July 22, 2022. On August 19, 2022, the DRC reviewed the preliminary plat application and determined the submittal did not contain detailed, supporting information that was sufficient to allow for the continued review of the proposed subdivision. A revised application was received on September 1, 2022. On November 18, 2022, the DRC determined the application was adequate for continued review and recommended conditions of approval and code corrections for this staff report. The City scheduled public notice for this application for publication in the legal advertisements section of the Bozeman Daily Chronicle on Tuesday, November 1, 2022 for postings on Sundays, November 6 and 13, 2022. The Applicant posted public notice on the subject property on Friday, November 4, 2022. The Applicant sent public notice to landowners of record within 200-feet of the subject property via certified mail and to buyers under contract to purchase subdivision lots, on November 2, 2022. No public comment had been received on this application as of the writing of this report. On November 18, 2022, this major subdivision staff report was completed and forwarded with a recommendation of conditional approval for consideration to the Planning Board. 4) Compliance with Chapter 38, BMC and other relevant regulations Community Development staff and the DRC reviewed the preliminary plat against all applicable regulations and the application complies with the BMC and all other relevant regulations with conditions and code corrections. This report includes Conditions of Approval and required code provisions as recommended by the DRC for consideration by the Planning Board and City Commission to complete the application processing for final plat approval. All municipal water and sewer facilities will conform to the regulations outlined by the Montana Department of Environmental Quality and the requirements of the Design Standards and Specifications Policy and the City of Bozeman Modifications to Montana Public Works Standard Specifications. 31 22246; Nexus Point Major Subdivision Preliminary Plat Staff Report Page 13 of 22 BMC 38.220.060. Compliance with adopted standards. 38.220.060.A.1 – Surface water. The subdivision includes portions of an unnamed tributary of East Catron Creek which flows north-south on the east side of the Site and is shown as Block 1, Lot 3 and Block 2, Lot 1 on this Preliminary Plat. These lots contain known wetlands and watercourses on the east side of the property. There is a 50-foot wetland setback shown on the plat. A deed restriction, Document 2449987, on the wetland area has been recorded on the land stipulating, among other things, that neither structures nor fill be placed within the subject areas. This area does not have a FEMA delineated floodplain. The necessary wetland permits have been approved and all required permitting was done prior to construction, which has been completed. All construction remained outside of the setback. Construction through East Catron Creek previously took place. However, the creek was restored to adequate and previous conditions. East Catron Creek is delineated on the preliminary plat. The planting plan meets standards. Per Condition of Approval No. 3, the portion of East Catron Creek passing through the Plat will continue to convey agricultural irrigation water through the Plat. 38.220.060.A.2 – Floodplains. This area does not have a FEMA floodplain delineation, and wetland permits have been approved and were submitted with this application. 38.220.060.A.3 – Groundwater. Investigation of groundwater conditions at the site began in May of 2019 and went through June of 2020. Included in the application submittal was the groundwater depth summary logs. This subdivision will avoid groundwater degradation through the utilization of City sewer and water mains as well as stormwater control measures in accordance with the City of Bozeman design standards. The groundwater recharge areas (opens space and stormwater retention ponds) will avoid being degraded through maintenance provided by the Owner’s Association or property owner(s). Only one groundwater exemption of 10 acre-feet is allowed. The Montana DNRC Water Resources Division was contacted regarding this project and their feedback was provided in the application. 38.220.060.A.4 - Geology, Soils and Slopes. [This information was waived due to Master Site Plan approval, Project 19263.] 38.220.060.A.5 – Vegetation. [This information was waived due to Master Site Plan approval.] 38.220.060.A.6 – Wildlife. [This information was waived due to Master Site Plan approval.] 38.220.060.A.7 – Agriculture. [This information was waived due to Master Site Plan approval.] 38.220.060.A.8 - Agricultural water user facility. East Catron Creek conveys irrigation water in addition to a spring fed component and, as such, BMC 38.410.060.D applies. Per Condition of Approval No. 3, prior to final plat approval, the developer must establish an agricultural water user facility easement pursuant to Sec. 38.410.060.D.1 for the portion East Catron Creek crossing the subject property. 32 22246; Nexus Point Major Subdivision Preliminary Plat Staff Report Page 14 of 22 38.220.060.A.9 - Water and Sewer. The subdivision will not significantly impact city water and sewer infrastructure. Water and sewer improvements will be designed to meet City of Bozeman Standards and State Department of Environmental Quality Standards and Regulations. The City of Bozeman approved the infrastructure plans for water service for this subdivision and its Master Site Plan and Phase I Site Plan and provided a letter indicating that adequate capacity exists within the City system to serve the proposed subdivision. The water and sewer infrastructure were completed in 2020 per the approved infrastructure plans. New water and sewer infrastructure is already installed on the site to serve the future development’s residents. As-built drawings were submitted to the City and approved. The sewer main was connected to the existing City of Bozeman system on South 19th Avenue. The water main was connected to the existing City of Bozeman system at the existing stub of Lantern drive and provided future connection at the intersection of Lantern Drive and South 21st Avenue. Water rights. Per Code Provision No. 2, Cash-in-Lieu of Water Rights will be paid prior to final plat approval. Sanitary sewer service. A proposed 8-inch sanitary sewer collection system would adequately serve the effluent generated by this subdivision. 38.220.060.A.10 - Stormwater Management. The City of Bozeman approved the infrastructure plans for stormwater, and the stormwater infrastructure was installed in 2020. The previously submitted and approved stormwater report was included in this Preliminary Plat (PP) submittal. The subdivision will not significantly impact stormwater infrastructure. 38.220.060.A.11 - Streets, Roads and Alleys. The circulation and access features were approved by the City Engineer as part of the Master Site Plan. The City of Bozeman has approved the infrastructure plans for streets, roads, and alleys. Roadway easements were dedicated with the Site Plan application and the roadways were constructed in 2020. An extension of existing Lantern Drive ties into proposed South 21st Avenue. South 21st Avenue connects to the proposed Arnold Street extension. Arnold Street connects existing Discovery Drive to existing South 19th Avenue. The local public roadway extensions maintained a 60 foot right-of-way (ROW) and were installed per City of Bozeman and MDEQ roadway standards. Upon acceptance of Lantern Drive, South 21st Avenue, and Arnold Street these roads will be maintained by the City of Bozeman. Included in the submittal was the roadway sheets from the approved infrastructure improvements set. All construction activities in the area were required to have adequate dust control and erosion control practices in place during construction. All interior roadways were constructed by the developer and maintained through construction. A traffic impact study was performed by Marvin & Associates for Nexus Point and Graf Street Subdivision and was included in this submittal. The subdivision has several different pedestrian pathways including a 10 foot wide public concrete sidewalk running north-south located on the West end of the Site. An 8 foot wide gravel trail 33 22246; Nexus Point Major Subdivision Preliminary Plat Staff Report Page 15 of 22 running North-South located on East end of the site connects to Lantern Drive, Lantern Park and then to the existing sidewalk located along South 19th Avenue. No individual lots or tracts have access directly to arterial streets or roads. Discovery Drive was modified for the intersection of proposed Arnold Street on the west end of the Site. Arnold Street intersects with the widening of South 19th Avenue on the east end of the site. Lantern Drive was extended to intersect with the proposed South 21st Avenue. There are no proposed alleys located within the subdivision. Adequate dust control and erosion control practices were maintained during construction. The public roads South 21st Avenue, Arnold Street, and the Lantern Drive extension are dedicated to the City and will be maintained by the City. Interior drive lanes beyond the ROW will be maintained by the Owner’s association. The following narratives describe a summary of levels-of-service (LOS) values at three individual intersections that were addressed in the Traffic Impact Study (TIS) dated December 3, 2019. Capacity analysis was completed for three time periods: existing conditions, existing plus site traffic conditions, and future conditions. A complete summary of the capacity measures of efficiency can be found in Tables 1, 3, and 4 of the TIS report. The table below reports the LOS for the three intersections of concern. It can be seen that the overall LOS for each intersection would operate at LOS “C” or better in each condition. The eastbound approach on Arnold Street would operate at LOS “F” for future traffic projections, but the overall operation of traffic on S 19th Avenue would operate with free- flow movements. Since the Highway Capacity Manual does not have an accepted method to calculate overall LOS for two-way stop intersections, the overall LOS at this intersection can only be speculated to be LOS “B” based on the fact that the vast majority of traffic entering the intersection has no delay. Parking Conditions Each lot will have the required parking which is deemed adequate to serve the development. The Nexus Point Site Plan for Phase I has already been approved and constructed to accommodate the number of future residences. Phase II will include parking that meets the City of Bozeman Unified 34 22246; Nexus Point Major Subdivision Preliminary Plat Staff Report Page 16 of 22 Development Code (UDC). On-street parking is also an option on the local roads of Arnold, South 21st Avenue and Lantern Drive. Walkability, Transit and Bike ability The City of Bozeman requires street frontage sidewalk to be installed with each phase. Sidewalks have been installed along the West side of South 19th, the North side of Arnold Street and the East side of South 21st Avenue. This gives pedestrians easy access for walking to nearby parks, including the north half of the new Lantern Park which was previously completed by this Applicant. An 8 foot wide concrete trail runs along the West edge of the development traveling North and South connecting to Lantern and Arnold streets. The private and proprietary algorithm provided by Walk Score.com rates this Site’s “walk score” as “12” which denotes the Site as “car dependent”. The transit score is “10” which denotes that the Site has “minimal transit service”. There is a bus stop two blocks north of the Site. The bike score was rated at “52” which denotes that there is “some bike infrastructure”. These scores are expected to improve when this area is built out with more housing. By comparison, the City of Bozeman was given an overall rating of “42” out of 100. Although Community Plan policies encourage walkability and transit- and bike-ability resources with new development, there is currently no municipal code requiring such resources or facilities with subdivision applications. Site plan applications for developments within the subdivision require pathways, sidewalks and bike parking facilities. 38.220.060.A.12 – Non-Municipal Utilities. These utilities were approved by the City Engineer as part of the Master Site Plan. Northwest Energy has already installed utilities for the current buildings and stubs for future buildings. Responses from Northwest Energy were included in this submittal. 38.220.060.A.13 - Land Use. [This information was waived due to Master Site Plan approval.] 38.220.060.A.14 - Parks and Recreation Facilities. A 2.4 acre neighborhood Lantern Park will be constructed by partnering with the Graf Street apartment development to the south. There are recreation pathways that surround the entire park. Park frontage requirements are met along S.19th Avenue and S.21st Avenue. Amenities include a playground, climbing structure, bicycle racks, workout equipment, pavilions, seating, and a dog park. For the residential use of the Site, 3.77 acres of parkland is required. The Applicant will provide 1.2 acres of land (about half the park size) which will be built by this Applicant. Improvements to the north half of Lantern Park will be provided by the Applicant as “improvements in lieu” of the remaining 2 plus acres of required parkland. These improvements have a value of $201,499. For the Master Site Plan, the parks master plan was approved by City Commission on October 15, 2020. Per Condition of Approval No. 1, a preconstruction meeting with the Parks and Recreation Department is required prior to any site work. Applicants will provide the most recent park plans 35 22246; Nexus Point Major Subdivision Preliminary Plat Staff Report Page 17 of 22 at least 30 days prior to commencement of parkland construction. All park wells, irrigation infrastructure, and water rights will be transferred to and owned by the City of Bozeman. Private utilities are not allowed within parkland. 38.220.060.A.15 - Neighborhood Center Plan. The Block 2, Lot 4 clubhouse and the Block 2, Park Lot 1 park represent the Neighborhood Center for this development, meeting the standards of 38.410.020. 38.220.060.A.16 - Lighting Plan. [This information was waived due to Master Site Plan approval.] 38.220.060.A.17 – Miscellaneous. Easements. All utility easements will be provided on the final plat. Easements for trails within open space parcels must include agreement to utilize city- wide wayfinding and allow parks staff to install and/or repair wayfinding per Condition of Approval No. 1(c). 38.220.060.A.18 - Affordable Housing. The 240 dwelling units would be market-rate rental units. 5) The provision of easements to and within the subdivision for the location and installation of any necessary utilities Pursuant to BMC Code Provision 2, the final plat will provide and depict all necessary utilities and required utility easements. The BMC requires that all easements, existing and proposed, must be accurately depicted and addressed on the final plat and in the final plat application. Public utilities are to be located within dedicated street right-of-ways. 6) The provision of legal and physical access to each parcel within the subdivision and the notation of that access on the applicable plat and any instrument transferring the parcel The final plat will provide legal and physical access to each parcel within the subdivision. All proposed lots will have frontage on public streets constructed to City standards with lot frontage meeting minimum standards shown on the preliminary plat. 38.220.060 Documentation of compliance with adopted standards The Development Review Committee (DRC) completed a subdivision pre-application plan review on February 10, 2021 and no variances were requested. The Applicant requested and was granted waivers for Wildlife, Historical Features, Agriculture, and Neighborhood Center Plan. Staff offers the following summary comments on the documents required with Article 38.220.060, BMC. 36 22246; Nexus Point Major Subdivision Preliminary Plat Staff Report Page 18 of 22 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The subject property is zoned R-5, Residential Mixed Use High-Density District on its western side and R-O, Residential-Office District on its eastern side. Adopted Growth Policy Designation/Future Land Use Designation: Urban Neighborhood. The Table below of the Bozeman Community Plan 2020 shows the correlation between future land use map designations and implementing zoning districts. Both the R-5 and R-O zoning designations implement the Site’s Urban Neighborhood designation. 37 22246; Nexus Point Major Subdivision Preliminary Plat Staff Report Page 19 of 22 A large area surrounding the Site is designated Urban Neighborhood. 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. This proposed subdivision is well-suited to implement the Urban Neighborhood by providing lots that will support apartment buildings in an area that is developing as a mixed use, multi-household neighborhood. The multi-household lots will support construction of rental housing which is contemplated throughout the Bozeman Community Plan 2020. This neighborhood is emerging and is not yet fully developed with neighborhood-serving businesses, transit service or parks. The development will have its own recreational and social clubhouse to foster/facilitate neighbors interacting. This serves as its own neighborhood center. Site 38 22246; Nexus Point Major Subdivision Preliminary Plat Staff Report Page 20 of 22 Two office buildings within the Site would be able to accommodate neighborhood-serving businesses. The growth policy encourages development to be walkable: Goal N-1: Support well-planned, walkable neighborhoods. The Community Plan’s Glossary (Appendix F) describes what they mean by neighborhoods as: “Neighborhood. A walkable area of Bozeman with a distinct character that may have some boundaries defined by physical barriers, such as major roads or railroads or by natural features, such as watercourses or topography. A neighborhood includes both geographic (place-oriented) and social (people oriented) components and is often characterized by residents sharing common amenities such as an elementary school, park, shops, community center or other similar elements. As a distinct and identified area, often with its own name, neighborhoods are recognized as fostering community spirit and a sense of place, factors recognized as important in community planning.” The Plan’s Glossary defines “Walkable” as: “Walkable. A walkable area has: • A center, whether it’s a main street or a public space. • People: Enough people for businesses to flourish and for public transit to run frequently. • Parks and public space: Functional and pleasant public places to gather and play. • Pedestrian design: Buildings are close to the street, parking lots are relegated to the back. • Schools and workplaces: Close enough that walking to and from home to these destinations is realistic. • Complete streets: Streets designed for bicyclists, pedestrians, and transit.” The Site and area are still developing as a neighborhood and a walkable neighborhood. However, with the companion 2131 Graf Street development immediately south of the Nexus Point development, both feature trails, the wetlands nature area, a City Park, a clubhouse for residents, and a density that encourages residents interactions within these amenities. The additional density will provide customers for emerging businesses and ridership for transit to the area. The proposed development provides its own 1.2 acre City Park , a 0.469 acre linear park, as well as nearly 3 acres of common open space wetlands. The 1.2 acre City Park at the southeast corner of the Site is matched by a similar 1.2 acre City Park at a similar apartment complex development abutting the Site to the south named “2131 Graf Street” apartment development which is also proposed as a 5-lot Minor Subdivision, Project 22188. There is a 9 acre City Park immediately to the west of the Site called “City Park 2” which is provided by the South University District Phase 3 development. Morning Star Elementary School is located less than a quarter mile to the east of the Site and Montana State University is located a couple blocks north of the Site. 39 22246; Nexus Point Major Subdivision Preliminary Plat Staff Report Page 21 of 22 The proposed subdivision meets or positively addresses the following Bozeman Community Plan 2020 goals and policies: N-1.1 Promote housing diversity. N-1.10 Increase connectivity between parks and neighborhoods through continued trail and sidewalk development. Prioritize closing gaps within the network. N-1.11 Enable a gradual and predictable increase in density in developed areas over time. N-1.5 Encourage neighborhood focal point development with functions, activities, and facilities that can be sustained over time. Maintain standards for placement of community focal points and services within new development. N-4.4 Ensure an adequate supply of off leash facilities to meet the demand of Bozeman dog owners. DCD-1.5 Identify underutilized sites, vacant, and undeveloped sites for possible development or redevelopment, including evaluating possible development incentives. DCD-1.9 Promote mixed-use developments with access to parks, open space, and transit options. DCD-1.11 Pursue annexations consistent with the future land use map and adopted facility plans for development at urban intensity. DCD-2.1 Coordinate infrastructure development, land use development, and other City actions and priorities through community planning. DCD-2.2 Support higher density development along main corridors and at high visibility street corners to accommodate population growth and support businesses. DCD-2.7 Encourage the location of higher density housing and public transit routes in proximity to one another. Goal EPO-2: Work to ensure that development is responsive to natural features. EPO-2.1 Where appropriate, activate connections to waterways by creating locations, adjacent trails, and amenities encouraging people to access them. EPO-2.2 Work with the U.S. Army Corps of Engineers to keep wetlands mitigation within the Gallatin Valley rather than locating to other watersheds. EPO-2.3 Identify, prioritize, and preserve key wildlife habitat and corridors. 40 22246; Nexus Point Major Subdivision Preliminary Plat Staff Report Page 22 of 22 APPENDIX B –NOTICING AND PUBLIC COMMENT Notice was provided at least 15 and not more than 45 days prior to the close of the public comment period/City Commission public hearing, per BMC 38.220.420. The City scheduled public notice for this application in the legal advertisements section of the Bozeman Daily Chronicle published on Sunday, November 6 and Sunday, November 13, 2022. The Applicant posted public notice on the subject property on November 6, 2022. The City sent public notice to physically adjacent landowners via certified mail, and to all other landowners of record within 200-feet of the subject property via first class mail, on November 3, 2022. No public comment has been received by the time this report was compiled on November 18, 2022. APPENDIX C – OWNER INFORMATION AND REVIEWING STAFF Owner: Nexus Point LLC, c/o Steve Moore, 3661 Jagar Lane, Bozeman, MT 59718 Applicant Representative: Madison Engineering, c/o Erik Ringsak, 895 Technology Blvd. Suite 203, Bozeman, MT 59718 Report By: Susana Montana, Senior Planner FISCAL EFFECTS Fiscal impacts are undetermined at this time, but will include increased property tax revenues from new development, along with increased costs to deliver municipal services to the property. ATTACHMENTS The full application and file of record can be viewed digitally on the Community Development Viewer interactive map directly with this link: https://weblink.bozeman.net/WebLink/Browse.aspx?startid=263190&cr=1 41 Memorandum REPORT TO:Community Development Board FROM:Susana Montana, Senior Planner, Community Development Development Review Division Brian Krueger, Manager, Community Development Development Review Division Anna Bentley, Director, Community Development Department SUBJECT:Ferguson Farms II Preliminary PUD, 31 acres located at 4250 Fallon Street (northwest corner of Ferguson Ave and Huffine Ln), Application 19028 MEETING DATE:December 5, 2022 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION:Recommend approval of the Ferguson Farms II Preliminary PUD to the City Commission with staff-recommended conditions and code provisions. 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 Ferguson Farms II “Site” is a 31-acre vacant parcel zoned Urban Mixed Use (UMU) and is located on the west side of the City at the northwest corner of Huffine Lane and Ferguson Avenue. The Site is owned and would be developed by the owner and developer of the Ferguson Farms I commercial development located immediately west of this Site. This owner is listed as Combs Capital LC and is represented by Mr. Michael Delaney. The Applicant is seeking approval of this Preliminary Planned Unit Development (PUD) application because his proposal for development of the Site does not conform to 26 of the standards and requirements of the Bozeman Municipal Code (BMC) for the Urban Mixed Use (UMU) zoning designation of the Site. The deviations/relaxations from the BMC that are sought by this PUD are loosely grouped as: (1) Allowing various commercial uses as principal uses which are conditional or are not otherwise permitted in the UMU district per Tables 38.310.040.A through E; 42 exemption from the Section 38.310.050 requirements for (a) a mix of uses within each site plan; (b) the 70% maximum gross square footage limitation for a single use, such as office, for the entire Site; (c) the requirement that a minimum of 70% of the ground level block frontages must be occupied by non-residential uses; exemption from the ground floor commercial space requirements of 38.330.010.E.2; building height increases over the 60’ maximum for the UMU district per Table 38.320.050; exemption from minimum and maximum number of parking requirements of 38.330.010.F and 38.540. Tables 38.540.050-1 through 3 and exemption from the requirement that bicycle racks must be located within 100 feet from the building serves per 38.540.050.A.4.b; (6) alternate on-street parking layouts to allow angled back-in parking spaces [note this is under the purview of the City Engineer per 38.200.010.D and is not a zoning deviation; (7) alternate block frontage designations and setback relaxations per 38510.030.L; (8) landscaping and tree planting exemptions per 38.550; (9) front setback relaxations per 38.510; and (10) parking and trash enclosure screening exemptions per 38.510, 38.520 and 38.550. This application is before the Community Development Board in their capacity as the Design Review Board (DRB). The DRB was established by Resolution 5330 to evaluate aesthetic considerations of larger and more complex development proposals which are likely to produce significant community impact, and to provide design recommendations to the City Commission, subject to the provisions of Chapter 38, Article 5. Those provisions include Block Frontage (38.510), Site Planning and Design Elements (38.520), Building Design (38.530), Parking (38.540), Landscaping (38.550), Signs (38.560) and Lighting (38.570). Section 5 of the attached staff report evaluates relevant provisions of Article 5 as it relates to the proposed P-PUD and the proposed Ferguson Farms II commercial development. UNRESOLVED ISSUES:Staff supports 25 of the 26 deviations with 8 staff-recommended Conditions 43 of Approval. The Applicant does not agree to comply with Condition of Approval No. 5 which states: "To mitigate the heat island effect of the large expanse of pavement, to provide enhanced visual cues to parking areas for customers, workers and visitors, and to increase the comfort and relief from heat for those parking lot users, the Applicant shall build a visually- dominant, deciduous tree-lined pedestrian corridor throughout the Site linking all parking lots to the Valley Commons Drive commercial corridor and to the Skybridge commercial corridor. The design of which shall be included in the landscape plan submitted with Final PUD application and shall be approved by the City Forester and the Director of Community Development." The deviation that staff does not support is Deviation 18 seeking reduced screening of a trash enclosure which is visible from Huffine Lane, a Gateway Block Frontage. ALTERNATIVES:As noted in the staff report. FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property tax revenues from new development along with increased costs to deliver municipal services to the property. Attachments: Attachment 1 Applicant Narrative.pdf Attachment 1-A Relaxations & Justifications.pdf Attachment 2 Design Manual draft 07 14 22.pdf Attachment 3 Relaxation Graphic.pdf Attachment 4 Building Height Diagram.pdf Attachment 5 Landscape Plan.pdf Attachment 6 Neighborhood Center Plan.pdf Attachment 7 Conceptual Land Use Distribution.pdf 19028 FF II P PUD CDB staff rpt 11 23 22.pdf Report compiled on: November 23, 2022 44 July 2022 Ferguson Farm II PRELIMINARY PUD APPLICATION 45 March 2022 PRELIMINARY PUD NARRATIVE: Ferguson Farm II Pg. 2 TABLE OF CONTENTS DOCUMENTS: NARRATIVE Sectfon I: Project Team Sectfon II: Project Summary & Narratfve Sectfon III: PUD-P Checklist Sectfon IV: Response to City Comments Sectfon V: Statement of Planning Objectfves Sectfon VI: Supplemental Plan Requirements Sectfon VII: PUD Performance Point Calculatfons* Sectfon VIII: Relaxatfons & Justfficatfons* * - Included as a separate document labeled accordingly APPENDICES: APPENDICES: Appendix A: PUD-P Exhibits A.1 - Vicinity Map A.2 - Future Land Use Map A.3 -Existfng Zoning Map A.4 - Land Use Ratfos A.5 - Buildable Area Map A.6 - Block Frontage Exhibit A.7 - Green Plan A.8 - 3-D Map Packet A.9 - Site Circulatfon Appendix B: Relaxatfon Graphic Appendix C: Traffic Impact Study Appendix D: Wayfinding Exhibit Appendix E: Draft Design Manual, Covenants, & Bylaws Appendix F: SID Waiver (DRAFT) 46 March 2022 PRELIMINARY PUD NARRATIVE: Ferguson Farm II Pg. 3 Appendix G: Applicatfon (Letter) for Concurrent Constructfon Appendix H: Reference Documents H.1 - Minor Subdivision 295 Plat H.2 - Maynard Ditch Correspondence Appendix I: Skybridge & Vista Exhibit Appendix J: Impact Letters Appendix K: 12-Foot Access Zones Appendix L: Completfon of Improvements Request Appendix M: Flood Hazard Evaluatfon Report Appendix N: Groundwater Monitoring Info and Map Appendix O: Soils Investfgatfon Report Appendix Q: Stormwater Design Report Appendix R: Water & Sewer Design Report Appendix S: Weed Management Plan Appendix T: CILWR Determinatfon Appendix U: Canal Company Authorizatfon Appendix V: MDT Approach - Letter of Intent Appendix W: Surface Water Exhibits Appendix X: Easement Maintenance Agreement Appendix Y: Maynard Ditch Correspondence DRAWINGS: Civil Existfng Conditfons Map Plat Sheet 1 Plat Sheet 2 Plat Sheet 3 Plat Sheet 4 C1.0 Street Cross Sectfons Index C2.0 Street Cross Sectfons 47 March 2022 PRELIMINARY PUD NARRATIVE: Ferguson Farm II Pg. 4 EX1 Overall Site Plan EX2 Sidewalks & Streetscape Plan EX3 Cluster Box Unit Mail Exhibit EX4 Dry Utflity Layout EX5 Easement Adjacent to Street EX6 Easement Adjacent to Parking EX7 Surface Water Exhibit EX8 Circulatfon Exhibit Block Exhibit Landscape LO Overall Plan LD Details L1 Block 1 L2 Block 2 L3 Block 3 L4 Block 4 L5 Block 5 L6 Block 6 L7 Block 7 L8 Block 8 L9 Block 9 L10 Open Space Details L11 Open Space Details L12 Open Space Details L13 Open Space Details Lighting Overall Site Lightfng Plan (Sheet 1) NW Site Area (Sheet 2) 48 March 2022 PRELIMINARY PUD NARRATIVE: Ferguson Farm II Pg. 5 W Site Area (Sheet 3) SW Site Area (Sheet 4) N Site Area (Sheet 5) Central Site Area (Sheet 6) S Site Area (Sheet 7) NE Site Area (Sheet 8) SE Site Area (Site 9) Spec Sheets Assembly Spec Sheets Bollard Lightfng Spec Sheet Light Type R2 Spec Sheet Light Type R2H Spec Sheet Light Type R3 Spec Sheet Light Type R3H Spec Sheet Irrigation IO Overall Plan IE East Well Overall Plan IW West Well Overall Plan ID Details I1 Block 1 I2 Block 2 I3 Block 3 I4 Block 4 I5 Block 5 I6 Block 6 I7 Block 7 I8 Block 8 I9 Block 9 49 March 2022 PRELIMINARY PUD NARRATIVE: Ferguson Farm II Pg. 6 Section I - Project Team OWNERS & APPLICANTS Boardwalk Propertfes, Inc. 101 E. Main Street, Suite D Bozeman, Montana 59715 406.586.3132 (office) 406.586.8692 (fax) 406.539.7374 (cell) delaney@delaneynco.com Combs Capital LC 1095 Cougar Drive Bozeman, MT 59718 CONSULTANT TEAM Engineer & Project Manager: C&H Engineering and Surveying, Inc. (Attn: Drew Kirsch) 1091 Stoneridge Drive Bozeman, MT 59718 p: 406.587.1115 Drew.M.Kirsch@imegcorp.com Architect: Bitnar Architects 1807 W. Dickerson Street Bozeman, Montana 59715 p: 406.587.1983 thomas.bitnar@bitnararchitects.com Land Use Planner: Intrinsik Architecture, Inc. 111 N. Tracy Avenue Bozeman, Montana 59715 p: 406.582.8988 tsteinway@intrinsikarchitecture.com Landscape Architect: Cashman Nursery and Landscaping 2055 Springhill Road Bozeman, MT 59718 p: 406.587.3406 Design3@cashmannursery.com Lighting: Northern Rockies Agency 246 Timberline Drive Bozeman, MT 59718 p: 406.587.0513 william@nrarep.com 50 March 2022 PRELIMINARY PUD NARRATIVE: Ferguson Farm II Pg. 7 Section II - Project Summary & Narrative Executive Summary This submittal is for a Preliminary Plat for the constructfon of Ferguson Farm II, a new develop- ment in west Bozeman adjacent to the existfng Ferguson Farm I commercial neighborhood. Narrative The Ferguson Farm II Preliminary Plat consists of approximately 31 acres that are currently zoned Urban Mixed Use (UMU) and designated Community Commercial Mixed-Use in the City’s Future Land Use Map. The relatfvely flat vacant land was historically used for hay and has remained vacant since the farm was purchased. The property itself is a planned extension of the existfng Ferguson Farm I. The property is located on the west side of the City, on the northwest corner of the signalized intersectfon of Huffine Lane and Ferguson Avenue. The project site is bound to the south by Huffine Lane, to the east by Ferguson Avenue, to the west by Resort Drive, and to the north by 51 March 2022 PRELIMINARY PUD NARRATIVE: Ferguson Farm II Pg. 8 Fallon Street. The adjacent local streets were installed with the original platting of Spring Creek Village Minor Subdivision. Huffine Lane is improved to a five lane arterial highway, while Ferguson Avenue is a collector. Resort Drive and Fallon Street are both designated as local streets. Currently, the site is accessed from Fallon Street at the Resort Drive intersectfon and the two curb cuts east of the Maynard Border Ditch. Although curb and gutter has already been installed along Fallon Street and Resort Drive, the sidewalks that will be installed with the subdivision infrastructure will connect to the existfng trails along Ferguson Avenue and Huffine Lane. The Maynard Border Ditch flows through the western portfon of the property. There is an ex- istfng 15-foot ditch easement on the west side of Maynard Border ditch and five (5) feet on the east side. The vegetatfon bordering the ditch is mostly cottonwood, willow, and wild rose. It is the intent of the project developers to relocate the ditch and the associated easements to the east, a request that has been reviewed and approved by the Maynard Border Ditch Associ- atfon (See Appendix U. See also Appendix Y for related informatfon). No floodplains or water- course setbacks are present at this site, however a flood study has been included in this sub- mittal as has been requested by the City of Bozeman (See Appendix M). Buildings and potentfal uses are described below for each of the proposed blocks. Buildings are proposed to be between three-stories (55’) and six-stories (87’). Additfonal informatfon 52 March 2022 PRELIMINARY PUD NARRATIVE: Ferguson Farm II Pg. 9 related to proposed building heights has been included in the 3-D Map (Appendix A.8) and the relaxatfons requested with the Planned Unit Development. Utflitfes and community facilitfes such as gas, electric, telephone, water and sewer were in- stalled on Huffine Lane and Ferguson Avenue with the original platting of the Spring Creek Vil- lage Minor Subdivision. The onsite utflitfes will be accessed from their existfng locatfons within the utflity easements surrounding the property, with water and sewer to be provided to the subdivision in to be constructed water and sewer mains in Fallon Street and Resort Drive. See Civil plans and the Preliminary Plat for additfonal details on the proposed utflitfes necessary to serve this site. The propertfes within a ½ mile radius of the property have been developed with a mix of resi- dentfal and commercial uses. The commercial Ferguson Farm I project lies to the west of this site, while a variety of lower intensity commercial uses lie to the north and east of this project site. Ferguson Farm II is envisioned as an extension of Ferguson Farm I, with this project providing extensions of the Field Street and Valley Commons Drive (local streets). Block frontages proposed for this project are shown in Appendix A.6. Additfonal streets proposed for this project include: • Field Street– connectfng Resort Drive to Ravalli Street (east to west) • Ravalli Street– connectfng Fallon Street to the alley (north to south) • Brookfield Avenue – connectfng Fallon Street to Huffine Lane as the only access onto Huffine Lane (north to south) via a right-in/right-out access as supported by MDT • C-Bar-3 Avenue – interior street only (north to south) Ravalli Street is also an extension of an existfng city street. Valley Commons Drive supports the only east to west connectfon between Resort Drive and Ferguson Avenue. Brookfield Avenue is the primary north to south street. The street supports the only MDOT approved access to the subdivision from Huffine Lane. Brookfield Avenue dead ends at Fallon Street. Field Street is to provide a short east to west connectfon between Resort Drive and Ravalli Street. Ravalli Street is an east to west street from Ferguson Avenue, but extends from Cottonwood Condos to become a north to south connectfon within Ferguson Farm II. C-Bar-3 Avenue will provide a short north to south connectfon to Fallon Street, aligning with the existfng Ridge PUD driveway to the north. C-Bar-3 Avenue and Ravalli Street both terminate in Ferguson Farm II, as the MDOT has restricted access to the state highway. The Brookfield Avenue and Huffine Lane intersectfon has been designed as an 85-foot right of way with a landscaped me- dian. Internal streets are designed as local streets with additfonal right of way to accommodate the angled on-street parking. An exceptfon to street design standards has been requested, through the separate PUD applicatfon, to allow back-in angled parking within throughout the 53 March 2022 PRELIMINARY PUD NARRATIVE: Ferguson Farm II Pg. 10 site. The traffic impact study indicates this type of angled parking will provide additfonal traffic calming. The traffic impact study further identffies successful examples of back-in angled park- ing in the right of way. All internal, local street intersectfons have been designed with traffic circles in lieu of four-way stop to facilitate traffic circulatfon within the subdivision. The traffic circles will encourage traffic calming and reduce traffic speed at these intersectfons. Parking will be provided through a mix of the back-in angled parking and onstreet parking in the alleys. No parking other than the proposed onsite garage parking is to be allocated to any individual owner. Bike parking will be provided both dispersed throughout the site as a com- ponent of the streetscape improvements and in covered centralized locatfons. Bike parking is to be owned and maintained by the HOA. Analysis of parking requirements have been includ- ed below. Open space for this project has been designated to meet both the onsite commercial require- ments and the PUD Performance Points necessary for permitting. Additfonal details are includ- ed in the Site Design sectfon below, and the attached Landscape Plan sectfon of this applica- tfon. Furthermore, please refer to the PUD applicatfon for more detail on the PUD Perfor- mance Points. Site Design The project is proposed to be a solely commercial subdivision, with a variety of commercial uses possible at this site. Taking a block by block overview of the possible development pattern for this site, the project presents a cohesive vision for future constructfon. Please refer to the included Block exhibits within the Civil Plans, the Preliminary Plat, and Appendix A.8 - 3- D Map for reference. Please note the following exhibits are conceptual and may change as in- dividual lot owners submit site plans for specific development proposals. These development proposals may vary from these plans and will demonstrate in their applica- tfon how they meet the spirit and in- tent of the code. Block 1 Block 1 is bounded by Valley Com- mons Drive to the north, Ferguson Avenue to the east, Huffine Lane to the south, and Block 2 to the west. Block 1 has one developable lot that is approximately 81,172 square feet. Block 1 also includes a portfon of 54 March 2022 PRELIMINARY PUD NARRATIVE: Ferguson Farm II Pg. 11 Open Space Lot 1, which contains a portfon of the existfng multf-modal east-to-west trail con- nectfon as well as a portfon of the north-to-south trail connectfon. These open space areas are publicly accessible and are shown as a component of the open space contributfon to meetfng the Planned Unit Development performance point requirements. Block 1 is likely to contain a three to four story medical office type building and parking, alt- hough it is possible a hotel or other commercial building may be placed in this locatfon. The building footprint for such a building is approximately 23,800 square feet. Parking proposed for Block 1 will all be provided through onsite parking that includes approximately 75 regular parking spaces, five (5) ADA spaces, and two (2) ADA van accessible spaces (82 total parking spaces). For a four story medical office building with a 23,800 sq. ft. footprint (80,920 net sq. ft. or 40 doctors and 153 employees), approximately 219 parking spaces and 22 bike parking spaces would be required. Exceptfons to parking have been factored in to this calculatfon for transit availability (10%) and joint use (30%) as discussed in the TIS. Block 2 Block 2 lies adjacent to the west of Block 1, south of Valley Commons Drive, and to the west of Brookfield Avenue. Block 2 contains two developable lots, one proposed parking lot, a portfon of Open Space Lot 1, and a large central open space area that both contribute to the PUD performance points. Lot 1 will be a parking lot. Lot 2 will house a three-story bank and office building with a drive-through that has a building foot- print of 7,500 square feet. The precise us- es for Lot 3 are TBD at this tfme, but it is imagined that a three story commercial building with a 7,735 square foot footprint will be constructed here. The program- ming for the publicly accessible Open Space Lot 2 is described in detail in the Performance Points descriptfon and within the Landscaping Plans, but it is intended to contain a food cart pod like setting with adjacent covered bike parking for 40 bikes, partfally meetfng the UMU requirements for covered bike parking. 55 March 2022 PRELIMINARY PUD NARRATIVE: Ferguson Farm II Pg. 12 Parking for Block 2 is proposed in parking lots (34 regular spaces, 5 ADA spaces, and 1 ADA van accessible space) and back-in angled parking in alleys and ROWs (39 spaces). For buildings with 7,500 sq. ft of retail and 30,470 sq. ft of office/bank, 80 parking spaces and 8 bike parking spaces would be required. Exceptfons to parking have been factored in to this calculatfon for transit availability (10%) and joint use (30%) as dis- cussed in the TIS. Block 3 Block 3 lies southwest of the intersectfon of Brookfield Avenue and Val- ley Commons Drive. Block 3 contains two developable lots, one proposed parking lot, and a portfon of PUD open space (Block 3, Open Space Lot 3). Lots 1A-1C will contain a parking lot and garages that are to be condominiumized to be sold to individual owners. These parking gar- ages have been designed to possibly contain vehicle lifts to allow for an additfonal in-building parking space. Lot 2 is to contain a hotel with approximately 120 rooms. A porte cochere is proposed over the alley the lies between Lots 1 and 2. Lot 3 will likely contain an office or other retail type building, alt- hough the 3-D map specifies a range of uses are possible. The hotel proposed for Lot 2 will be approximately four stories with a building footprint of 27,984 square feet. The precise uses for Lot 3 are TBD at this tfme, but it is imagined that a three story commercial building with a 4,427 square foot footprint will be constructed here. The programming for the publicly accessible Open Space Lot 3 includes the existfng 12’ pedes- trian pathway along Huffine, and is further described in detail in the Performance Points de- scriptfon. Parking for Block 3 is proposed in parking lots (95 regular spaces, 30 compact spaces, 20 gar- age units, 5 ADA spaces, and 1 ADA van accessible space) and back-in angled parking in alleys 56 March 2022 PRELIMINARY PUD NARRATIVE: Ferguson Farm II Pg. 13 and ROWs (30 regular spaces, 1 ADA van accessible space, and 1 ADA space). For buildings with uses as described above, approximately 144 parking spaces and 14 bike parking spaces would be required. Exceptfons to parking have been factored in to this calculatfon for transit availability (10%) and joint use (30%) as discussed in the TIS. Block 4 Block 4 is to the west of Block 3, adjacent to Resort Drive and south of Valley Commons Drive. Block 3 contains as many as sixteen developable lots, one pro- posed parking lot, the bal- ance Open Space Lot 3, and Open Space Lot 4. The pro- posed skybridge’s southern terminus, which includes a stairway, will be in Open Space Lot 3. The skybridge contfnues north through Open Space Lot 4. The sky- bridge is to be accessible from stairways along the norther and southern ends (Open Space Lot 7), an ele- vator (Open Space Lot 5), and from the buildings that will front on either side of the Maynard Border Ditch (See also Appendix I - Skybridge and Vista Exhibit and the correspondence from the Fire Marshal included in Appendix J). Lot 2 will contain a parking lot. The sixteen developable lots will contain a mix of commercial uses, although the precise mix is unknown at this tfme. Units adjacent to the Maynard Border Ditch may be consolidated to create larger developable lots. Buildings on these lots may be built up to six to twelve feet from the lot lines to allow for a pathway between the buildings. Buildings on these lots may also have upper story connectfons to the skybridge that is pro- posed north-south within the ditch corridor. They may also cantflever over the proposed path- way between buildings. The precise uses for the sixteen developable lots are TBD at this tfme, but it is imagined that a three story commercial building will be constructed here. The total potentfal building square footage proposed in the 3D plan for these lots is 306,813 sq. ft., with approximately 102,271 57 March 2022 PRELIMINARY PUD NARRATIVE: Ferguson Farm II Pg. 14 sq. ft. of retail, commercial, restaurants, bars, or offices and 204,542 sq. ft. of office or hotel units shown on the plan. The programming for the open space areas includes the existfng 12’ pedestrian pathway along Huffine, the skybridge, and ditch improvements to provide pedestri- an amenitfes. The open space programming is further described in detail in the Performance Points descriptfon. Parking for Block 4 is proposed in parking lots (42 regular spaces and 1 ADA van accessible space) and back-in angled parking in alleys and ROWs (21 regular spaces, and 2 ADA van acces- sible space). For buildings with uses as described above, approximately 379 parking spaces and 38 bike parking spaces would be required. Exceptfons to parking have been factored in to this calculatfon for transit availability (10%) and joint use (30%) as discussed in the TIS. Additfonal- ly, the first 3,000 square feet of non-residentfal space can be deducted from the parking calcu- latfons due to the lots adjacency to a Storefront Block Frontage. Block 5 Block 5 is to the north of Block 4, adjacent to Re- sort Drive (west), Field Street (north), Ravalli Street (east), and Valley Commons Drive (south). Block 3 contains as many as nine developable lots, one proposed parking lot, Open Space Lot 5, and Open Space Lot 6. The proposed skybridge will contfnue through Open Space Lots 5 and 6, with an elevator and stairway proposed in Open Space Lot 5. Lot 2 will contain a park- ing lot. The nine developable lots will contain a mix of commercial uses, although the precise mix is unknown at this tfme. Units that adjacent to the Maynard Border Ditch may be consoli- dated to create larger developable lots. Buildings on these lots may be built up to six to twelve feet from the lot lines to allow for a pathway between the buildings. Buildings on these lots may also have upper story connectfons to the skybridge that is proposed north-south within the ditch corridor. They may also cantflever over the proposed pathway between buildings. 58 March 2022 PRELIMINARY PUD NARRATIVE: Ferguson Farm II Pg. 15 The precise uses for the nine developable lots are TBD at this tfme, but it is imagined that a three story commercial building will be constructed here. The total potentfal building square footage proposed in the 3D plan for these lots is 99,102 sq. ft., with approximately 33,304 sq. ft. of retail, commercial, restaurants, bars, or offices and 66,068 sq. ft. of office or hotels shown on the plan. The programming for the open space areas includes an event space on Open Space Lot 5, the skybridge, and ditch improvements to provide pedestrian amenitfes. The open space programming is further described in detail in the Performance Points descrip- tfon. Parking for Block 5 is proposed in parking lots (23 regular spaces) and back-in angled parking in alleys and ROWs (7 regular spaces, 1 ADA space, and ADA van accessible space). For buildings with uses as described above, approximately 164 parking spaces and 16 bike parking spaces would be required. Exceptfons to parking have been factored in to this calculatfon for transit availability (10%) and joint use (30%) as discussed in the TIS. Additfonally, the first 3,000 square feet of non-residentfal space can be deducted from the parking calculatfons due to the lots adjacency to a Storefront Block Frontage. Block 6 Block 6 is in the north- west corner of the project site. Field Street is to the south of this block, while Resort Drive is to the west, Fallon Street to the north, and Ravalli Street to the east. Block 3 contains two developable lots, two proposed parking lots, and Open Space Lots 7 - 9. Lot 1 will contain a parking lot and garag- es that are to be con- dominiumized to be sold to individual owners. These parking garages have been designed to possibly contain vehi- cle lifts to allow for an additfonal in-building parking space. Lot 2 and 3 are likely to contain a 59 March 2022 PRELIMINARY PUD NARRATIVE: Ferguson Farm II Pg. 16 hotel units (unit count TBD). Structured parking with access taken from the alley or a mix of commercial uses are also possible for the ground floor of these proposed hotel buildings. The hotel proposed for Lots 2 and 3 will be approximately six stories with a building footprint of 12,460 sq. ft. on Lot 2 and 14,775 sq. ft. on Lot 3. The precise uses for ground floor is TBD at this tfme. The programming for the open space lots includes the contfnuatfon of the skybridge to its northern terminus (Lot 7), a dog walk area (Lot 8), and a pedestrian seatfng area (Lot 9). Additfonal detail is provided in the Performance Points descriptfon. Parking for Block 6 is proposed in parking lots on Lots 1 and 4 (34 regular spaces, 30 compact spaces, 20 garage units and 13 garage spaces), and back-in angled parking in alleys and ROWs (4 regular spaces, 1 ADA van accessible space, and 1 ADA space). For buildings with ground floor retail and upper floors as hotel units with an average square footage of 960 sq. ft. ap- proximately 183 parking spaces and 18 bike parking spaces would be required. Exceptfons to parking have been factored in to this calculatfon for transit availability (10%) and joint use (30%) as discussed in the TIS. Block 7 Block 7 lies east of Blocks 5 and 6. Block 7 is bordered by Fallon Street to the north, Brookfield Avenue to the east, Valley Commons Drive to the south, and Ravalli Street to the west. Block 7 contains six developable lots, one proposed park- ing lot, and Open Space Lot 10. Lots 1A-1C will contain a parking lot and garages that are to be condomini- umized to be sold to indi- vidual owners. These parking garages have been designed to possibly contain vehicle lifts to al- low for an additfonal in- building parking space. Lots 2 - 7 will likely con- tain a mix of commercial type building, and the 3-D map specifies the range of possible uses. 60 March 2022 PRELIMINARY PUD NARRATIVE: Ferguson Farm II Pg. 17 The buildings on Lots 2-7 are currently envisioned to be up to four stories, with building foot- prints between 3,450 sq. ft. to 3,570 sq. ft. The programming for the publicly accessible Open Space Lot 3 includes a pedestrian pathway and seatfng amenitfes, and is further described in detail in the Performance Points descriptfon. Buildings may be constructed with 12’ walkways between buildings. Refer to the plat and CCRs for more informatfon on those easements and their applicability. Parking for Block 3 is proposed in parking lots (115 regular spaces, 30 compact spaces, 20 gar- age units, 2 ADA spaces, and 4 ADA van accessible space) and back-in angled parking in alleys and ROWs (13 regular spaces). For buildings with uses as described above and on the 3D plan, approximately 152 parking spaces and 15 bike parking spaces would be required. Exceptfons to parking have been factored in to this calculatfon for transit availability (10%) and joint use (30%) as discussed in the TIS. Additfonally, the first 3,000 square feet of non-residentfal space can be deducted from the parking calculatfons due to the lots adjacency to a Storefront Block Frontage. Block 8 Block 8 lies east of Block7 and north of Block 2. Block 8 is bordered by Fallon Street to the north, C-Bar-3 to the east, Valley Commons Drive to the south, and Brookfield Avenue to the west. Block 7 contains six developable lots, one proposed parking lot, and three open space lots. Lots 1A-1B will contain a parking lot and garages that are to be condominiumized to be sold to individual own- ers. These parking garages have been designed to pos- sibly contain vehicle lifts to allow for an additfonal in-building parking space. Lots 2 - 7 will likely contain a mix of commer- cial type building, and the 3-D map specifies the range of possible uses. 61 March 2022 PRELIMINARY PUD NARRATIVE: Ferguson Farm II Pg. 18 The buildings on Lots 2-7 are currently envisioned to be up to four stories, with building foot- prints between 3,330 sq. ft. to 3,680 sq. ft. The programming for the publicly accessible Open Space Lots 11, 12, and 13 includes a pedestrian pathway and seatfng amenitfes, covered bike parking, and a picnic area, and is further described in detail in the Performance Points descrip- tfon. Buildings may be constructed with 12’ walkways between buildings. Refer to the plat and CCRs for more informatfon on those easements and their applicability. Parking for Block 8 is proposed in parking lots (79 regular spaces, 6 garage units, and 3 ADA van accessible space). For buildings with uses as described above and on the 3D plan, approxi- mately 227 parking spaces and 23 bike parking spaces would be required. Exceptfons to park- ing have been factored in to this calculatfon for transit availability (10%) and joint use (30%) as discussed in the TIS. Additfonally, the first 3,000 square feet of non-residentfal space can be deducted from the parking calculatfons due to the lots adjacency to a Storefront Block Front- age. Block 9 Block 9 lies east of Block 8 and north of Block 1. It is bordered by Fallon Street to the north, South Ferguson Avenue to the east, Val- ley Commons Drive to the south, and C-Bar-3 Avenue to the west. Block 9 contains one proposed parking lot and Open Space Lot 14. Lot 1 will contain a parking lot and. The programming for the publicly accessible Open Space Lot 14 includes the existfng eight (8) foot pedestrian pathway and seatfng amenitfes, and is further described in detail in the Performance Points descriptfon. Parking for Block 9 is proposed to contain 143 regular spaces. Summary To summarize, the following building square footages are proposed: • 135,464 sf - Retail, Restaurant, Commercial, Bar 62 March 2022 PRELIMINARY PUD NARRATIVE: Ferguson Farm II Pg. 19 • 246,081 sf - Office • 368,072 sf - Hotel • 95,200 sf - Medical • 27,235 - Structured Parking • 22,125 sf - Garage Condo Units Parking required for this project would be approximately 1555 spaces, (after reductfons for adjacency to transit routes, adjacency to Storefront Block Frontages, and joint use reductfons of 30% as specified in the TIS). Total parking provided for this project is 883 total spaces, and includes on street parking and the proposed garages (one space per garage). The required bike parking would be 155 - 226 spaces. The project is proposing to provide 304 bike parking spac- es across the site (112 x 2-bike racks (uncovered); 40 x 2-bike racks (covered)). The covered bike parking exceeds the required UMU standards. Please note, the parking calculatfons for this project do not consider the full range of uses that are possible at this site. For example, assuming one-third of projected office space as shown on the 3-D map becomes hotel units and/or one-half of retail is developed as restaurant space, the project could be required under the existfng UDC to provide 2,264 required spaces. It is therefore difficult for the applicant to discern the precise parking that would be required under the UDC for this project at this initfal stage. Block by block analysis of initfal assumptfons for parking can be provided upon request. Related to site parking and circulation, please also note that with this submittal the appli- cant is requesting an exception to the prohibition to backing into the alley by non-residential development (UDC Sec. 38.540.020.D). Function of the alley will not be impeded with the City’s grant to this request. Additional details on this request can be found in the separate PUD application. Section III: PUD-P Checklist Responses to the relevant PUD review criteria are included below or in the noted attachment. Phasing The project is intended to be constructed over several years, however phasing of the PUD is not proposed at this tfme. Constructfon of the infrastructure within the rights-of-way and al- leys, and open space areas will be constructed following approval of the Preliminary PUD and Preliminary Plat. All other components of the subdivision will be built as future site plans are submitted. Financial suretfes or other means of financial guarantees are to be provided as nec- essary to ensure that all future development within the project area is developed according to City of Bozeman expectatfons. Please see the Plat included in the Preliminary Plat applicatfon and associated initfal improvements plan for additfonal details. 63 March 2022 PRELIMINARY PUD NARRATIVE: Ferguson Farm II Pg. 20 Review Criteria 1. The design objectfves and criteria with which a planned unit development proposal must comply are dependent upon the designated growth policy land use classificatfon and zoning district of the site proposed for the planned unit development. Response: The site is designated Community Commercial Mixed Use on the Future Land Use Map and is zoned Urban Mixed-Use District (UMU). The intent and purposes of the UMU urban mixed-use district are to establish areas within the city that are mixed-use in character, and to set forth certain minimum standards for develop- ment within those areas which encourage vertfcal mixed-use development with high density. The purpose in having an urban mixed-use district is to provide optfons for a variety of em- ployment, retail and community service opportunitfes within the community. The project is expected to be compatfble with uses within the development and adjacent to the project, are- as that are a mix of residentfal and commercial in nature, and these consideratfons have been taken into account by the project team for the site design. Moreover, the project is located at the intersectfons of major traffic corridors. Taken as a whole, this criterion has been met. 2. All planned unit developments are reviewed against the objectfves and criteria designated for all development. Each individual planned unit development is then reviewed against the objectfves and criteria established for the land use classificatfon of the site on which the pro- posal is to be located. A planned unit development must satfsfy all the objectfves and criteria of all applicable groups. Response: Understood. Responses to the applicable review criteria have been included in this submittal. 3. In evaluatfng planned unit developments, the city may determine that certain criteria are not applicable or are irrelevant to a partfcular development proposal and therefore do not ap- ply to that proposal unless those criteria are applicable to a deviatfon which is being sought by the applicant. Subsectfon E of this sectfon contains the groups of objectfves and criteria against which planned unit developments are reviewed. Response: Understood. DESIGN OBJECTIVES & REVIEW CRITERIA (All Development) All land uses within a proposed planned unit development must comply with the following ap- plicable objectfves and criteria: 64 March 2022 PRELIMINARY PUD NARRATIVE: Ferguson Farm II Pg. 21 1. Does the development comply with all city design standards, requirements and specifica- tfons for the following services: water supply, trails/walks/bike ways, sanitary supply, irrigatfon companies, fire protectfon, electricity, flood hazard areas, natural gas, telephone, storm drain- age, cable television, and streets? Response: Other than the requested relaxatfons or as otherwise detailed in this applicatfon, the project meets all city standards, requirements, and specificatfons. 2. Does the project preserve or replace existfng natural vegetatfon? Response: The current site is undeveloped and the existfng vegetatfon is a mix of natfve and non-natfve plants as shown in the Existfng Conditfons plan. As the site is constructed, the ex- istfng vegetatfon will be replaced with landscaping for the site and streets that is in accordance with City of Bozeman landscaping requirements. In additfon to providing enhanced site and streetscape landscaping, the project is supported by numerous open areas that will be revege- tated after their constructfon. Please see the Landscape plans for additfonal details on how this project intends to replace the existfng natural vegetatfon for this site. 3. Are the elements of the site plan (e.g., buildings, circulatfon, open space and landscaping, etc.) designed and arranged to produce an efficient, functfonally organized and cohesive planned unit development? Response: The site has been designed to follow a functfonal and cohesive plan as demonstrat- ed in this Preliminary PUD applicatfon. The proposed commercial building lots are arranged around open space amenitfes and streets that are an extension of the existfng road network. Moreover, the site is bounded on all sides by a multfmodal pathway system that provides transit connectfons around and through the site. A variety types of commercial buildings types of differing sizes are envisioned to be constructed on this site. The buildings along the irriga- tfon canal are oriented to take advantage of this natural feature and the trail corridor that runs the length of the ditch, as well as the surrounding mountainscapes. The open space areas proposed for this site include thoughtiul features and landscaping that promote their use. 4. Does the design and arrangement of elements of the site plan (e.g., building constructfon, orientatfon, and placement; transportatfon networks; selectfon and placement of landscape materials; and/or use of renewable energy sources; etc.) contribute to the overall reductfon of energy use by the project? Response: The project is located on a site that lies within the City’s urban boundary and is cur- rently able to utflize existfng services. This infill site lies along existfng transportatfon networks and constructfon of the PUD will further enhance the City’s transit patterns. As has been previ- ously mentfoned, a variety of multfmodal transit connectfons exist through and around the 65 March 2022 PRELIMINARY PUD NARRATIVE: Ferguson Farm II Pg. 22 site boundaries. Buildings along Huffine Lane have been positfoned to take advantage of solar gain. Solar panels are possible features for future building constructfon, and the Design Guide- lines encourage their use. 5. Are the elements of the site plan (e.g., buildings, circulatfon, open space and landscaping, etc.) designed and arranged to maximize the privacy of residents of the project? Response: Privacy of future project tenants has been a paramount consideratfon during the site design process. Suitable landscaping is proposed to ensure building sites are adequately separated from one another. Open space amenitfes of a variety of sizes and types are also used to break up the site area and allow for enhanced privacy. The building sites themselves have been designed and oriented to create private spaces within and adjacent to building are- as. Taken as a whole, these design consideratfon ensure that the privacy of future tenant of the site is protected. 6. Parkland. Does the design and arrangement of buildings and open space areas contribute to the overall aesthetfc quality of the site configuratfon, and has the area of parkland or open space been provided for each proposed dwelling as required by sectfon 38.420.020? Response: No residentfal uses are proposed for this Planned Unit Development, therefore parkland dedicatfon is not required. 7. Performance. All PUDs must earn at least 20 performance points. Points may be earned in any combinatfon of the following. The applicant must select the combinatfon of methods but the city may require documentatfon of performance, modificatfons to the configuratfon of open space, or other assurances that the optfons selected will perform adequately. Response: Performance Points have been earned for this project as demonstrated in Sectfon VII. 8. Is the development being properly integrated into development and circulatfon patterns of adjacent and nearby neighborhoods so that this development will not become an isolated "pad" to adjoining development? Response: The infill project is proposing extensions to Valley Commons Drive, Field Street, and Ravalli Street, all existfng components of the City’s transportatfon network. Additfonally, the project is showing multfmodal trails that connect through and around the site boundaries that well integrated with adjacent components of the trail system. As this project is adjacent to ex- istfng residentfal and commercial neighborhoods, the development team expects that resi- dents of these existfng areas will utflize commercial uses that are developed at this site in the future. This synergy between the surrounding areas and this proposed PUD site ensures that the project will not become an isolated “pad”. 66 March 2022 PRELIMINARY PUD NARRATIVE: Ferguson Farm II Pg. 23 Commercial Development Review Criteria 1. If the project contains any use intended to provide adult amusement or entertainment, does it meet the requirements for adult businesses? Response: No adult amusement or entertainment is proposed for this project. 2. Is the project contfguous to an arterial street, and has adequate but controlled access been provided? Response: The project is contfguous to a principal arterial (Huffine Lane), and the project is proposing adequate but controlled access to Huffine Lane as shown within the TIS (Appendix C). 3. Is the project on at least two acres of land? Response: The project site is 31.03 acres, far in excess of the required two acre minimum. 4. If the project contains two or more significant uses (for instance, retail, office, residentfal, hotel/motel and recreatfon), do the uses relate to each other in terms of locatfon within the PUD, pedestrian and vehicular circulatfon, architectural design, utflizatfon of common open space and facilitfes, etc.? Response: The project is proposing a variety of commercial use types (Restaurants, Bars, Re- tail, Offices, Medical Offices, and Hotel Units), however the precise mix of uses will be deter- mined at the tfme of future site plan submittals. The site has been designed to suit all of these types of uses regardless of the ultfmate mix that is constructed here. From the proposed De- sign Guidelines to the transit network proposed to the common open space arrangement, the future uses possible at this site have been positfoned to relate exceptfonally well with each other and the surrounding neighborhoods. 5. As is discussed above, the project is compatfble with and does it reflect the unique charac- ter of the surrounding area? Response: The Ferguson Farm II neighborhood has been designed to reflect the success of the adjacent Ferguson Farm project as well as be respectiul of the adjacent commercial and resi- dentfal areas adjacent to the site. This project is intended to contribute to the vibrancy and character of the existfng area. Transit and trail connectfons to and through this site further in- tegrate this site with the unique nature of the surrounding area. Future uses present at the site will contribute to regional commercial services in the area. The site design and architec- 67 March 2022 PRELIMINARY PUD NARRATIVE: Ferguson Farm II Pg. 24 ture envisioned will further reinforce the building characteristfcs of the surrounding area. Open space areas too have been designed to remain compatfble with surrounding areas, with open space transitfons proposed that provide seamless connectfons to adjacent open space amenitfes. See Appendix A.1 (Vicinity Map) for additfonal informatfon on the development pattern within one-half mile of this site. 6. Is there direct vehicular and pedestrian access between on-site parking areas and adjacent existfng or future off-site parking areas which contain more than ten spaces? Response: All proposed onsite parking areas and future parking areas are shown to have di- rect vehicular and pedestrian access between these locatfons and future buildings site. Site circulatfon for both vehicles and pedestrians has been designed to compliment the pro- posed parking areas and the building site locatfons. Direct connectfons are shown between buildings, connectfons that allow for travel between future uses at this site. See the Site Circu- latfon Plan (Appendix A.9) for further informatfon. 7. Does the project encourage infill, or does the project otherwise demonstrate compliance with the land use guidelines of the city growth policy? Response: Yes the project is an infill site within the City’s urban services boundary. See below for further discussion of compliance of this project with the City’s Growth Policy. 8. Does the project provide for outdoor recreatfonal areas (such as additfonal landscaped are- as, open spaces, trails or picnic areas) for the use and enjoyment of those living in, working in or visitfng the development? Response: As is shown in the PUD Performance Points sectfon and the Landscape plans, sig- nificant open space areas with a variety of programming features, such as dog runs and picnic areas, have been proposed for the use and enjoyment of those working in or visitfng the de- velopment. Conditional Use Criteria 1. That the site for the proposed use is adequate in size and topography to accommodate such use, and all setbacks, spaces, walls and fences, parking, loading and landscaping are adequate to properly relate such use with the land and uses in the vicinity; Response: The site is of adequate size and generally flat topography to accommodate the fu- 68 March 2022 PRELIMINARY PUD NARRATIVE: Ferguson Farm II Pg. 25 ture development proposed at this site. Except as described in the PUD Relaxatfons, the pro- ject will meet applicable UDC standards related to setbacks, spaces, walls and fences, parking, loading, and landscaping. The site itself will integrate seamlessly with the land uses and uses in proximity to the Ferguson Farm II project site. 2. That the proposed use will have no material adverse effect upon the abutting property. Per- sons objectfng to the recommendatfons of review bodies carry the burden of proof. Response: The project team has included in this submittal sufficient project details that demonstrate that any potentfal adverse impacts to abutting propertfes (ex. traffic) have been mitfgated. No material adverse impacts have been identffied by the project team that will not be addressed through during future constructfon of the project. 3. That any additfonal conditfons stated in the approval are deemed necessary to protect the public health, safety and general welfare. Response: The applicant acknowledges that the project will be expected to satfsfy any re- quired conditfons of approval prior to filing the Final PUD applicatfon. Plan Review Criteria 1. Conformance to and consistency with the city's adopted growth policy. Response: Details on the project’s conformance with the City’s adopted Growth Policy is in- cluded below. 2. Conformance to this chapter, including the cessatfon of any current violatfons. Response: Unless otherwise noted in the requested PUD Relaxatfons, the project conforms to all sectfons of the UDC. There are no current violatfons at this site. 3. Conformance with all other applicable laws, ordinances and regulatfons. Response: The project conforms with all other applicable laws, ordinances, and regulatfons. Any additfonal permitting required by the local and state laws, such as servicing alcohol on premise will be obtained prior to operatfon of the use. 4. Conformance with special review criteria for applicable permit type as specified in artfcle 2. Response: The project conforms with all special review criteria for applicable permit type as specified in Artfcle 2 and all other relevant criteria as described herein. 69 March 2022 PRELIMINARY PUD NARRATIVE: Ferguson Farm II Pg. 26 5. Conformance with the zoning provisions of artfcle 3, including: a. Permitted uses (division 38.310); b. Form and intensity standards (division 38.320); c. Applicable zone specific or overlay standards (divisions 38.330-340); d. General land use standards and requirements (division 38.350); e. Applicable supplemental use criteria (division 38.360); f. Wireless facilitfes and/or affordable housing provisions (divisions 38.370-380) if applicable; Response: Unless otherwise noted in the requested PUD Relaxatfons, the project conforms to the zoning provisions of Artfcle 3. Please see the overall Site Plan for additfonal verificatfon that the necessary standards have been met except where discussed in the proposed relaxa- tfons. The project is not proposing uses that are not allowed within the UMU zone. The project is meetfng the form and intensity standards of Artfcle 2, which a few exceptfons (ex. building height) as shown in the included Relaxatfons. No affordable housing is required nor proposed for this development. The project also meets the supplemental UMU use criteria. The project is surrounded by pe- rimeter streets. Block frontage, building orientatfon, and the site and buildings are designed as required in the UDC unless otherwise noted in the Relaxatfons requested for this PUD. No mixed commercial-residentfal uses are proposed for this project. All opening for possible park- ing structures will be limited to those necessary to serve the structures and the all such struc- tures will be designed as is required in the UDC. Parking less than the required maximum is proposed, while adequate covered bike parking is also noted in the applicatfon. Pedestrian scale lightfng has been shown throughout the site, with site and intersectfon lightfng beyond the minimum proposed. The open spaces for this site are intended to have a more urban char- acter but are designed to meet the needs of visitors and employees of this site. 6. Conformance with the community design provisions of artfcle 4, including: a. Transportatfon facilitfes and access (division 38.400), notably: (1) The impact of the proposal on the existfng and antfcipated traffic and parking conditfons; (2) Pedestrian and vehicular ingress, egress and circulatfon, including: (a) Design of the pedestrian and vehicular circulatfon systems to assure that pedestrians and vehicles can move safely and easily both within the site and between propertfes and actfvitfes within the neighborhood area; (b) Non-automotfve transportatfon and circulatfon systems design features to enhance con- venience and safety across parking lots and streets, including, but not limited to, paving patterns, grade differences, landscaping and lightfng; (c) Adequate connectfon and integratfon of the pedestrian and vehicular transportatfon sys- tems to the systems in adjacent developments and general community; and (d) Dedicatfon of right-of-way or easements necessary for streets and similar transportatfon facilitfes; 70 March 2022 PRELIMINARY PUD NARRATIVE: Ferguson Farm II Pg. 27 (3) Loading and unloading areas; b. Community design and element provisions (division 38.410), notably: (1) Lot and block standards; (2) Provisions for utflitfes, including efficient public services and facilitfes; (3) Site surface drainage and stormwater control; (4) Grading; c. Park and recreatfonal requirements (division 38.420); Response: Unless otherwise noted in the requested PUD Relaxatfons, the project conforms with the community design provisions for transportatfon facilitfes and community design ele- ments of Artfcle 4. No parkland dedicatfon is required for this project, as the applicant team is proposing a solely commercial neighborhood. Please see the Overall Site Plan and the request- ed Relaxatfons for additfonal details on the project’s conformance with the Artfcle 4 standards. 7. Conformance with the project design provisions of artfcle 5, including: a. Compatfbility with, and sensitfvity to, the immediate environment of the site and the adja- cent neighborhoods and other approved development relatfve to architectural design, building mass, neighborhood identfty, landscaping, historical character, orientatfon of buildings on the site and visual integratfon; b. Design and arrangement of the elements of the plan (e.g., buildings, circulatfon, open space and landscaping, etc.) so that actfvitfes are integrated with the organizatfonal scheme of the community, neighborhood, and other approved development and produce an efficient, func- tfonally organized and cohesive development; c. Design and arrangement of elements of the plan (e.g., buildings circulatfon, open space and landscaping, etc.) in harmony with the existfng natural topography, natural water bodies and water courses, existfng vegetatfon, and to contribute to the overall aesthetfc quality of the site configuratfon; d. Landscaping, including the enhancement of buildings, the appearance of vehicular use, open space and pedestrian areas, and the preservatfon or replacement of natural vegetatfon; e. Open space, including: f. Lightfng; g Signage; Response: The project has been designed in accordance with Artfcle 5 unless otherwise noted in the requested Relaxatfons. The proposed commercial neighborhood will integrate seamless- ly and is compatfble with the surrounding areas (see Vicinity Map for additfonal details). The site and buildings have been designed around a cohesive vision for the site as described in the Design Guidelines for this project. Landscaping meets the required standards as shown in the included Landscaping Plans. Open space areas are to provide for a variety of actfvity areas throughout the site, while also providing natural connectfons between site uses and to adja- cent uses. Lightfng is described in the included lightfng plans. Signage will be proposed with future Site Plans, but is expected to meet Artfcle 5 standards except as discussed in the Relaxa- 71 March 2022 PRELIMINARY PUD NARRATIVE: Ferguson Farm II Pg. 28 tfons. 8. Conformance with environmental and open space objectfves set forth in artfcles 4—6, in- cluding: a. The enhancement of the natural environment (e.g., through low impact development stormwater features or removal of inappropriate fill material); b. Watercourse and wetland protectfons and associated wildlife habitats; and c. If the development is adjacent to an existfng or approved public park or public open space area, have provisions been made in the plan to avoid interfering with public access to and use of that area; Response: The open space objectfves called for in Artfcles 4-6 have been met by this project. Please see the Landscape and Civil Plans for additfonal details. Stormwater features have been designed to incorporate into the overall site design. No watercourse or wetlands are shown on this site. The areas adjacent to the existfng Maynard Border Ditch will be enhanced with new landscaping appropriate for this area. The public open space areas adjacent to this site along South Ferguson Avenue and Huffine Lane have been enhanced and their public access remains as previously constructed. 9. Conformance with the natural resource protectfon provisions of artfcle 4 and artfcle 6. Response: The project will ensure all required natural resources are projected as required by this project. No watercourse areas exist on this site. Water quality for the Maynard Border Ditch has also been protected as described in the Stormwater Design Report. Montana Fish, Wildlife, and Parks have been contacted regarding this project and this agency did not have any comment regarding the proposed project (See Impact Letters). 10. Other related matters, including relevant comment from affected partfes. Response: The project has considered comments from Montana’s SHPO and FWP, as well comments provided by the Maynard Border Ditch Associatfon and utflity providers. The design of the site has been influenced by the feedback provided by these affected partfes. Please see the included impact letters (Appendix J) for additfonal informatfon. 11. If the development includes multfple lots that are interdependent for circulatfon or other means of addressing requirements of this chapter, whether the lots are either: a. Configured so that the sale of individual lots will not alter the approved configuratfon or use of the property or cause the development to become nonconforming; or b. The subject of reciprocal and perpetual easements or other agreements to which the city is a party so that the sale of individual lots will not cause one or more elements of the develop- ment to become nonconforming. 72 March 2022 PRELIMINARY PUD NARRATIVE: Ferguson Farm II Pg. 29 Response: The applicant has included draft easement language on the Preliminary Plat. Addi- tfonal documents can be provided as necessary. 12. Phasing of items listed in sectfon 38.230.020.B, including but not limited to buildings and infrastructure. Response: The project is intended to be constructed over several years, however phasing of the PUD is not proposed at this tfme. Constructfon of the infrastructure within the rights-of- way and alleys, and open space areas will be constructed following approval of the Preliminary PUD and Preliminary Plat. All other components of the subdivision will be built as future site plans are submitted. Financial suretfes or other means of financial guarantees are to be pro- vided as necessary to ensure that all future development within the project area is developed according to City of Bozeman expectatfons. Please see the Plat and proposed initfal improve- ments plan for additfonal details. Section IV: Response to City Comments A response to all of the unresolved comment is included in the Pdoxs software for this sub- mittal. Section V: Statement of Planning Objectives (a) Statement of applicable city land use policies and objectives achieved by the proposed plan and how it furthers the implementation of the city growth policy; City land use policies and goals are stfpulated in the Bozeman Community Plan and the Com- mission’s Strategic Plan. This project aligns with both documents as described below. Community Plan Alignment Theme 2 - A City of Unique Neighborhoods • Goal N-1: Support well-planned, walkable neighborhoods • N-1.5 Encourage neighborhood focal point development with functions, activities, and facil- ities that can be sustained over time. Maintain standards for placement of community focal points and services within new development. • N-1.7 Review and where appropriate, revise block and lot design standards, including ori- entation for solar power generation throughout city neighborhoods. • N-1.8 Install, replace, and maintain missing or damaged sidewalks, trails, and shared use paths • N-1.9 Ensure 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. • N-2.3 Investigate and encourage development of commerce concurrent with, or soon afler, 73 March 2022 PRELIMINARY PUD NARRATIVE: Ferguson Farm II Pg. 30 residential development. Actions, staff, and budgetary resources relating to neighborhood commercial development should be given a high priority • Goal N-4: Continue to encourage Bozeman’s sense of place. • N-4.2 Incorporate features, in both public and private projects, to provide organization, structure, and landmarks as Bozeman grows. • N-4.4 Ensure an adequate supply of oftfeash facilities to meet the demand of Bozeman dog owners. Ferguson Farm II is envisioned as a well-planned and walkable commercial neighborhood. From the skybridge and the Maynard Border Ditch to the food court pod to the off leash dog area, the site has been designed to have numerous neighborhood focal points and actfvity are- as. Multfmodal connectfons are shown within and through the site. Lots have been designed to be oriented to the prevailing solar path. The project will contribute to the sense of the place in this area of the community. Theme 3 - A City Bolstered by Downtown and Complimentary Districts • Goal DCD-1: Support urban development within the City. • DCD-1.2 Remove regulatory barriers to infill. • DCD-1.5 Identify underutilized sites, vacant, and undeveloped sites for possible develop- ment or redevelopment, including evaluating possible development incentives. • DCD-1.12 Prioritize the acquisition and/or preservation of open space that supports com- munity values, addresses gaps in functionality and needs, and does not impede develop- ment of the community • Goal DCD-2: Encourage growth throughout the City, while enhancing the pattern of com- munity development oriented on centers of employment and activity. Support an increase in development intensity within developed areas. • DCD-2.4 Evaluate revisions to maximum building height limits in all zoning districts to ac- count for contemporary building methods and building code changes • DCD-2.5 Identify and zone appropriate locations for neighborhood-scale commercial devel- opment. • Goal DCD-3: Ensure multimodal connectivity within the City. • DCD-3.1 Expand multimodal accessibility between districts and throughout the City as a means of promoting personal and environmental health, as well as reducing automobile dependency. • DCD-3.2 Identify missing links in the multimodal system, prioritize those most beneficial to complete, and pursue funding for completion of those links. • DCD-3.3 Identify major existing and future destinations for biking and walking to aid in pri- oritization of route planning and completion. • DCD-3.4 Support implementation of the Bozeman Transportation Master Plan strategies. • DCD-3.5 Encourage increased development intensity in commercial centers and near major employers. • DCD-3.6 Evaluate parking requirements and methods of providing parking as part of the 74 March 2022 PRELIMINARY PUD NARRATIVE: Ferguson Farm II Pg. 31 overall transportation system for and between districts. The project is an infill project located within the current City limits. The PUD and the associat- ed relaxatfons address the regulatory challenges that are likely as a result of this project, such as required parking and allowable building height. The project includes significant open space to compliment the project’s commercial design. The site is envisioned as a center for employ- ment and actfvity, and a variety of transit optfons are proposed to connect this site to the ex- istfng transit system including bus and trail connectfons. Parking requirements for the project are proposed in a similar fashion to that allowed in the Midtown Urban Renewal District (see Relaxatfons for additfonal details). Theme 4 - A City Influenced by our Natural Environment, Parks, and Open Lands • Goal EPO-2: Work to ensure that development is responsive to natural features. • EPO-2.1 Where appropriate, activate connections to waterways by creating locations, adja- cent trails, and amenities encouraging people to access them. The Ferguson Farm II project has been designed to protect the integrity of the Maynard Border ditch that flows through the western side of the site. Trails have been proposed adjacent to the ditch, as shown on the proposed Landscaping plans. Theme 5 - A City That Prioritizes Accessibility and Mobility Choices • Goal M-1: Ensure multimodal accessibility. • M-1.4 Develop safe, connected, and complementary transportation networks for pedestri- ans, bicyclists, and users of other personal mobility devices ( e-bikes, electric scooters, pow- ered wheelchairs, etc.). • M-1.5 Identify locations for key mobility hubs (e.g. rideshare drop off/ pick up areas, bike/ scooter share, transit service, bike, and pedestrian connections). • M-1.9 Prioritize and construct key bicycle infrastructure, to include wayfinding signage, connections, and enhancements with emphasis on completing network connectivity. • M-1.11 Prioritize and construct key sidewalk connections and enhancements. • M-1.12 Eliminate parking minimum requirements in commercial districts and affordable housing areas and reduce parking minimums elsewhere, acknowledging that demand for parking will still result in new supply being built. • Goal M-2: Ensure multimodal safety. • M-2.5 Develop safe crossings along priority and high utilization pedestrian and biking corri- dors. The project provides multfmodal access to and through the site. The site is adjacent to the ex- istfng Streamline Purple line, and future route modificatfons are likely to include direct service within this project site. Key pedestrian and multfmodal connectfons are proposed, with cov- ered bike parking shown adjacent to key site amenitfes. Wayfinding signage is also shown for this site to assist with navigatfon and safe site connectfons across the large site area. 75 March 2022 PRELIMINARY PUD NARRATIVE: Ferguson Farm II Pg. 32 Parking is proposed in a similar manner as within the Midtown Urban Renewal District. Please see the Relaxatfons for additfonal details on this proposal. Theme 6 - A City Powered By Its Creative, Innovative, and Entrepreneurial Economy • Goal EE-1: Promote the continued development of Bozeman as an innovative and thriving economic center. • EE-1.1 Support the goals and objectives outlined in the Bozeman Economic Development Strategy. • Goal EE-2: Survey and revise land use planning and regulations to promote and support economic diversification efforts. The project will create approximately 850,000 square feet of commercial space, contributfng to Bozeman’s contfnued goal of being an economic center. The relaxatfons to the land use reg- ulatfons are essentfal to meetfng this goal. Strategic Plan Alignment • 2. Innovative Economy • 2.1 Business Growth - Support retention and growth of both the traded and local business sectors while welcoming and encouraging new and existing businesses, in coordination with the Economic Development Plan. • 4. A Well-Planned City - We consistently improve our community's quality of life as it grows and changes, honoring our sense of place and the "Bozeman feel" as we plan for a livable, affordable, more connected city. • 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. • 4.4 Vibrant Downtown, Districts & Centers - Promote a healthy, vibrant Downtown, Mid- town, and other commercial districts and neighborhood centers – including higher densities and intensification of use in these key areas. • 6. Sustainable Environment - We cultivate a strong environmental ethic; protect our clean air, water, open spaces and climate; and promote environmentally sustainable businesses and lifestyles. • 6.5 Parks, Trails & Open Space - Support the maintenance and expansion of an intercon- nected system of parks, trails and open spaces. As has been described within the applicatfon documents and plans, the proposed Ferguson Farm II project supports multfple components of the City’s Strategic Plan as described above. (b) Statement of: 76 March 2022 PRELIMINARY PUD NARRATIVE: Ferguson Farm II Pg. 33 (i) Proposed ownership of open space areas; and (ii) Applicant's intentions with regard to future ownership of all or portions of the planned unit development; All open spaces and all common portfons of the PUD will be owned and maintained by the Ownership Organizatfon. Please see the draft governing documents for additfonal details. (c) Estimate of number of employees for business, commercial and industrial uses; Approximately 1,713 employees possible at this site, likely employed working on multfple shifts. The precise number of employees will be determined with subsequent Site Plan sub- mittals. (d) Description of rationale behind the assumptions and choices made by the applicant; The applicant team approached the design of this project with several ratfonales in mind to create a cohesive vision for the future development of this site. Privacy of the future users of this site was one such consideratfon, ensuring site users were able to feel comfortable in their utflizatfon of the site buildings and open spaces. Moreover, the project team looked to ensure that the project was developed in alignment with the City’s governing documents, including the Community Plan and Strategic Plan. The applicant team also further worked to ensure that the site was compatfble with adjacent development and created in a context sensitfve man- ner. The narratfve and Design Guidelines contain further detail on the ratfonale behind the de- sign proposed for the Ferguson Farm II project. (e) Where deviations from the requirements of this chapter are proposed, the applicant must submit evidence of successful completion of the applicable community design objec- tives and criteria of section 38.430.090. The applicant must submit written explanation for each of the applicable objectives or criteria as to how the plan does or does not address the objective or criterion. The community development director may require, or the applicant may choose to submit, evidence that is beyond what is required in that section. Any element of the proposal that varies from the criterion must be described; Understood. The Relaxatfons proposed include sufficient justfficatfon for each request. (f) Detailed description of how conflicts between land uses of different character are being avoided or mitigated; and Potentfal conflicts have been analyzed for this project and no unmitfgable conflicts have been identffied. The site has been designed to resolve possible character differences between this proposed project and the existfng development adjacent to this site. The buildings proposed for this site are largely to be placed internal to the site to protect the character the areas adja- 77 March 2022 PRELIMINARY PUD NARRATIVE: Ferguson Farm II Pg. 34 cent to the site. Moreover, this commercial neighborhood is proposed adjacent to existfng commercial areas and Huffine Lane, an arterial roadway. The area to the west of the site is the currently constructed Ferguson Farm I commercial neighborhood, and the land uses within that project are similar to those proposed within Ferguson Farm I. For the land uses to the north and east of the site, the buildings proposed on the Ferguson Farm II site will setback from the site edge with landscaping and open space areas will provide further buffers from onsite buildings and parking. For development that lies south across Huffine Lane, over 200 feet of roadways and transit pathways (open space) will separate the Ferguson Farm II site from the existfng County development. See also Appendix J for additfonal details on the analy- sis of potentfal conflicts with adjacent land has been mitfgated for this project. (g) Statement of design methods to reduce energy consumption, (e.g., home/business utili- ties, transportation fuel, waste recycling); The Design Guidelines (Appendix E) encourage the use of solar energy and low-impact design to reduce onsite energy and resource consumptfon. Additfonal informatfon on the design methods proposed to reduce energy consumptfon for this project can be found in the attached Guidelines. In additfon to the Design Guidelines, the project promotes a variety of multfmodal connectfons to and through this site that will further reduce fuel and energy con- sumptfon. Section VI: Supplemental Plan Requirements The following sectfon includes responses to UDC Sectfon 38.220.120.2.c. (1) Viewsheds. (a) Looking onto and across the site from areas around the site, describe and map the views and vistas from adjacent properties that may be blocked or impaired by development of the site; (b) Describe and map areas of high visibility on the site as seen from adjacent off-site loca- tions; No adverse impacts to viewsheds are antfcipated as a result of the constructfon of this project. Development to the north of the site is of a similar commercial in nature as that proposed here at this site. See response above to Statement of Planning Objectfves (f) and Appendix J for additfonal details on this analysis. (2) Street cross sections if different from city standards. Street cross section schematics must be submitted for each general category of street, including: (a) The proposed width; (b) Treatment of curbs and gutters, or other stormwater control system if other than curb 78 March 2022 PRELIMINARY PUD NARRATIVE: Ferguson Farm II Pg. 35 and gutter is proposed; (c) Sidewalk systems; and (d) Bikeway systems, where alternatives to the design criteria and standards of the city are proposed; Street cross-sectfons have been included in the Civil plan set. Please see that package for addi- tfonal details on the schematfcs for all proposed streets and bikeways for this project site. (3) Physiographic data, including the following: (a) A description of the hydrologic conditions of the site with analysis of water table fluctua- tion and a statement of site suitability for intended construction and proposed landscaping. The description of the hydrologic conditions must include depth to groundwater measure- ments taken May 15 through September 15; (i) An alternative to the actual measurement of water table depth may be offered provided that such alternative includes a detailed soil profile, including a detailed description of the soil which follows The National Cooperative Soil Survey Field Book for describing soils and which provides good and sufficient evidence to establish the presence and depth of a sea- sonal water table, a land form position or location, or other physiographic data which are sufficient to establish the minimum depth to groundwater. Some soils are not easily profiled to establish an off-season high water table, such as those underlain by sand or gravel, those high in organic matter and those with a high lime content. Physical monitoring of these types of soils may be necessary; (b) Locate and identify the ownership of existing wells or well sites within 400 feet of the site; A Geotechnical report has been included as a component of this submittal that provides de- tails relevant to this criteria. (4) Preliminary subdivision plat. If the project involves or requires platting, a preliminary subdivision plat, subject to the requirements of this chapter relative to subdivisions, must be submitted; This applicatfon material is include in the Preliminary Plat submittal materials, which has been submitted concurrently with the PUD applicatfon. Please refer to this packet for informatfon on the proposed subdivision. (5) Traffic impact analysis. Notwithstanding the waiver provisions of section 38.220.080.A.2.i, the city may require that a traffic impact analysis be prepared based upon the proposed development. The analysis must include provisions of the approved develop- ment guidelines, and must address impacts upon surrounding land uses. The city may re- quire the traffic impact analysis to include the information in section 38.220.060.A.12. If a traffic impact analysis has been submitted as part of a concurrent subdivision review, that 79 March 2022 PRELIMINARY PUD NARRATIVE: Ferguson Farm II Pg. 36 analysis must meet this requirement; The TIS has been included as Appendix C. (6) Additional studies and plans. If the development's compliance with the community de- sign objectives and criteria is under question, the review authority may require additional impact studies or other plans as deemed necessary for providing thorough consideration of the proposed planned unit development; As has been demonstrated in this applicatfon and the Preliminary Plat submittal, the develop- ment is proposed to be in substantfal compliance with the community design objectfves and criteria unless otherwise described in the proposed relaxatfons. (7) A proposed draft of a legal instrument containing the creation of a property owner's as- sociation sufficient to meet the requirements of section 38.220.310 must be submitted with the preliminary plan application. The Declaratfon, Bylaws, and Artfcles of Incorporatfon have been included as Appendix E. Section VII: PUD Performance Point Calculations A memo that includes details on the Performance Points has been included as a separate doc- ument. Section VIII: Relaxations & Justifications A memo that includes details on the proposed Relaxatfons & Justfficatfons has been included as a separate document. 80 July 2022 PRELIMINARY PUD: Ferguson Farm II Relaxations & Justifications - Pg. 1 List of Relaxations & Justifications The following relaxations are requested for the Ferguson Farm II (PUD), as shown in Appendix B - Relaxation Exhibit or other document identified below. Relaxations & Justification Description Relaxations of regulatory requirements are allowed for Planned Unit Developments as described in UDC Sec. 38.430.030.A.4. The review authority must find that any requested deviation will contribute to a superior character of development than that required by the existing standards. Moreover, PUD’s are expected to be consistent with the Growth Policy and relevant design objectives. Consistency of this development with the City’s adopted Growth Policy and with the required PUD design objectives in the PUD Narrative. This section and the overall narrative illustrate how this project will exemplify a character superior to the UDC requirements. Justification for the requested deviations included in this application is exhibited through the projects alignment with all facets of the PUD Intent (UDC Sec.38.430.010), as well as those found in the general Intent and Purpose Section of the Code (Sec. 38.100.040). The following narrative section details the code requirements, proposed relaxations, and additional justifications necessary for each request. The calculations included herein are based on preliminary plan applications and thus are subject to minor changes prior to final plan submittal. An exhibit has been included in this application (Appendix B) to illustrate the location of these proposed relaxations. Moreover, the plans and drawings submitted with this application illustrate the final conditions that the proposed modified standards will produce. The Ferguson Farm II neighborhood, a vacant infill site, exemplifies the PUD intent through its site de- sign. It is intended to be a innovative commercial development with safe streets for all. A place for shopping and employment open to everyone. The onsite open space areas have been planned and pro- grammed to meet the PUD Performance Point requirements as well as the needs of site visitors and owners alike. Water quality protection and interaction with the onsite water feature, the Maynard Bor- der Ditch, have been dually incorporated into the vision for this project. Moreover, the transit patterns envisioned to and through this site is one of where site users utilize bikes and nearby bus transit op- tions to travel to and from this area for work and fun. The Ferguson Farm II neighborhood is compatible with the existing surrounding area, and development of a commercial neighborhood such as the one proposed promotes a logical development pattern that supports the plans and goals of the neighborhood and community alike. This commercial neighborhood is planned as a home to numerous employers that can provide job opportunities to a wide range of Bozeman residents in a number of possible commercial industries. Being an extension to the existing Ferguson Farm I neighborhood, it is reasonable to see these possibilities fulfilled as this neighborhood is constructed. This project will contribute to the extension of the existing water, sewer, and street networks, further supporting community development needs. This project will further ensure public access and for the ability of the City to maintain these proposed extensions of city services. As has been described within 81 July 2022 PRELIMINARY PUD: Ferguson Farm II Relaxations & Justifications - Pg. 2 the PUD Performance Point section of this application, the project will provide a variety of options for onsite recreation and for the utilization of onsite open space. Taken as whole, Ferguson Farm II meets the UDC requirements for the application of a Planned Unit Development. We would like to request that any amendments, elimination or changes to any of the relaxations listed below be done so through a condition of approval in order to keep this application moving through the process to gain adequacy. Requested Relaxations 1. Code Reference Table 38.310.040 - Authorized Uses: UDC REFERENCE DESCRIPTION RELAXATION SUMMARY 1 Table 38.310.040 Authorized Uses Allow as principal permitted uses the fol- lowing uses: (1) convenience use; (2) sales of alcohol for on-premise consumption; (3) outdoor sale of goods in common open space areas; and (4) food courts within common open space areas within the PUD. 2 38.310.050.B Supplemental use provi- sions for the urban mixed-use zoning district Exempt development from requirements that two different user groups of uses must be shown within each site plan. 3 38.310.050.C Supplemental use provi- sions for the urban mixed-use zoning district Allow for calculation of use group percent- ages over total site area. 4 Table 38.320.050 Form & Intensity Stand- ards Increases the allowable for maximum building height for buildings within the PUD to six stories and 90’. 5 38.400.090.B.2 Lot Access Allow for placement of the following lots to be developed exclusively for parking garag- es that do not have legal and physical ac- cess to a public street, approved private street or alley: Lots 1B and 1C, Block 3; Lot 4, Block 6; Lots 1B and 1C, Block 7; and Lot 1B of Block 8. 6 38.540.020.D Back-in angle parking The applicant seeks to allow back-in angle parking along all internal streets and alleys. 7 38.510.020.F Multiple frontage situa- tions Provide an entrance to only one street fa- çade for all onsite buildings. 82 July 2022 PRELIMINARY PUD: Ferguson Farm II Relaxations & Justifications - Pg. 3 UDC REFERENCE DESCRIPTION RELAXATION SUMMARY 8 38.510.020.F Multiple frontage situa- tions Allow surface parking areas adjacent to a street corner. 9 Table 38.510.030.B Storefront Block Front- age Standards Invoke the Community design Framework Mater Plan to reclassify the external store- front streets to the block frontage standard “Other” 10 Table 38.510.030.C Landscaped Block Front- age Standards Allow surface parking up to 100% of the street frontage 11 Table 38.510.030.C Landscaped Block Front- age Standards Allow buildings to be placed to the edge of the property lines. 12 Table 38.510.030.C Landscaped Block Front- age Standards: Allow for a reduction in the minimum 10’ landscape buffer between the street and off-street parking areas for block 3. 13 Table 38.510.030.C Landscaped Block Front- age Standards The area between the street and building must be landscaped, have a private porch or patio space, and/or pedestrian oriented space. 14 Table 38.510.030.E Gateway Frontage Allow buildings to be built to the property lines. 15 Table 38.510.030.I Block Frontages - Trail/ Park Frontages Be allowed to place buildings to the edge of the trail, easements and property lines. 16 38.520.040.D.3 Pathway Design Eliminate pathway separation standard. 17 38.520.040.D.4 Pathway Design Provide sidewalks of less than 12-feet in width. 18 38.520.070.C.3 Location & Design of Ser- vice Areas Exempt trash enclosures on Lot 4, Block 4; from the minimum 5-feet landscape screening on all sides. 19 Table 38.540.050-3 Required Parking Modification to the required parking stand- ards. 20 38.540.050.A.4. b. Required Parking Exemption from location of bicycle parking within 100 feet of each served building. 83 July 2022 PRELIMINARY PUD: Ferguson Farm II Relaxations & Justifications - Pg. 4 UDC REFERENCE DESCRIPTION RELAXATION SUMMARY 21 38.540.080 Off-street loading berth requirements Eliminate the need for a loading berths for specific lots within the project area. 22 Table 38.560.060 Non-Residential Sign Standards Allow signs on all visible sides of the build- ing, not just street frontages, allowing wall signs on walls adjacent to streets, interior pedestrian walkways, alleys, parking lots and open space lots. 23 38.400.050 Street and road right-of- way width and construc- tion standards. The applicant is requesting to vary from the standard ROW widths. 24 38.400.050 Alternate street section design. The applicant is requesting to vary from the standard Street Section design. 25 38.400.110.D Transportation path- ways. Eight-foot shared use path proposed along Fallon Street and Resort Drive. 26 38.410.070 Municipal water, sanitary sewer and storm sewer systems. Proposing alternate water, sewer, and storm locations. 84 July 2022 PRELIMINARY PUD: Ferguson Farm II Relaxations & Justifications - Pg. 5 Allow as principal permitted uses the following uses: (1) convenience use; (2) sales of alcohol for on- premise consumption; (3) outdoor sale of goods in common open space areas; and (4) food courts within common open space areas within the PUD. Justification: UDC Table 38.310.040.A requires a Conditional Use Permit for convenience uses, and a Special Use Permit for sales of alcohol for on-premises consumption uses within the Urban Mixed-Use District (UMU). The applicant is requesting these uses be designated as Principal uses within the PUD boundaries. The overall intention of this project is to create a mixed-use district that draws and retains customers for multiple purposes. The Community Plan indicates a way to bolster districts around town to encour- age more mixed use developments. We believe that adding these uses by right will help further this goal of creating. Furthermore this project is within the Community Commercial Mixed Use Future Land Use Category, which stresses that, “Mixed use area should be developed in an integrated, pedestrian friendly manner and should not be overly dominated by any single use.” These additional uses are fun- damental to the creation of this district. When you look at similar thriving districts (Cannery District, Downtown, North East Neighborhood, and Ferguson Farm) the majority of them all share similar uses. Furthermore, in terms of compatibility of adjacent uses, none of the proposed additional uses will neg- atively impact another use. We believe that the inclusion of these uses will in fact help in the creation of a vibrant district. 2. Code Reference 38.310.050.B - Supplemental use provisions for the urban mixed-use zoning dis- trict: Exempt development from requirements that two different user groups of uses must be shown with- in each site plan. Justification: The applicant requests that the entire development be exempt from requirements that two different user groups of uses must be shown within each site plan. We believe the intention of this standard is require a mix of uses across a site. This site is unique in that it is much larger than your typi- cal lot going through the site plan process. The intention for this project to have a wide range of com- patible uses across the entire site. Furthermore, it is envisioned that lots will be sold and each individu- al owner will be required to go through the site planning process for their project. In doing this each owner would be required to demonstrate that there is a mix of uses within each building. We believe the intention for this standard will be met across the whole site over the life of the project. Adding this flexibility to each lot allows for the possibility of a single anchor tenant to come to the site. We believe that as a whole this project will have a variety of uses similar to Ferguson Farm II and it will be vital to the success of the district . That said the added flexibility allows for the creation of this district to hap- pen organically. 3. Code Reference 38.310.050.C - Supplemental use provisions for the urban mixed-use zoning dis- trict: Allow for calculation of use group percentages over total site area. 85 July 2022 PRELIMINARY PUD: Ferguson Farm II Relaxations & Justifications - Pg. 6 Justification: Similarly, to the relaxation above the applicant is requesting a relaxation to allow the cal- culation of use groups percentage be over the total project area and not on an individual site by site basis. Allowing this to happen will allow flexibility in how each lot is developed. By our square footage estimates no single use would be any where close to the 70% threshold but by relaxing this require- ment till will allow for flexibility in how each site is developed, which ultimately will allow for this mixed use environment to occur naturally. 4. Code Reference Table 38.320.050 - Form & Intensity Standards: Increases the allowable for maximum building height for buildings within the PUD to six stories and 90’. Justification: Maximum allowable building height within the Urban Mixed-Use District is 60’ for build- ings that do not provide structured parking, or 85’ for those when structured parking is present and provided per UDC Section 38.330.040.E.2 (please note, this reference standard does not appear related to this note for height expectations within UMU zones). The applicant is requesting that the maximum allowed building height for this project be 90’ feet regardless of the presence of structured parking. This increase in allowable height offers opportunities for creative site design, a broader mix of uses and increased density. Additionally, the added height and density will ensure that the more commercial uses in nature will further the design objective of creating a district. By increasing the height and densi- ty it will allow for the creation of a more walkable district that can support the residents of this project but also the residents of adjacent neighborhoods. Goal DCD—2.4 of the Community Plan states, “Evaluate revisions to maximum building heights limits in all zoning districts to account for contempo- rary building methods and building code changes.” in several locations the Community Plan indicates both directly and indirectly that added height (with good transitions) is better for creating walkable, more sustainable districts. 5. Code Reference 38.400.090.B.2 - Lot Access: Allow for placement of the following lots to be developed exclusively for parking garages that do not have legal and physical access to a public street, approved private street or alley: Lots 1B and 1C, Block 3; Lot 4, Block 6; Lots 1B and 1C, Block 7; and Lot 1B of Block 8. Justification: The applicant is proposing to construct a bank of garages in Blocks 3, 6, 7, and 8. These garages will be available (to be purchased) for property owners or building tenants within the develop- ment, and each garage is envisioned to be able to provide the possibility to utilize mechanical automo- bile lifts to allow for additional garage parking. As shown on the Preliminary Plat and Preliminary PUD Plan, Block 3, Lots 1B & 1C; Block 6, Lot 4; Block 7 Lots 1B & 1C; and Block 8, Lot 1B do not meet the access requirements of the UDC. A relaxation to this standard is requested to allow for these lots to be plated without meeting the legal and physical access standards. There is a public access easement across the parking lots allowing the potential owners of those lots to have both legal and physical ac- cess to the garages. These lots will be deed restricted as required by the City of Bozeman. These lots will only be used for the creation of garages, and therefore traditional access standards are not necessary for these structures. Once these lots and the adjacent lots are developed, these garages 86 July 2022 PRELIMINARY PUD: Ferguson Farm II Relaxations & Justifications - Pg. 7 will be served by access drives within developed parking lots, which will ensure drive access is provided in some manner to these buildings. The creation of these lots and ultimately the construction of these garages will help break up these parking lots and create a more urban environment. The garages themselves will also act as a traffic calming measure in the parking lots due to the height and narrowing effect. The addition of these gar- ages will also promote pedestrian safety because it will force pedestrians to walk to a designated path- way instead of cutting through the parking lot spaces. A similar idea was implemented in the parking lot of the Jacobs Crossing building on Main Street. 6. Code Reference 38.540.020.D - Back-in angle parking: The applicant seeks to allow back-in angle parking along all internal streets and alleys. Justification: The applicant is requesting to utilize back in angled parking for Valley Commons Drive, Brookfield Avenue and along the Alleys. The Traffic Impact Study indicates this type of angled parking will provide additional traffic calming and it further identifies successful examples of back-in angled parking in the right of way. Furthermore, the applicant has agreed to sign a maintenance agreement and put a note on the plat identifying that the HOA is required to maintain the back in angled parking areas. Finally, all transition curb radii are 25’. 7. 38.510.020.F.4- Multiple frontage situations: Applicant seeks to allow Buildings at the corner of multiple Streets must only be places adjacent to one street and have a front and primary façade facing one street frontage. Justification: The applicant is requesting that buildings not be required to meet the requirements of subsection 4 which requires buildings to be places at the corner of an intersection and present a front and primary façade to both street frontages. There are a few locations where we proposed public open space at the street corners. The design intent with these public open spaces was to create a small gath- ering space for people to stop sit at. The way the street intersects in these locations create really awk- ward triangle pieces of land. Rather than expand the overall building footprint we thought this would be a great spot for some placemaking. These inviting landscaped areas will enhance the overall feel of the intersection and will offer some green space in this dense urban environment. We believe that these small placemaking efforts will help in the creation of a unique vibrant district. We believe that this area would function similarly to Sir Optimist Park but on a different scale. 8. Code Reference 38.510.020.F.7 - Multiple frontage situations: Allow surface parking areas adjacent to a street corner. Justification: The applicant is requesting an exemption to subsection 7, which would allow for the placement of surface parking adjacent to a street corner. Subsection 7 allows for parking lots to be ad- jacent to the street corner if there is a combination of block frontages and if the applicant can demon- strate that they are adequately satisfying the departure criteria. We believe that there will be adequate landscaping surrounding the parking lots reducing the visual impact of the parking lot. The exterior parking lots are planned to be screen via a variety of trees and shrubs. We believe that the visual im- 87 July 2022 PRELIMINARY PUD: Ferguson Farm II Relaxations & Justifications - Pg. 8 pact of the parking lot will be fairly minimal give the significant landscaping proposed. 9. Code Reference Table 38.510.030.B - Storefront Block Frontage Standards: The applicant is requesting to reclassify the external Storefront streets to the block frontage stand- ard “Other” using the Community Design Framework Master Plan UDC 38.510.030.L. Justification: The Applicant is requesting a relaxation to invoke the Community Design Framework Master Plan to reclassify the external streets (Resort Drive, Fallon Street and Ferguson Avenue) block frontage from Storefront to Other. These streets were originally designed prior to the formulation of any design intent for this project. Since that time our design intent has changed to draw people into the center of the district and to create a walkable district within our site. The current Storefront Block Frontage standards require the opposite of our design philosophy in that they want buildings fronting the external streets and parking lots interior to the site. When looking at the site as a whole it become very difficult to create a walkable district along the pe- rimeter streets due to the sheer length of frontage. When you focus development on this site inward it allows for buildings to be closer together and thus creating a more walkable mixed use area. As a result of this the parking lot are required to be located on the outside of the site which isn't currently allowed on the storefront block frontage. We believe that reclassifying these block frontages as “Other” will allow for a more walkable, human scaled design. Reclassifying the Block Frontage to “Other” allows for the parking lots to be adjacent to the street when they are adequately screened. This reclassification would allow us to realize our design vision of creating a mixed-use district. The parking lots that border the external streets would be designed to incorporate adequate screening as required in the “Other” block frontage standards. Finally, this proposed change meets the criteria for change outlined in 38.510.030.L. The site has been configured with the pedestrians in mind. The main principal is to pull people into the center of the site toward Valley Center Drive. Valley Center will act as the Main street for this project. Another reason why we choose this center main street approach is the large nurture of the site. With the Storefront Block frontage on the exterior of the site it makes a really unwalkable environment because of the long distances one would have to travel to get from business to business. Additionally these road are major throughfares through town and don’t offer a pleasant pedestrian experience. Additionally, the design regulations and the community plan look to show that our project will be more successful and a better community asset if these block frontages are reclassified. The design regulations require a specific level of detail and finish to make this buildings nice on all sides. The regulations also require that that the buildings meet the setbacks and block frontage standards for each lot. 10. Code Reference Table 38.510.030.C - Landscaped Block Frontage Standards: Allow surface parking up to 100% of the street frontage. Justification: The applicant is requesting a relaxation to waiver the requirements for the location of parking to allow for parking lots to front 100% adjacent to the street. We believe that with the pro- 88 July 2022 PRELIMINARY PUD: Ferguson Farm II Relaxations & Justifications - Pg. 9 posed landscaping around each of the parking lots the visual impact of them will be greatly reduced. We believe the intent of limiting the parking to a percentage of the frontage is to control the visual im- pact of the parking. We believe that the added landscaping will effectively mitigate that concern. 11. Code Reference Table 38.510.030.C - Landscaped Block Frontage Standards: Allow buildings to be placed to the edge of the property lines. Justification: The applicant is requesting to be exempt from the Landscaping block frontage building placement standards. The lot lines have been strategically drawn to show a possible building footprint to give a perspective buyer a better understanding of what can be built on this lot. All lots have been drawn to incorporate a 10’ landscaping buffer from the front of the building to the back of the side- walk. Additionally, this shifts the maintenance responsibility from the Property Owner to the HOA. This will ensure that all landscaping will be maintained and have a cohesive feel. All lots will still have a landscape buffer between the back of the sidewalk and the front of the building. 12. Code Reference Table 38.510.030.C - Landscaped Block Frontage Standards: Allow for a reduction in the minimum 10’ landscape buffer between the street and off-street parking areas for block 3 (Hotel & Parking lot). Justification: the applicant is requesting a 4’ reduction in the required 10’ landscape buffer to screen parking lots. This location is bound on both sides by road ways that line with other access points or are fixed by access distance standards. This finite space makes it challenging to balance the need to screen the parking and also provide parking. We believe that this 4’ reduction will allow both goals to be achieved. We can still adequately screen the parking lot in the 6’ landscaping strip and also not lose any parking. Additionally, in several locations where we need this reduction, the addition of personal garages in the middle will also help break up the visual scale of he parking lot. These garages will, visu- ally, cut the parking lot in half and will create a denser environment. We believe that this area will feel dense with the provided landscaping and the garages and will force driver to slow down. This result will create a safer pedestrian and driver experience. If this relaxation cannot be supported we would request that this be added as a condition of approval as it will require signification redesign work that will causes us to miss the tight adequacy window. 13. Code Reference Table 38.510.030.C - Landscaped Block Frontage Standards: The area between the street and building must be landscaped, have a private porch or patio space, and/or pedestrian oriented space. Justification: The applicant is requesting a relaxation to exempt block 7 from requiring landscaping between the Valley Commons Drive and the building on the east and west side. Block 7 is envisioned as a one of the commercial hubs within the district. The intention for this area is to have a dense urban feel. The applicant is committed to providing trees and benches in the 10’ sidewalk to help with visual interest at the pedestrian and motorist scale. We imagine these two sections (along Ravalli and 89 July 2022 PRELIMINARY PUD: Ferguson Farm II Relaxations & Justifications - Pg. 10 Brookfield) will have a similar feel to say the downtown Co-Op building along South Black Avenue. The street will be activated with the street trees, benches and bike racks and the buildings will likely have great architectural detailing and glazing. We believe that these street trees and streetscape improve- ments will further the identity of our project, truly making this a district. All other landscape block frontages will have a 10’ landscaped buffer between the lot line and the back of the sidewalk. This is built into the plan because of the way the lot lines are drawn. The intention for drawing the lot lines that way allows for all the maintenance and upkeep to be controlled by the HOA. This will allow for the district to have a very cohesive feel. While the HOA will maintain these landscap- ing buffers, the landscaping will be installed when each individual lot owners goes through the site planning process. 14. Code Reference Table 38.510.030.E - Gateway Frontage: Allow buildings to be built to the property lines. Justification: The applicant is requesting to be exempt from the gateway block frontage building place- ment standards. The lot lines have been strategically drawn to show a possible building footprint to give a perspective buyer a better understanding of what can be built on this lot. Exempting these build- ings from the building placement standards shifts all of the landscaping and open space maintenance onto the HOA, which intern ensures that it is kept in a nice condition. The Gateway standards require a minimum building setback of 25’. All of our proposed buildings are currently separated from Huffine Lane by an open space tract of land that is 47’ wide. This 47’ strip of open space is almost double the required building placement standard. 15. Code Reference Table 38.510.030.I - Block Frontages - Trail/Park Frontages: Be allowed to place buildings to the edge of the trail, easements and property lines. Justification: The applicant is seeking an exemption to the required setback from a trail, easement or property line. The applicant team is seeking to place buildings up to the edge of the trail easement and property line. The lot lines have been strategically drawn to show a possible building footprint to give a perspective buyer a better understanding of what can be built on this lot. Additionally allowing build- ings to be built to the property line will help with the creation of a unique district similarly to what is seen around the country near rivers. A successful example of this occurs, in Reno, Nevada (Reno River Walk) where several businesses front along the Truckee river creating this unique walkable district. In that district pedestrians are able to walk along the river for miles where they are able to interact with nature in certain locations and also frequent businesses. We believe that allowing building to be placed at the edge of the easement will allow for a creative and innovate approach to commercial develop- ment. It will prioritize the pedestrian over the car and will create a much safer and vibrant district. 16. Code Reference 38.520.040.D.3 - Pathway Design: Eliminate pathway separation standard. Justification: The applicant is requesting a relaxation to place building up to the edge of sidewalks thereby eliminating the pathway separation standard of the UDC. We believe that the intent of that 90 July 2022 PRELIMINARY PUD: Ferguson Farm II Relaxations & Justifications - Pg. 11 standard is to enhance the overall character of the walkway. We believe that this overall dense nature of this district will create character for these walkways. In looking around town at the other dense commercial districts this standard does little to create character. The character of the pathways is de- fined by the architecture and the street furniture placed along the road. We believe that the architec- ture and dense nature of the commercial district will create enough character for the pathways. Fur- thermore the 3’ of landscaping will likely be a waste of space when trying to create a dense environ- ment. Additionally, it would be challenging to get enough light for landscaping to survive on pathways along the north side of the buildings. If this relaxation cannot be supported we would request that this be added as a condition of approval as it will require signification redesign work that will causes us to miss the tight adequacy window. 17. Code Reference 38.520.040.D.4 - Pathway Design: Provide sidewalks of less than 12-feet in width. Justification: The applicant is requesting a relaxation to modify the sidewalk width for multi-tenant commercial building larger than 100’ abutting a parking lot. This request is specifically tied to block 7 and 8. The current pathways are drawn at 10’ which matches and the current Ferguson Farm I. The way these lot are drawn, it is possible that a potential buy would purchase all of the lots in this block and building a single large building, which could result in a building being over 100’ long. For these 2 blocks the 10’ pathway is envisioned to be the rear of the building. The main entrance would have a 18’ wide sidewalk. We believe the intent of this standard is to apply to larger strip mail style develop- ments, where several buildings are located on the same site only connected by parking lots and drive isles. In the case of block 7 and 8 each lot would have a primary entrance facing Valley Commons Drive. We believe that 10’ is more than ample width for a secondary entrance abutting a parking lot. Finally, just to reiterate, it is the intention to match the pathway width already constructed at Ferguson Farm I. 18. Code Reference 38.520.070.C.2 - Location & Design of Service Areas: Exempt trash enclosures on Lot 4, Block 4 from the minimum 5-feet landscape screening on all sides. Justification: The sides and rear of service enclosures must be screened with landscaping at least five feet wide in locations visible from the street, parking lots and pathways. The refuse areas on Block 4, Lot 4 does not meet the minimum width of landscape screening on all sides. The proposed refuse col- lection areas have been located where they will be easily accessible for trash pickup; support the sur- rounding uses; and far enough from buildings to not be noticeable. The trash enclosures will be fully enclosed, covered and will include adjacent landscaping where possible. For Block 4, Lot 4 there will be landscaping on 1 of the 3 side. We believe that this trash enclosure will be adequately screened from Huffine lane due to the adjacent buildings as well as the landscaping pro- posed behind the dumpster. This dumpster will also be enclosure in the required enclosure virtually screening the dumpster from all sides. Please see the landscape plans for demonstration of how this dumpster will be adequately screened. 91 July 2022 PRELIMINARY PUD: Ferguson Farm II Relaxations & Justifications - Pg. 12 We believe that the intent of this standard to minimize the visual impact that dumpsters can have on a site design. We believe that this standard is achieved by creating a home for the dumpsters to live in. If this relaxation cannot be supported we would request that this be added as a condition of approval as that dumpster is no pivotal to the design of this project and can be removed prior to final PUD and Plat. 19. Code Reference Table 38.540.050-3 - Required Parking: Modification to the required parking standards. Justification: The applicant is requested a 100% relaxation to the City’s of street parking requirements. The relaxation request would allow the PUD to self-regulate uses based on parking demand and would PUD offers 660 of street parking spaces within the surface parking lots and 175 on street parking spac- es for a total of 835 spaces available. While the precise uses for this project are TBD, the total square footage potential shown in the 3-D exhibit is approximately 894,177 sf. This includes: 135,464 sf - Retail, Restaurant, Commercial, Bar 246,081 sf - Office 368,072 sf - Hotel and Hotel Units 95,200 sf - Medical 27,235 - Structured Parking 22,125 sf - Garage Condo Units Parking required for this project would be approximately 1555 spaces, (after reductions for adjacency to transit routes, adjacency to Storefront Block Frontages, and joint use reductions of 30% as specified in the TIS). Additional details on the parking assumptions are included in the overall project narrative. Total parking provided for this project is 883 total spaces, and includes on street parking and the pro- posed garages (one space per garage). Parking minimums often have dramatic impacts on the way we plan projects and are often not based on any science. We believe that not requiring a parking minimum allow us to provide parking based on what we believe the demand will be. As we know the demand for current and future parking is shifting throughout Bozeman with services like Uber and Lyft, the expansion of Streamline services, and the vast network of active transportation pathways. Exempting Ferguson Farm II from parking requirement will also further several goals and policies of the community plan including: M-1.12- Eliminate parking minimum requirements in commercial districts and affordable housing areas and reduce parking minimums elsewhere, acknowledging that demand for parking will still result in new supply being built. DCD-3.6 - Evaluate parking requirements and methods of providing parking as part of the overall transportation system for and between districts. 92 July 2022 PRELIMINARY PUD: Ferguson Farm II Relaxations & Justifications - Pg. 13 Theme 3 - A City is bolstered by downtown and complementary districts. Our city is bolstered by our downtown, midtown, university and other commercial districts and neighborhood centers that are characterized by higher densities and intensities of use. Ferguson Farm II is located within the Cottonwood district and is in a prime location for infill develop- ment. Infill development can reduce the demand on the transportation network by creating employ- ment opportunities near residential neighborhoods. Encouraging infill development also improves the efficiency of public services and reduces the outward expansion of the city. Specifically, the efficiency of the use of land within our district will increase with the reduction of the amount of on-site parking spaces. Allowing this relaxation will allow for greater flexibility for Ferguson Farm II and it reflects best practices in the provision of parking by allowing property owners to building only the number of park- ing spaces needed to meet parking demand. 20. Code Reference 38.540.050.A.4.b - Required Parking: Exemption from location of bicycle parking within 100 feet of each served building. Justification: The applicant is requesting a relaxation to exempt this project from the bicycle parking location standards. The applicant has strategically placed the bike parking throughout the project but rather than have each building provide its own bike parking we are proposing to have it in centrally located locations. Exempting from this requirement will ensure that the HOA maintains keeps in work- ing order these bike parking areas. We envision the bike parking areas to function similarly to how the downtown blue bike parking works in the summer. These logical locations for bike parking help to en- sure pedestrian safety and limit the number of bikes on busy pedestrian and vehicle travel ways. Fur- thermore, several sidewalks have been strategically drawn to accompany a bike rack, bench and tree. 21. Code Reference 38.540.080 - Off-street loading berth requirements: Eliminate the need for a loading berth for specific lots within the project area. Justification: The applicant is asking to not provide for loading berths for individual buildings. Should loading berths be necessary to serve the development, the applicant will propose such berths during future Site Plans. The alleys are designed to be 26’ wide and have back in angle parking. We believe there is adequate room for a lot or building to take deliveries off the alley and not disrupt the district. In order to ensure that deliveries to the site will not impact site circulation or traffic, the applicant will be willing to include in the CCRs that deliveries would only be allowed overnight or during appropriate off hours. Furthermore, the applicant is willing to restrict parking in those back in angle spots along the allow to not allow overnight parking, allowing larger trucks a spot to pull off the travel lane and con- duct their delivery. 22. Code Reference Table 38.560.060 - Non-Residential Sign Standards: Allow signs on all visible sides of the building, not just street frontages, allowing wall signs on walls 93 July 2022 PRELIMINARY PUD: Ferguson Farm II Relaxations & Justifications - Pg. 14 adjacent to streets, interior pedestrian walkways, alleys, parking lots and open space lots. Justification: The applicant is requesting a relaxation to allow signage to be visible on all sides of build- ings not just the street frontages. One of the main themes in the Community Plan indicates Bozeman is bolstered by its downtown and the supporting districts and signage plays an important role in creating and defining a district. We believe that allowing signage on all sides of buildings will help create this unique vibrant district. Allowing signage on all sides of the buildings can used as enhanced placemaking opportunities. Examples of this can be found in the alleys of downtown Fort Collins, or the River Walk District in Reno. Furthermore, the Bozeman Downtown Plan documented the importance of activating spaces along alleys and one way to achieve this was through signage. We believe this relaxation will allow us to further our vision for this district and truly create a unique district in Bozeman. Due to the unique nature of our project we believe that people will be accessing each building from all sides which makes signage very important. Signage on all sides of the building has potential for better building façade design. With more room to allocate the allowed signage allows for better sign place- ment without creating visual pollution. Additionally, we are not requesting the allowance to allocate more signage per building so there will potentially be less signage on each side of the building reducing any visual concerns. Signage on all sides of the building will play a huge part in creating this unique place. 23. Code Reference 38.400.050 - Street and road right-of-way width and construction standards. The applicant is requesting to vary from the standard ROW widths. Justification: The applicant requests the relaxation from standard Right-of-way widths to accommo- date the reverse crown street drainage and angled-in parking. The variable right-of-way widths are also designed to accommodate the variable sidewalk widths and street trees along storefront (north side of Valley Commons Drive) block frontages. Additionally, the applicant is requesting to utilize a reverse crown cross section for all roadways within this project. A reverse crown cross section has been proven to be a good design with examples of Ferguson Farm I and also in Grand Lake Colorado. The intention is to provide positive drainage away from the sidewalk and parking areas. This creates safer and more walkable conditions especially in the spring months. The proposed ROW widths are depicted on page 3 of the preliminary plat drawing and the street sec- tion details are shown on Civil Details Sheet, C2.0. In summary, the required ROW width is 60 feet for Local Streets. The proposed ROW widths all meet or exceed this requirement with the one exception of Ravelli Street, which has a 51-foot-wide ROW. It should also be noted that the proposed ROW widths have been reviewed and deemed acceptable by the City Engineering Department. 24. Code Reference 38.400.050 - Alternate street section design. The applicant is requesting to vary from the standard Street Section design. Justification: The alternate street sections proposed throughout the subdivision are designed to pro- vide enhance drainage to the center valley gutter and allow water to flow out of the angled back-in parking. The variable sidewalk widths and boulevards are designed to promote the walkability of the 94 July 2022 PRELIMINARY PUD: Ferguson Farm II Relaxations & Justifications - Pg. 15 development while meeting the City of Bozeman’s requirements for parking screening and block frontages. Additionally, the reverse crown drainage of the road is designed to be similar to the com- mercial development west of the property – Ferguson Farm. It is intended to provide a more contigu- ous feel between the development and promote walkability and internal capture rates for traffic within the development. 25. Code Reference 38.400.110 - Transportation pathways. Application is requesting to vary the shared use path width proposed along Fallon Street and Resort Drive to match existing trails across the street. Justification: This relaxation has been requested to provide a more contiguous feel with the adjacent developments. The existing shared use paths along Resort and Fallon are currently paved at an 8-foot width. The intent is to provide the shared use paths without creating awkward and unnecessary transi- tions and promote the overall walkability from surrounding developments. Additionally, this 8’ wide path will match what is existing across the street. Finally, we have request that the block frontage on these street be reclassified to “other” through a PUD Relaxation. In the Block Frontage Other, the re- quired sidewalk width is 6’. On November 29th, the applicant team met with the engineering department to go over their com- ments in that meeting it was agreed that Resort and Fallon could match the 8’ pathway on the other side of the street and the pathway along Ferguson would be widen to 10’ with the ability to make it wider. If required a 12’ pathway is now required by the engineering department we would request that this be a condition of approval. 26. Code Reference 38.410.070 - Municipal water, sanitary sewer and storm sewer systems. Proposing alternate water, sewer, and storm locations. Justification: The alternate locations of the proposed utilities is required to accommodate the alterna- tive storm sewer locations as a result of the reverse crown street section. Although the layout of the water, sewer, and storm mains is somewhat unconventional, all the design standards are still met and 11 feet of separation between mains is maintained. It should also be noted that the proposed utility configuration has been reviewed and deemed acceptable by the City Engineering Department. 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 Relaxation #1 UDC Reference - table 38.310.040 Authorized UsesRelaxation Request - Allow the following uses as Principal Uses (1) convenience use; (2) sales ofalcohol for on-premise consumption; (3) outdoor sale of goods in common open space areas; and (4)food courts within common open space areas within the PUD. Relaxation #2 UDC Reference - 38.310.050.B Supplemental Use Provision for the UMU ZoningDistrictRelaxation Request - Exempt development from requirements that two different user groups of usesmust be shown within each site plan.Relaxation #3 UDC Reference - 38.310.050.C Supplemental Use Provision for the UMU ZoningDistrictRelaxation Request - Allow for calculation of use group percentages over total site area. Relaxation #4 UDC Reference - table 38.320.050 - Form & Intensity StandardsRelaxation Request - Increases the allowable for maximum building height for buildings within thePUD to six stories and 90’.Relaxation #7 UDC Reference - 38.510.020.F-Multiple frontage situations.Relaxation Request -Provide an entrance to only one street façade for all on site buildings. Relaxation #8 UDC Reference - 38.510.020.F - Multiple Frontage Situations Relaxation Request - Allow surface parking areas adjacent to a street corner.Relaxation #16 UDC Reference - 38.520.040.D.3 - Pathway DesignRelaxation Request - Eliminate pathway separation standards.Relaxation #19 UDC Reference - table 38.540.050-3 - Required Parking Relaxation Request - Modification to the required parking standardsRelaxation #21 UDC Reference - 38.540.080 - Off-street loading berth requirements Relaxation Request - Eliminate the need for a loading berths for specific lots within the project area.Relaxation #22 UDC Reference - 38.560.060. - Non Residential Sign Standards Relaxation Request - Allow 250 sq. ft. of signage per lot regardless of length of building frontage and modificationsign placement location requirements.Relaxation #24 UDC Reference - 38.400.050 Alternative Street Section Design Relaxation Request - The applicant is requesting to vary from the standard Street Section design. Relaxation #23 UDC Reference - 38.400.050 street and road ROW width and Construction StandardsRelaxation Request - The applicant is requesting to vary from the standard ROW widths. Relaxation #25 UDC Reference - 38.100.110.D. Transportation Pathways Relaxation Request - To allow an Eight-foot shared use path proposed along Fallon Street and Resort Drive tomatch existing shared use path across the street. Relaxation #26 UDC Reference - 38.410.070. Municipal water, sanitary sewer and storm sewer systems.Relaxation Request - Proposing alternate water, sewer, and storm locations. Relaxation #6 UDC Reference -38.540.020.D - Back-in Angle Parking Relaxation Request - The applicant seeks to allow back-in angle parking along all internal streets and alleys.Relaxation #11 UDC Reference - 38.510.030.C- Landscape Block Frontage Standards Relaxation Request -Allow buildings to be placed to the edge of the property lines. Relaxation #5 UDC Reference - 38.400.090.B.2- Lot AccessRelaxation Request - Allow for placement of lots that are not meeting access standards.Relaxation #9 UDC Reference - 38.510.030.B- Storefront Block Frontage Standards Relaxation Request - Modification to change the block frontage to other for these external streets Relaxation #10 UDC Reference - 38.510.030.C- Landscape Block Frontage Standards Relaxation Request - Allow surface parking up to 100% of the street frontage Relaxation #13 UDC Reference - 38.510.030.C- Landscape Block Frontage Standards Relaxation Request -The area between the street and building must be landscaped, have a private porch orpatio space, and/or pedestrian oriented space. Relaxation #12 UDC Reference - 38.510.030.C- Landscape Block Frontage Standards Relaxation Request -Allow for a reduction in the minimum 10’ landscape buffer between the street and off-streetparking areas for block 3.Relaxation #17 UDC Reference - 38.520.040.D.4 - Pathway Design Relaxation Request - Provide sidewalks of less than 12-feet in width for buildings longer than 100' and abutting aparking lot.Relaxation #14 UDC Reference - 38.510.030.E- Gateway Block Frontage Standards Relaxation Request - Allow buildings to be built to the property lines. Relaxation #15 UDC Reference - 38.510.030.I - Trail/Park Block Frontage Standards Relaxation Request - Allow buildings to be placed to the edge of the trail, easements and property lines. Relaxation #18 UDC Reference - 38.520.070.C.3 - Location & Design of Service AreasRelaxation Request - Modification to required landscaping for trash service areas in specific site locations.Relaxation #20 UDC Reference - 38.540.050.A.4.b - Required ParkingRelaxation Request - Modification to the bike parking location standards.Relaxations shown in Blackare shown for reference.Relaxations in colorcorrespond to a specificlocation on the site.118 119 * All landscaped areas will receive water by means of an automatic underground irrigation system.* No tree will be planted within ten feet of any underground utility line.* All trees not planted within a planting bed will be mulched with shredded cedar in a two foot diameter tree ring. Edging and fabricare not needed for this.* All deciduous trees will be staked with two tree stakes per tree, and all evergreen trees will be staked with three stakes per tree* All trees planted within the R.O.W. will require a street tree planting permit from the City of Bozeman.* All planting beds will require 'Typar' weed barrier fabric, or equivalent. Planting beds will be edged with a high quality black vinyledging, and will be mulched with 134" washed landscape rock.* All parking lot islands without shrubs will be sod, while the parking islands with shrubs will be mulched.*Disturbed native areas along ditch will be seeded with a mix of Great Basin Wild Rye, Streambank Wheatgrass, Big Bluestem Grass,Switchgrass, Sedges, Rushes and wet tolerant perennials.*All trees shall be planted with root flare at grade.*All sodded lawn areas shall be locally grown Kentucky blue grass.*All plant material shall meet or exceed nursery stock size and quality specifications as set forth by American Nursery Standards.*A Utility locate shall be done prior to planting and staking trees.Phase 1: Infrastructure & Common Open SpaceQtyMature SizeSize @PlantingPlant Name (Scientific)SymbolDroughtTolerantQuaking Aspen(Populus tremuloides)Golden Willow(Salix alba 'Vitellina')Japanese Tree Lilac(Syringa reticulata)Littleleaf Linden(Tillia cordata)Thornless Honeylocust(Gleditsia triacanthos v. inermis)Brandon Elm(Ulmus 'Brandon')Norway Maple(Acer platanoides)Colorado Spruce(Picea pungens)8-10'1.5" cal1.5" cal1.5" cal1.5" cal1.5" cal1.5" cal1-1.25" cal60-70'50-60'60-70'40-50'35-40'30-40'30-40'30-35'noyesyesyesyesnonoyesPrince of Wales Juniper(Juniperus horizontalis)Kathryn Dykes Potentilla(Potentilla fruiticosa "Kathryn Dykes")Ruby Carousel Barberry(Berberis thunbergii)Cotoneaster(Cotoneaster lucidus)Blue Oat Grass(Heliototrichon sempervirens)Feather Reedgrass(Calamagrostis)Boulders [typ.]Largest boulders are 3' diameterSmallest boulders are 1.5' diametern/an/a12"18-24"12-15"12-15"2-3'noyesyesyes6" x 6'2-3'2-3'3' x 5'6-8'2-3'12819041363323301601391856523552838Salvia (Salvia x sylvestris 'May Night')yesyesyesCatmint(Nepeta racemosa)6" cont.25512"yesTatarian Maple(Acer Tataricum)1.5" calyes20-25'Toba Hawthorn(Crataegus x mordenensis 'Toba')yes1.5" cal2622#5758-10'Red Twig Dogwood(Cornus sericea)no6" cont.6" cont.6" cont.#51175-6'Alpine Currant(Ribies alpinum)yes15-20'VALLEY COMMONS DRIVEVALLEY COMMONS DRIVEVALLEY COMMONS DRIVEVALLEY COMMONS DRIVEC-Bar 3 Avenue RAVALLI STREET BROOKFIELD AVENUE BROOKFIELD AVENUE RAVALLI STREET WELLOpen Space lot 94,295sf = 3 groupsA: 3 Large trees (3)B: 2 Small trees (1)12 Shrubs (2)Open Space lot 1013,520 sf = 9 GroupsA: 9 Large trees (9)B: 4 Small trees (2)30 Shrubs (6)4 Evergreen trees (2)Open Space lot 114,255sf = 3 GroupsA: 3 Large trees (3)B: 2 Evergreen trees (1)12 Shrubs (2)Open Space lot 131,739sf = 3 Groups A: 3 Large trees (3)B: 2 Small trees (1)12 Shrubs (2)A: 9 Large trees (9)B: 4 Small trees (2)24 Shrubs (4)6 Large Evergreens (3)Storm Water ChamberStorm Water ChamberStorm Water Chamber143 Parking SpacesRequired:16 Large Trees2860 SF Internal Landscape areaALLEY RAVALLI STREETFIELD STREETALLEYALLEYALLEY Open Space lot 122853sf = 3 GroupsA: 3 Large trees (3)B: 18 Shrubs (3)FenceFenceCrusher Fines PathCrusher Fines PathCrusher F ines PathDouble Gate EntranceDouble Gate EntranceDouble Gate EntranceDog Waste Station Crusher Fines PathCrusher Fines PathS. FERGUSON AVENUESnow StorageSnow StorageSnow StorageSnow Storage Snow StorageSnow StorageSnow StorageSnow StorageSnow StorageSnow StorageSnow StorageSnow StorageSnow StorageSnow Storage Snow Storage Snow Storage Snow Storage Snow Storage Snow Storage Snow StorageUNMOWED NATIVEUNMOWED NATIVEUNMOWED NATIVEUNMOWED NATIVEUNMOWED NATIVEUNMOWED NATIVE 121 Parking SpacesRequired: 14 Large Trees2420 SF Internal Landscape Area82 Parking SpacesRequired: 10 Large Trees1640 SF Internal Landscape Area640 SF Internal Landscape Area680 SF Internal Landscape AreaS. FERGUSON AVENUE UNMOWED NATIVEUNMOWED NATIVEUNMOWED NATIVEPicn ic Tab les BenchBenchBenchBenchBenchBenchPicn ic Tab le BenchBenchBenchBenchBenchBenchBenchStorm Water ChamberStorm Water ChamberStorm Water ChamberStorm Water ChamberStorm Water ChamberStorm Water ChamberStorm Water ChamberWELLGeneral NotesOWNER INFO:Boardwalk Properties INC.101 E Main St.Bozeman, MT 59715ph | 406-586-3132*Parking Lot screening provided by Planting beds,Junipers, Grasses, and Hedges935/1063 Drought Tolerant: 87%Common Open Space AmenitiesQtyAmenitySymbolBench32Picnic Table6Dog Waste Station3Revised: 3-18-2022 Date 08-27-2019 File Designed for: Signed:Date:LOCASHMAN NURSERY & LANDSCAPING P.O. Box 10242 Bozeman, MT 59719 (406) 587-3406 Landscape PlanScale: 1"=60'NorthOverallFerguson Farm II Owner: Boardwalk Properties, Inc. Bozeman, MT Accolade Elm(Ulmus japonica x wilsoniana 'Morton')120 Ferguson Farm 2 Neighborhood Center Plan Ferguson Farm 2 is a 92 lot subdivision and planned unit development (62 building pads, 19 open space lots and 11 parking lots). The development will be a dynamic, multi-use destination offering a convenient shopping and dining experience in combination with upscale professional offices and hotel stay. The 31 acre development is zoned Urban Mixed Use with a Community Commercial Mixed Use growth policy land use designation. Ferguson Farm 2 is an extension of Ferguson Farm 1 (aka Spring Creek Village Resort). The vision of Ferguson Farm 2 is to reflect small town shopping with maximum flexibility and innovation in design. The goal of the Ferguson Farm 2 development is to create a quality development that benefits the community both aesthetically and economically, as well as:  Provide an appealing environment for work and play.  Develop an attractive pedestrian friendly shopping experience.  Create a trendy destination for food, drink, and stay that is within walking and biking distance of large, residential neighborhoods.  Design a unique trail experience that provides direct access to neighboring businesses.  Create open space features that embrace the outdoor experience. 121 Neighborhood Center Amenities The primary focal point and the neighborhood center for the PUD is the 1.7 acre open space and trail corridor along the Maynard Border Ditch. The corridor is within 600 feet of the geographic center of the subdivision. The trail system in Ferguson Farm 2 will create an integral link between Huffine Lane and the existing trail system through Cottonwood Condos, Valley West and Flanders Mill. The trail system in Ferguson Farm 2 will be a tiered system with a 6’ natural fines wide trail on the ground and a 14’ wide skyline bridge trail above. The skyline bridge trail will be accessed via stairs in Blocks 4, 6 and 7 and an elevator in Block 6. At 18’ tall from the ground to the bottom of the decking and 24 feet overall, the skyline bridge will extend from Huffine Lane to Fallon Street. The bridge trail will span across Field Street, Valley Commons and the alley. Once on top of the bridge, pedestrians will have a view of the surrounding area and some mountain views. The lots abutting the skybridge trail corridor can offer patio seating adjacent to the surface trail. Halfway down the trail, where it intersects with Valley Commons Drive, there will be a half-acre open space lot. This park like setting will be the perfect venue for festivals and concerts on the lawn in the summer and ice skating in the winter. Lots along the trail may have the option to construct an upper level connection between the bridge and their building with Property Owners Association and city review and approval. 122 Lots along the trail corridor are expected to embrace the amenity. This may be accomplished in many ways including, but not limited to: designing a building that fronts the corridor, incorporating additional architectural features, provides appealing landscaping and/or adds patio seating. Skyline Bridge and Trail Corridor Design (NTS) 123 124 Phasing The neighborhood center improvements, including the surface trail, skyline bridge trail, elevator, two sets of stairs, landscaping and irrigation will be installed with phase 3 and 4 of the subdivision. 125 126 19028; Community Development Board Staff Report for the Ferguson Farms II Preliminary Planned Unit Development (P-PUD) Date: Community Development Board, as Design Review Board, Public Meeting, Monday, December 5, 2022, City Commission Room, Bozeman City Hall, 121 North Rouse Avenue Bozeman, MT 59715 Project Description: A Preliminary Planned Unit Development (P-PUD) application for a proposed commercial development to grant 26 deviations and waivers to zoning and engineering regulations to (1) allow specific additional commercial uses as-of-right; (2) to exempt the development from UMU requirements for specific mixes of use; (3) to increase building heights; (4) to waive minimum and maximum parking requirements; 5) to amend bicycle parking requirements; (6) to amend Block Frontage designations; (7) to reduce setback requirements for the new Block Frontage designations; (8) to reduce parking lot landscape screening requirements; (9) to reduce trash enclosure screening requirements; (10) to request the Director of Transportation and Engineering Department to modify Article 4 Streets engineering standards for this PUD to allow back-in angled street parking and alternate street design and construction materials; (11) to request the Director of Transportation and Engineering Department to allow alternate water, sanitary sewer and stormwater design and location standards and to allow concurrent construction of streets and on- and off-site public improvements; and (12) to allow business signs on all sides of a building rather than just on the street-facing facade. The P-PUD is accompanied by a separate Preliminary Plat application to subdivide the 31- acre parcel into 72 lots to accommodate the new development (Project 19027). Note that this application is being reviewed by the BMC standards for Planned Unit Development (PUD) applications and PUD processes that were in effect at the time this application was deemed “adequate” for further review and public notice, which was September 2, 2022. Project Location: 4250 Fallon Street, located at the northwest corner of Ferguson Avenue and Huffine Lane. The 31-acre parcel is bordered by Huffine Lane, Ferguson Avenue, Fallon Street and Resort Street and is legally described as Lot 5 of Minor Subdivision 295, proposed to be replatted as Ferguson Farms II Subdivision located in the SW ¼ of S10, T2 S, R5 E of the P.M.M., Gallatin County, Montana. Development Review Committee (DRC) Recommendation: The application is adequate for further review. Staff has no objections to 25 of the 26 requested deviations from the Bozeman Municipal Code (BMC) standards and regulations and finds that, with recommended conditions and code provisions, 25 of the deviations and waivers would conform to other relevant BMC standards and would be sufficient for approval as noted in the staff evaluation found in this report. However, the Director of Transportation and Engineering must make a determination on the PUD requests for modifications to Article 4 standards. 127 19028; CDB Staff Report for the Ferguson Farms II Preliminary PUD Page 2 of 67 Motion: “Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 19028 and move to recommend approval of the Ferguson Farms II Preliminary Planned Unit Development application to the City Commission, subject to staff-recommended conditions and all applicable code provisions and further subject to the determination on Article 4 standards modifications by the Director of Transportation and Engineering.” Report Date: November 23, 2022 Staff Contact: Susana Montana, Senior Planner, Development Review Division Executive Summary On August 29, 2019, Boardwalk Properties, Inc. and Combs Capital, LC, the property owners and Applicants, submitted a Preliminary Planned Unit Development (P-PUD) application and a Preliminary Plat Subdivision (PP) application for the development of a 31-acre undeveloped parcel (“Site”) in the City’s Urban Mixed Use (UMU) zoning district on the west side of the City. Revisions to this application were made in January 2020, November 2021, April 2022, July 14, 2022 and August 24, 2022. This report evaluates the August 24, 2022 P-PUD revision. The Preliminary Plat application is the subject of a separate evaluation and staff report; Project No. 19027. The Applicant proposes a wholly commercial development within the UMU district, per BMC 38.310.050. The Applicant seeks to develop this land as an extension of his similar Ferguson Farms I commercial development lying immediately to the west of this Site and which is zoned B-2, Community Business District. The Site was annexed to the City in 2000 by the Applicant and it was initially-zoned Business Park (B-P) District. In March 2006, the Applicant submitted a zoning text amendment application to create a new zoning district called Urban Mixed Use District (UMU). This application set forth the standards and regulations for the UMU District. In August 2007, by Ordinance No. 1681, the Urban Mixed Use District (UMU) was established. In April 2008, at the request of the Applicant, the 31-acre subject property was rezoned from B- P, Business Park District to the new UMU District by Ordinance No. 1745. This 31 -1cre Site is the only UMU-zoned land in the City. The PUD development proposes a mix of commercial uses including hotels, offices, retail, restaurants, medical facilities, sale of alcohol for consumption on-site, and both surface and structured parking as principal permitted uses. Although a mix of land uses is required in the UMU District, residential use is not a required component of this mix of uses and is not proposed within this development. This would be a wholly commercial development. The Applicant is seeking approval of this Preliminary Planned Unit Development (P-PUD) application because his proposal for development of the Site does not conform to 26 of the standards and requirements of the Bozeman Municipal Code (BMC) for the Urban Mixed Use 128 19028; CDB Staff Report for the Ferguson Farms II Preliminary PUD Page 3 of 67 (UMU) zoning designation of the Site and other BMC standards. The 26 deviations/waivers/relaxations from the BMC that are sought by this PUD are loosely grouped as follows: (1) Allowing various commercial uses as principal uses which are conditional or are not otherwise permitted in the UMU district per use Tables 38.310.040.A through E; (2) Exemption from Section 38.310.050 UMU zone supplemental use requirements for: (a) a mix of uses within each site plan; (b) Subsection C-- the 70% maximum gross square footage limitation for a single use, such as office, for the entire Site; (c) Subsection D-- the requirement that a minimum of 70% of the ground level block frontages must be occupied by non-residential uses with a depth of at least 20 feet and, also, parking garages must include ground floor “liner” uses for at least 40% of the façade that faces a street or greenway; (3) Exemption from the UMU zone 20% minimum ground floor commercial space requirements of 38.330.010.E.2; (4) Allow building height increases over the 60’ maximum for the UMU district per Table 38.320.050, to a maximum height of 90’ and 6 stories; (5) Exemption from the UMU zone minimum and maximum number of parking requirements of 38.330.010.F and from the Citywide vehicle parking requirements of Tables 38.540.050-1 through 3; (6) Exemption from the 38.540.050.A.4.b Citywide requirement that bicycle racks must be located within 100 feet from the building it serves; (7) Modifications to various Article 4 standards to allow angled back-in on-street parking spaces, modifications to the street design and materials standards, modifications to water, sanitary sewer, and stormwater facility location standards, and exemption from the requirement that all lots must have legal and physical access to a public street [note these are under the purview of the City’s Director of Transportation and Engineering Department, per 38.200.010.D, and is not a zoning deviation]; (8) Allowing alternate Block Frontage designations and setback relaxations per 38510.030.L; (9) Allowing landscaping exemptions per 38.510.030.C and 38.520.040.D.3; (10) Front setback waivers per 38.510.030.C allowing buildings to be built to the front property lines; (11) Granting a parking screening waiver per 38.510.030.C for the 1.7-acre Block 3 parking lot; and (12) Granting a deviation from 38.520.070.C.2 to allow reduced trash enclosure screening on Lot 4, Block 4. Section 2, Table 1 on page 11 of this report lists the specific deviations/waivers sought as part of this PUD. Attachment 1 to this report is the Applicant’s list of specific relaxations sought, along with his justifications for the BMC deviations/relaxations and his description as to how each relaxation meets the criteria for a PUD per BMC 38.430.030.A.4.c and 38.430.090. Attachment 2 is the Applicant’s PUD Design Manual. Attachments 3 through 7 provide supporting maps. 129 19028; CDB Staff Report for the Ferguson Farms II Preliminary PUD Page 4 of 67 Preliminary PUD as a Conditional Use Per BMC 38.430.020.C, any PUD is deemed a Conditional Use (CU) within the zoning district in which the PUD lies. If the PUD application is approved, the conditions of approval for the PUD, as a CU, would be recorded with the County Clerk and Recorder and a subdivision preliminary plat (PP) must be approved to create the 9 blocks and 72 lots accommodating the PUD. Of the 72 lots, the new subdivision would create 49 buildable lots, 14 open space lots, and 9 lots for parking garage use. The PP application includes a request for concurrent construction of on- and off-site water, sanitary sewer, and street improvements and, if granted, the Applicant would submit an Improvements Agreement and Financial Surety for completion of those improvem ents. Any proposed development on any lot within the PUD would require a separate and specific site plan application for review and approval. However, the adopted PUD would represent a Master Site Plan for the phased development of the Site. A PUD is a discretionary approval and the review authority must find that the overall development is superior to that offered by the basic, existing zoning standards as required in BMC 38.20.030.A.4. The intent of a PUD is to promote maximum flexibility and innovation in development proposals within the City. The Applicants can request deviations/relaxations from the BMC in exchange for higher quality of design. The obligation to show a superior outcome is the responsibility of the Applicant. The Applicant, in the narrative in Attachment 1, asserts that the overall outcome of this PUD proposal is superior to what would be obtained from the application of the underlying UMU district standards and other BMC standards. The Development Review Committee (DRC) has reviewed the application. Based on its evaluation of the application against the BMC criteria, the DRC found the application adequate for continued review by the public, advisory boards, and City Commission. The DRC supports the approval of concurrent construction for this project with the completion of all code requirements related to concurrent construction that is required to be submitted with the final planned unit development application. The site currently has no vehicular access from its surrounding streets. The site is undeveloped except for a portion of the Maynard Border Ditch agricultural irrigation ditch which flows through the western portion of the Site in a north-south orientation. The vegetation bordering the ditch consists of mature cottonwood, willow, and wild rose species. This watercourse would be relocated 30- to 50-feet to the west as part of this development with new plantings bordering the ditch and a pedestrian “skybridge” built overhead (see Attachment 6). Public Comment The public notice and comment period is November 6th to December 20th, 2022. The Site was posted and proper mail notice sent on November 6th and a legal notice in the newspaper was published on November 6th and 13th. As of the November 23, 2022 writing of this report no public comment has been received. 130 19028; CDB Staff Report for the Ferguson Farms II Preliminary PUD Page 5 of 67 Unresolved Issues There is one unresolved issue with this P-PUD application. In order to qualify for a PUD, the Applicant must demonstrate that the relaxation standard proposed provides a superior quality and character for the development than the BMC standard. Deviation No. 18 would relax BMC Section 38.520.070.C.3 (Screening of ground related services) to minimize the screening of a trash enclosure on Block 4, Lot 4. The Applicant would screen with vegetation only one side, rather all three sides (see Figure 14 on page 55). This trash enclosure on Lot 4 of Block 4 would be placed against the Huffine Lane lot line and would be highly visible from this Gateway Block Frontage. Staff finds that in this 31-acre PUD Site, sufficient land is available to provide an adequate screen wall or vegetative screen of all three sides of this trash enclosure. Therefore, staff recommends Condition of Approval No. 6 which requires the Applicant to meet the BMC standard for screening trash enclosures within the Site. Alternatives 1. Recommend approval of the application to the City Commission with the staff- recommended conditions and report findings; 2. Recommend approval of the application with modifications to the staff-recommended conditions and modifications to the report findings; 3. Recommend denial of the application based on findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the review on the application with the concurrence of the Applicant, with specific direction to staff or the Applicant to supply additional information or to address specific items. 131 19028; CDB Staff Report for the Ferguson Farms II Preliminary PUD Page 6 of 67 TABLE OF CONTENTS Executive Summary ............................................................................................................. 2 Unresolved Issues ............................................................................................................... 5 Alternatives ......................................................................................................................... 5 SECTION 1 - MAP SERIES .................................................................................................... 6 SECTION 2 - REQUESTED DEVIATIONS/RELAXATIONS/WAIVERS ........................ 11 SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL .................................... 13 SECTION 4 REQUIRED CODE PROVISIONS ..................................................................... 15 SECTION 5 - STAFF ANALYSIS AND FINDINGS ........................................................... 16 APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY................................ 66 APPENDIX B – OWNER INFORMATION AND REVIEWING STAFF ........................... 66 APPENDIX C –PLANNED UNIT DEVELOPMENT INTENT ........................................... 66 ATTACHMENTS ................................................................................................................... 67 SECTION 1 - MAP SERIES Figure 1: Location Map 132 19028; CDB Staff Report for the Ferguson Farms II Preliminary PUD Page 7 of 67 Figure 2: Zoning Map Figure 3: Ferguson Farms II PUD Master Plan Site 133 19028; CDB Staff Report for the Ferguson Farms II Preliminary PUD Page 8 of 67 Figure 4: Conceptual Land Use Map (see also Attachment 7) 134 19028; CDB Staff Report for the Ferguson Farms II Preliminary PUD Page 9 of 67 Figure 5: Circulation Network Pedestrian Pathways Bicycle Pathways Shared Pathways 135 19028; CDB Staff Report for the Ferguson Farms II Preliminary PUD Page 10 of 67 Figure 6: Open Space Network Figure 7: Location of Taller Buildings 87’ 64’ 136 19028; Ferguson Farms II Preliminary PUD Staff Report Page 11 of 67 SECTION 2 - REQUESTED DEVIATIONS/RELAXATIONS/WAIVERS Deviations to the zoning code may be granted with a Planned Unit Development (PUD). The criteria for granting PUD deviations/relaxations/waivers are included in BMC Section 38.430.090.E. Staff has reviewed the criteria and finds that they are met for 25 of the 26 requested deviations with the recommended conditions of approval and the adoption of the staff analysis and findings below for justification. Table 1. 137 19028; CDB Staff Report for the Ferguson Farms II Preliminary PUD Page 12 of 67 138 19028; CDB Staff Report for the Ferguson Farms II Preliminary PUD Page 13 of 67 SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. 1. The Applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law. 2. Owners of lots facing a public street, including Block 3, Lot 3, and seeking to locate parking spaces facing the street must mitigate potential safety hazards associated with vehicle headlight glare to passing motorists by providing a minimum 6-foot wide landscape buffer between the parking spaces and the street-facing lot property line which must be planted with densely-spaced evergreen shrubs which are a minimum 5-feet tall at planting. 3. The existing Class I shared use trails abutting the Site along the Huffine Lane and Ferguson Avenue frontages must be widened from 8 feet to 10 feet by the Applicant and the Applicant must install 8 feet wide Class I trails along the Fallon Street and Resort Drive frontages, concurrent with any first phase construction of this PUD Site. 139 19028; CDB Staff Report for the Ferguson Farms II Preliminary PUD Page 14 of 67 4. Prior to issuance of a building permit for any first phase, the Applicant must record a deed restriction for the following 6 lots which do not have legal physical access to public streets. The restriction must state that the use of those lots, when built, are to be devoted exclusively to vehicle parking garages: Lot 1B, Block 8; Lots 1B and 1C, Block 3; Lots 1B and 1C of Block 7; and Lot 4 of Block 6. The Community Development Director must review and approve of this deed restriction prior to recordation. 5. To mitigate the heat island effect of the large expanse of pavement, to provide enhanced visual cues to parking areas for customers, workers and visitors, and to increase the comfort and relief from heat for those parking lot users, the Applicant must ensure that the landscape plan provides a visually-prominent, deciduous tree- lined pedestrian corridor throughout the Site linking all parking lots to the Valley Commons Drive commercial corridor and to the Skybridge commercial corridor. An example of this design, which may differ from the concept landscape plan provided with this P-PUD submittal, is a plan that places small trees on the north sides of parking lots and places large shade trees along the south and west sides of parking lots and along a pedestrian walkway through the middle of the parking lot that connects to a network of similarly shaded pedestrian walkways. The design of this landscape plan must be coordinated with the City Forester to ensure the best environment for both pedestrians and for the health of the trees over time and must be approved by the Director of Community Development. 6. The Applicant must ensure that all trash enclosures are properly screened to City standards per 38.520.070. [This condition is offered because staff does not find that the trash enclosure screening of Deviation No. 18 meets the criteria in order to be granted]. 7. Pursuant to Section 38.550.050.M, Planned Unit Development Open Space, the landscape plan provided with the Final PUD application must show what trees and shrubs are meeting this requirement and where they are to be located. 8. Public access easements must be provided for as shown on the P-PUD plans for all publicly accessible open space areas prior to Final PUD approval. 9. No property may be removed from the Final PUD covenants without written approval of the Director of Community Development and City Commission. 10. A Comprehensive Sign Plan must be submitted with the Final PUD application and must be approved by the Director of Community Development with the Final PUD Plan. 11. The City of Bozeman has relied upon the proposed PUD Design Manual shown in Attachment 2 for design and design standards required as part of the PUD application. The design and design standards must not be altered without consent of the Director 140 19028; CDB Staff Report for the Ferguson Farms II Preliminary PUD Page 15 of 67 of Community Development. 12. The Final PUD plan and Subdivision Final Plat must be submitted, reviewed, and approved prior to the approval of any subsequent site plan. SECTION 4 REQUIRED CODE PROVISIONS 1. BMC 38.220.050. A final approved weed control plan must be submitted prior to Final PUD plan approval. 2. BMC 220.080. Irrigation water. Clarify proposed water demand for irrigation system. The Applicant must clarify the nature of the existing well and water right to support the new demand. The Applicant must provide a letter from DNRC confirming water rights or intent to issue water rights to support the project prior to approval of the planned unit development final plan. 3. BMC 38.220.300 and 310. The property owners association documents pertaining to the maintenance of common areas, the back-in street parking and shared parking areas must include the requirements of Section 38.220.300 and 320. The proposed documents must be finalized and recorded with the Final PUD plan and its accompanying subdivision Final Plat. 4. BMC 38.230.020.A and C. a subsequent site plan application is required to be reviewed and approved for each phase of this development prior to building permit issuance for that development. 5. BMC 38.270.030. For concurrent construction, the Applicant must provide a full response to the required items in BMC 38.270, must provide responses to the PUD concurrent construction requirements, and must finalize all of the required code elements prior to the approval of the planned unit development final plan, approval of concurrent construction, and prior to building permit issuance. 6. BMC 38.430.040.A.3 outlines the review and approval process for the planned unit development final plan (“Final PUD”). The final plan must be in compliance with the approved preliminary PUD plan and/or development guidelines. Upon approval or conditional approval of a preliminary PUD plan and the completion of any conditions imposed in connection with that approval, an application for final PUD plan approval may be submitted. For approval to be granted, the final plan must comply with the approved preliminary PUD plan. This means that all conditions imposed by the City Commission as part of its approval of the preliminary PUD plan have been met. The final PUD plan does not change the general use or character of the development. The final plan does not increase the amount of improved gross leasable non-residential floor space by more than five percent, does not increase the number of residential dwelling units by more than five percent and does not exceed the amount of any density bonus approved with the preliminary plan. The final plan does not decrease the open space and/or affordable housing provided. The final plan does not contain changes that do not conform to the requirements of this chapter, excluding properly granted deviations, the applicable objectives and criteria of Section 38.430.100, or 141 19028; CDB Staff Report for the Ferguson Farms II Preliminary PUD Page 16 of 67 other objectives or criteria of this chapter. The final plan must not contain any changes which would allow increased deviation/relaxation of the requirements of this chapter; and the final plat, if applicable, does not create any additional lots which were not reviewed as part of the preliminary PUD plan submittal. Final plan approval. The final plan may be approved by the Director of Community Development if it conforms to the approved preliminary PUD plan in the manner described above. Prior to final PUD plan approval, the review authority may request a recommendation from the CDB, DRC, ADR staff, or other entity regarding any part of a proposed final plan. 7. BMC 38.550.050.I. Irrigation plans are required to be submitted with the Final PUD open space landscape plan and with each subsequent site plan application. 8. BMC 38.550.050.M. The Final PUD open space landscape plan must meet these standards and be finalized and completed with subsequent site plan applications. 9. BMC 38.400.050.A1. The accompanying property owners association must properly maintain the proposed on-street angled parking allowed on internal streets, including snow plowing and maintenance of the parking surfaces. The property owners association documents must include language to this effect and be reviewed and approved prior to final PUD approval. 10. BMC 38.430.070.A a. All public infrastructure, both on- and offsite, must be installed with the first phase of development. SECTION 5 - STAFF ANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis in this report is a summary of the completed review. We note that there are three separate review criteria that must be addressed with a Planned Unit Development (PUD) application: Plan Review, Conditional Use (CU) Review, and the Planned Unit Development Review. For each review type, there are multiple criteria that must be addressed by the Applicant or by the design of the application. Some of the criteria can be “met” by the proposed project, some can be “positively addressed” by the proposed project. Some can be met or positively addressed if conditions of approval are applied to mitigate potential adverse impacts of the PUD development relative to the particular review criteria. If the PUD design does not address the criterion and a condition of approval cannot mitigate adverse impacts of the PUD, the criterion is not met. Some criteria, such as Community Plan Growth Policies, may appear to the reader and/or decision-maker as “more important”, or of greater value, than others in the context of the Site or the PUD proposal. Staff has evaluated each criterion herein based on the BMC-stated intent of the Plan, 142 19028; CDB Staff Report for the Ferguson Farms II Preliminary PUD Page 17 of 67 Conditional Use and the PUD. The intent of the PUD option can be found at the end of this report in Appendix C. BMC Code Provision Review Criteria # criteria Plan Review, BMC Section 38.230.100.A 23 Conditional Use Review, Sections 38.230.110.E & F 6 Planned Unit Development Review, Sections 38.430.090 22 Applicable Plan Review Criteria, BMC Section 38.230.100. The Applicant is again advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, do not in any way create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law. In considering applications for plan approval under this title, the advisory boards and City Commission shall consider the following: 1. Conformance to and consistency with the City’s adopted growth policy [the Bozeman Community Plan]; The PUD Site is designated “Community Commercial Mixed Use” in the Bozeman Community Plan Future Land Use Map (FLUM). Per this Plan, this category is intended to “promote commercial areas necessary for economic health and vibrancy. This includes professional and personal services, retail, education, health services, offices, public administration, and tourism establishments. Density is expected to be higher than it is currently in most commercial areas in Bozeman and should include multi-story buildings. Residences on upper floors, in appropriate circumstances, are encouraged. The urban character expected in this designation includes urban streetscapes, plazas, outdoor seating, public art, and hardscaped open space and park amenities. High density residential areas are expected in close proximity.” Staff Evaluation: This criterion is met. The proposed design has no residential component. The Applicant intends this Site to be an extension of the 36.5-acre Ferguson Farms I development located immediately west of this Site. Within the Ferguson Farms II (FF II) development’s “core” along the extension of Valley Commons Drive are storefronts along the ground floors of multi-level buildings. There are plazas interspersed along this commercial street with seating and landscaping. The neighborhood surrounding FF II is characterized by medium-density residential neighborhoods (duplex and triplex homes) and single-household homes north of the Site and a manufactured home park south of the Site across Huffine Lane. A 12-acre commercial node 143 19028; CDB Staff Report for the Ferguson Farms II Preliminary PUD Page 18 of 67 lies immediately east of the Site across Ferguson Avenue, and one- to three-story commercial buildings are found in FF I immediately west of the Site. Per the Community Plan, “Developments in this land use area should be located on one or two quadrants of intersections of the arterial and/or collector streets and integrated with transit and non-automotive routes. Due to past development patterns, there are also areas along major streets where this category is organized as a corridor rather than a center. Although a broad range of uses may be appropriate in both types of locations, the size and scale is to be smaller within the local service areas. Building and site designs made to support easy reuse of the building and site over time is important. Mixed use areas should be developed in an integrated, pedestrian friendly manner and should not be overly dominated by any single use. Higher intensity uses are encouraged in the core of the area or adjacent to significant streets and intersections. Building height or other methods of transition may be required for compatibility with adjacent development.” Staff Evaluation: This policy is positively addressed. This is a wholly commercial development and the requested PUD deviation numbers 2, 3, 4, 9, 11, 13, 14, 15 would enable buildings to be built to the lot lines, rather than setback 10’ with landscaping separating the building from the sidewalk. These deviations would produce an urban rather than suburban streetscape. PUD deviation No. 4 would allow an increase of building height from 60’ to 90’. The proposed 87’ tall buildings would be located in the northwest areas of the Site approximately 110 feet south of single-story duplex residential condominium buildings. The 64’ tall buildings would “frame” the north side of the “core” Valley Commons Drive for two blocks. In addition, a 64’ tall hotel is proposed along Huffine Lane and another 64’ tall building is proposed at the southeast corner of the Site, “framing” Huffine and Ferguson streets (see Figure 8 below). 144 19028; CDB Staff Report for the Ferguson Farms II Preliminary PUD Page 19 of 67 Figure 8: Location of tall buildings in PUD Site The Plan states: “Smaller neighborhood scale areas are intended to provide local service to an area of approximately one half-mile to one mile radius as well as passersby. These smaller centers support and help give identity to neighborhoods by providing a visible and distinct focal point as well as employment and services. Densities of nearby homes needed to support this scale are an average of 14 to 22 dwellings per net acre.” Staff Evaluation: The FF II Site, at 31 acres, is not one of the City’s smaller neighborhood commercial centers. By comparison, FF I is 36.5 acres in size, the Gallatin Valley Mall is 37.5 acres in size and the Bozeman Gateway Center is 53 acres in size. The large residential neighborhood north of the Site is expected to support both regional-serving and neighborhood-serving businesses within the PUD development. Businesses within the Site are expected to offer employment opportunities to area and City residents. The 4- and 6- story taller buildings within the Site would provide a visible and distinct focal point in the area [see also the building height staff evaluation on page 24]. Theme 2 - A City of Unique Neighborhoods Goal N-1: Support well-planned, walkable neighborhoods N-1.5 Encourage neighborhood focal point development with functions, activities, and 145 19028; CDB Staff Report for the Ferguson Farms II Preliminary PUD Page 20 of 67 facilities that can be sustained over time. Maintain standards for placement of community focal points and services within new development. N-1.7 Review and where appropriate, revise block and lot design standards, including orientation for solar power generation throughout city neighborhoods. N-1.8 Install, replace, and maintain missing or damaged sidewalks, trails, and shared use paths N-1.9 Ensure 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. 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 Goal N-4: Continue to encourage Bozeman’s sense of place. N-4.2 Incorporate features, in both public and private projects, to provide organization, structure, and landmarks as Bozeman grows. N-4.4 Ensure an adequate supply of off leash facilities to meet the demand of Bozeman dog owners. Applicant’s statement: “Ferguson Farm II is envisioned as a well-planned and walkable commercial neighborhood. From the skybridge and the Maynard Border Ditch to the food court pod [Public Open Space Lot 2] to the off leash dog area [Public Open Space Lot 8], the site has been designed to have numerous neighborhood focal points and activity areas. Multimodal connections are shown within and through the site. Lots have been designed to be oriented to the prevailing solar path. The project will contribute to the sense of the place in this area of the community.” Theme 3 - A City Bolstered by Downtown and Complimentary Districts Goal DCD-1: Support urban development within the City. DCD-1.2 Remove regulatory barriers to infill. DCD-1.5 Identify underutilized sites, vacant, and undeveloped sites for possible development or redevelopment, including evaluating possible development incentives. DCD-1.12 Prioritize the acquisition and/or preservation of open space that supports community values, addresses gaps in functionality and needs, and does not impede development of the community 146 19028; CDB Staff Report for the Ferguson Farms II Preliminary PUD Page 21 of 67 Goal DCD-2: Encourage growth throughout the City, while enhancing the pattern of community development oriented on centers of employment and activity. Support an increase in development intensity within developed areas. DCD-2.4 Evaluate revisions to maximum building height limits in all zoning districts to account for contemporary building methods and building code changes DCD-2.5 Identify and zone appropriate locations for neighborhood-scale commercial development. Goal DCD-3: Ensure multimodal connectivity within the City. DCD-3.1 Expand multimodal accessibility between districts and throughout the City as a means of promoting personal and environmental health, as well as reducing automobile dependency. DCD-3.2 Identify missing links in the multimodal system, prioritize those most beneficial to complete, and pursue funding for completion of those links. DCD-3.3 Identify major existing and future destinations for biking and walking to aid in prioritization of route planning and completion. DCD-3.4 Support implementation of the Bozeman Transportation Master Plan strategies. DCD-3.5 Encourage increased development intensity in commercial centers and near major employers. DCD-3.6 Evaluate parking requirements and methods of providing parking as part of the overall transportation system for and between districts. Applicant’s statement: “The project is an infill project located within the current City limits. The PUD and the associated relaxations address the regulatory challenges that are likely as a result of this project, such as required parking and allowable building height. The project includes significant open space to compliment the project’s commercial design. The site is envisioned as a center for employment and activity, and a variety of transit options are proposed to connect this site to the existing transit system including bus and trail connections. Parking requirements for the project are proposed in a similar fashion to that allowed in the Midtown Urban Renewal District (see Relaxations for additional details).” Theme 4 - A City Influenced by our Natural Environment, Parks, and Open Lands Goal EPO-2: Work to ensure that development is responsive to natural features. EPO-2.1 Where appropriate, activate connections to waterways by creating locations, adjacent trails, and amenities encouraging people to access them. 147 19028; CDB Staff Report for the Ferguson Farms II Preliminary PUD Page 22 of 67 Applicant’s statement: “The Ferguson Farm II project has been designed to protect the integrity of the Maynard Border ditch that flows through the western side of the site. Trails have been proposed adjacent to the ditch, as shown on the proposed Landscaping plans.” Theme 5 - A City That Prioritizes Accessibility and Mobility Choices Goal M-1: Ensure multimodal accessibility. M-1.4 Develop safe, connected, and complementary transportation networks for pedestrians, bicyclists, and users of other personal mobility devices ( e-bikes, electric scooters, powered wheelchairs, etc.). M-1.5 Identify locations for key mobility hubs (e.g. rideshare drop off/ pick up areas, bike/scooter share, transit service, bike, and pedestrian connections). M-1.9 Prioritize and construct key bicycle infrastructure, to include wayfinding signage, connections, and enhancements with emphasis on completing network connectivity. M-1.11 Prioritize and construct key sidewalk connections and enhancements. M-1.12 Eliminate parking minimum requirements in commercial districts and affordable housing areas and reduce parking minimums elsewhere, acknowledging that demand for parking will still result in new supply being built. Goal M-2: Ensure multimodal safety. M-2.5 Develop safe crossings along priority and high utilization pedestrian and biking corridors. Applicant’s statement: “The project provides multimodal access to and through the site. The site is adjacent to the existing Streamline Purple line, and future route modifications are likely to include direct service within this project site. Key pedestrian and multimodal connections are proposed, with covered bike parking shown adjacent to key site amenities. Wayfinding signage is also shown for this site to assist with navigation and safe site connections across the large site area. Parking is proposed in a similar manner as within the Midtown Urban Renewal District. Please see the Relaxations for additional details on this proposal.” Theme 6 - A City Powered By Its Creative, Innovative, and Entrepreneurial Economy Goal EE-1: Promote the continued development of Bozeman as an innovative and thriving economic center. 148 19028; CDB Staff Report for the Ferguson Farms II Preliminary PUD Page 23 of 67 EE-1.1 Support the goals and objectives outlined in the Bozeman Economic Development Strategy. Goal EE-2: Survey and revise land use planning and regulations to promote and support economic diversification efforts. Applicant’s statement: “The project will create approximately 850,000 square feet of commercial space, contributing to Bozeman’s continued goal of being an economic center. The relaxations to the land use regulations are essential to meeting this goal.” Strategic Plan Alignment 2. Innovative Economy 2.1 Business Growth - Support retention and growth of both the traded and local business sectors while welcoming and encouraging new and existing businesses, in coordination with the Economic Development Plan. 4. A Well-Planned City - We consistently improve our community's quality of life as it grows and changes, honoring our sense of place and the "Bozeman feel" as we plan for a livable, affordable, more connected city. 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. 4.4 Vibrant Downtown, Districts & Centers - Promote a healthy, vibrant Downtown, Midtown, and other commercial districts and neighborhood centers – including higher densities and intensification of use in these key areas. 6. Sustainable Environment - We cultivate a strong environmental ethic; protect our clean air, water, open spaces and climate; and promote environmentally sustainable businesses and lifestyles. 6.5 Parks, Trails & Open Space - Support the maintenance and expansion of an interconnected system of parks, trails and open spaces. Applicant’s statement: “As has been described within the application documents and plans, the proposed Ferguson Farm II project supports multiple components of the City’s Strategic Plan as described above.” “All [private] open spaces and all common portions of the PUD will be owned and maintained by the Ownership Organization. Please see the draft governing documents for 149 19028; CDB Staff Report for the Ferguson Farms II Preliminary PUD Page 24 of 67 additional details. Approximately 1,713 employees possible at this site, likely employed working on multiple shifts. The precise number of employees will be determined with subsequent Site Plan submittals.” Staff Evaluation: The above-cited policies of the Bozeman Community Plan and Strategic Plan are relevant to this PUD and, as expressed by the Applicant’s narrative, are positively addressed by this proposal. One questionable provision of the P-PUD building height deviation request is the placing of 6-story, 87-feet tall office buildings across Fallon Street from single-story two household homes as shown in Figure 7 on page 10. It may be that a greater height transition of these buildings would better address policy DCD-2.9 which states” Evaluate increasing the number of stories allowed in centers of employment and activity while also directing height transitions down to adjacent neighborhoods.” 2. Conformance to this chapter, including the cessation of any current violations There are no known documented violations of the BMC for this property. The Site is zoned Urban Mixed Use (UMU) which is an implementing zoning district for the Community Commercial Mixed Use Future Land Use designation. According to the Bozeman Municipal Code/ Unified Development Code: “Urban mixed-use zoning district (UMU) The intent and purposes of the UMU urban mixed-use district are to establish areas within the city that are mixed-use in character, and to set forth certain minimum standards for development within those areas which encourage vertical mixed-use development with high density. The purpose in having an urban mixed-use district is to provide options for a variety of employment, retail and community service opportunities within the community, with incorporated opportunity for some residential uses, while providing predictability in uses and standards to landowners and residents. There is a rebuttable presumption that the uses set forth for each district will be compatible both within the individual districts and with adjoining zoning districts when the standards of this chapter are met and any applicable conditions of approval have been satisfied. Additional requirements for development apply within overlay districts. 1. It is the further the intent of this district to: a. Allow complementary land uses which encourage mixed uses on individual floors including, but not limited to, retail, offices, commercial services, restaurants, bars, hotels, recreation and civic uses, and housing, to create economic and social vitality and to encourage the linking of trips; b. Foster the development of vertically oriented mixed uses, in contrast to single use development distributed along high vehicle capacity roadways; c. Encourage development that exhibits the physical design characteristics of vibrant, urban, pedestrian-oriented, storefront-style shopping streets with pedestrian amenities; d. Provide roadway and pedestrian connections to residential areas; 150 19028; CDB Staff Report for the Ferguson Farms II Preliminary PUD Page 25 of 67 e. Provide appropriate locations and design standards for automobile and truck- dependent uses; f. Create central urban gathering places such as community squares or plazas; g. Allow for urban oriented recreational activities consistent with the standards and intent of the district; and h. To encourage and support the use of sustainable building practices. 2. To accomplish the intent of the district, the UMU district should ideally be located at the intersections of major traffic corridors; that is, at the intersections of two arterials, or, less frequently, an arterial and a collector street. The major intersections should have or be planned to have a stop light or other active traffic control. While placement at major intersections is a necessary precondition, not all major intersections should have the UMU district adjacent to them. Additionally, placement of this district should be adjacent or near to dense residential development to enhance walking and bicycle use.” [These UDU zone objectives and criteria for development are expected to be met by the current concept plan for this PUD and the accompanying Ferguson Farm II Major Subdivision.] Sec. Sec. 38.310.050. Supplemental use provisions for the urban mixed-use zoning district. “Mixed uses required and limited: A. Development must include a mix of uses. [Deviations 2 and 3 waives this requirement.] B. Uses must be grouped as commercial, industrial, office, institutional, and residential. A combination of at least two different groups of uses must be provided within each site plan. [Deviations 2 and 3 waives this requirement.] C. No use group must exceed 70 percent of the total gross building floor area in the entire site development. Multiple buildings may be shown on a single site plan as allowed in division 38.230 of this chapter. For the purposes of calculating the percentage of a use within the site development the gross square foot floor area of building for each use must be utilized. Single use buildings are allowed provided the entire site meets the required use mix standard. [Deviations 2 and 3 waives this requirement.] D. At least 70 percent of the ground level block frontages (see division 38.510) must be occupied by non-residential uses. To meet this requirement, the depth of non-residential floor area must be at least 20 feet deep. Ground level lobbies for residential uses on upper floors may qualify as a non-residential use for the purpose of this standard provided such lobby occupies no more than 50 feet of the block frontage. Structured parking is classified as a non-residential use. Structured parking at the ground level must include liner buildings of usable proportions along at least 40 percent of the building façades facing a street or greenway.” [Deviations 2 and 3 waives this requirement.] 38.330.010. UMU district—Special standards. A. A UMU district is anticipated to generally be not less than 20 acres in area. The city may approve a lesser area of not less than ten acres upon finding that a smaller area will still 151 19028; CDB Staff Report for the Ferguson Farms II Preliminary PUD Page 26 of 67 provide for adequate transition between adjacent districts, provide a reasonable community setting for the intensity of the district, and that a smaller area will not constitute spot zoning. B. The district must be surrounded by perimeter streets unless precluded by topography. C. Block frontages and building orientation. See division 38.510 for applicable standards for all development types [Deviation 9 through 15 waive these standards]. D. Site planning and design element standards. See division 38.520 for applicable standards for all development types [Deviation 16 would exempt development from having 3’ wide landscaping between the building and sidewalk, per 38.520.040.D.3. Deviation 17 would waive the requirement to provide 12’ wide sidewalks with trees and landscaping along buildings 100’ or more in length, per 38.520.040.D.4]. E. Building standards. 1. Building design. See division 38.520 for applicable standards for all development types. 2. Floor-to-floor heights and floor area of ground-floor space. a. All commercial floor space provided on the ground floor of a mixed-use building must have a minimum floor-to-ceiling height of 13 feet. [Changed to 15 feet floor to floor height] b. All commercial floor space provided on the ground floor of a mixed-use building must contain the following minimum floor area: (1) At least 800 square feet or 25 percent of the lot area (whichever is greater) on lots with street frontage of less than 50 feet; or (2) At least 20 percent of the lot area on lots with street frontage of 50 feet or more. [Deviations 2 and 3 would exempt development from these mixed use standards.] 3. Street-level openings on parking structures must be limited to those necessary for retail store entrances, vehicle entrance and exit lanes, and pedestrian entrances to stairs and elevator lobbies. Parking structures adjacent to streets must have architectural detailing such as, but not limited to, standard size masonry units such as brick, divided openings to give the appearance of windows, and other techniques to provide an interesting and human-scaled appearance on the story adjacent to the sidewalk. [This standard would remain.] F. Special parking standards 1. Maximum surface parking. a. In order to achieve the intent of the district and achieve efficiency in the use of land, surface parking provided for the sole use of an individual development must not exceed 100 percent of the minimum parking requirement for the subject land use based upon the requirements of division 38.540 of this chapter. The UMU district may utilize the parking reductions authorized in section 38.540.050.2.c.1. All qualifying reductions must be included in determining the 100 percent requirement. b. Exemptions to section 38.330.010.G.1.a, to allow unstructured surface parking up to 100 percent of the minimum parking requirement exclusive of reductions may be approved through the development review process for developments that 152 19028; CDB Staff Report for the Ferguson Farms II Preliminary PUD Page 27 of 67 provide shared parking to other development, valet parking spaces, parking for off-site users for which an hourly or other regular rent is paid, or similarly managed parking facilities. 2. Structured parking incentive. A floor area bonus of one square foot may be granted for each square foot of area of parking provided within a building. Additional height of building is allowed to accommodate this additional building area per Table 38.320.050. 3. Bicycle parking. Covered bicycle parking must be provided. The covered spaces must be at least one-half of the total minimum bicycle parking. The minimum number of covered spaces must be the greater of either ten bicycle parking spaces or five percent of motor vehicle parking provided on-site. Applicant’s statement: “In the 9 Blocks within the PUD Site (and subdivision), the following building square footages are anticipated by the Applicant to be built: 135,464 sf - Retail, Restaurant, Commercial, Bar 246,081 sf - Office 368,072 sf - Hotel 95,200 sf - Medical 27,235 - Structured Parking 22,125 sf - Garage Condo Units Approximately 1,713 employees are anticipated by the Applicant to be possible at this site, likely employed working on multiple shifts. Parking required for this development would be approximately 1555 spaces, (after reductions for adjacency to transit routes, adjacency to Storefront Block Frontages, and joint use reductions of 30% as specified in the TIS). Total parking provided for this project is 883 total spaces, and includes on street parking and the proposed garages (one space per garage). The required bike parking would be 155 - 226 spaces. The project is proposing to provide 304 bike parking spaces across the site (112 x 2-bike racks (uncovered); 40 x 2-bike racks (covered)). The covered bike parking exceeds the required UMU standards. Please note, the parking calculations for this project do not consider the full range of uses that are possible at this site. For example, assuming one-third of projected office space as shown on the 3-D map (land use map Attachment 7) becomes hotel units and/or one-half of retail is developed as restaurant space, the project could be required under the existing UDC to provide 2,264 required spaces. It is therefore difficult for the Applicant to discern the precise parking that would be required under the UDC for this project at this initial stage. Block by block analysis of initial assumptions for parking can be provided upon request.” “Related to site parking and circulation, please also note that with this submittal the Applicant is requesting an exception to the prohibition to backing into the alley by non-residential development (UDC Sec. 38.540.020.D). Function of the alley will not be impeded with the City’s grant to this request.” 153 19028; CDB Staff Report for the Ferguson Farms II Preliminary PUD Page 28 of 67 Staff Evaluation: Deviation 19 exempts the development from minimum and maximum parking requirements. If granted, the parking standards of subsection F.1. a would also be waived. The provisions of F.1.b would not apply to this development as all surface parking would be shared by all development within the Site. Parking spaces in garages may be converted to condominium ownership and, therefore, not shared. The provisions of F.2 would not apply as there is no maximum Floor Area Ratio (FAR) for the UMU zone and the maximum building height, with or without structured parking, would be 90’ if granted by the PUD. Based on the building square footage noted above by the Applicant, the 1,555 parking spaces to be provided within the Site would represent about 88% of the BMC required parking for this development. The covered bicycle parking provision of F.3 is not waived by Deviation 20 which seeks relaxation from the requirement that required bicycle parking must be located within 100’ of the building it serves. If Deviation 20 is granted, there would be no maximum spacing or distance for covered bicycle racks from the building they are to serve. In the interest of facilitating development of this long-vacant infill site, per the Community Plan Growth Policies of Theme 3, DCD 1 through 3.6, staff has no objections to these deviations and waivers. G. Lighting. All building entrances, pathways, and other pedestrian areas must be lit with pedestrian-scale lighting (e.g., wall mounted, sidewalk lamps, bollards, landscaping lighting, etc.). Alternative lighting meeting the intent of the design guidelines and other criteria of this chapter may be approved through site development review. Staff Evaluation: There is no PUD exemption from this standard. H. Public spaces. The UMU district is urban in nature. Public parks and recreational areas are likewise expected to be urban in nature. This will include elements such as plazas or other hardscapes, landscaping with planters, furniture, developed recreation facilities such as basketball and tennis courts or indoor recreation facilities, and will be more concentrated in size and development than anticipated in a less urban setting. The requirements of this section give direction in the development of park plans and the application of the standards of division 38.420 of this chapter. The parkland dedication requirements of division 38.420 of this chapter may be satisfied by a cumulative contribution of land and the value of on-site improvements to create spaces with the characteristics and functions described in this section. Development within the UMU district may also utilize any of the options of sections 38.420.030 and 38.420.100 to satisfy the requirements of section 38.420.020.A. The requirements of this section must prevail if these standards conflict with the application of the standards of article 4 of this chapter. 1. Public spaces must be designed to facilitate at least three of the following types of activities to encourage consistent human presence and activity. 154 19028; CDB Staff Report for the Ferguson Farms II Preliminary PUD Page 29 of 67 2. Public spaces must be designed to: a. Facilitate social interaction between and within groups; b. Provide safe, pleasant, clean and convenient sitting spaces adaptable to changing weather conditions; c. Be attractive to multiple age groups; d. Provide for multiple types of activities without conflicting; e. Support organized activities; f. Be visually distinctive and interesting; g. Interconnect with other public and private spaces; and h. Prioritize use by persons. Staff Evaluation: There is no proposed PUD deviation from these standards. Since there is no residential component to this development, these standards would apply to the commercial open space requirements of 38.520.060.C. Although the Applicant requested the creation of the UMU zone and requested that this Site be rezoned from its initial B-P (Business Park) District designation to the newly-created UMU district designation, they now request the City to waive via deviation many of the UMU District Special Standards of 38.330.010 as noted above. Therefore, the Applicant seeks waivers, exemptions, deviations and relaxations to the UMU standards as well as other Bozeman Municipal Code (BMC) provisions via this P-PUD. The 26 requested relaxations to the BMC standards are listed in Table 1 above as well as in Attachment 1 which also has the Applicant’s rationale for each requested deviation. The Applicant has very specific development concepts for the 49 buildable lots in the Ferguson Farms II subdivision and the PUD “Site” as is described, block by block, in Attachment 1. This staff evaluation does not analyze those lot-specific development proposals as they are deemed “concept plans” at this stage of the PUD review process. This evaluation of the P-PUD and its block-by-block concept plans does not approve or “vest” any specific development for those lots. Any development proposal for any lot within the PUD and subdivision must go through a separate site plan application and review. This PUD qualifies as a Phased PUD pursuant to 38.430.070 and the block and lot details proposed in this PUD qualify as a Master Site Plan for this Site. When the Final PUD and subdivision Final Plat have been approved and the Final Plat is recorded, Applicants for development proposals for individual lots may submit a site plan application that is consistent with the adopted PUD Master Site Plan for that lot. Site plan applications of individual lots would be reviewed by staff and brought before the Community Development Board, as the Design Review Board, only if the proposed development reaches the DRB review thresholds of 38.230.040, such as a parking lot with more than 90 spaces or a 4-story or taller building. 155 19028; CDB Staff Report for the Ferguson Farms II Preliminary PUD Page 30 of 67 38.430.010. Intent of a Planned Unit Development Relaxations to the City’s zoning standards may be sought with a Planned Unit Development (PUD) application. A PUD approval is a discretionary approval and the review authority (City Commission) must find that the overall development is: (1) superior to that offered by the underlying zoning district as well as basic existing zoning standards per 38.430.030.A.c; (2) consistent with the intent and purpose of the BMC 38.430 PUD chapter; (3) consistent with the adopted goals of the City’s Growth Policies and with any relevant adopted design objectives plan per BMC 38.20.030.A.4.c; and (4) promotes the public health, safety and general welfare per 38.100.040.B. The intent of a PUD is to promote maximum flexibility and innovation in development proposals within the City. The Applicant can request deviations/relaxations from the code in exchange for a higher quality design of his development. The obligation to show a superior outcome is the responsibility of the Applicant. In Attachment 1 the Applicant describes how, in his view, the overall outcome of the proposal would be superior to what would be obtained from the application of the underlying UMU district and basic zoning standards. The criteria for granting a PUD are found in BMC 38.430.090 and the staff evaluation of the Applicant’s application is shown below. Generally, this PUD proposal would allow:  nearly 900,000 gross square feet of commercial space;  building heights of up to 90 feet;  no minimum or maximum parking or loading standards—each lot owner or developer may determine what amount of parking s/he needs to meet her/his demand;  internal circulation with alternate street widths,  street design and construction standards and public streets maintained by the subdivision property owner association;  alternate municipal water, sanitary sewer and storm water systems and locations;  public and private open space facilities;  signage on all sides of a building;  PUD-specific design standards as shown in Attachment 1; and  20 PUD-specific Performance Points needed to qualify for the PUD submittal. It is noted that the street design alternatives proposed by Deviation Numbers 6, 23, 24, 25 and 26 are not “zoning” standards that can be addressed by a PUD but, rather, are under the purview of the City’s Director of Transportation and Engineering, per 38.200.010.D, and must be evaluated and approved separately by the Director. 156 19028; CDB Staff Report for the Ferguson Farms II Preliminary PUD Page 31 of 67 Staff Evaluation: It is staff’s opinion that not all of the 26 requested relaxations qualify for PUD consideration because they do not meet the “superior quality” standard of BMC 38.430.030.A.4.c which states: “The review authority must make a determination that the deviation will produce an environment, landscape quality and character superior to that produced by the existing standards of this chapter, and which will be consistent with the intent and purpose of this division 38.430, with the adopted goals of the city growth policy and with any relevant adopted design objectives plan. Upon deciding in favor of the deviation request, the review authority may grant deviations, above or below minimum or maximum standards respectively as established in this chapter, including the complete exemption from a particular standard. If the review authority does not determine that the proposed modified standards will create an environment, landscape quality and character superior to that produced by the existing standards of this chapter, and which will be consistent with the intent and purpose of this division 38.430 and with any relevant design objectives plan, then no deviation will be granted.” The relevant question posed by staff in evaluating each of the 26 proposed relaxations is “would the relaxation produce a superior development than the BMC standard would, and would it positively address or advance Community Plan/Growth policies and protect the health, safety and general welfare of the community?” Most of the Applicant’s requested deviations to the BMC would meet the PUD review criteria. In the staff evaluation of each deviation request, some could meet the criteria if specific mitigation conditions are met by the Applicant; those mitigating conditions are noted above in the Conditions of Approval section of this report. Only one proposed deviation, in staff’s opinion, cannot meet the PUD criteria even with a mitigating condition of approval, and that is Deviation No.18 which seeks to reduce the screening of a trash enclosure on one lot to one side. This enclosure is to be located on Block 4, Lot 4 which lies within the Gateway Block Frontage of Huffine Lane viewscape. Staff finds 25 of the 26 proposed deviations sufficient for approval and finds the overall Ferguson Farms II Preliminary PUD sufficient for approval with the conditions of approval noted above and standard code provisions applicable to the PUD process in effect at the time this application was deemed “adequate” for further review and public notice (September 2, 2022). Condition No. 6 addresses the trash enclosure impacts by denying the deviation request to screen the trash enclosure abutting the Huffine Lane property line on only its south side, facing Huffine Lane. Staff, through Condition No. 6, requires the enclosure, and all other trash enclosures within the Site, to be screened on all three visible sides. The other 25 deviation requests are deemed either (1) approved because they could be deemed to demonstrate a superior result or product; or (2) they can be approved with the mitigation provided by a 157 19028; CDB Staff Report for the Ferguson Farms II Preliminary PUD Page 32 of 67 condition of approval so that each would result in a superior development than the BMC standard would produce. In addition to the recommended Conditions of Approval, BMC code provisions are provided related to final planned unit development plan approval and subsequent site plan approval. 38.230.100. A. Plan Review Criteria continued: 3. Conformance with all other applicable laws, ordinances, and regulations Deviation 1 would allow sale of alcohol for consumption on-premises as a principal use. If granted, Applicants for this use would still be required to meet State Liquor License laws and regulations. This criterion is met. 4. Conformance with special review criteria for applicable permit type as specified in article 2 Most proposed uses would be principal uses per Deviation 1. However, owners or developers of each lot would be required to submit a site plan that is consistent with the PUD master site plan. This criterion is met. 5. Conformance with the zoning provisions of article 3, including permitted uses, form and intensity standards and requirements, applicable supplemental use criteria, general land use standards and requirements, and wireless facilities if applicable Deviation 1 would waive most of the BMC 38.310.050 supplemental use requirements of the UMU zoning, stripping the UMU zone of most of its requirements for a mix of land uses. The PUD would waive the UMU District’s use and parking standards of 38.330.010.E. Even with these deviations and waivers, it is likely that the mix of commercial uses allowed by the PUD 158 19028; CDB Staff Report for the Ferguson Farms II Preliminary PUD Page 33 of 67 would continue to positively address the intent statement of the UMU District noted in 38.300.110.E. 6. Conformance with the community design provisions of article 4, including transportation facilities and access, community design and element provisions, and park and recreational requirements Deviations 8, 17 and 23 through 26 would amend the City’s standards for street widths, on- street parking design, street section design and construction materials, shared-use pathway widths, and design and locations of water, sanitary sewer and stormwater facilities. These deviation requests would be decided by the Director of Transportation and Engineering prior to City Commission consideration of the P-PUD application and Preliminary Plat application. As noted below under Criterion 7, the current Storefront Block Frontage designations for the bordering streets would be substituted for the “Other” Block Frontage (BF) designations and the new interior Landscape BF landscaped setback standards would be reduced from 10’ to 6’ in width. Deviation 14 would allow buildings facing Huffine Lane, a Gateway BF, to be built to the property line rather than provide a 12’ wide sidewalk along this frontage. Deviation 11 would allow buildings built to the property line along all the interior Landscape BF streets. Deviation 17 waives the 12’ wide sidewalks along the Valley Commons Drive Storefront BF buildings, resulting in only 5’ of sidewalk. Deviation 16 waives the foundation planting requirement separating sidewalks from the building wall. All of these deviations and waivers would result in an urban streetscape with minimal amenities. This criterion is negatively addressed by the PUD deviations and waivers. 7. Conformance with the project design provisions of article 5, including: (a) compatibility with, and sensitivity to, the immediate environment of the site and adjacent neighborhoods and other approved development relative to architectural design, building mass, neighborhood identity, landscaping, historical 159 19028; CDB Staff Report for the Ferguson Farms II Preliminary PUD Page 34 of 67 character, orientation of buildings on the site and visual integration; Figure 9: Existing Block Frontage Designations—Storefront for Resort, Fallon and Ferguson streets and Gateway for Huffine Lane. 160 19028; CDB Staff Report for the Ferguson Farms II Preliminary PUD Page 35 of 67 The Applicant seeks to replace the current Block Frontage designations along Ferguson, Fallon and Resort streets from Storefront Block Frontage (BF) to “Other” BF. This would allow parking lots to be built along 100% of the street frontage with just a 10’ wide landscaped buffer. The Storefront BF requires parking to be placed to the side or rear of structures and parking lots are limited to 60 feet of the street frontage with a minimum 6’ landscape buffer between the parking areas and the street. Both the Storefront and Other BF Storefront BF Landscape BF Other BF—including Ferguson, Fallon and Resort streets Gateway BF Figure 10: Proposed Block Frontage Designations for the Ferguson Farms II PUD 161 19028; CDB Staff Report for the Ferguson Farms II Preliminary PUD Page 36 of 67 have similar transparency standards—60% of the ground floor façade between 30” and 10’ above the sidewalk. The interior north-south streets would be designated Landscape BF and the east-west streets would be designated Storefront BF. The east-west Valley Commons Drive within the Site would be the core commercial street and would have 4-story tall buildings built to the property line on the north side of the street with no landscape buffer between the building and the sidewalk if Deviation 16 (Pathway Design) is granted. If Deviation 12 is granted, the landscape screening of parking areas would be reduced from 10’ to 6’ in width (please see Condition of Approval No. 2 for mitigation of headlight glare for this Deviation). In addition, Deviation 10 would allow surface parking on 100% of the street frontage. The design intent of Article 5, Block Frontages, is not met by the PUD. Rather, the streetscape is reversed so that pedestrian amenities along pathways are minimized along the central corridor of Valley Commons Drive and surface parking lots face public streets with minimal landscape screening. The Criterion 7(a) is negatively addressed by this PUD. Criterion 7(b) design and arrangement of the elements of the plan so that activities are integrated with the organizational scheme of the community, neighborhood, and This criterion is not met. The surface parking lots bordering the frontage streets of Fallon, Ferguson and Resort do not foster an integrated development with the surrounding neighborhoods. The interior-oriented commercial core is separated from the neighboring community by a vast array of surface parking lots. The buildings proposed along the Huffine Lane major arterial roadway would be built to the lot line but would border an existing 30’ wide public access easement lying between the road and the Site’s southern lots. other approved development and produce an efficient, functionally organized and cohesive development; The development proposed for this PUD would be similar to the development of the Ferguson Farms I commercial center lying to the west, although with taller buildings. 7(c) Design and arrangement of the plan in harmony with the existing natural topography, natural water bodies and water courses, existing vegetation, and to contribute to the overall aesthetic quality of the site configuration; The 31-acre PUD Site is part of a larger Ferguson Farm property purchased by the Applicant years ago. This property was in agricultural use in years past and is relatively flat with one irrigation ditch traversing the western portion of the Site in a north-south orientation. The irrigation ditch would be relocated with the permission of the ditch owner and would be re- landscaped and a pedestrian “skybridge” would be built above the ditch. This feature would 162 19028; CDB Staff Report for the Ferguson Farms II Preliminary PUD Page 37 of 67 represent the “neighborhood center” for this development/subdivision (see Attachment 6). This criterion would be positively addressed by the PUD design and replacement of the ditch. 38.230.100. Plan Review Criteria continued 7(d) Landscaping, including the enhancement of buildings, the appearance of vehicular use, open space and pedestrian areas, and the preservation or replacement of natural vegetation; This criterion is negatively addressed, as Deviation 16 would eliminate landscaping against buildings along the Storefront Block Frontages of Valley Commons Drive. Landscaping would be reduced from 10’ wide to 6’ wide along the internal Landscape Block Frontage roads per Deviations 9, 11, 12, 13, 14, 15 and 16. The existing trees and shrubs along the Maynard Border Ditch alignment would be replaced with decorative landscaping. 7(e) Open space; Applicant’s Discussion: “Ferguson Farm II contains fourteen (14) open space lots. The fourteen qualifying open space areas account for approximately 4.69 acres (204,432 square feet) of open space. A portion of this open space area (.62 acres or 27,031 square feet) is provided to meet the commercial open space standards for the entirety of the site, while 4.07 acres (177,400 square feet) is provided and has been applied towards the calculation for required PUD performance points. The open space areas will support trails, plazas, an event area, the skybridge, covered bicycle parking, a food truck court, dog walk areas, and picnic areas (see the Landscape plans L10 - L13 for additional design details for each of these open space areas). The open space applied to the PUD points does not include the pathways between buildings. All open space areas, with the exception of the skybridge itself (which has not been counted toward the meeting the required performance point minimums) will be constructed with infrastructure. The skybridge will be built as the adjacent buildings are constructed. The total area of qualifying onsite open space is 204,432 square feet. Deducting the required commercial open space area leaves 177,400 square feet of open space available to account for PUD performance points. Of this total, 140,669 square feet is proposed to have public access, while 36,731 is non-public (Open Space Lots 4, 6, and 7). The total site area is 1,351,559 square feet. Public open space counting toward the required PUD open space is 10.41% of total site area, which equates to 13.01 performance points. Non-public open space area accounts for 2.72% of total site area. Therefore, 15.73 rounded to 15 performance points are accrued for the provision of onsite open space as described in this section. The location of each open space area was planned to integrate seamlessly into the development and to encourage greater use of the onsite outdoor spaces. Throughout the site additional a variety of open spaces have been planned offering wide range of users options to utilize these amenitized spaces. From dog walk areas to the ~1 mile PUD perimeter trail, 163 19028; CDB Staff Report for the Ferguson Farms II Preliminary PUD Page 38 of 67 the open space is meant to be available to more than just the site’s human occupants. The perimeter areas area is also ideal for multimodal transit to and through this site. Taken as a whole, the proposed open space more than meets the needs of employees and visitors to this site. The primary focal point of the PUD is the open space, trail corridor, and skybridge proposed along the Maynard Border Ditch (See Appendix A.8 & Appendix I). The skybridge area will include a tiered system, with a 12-foot-wide trail on the ground and a 10- to 12-foot wide skybridge above. This tiered system will allow pedestrians safe dry passage north and south during winter snow or rainy weather when walking below the skybridge. The skybridge will be accessed via stairs in Open Space Lots 4, 5, and 6, with an elevator in Open Space Lot 5. At 18 feet tall from the ground to the bottom of the decking, the trail will extend over Field Street, Valley Commons, and the alleys. Once on top of the bridge, pedestrians will have a view of the surrounding area and mountains. The lots abutting the skyline bridge trail corridor can offer patio seating adjacent to the surface trail. A half-acre open space lot is planned at the intersection of the skyline bridge trail corridor and Valley Commons Drive. This park like setting will be the perfect venue for events on the lawn in the summer and ice skating in the winter. Another unique open space amenity will be the picnic area planned near the geographic center of the subdivision. Open Space Lot 2 lies at the intersection of Brookfield Avenue and Valley Commons Drive, and is to be developed as a food truck court with space for picnic tables. A paved surface is provided with adjacent roll top curb to allow for easy access of food trucks to this open space area. Staff Evaluation: The open space required to satisfy the Site’s commercial development, and that required to qualify for Performance Points, meet BMC standards. BMC 38.230.100.A Plan Review Criteria continued 7(f) Lighting; There are no proposed changes to the City’s lighting standards. 7(g) Signage. Deviation 22 would allow business signs on all sides of a building rather than just the façade that faces a street. Staff recommends Condition of Approval No. 10, to submit a 164 19028; CDB Staff Report for the Ferguson Farms II Preliminary PUD Page 39 of 67 Comprehensive Sign Plan with the Final PUD application, to clarify the BMC sign standards to be applied within the PUD Site and those that are to be amended. BMC 38.230.100.A Plan Review Criteria continued 8. Conformance with environmental and open space objectives set forth in articles 4—6, including: (a) The enhancement of the natural environment; There is no “natural environment” remaining on the Site as it has previously been in agricultural use and for years has been fallow with just an irrigation ditch flowing through the Site. (b) Watercourse and wetland protections and associated wildlife habitats; and Although deemed an “aquatic resource” and “water body” in various sections of the BMC, agricultural irrigation ditches in 38.700.210 are not defined as a watercourse requiring setbacks, although they do require easements for sufficient maintenance or inspections, per 38.410.060.D. The subdivision covenants would establish these commitments. 8(c) if the development is adjacent to an existing or approved public park or public open space area, have provisions been made in the plan to avoid interfering with public access to and use of that area; The closest park is a half-acre Valley Commons Park located approximately 800 feet east of the Site along Fallon Street. The Class I trails required by Condition of Approval Please forgive this WORD error in formatting 165 19028; CDB Staff Report for the Ferguson Farms II Preliminary PUD Page 40 of 67 No. 3 would facilitate public access to the nearby park. This criterion is positively addressed. BMC 38.230.100.A Plan Review Criteria continued 9. Conformance with the natural resource protection provisions of article 4 and article 6 There are no “natural resources” located on the Site or proposed for new development. 10. Other related matters, including relevant comment from affected parties As of the date of this staff report, November 23, 2022, no public comment has been received. 11. If the development includes multiple lots that are interdependent for circulation or other means of addressing requirement of this title, whether the lots are either: a. Configured so that the sale of individual lots will not alter the approved configuration or use of the property or cause the development to become nonconforming; or b. The subject of reciprocal and perpetual easements or other agreements to which the City is a party so that the sale of individual lots will not cause one or more elements of the development to become nonconforming; and There are six lots that do not meet Article 4, Section 38.400.090, Access requirements to have legal and physical access to a public street or approved private street. Those lots are to be restricted to parking structures by the Applicant in the Conditions, Covenants Apologies, again, for another WORD formatting error here 166 19028; CDB Staff Report for the Ferguson Farms II Preliminary PUD Page 41 of 67 and Restrictions (CC&R) document and per Condition of Approval No. 4 which requires the restriction to be recorded with the Gallatin County Clerk and Recorder. Figure 11: Lots restricted to parking structure use 167 19028; CDB Staff Report for the Ferguson Farms II Preliminary PUD Page 42 of 67 BMC 38.230.100.A Plan Review Criteria 12. Phasing of development Figure 12: Phasing Plan There are 7 phases of development over a 10 to 20-year period, depending upon market demand for the commercial spaces. The Applicant is requesting Concurrent Construction of all on-site and off-site street improvements and public infrastructure needed to accommodate this development. In this way, the lots would be “ready” for development when they are sold. The PUD, as the master site plan, would guide development over each phase of development. Although the application provides detailed drawings of each Block, the Applicant is advised that Community Development is deeming the phases and block drawings as “concept plans” on the scale of a master site plan; no development of a lot is 168 19028; CDB Staff Report for the Ferguson Farms II Preliminary PUD Page 43 of 67 “vested” or deemed approved. A subsequent site plan application will be required for each lot to be developed. With these conditions, this criterion is positively addressed. Conditional Use Permit Review Criteria, Section 38.230.110. E. In addition to the review criteria of section 38.230.100, the review authority shall, in approving a P-PUD as a conditional use permit, determine favorably as follows: 1. That the site for the proposed use is adequate in size and topography to accommodate such use, and all yards, spaces, walls and fences, parking, loading and landscaping are adequate to properly relate such use with the land and uses in the vicinity; Yes. The 31-acre Site is large enough to accommodate a development that meets the UMU standards. However, by choice, the Applicant is ‘filling up” the Site with development and parking such that he states he is not able to meet landscape setbacks, landscape buffers or trash enclosure screening requirements. The purpose of this PUD application is to seek deviations from UDC requirements to allow greater building heights, greater or lesser parking, less landscaping and a greater mix of land uses as principal uses within the development that would produce a superior environment in function and character. Likewise, the purpose of the PUD legislation is to offer greater flexibility to develop properties, particularly in-fill sites, while exempting them from certain City standards. Although the PUD Site is heavily designed and programmed and requires deviations and relaxations of UDU and other BMC standards, the 31-acres is generally an adequate size to accommodate this development and, therefore, satisfies this criterion. It is noted that the P- PUD, as a master plan, provides a concept of development of the Site. Lesser development of each lot would be allowed as each site plan is submitted for review and approval. 2. That the proposed use will have no material adverse effect upon the abutting property. Persons objecting to the recommendations of review bodies carry the burden of proof; Yes. The land uses proposed in the PUD relaxations are not expected to be out of character with commercial land uses in the area. The structures, at 87’ or 90’ in height, would be taller than buildings in the area. Although highly visible, there is no zoning protection of an existing “viewscape” by an adjacent property versus a new viewscape with taller buildings blocking distant vistas. The viewscape of distant mountains does not come with purchase of a property unless, prior to development, the “air space” is purchased by the interested neighboring property owner. The PUD’s Deviation 4, allowing buildings up to 90’ in height, is not expected to have a material adverse effect on abutting properties, most of which are zoned commercial (B-2) or mixed-use (R-O) residential and commercial (see Figure 2). The development opportunities of those properties would be unchanged. 169 19028; CDB Staff Report for the Ferguson Farms II Preliminary PUD Page 44 of 67 Section 38.230.110 3. That any additional conditions stated in the approval are deemed necessary to protect the public health, safety and general welfare. Such conditions may include, but are not limited to: a. Regulation of use; b. Special yards, spaces and buffers; c. Special fences, solid fences and walls; d. Surfacing of parking areas; e. Requiring street, service road or alley dedications and improvements or appropriate bonds; f. Regulation of points of vehicular ingress and egress; g. Regulation of signs; h. Requiring maintenance of the grounds; i. Regulation of noise, vibrations and odors; j. Regulation of hours for certain activities; k. Time period within which the proposed use shall be developed; l. Duration of use; m. Requiring the dedication of access rights; and n. Other such conditions as will make possible the development of the city in an orderly and efficient manner. Conditions of Approval 1 through 12 are deemed necessary to (1) protect the public health, safety, and general welfare of the community; (2) to clarify provisions of the PUD deviations to assist in enforcement measures; and (3) to mitigate potential safety impacts or concerns associated with approved or granted deviations. Section 38.230.110 F. In addition to all other conditions, the following general requirements apply to every conditional use permit granted: 1. The right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure; and 2. All of the conditions shall constitute restrictions running with the land use, apply and be adhered to by the owner of the land, successors or assigns, are 170 19028; CDB Staff Report for the Ferguson Farms II Preliminary PUD Page 45 of 67 binding upon the owner of the land, his successors or assigns, must be consented to in writing, and must be recorded as such with the county clerk and recorder's office by the property owner prior to the issuance of any building permits, final plan approval or commencement of the conditional use. The necessary recording of documents will be addressed as part of the final PUD plan process. Conditions 3, 7, 8, and 9 are related to this issue. Planned Unit Development Review Criteria, Section 38.430.090.E. The application presents the Applicant’s response to these criteria. 2. In addition to the criteria for all site plan and conditional use reviews, the following criteria will be used in evaluating all planned unit development applications. a. All development. All land uses within a proposed planned unit development must comply with the applicable objectives and criteria of the mandatory "all development" group. (1) Does the development comply with all city design standards, requirements and specifications for the following services: water supply, trails/walks/bike ways, sanitary supply, irrigation companies, fire protection, electricity, flood hazard areas, natural gas, telephone, storm drainage, cable television, and streets? The following PUD designs do not comply with City design standards for pedestrian trails and walkways and, therefore, the Applicant requests these deviations and waivers.  Deviation 11 allows buildings to be built to the lot lines along the Landscape Block Frontage (BF) areas which eliminates the 10’ landscaped buffer between the street right-of-way (ROW) and the building façade;  Deviation 12 allows for a waiver from the minimum 10’ landscape buffer between the street and the Block 3 parking lot;  Deviation 13 allows for a waiver from placing a landscaped private porch, patio space and/or pedestrian-oriented space between the street and the building;  Deviation 14 waives the 25’ landscaped setback from the property line along the Gateway Block Frontage and allows buildings to be built to the property lines;  Deviation 15 allows buildings to be built to the edge of trails, easements and property lines rather than be setback 20’;  Deviation 16 waives the requirement for “foundation plantings” (3’ landscaping against the building façade) where sidewalks or pedestrian pathways border a building; and 171 19028; CDB Staff Report for the Ferguson Farms II Preliminary PUD Page 46 of 67  Deviation 17 waives the requirement that sidewalks must be a minimum of 12’ wide along buildings of 100’ feet in length or more and that abut parking lots. Deviation 26 does not comply with City design standards for water, sanitary sewer and storm sewer systems. The Applicant seeks alternate water, sewer and storm water facility locations. This deviation would be evaluated by the Director of Transportation and Engineering. The PUD would waive landscaped setbacks from property lines for all buildings and, particularly, for the 64’ tall and 90’ tall buildings. The concept site plans and concept landscape plans show sidewalks and trees within the sidewalk. Figure 13: Block 7 Valley Commons Drive streetscape Applicant’s Justification Deviation 9. The Applicant is requesting to reclassify the external Storefront Block Frontage streets to the block frontage standard “Other” using the Community Design Framework Master Plan BMC 38.510.030.L. “The Applicant is requesting a relaxation to invoke the Community Design Framework Master Plan to reclassify the external streets (Resort Drive, Fallon Street and Ferguson Avenue) block frontage from Storefront to Other. These streets were originally designed prior to the formulation of any design intent for this project. Since that time our design intent has changed to draw people into the center of the district and to create a walkable district within our site. The current Storefront Block Frontage standards require the opposite of our design philosophy in that they want buildings fronting the external streets and parking lots interior to the site. Building is here 172 19028; CDB Staff Report for the Ferguson Farms II Preliminary PUD Page 47 of 67 When looking at the site as a whole it become very difficult to create a walkable district along the perimeter streets due to the sheer length of frontage. When you focus development on this site inward it allows for buildings to be closer together and thus creating a more walkable mixed use area. As a result of this the parking lots are required to be located on the outside of the site which isn't currently allowed on the storefront block frontage. We believe that reclassifying these block frontages as “Other” will allow for a more walkable, human scaled design.“ “Reclassifying the Block Frontage to “Other” allows for the parking lots to be adjacent to the street when they are adequately screened. This reclassification would allow us to realize our design vision of creating a mixed-use district. The parking lots that border the external streets would be designed to incorporate adequate screening as required in the “Other” block frontage standards.” “Finally, this proposed change meets the criteria for change outlined in 38.510.030.L. The site has been configured with the pedestrians in mind. The main principal is to pull people into the center of the site toward Valley Center Drive. Valley Center will act as the Main street for this project. Another reason why we choose this center main street approach is the large nature of the site. With the Storefront Block frontage on the exterior of the site it makes a really unwalkable environment because of the long distances one would have to travel to get from business to business. Additionally these road are major throughfares through town and don’t offer a pleasant pedestrian experience. Additionally, the design regulations and the community plan look to show that our project will be more successful and a better community asset if these block frontages are reclassified. The design regulations require a specific level of detail and finish to make this buildings nice on all sides. The regulations also require that that the buildings meet the setbacks and block frontage standards for each lot.” Deviation 10. Code Reference Table 38.510.030.C - Landscaped Block Frontage Standards: Allow surface parking up to 100% of the street frontage. “Justification: The Applicant is requesting a relaxation to waiver the requirements for the location of parking to allow for parking lots to front 100% adjacent to the street. We believe that with proposed landscaping around each of the parking lots the visual impact of them will be greatly reduced. We believe the intent of limiting the parking to a percentage of the frontage is to control the visual impact of the parking. We believe that the added landscaping will effectively mitigate that concern.” Deviation 11. Code Reference Table 38.510.030.C - Landscaped Block Frontage Standards: Allow buildings to be placed to the edge of the property lines. “Justification: The Applicant is requesting to be exempt from the Landscaping block frontage building placement standards. The lot lines have been strategically drawn to show a possible building footprint to give a perspective buyer a better understanding of what can be built on this lot. All lots have been drawn to incorporate a 10’ landscaping buffer from the front of the building to the back of the sidewalk. Additionally, this shifts the maintenance responsibility from the Property Owner to the HOA. This will 173 19028; CDB Staff Report for the Ferguson Farms II Preliminary PUD Page 48 of 67 ensure that all landscaping will be maintained and have a cohesive feel. All lots will still have a landscape buffer between the back of the sidewalk and the front of the building.” Deviation 12. Code Reference Table 38.510.030.C - Landscaped Block Frontage Standards: Allow for a reduction in the minimum 10’ landscape buffer between the street and off- street parking areas for block 3 (Hotel & Parking lot). “Justification: the Applicant is requesting a 4’ reduction in the required 10’ landscape buffer to screen parking lots. This location is bound on both sides by road ways that line with other access points or are fixed by access distance standards. This finite space makes it challenging to balance the need to screen the parking and also provide parking. We believe that this 4’ reduction will allow both goals to be achieved. We can still adequately screen the parking lot in the 6’ landscaping strip and also not lose any parking. Additionally, in several locations where we need this reduction, the addition of personal garages in the middle will also help break up the visual scale of the parking lot. These garages will, visually, cut the parking lot in half and will create a denser environment. We believe that this area will feel dense with the provided landscaping and the garages and will force driver to slow down. This result will create a safer pedestrian and driver experience. If this relaxation cannot be supported we would request that this be added as a condition of approval as it will require significant redesign work that will causes us to miss the tight adequacy window. Deviation 13. Code Reference Table 38.510.030.C - Landscaped Block Frontage Standards: The area between the street and building must be landscaped, have a private porch or patio space, and/or pedestrian oriented space. “Justification: The Applicant is requesting a relaxation to exempt block 7 from requiring landscaping between the Valley Commons Drive and the building on the east and west side. Block 7 is envisioned as a one of the commercial hubs within the district. The intention for this area is to have a dense urban feel. The Applicant is committed to providing trees and benches in the 10’ sidewalk to help with visual interest at the pedestrian and motorist scale. We imagine these two sections (along Ravalli and Brookfield) will have a similar feel to say the downtown Co-Op building along South Black Avenue. The street will be activated with the street trees, benches and bike racks and the buildings will likely have great architectural detailing and glazing. We believe that these street trees and streetscape improvements will further the identity of our project, truly making this a district. All other landscape block frontages will have a 10’ landscaped buffer between the lot line and the back of the sidewalk. This is built into the plan because of the way the lot lines are drawn. The intention for drawing the lot lines that way allows for all the maintenance and upkeep to be controlled by the HOA. This will allow for the district to have a very cohesive feel. While the HOA will maintain these landscaping buffers, the landscaping will be installed when each individual lot owners goes through the site planning process.” 174 19028; CDB Staff Report for the Ferguson Farms II Preliminary PUD Page 49 of 67 Deviation 14. Code Reference Table 38.510.030.E - Gateway Frontage: Allow buildings to be built to the property lines. “Justification: The Applicant is requesting to be exempt from the gateway block frontage building placement standards. The lot lines have been strategically drawn to show a possible building footprint to give a perspective buyer a better understanding of what can be built on this lot. Exempting these buildings from the building placement standards shifts all of the landscaping and open space maintenance onto the HOA, which intern ensures that it is kept in a nice condition. The Gateway standards require a minimum building setback of 25’. All of our proposed buildings are currently separated from Huffine Lane by an open space tract of land that is 47’ wide. This 47’ strip of open space is almost double the required building placement standard.” Deviation 15. Code Reference Table 38.510.030.I - Block Frontages - Trail/Park Frontages: Be allowed to place buildings to the edge of the trail, easements and property lines. “Justification: The Applicant is seeking an exemption to the required setback from a trail, easement or property line. The Applicant team is seeking to place buildings up to the edge of the trail easement and property line. The lot lines have been strategically drawn to show a possible building footprint to give a perspective buyer a better understanding of what can be built on this lot. Additionally allowing buildings to be built to the property line will help with the creation of a unique district similarly to what is seen around the country near rivers. A successful example of this occurs, in Reno, Nevada (Reno River Walk) where several businesses front along the Truckee river creating this unique walkable district. In that district pedestrians are able to walk along the river for miles where they are able to interact with nature in certain locations and also frequent businesses. We believe that allowing building to be placed at the edge of the easement will allow for a creative and innovate approach to commercial development. It will prioritize the pedestrian over the car and will create a much safer and vibrant district.” Deviation 16. Code Reference 38.520.040.D.3 - Pathway Design: Eliminate pathway separation standard. “Justification: The Applicant is requesting a relaxation to place buildings up to the edge of sidewalks thereby eliminating the pathway separation standard of the UDC. We believe that the intent of that standard is to enhance the overall character of the walkway. We believe that this overall dense nature of this district will create character for these walkways. In looking around town at the other dense commercial districts this standard does little to create character. The character of the pathways is defined by the architecture and the street furniture placed along the road. We believe that the architecture and dense nature of the commercial district will create enough character for the pathways. Furthermore the 3’ of landscaping will likely be a waste of space when trying to create a dense environment. Additionally, it would be challenging to get enough light for landscaping to survive on pathways along the north side of the buildings. If this relaxation cannot be supported we would request that this be added as a condition of approval as it will require signification redesign work that will causes us to miss the tight adequacy window.” 175 19028; CDB Staff Report for the Ferguson Farms II Preliminary PUD Page 50 of 67 Deviation 17. Code Reference 38.520.040.D.4 - Pathway Design: Provide sidewalks of less than 12-feet in width. “Justification: The Applicant is requesting a relaxation to modify the sidewalk width for multi-tenant commercial buildings larger than 100’ abutting a parking lot. This request is specifically tied to block 7 and 8. The current pathways are drawn at 10’ which matches and the current Ferguson Farm I. The way these lot are drawn, it is possible that a potential buy would purchase all of the lots in this block and building a single large building, which could result in a building being over 100’ long. For these 2 blocks the 10’ pathway is envisioned to be the rear of the building. The main entrance would have a 18’ wide sidewalk. We believe the intent of this standard is to apply to larger strip mall style developments, where several buildings are located on the same site only connected by parking lots and drive isles. In the case of block 7 and 8 each lot would have a primary entrance facing Valley Commons Drive. We believe that 10’ is more than ample width for a secondary entrance abutting a parking lot. Finally, just to reiterate, it is the intention to match the pathway width already constructed at Ferguson Farm I.” Staff Evaluation: Except for those standards proposed for deviation or waivers, and those subject to staff-recommended conditions of approval to mitigate potential adverse impacts to the City or vicinity, the application conforms to remaining applicable BMC PUD criteria and standards. Section 38.430.090.E.2.a (2) Does the project preserve or replace existing natural vegetation? Staff Evaluation: Partially. The project proposes the relocation of the agricultural irrigation ditch that transects the Site in a north-south orientation. Existing trees, shrubs and grasses along the water’s edge would be removed. The new location of the ditch would be landscaped per the concept landscape plan. The Class I trails along Ferguson and Huffine frontages of the Site would be enlarged from 8’ to 10’ rather than the Class I trail standard of 12’ width. However, the grasses that border those paved trails, and their replacement “native species” grasses, are not deemed “natural vegetation”. The PUD concept landscape plan shows landscaping, including trees, along pedestrian corridors and within the substantial number of surface parking lots. The concept landscape plan shows landscaping along street corridors, common parking lots and open space areas. Condition of Approval No. 5 would maximize the health of parking lot trees while maximizing the comfort of pedestrians. 176 19028; CDB Staff Report for the Ferguson Farms II Preliminary PUD Page 51 of 67 Section 38.430.090.E.2.a (3) Are the elements of the site plan (e.g., buildings, circulation, open space and landscaping, etc.) designed and arranged to produce an efficient, functionally organized and cohesive planned unit development? Staff Evaluation: Yes. The Applicant proposes a phased PUD and asks that all phases be approved simultaneously with the PUD pursuant to 38.430.070. To request this phased approval, the Applicant has provided detailed “concept plans” for each Block and Lot within the PUD Site. The Site may even be deemed “overbuilt” as the Applicant is seeking waivers from setbacks, landscaping and, even, trash enclosure screening in order to “fit” the development within the Site. Nonetheless, the August 24, 2022 revised PUD phasing plan proposal is cohesive and has a variety of coordinating elements ranging from design standards to physical site, circulation, open space and landscape designs. The BMC waivers and deviations affecting the Site organization are noted below along with the Applicant’s justifications for each. Deviation 1: Allow convenience uses, sales of alcohol for on-premise consumption, outdoor sale of goods in common open space areas, and allow food courts within common open space areas as principle uses. These uses are new uses to the UMU District as principal uses and would be added to the PUD to support both indoor and outdoor food service and entertainment venues within the Site. Applicant’s Justification: “UDC Table 38.310.040.A requires a Conditional Use Permit for convenience uses, and a Special Use Permit for sales of alcohol for on-premises consumption uses within the Urban Mixed-Use District (UMU). The Applicant is requesting these uses be designated as Principal uses within the PUD boundaries. The overall intention of this project is to create a mixed-use district that draws and retains customers for multiple purposes. The Community Plan indicates a way to bolster districts around town to encourage more mixed use developments. We believe that adding these uses by right will help further this goal of creating. Furthermore this project is within the Community Commercial Mixed Use Future Land Use Category, which stresses that, “Mixed use area should be developed in an integrated, pedestrian friendly manner and should not be overly dominated by any single use.” These additional uses are fundamental to the creation of this district. When you look at similar thriving districts (Cannery District, Downtown, North East Neighborhood, and Ferguson Farm) the majority of them all share similar uses. Furthermore, in terms of compatibility of adjacent uses, none of the proposed additional uses will negatively impact another use. We believe that the inclusion of these uses will in fact help in the creation of a vibrant district.” Deviation 2: The UMU zone requires a mix of uses and a minimum of two different uses within each site plan. The Applicant seeks a waiver from this standard of 38.310.050.B to allow a single use, such as a wholly office or retail building on a specific lot. 177 19028; CDB Staff Report for the Ferguson Farms II Preliminary PUD Page 52 of 67 Applicant’s Justification: “The Applicant requests that the entire development be exempt from requirements that two different user groups of uses must be shown within each site plan. We believe the intention of this standard is require a mix of uses across a site. This site is unique in that it is much larger than your typical lot going through the site plan process. The intention for this project to have a wide range of compatible uses across the entire site. Furthermore, it is envisioned that lots will be sold and each individual owner will be required to go through the site planning process for their project. In doing this each owner would be required to demonstrate that there is a mix of uses within each building. We believe the intention for this standard will be met across the whole site over the life of the project. Adding this flexibility to each lot allows for the possibility of a single anchor tenant to come to the site. We believe that as a whole this project will have a variety of uses similar to Ferguson Farm II and it will be vital to the success of the district. That said the added flexibility allows for the creation of this district to happen organically.” Deviation 3: Within the UMU zone, no use group may exceed 70% of the total gross floor area of the Site. “Justification: Similarly, to the relaxation above the Applicant is requesting a relaxation to allow the calculation of use groups percentage be over the total project area and not on an individual site by site basis. Allowing this to happen will allow flexibility in how each lot is developed. By our square footage estimates no single use would be any where close to the 70% threshold but by relaxing this requirement will allow for flexibility in how each site is developed, which ultimately will allow for this mixed use environment to occur naturally.” Deviation 4: Increase the maximum building height from 60’ to 90’. “Justification: Maximum allowable building height within the Urban Mixed-Use District is 60’ for buildings that do not provide structured parking, or 85’ for those when structured parking is present and provided per UDC Section 38.330.040.E.2 (please note, this reference standard does not appear related to this note for height expectations within UMU zones). The Applicant is requesting that the maximum allowed building height for this project be 90’ feet regardless of the presence of structured parking. This increase in allowable height offers opportunities for creative site design, a broader mix of uses and increased density. Additionally, the added height and density will ensure that the more commercial uses in nature will further the design objective of creating a district. By increasing the height and density it will allow for the creation of a more walkable district that can support the residents of this project but also the residents of adjacent neighborhoods. Goal DCD—2.4 of the Community Plan states, “Evaluate revisions to maximum building heights limits in all zoning districts to account for contemporary building methods and building code changes.” in several locations the Community Plan indicates both directly and indirectly that added height (with good transitions) is better for creating walkable, more sustainable districts.” [Note: there are no residents of this “project”] Deviation 5: Allow six lots dedicated to parking structures and located within parking lots to not have legal and physical access to a public street, approved private street or alley (see Figure 11 on page 41). 178 19028; CDB Staff Report for the Ferguson Farms II Preliminary PUD Page 53 of 67 “Justification: The Applicant is proposing to construct a bank of garages in Blocks 3, 6, 7, and 8. These garages will be available (to be purchased) for property owners or building tenants within the development, and each garage is envisioned to be able to provide the possibility to utilize mechanical automobile lifts to allow for additional garage parking. As shown on the Preliminary Plat and Preliminary PUD Plan, Block 3, Lots 1B & 1C; Block 6, Lot 4; Block 7 Lots 1B & 1C; and Block 8, Lot 1B do not meet the access requirements of the UDC. A relaxation to this standard is requested to allow for these lots to be plated without meeting the legal and physical access standards. There is a public access easement across the parking lots allowing the potential owners of those lots to have both legal and physical access to the garages. These lots will be deed restricted as required by the City of Bozeman.” “These lots will only be used for the creation of garages, and therefore traditional access standards are not necessary for these structures. Once these lots and the adjacent lots are developed, these garages will be served by access drives within developed parking lots, which will ensure drive access is provided in some manner to these buildings.” “The creation of these lots and ultimately the construction of these garages will help break up these parking lots and create a more urban environment. The garages themselves will also act as a traffic calming measure in the parking lots due to the height and narrowing effect. The addition of these garages will also promote pedestrian safety because it will force pedestrians to walk to a designated pathway instead of cutting through the parking lot spaces. A similar idea was implemented in the parking lot of the Jacobs Crossing building on Main Street.” Deviation 6: Allow back-in angle parking along all internal streets and alleys. Justification: The Applicant is requesting to utilize back in angled parking for Valley Commons Drive, Brookfield Avenue and along the Alleys. The Traffic Impact Study indicates this type of angled parking will provide additional traffic calming and it further identifies successful examples of back-in angled parking in the right of way. Furthermore, the Applicant has agreed to sign a maintenance agreement and put a note on the plat identifying that the HOA is required to maintain the back in angled parking areas. Finally, all transition curb radii are 25’. [Note: This is not a zoning standard and must be evaluated and addressed by the Transportation and Engineering Department.] Deviation 7: 38.510.020.F, Multiple Frontages. When a lot or building fronts onto multiple block frontages or internal frontage designations, each building must comply with the standards for the block frontage upon which it is located such as building setbacks, entrances facing the street, and windows and other transparencies. This deviation would waive the requirement that the building(s) have an entrance facing each street. “Justification: The Applicant is requesting that buildings not be required to meet the requirements of subsection 4 which requires buildings to be placed at the corner of an intersection and present a front and primary façade to both street frontages. There are a few locations where we proposed public open space at the street corners. The design intent with these public open spaces was to create a small gathering space for people to stop sit at. The way the street intersects in these locations create really 179 19028; CDB Staff Report for the Ferguson Farms II Preliminary PUD Page 54 of 67 awkward triangle pieces of land. Rather than expand the overall building footprint we thought this would be a great spot for some placemaking. These inviting landscaped areas will enhance the overall feel of the intersection and will offer some green space in this dense urban environment. We believe that these small placemaking efforts will help in the creation of a unique vibrant district. We believe that this area would function similarly to Sir Optimist Park but on a different scale.” Deviation 8: 38.510.020.F, Multiple frontage lots. Each building on a lot must “address” (have an entrance on and primary façade treatments on) each street frontage. Surface parking adjacent to a street corner is not allowed. “Justification: The Applicant is requesting an exemption to subsection 7, which would allow for the placement of surface parking adjacent to a street corner. Subsection 7 allows for parking lots to be adjacent to the street corner if there is a combination of block frontages and if the Applicant can demonstrate that they are adequately satisfying the departure criteria. We believe that there will be adequate landscaping surrounding the parking lots reducing the visual impact of the parking lot. The exterior parking lots are planned to be screened via a variety of trees and shrubs. We believe that the visual impact of the parking lot will be fairly minimal given the significant landscaping proposed.” Deviation 18: 38.520.070. Exempt trash enclosures from the minimum 5 feet landscape screening requirement for all four sides. “Justification: The sides and rear of service enclosures must be screened with landscaping at least five feet wide in locations visible from the street, parking lots and pathways. The refuse areas on Block 4, Lot 4 does not meet the minimum width of landscape screening on all sides. The proposed refuse collection areas have been located where they will be easily accessible for trash pickup; support the surrounding uses; and far enough from buildings to not be noticeable. The trash enclosures will be fully enclosed, covered and will include adjacent landscaping where possible. For Block 4, Lot 4 there will be landscaping on 1 of the 3 sides. We believe that this trash enclosure will be adequately screened from Huffine lane due to the adjacent buildings as well as the landscaping proposed behind the dumpster. This dumpster will also be enclosed in the required enclosure virtually screening the dumpster from all sides. Please see the landscape plans for demonstration of how this dumpster will be adequately screened. We believe that the intent of this standard to minimize the visual impact that dumpsters can have on a site design. We believe that this standard is achieved by creating a home for the dumpsters to live in. If this relaxation cannot be supported we would request that this be added as a condition of approval as that dumpster is not pivotal to the design of this project and can be removed prior to final PUD and Plat.” Staff Evaluation: The rear of the trash enclosure is placed at the lot line of Lot 4, Block 4 and is visible from the Gateway Block Frontage area of Huffine Lane. There is no assurance that 180 19028; CDB Staff Report for the Ferguson Farms II Preliminary PUD Page 55 of 67 buildings would be situated on either side of the trash enclosure to screen it from view from Huffine Lane. Staff does not support this deviation; please see Condition of Approval No. 6. Figure 14: Proposed Lot 4, Block 4 trash enclosure Overall, staff has no objection to the other 25 deviations and waivers. The Applicant trusts that the “market” for commercial space will guide lot-by-lot development, over time. However, if the Site requires the requested deviations and waivers in order to achieve the Applicant’s development objectives and in order to “fit” the development within the 31-acre Site, the Site may be deemed “overbuilt” and subsequent individual lot site plan applications may not achieve this plan’s ambitious level of development. Section 38.430.090.E.2.a PUD Design Objectives and Review Criteria (4) Does the design and arrangement of elements of the site plan (e.g., building construction, orientation, and placement; transportation networks; selection and placement of landscape materials; and/or use of renewable energy sources; etc.) contribute to the overall reduction of energy use by the project? Deviation No. 19: Waiver of the minimum and maximum parking requirement of the UMU District’s 38.330.010.F 1 and Table 38.540.050-3 for all uses within the PUD. “Justification: The Applicant is requested a 100% relaxation to the City’s off street parking requirements. The relaxation request would allow the PUD to self-regulate uses based on parking demand and the PUD offers 660 off street parking spaces within the surface parking lots and 175 on street parking spaces for a total of 835 spaces available. While the precise uses for this project are TBD, the total square footage potential shown in the 3-D exhibit is approximately 894,177 sf. This includes: 135,464 sf - Retail, Restaurant, Commercial, Bar Trash enclosure with vegetative screening only on one side 181 19028; CDB Staff Report for the Ferguson Farms II Preliminary PUD Page 56 of 67 246,081 sf - Office 368,072 sf - Hotel and Hotel Units 95,200 sf - Medical 27,235 - Structured Parking 22,125 sf - Garage Condo Units Parking required for this project would be approximately 1555 spaces, (after reductions for adjacency to transit routes, adjacency to Storefront Block Frontages, and joint use reductions of 30% as specified in the TIS). Additional details on the parking assumptions are included in the overall project narrative. Total parking provided for this project is 883 total spaces, and includes on street parking and the pro-posed garages (one space per garage). Parking minimums often have dramatic impacts on the way we plan projects and are often not based on any science. We believe that not requiring a parking minimum allow us to provide parking based on what we believe the demand will be. As we know, the demand for current and future parking is shifting throughout Bozeman with services like Uber and Lyft, the expansion of Streamline services, and the vast network of active transportation pathways. Exempting Ferguson Farm II from parking requirement will also further several goals and policies of the community plan including: M-1.12- Eliminate parking minimum requirements in commercial districts and affordable housing areas and reduce parking minimums elsewhere, acknowledging that demand for parking will still result in new supply being built. DCD-3.6 - Evaluate parking requirements and methods of providing parking as part of the overall transportation system for and between districts. Theme 3 - A City is bolstered by downtown and complementary districts. Our city is bolstered by our downtown, midtown, university and other commercial districts and neighborhood centers that are characterized by higher densities and intensities of use. Ferguson Farm II is located within the Cottonwood district and is in a prime location for infill development. Infill development can reduce the demand on the transportation network by creating employment opportunities near residential neighborhoods. Encouraging infill development also improves the efficiency of public services and reduces the outward expansion of the city. Specifically, the efficiency of the use of land within our district will increase with the reduction of the amount of on-site parking spaces. Allowing this relaxation will allow for greater flexibility for Ferguson Farm II and it reflects best practices in the provision of parking by allowing property owners to building only the number of parking spaces needed to meet parking demand.” Deviation 20: Waive the 38.540.050.A.4.b requirement that bicycle parking be located within 100 feet from the building to which they serve. “Justification: The Applicant is requesting a relaxation to exempt this project from the bicycle parking location standards. The Applicant has strategically placed the bike parking throughout the project but rather than have each building provide its own bike parking we are proposing to have it in centrally located locations. Exempting from this requirement will ensure that the HOA maintains keeps in working order these bike parking areas. We envision the bike parking areas to function similarly to how the downtown 182 19028; CDB Staff Report for the Ferguson Farms II Preliminary PUD Page 57 of 67 blue bike parking works in the summer. These logical locations for bike parking help to ensure pedestrian safety and limit the number of bikes on busy pedestrian and vehicle travel ways. Furthermore, several sidewalks have been strategically drawn to accompany a bike rack, bench and tree.” Staff Comment: This request for bike rack location does not include an exemption or waiver from the UMU 38.330.010.F.3 requirement that 50% of the bicycle parking provided within the PUD be covered; that requirement remains. Deviation 21: Waive the requirement for loading zones within the PUD Site per 38.540.080. “Justification: The Applicant is asking to not provide for loading berths for individual buildings. Should loading berths be necessary to serve the development, the Applicant will propose such berths during future Site Plans. The alleys are designed to be 26’ wide and have back-in angle parking. We believe there is adequate room for a lot or building to take deliveries off the alley and not disrupt the district.” In order to ensure that deliveries to the site will not impact site circulation or traffic, the Applicant will be willing to include in the CCRs that deliveries would only be allowed overnight or during appropriate off hours. Furthermore, the Applicant is willing to restrict parking in those back-in angle spots along the allow to not allow overnight parking, allowing larger trucks a spot to pull off the travel lane and conduct their delivery.” [Note: Since the August 24, 2022 revised PUD application, the Applicant has withdrawn the mitigation described in the strike-through text above.] Staff Evaluation of parking deviations and waivers: The Applicant seeks no minimum or maximum parking requirement. Rather, they propose to provide substantial parking along the periphery of the Site, all of which would be shared by tenants within the Site. The development offers some lots for parking garages for tenants who wish a secure parking space; one not shared by others. The Applicant trusts that the commercial tenants recruited or attracted to the Site would be satisfied with this shared parking arrangement which would be a requirement in the subdivision’s recorded CC&R (Covenants, Conditions & Restrictions) document. The BMC parking standards do not “trust the market” to provide all the parking needed for this insular commercial development, but it has been demonstrated in midtown and downtown Bozeman that reduced parking standards do create a more dense and vibrant urban environment. The proposal would provide about 88% of the number of parking spaces normally required by the BMC for the type of commercial uses proposed for the Site. Since the Site is a dense urban development, if more parking is required by commercial tenants (and their customers), the Applicant has set aside 6 lots for construction of multi-level parking garages. Staff experience tracking and managing parking in FFI has been an administrative burden with the significant number of different and varied tenants and uses typical of a mixed use district. The significant staff, Applicant, and tenant time spent tracking and accounting for parking provides little benefit to the overall project and City. The 183 19028; CDB Staff Report for the Ferguson Farms II Preliminary PUD Page 58 of 67 alternative proposed here, with the development ultimately responsible for their own parking and intensity of use, is more in line with planning and parking best practices that limit or eliminate parking requirements in mixed use districts. Staff has no objection to these deviations and waivers. The UMU standards for bicycle parking require 50% of those provided to be covered; this standard is not waived by the PUD. Deviation 22: Allow signs on all visible sides of the building, not just street frontage facades, allowing wall signs on walls adjacent to streets, interior pedestrian walkways, alleys, parking lots and open space lots. “Justification: The Applicant is requesting a relaxation to allow signage to be visible on all sides of buildings not just the street frontages. One of the main themes in the Community Plan indicates Bozeman is bolstered by its downtown and the supporting districts and signage plays an important role in creating and defining a district. We believe that allowing signage on all sides of buildings will help create this unique vibrant district. Allowing signage on all sides of the buildings can used as enhanced placemaking opportunities. Examples of this can be found in the alleys of downtown Fort Collins, or the River Walk District in Reno. Furthermore, the Bozeman Downtown Plan documented the importance of activating spaces along alleys and one way to achieve this was through signage. We believe this relaxation will allow us to further our vision for this district and truly create a unique district in Bozeman. Due to the unique nature of our project we believe that people will be accessing each building from all sides which makes signage very important. Signage on all sides of the building has potential for better building façade design. With more room to allocate the allowed signage allows for better sign placement without creating visual pollution. Additionally, we are not requesting the allowance to allocate more signage per building so there will potentially be less signage on each side of the building reducing any visual concerns. Signage on all sides of the building will play a huge part in creating this unique place.” [Note that a Comprehensive Sign Plan is required per Condition of Approval No. 10 to be submitted with the Final PUD application and shall be approved with the Final PUD.] Deviation 23: Allow alternate street and road right-of-way width and construction standards. Deviation 24: Allow alternate street section designs. Deviation 25: Allow 8’ wide Class I shared use path along the Fallon Street and Resort Drive alignments instead of the standard 12’ wide. Deviation 26: Allow alternate water, sewer and stormwater facility locations. [Note: Deviations 23 through 26 must be evaluated and addressed by the Director of Transportation and Engineering prior to City Commission review and consideration of this P-PUD and the Preliminary Plat applications.] Applicant justifications: 184 19028; CDB Staff Report for the Ferguson Farms II Preliminary PUD Page 59 of 67 The Applicant is requesting to vary from the standard ROW widths. “Justification: The Applicant requests the relaxation from standard Right-of-way widths to accommodate the reverse crown street drainage and angled-in parking. The variable right-of-way widths are also designed to accommodate the variable sidewalk widths and street trees along storefront (north side of Valley Commons Drive) block frontages. Additionally, the Applicant is requesting to utilize a reverse crown cross section for all roadways within this project. A reverse crown cross section has been proven to be a good design with examples of Ferguson Farm I and also in Grand Lake Colorado. The intention is to provide positive drainage away from the sidewalk and parking areas. This creates safer and more walkable conditions especially in the spring months. “In summary, the required ROW width is 60 feet for Local Streets. The proposed ROW widths all meet or exceed this requirement with the one exception of Ravelli Street, which has a 51-foot-wide ROW. It should also be noted that the proposed ROW widths have been reviewed and deemed acceptable by the City Engineering Department.” The Applicant is requesting to vary from the standard Street Section design. “Justification: The alternate street sections proposed throughout the subdivision are designed to provide enhance drainage to the center valley gutter and allow water to flow out of the angled back-in parking. The variable sidewalk widths and boulevards are designed to promote the walkability of the development while meeting the City of Bozeman’s requirements for parking screening and block frontages. Additionally, the reverse crown drainage of the road is designed to be similar to the commercial development west of the property – Ferguson Farm. It is intended to provide a more contiguous feel between the development and promote walkability and internal capture rates for traffic within the development.” Application is requesting to vary the shared use path width proposed along Fallon Street and Resort Drive to match existing trails across the street. “Justification: This relaxation has been requested to provide a more contiguous feel with the adjacent developments. The existing shared use paths along Resort and Fallon are currently paved at an 8-foot width. The intent is to provide the shared use paths without creating awkward and unnecessary transitions and promote the overall walkability from surrounding developments. Additionally, this 8’ wide path will match what is existing across the street. Finally, we have request that the block frontage on these street be reclassified to “other” through a PUD Relaxation. In the Block Frontage Other, the required sidewalk width is 6’. On November 29th, the Applicant team met with the engineering department to go over their comments in that meeting it was agreed that Resort and Fallon could match the 8’ pathway on the other side of the street and the pathway along Ferguson would be widen to 10’ with the ability to make it wider. If required a 12’ pathway is now required by the engineering department we would request that this be a condition of approval. “ 185 19028; CDB Staff Report for the Ferguson Farms II Preliminary PUD Page 60 of 67 Municipal water, sanitary sewer and storm sewer systems. Proposing alternate water, sewer, and storm locations. “Justification: The alternate locations of the proposed utilities is required to accommodate the alternative storm sewer locations as a result of the reverse crown street section. Although the layout of the water, sewer, and storm mains is somewhat unconventional, all the design standards are still met and 11 feet of separation between mains is maintained. It should also be noted that the proposed utility configuration has been reviewed and deemed acceptable by the City Engineering Department.” [It is also noted that the design and arrangement of the lots and streets do not address energy use or reduction of energy use by the project. The substantial amount of surface parking would result in a “heat island” effect. The placement of shade trees, as noted in Condition of Approval No. 5, would partially mitigate such heat island impacts to parking lot users. The street network within the Site would be integrated into the existing and developing surrounding pedestrian and bicycle network which will enable multimodal travel for nearby residents without motor vehicles.] Staff Evaluation: The numerous surface parking lots produce a design that does not contribute to the overall reduction of energy use by the project. However, with the recommended Conditions of Approval and BMC code provisions for the Final PUD submittal, particularly Condition No. 5 addressing the heat island effect of the multiple paved parking lots, the proposed design would produce a more comfortable, safer, and less energy consumptive project. Section 38.430.090.E.2.a (5) Are the elements of the site plan (e.g., buildings, circulation, open space and landscaping, etc.) designed and arranged to maximize the privacy by the residents of the project? Staff Evaluation: There are no residential uses proposed for this PUD although they are permitted by the UDU zoning. The PUD does not seek a waiver from the 38.510.030.J Special Residential Block Frontage Standards that assure privacy, safety and security for any ground floor dwelling unit that may, in the future, be provided within the PUD Site. Section 38.430.090.E.2.a (6) Park land. Does the design and arrangement of buildings and open space areas contribute to the overall aesthetic quality of the site configuration, and has the area of park land or open space been provided for each proposed dwelling as required by section 38.420.020? Staff Evaluation: Commercial development is not required to provide parkland. No parkland is proposed with this development. The open space areas shown in Figure 6 appear to be 186 19028; CDB Staff Report for the Ferguson Farms II Preliminary PUD Page 61 of 67 spread out throughout the Site to be enjoyed by visitors, customers and employees of the Site. Section 38.430.090.E.2.a (7) Performance. All PUDs must earn at least 20 performance points. With a PUD, Section 38.430.090.E.2.a. (7) requires at least 20 performance points for the subject property. There are 11 options provided in the Unified Development Code (UDC) to meet this requirement. The Preliminary PUD must specify how the performance points are being met. The Applicant provides the following details on how the performance points are met for this P-PUD. Table 2 187 19028; CDB Staff Report for the Ferguson Farms II Preliminary PUD Page 62 of 67 Section 38.430.090.E.2.a (8) Is the development being properly integrated into development and circulation patterns of adjacent and nearby neighborhoods so that this development will not become an isolated "pad" to adjoining development? Staff Evaluation: The application proposes to expand an existing Ferguson Farm I (FF-I) commercial center located immediately west of the Site. That commercial development and this proposed PUD development will be heavily automobile dependent. The proposed development focuses commercial development interior to the Site with surface parking lots bordering the Site along public street frontages. This design does not facilitate integration into adjacent neighborhoods nor does it improve connectivity and integration into the community. This criterion is not met. 38.430.090.E.e. Mixed Use. Planned unit developments in mixed-use areas (REMU, UMU, and NEHMU zoning districts) may include commercial, light industrial, residential and mixes of various primary and accessory uses. The particular types or combination of uses are determined based upon its merits, benefits, potential impact upon adjacent land uses and the intensity of development. (1) Is the project substantially consistent with the intent and purpose statements for the underlying zoning district? Staff Evaluation: Partially. The UMU district requires mixed uses but does not require housing to be one of the uses within the mix. The PUD proposes a mix of non-residential uses, primarily office, retail and food service uses similar to that found in FF-I. There is no “jobs/housing balance” with this PUD. The Community Plan notes: “More housing, in a variety of type, size, and cost, is needed at prices that residents can afford. This will provide choices, the ability to move as life circumstances change, allows employers to fill jobs, recruit, and retain employees, supports businesses, and supports citizen and student growth.” Policy M-1.1 states: “Prioritize mixed-use land use patterns. Encourage and enable the development of housing, jobs, and services in close proximity to one another.” (2) Is the project located adjacent or within proximity to an arterial or collector street that provides adequate access to the site? Staff Evaluation: Yes. The project lies at the intersections of Huffine Lane and Ferguson Avenue, at Ferguson Avenue and Fallon Street, at Fallon Street and Resort Drive, and at 188 19028; CDB Staff Report for the Ferguson Farms II Preliminary PUD Page 63 of 67 Resort Drive and Huffine Lane. Huffine Lane is a principal arterial, Ferguson Avenue is a collector, and both Fallon and Resort are local streets. The Applicant requests deviations to street designs which would be evaluated by the Director of Transportation and Engineering prior to City Commission approval of the P-PUD and Preliminary Plat. Section 38.430.090.E.e (3) Is the project on at least two acres of land? Yes, the Site is 31 acres. (4) Do the uses relate to each other in terms of location within the PUD, pedestrian and vehicular circulation, architectural design, utilization of common open space and facilities, streetscape, etc.? Staff Evaluation: Yes, with the conditions of approval. (5) Does the overall project achieve or exceed the FAR "floor area ratios" envisioned for the underlying district? Staff Evaluation: Yes, the minimum floor area ratio (FAR) for the UMU zone is 0.50 and the 900,000 gross square feet of commercial space on the 31-acre Site results in a FAR of 0.66. (6) Is it compatible with and does it reflect the unique character of the surrounding area? Staff Evaluation: Partially. The PUD is intended to reflect the character of Ferguson Farms I (FF-I) located immediately west of the Site. The proposed “expansion” of FF-I further solidifies that character. Deviation 4 would allow building heights of up to 90’ and the master site plan shows two such tall buildings located about 110 feet distant from single-story duplex homes across Fallon Street; this scale would not reflect the one-to three-story scale of the neighborhood. (7) Is there direct vehicular and pedestrian access between on-site parking areas and adjacent existing or future off-site parking areas which contain more than ten spaces? Staff Evaluation: Yes, with mitigation. The large expanse of the dark, highly absorptive asphalt paving of the surface parking lots that dominate the Site creates a “heat island” effect for customers and workers walking from their parking spot to their commercial destination. Tree-lined pedestrian pathways through the parking lots would create a safer, more comfortable experience for the pedestrian, providing shelter, beauty, lessening the heat island effect of the surface parking, and providing pedestrians safe separation from vehicle traffic. This tree-lined pathway would also provide a visual cue indicating a safe passage for pedestrians linking all parking lots to commercial and open 189 19028; CDB Staff Report for the Ferguson Farms II Preliminary PUD Page 64 of 67 space areas which would minimize vehicle/pedestrian conflicts and would facilitate access between destinations within the Site. Such an element would address the Bozeman Community Plan goal of Theme 2—A City of Unique Neighborhoods which states: “Our City desires to be diverse, healthy, and inclusive, defined by our vibrant neighborhoods, quality housing, walkability, excellent schools, numerous parks and trails, and thriving areas of commerce.” Goal N-1 states: “Support well-planned, walkable neighborhoods.” This design would also address Focus Area 3—Vibrant & Resilient Neighborhoods; Increasing Resiliency to Climate Hazards objective of the Bozeman Climate Plan which states: “Development can be designed to reduce pavement and incorporate trees and green infrastructure to mitigate potential urban heat island impacts”, “Replacing or shading parking areas can mitigate urban heat island impacts” “Robust greenspaces and urban forests provide cooling benefits and decrease urban heat island effect”. As such, Staff recommends Condition of Approval No. 5 to mitigate this heat island effect and to provide comfort and visual cues leading patrons and workers from their parked vehicle to their destination within the Site. Section 38.430.090.E (8) Does the project encourage infill, or does the project otherwise demonstrate compliance with the land use guidelines of the city growth policy? Staff Evaluation: Partially yes. This is a 31-acre “infill” site surrounded by commercial development and some residential condominium apartments. The project demonstrates compliance with the land use guidelines of the City growth policy with recommended conditions of approval. In particular, Goal N-2 of the 2020 Community Plan states: “Pursue simultaneous emergence of commercial nodes and residential development through diverse mechanisms in appropriate locations. The PUD Site is a long vacant, formerly agricultural “farm” that the Applicant is now prepared to develop as a commercial node to the adjacent neighborhoods. Even though the Site is densely built per this PUD plan, staff recognizes that surface parking lots can be converted to garages with apartments above or with retail and offices “wrapped” around the ground floor parking structure, making the Site more robust and efficient, and providing a more pedestrian-friendly streetscape. Community Plan policies and remaining UMU use standards would support such a development and the proposed PUD deviations would not prohibit such redevelopment or “infill” development of the Site in the near or distant future. 190 19028; CDB Staff Report for the Ferguson Farms II Preliminary PUD Page 65 of 67 (9) Does the project provide for outdoor recreational areas (such as urban plazas, courtyards, landscaped areas, open spaces, or urban trails) for the use and enjoyment of those living in, working in or visiting the development? Staff Evaluation: Yes as shown in Figures 3 and 6 above. (10) Does the project provide for private outdoor areas (e.g., private setbacks, patios and/or balconies, etc.) for use by the residents and employees of the project which are sufficient in size and have adequate light, sun, ventilation, privacy and convenient access to the household or commercial units they are intended to serve? Staff Evaluation: Yes, as shown in Figures 3 and 6. Section 38.430.090.E.e (11) Does the project provide for outdoor areas for use by persons living and working in the development for active or passive recreational activities? Staff Evaluation: Yes, as shown in Figure 6. (12) Is the overall project designed to enhance the natural environment, conserve energy and provide efficient public services and facilities? Staff Evaluation: Yes, with the recommended conditions of approval and if the Director of Transportation and Engineering approves the Applicant’s Article 4 deviations and waivers. (13) If the project is proposing a residential density bonus as described below, does it include a variety of housing types and urban styles designed to address community-wide issues of affordability and diversity of housing stock? Staff Evaluation: No housing is proposed for this PUD development although the deviations do not prevent housing in the future should a PUD Modification application seek some. (14) Residential density bonus. If the project is proposing a residential density bonus (30 percent maximum) above the residential density of the zoning district or building type within which the project is located and which is set forth in division 38.310 of this chapter, does the proposed project exceed the established regulatory design standards (such as for setbacks, off-street parking, open space, etc.) and ensure compatibility with adjacent neighborhood development? The number of dwelling units obtained by the density bonus is determined by dividing the lot area required for the dwelling unit type by one plus the percentage of density bonus 191 19028; CDB Staff Report for the Ferguson Farms II Preliminary PUD Page 66 of 67 sought. The minimum lot area per dwelling obtained by this calculation must be provided within the project. Those dwellings subject to division 38.380 must be excluded from the base density upon which the density bonus is calculated. Staff Evaluation: Not applicable as no housing is proposed for this PUD master site plan. APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The property is zoned UMU as described in detail above on page 24. Adopted Growth Policy Designation: The property is designated as Community Commercial Mixed Use as described above on page 17. APPENDIX B – OWNER INFORMATION AND REVIEWING STAFF Owner: Boardwalk Properties, Inc. and Combs Capital LC Applicant: Michael Delaney Representatives: Tyler Steinway, Intrinsik Architecture Report By: Susana Montana, Senior Planner APPENDIX C –PLANNED UNIT DEVELOPMENT INTENT Sec. 38.430.010. Intent. A. It is the intent of the city through the use of the planned unit development (PUD) concept, to promote maximum flexibility and innovation in the development of land and the design of development projects within the city. Specifically, with regard to the improvement and protection of the public health, safety and general welfare, it shall be the intent of this chapter to promote the city's pursuit of the following community objectives: 1. To ensure that future growth and development occurring within the city is in accord with the city's adopted growth policy, its specific elements, and its goals, objectives and policies; 2. To allow opportunities for innovations in land development and redevelopment so that greater opportunities for high quality housing, recreation, shopping and employment may extend to all citizens of the city area; 3. To foster the safe, efficient and economic use of land and transportation and other public facilities; 192 19028; CDB Staff Report for the Ferguson Farms II Preliminary PUD Page 67 of 67 4. To ensure adequate provision of public services such as water, sewer, electricity, open space and public parks; 5. To avoid inappropriate development of lands and to provide adequate drainage, water quality and reduction of flood damage; 6. To encourage patterns of development which decrease automobile travel and encourage trip consolidation, thereby reducing traffic congestion and degradation of the existing air quality; 7. To promote the use of bicycles and walking as effective modes of transportation; 8. To reduce energy consumption and demand; 9. To minimize adverse environmental impacts of development and to protect special features of the geography; 10. To improve the design, quality and character of new development; 11. To encourage development of vacant properties within developed areas; 12. To protect existing neighborhoods from the harmful encroachment of incompatible developments; 13. To promote logical development patterns of residential, commercial, office and industrial uses that will mutually benefit the developer, the neighborhood and the community as a whole; 14. To promote the efficient use of land resources, full use of urban services, mixed uses, transportation options, and detailed and human-scale design; and 15. To meet the purposes established in section 38.01.040. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715 and at: https://weblink.bozeman.net/WebLink/Browse.aspx?startid=173269 That link contains the following attachments: Attachment 1: Applicant’s Preliminary PUD Application Narrative  Relaxation Requests and Rationales  Performance Points and Justifications Attachment 2: Applicant’s Ferguson Farm II Draft Design Manual Attachment 3: Relaxation Graphic Map Attachment 4: Building Height Map Attachment 5: Landscape Plan Attachment 6: Neighborhood Center Plan and Skybridge elevation map Attachment 7: Conceptual Land Use Distribution Map Public Comment [none as of 11/23/22] 193 Memorandum REPORT TO:Community Development Board FROM:Susana Montana, Senior Planner, Development Review Division Brian Krueger, Development Review Division Manager Anna Bentley, Director, Community Development Department SUBJECT:Ferguson Farms II Major Subdivision Preliminary Plat application, 31 acres located at 4250 Fallon Street (northwest corner of Ferguson Ave and Huffine Ln), Application 19027 MEETING DATE:December 5, 2022 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION:Recommend approval of the Ferguson Farms II Preliminary Plat to the City Commission with staff-recommended conditions of approval and code provisions. 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 Ferguson Farms II Preliminary Plat accompanies the Ferguson Farms II Preliminary Planned Unit Development (P-PUD) application. The Preliminary Plat (PP) creates 72 lots from the 31 acre vacant parcel. The 72 lots include 49 commercial buildable lots, 14 open space lots and 9 lots for parking structures. The application includes a request for concurrent construction of on- and off-site streets and public infrastructure. This is a wholly commercial subdivision that requires approval of the P-PUD before the plat can be approved and recorded because it does not meet its underlying zoning, Urban Mixed Use (UMU) standards or other Bozeman Municipal Code (BMC) standards. If the PUD is approved by the City Commission, this PP must meet the conditions of approval and code provisions noted in this staff report. UNRESOLVED ISSUES:The P-PUD must be approved prior to approval of the subdivision. Unresolved issues at this Preliminary Plat stage, such as those related to trails, streets, agricultural water facilities and easements, would be resolved with the Final Plat application which must satisfy the recommended preliminary plat conditions of approval and all relevant Bozeman Municipal Code (BMC) provisions. However, this subdivision does not meet the standards of the underlying UMU (Urban Mixed Use) zoning designation and 194 cannot be approved without the separate and first approval of the companion Ferguson Farms II Planned Use Development (PUD) application. This limitation is a condition of approval of this Preliminary Plat and would also be a condition of approval of the Final Plat for this Ferguson Farms II Major Subdivision, should the Final PUD not be approved before the Final Plat application is completed. ALTERNATIVES:1. Recommend approval of the application to the City Commission with the staff-recommended conditions; 2. Recommend approval of the application to the City Commission with modifications to the staff-recommended conditions; 3. Recommend denial of the application to the City Commission based on the Board’s findings of non-compliance with the applicable BMC criteria noted in the staff report; or 4. Recommend that the City Commission continue the public hearing on the application to a later date, with specific direction to staff or the Applicant to supply additional information or to address specific items. This alternative is requested if the Community Development Board wishes to amend or add conditions of approval. FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property tax revenues from new development, along with increased costs to deliver municipal services to the property. Impact fees will be collected at the time of issuance of building permits for individual developments along with City sewer and water connection fees. Attachments: Attachment 1 Applicant Narrative 089 26 22.pdf Attachment 2 Neighborhood Center Plan 08.29-2019.pdf land use map.pdf 001 Preliminary Plat Page 1.pdf 002 Preliminary Plat Page 2.pdf 003 Preliminary Plat Page 3.pdf 004 Preliminary Plat Page 4.pdf 19027 FF II PP CDB staff rpt 11 23 22.pdf Report compiled on: November 23, 2022 195 July 2022 Ferguson Farm II PRELIMINARY PLAT APPLICATION 196 March 2022 PRELIMINARY PLAT NARRATIVE: Ferguson Farm II Pg. 2 TABLE OF CONTENTS DOCUMENTS: NARRATIVE Section I: Project Team Section II: Project Summary & Narrative Section III: Preliminary Plat Checklist Section IV: Response to City Comments Section V: Statement of Planning Objectives Section VI: Supplemental Plan Requirements APPENDICES: Appendix A: Exhibits A.1 - Vicinity Map A.2 - Future Land Use Map A.3 -Existing Zoning Map A.4 - Land Use Ratios A.5 - Buildable Area Map A.6 - Block Frontage Exhibit A.7 - Green Plan A.8 - 3-D Map Packet A.9 - Site Circulation Appendix B: Traffic Impact Study Appendix C: Draft Design Manual, Covenants, & Bylaws Appendix D: SID Waiver (DRAFT) Appendix E: Application (Letter) for Concurrent Construction Appendix F: Reference Documents F.1 - Minor Subdivision 295 Plat F.2 - Maynard Ditch Correspondence Appendix G: Skybridge & Vista Exhibit 197 March 2022 PRELIMINARY PLAT NARRATIVE: Ferguson Farm II Pg. 3 Appendix H: Impact Letters Appendix I: 12-Foot Access Zones Appendix J: Completion of Improvements Request Appendix K: Flood Hazard Evaluation Report Appendix L: Groundwater Monitoring Info and Map Appendix M: Soils Investigation Report Appendix N: Stormwater Design Report Appendix O: Water & Sewer Design Report Appendix Q: Weed Management Plan Appendix R: CILWR Determination Appendix S: Canal Company Authorization Appendix T: MDT Approach - Letter of Intent Appendix U: Surface Water Exhibits Appendix V: Easement Maintenance Agreement Appendix W: Preliminary Plat Supplemental Documents Appendix X: Platting Certificate DRAWINGS: Civil Existing Conditions Map Plat Sheet 1 Plat Sheet 2 Plat Sheet 3 C1.0 Street Cross Sections Index C2.0 Street Cross Sections EX1 Overall Site Plan EX2 Sidewalks & Streetscape Plan EX3 Cluster Box Unit Mail Exhibit EX4 Dry Utility Layout EX5 Easement Adjacent to Street EX6 Easement Adjacent to Parking 198 March 2022 PRELIMINARY PLAT NARRATIVE: Ferguson Farm II Pg. 4 EX7 Surface Water Exhibit EX8 Circulation Exhibit Block Exhibit Landscape LO Overall Plan LD Details L1 Block 1 L2 Block 2 L3 Block 3 L4 Block 4 L5 Block 5 L6 Block 6 L7 Block 7 L8 Block 8 L9 Block 9 L10 Open Space Details L11 Open Space Details L12 Open Space Details L13 Open Space Details Lighting Overall Site Lighting Plan (Sheet 1) NW Site Area (Sheet 2) W Site Area (Sheet 3) SW Site Area (Sheet 4) N Site Area (Sheet 5) Central Site Area (Sheet 6) S Site Area (Sheet 7) NE Site Area (Sheet 8) 199 March 2022 PRELIMINARY PLAT NARRATIVE: Ferguson Farm II Pg. 5 SE Site Area (Site 9) Spec Sheets Assembly Spec Sheets Bollard Lighting Spec Sheet Light Type R2 Spec Sheet Light Type R2H Spec Sheet Light Type R3 Spec Sheet Light Type R3H Spec Sheet Irrigation IO Overall Plan IE East Well Overall Plan IW West Well Overall Plan ID Details I1 Block 1 I2 Block 2 I3 Block 3 I4 Block 4 I5 Block 5 I6 Block 6 I7 Block 7 I8 Block 8 I9 Block 9 200 March 2022 PRELIMINARY PLAT NARRATIVE: Ferguson Farm II Pg. 6 Section I - Project Team OWNERS & APPLICANTS Boardwalk Properties, Inc. 101 E. Main Street, Suite D Bozeman, Montana 59715 406.586.3132 (office) 406.586.8692 (fax) 406.539.7374 (cell) delaney@delaneynco.com Combs Capital LC 1095 Cougar Drive Bozeman, MT 59718 CONSULTANT TEAM Engineer & Project Manager: C&H Engineering and Surveying, Inc. (Attn: Drew Kirsch) 1091 Stoneridge Drive Bozeman, MT 59718 p: 406.587.1115 Drew.M.Kirsch@imegcorp.com Architect: Bitnar Architects 1807 W. Dickerson Street Bozeman, Montana 59715 p: 406.587.1983 thomas.bitnar@bitnararchitects.com Land Use Planner: Intrinsik Architecture, Inc. 106 East Babcock Avenue Suite 1A Bozeman, Montana 59715 p: 406.582.8988 tsteinway@intrinsikarchitecture.com Landscape Architect: Cashman Nursery and Landscaping 2055 Springhill Road Bozeman, MT 59718 p: 406.587.3406 Design3@cashmannursery.com Lighting: Northern Rockies Agency 246 Timberline Drive Bozeman, MT 59718 p: 406.587.0513 william@nrarep.com 201 March 2022 PRELIMINARY PLAT NARRATIVE: Ferguson Farm II Pg. 7 Section II - Project Summary & Narrative Executive Summary This submittal is for a Preliminary Plat for the construction of Ferguson Farm II, a new develop- ment in west Bozeman adjacent to the existing Ferguson Farm I commercial neighborhood. Narrative The Ferguson Farm II Preliminary Plat consists of approximately 31 acres that are currently zoned Urban Mixed Use (UMU) and designated Community Commercial Mixed-Use in the City’s Future Land Use Map. The relatively flat vacant land was historically used for hay and has remained vacant since the farm was purchased. The property itself is a planned extension of the existing Ferguson Farm I. The property is located on the west side of the City, on the northwest corner of the signalized intersection of Huffine Lane and Ferguson Avenue. The project site is bound to the south by Huffine Lane, to the east by Ferguson Avenue, to the west by Resort Drive, and to the north by 202 March 2022 PRELIMINARY PLAT NARRATIVE: Ferguson Farm II Pg. 8 Fallon Street. The adjacent local streets were installed with the original platting of Spring Creek Village Minor Subdivision. Huffine Lane is improved to a five lane arterial highway, while Ferguson Avenue is a collector. Resort Drive and Fallon Street are both designated as local streets. Currently, the site is accessed from Fallon Street at the Resort Drive intersection and the two curb cuts east of the Maynard Border Ditch. Although curb and gutter has already been installed along Fallon Street and Resort Drive, the sidewalks that will be installed with the subdivision infrastructure will connect to the existing trails along Ferguson Avenue and Huffine Lane. The Maynard Border Ditch flows through the western portion of the property. There is an ex- isting 15-foot ditch easement on the west side of Maynard Border ditch and five (5) feet on the east side. The vegetation bordering the ditch is mostly cottonwood, willow, and wild rose. It is the intent of the project developers to relocate the ditch and the associated easements to the east, a request that has been reviewed and approved by the Maynard Border Ditch Associ- ation (See Appendix S. See also Appendix F.2 for related information). No floodplains or water- course setbacks are present at this site, however a flood study has been included in this sub- mittal as has been requested by the City of Bozeman (See Appendix K). Buildings and potential uses are described below for each of the proposed blocks. Buildings are proposed to be between three-stories (55’) and six-stories (87’). Additional information 203 March 2022 PRELIMINARY PLAT NARRATIVE: Ferguson Farm II Pg. 9 related to proposed building heights has been included in the 3-D Map (Appendix A.8) and the relaxations requested with the Planned Unit Development. Utilities and community facilities such as gas, electric, telephone, water and sewer were in- stalled on Huffine Lane and Ferguson Avenue with the original platting of the Spring Creek Vil- lage Minor Subdivision. The onsite utilities will be accessed from their existing locations within the utility easements surrounding the property, with water and sewer to be provided to the subdivision in to be constructed water and sewer mains in Fallon Street and Resort Drive. See Civil plans and the Preliminary Plat for additional details on the proposed utilities necessary to serve this site. The properties within a ½ mile radius of the property have been developed with a mix of resi- dential and commercial uses. The commercial Ferguson Farm I project lies to the west of this site, while a variety of lower intensity commercial uses lie to the north and east of this project site. Ferguson Farm II is envisioned as an extension of Ferguson Farm I, with this project providing extensions of the Field Street and Valley Commons Drive (local streets). Block frontages proposed for this project are shown in Appendix A.6. Additional streets proposed for this project include: • Field Street– connecting Resort Drive to Ravalli Street (east to west) • Ravalli Street– connecting Fallon Street to the alley (north to south) • Brookfield Avenue – connecting Fallon Street to Huffine Lane as the only access onto Huffine Lane (north to south) via a right-in/right-out access as supported by MDT • C-Bar-3 Avenue – interior street only (north to south) Ravalli Street is also an extension of an existing city street. Valley Commons Drive supports the only east to west connection between Resort Drive and Ferguson Avenue. Brookfield Avenue is the primary north to south street. The street supports the only MDOT approved access to the subdivision from Huffine Lane. Brookfield Avenue dead ends at Fallon Street. Field Street is to provide a short east to west connection between Resort Drive and Ravalli Street. Ravalli Street is an east to west street from Ferguson Avenue, but extends from Cottonwood Condos to become a north to south connection within Ferguson Farm II. C-Bar-3 Avenue will provide a short north to south connection to Fallon Street, aligning with the existing Ridge PUD driveway to the north. C-Bar-3 Avenue and Ravalli Street both terminate in Ferguson Farm II, as the MDOT has restricted access to the state highway. The Brookfield Avenue and Huffine Lane intersection has been designed as an 85-foot right of way with a landscaped me- dian. Internal streets are designed as local streets with additional right of way to accommodate the angled on-street parking. An exception to street design standards has been requested, through the separate PUD application, to allow back-in angled parking within throughout the 204 March 2022 PRELIMINARY PLAT NARRATIVE: Ferguson Farm II Pg. 10 site. The traffic impact study indicates this type of angled parking will provide additional traffic calming. The traffic impact study further identifies successful examples of back-in angled park- ing in the right of way. All internal, local street intersections have been designed with traffic circles in lieu of four-way stop to facilitate traffic circulation within the subdivision. The traffic circles will encourage traffic calming and reduce traffic speed at these intersections. Parking will be provided through a mix of the back-in angled parking and onstreet parking in the alleys. No parking other than the proposed onsite garage parking is to be allocated to any individual owner. Bike parking will be provided both dispersed throughout the site as a com- ponent of the streetscape improvements and in covered centralized locations. Bike parking is to be owned and maintained by the HOA. Analysis of parking requirements have been includ- ed below. Open space for this project has been designated to meet both the onsite commercial require- ments and the PUD Performance Points necessary for permitting. Additional details are includ- ed in the Site Design section below, and the attached Landscape Plan section of this applica- tion. Furthermore, please refer to the PUD application for more detail on the PUD Perfor- mance Points. Site Design The project is proposed to be a solely commercial subdivision, with a variety of commercial uses possible at this site. Taking a block by block overview of the possible development pattern for this site, the project presents a cohesive vision for future construction. Please refer to the included Block exhibits within the Civil Plans, the Preliminary Plat, and Appendix A.8 - 3- D Map for reference. Please note the following exhibits are conceptual and may change as in- dividual lot owners submit site plans for specific development proposals. Block 1 Block 1 is bounded by Valley Com- mons Drive to the north, Ferguson Avenue to the east, Huffine Lane to the south, and Block 2 to the west. Block 1 has one developable lot that is approximately 81,172 square feet. Block 1 also includes a portion of Open Space Lot 1, which contains a portion of the existing multi-modal east-to-west trail connection as well as a portion of the north-to-south trail 205 March 2022 PRELIMINARY PLAT NARRATIVE: Ferguson Farm II Pg. 11 connection. These open space areas are publicly accessible and are shown as a component of the open space contribution to meeting the Planned Unit Development performance point requirements. Block 1 is likely to contain a three to four story medical office type building and parking, alt- hough it is possible a hotel or other commercial building may be placed in this location. The building footprint for such a building is approximately 23,800 square feet. Parking proposed for Block 1 will all be provided through onsite parking that includes approximately 75 regular parking spaces, five (5) ADA spaces, and two (2) ADA van accessible spaces (82 total parking spaces). For a four story medical office building with a 23,800 sq. ft. footprint (80,920 net sq. ft. or 40 doctors and 153 employees), approximately 219 parking spaces and 22 bike parking spaces would be required. Exceptions to parking have been factored in to this calculation for transit availability (10%) and joint use (30%) as discussed in the TIS. Block 2 Block 2 lies adjacent to the west of Block 1, south of Valley Commons Drive, and to the west of Brookfield Avenue. Block 2 contains two developable lots, one proposed parking lot, a portion of Open Space Lot 1, and a large central open space area that both contribute to the PUD per- formance points. Lot 1 will be a parking lot. Lot 2 will house a three-story bank and office building with a drive-through that has a building foot- print of 7,500 square feet. The precise us- es for Lot 3 are TBD at this time, but it is imagined that a three story commercial building with a 7,735 square foot footprint will be constructed here. The program- ming for the publicly accessible Open Space Lot 2 is described in detail in the Performance Points description and within the Landscaping Plans, but it is intended to contain a food cart pod like setting with adjacent covered bike parking for 40 bikes, partially meeting the UMU requirements for covered bike parking. Parking for Block 2 is proposed in parking lots (34 regular spaces, 5 ADA spaces, and 1 ADA van accessible space) and back-in 206 March 2022 PRELIMINARY PLAT NARRATIVE: Ferguson Farm II Pg. 12 angled parking in alleys and ROWs (39 spaces). For buildings with 7,500 sq. ft of retail and 30,470 sq. ft of office/bank, 80 parking spaces and 8 bike parking spaces would be required. Exceptions to parking have been factored in to this calculation for transit availability (10%) and joint use (30%) as discussed in the TIS. Block 3 Block 3 lies southwest of the intersection of Brookfield Avenue and Val- ley Commons Drive. Block 3 contains two developable lots, one proposed parking lot, and a portion of PUD open space (Block 3, Open Space Lot 3). Lots 1A-1C will contain a parking lot and garages that are to be condominiumized to be sold to individual owners. These parking gar- ages have been designed to possibly contain vehicle lifts to allow for an additional in -building parking space. Lot 2 is to contain a hotel with approximately 120 rooms. A porte cochere is proposed over the alley the lies between Lots 1 and 2. Lot 3 will likely contain an office or other retail type building, although the 3-D map specifies a range of uses are possible. The hotel proposed for Lot 2 will be approximately four stories with a building footprint of 27,984 square feet. The precise uses for Lot 3 are TBD at this time, but it is imagined that a three story commercial building with a 4,427 square foot footprint will be constructed here. The programming for the publicly accessible Open Space Lot 3 includes the existing 12’ pedes- trian pathway along Huffine, and is further described in detail in the Performance Points de- scription. Parking for Block 3 is proposed in parking lots (95 regular spaces, 30 compact spaces, 20 gar- age units, 5 ADA spaces, and 1 ADA van accessible space) and back-in angled parking in alleys and ROWs (30 regular spaces, 1 ADA van accessible space, and 1 ADA space). For buildings 207 March 2022 PRELIMINARY PLAT NARRATIVE: Ferguson Farm II Pg. 13 with uses as described above, approximately 144 parking spaces and 14 bike parking spaces would be required. Exceptions to parking have been factored in to this calculation for transit availability (10%) and joint use (30%) as discussed in the TIS. Block 4 Block 4 is to the west of Block 3, adjacent to Resort Drive and south of Valley Commons Drive. Block 3 contains as many as sixteen developable lots, one pro- posed parking lot, the bal- ance Open Space Lot 3, and Open Space Lot 4. The pro- posed skybridge’s southern terminus, which includes a stairway, will be in Open Space Lot 3. The skybridge continues north through Open Space Lot 4. The sky- bridge is to be accessible from stairways along the norther and southern ends (Open Space Lot 7), an ele- vator (Open Space Lot 5), and from the buildings that will front on either side of the Maynard Border Ditch (See also Ap- pendix G - Skybridge and Vista Exhibit and the correspondence from the Fire Marshal included in Appendix H). Lot 2 will contain a parking lot. The sixteen developable lots will contain a mix of commercial uses, although the precise mix is unknown at this time. Units adjacent to the Maynard Border Ditch may be consolidated to create larger developable lots. Buildings on these lots may be built up to six to twelve feet from the lot lines to allow for a pathway between the buildings. Buildings on these lots may also have upper story connections to the skybridge that is pro- posed north-south within the ditch corridor. They may also cantilever over the proposed path- way between buildings. The precise uses for the sixteen developable lots are TBD at this time, but it is imagined that a three story commercial building will be constructed here. The total potential building square footage proposed in the 3D plan for these lots is 306,813 sq. ft., with approximately 102,271 208 March 2022 PRELIMINARY PLAT NARRATIVE: Ferguson Farm II Pg. 14 sq. ft. of retail, commercial, restaurants, bars, or offices and 204,542 sq. ft. of office or hotel units shown on the plan. The programming for the open space areas includes the existing 12’ pedestrian pathway along Huffine, the skybridge, and ditch improvements to provide pedestri- an amenities. The open space programming is further described in detail in the Performance Points description. Parking for Block 4 is proposed in parking lots (42 regular spaces and 1 ADA van accessible space) and back-in angled parking in alleys and ROWs (21 regular spaces, and 2 ADA van acces- sible space). For buildings with uses as described above, approximately 379 parking spaces and 38 bike parking spaces would be required. Exceptions to parking have been factored in to this calculation for transit availability (10%) and joint use (30%) as discussed in the TIS. Additional- ly, the first 3,000 square feet of non-residential space can be deducted from the parking calcu- lations due to the lots adjacency to a Storefront Block Frontage. Block 5 Block 5 is to the north of Block 4, adjacent to Re- sort Drive (west), Field Street (north), Ravalli Street (east), and Valley Commons Drive (south). Block 3 contains as many as nine developable lots, one proposed parking lot, Open Space Lot 5, and Open Space Lot 6. The proposed skybridge will continue through Open Space Lots 5 and 6, with an elevator and stairway proposed in Open Space Lot 5. Lot 2 will contain a park- ing lot. The nine developable lots will contain a mix of commercial uses, although the precise mix is unknown at this time. Units that adjacent to the Maynard Border Ditch may be consoli- dated to create larger developable lots. Buildings on these lots may be built up to six to twelve feet from the lot lines to allow for a pathway between the buildings. Buildings on these lots may also have upper story connections to the skybridge that is proposed north-south within the ditch corridor. They may also cantilever over the proposed pathway between buildings. 209 March 2022 PRELIMINARY PLAT NARRATIVE: Ferguson Farm II Pg. 15 The precise uses for the nine developable lots are TBD at this time, but it is imagined that a three story commercial building will be constructed here. The total potential building square footage proposed in the 3D plan for these lots is 99,102 sq. ft., with approximately 33,304 sq. ft. of retail, commercial, restaurants, bars, or offices and 66,068 sq. ft. of office or hotels shown on the plan. The programming for the open space areas includes an event space on Open Space Lot 5, the skybridge, and ditch improvements to provide pedestrian amenities. The open space programming is further described in detail in the Performance Points descrip- tion. Parking for Block 5 is proposed in parking lots (23 regular spaces) and back-in angled parking in alleys and ROWs (7 regular spaces, 1 ADA space, and ADA van accessible space). For buildings with uses as described above, approximately 164 parking spaces and 16 bike parking spaces would be required. Exceptions to parking have been factored in to this calculation for transit availability (10%) and joint use (30%) as discussed in the TIS. Additionally, the first 3,000 square feet of non-residential space can be deducted from the parking calculations due to the lots adjacency to a Storefront Block Frontage. Block 6 Block 6 is in the north- west corner of the project site. Field Street is to the south of this block, while Resort Drive is to the west, Fallon Street to the north, and Ravalli Street to the east. Block 3 contains two developable lots, two proposed parking lots, and Open Space Lots 7 - 9. Lot 1 will contain a parking lot and garag- es that are to be con- dominiumized to be sold to individual owners. These parking garages have been designed to possibly contain vehi- cle lifts to allow for an additional in-building parking space. Lot 2 and 3 are likely to contain a 210 March 2022 PRELIMINARY PLAT NARRATIVE: Ferguson Farm II Pg. 16 hotel units (unit count TBD). Structured parking with access taken from the alley or a mix of commercial uses are also possible for the ground floor of these proposed hotel buildings. The hotel proposed for Lots 2 and 3 will be approximately six stories with a building footprint of 12,460 sq. ft. on Lot 2 and 14,775 sq. ft. on Lot 3. The precise uses for ground floor is TBD at this time. The programming for the open space lots includes the continuation of the skybridge to its northern terminus (Lot 7), a dog walk area (Lot 8), and a pedestrian seating area (Lot 9). Additional detail is provided in the Performance Points description. Parking for Block 6 is proposed in parking lots on Lots 1 and 4 (34 regular spaces, 30 compact spaces, 20 garage units and 13 garage spaces), and back-in angled parking in alleys and ROWs (4 regular spaces, 1 ADA van accessible space, and 1 ADA space). For buildings with ground floor retail and upper floors as hotel units with an average square footage of 960 sq. ft. ap- proximately 183 parking spaces and 18 bike parking spaces would be required. Exceptions to parking have been factored in to this calculation for transit availability (10%) and joint use (30%) as discussed in the TIS. Block 7 Block 7 lies east of Blocks 5 and 6. Block 7 is bordered by Fallon Street to the north, Brookfield Avenue to the east, Valley Commons Drive to the south, and Ravalli Street to the west. Block 7 contains six developable lots, one proposed park- ing lot, and Open Space Lot 10. Lots 1A-1C will contain a parking lot and garages that are to be condomini- umized to be sold to indi- vidual owners. These parking garages have been designed to possibly contain vehicle lifts to al- low for an additional in- building parking space. Lots 2 - 7 will likely con- tain a mix of commercial type building, and the 3-D map specifies the range of possible uses. 211 March 2022 PRELIMINARY PLAT NARRATIVE: Ferguson Farm II Pg. 17 The buildings on Lots 2-7 are currently envisioned to be up to four stories, with building foot- prints between 3,450 sq. ft. to 3,570 sq. ft. The programming for the publicly accessible Open Space Lot 3 includes a pedestrian pathway and seating amenities, and is further described in detail in the Performance Points description. Buildings may be constructed with 12’ walkways between buildings. Refer to the plat and CCRs for more information on those easements and their applicability. Parking for Block 3 is proposed in parking lots (115 regular spaces, 30 compact spaces, 20 gar- age units, 2 ADA spaces, and 4 ADA van accessible space) and back-in angled parking in alleys and ROWs (13 regular spaces). For buildings with uses as described above and on the 3D plan, approximately 152 parking spaces and 15 bike parking spaces would be required. Exceptions to parking have been factored in to this calculation for transit availability (10%) and joint use (30%) as discussed in the TIS. Additionally, the first 3,000 square feet of non-residential space can be deducted from the parking calculations due to the lots adjacency to a Storefront Block Frontage. Block 8 Block 8 lies east of Block7 and north of Block 2. Block 8 is bordered by Fallon Street to the north, C-Bar-3 to the east, Valley Commons Drive to the south, and Brookfield Avenue to the west. Block 7 contains six developable lots, one proposed parking lot, and three open space lots. Lots 1A-1B will contain a parking lot and garages that are to be condominiumized to be sold to individual own- ers. These parking garages have been designed to pos- sibly contain vehicle lifts to allow for an additional in-building parking space. Lots 2 - 7 will likely contain a mix of commer- cial type building, and the 3-D map specifies the range of possible uses. 212 March 2022 PRELIMINARY PLAT NARRATIVE: Ferguson Farm II Pg. 18 The buildings on Lots 2-7 are currently envisioned to be up to four stories, with building foot- prints between 3,330 sq. ft. to 3,680 sq. ft. The programming for the publicly accessible Open Space Lots 11, 12, and 13 includes a pedestrian pathway and seating amenities, covered bike parking, and a picnic area, and is further described in detail in the Performance Points descrip- tion. Buildings may be constructed with 12’ walkways between buildings. Refer to the plat and CCRs for more information on those easements and their applicability. Parking for Block 8 is proposed in parking lots (79 regular spaces, 6 garage units, and 3 ADA van accessible space). For buildings with uses as described above and on the 3D plan, approxi- mately 227 parking spaces and 23 bike parking spaces would be required. Exceptions to park- ing have been factored in to this calculation for transit availability (10%) and joint use (30%) as discussed in the TIS. Additionally, the first 3,000 square feet of non-residential space can be deducted from the parking calculations due to the lots adjacency to a Storefront Block Front- age. Block 9 Block 9 lies east of Block 8 and north of Block 1. It is bordered by Fallon Street to the north, South Ferguson Avenue to the east, Val- ley Commons Drive to the south, and C-Bar-3 Avenue to the west. Block 9 contains one proposed parking lot and Open Space Lot 14. Lot 1 will contain a parking lot and. The programming for the publicly accessible Open Space Lot 14 includes the existing eight (8) foot pedestrian pathway and seating amenities, and is further described in detail in the Performance Points description. Parking for Block 9 is proposed to contain 143 regular spaces. Summary To summarize, the following building square footages are proposed: • 135,464 sf - Retail, Restaurant, Commercial, Bar 213 March 2022 PRELIMINARY PLAT NARRATIVE: Ferguson Farm II Pg. 19 • 246,081 sf - Office • 368,072 sf - Hotel • 95,200 sf - Medical • 27,235 - Structured Parking • 22,125 sf - Garage Condo Units Parking required for this project would be approximately 1555 spaces, (after reductions for adjacency to transit routes, adjacency to Storefront Block Frontages, and joint use reductions of 30% as specified in the TIS). Total parking provided for this project is 883 total spaces, and includes on street parking and the proposed garages (one space per garage). The required bike parking would be 155 - 226 spaces. The project is proposing to provide 304 bike parking spac- es across the site (112 x 2-bike racks (uncovered); 40 x 2-bike racks (covered)). The covered bike parking exceeds the required UMU standards. Please note, the parking calculations for this project do not consider the full range of uses that are possible at this site. For example, assuming one-third of projected office space as shown on the 3-D map becomes hotel units and/or one-half of retail is developed as restaurant space, the project could be required under the existing UDC to provide 2,264 required spaces. It is therefore difficult for the applicant to discern the precise parking that would be required under the UDC for this project at this initial stage. Block by block analysis of initial assumptions for parking can be provided upon request. Related to site parking and circulation, please also note that with this submittal the appli- cant is requesting an exception to the prohibition to backing into the alley by non-residential development (UDC Sec. 38.540.020.D). Function of the alley will not be impeded with the City’s grant to this request. Additional details on this request can be found in the separate PUD application. Section III: Preliminary Plat Checklist Responses to the relevant Preliminary Plat review criteria are included in Appendix W. Section IV: Response to City Comments PLANNING 1. This subdivision application does not meet current Urban Mixed Use (UMU) zoning stand- ards and is dependent on approval of a Preliminary Planned Unit Development (P-PUD) appli- cation. The P-PUD application revision number 1, project number 19028, is inadequate at this time. The subdivision application may not proceed in the review process until the P-PUD appli- cation 19028 is deemed adequate for review and the two applications can be reviewed con- currently. Comments on the PUD are provided in a separate memorandum. The following 214 March 2022 PRELIMINARY PLAT NARRATIVE: Ferguson Farm II Pg. 20 comments describe required revisions to the Preliminary Plat. RESPONSE: Understood. We believe that with the updated submittals we have adequately demonstrated that we meeting the requirements of the UDC. 2. 38.220.060.13. Land Use. Please provide the information outlined in this code section. Please provide a rationale for the “Other” land use category you may seek for this subdivision lying within the UMU, Urban Mixed Use zone. RESPONSE: There are 72 lots proposed in this subdivision. 49 Commercial development lots, 14 open space lots, and 9 parking lots. All development lots will fall under the commercial land use category. The parking lots are indented to be commonly owned for the benefit of the dis- trict and they will have the land use category “Other”. Additionally, in the “Other” land use category will be the common open spaces lot used to achieve and exceed PUD performance points. 3. Sheet 1 states that the subdivision has 58 lots, 11 public open space lots and 3 private open space lots from an existing lot within a platted subdivision. However, elsewhere it is stated that this plat creates 93 lots. Please make corrections throughout the subdivision maps and documents and make them consistent with the PUD documents. RESPONSE: There are 72 lots proposed in this subdivision. 49 development lots, 14 open space lots, and 9 parking lots. All refences have been updated. 4. Please show clearly in the Legal Description block the facilities the City is agreeing to “accept responsibility for maintenance”. Are those three lines the complete legal description? RESPONSE: The City is not accepting responsibility for any of the streets, avenues, alleys or open spaces for the development. This is noted in the legal description block. Furthermore it is documented in the POA documents that the HOA is responsible for the maintenance of all streets, alleys and open spaces. 5. There is no owner signature and notary signature block under the Certificate of Dedication; Please correct this. RESPONSE: This has been added to the certificate of dedication. The certificate of dedication includes the "Legal Description" block. 6. Is there no Mortgagee to sign consent? RESPONSE: There is no mortgagee on the property. 215 March 2022 PRELIMINARY PLAT NARRATIVE: Ferguson Farm II Pg. 21 7. Where are the curve data tables? RESPONSE: A curve table has been added to Page 3 of the preliminary plat. 8. Please provide a graphic image of typical utility easements dedicated by this plat. RESPONSE: A number of different utility easement are provided on the plat. A graphical repre- sentation of the easements is shown on Page 2 of the preliminary plat. 9. The signature block for the County Clerk and Recorder is too small/truncated. Perhaps it is best to move the signature blocks from Sheet 3 to Sheet 1 and have Sheet 1 exclusively for the legal description and certifications. Conditions of Approval should remain on Sheet 3. RESPONSE: The certificate remains on the first page of the plat and contains the required in- formation. 10. Please delete the Parking Summary calculation box on Sheet 3. Please relocate the Area Tabulation box from Sheet 3 to Sheet 1 and add the following information to the calculation box on Sheet 1: (1) the total number of lots and their total square footage; (2) number of building lots and their total acreage; (3) number of open space lots and their acreage; (4) num- ber of parking lots and their acreage; (5) number of trail lots (or easements if not a specific lot) and their acreage; (6) number of stormwater retention lots and their acreage; (7) total acreage of the irrigation ditch easement; and (8) any other specific lots purpose and acreage. RESPONSE: The necessary lot tabulations table is included on the first page of plat. 11. On Sheet 3, please relabel NOTES to Conditions of Approval. On Condition No.6, please add the words ”snow removal” to the maintenance responsibilities of the POA. RESPONSE: These changes have been made to the plat's conditions of approval as noted on page 4. 12. On Sheet 1, please complete the Certificate of Completion of Improvements block per 38.240.450 and 520. RESPONSE: The block has been updated per Sec 38.240.450 and 520. The necessary installed/ financially guaranteed improvements will be updated during final plat application prior to fil- ing of the plat. 13. Please note that Mylars presented to the City for signature must have the County Treasur- er’s signature on their signature block. 216 March 2022 PRELIMINARY PLAT NARRATIVE: Ferguson Farm II Pg. 22 RESPONSE: This is noted. 14. BMC 38.550.070. In accordance with the requirements of this section, installation by the developer of vegetative ground cover, boulevard trees, and irrigation system in the public right-of-way boulevard strips on perimeter streets and in and adjacent to City park lots and all open space lots is required prior to final plat approval. RESPONSE: This is noted. It is the applicant's understanding that financially guaranteeing the improvements may also allow for final plat approval given the short planting window. 15. BMC 38.410.120 Mail Delivery. A cluster mail box location approved by the United States Post Office must be identified with the final plat application and infrastructure plans. RESPONSE: This is noted. The location is identified on the preliminary plat and will be identi- fied on the final plat and infrastructure plans. 16. BMC 38.410.060.B Private utility easements. You state in your October 4, 2021 Response to DRC Comments letter that you will not provide a 10-foot wide public utility easement on each of the 93 lots. Rather, you have letters from all respective utility companies approving a 15-foot wide utility where they front a building face, rather than a lot line, and would provide a 10-foot wide utility easement elsewhere on the Site. You state that you have responded to Northwest Energy’s request for an easement along the south side of Block 3 but it is not shown or clearly shown on Sheet 2 of the Plat. Please make that correction. By code, all rele- vant utilities must approve of the alternate easement location and width. You have letters of approval from Charter, Bozeman Fiber, Lumen and Montana Opticom. RESPONSE: The 10' Utility Easement Along the Southern Portion of Block 3, Lot 1 is shown on Page 2 of the updated preliminary plat. An existing 12' utility easement is shown along the south side of Block 3, Lot 2 is also shown on Page 2. 17. BMC 38.410.060.D. Easements for agricultural water user facilities. Please describe in de- tail the purpose for relocating the irrigation ditch. Of particular concern is the eminent loss of mature trees associated with the waterway. The document you provided in Appendix V (now Appendix S), entitled “Permit” is not signed and notarized by the Maynard Border Ditch Asso- ciation, The owner of the ditch easement, and is therefore not complete. Please provide a properly executed agreement for the Applicant to relocate the irrigation ditch to match the easement on the preliminary plat. RESPONSE: The owner of the ditch is aware of the proposed work associated with relocating the existing ditch to the west. An easement document for the ditch has been prepared and incorporated in to the Permit. The mature trees adjacent to the waterway will be removed. 217 March 2022 PRELIMINARY PLAT NARRATIVE: Ferguson Farm II Pg. 23 18. BMC 38.220.060.5, Vegetation. Please provide the information required for this code pro- vision and identify existing trees that would be removed or retained. RESPONSE: All existing shrubs and trees will be removed on the site. 19. BMC 38.410.020 Neighborhood centers. Your October 4 The letter, comment number 5, states that the entire 32-acre subdivision is in it’s entirely a commercial center that satisfies this requirement. Is there a focal point within this subdivision where a neighborhood center meeting the criteria of this code lies? If so, please label it on the plat map. I do not see any such focal point identified in any of the landscape plans submitted. The regulations require that the neighborhood center be installed in a concurrent-required-amount with each phase of the development. We will need a detailed site and landscape plan for this neighborhood center with labels indicating which part will be developed with each of the seven phases of this development. RESPONSE: There is an existing neighborhood commercial center within a 1/2 mile that en- compasses this whole neighborhood and therefore this neighborhood is exempt from provid- ing an additional neighborhood center. 20. BMC 38.220.300 and 310. Property Owners Association (POA) documents. The CC&R doc- ument for the Ferguson Farm II POA is incorrect. Please remove Section 14C City Enforcement and note that the POA is responsible for maintenance and its enforcement of all private Infra- structure and amenities. RESPONSE: The POA documents have been updated please see Appendix C for more infor- mation. 21. Appendix L—12-foot access zones are not shown on the plat. What is the purpose of Ap- pendix L? Is it part of the P-PUD submittal? RESPONSE: This exhibit is intended to show the proposed 12' Access areas to the Open Space Lot at the rear of the lots of Block 4 and Block 5. these zones ensure that there are breaks in the building façade which allows pedestrians to access the open space on the other sidewalk without having to go around the entire block. Appendix L has been moved to Appendix I in this submittal. 22. At the time the subdivision is accepted as acceptable for public notice, please provide an up-to-date property owner adjoiners list. We note that each condominium owner of a unit or common area of a property located within 200-linear feet of the subdivision must be notified. Certified mail must be sent to owners of physically-contiguous properties and the Applicant. Please mail our department a copy via first class mail on the same day as you mail the others so we can verify the post-mark date. 218 March 2022 PRELIMINARY PLAT NARRATIVE: Ferguson Farm II Pg. 24 RESPONSE: acknowledged. 23. Review is ongoing and additional items may be identified that are inadequate as the re- view continues. Following resubmittal, the project will again be reviewed for adequacy. A full code review for conditions and corrections has not been completed at this time. Additional elements and code compliance issues may be identified at the time of continued review and following a determination of adequacy. RESPONSE: acknowledged. We believe that with the updated submittals we have adequately demonstrated that we meeting the requirements of the UDC. ENGINEERING 1. BMC 38.220.060.A.1. Surface Water Supplement: A. A map must be provided which identifies all surface waters, including Maynard Ditch and the existing stormwater pond located on the property. The descrip- tion must include the approximate size, present use, and time of year when wa- ter is present. The description must also include the proximity of proposed con- struction. i. The applicant must provide all of these details on the map as well. ii. The applicant did not provide an approximate size for any of the sur- face waters shown on the exhibit. The applicant must indicate the ap- proximate size of the surface waters. B. The applicant must provide evidence from the appropriate ditch company that the ditch along the southern end of the property has been abandoned. RESPONSE: An updated surface water exhibit has been included in the appendices pre- senting the requested information regarding the existing Maynard Ditch, the aban- doned southern ditch and existing on-site stormwater pond in the northwest corner of the site. 2. BMC 38.220.060.A.2. Floodplain Supplement: A. 38.600.150- The hydrologic analysis must be based on the conservative 100- year flood hazard scenario to ensure public health and safety is maintained. The analysis must be based on the maximum flow from the headgate diversion with Farmers Canal banks full (i.e. failure scenario) rather than the “highest oper- ating flow” described by the canal operator. B. 38.600.150. - Quantitative justification is required for the assumption that no flow from the Ferguson Farm II property will reach the ditch based on the use of 6” and 12” berm and the subdivision infrastructure or the land area must be included in the hydrologic analysis. 219 March 2022 PRELIMINARY PLAT NARRATIVE: Ferguson Farm II Pg. 25 RESPONSE: An updated flood hazard evaluation has been included with the resubmittal (Appendix K). The updated model for the flood event includes complete failure of the headgate diversion. Runoff from an 80' corridor surrounding the ditch has been includ- ed in the runoff/flow estimates for the ditch. 3. BMC 38.220.060.A.3. Groundwater: A. The applicant must establish seasonal minimum and maximum depth to the wa- ter table, dates on which these depths were determined, and the location and depth of all known aquifers which may be affected by the proposed subdivision. i. The applicant only provided monitoring results from April through Ju- ly. Engineering is concerned that such a narrow window of monitoring does not adequately account for yearly variations in the seasonal high groundwater table. The applicant must provide additional groundwater information (such as GWIC wells) and professionally certify that the groundwater information is representative for the development. B. The applicant indicated that degradation to groundwater and groundwater re- charge areas is not anticipated but the applicant did not provide information on why or the steps that will be implemented to avoid the degradation. RESPONSE: Groundwater Monitoring information is provided within the stormwater de- sign report. The monitoring data window of April-July picked up a peak of seasonal high groundwater in late April. In some cases there may be seasonal high groundwater peaks due to irrigation. An additional significant high groundwater peak is not antici- pated for this site, due to the distance from properties that are actively irrigating dur- ing the growing season. A professional certification of the groundwater information has been provided for the project 4. BMC 38.220.060.A.10. Water and Sewer: A. Water Design Report: The water distribution system shall be designed to meet maximum demand of fire flow and the peak hour demand. The applicant may either provide the Insurance Services Office (ISO) fire flow determination or demonstrate that the development meets the Fire Flow Guidelines defined in The City Water Facilities Master Plan Section 5.5.3. for the closest applicable zoning. i. Though fire sprinkler systems could reduce the needed fire flow up to 75 percent depending on the building material type, Engineering requires the adjacent hydrants to meet the required fire flows for the anticipated zoning. The applicant must demonstrate that the water dis- tribution system can meet the maximum demand of fire flow and peak hour demand without any reductions. 220 March 2022 PRELIMINARY PLAT NARRATIVE: Ferguson Farm II Pg. 26 RESPONSE: An updated Water and Sewer Design Report has been included with resub- mittal (Appendix Q). Per conversations with the City of Bozeman Engineering Depart- ment on December 6th, 2021, adequate pressure exists in thee system to accommo- date this development. The simplified methods used by WaterCAD to model proposed developments within the City of Bozeman cannot accurately model multiple connec- tions to the existing system. However, all the City provide hydrant data surrounding the property indicates that flow rates and pressures are adequate in this are for develop- ment. 5. BMC 38.220.060.A.11. Stormwater Management: A. The development’s stormwater design cannot be fully reviewed to ensure com- pliance with the City’s drainage standards until the applicant has provided all information required by section 38.220.060.A.3. as the proposed the subsur- face retentions and detention system are venerable to direct influence by groundwater. RESPONSE: An updated Stormwater Management Design Report is included with this re- submittal (Appendix N). The intent of the update report is to provide adequate infor- mation for the City of Bozeman's review. B. The stormwater design report is missing many of the elements of DSSP Section II (B) such as: i. Contours and spot elevations. ii. Description of ultimate destination of stormwater runoff from the project and an evaluation of its impact on down slope drainage facilities and water quality. iii. Storm drainage facilities maintenance plan. iv. Details and specifications for all storm drainage improvements. RESPONSE: Proposed contours for the site have been included in the drainage area map in the stormwater design report. The stormwater design report addresses the ultimate destination for stormwater for each drainage area. A stormwater maintenance plan has been included with the resubmittal. The specifications for the stormwater systems are located in the stormwater design report (Appendix O). C. The stormwater design is missing calculations demonstrating adequate convey- ance capacity in the inlets and piping for the 25-year storm. i. The applicant is advised that the stormwater design must take into account the ability of the inlets to accept the required runoff volumes. The applicant indicated a maximum allowed runoff width in the street of 18 feet. Much of this water will bypass the inlets shown in the streets. 221 March 2022 PRELIMINARY PLAT NARRATIVE: Ferguson Farm II Pg. 27 RESPONSE: Conveyance, Inlet and gutter capacity calculations have been included in the updated stormwater design report. D. A conveyance is not provided for the stormwater runoff from Fallon Street to enter the proposed retention chamber. RESPONSE: A conveyance from Fallon Street will be provided from the existing storm inlet to the two of the proposed chambers. The chambers have been sized to include runoff from Fallon Street that will be conveyed to them. A detailed design of the chambers and manifolds will be provided during infrastructure approval. E. The applicant is proposing to use infiltration rates to lower the required storage volume of the retention chambers. More information must be provided for the Engineering Division to evaluate this approach. i. The applicant must evaluate the facility performance using the short- term and long-term infiltration rates. ii. Site-specific infiltration testing is required. iii. The applicant must demonstrate that adequate storage volume is available in the soil for the infiltrated water. iv. The applicant must demonstrate that the facilities have capacity for the 10-year 2-hour storm volume. RESPONSE: At this point in the time the chambers have been sized to store the runoff vol- ume in retention as required by the City of Bozeman Design Standards and Specifica- tions. Infiltration rates are not accounted for. The applicant may decided during infra- structure design and approval to reduce the chamber sizes using the previously dis- cussed methods with the infiltration rate. It is understood that to do so the applicant must meet the requirements outlined here. F. Conveyance calculations for the 25-year event must be provided for the street section in order to evaluate the flood hazard risk with the proposed reversed crown street sections. i. The applicant stated how much flow would be allowed in the street but did not provide the calculations for the 25-year event for each street. The applicant must provide these calculations and indicate the locations of any mitigations necessary to meet the applicant’s stated maximum street flow rate. RESPONSE: Calculations for the 25-year conveyance have been provided in the stormwater design report, including gutter/street capacity and inlet capacity calculations. 222 March 2022 PRELIMINARY PLAT NARRATIVE: Ferguson Farm II Pg. 28 G. DSSP Section V (D) - The stormwater inlet in Ravalli Street is closer than the mini- mum required distance from the water and sewer mains. RESPONSE: It is understood that the water and sewer main locations will be finalized dur- ing infrastructure design and review. Adequate width exists within the street ROW to provide the required parallel separation. A relaxation from the standard water and sewer main locations (5.5' off centerline) has been requested as part of the PUD to ac- commodate this. H. The applicant must demonstrate how drainage will be conveyed through the roundabouts. i. DSSP Section II (A) (4) Water Quality - The applicant must demonstrate in the drainage plan that the post-construction storm water manage- ment controls are designed to infiltrate, evapotranspire, and/or capture for reuse the post-construction runoff generated from the first 0.5 inch- es of rainfall from a 24-hour storm preceded by 48 hours of no measura- ble precipitation. For projects that cannot meet 100% of the runoff re- duction requirement, the remainder of the runoff from the first 0.5 inch- es of rainfall must be either: a. Treated onsite using post-construction storm water management control(s) expected to remove 80 percent to- tal suspended solids (TSS); b. Managed offsite within the same sub- watershed using post-construction storm water management control(s) that are designed to infiltrate, evapotranspire, and/or capture for reuse; or c. Treated offsite within the same subwatershed using post- construction storm water management control(s) expected to remove 80 percent TSS. RESPONSE: Runoff will be conveyed through roundabouts via surface drainage. The rounda- bouts have been preliminarily graded to verify that this is feasible. Finalized grading of The roundabout will be provided during infrastructure approval. The stormwater chambers have now been designed in retention per the City of Bozeman DSSP, and as such will meet the 0.5 requirement for water quality. 6. BMC 38.220.060.A.12. Street, Roads, and Alleys: A. The following comments apply to the provided traffic impact study (TIS) and have been provided by the Engineering Division transportation team. The Engi- neering Division recognizes the development is in the early stages and the spe- cific land uses and buildout are not fully defined, however, the following ele- ments must be addressed before the Engineering Division can adequately re- view the impacts for the proposed development on the transportation system. RESPONSE: Please see the response below. 223 March 2022 PRELIMINARY PLAT NARRATIVE: Ferguson Farm II Pg. 29 i. The applicant will need to work with the MDT for review under their Systems Impact Action Process. Contact Kyle Demars (kdemars@mt.gov) to start the process. This includes submittal of a TIS meeting MDT’s cri- teria. RESPONSE: The developer has met with MDT regarding the project and is preparing permits as requested. ii. The trip generation is based on broad land use categories that appear appropriate for the currently proposed mix of land uses and is accepta- ble for this planning level analysis. The TIS must be updated with each site plan application to represent any changes in trip generation 1. The applicant must revise the TIS to include language indi- cating that updates to the TIS will be required with subsequent site plan applications to verify that the trip generation rates are within the limits established in this TIS. RESPONSE: Revised and included in recommendations in TIS Section I. iii. The existing traffic volume data collected and presented is limited and has several potential gaps. 1. Summary of the traffic volume data for a number of the asso- ciated streets in the study is generally based on Montana De- partment of Transportation data from 2019. This is understanda- ble and expected due to the impacts of COVID 19 on traffic vol- umes. Two stations of note where 2019 data may not be the best choice are 16-3A-026 on Huffine Lane and 16-3A- 028 on Cotton- wood Road. For Huffine Lane, the 2019 AADT appears to be an anomaly to upward trend at that location. The counts for the sta- tion on Cottonwood Road in 2020 were around 10,500 vehicles per day (vpd) leading to MDT to increase the 2020 AADT to 8,855 vpd. 2. Traffic data collected by ATS was limited. The hose counts cov- ered two PM peak hours but only one AM peak. Intersection counts were similarly limited to one day and several appear to have not included the entirety of the potential PM peak hour. 3. Data collected by the City of Bozeman at the intersection of Resort and Fallon in 2021 indicates higher existing volumes than presented. 4. No bicycle or pedestrian data was collected, presented or dis- cussed 5. The existing vehicle volume data, though limited, is acceptable for this planning level TIS. The applicant must collect and present 224 March 2022 PRELIMINARY PLAT NARRATIVE: Ferguson Farm II Pg. 30 more robust data to update the TIS with subsequent site plan applications. RESPONSE: New data collected at area intersections in accordance with City of Bozeman staff on 12-9-21. See section C 'Traffic Counts' for additional details. iv. West Babcock Street is described as a two way, two lane collector. West Babcock Street has a two way left turn lane for its entirety. The applicant must revise the TIS accordingly. RESPONSE: This item has been corrected. V. Streamline Bus updated its routes and service schedules in Aug 2021. Purple Line now runs west to east on Fallon Street between Cottonwood Road and Ravalli Street with a stop at the corner of Fallon Street and Resort Drive. It runs on the ½ hour in the AM and PM peak hours and on the hour from 7:00 am to 7:00 pm Monday through Friday. The appli- cant must revise the TIS accordingly. RESPONSE: This item has been corrected. vi. Table 2 – Existing LOS Summary needs some clarification. For inter- sections served by two way stop control, the applicant must list the mi- nor street with a notation of the major street. For example the intersec- tion of Cottonwood Road and Fallon Street could be listed as Fallon at Cottonwood denoting that the delay/LOS are for Fallon Street approach- es. RESPONSE: This item has been corrected. vii. The paragraph on trip types includes language referencing a new ele- mentary school. The applicant must clarify this reference. RESPONSE: This item has been corrected. viii. The section on internal capture asserts that areas outside of the de- velopment contribute to the internal capture. This is contradictory to the Trip Generation Handbook which states “If the development site has multiple land uses and the blocks are configured in such a way that in- ternal trips must exit the site and use an external street system, then the site is not a mixed-use development.” Trips from the residential are- as to the northwest are not internal trips, therefore the internal capture 225 March 2022 PRELIMINARY PLAT NARRATIVE: Ferguson Farm II Pg. 31 rate should be limited to 17% as calculated using the methodology out- lined in NCHRP Report 684. The applicant must revise the TIS according- ly. RESPONSE: This item has been corrected. ix. The section on Pass-By trips asserts that the ITE procedures were fol- lowed in analyzing the entrances and exits. The supporting documents do not provide enough detail to verify this. The applicant must provide additional detail regarding the distribution of pass-by trips to the roads providing access to the site. RESPONSE: This item has been updated. Please see appendix C of the TIS for additional details on pass-by trips. X. Figure 3 – Development Trip Distribution lacks appropriate detail re- garding distribution of trips on many of the street segments. For exam- ple, the percentage of trips utilizing Resort Drive is not detailed. Seg- ments of Cottonwood Road do not have trip percentages indicated, nor does Ferguson Avenue. There is a 5% shown south of Huffine Lane with no indication of what road that represents. Additionally, the sum of the shown percentages is 110%. The applicant must provide more detail re- garding trip distribution as it applies to the analysis of intersections de- tailed in the TIS. RESPONSE: This item has been updated. Please see appendix C of the TIS for additional details on trip distribution. Xi. Transportation Improvements 1. The applicant has proposed multiple improvements to miti- gate the transportation impacts of the development but has not provided adequate information and analysis at the proposed im- provement locations to determine the effectiveness of each im- provement. The applicant must provide robust updated traffic counts and discussion for each improvement location. The counts and discussion must also include bike and pedestrian traffic. 2.The applicant must provide further discussion on how each im- provement will be implemented. 3. The applicant must evaluate the installation of a roundabout at the intersection of Fallon Street and Resort Drive as a mitiga- tion strategy. 4. The applicant must evaluate the installation of a roundabout 226 March 2022 PRELIMINARY PLAT NARRATIVE: Ferguson Farm II Pg. 32 at the intersection of Fallon Street and Ferguson Avenue as a mitigation strategy. 5. Ferguson Avenue is classified as a collector street and is cur- rently not constructed to the full collector standard width. The applicant must update the TIS to demonstrate how the addition- al eight feet will affect traffic. 6. The applicant has identified a failing condition at the intersec- tion of Fallon Street and Cottonwood Road with development and that improvements to the intersection need to be complet- ed. The applicant must provide timing for the implementation of the improvements at this intersection in relation to the timing of the proposed development. RESPONSE: This item has been included in the revised TIS Report. xii. Since there was no discussion of phasing of the project, the applicant is advised that the necessary improvements related to the development must be finalized prior to preliminary plat approval or a detailed phasing plan with clear thresholds for the timing of the improvements must be provided. RESPONSE: This item has been included in the revised TIS Report. B. The applicant must describe how snow will be managed in the streets and show the locations of street snow storage. RESPONSE: Please see the landscape sheet L0 for more information relating to snow storage locations. Any snow that managed onsite will be trucked off site and maintained by the HOA. C. Additional information is required to review the proposed sky bridge walkway. i. The applicant must provide an exhibit showing the following: 1. Heights of the sky bridge deck above the street and sidewalk grades. 2. Location of the structural supports. 3. Any encroachments into rights-of-way or easements. RESPONSE: Please see Appendix G for additional information on the sky bridge. The Sky Bridge is proposed to be 18’ above the sidewalk and any ROW. The Sky Bridge design is still schematic in nature but we understand that any support columns will be required to be located outside the ROW to ensure free flowing of traffic. Finally, the application is willing to go through the encroachment permit process to get this Sky Bridge ap- 227 March 2022 PRELIMINARY PLAT NARRATIVE: Ferguson Farm II Pg. 33 proved. 7. BMC 38.220.060.A.13. Lighting Plan: A. BMC 38.400.070 Street Lighting - City standard street lights are required along the frontage of Ferguson Avenue and Huffine Lane and at all street intersec- tions. The lighting design must meet all the requirements of City of Bozeman Standard Specifications for Lighting Materials and Installation. RESPONSE: City standard lighting has been provided along Ferguson and at all intersec- tions. Per conversations with the City of Bozeman and Montana Department of Trans- portation, no lighting is required along Huffine Lane/US 191. Pedestrian lighting has been provided for the trail along Huffine. ENGINEERING CODE CORRECTIONS The following comments pertain to areas of the project that do not currently meet code. 1. BMC 38.410.060.D - A minimum easement width of ten feet is required on each side of irrigation canals and ditches. A. The proposed easement does not account for the width of the ditch and does not follow the proposed ditch re-alignment causing less than ten feet of ease- ment width on each side of the ditch. The applicant must provide an easement that is at least ten feet wide on each side of the ditch in every location along the alignment. RESPONSE: This is noted. The easement document included in Appendix S is a ten foot easement from the top of ditch on either side. The easement and work permit will be signed and notarized prior to completion of the work. 2. BMC 38.400 - The shared use path configuration at the intersection of Ferguson Ave and Huffine Lane will need to be reconfigured for better accessibility and flow. The grading in that area will need to be improved which may require the relocation of existing utili- ties. RESPONSE: This is noted. A proposed concrete roundabout is intended to enhance pedes- trian access and bike ability. It is understood that significant grading changes will need to be made prior to construction of this facility. It is understood that realignment of existing utilities may be required. 3. BMC 38.400.050 - Pedestrian crossings must be provided on Fallon Street at Brookfield Avenue and C-Bar-3 Avenue. 228 March 2022 PRELIMINARY PLAT NARRATIVE: Ferguson Farm II Pg. 34 RESPONSE: Pedestrian Crossing have been added at this location. Signing and striping will be determined during Infrastructure approval for the subdivision. 4. BMC 38.520.040 - The applicant should consider making the pedestrian connections as clean as possible to promote walkability throughout the development. Many of the connections are broken up. RESPONSE: This is noted. Please see the Civil Plan Sheet EX8 illustrating all of the pedestri- an opportunities. Where feasible , we tried to align paths across the site to create a uniform pedestrian flow. Finally, Additional pedestrian crossing have been added in Block 1 and 9. The pedestrian crossings in Fallon Street will be detailed during infra- structure design. CODE REQUIREMENTS 1. BMC 38.410.060.D- If agricultural water user facility easements are required, a notice must also be recorded with a final plat or prior to final plan approval, stating that the easements are subject to the requirements of Section 70-17-112, MCA restricting inter- ference with canal or ditch easements and that irrigation works are subject to Section 85-7-2211 and 85-7-2212, MCA regarding duties and liability. The notice must include language to assure the duties are binding upon all successors in interest and remain in effect until such time that the agricultural water user facility is abandoned in accord- ance with the requirements of Montana Law or alternative requirements are agreed to in writing by all applicable parties. The easements must be prepared as documents separate from a final plat but may be referenced on a final plat. RESPONSE: This is noted. The notice will be filed with the final plat. A copy of the ditch easement is included in Appendix S. 2. 38.410.060.D.3. - Prior to final plat approval a professional engineer must certify that the water entering and existing the realigned Maynard Ditch is of the same quality and quantity as prior to development. RESPONSE: This noted a draft of the certification has been provided. Upon Final Plat the certificate will be finalized. 3. 38.600.170. - All public water and sewer mains must be placed in a casing pipe when crossing the Maynard Boarder Ditch to a minimum of 10 feet beyond the adjacent top of channel. This distance may need to be increase depending on main depth as deter- mined but the City during the subdivision infrastructure review. RESPONSE: This noted. The encasement will be included in the infrastructure submittal 229 March 2022 PRELIMINARY PLAT NARRATIVE: Ferguson Farm II Pg. 35 and review. 4. 38.600.170. D. - The final plat shall depict on the condition of approval sheet the loca- tion of the post-developed flood hazard area. RESPONSE: This is noted. The final plat will depict the post development flood hazard area. 5. BMC 38.540.020 (F) Surfacing - The proposed alternate surfacing for the crosswalks is acceptable from an access and stability standpoint. However, due to the extensive use of alternating surface types and arrangements (varying materials, narrow widths, tran- sitions, colors, stamped patterns, etc.), the City will not be responsible to maintain or replace any part of the interior access road surfacing should it be damaged or dis- turbed in the process of accessing or locating the public water and sewer system com- ponents. A. The applicant must submit a draft agreement between the City and associated parties’ that agrees to indemnify and hold the City harmless for any damages and clearly delineates maintenance/replacement responsibilities for surfacing within the public utility easement and outside of the public right-of- way. B. The draft agreement must be accompanied by an exhibit stamped by a licensed professional surveyor. Please provide exhibit with the final document. Please provide updated Exhibit A. The indemnification area needs to be the entire right-of-way, not just the road. Include a faded background of the site plan to provide context around the area. C. The draft agreement must be submitted for approval from the Public Works Di- rector with subsequent approval from the City's Legal Department. D. Upon City review and approval, the applicant must provide an owner executed original agreement to the City prior to final plat approval. E. The final agreement must be incorporated into the Property Owners Association Documents. RESPONSE: This is noted. A draft of the surfacing agreement/easement is included in the resubmittal (Appendix V). The document will be finalized prior to final plat. 6. BMC 38.270.030 Completion of Improvements- The City acknowledges the receipt of the applicant’s request for completion of improvements per Subsection B.1.b.2 and concurrent construction per Subsection D. The applicant is advised that the require- ments of Subsection B.1.b.2 must be fulfilled prior to final plat approval and the re- quirements of Subsection D must be fulfilled prior to building permit approval. RESPONSE: This Item is acknowledged. CONDITIONS OF APPROVAL 230 March 2022 PRELIMINARY PLAT NARRATIVE: Ferguson Farm II Pg. 36 1. The applicant must revise the draft SID waiver as shown on the attached SID waiver comment document. The applicant must execute and record the waiver. A copy of the recorded waiver must be submitted prior to Final Plat approval. RESPONSE: An updated draft of the SIDS waiver is included with the submittal (Appendix D). 2. The applicant is proposing the streets to be privately maintained. The applicant must revise the Certificate of Dedication on the plat to remove the streets from the City’s maintenance responsibility prior to final plat approval. RESPONSE: This has been removed from the certificate of dedication. ADVISORY COMMENTS 1. BMC 38.410.130 (A) (1) Water rights - With future site plan applications, the applicant must contact Griffin Nielsen with the City Engineering Department to obtain a determi- nation of cash-in-lieu of water rights (CILWR). CILWR must be paid prior to the approv- al of the corresponding site plans. RESPONSE: This is noted. CILWR will be paid during site plan review a and approval for in- dividual lots. Section V: Statement of Planning Objectives (a) Statement of applicable city land use policies and objectives achieved by the proposed plan and how it furthers the implementation of the city growth policy; City land use policies and goals are stipulated in the Bozeman Community Plan and the Com- mission’s Strategic Plan. This project aligns with both documents as described below. Community Plan Alignment Theme 2 - A City of Unique Neighborhoods • Goal N-1: Support well-planned, walkable neighborhoods • N-1.5 Encourage neighborhood focal point development with functions, activities, and facil- ities that can be sustained over time. Maintain standards for placement of community focal points and services within new development. • N-1.7 Review and where appropriate, revise block and lot design standards, including ori- 231 March 2022 PRELIMINARY PLAT NARRATIVE: Ferguson Farm II Pg. 37 entation for solar power generation throughout city neighborhoods. • N-1.8 Install, replace, and maintain missing or damaged sidewalks, trails, and shared use paths • N-1.9 Ensure 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. • 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 • Goal N-4: Continue to encourage Bozeman’s sense of place. • N-4.2 Incorporate features, in both public and private projects, to provide organization, structure, and landmarks as Bozeman grows. • N-4.4 Ensure an adequate supply of off leash facilities to meet the demand of Bozeman dog owners. Ferguson Farm II is envisioned as a well-planned and walkable commercial neighborhood. From the skybridge and the Maynard Border Ditch to the food court pod to the off leash dog area, the site has been designed to have numerous neighborhood focal points and activity are- as. Multimodal connections are shown within and through the site. Lots have been designed to be oriented to the prevailing solar path. The project will contribute to the sense of the place in this area of the community. Theme 3 - A City Bolstered by Downtown and Complimentary Districts • Goal DCD-1: Support urban development within the City. • DCD-1.2 Remove regulatory barriers to infill. • DCD-1.5 Identify underutilized sites, vacant, and undeveloped sites for possible develop- ment or redevelopment, including evaluating possible development incentives. • DCD-1.12 Prioritize the acquisition and/or preservation of open space that supports com- munity values, addresses gaps in functionality and needs, and does not impede develop- ment of the community • Goal DCD-2: Encourage growth throughout the City, while enhancing the pattern of com- munity development oriented on centers of employment and activity. Support an increase in development intensity within developed areas. • DCD-2.4 Evaluate revisions to maximum building height limits in all zoning districts to ac- count for contemporary building methods and building code changes • DCD-2.5 Identify and zone appropriate locations for neighborhood-scale commercial devel- opment. • Goal DCD-3: Ensure multimodal connectivity within the City. • DCD-3.1 Expand multimodal accessibility between districts and throughout the City as a means of promoting personal and environmental health, as well as reducing automobile dependency. • DCD-3.2 Identify missing links in the multimodal system, prioritize those most beneficial to 232 March 2022 PRELIMINARY PLAT NARRATIVE: Ferguson Farm II Pg. 38 complete, and pursue funding for completion of those links. • DCD-3.3 Identify major existing and future destinations for biking and walking to aid in pri- oritization of route planning and completion. • DCD-3.4 Support implementation of the Bozeman Transportation Master Plan strategies. • DCD-3.5 Encourage increased development intensity in commercial centers and near major employers. • DCD-3.6 Evaluate parking requirements and methods of providing parking as part of the overall transportation system for and between districts. The project is an infill project located within the current City limits. The PUD and the associat- ed relaxations address the regulatory challenges that are likely as a result of this project, such as required parking and allowable building height. The project includes significant open space to compliment the project’s commercial design. The site is envisioned as a center for employ- ment and activity, and a variety of transit options are proposed to connect this site to the ex- isting transit system including bus and trail connections. Parking requirements for the project are proposed in a similar fashion to that allowed in the Midtown Urban Renewal District (see Relaxations for additional details). Theme 4 - A City Influenced by our Natural Environment, Parks, and Open Lands • Goal EPO-2: Work to ensure that development is responsive to natural features. • EPO-2.1 Where appropriate, activate connections to waterways by creating locations, adja- cent trails, and amenities encouraging people to access them. The Ferguson Farm II project has been designed to protect the integrity of the Maynard Border ditch that flows through the western side of the site. Trails have been proposed adjacent to the ditch, as shown on the proposed Landscaping plans. Theme 5 - A City That Prioritizes Accessibility and Mobility Choices • Goal M-1: Ensure multimodal accessibility. • M-1.4 Develop safe, connected, and complementary transportation networks for pedestri- ans, bicyclists, and users of other personal mobility devices ( e-bikes, electric scooters, pow- ered wheelchairs, etc.). • M-1.5 Identify locations for key mobility hubs (e.g. rideshare drop off/ pick up areas, bike/ scooter share, transit service, bike, and pedestrian connections). • M-1.9 Prioritize and construct key bicycle infrastructure, to include wayfinding signage, connections, and enhancements with emphasis on completing network connectivity. • M-1.11 Prioritize and construct key sidewalk connections and enhancements. • M-1.12 Eliminate parking minimum requirements in commercial districts and affordable housing areas and reduce parking minimums elsewhere, acknowledging that demand for parking will still result in new supply being built. • Goal M-2: Ensure multimodal safety. • M-2.5 Develop safe crossings along priority and high utilization pedestrian and biking corri- 233 March 2022 PRELIMINARY PLAT NARRATIVE: Ferguson Farm II Pg. 39 dors. The project provides multimodal access to and through the site. The site is adjacent to the ex- isting Streamline Purple line, and future route modifications are likely to include direct service within this project site. Key pedestrian and multimodal connections are proposed, with cov- ered bike parking shown adjacent to key site amenities. Wayfinding signage is also shown for this site to assist with navigation and safe site connections across the large site area. Parking is proposed in a similar manner as within the Midtown Urban Renewal District. Please see the Relaxations for additional details on this proposal. Theme 6 - A City Powered By Its Creative, Innovative, and Entrepreneurial Economy • Goal EE-1: Promote the continued development of Bozeman as an innovative and thriving economic center. • EE-1.1 Support the goals and objectives outlined in the Bozeman Economic Development Strategy. • Goal EE-2: Survey and revise land use planning and regulations to promote and support economic diversification efforts. The project will create approximately 850,000 square feet of commercial space, contributing to Bozeman’s continued goal of being an economic center. The relaxations to the land use reg- ulations are essential to meeting this goal. Strategic Plan Alignment • 2. Innovative Economy • 2.1 Business Growth - Support retention and growth of both the traded and local business sectors while welcoming and encouraging new and existing businesses, in coordination with the Economic Development Plan. • 4. A Well-Planned City - We consistently improve our community's quality of life as it grows and changes, honoring our sense of place and the "Bozeman feel" as we plan for a livable, affordable, more connected city. • 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. • 4.4 Vibrant Downtown, Districts & Centers - Promote a healthy, vibrant Downtown, Mid- town, and other commercial districts and neighborhood centers – including higher densities and intensification of use in these key areas. • 6. Sustainable Environment - We cultivate a strong environmental ethic; protect our clean air, water, open spaces and climate; and promote environmentally sustainable businesses and lifestyles. 234 March 2022 PRELIMINARY PLAT NARRATIVE: Ferguson Farm II Pg. 40 • 6.5 Parks, Trails & Open Space - Support the maintenance and expansion of an intercon- nected system of parks, trails and open spaces. As has been described within the application documents and plans, the proposed Ferguson Farm II project supports multiple components of the City’s Strategic Plan as described above. (b) Statement of: (i) Proposed ownership of open space areas; and (ii) Applicant's intentions with regard to future ownership of all or portions of the planned unit development; All open spaces and all common portions of the PUD will be owned and maintained by the Ownership Organization. Please see the draft governing documents for additional details. (c) Estimate of number of employees for business, commercial and industrial uses; Approximately 1,713 employees possible at this site, likely employed working on multiple shifts. The precise number of employees will be determined with subsequent Site Plan sub- mittals. (d) Description of rationale behind the assumptions and choices made by the applicant; The applicant team approached the design of this project with several rationales in mind to create a cohesive vision for the future development of this site. Privacy of the future users of this site was one such consideration, ensuring site users were able to feel comfortable in their utilization of the site buildings and open spaces. Moreover, the project team looked to ensure that the project was developed in alignment with the City’s governing documents, including the Community Plan and Strategic Plan. The applicant team also further worked to ensure that the site was compatible with adjacent development and created in a context sensitive man- ner. The narrative and Design Guidelines contain further detail on the rationale behind the de- sign proposed for the Ferguson Farm II project. (e) Where deviations from the requirements of this chapter are proposed, the applicant must submit evidence of successful completion of the applicable community design objec- tives and criteria of section 38.430.090. The applicant must submit written explanation for each of the applicable objectives or criteria as to how the plan does or does not address the objective or criterion. The community development director may require, or the applicant may choose to submit, evidence that is beyond what is required in that section. Any element of the proposal that varies from the criterion must be described; Understood. Please see the PUD submittal and associated appendices for more information on deviation requests. All Relaxations proposed include sufficient justification for each request. 235 March 2022 PRELIMINARY PLAT NARRATIVE: Ferguson Farm II Pg. 41 (f) Detailed description of how conflicts between land uses of different character are being avoided or mitigated; and Potential conflicts have been analyzed for this project and no unmitigable conflicts have been identified. The site has been designed to resolve possible character differences between this proposed project and the existing development adjacent to this site. The buildings proposed for this site are largely to be placed internal to the site to protect the character the areas adja- cent to the site. Moreover, this commercial neighborhood is proposed adjacent to existing commercial areas and Huffine Lane, an arterial roadway. The area to the west of the site is the currently constructed Ferguson Farm I commercial neighborhood, and the land uses within that project are similar to those proposed within Ferguson Farm I. For the land uses to the north and east of the site, the buildings proposed on the Ferguson Farm II site will setback from the site edge with landscaping and open space areas will provide further buffers from onsite buildings and parking. For development that lies south across Huffine Lane, over 200 feet of roadways and transit pathways (open space) will separate the Ferguson Farm II site from the existing County development. See also Appendix W for additional details on the anal- ysis of potential conflicts with adjacent land has been mitigated for this project. (g) Statement of design methods to reduce energy consumption, (e.g., home/business utili- ties, transportation fuel, waste recycling); The Design Guidelines (Appendix C) encourage the use of solar energy and low-impact design to reduce onsite energy and resource consumption. Additional information on the design methods proposed to reduce energy consumption for this project can be found in the attached Guidelines. In addition to the Design Guidelines, the project promotes a variety of multimodal connections to and through this site that will further reduce fuel and energy con- sumption. Section VI: Supplemental Plan Requirements The following section includes responses to UDC Section 38.220.120.2.c. (1) Viewsheds. (a) Looking onto and across the site from areas around the site, describe and map the views and vistas from adjacent properties that may be blocked or impaired by development of the site; (b) Describe and map areas of high visibility on the site as seen from adjacent off-site loca- tions; No adverse impacts to viewsheds are anticipated as a result of the construction of this project. 236 March 2022 PRELIMINARY PLAT NARRATIVE: Ferguson Farm II Pg. 42 Development to the north of the site is of a similar commercial in nature as that proposed here at this site. See response above to Statement of Planning Objectives (f) and Appendix W for additional details on this analysis. (2) Street cross sections if different from city standards. Street cross section schematics must be submitted for each general category of street, including: (a) The proposed width; (b) Treatment of curbs and gutters, or other stormwater control system if other than curb and gutter is proposed; (c) Sidewalk systems; and (d) Bikeway systems, where alternatives to the design criteria and standards of the city are proposed; Street cross-sections have been included in the Civil plan set. Please see that package for addi- tional details on the schematics for all proposed streets and bikeways for this project site. (3) Physiographic data, including the following: (a) A description of the hydrologic conditions of the site with analysis of water table fluctua- tion and a statement of site suitability for intended construction and proposed landscaping. The description of the hydrologic conditions must include depth to groundwater measure- ments taken May 15 through September 15; (i) An alternative to the actual measurement of water table depth may be offered provided that such alternative includes a detailed soil profile, including a detailed description of the soil which follows The National Cooperative Soil Survey Field Book for describing soils and which provides good and sufficient evidence to establish the presence and depth of a sea- sonal water table, a land form position or location, or other physiographic data which are sufficient to establish the minimum depth to groundwater. Some soils are not easily profiled to establish an off-season high water table, such as those underlain by sand or gravel, those high in organic matter and those with a high lime content. Physical monitoring of these types of soils may be necessary; (b) Locate and identify the ownership of existing wells or well sites within 400 feet of the site; A Geotechnical report has been included as a component of this submittal that provides de- tails relevant to this criteria. (4) Preliminary subdivision plat. If the project involves or requires platting, a preliminary subdivision plat, subject to the requirements of this chapter relative to subdivisions, must be submitted; This application material is include in the Preliminary Plat submittal materials, which has been submitted concurrently with the PUD application. Please refer to this packet for information on the proposed subdivision. 237 March 2022 PRELIMINARY PLAT NARRATIVE: Ferguson Farm II Pg. 43 (5) Traffic impact analysis. Notwithstanding the waiver provisions of section 38.220.080.A.2.i, the city may require that a traffic impact analysis be prepared based upon the proposed development. The analysis must include provisions of the approved develop- ment guidelines, and must address impacts upon surrounding land uses. The city may re- quire the traffic impact analysis to include the information in section 38.220.060.A.12. If a traffic impact analysis has been submitted as part of a concurrent subdivision review, that analysis must meet this requirement; The TIS has been included as Appendix B. (6) Additional studies and plans. If the development's compliance with the community de- sign objectives and criteria is under question, the review authority may require additional impact studies or other plans as deemed necessary for providing thorough consideration of the proposed planned unit development; As has been demonstrated in this application and the Preliminary Plat submittal, the develop- ment is proposed to be in substantial compliance with the community design objectives and criteria unless otherwise described in the proposed relaxations. (7) A proposed draft of a legal instrument containing the creation of a property owner's as- sociation sufficient to meet the requirements of section 38.220.310 must be submitted with the preliminary plan application. The Declaration, Bylaws, and Articles of Incorporation have been included as Appendix C. 238 Ferguson Farm 2 Neighborhood Center Plan Ferguson Farm 2 is a 92 lot subdivision and planned unit development (62 building pads, 19 open space lots and 11 parking lots). The development will be a dynamic, multi-use destination offering a convenient shopping and dining experience in combination with upscale professional offices and hotel stay. The 31 acre development is zoned Urban Mixed Use with a Community Commercial Mixed Use growth policy land use designation. Ferguson Farm 2 is an extension of Ferguson Farm 1 (aka Spring Creek Village Resort). The vision of Ferguson Farm 2 is to reflect small town shopping with maximum flexibility and innovation in design. The goal of the Ferguson Farm 2 development is to create a quality development that benefits the community both aesthetically and economically, as well as:  Provide an appealing environment for work and play.  Develop an attractive pedestrian friendly shopping experience.  Create a trendy destination for food, drink, and stay that is within walking and biking distance of large, residential neighborhoods.  Design a unique trail experience that provides direct access to neighboring businesses.  Create open space features that embrace the outdoor experience. 239 Neighborhood Center Amenities The primary focal point and the neighborhood center for the PUD is the 1.7 acre open space and trail corridor along the Maynard Border Ditch. The corridor is within 600 feet of the geographic center of the subdivision. The trail system in Ferguson Farm 2 will create an integral link between Huffine Lane and the existing trail system through Cottonwood Condos, Valley West and Flanders Mill. The trail system in Ferguson Farm 2 will be a tiered system with a 6’ natural fines wide trail on the ground and a 14’ wide skyline bridge trail above. The skyline bridge trail will be accessed via stairs in Blocks 4, 6 and 7 and an elevator in Block 6. At 18’ tall from the ground to the bottom of the decking and 24 feet overall, the skyline bridge will extend from Huffine Lane to Fallon Street. The bridge trail will span across Field Street, Valley Commons and the alley. Once on top of the bridge, pedestrians will have a view of the surrounding area and some mountain views. The lots abutting the skybridge trail corridor can offer patio seating adjacent to the surface trail. Halfway down the trail, where it intersects with Valley Commons Drive, there will be a half-acre open space lot. This park like setting will be the perfect venue for festivals and concerts on the lawn in the summer and ice skating in the winter. Lots along the trail may have the option to construct an upper level connection between the bridge and their building with Property Owners Association and city review and approval. 240 Lots along the trail corridor are expected to embrace the amenity. This may be accomplished in many ways including, but not limited to: designing a building that fronts the corridor, incorporating additional architectural features, provides appealing landscaping and/or adds patio seating. Skyline Bridge and Trail Corridor Design (NTS) 241 242 Phasing The neighborhood center improvements, including the surface trail, skyline bridge trail, elevator, two sets of stairs, landscaping and irrigation will be installed with phase 3 and 4 of the subdivision. 243 244 ΔΔR.O.W. (AC)LOTS (AC)OS (AC)TOTAL (AC)7.6817.575.7731.02245 246 ΔΔROAD NAMEROAD NAMEANGLEVALLEY COMMONS DR.C-BAR-3 AVENUE90.0°VALLEY COMMONS DR.BROOKFIELD AVENUE60.0°90.0°FIELD STREETRAVALLI STREET247 248 Community Development Board Staff Report for Ferguson Farms II Major Subdivision Preliminary Plat; Project # 19027 Page 1 of 31 Community Development Board Staff Report for the Ferguson Farms II Major Subdivision Preliminary Plat; Application No. 19027 Public Meeting and Hearing Dates: Community Development Board, acting as the Planning Board, will meet on December 5, 2022 at 6:00 in City Hall, Commission Chambers and also via WebEx. A WebEx link will be provided with the Community Development Board agenda. City Commission will meet on December 20, 2022 at 6:00 pm in City Hall Commission Chambers and also via WebEx. A WebEx link will be provided with the City Commission agenda. Project Description: A preliminary plat (PP) of a major subdivision to create a 9-Block, 72- lot subdivision consisting of 49 buildable lots, 14 open space lots, and 9 parking structure lots as well as public and private roads, for this subdivision of 31-acres zoned UMU, Urban Mixed Use with a Planned Unit Development (PUD) overlay. Off- site improvements include a shared-use pathway along the Site’s perimeter, a bus shelter, and roads and water and sanitary sewer facilities to serve the development. Project Legal Description: Lot 5 of Minor Subdivision No. 295 located in the SW ¼ of Section 10, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana. Project Location: 4250 Fallon Street located at the northwest corner of Ferguson Avenue and Huffine Lane, south of Fallon Street and east of Resort Street. Development Review Committee (DRC) Finding: Provided that the Ferguson Farms II Preliminary Planned Unit Development and requested Article 4 Modifications are approved by the City Commission, Project No. 19028, and the Director of Transportation and Engineering, the August 25, 2022 revised Ferguson Farms II Major Subdivision Preliminary Plat application would conform to BMC standards and is sufficient for approval with staff-recommended conditions and code provisions. Community Development Board (as Planning Board) Recommended Motion: Having reviewed and considered the application materials, public comment, and all the information presented, I move to recommend approval of the Ferguson Farms II Major Subdivision Preliminary Plat to the City Commission with the staff- recommended conditions and subject to all applicable code provisions. Report Date: November 23, 2022 Staff Contact: Susana Montana, Senior Planner and Cody Flammond, Project Engineer 249 Community Development Board Staff Report for Ferguson Farms II Major Subdivision Preliminary Plat; Project 19027 Page 2 of 31 Agenda Item Type: Action (Quasi-judicial) EXECUTIVE SUMMARY Project Summary This report is based on the July 14, 2022 revised plat maps, the July 14, 2022 Ferguson Farms II Preliminary Planned Unit Development (P-PUD) application and the August 25, 2022 revised application submittal and any public comment received to date. The application materials are available in the City’s Laserfiche archive and may be accessed through the Community Development viewer as well. The property owner/Applicant submitted a major subdivision preliminary plat application to create 72 lots from a 31-acre parcel (“Site”). The Site consist of 49 buildable lots, 14 open space lots, 9 parking structure lots, and public streets and alleys. The final decision for a Major Subdivision Preliminary Plat with more than 50 lots must be made within 80 working days of the date it was deemed adequate/sufficient for further review. The Development Review Committee (DRC) deemed the application adequate for continued review on November 1, 2022. Pursuant to the Bozeman Municipal Code (BMC) Section 38.240.130 the City Commission shall approve, conditionally approve or deny the subdivision application by January 29, 2023, unless there is a written extension from the developer, not to exceed one year. The Community Development Board will review this application on Monday, December 5, 2022 and will make a recommendation to the City Commission. The City Commission will review this application and make a final determination on Tuesday, December 20, 2022. No written public comment has been received to date. Unresolved Issues Unresolved issues at this Preliminary Plat stage, such as those related to trails, streets, agricultural water facilities and easements, would be resolved with the Final Plat application which must satisfy the recommended preliminary plat conditions of approval and all relevant BMC provisions. However, this subdivision does not meet the standards of the underlying UMU (Urban Mixed Use) zoning designation and cannot be approved without the separate and final approval of the companion Ferguson Farms II Planned Use Development (PUD) application. This limitation is a condition of approval of this Preliminary Plat and would also be a condition of approval of the Final Plat for this Ferguson Farms II Major Subdivision. Should the Preliminary or Final PUD not be approved, this subdivision cannot be approved because it does not conform to UMU and other BMC standards. 250 Community Development Board Staff Report for Ferguson Farms II Major Subdivision Preliminary Plat; Project 19027 Page 3 of 31 Alternatives 1. Recommend approval of the application to the City Commission with the staff- recommended conditions; 2. Recommend approval of the application to the City Commission with modifications to the staff-recommended conditions; 3. Recommend denial of the application to the City Commission based on the Board’s findings of non-compliance with the applicable BMC criteria noted in the staff report; or 4. Recommend that the City Commission continue the public hearing on the application to a later date, with specific direction to staff or the Applicant to supply additional information or to address specific items. This alternative is requested if the Community Development Board wishes to substantially amend or add conditions of approval. Table of Contents EXECUTIVE SUMMARY ................................................................................................................. 2 Project Summary ............................................................................................................... 2 Unresolved Issues ............................................................................................................. 2 Alternatives ........................................................................................................................ 3 Table of Contents ........................................................................................................................... 3 SECTION 1 - MAP SERIES.............................................................................................................. 4 SECTION 2 – REQUESTED VARIANCES ..................................................................................... 10 SECTION 3 – PRELIMINARY PLAT RECOMMENDED CONDITIONS OF APPROVAL .............. 11 SECTION 4 - CODE REQUIREMENTS ......................................................................................... 15 SECTION 5 - RECOMMENDATIONS AND FUTURE ACTIONS ................................................... 15 SECTION 6 - STAFF ANALYSIS AND FINDINGS ........................................................................ 16 Applicable Subdivision Review Criteria, BMC Section 38.240.150.B. ......................... 16 APPENDIX A – NOTICING AND PUBLIC COMMENT ................................................................. 30 APPENDIX B - OWNER INFORMATION ..................................................................................... 31 ATTACHMENTS ........................................................................................................................... 31 251 Community Development Board Staff Report for Ferguson Farms II Major Subdivision Preliminary Plat; Project 19027 Page 4 of 31 SECTION 1 - MAP SERIES Figure 1. Location Map Figure 2. Zoning Map; Site is Urban Mixed Use (UMU) 252 Community Development Board Staff Report for Ferguson Farms II Major Subdivision Preliminary Plat; Project # 19027 Page 5 of 31 Figure 3: Community Plan Future Land Use Map—Community Commercial Mixed Use Site 253 Community Development Board Staff Report for Ferguson Farms II Major Subdivision Preliminary Plat; Project 19027 Page 6 of 31 Figure 4. Proposed PUD Master Plan (Project # 19028) 254 Community Development Board Staff Report for Ferguson Farms II Major Subdivision Preliminary Plat; Project 19027 Page 7 of 31 Figure 5: Proposed Land Uses 255 Community Development Board Staff Report for Ferguson Farms II Major Subdivision Preliminary Plat; Project 19027 Page 8 of 31 Figure 6: Proposed Preliminary Plat (08 14 22 revision) 256 Community Development Board Staff Report for Ferguson Farms II Major Subdivision Preliminary Plat; Project 19027 Page 9 of 31 Figure 7: Phasing Plan 257 Community Development Board Staff Report for Ferguson Farms II Major Subdivision Preliminary Plat; Project # 19027 Page 10 of 31 SECTION 2 – REQUESTED VARIANCES The Applicant seeks no subdivision variances because the Applicant is seeking approval of a Planned Unit Development (PUD) that would grant 26 deviations and waivers from Bozeman Municipal Code (BMC) land use, design and development standards. The proposed Preliminary Planned Unit Development (P-PUD) must be approved prior to consideration for approval of this Preliminary Plat (PP) subdivision because the PP does not meet the land use and design standards of the UMU district and Bozeman Municipal Code. In addition, the PP requires approval of deviations and exemptions from BMC Article 4 street standards which is under the purview of the Director of Transportation and Engineering who must consider them for approval before the City Commission acts on the P-PUD request. The P- PUD, Project No. 19028, describes and evaluates the requested deviations/waivers and modifications to the BMC. The 26 deviations from the BMC that are sought by this PUD, Project No. 19028, are loosely grouped as: (1) Allowing various commercial uses as principal uses which are conditional or are not otherwise permitted in the UMU district per use Tables 38.310.040.A through E; (2) Exemption from Section 38.310.050 UMU zone supplemental use requirements for: (a) a mix of uses within each site plan; (b) Subsection C-- the 70% maximum gross square footage limitation for a single use, such as office, for the entire Site; (c) Subsection D-- the requirement that a minimum of 70% of the ground level block frontages must be occupied by non-residential uses with a depth of at least 20 feet and, also, parking garages must include ground floor “liner” uses for at least 40% of the façade that faces a street or greenway; (3) Exemption from the UMU zone 20% minimum ground floor commercial space requirements of 38.330.010.E.2; (4) Allow building height increases over the 60’ maximum for the UMU district per Table 38.320.050, to a maximum height of 90’ and 6 stories; (5) Exemption from the UMU zone minimum and maximum number of parking requirements of 38.330.010.F and from the Citywide vehicle parking requirements of Tables 38.540.050-1 through 3; (6) Exemption from the 38.540.050.A.4.b Citywide requirement that bicycle racks must be located within 100 feet from the building it serves; (7) Modifications to various Article 4 standards to allow angled back-in on-street parking spaces, modifications to the street design and materials standards, modifications to water, sanitary sewer and stormwater facility location standards, and exemption from the requirement that all lots must have legal and physical access to a public street [note these are under the purview of the City’s Director of Transportation and Engineering Department, per 38.200.010.D, and is not a zoning deviation]; (8) Allowing alternate Block Frontage designations and setback relaxations per 38510.030.L; (9) Allowing landscaping exemptions per 38.510.030.C and 38.520.040.D.3; (10) Front setback waivers per 38.510.030.C allowing buildings to be built to the front property lines; 258 Community Development Board Staff Report for Ferguson Farms II Major Subdivision Preliminary Plat; Project 19027 Page 11 of 31 (11) Granting a parking screening waiver per 38.510.030.C for the 1.7-acre Block 3 parking lot; and (12) Granting a deviation from 38.520.070.C.2 to allow reduced trash enclosure screening on Lot 4, Block 4. SECTION 3 – PRELIMINARY PLAT RECOMMENDED CONDITIONS OF APPROVAL The following conditions of approval and code provisions are offered to satisfy City and relevant State requirements as well as site-specific mitigation for potential adverse impacts associated with development of the proposed subdivision. The conditions of approval are in addition to any required code provisions identified in this report. The conditions are specific to this preliminary plat application. Staff has considered the impacts as identified in the staff analysis and application materials and these conditions of approval are deemed reasonably related and roughly proportionate to the development of this subdivision. (1) This Preliminary Plat does not meet current UMU zoning and Bozeman Municipal Code (BMC) land use, design and development standards. These deficiencies, deviations and waivers are included in the proposed Ferguson Farms II Preliminary Planned Unit Development (P-PUD) application, Project No. 19028. That P-PUD must be approved by the City Commission with the relevant deviations, and a Final PUD must be administratively approved by the Community Development Director and Article 4 modifications must be granted by the Director of Transportation and Engineering before a Final Plat for this subdivision may be approved by the City Commission. (2) The Applicant must execute and record the applicable Special Improvement District (SID) waivers and a copy of the recorded waiver document shall be submitted to the Director of Transportation and Engineering prior to Final Plat approval. (3) BMC 38.410.130 (A) (1) Water rights -With future site plan applications, the Applicant must contact the Engineering Department to obtain a determination of cash-in-lieu of water rights (CILWR) contribution. CILWR must be paid prior to approval of subdivision and PUD individual site plans. (4) BMC 38.410.060.D- If agricultural water user facility easements are required, a notice must also be recorded with a Final Plat or prior to Final PUD plan approval, stating that the easements are subject to the requirements of Section 70-17-112, MCA restricting interference with canal or ditch easements and that irrigation works are subject to Section 85-7-2211 and 85-7-2212, MCA regarding duties and liability. The notice must include language to assure the duties are binding upon all successors in interest and remain in effect until such time that the agricultural water user facility is abandoned in accordance with the requirements of Montana Law or alternative requirements are agreed to in writing by all applicable parties. The easements must be prepared as documents separate from a Final Plat but may be referenced on a Final Plat. 259 Community Development Board Staff Report for Ferguson Farms II Major Subdivision Preliminary Plat; Project 19027 Page 12 of 31 (5) 38.410.060.D.3. - Prior to Final Plat approval a professional engineer must certify that the water entering and existing the realigned Maynard Border Ditch is of the same quality and quantity as prior to development. (6) 38.600.170. - All public water and sewer mains must be placed in a casing pipe when crossing the Maynard Border Ditch to a minimum of 10 feet beyond the adjacent top of channel. This distance may need to be increase depending on main depth as determined by the City during the subdivision infrastructure review. (7) 38.600.170. D. - The Applicant must show and label the 100-year flood hazard area on the Final Plat prior to Final Plat approval. The Final Plat must depict on the condition of approval sheet the location of the post-developed flood hazard area. (8) BMC 38.270.030 Completion of Improvements - The City acknowledges the receipt of the Applicant’s request for completion of improvements per Subsection B.1.b.2 and concurrent construction per Subsection D. The Applicant is advised that the requirements of Subsection B.1.b.2 must be fulfilled prior to Final Plat approval and the requirements of Subsection D must be fulfilled prior to building permit approval. (9) Prior to Final Plat approval, the Applicant must clearly state on the plat who is responsible for the maintenance of the proposed culverts and pedestrian crossing along the Maynard Border Ditch. (10) Prior to Final Plat approval, the Applicant must provide written approval from the Maynard Border Ditch Company for additional runoff discharge to the Maynard Border Ditch. (11) The Applicant must file a maintenance agreement for the back-in angled parking areas with the County Clerk and Recorder in addition to the plat note identifying the maintenance requirements and responsibilities of the back-in angled parking spaces prior to Final Plat approval. (12) The Plat Condition of Approval block on Plat Page 4 must have a condition that reads: "Due to known high groundwater in the area, no basements are permitted with future development of the site. No crawl spaces are permitted with future development of the site unless a professional engineer registered in the State of Montana certifies that the lowest point of any proposed structure is located above the seasonal high groundwater level and provide supporting groundwater data prior to release of a building permit. In addition, sump pumps are not allowed to be connected to the sanitary sewer system. Sump pumps are not allowed to be connected to the drainage system unless capacity is designed into the drainage system to accept the pumped water. Water from sump pumps may not be discharged onto streets where it may create a safety hazard for pedestrians and vehicles.” (13) Final Plat Conditions of Approval block on Page 4 must include the following condition of approval: "The back-in angled parking is to be maintained by the property owners' association, which includes snow removal, pavement maintenance, and all other maintenance functions of the back-in angle parking spaces." 260 Community Development Board Staff Report for Ferguson Farms II Major Subdivision Preliminary Plat; Project 19027 Page 13 of 31 (14) The following condition of approval must be included on the Conditions of Approval block on Page 4 of the plat. "Lot access must be constructed to the standard set forth by the City of Bozeman Design Standards and Specifications Policy, and the City of Bozeman Modifications to the Montana Public Works Standard Specifications per Bozeman Municipal Code requirements." (15) This subdivision provides a sidewalk along the bordering public streets as well as along internal streets. Prior to Final Plat approval, the Applicant must provide an easement for the portion of the proposed eight-feet wide, paved shared use trail that exists outside of the public right-of-way. The Class I shared use trails abutting the subdivision along the Huffine Lane and Ferguson Avenue frontages must be widened from 8 feet to 10 feet and 8 foot wide Class I trails shall be installed along the Fallon Street and Resort Drive frontages concurrent with any first phase construction of this subdivision. (16) The following condition of approval must be added to the Conditions of Approval block on Plat Sheet 4 prior to Final Plat approval: "The Property Owners’ Association is responsible for repair and replacement of any special surface finishes, including but not limited to stamped concrete, in the public right-of-way including for damage during City maintenance, repair, or replacement of utilities beneath the public right-of-way." (17) The following language must be added to the covenants, conditions, and restrictions (CC&R) document prior to Final Plat approval. "The Property Owners’ Association is responsible for repair and replacement of any special surface finishes, including but not limited to stamped concrete, in the public right-of-way including for damage during City maintenance, repair, or replacement of utilities beneath the public right-of-way. The City will return the land to a finished grade, but will not be responsible for any repair or replacement of any special surface finishes." (18) Prior to Final Plat approval, a separate left hand turn lane located in the east bound direction of Fallon Street at the intersection of Fallon Street and Ferguson Avenue must be installed. Improvements must satisfy all City of Bozeman design standards. All installed improvements must be formally accepted by the City prior to Final Plat approval. (19) Prior to Final Plat approval, Ferguson Avenue must be reconstructed in order to provide a two-way left turn lane from the intersection of Huffine Lane through Fallon Ave. Improvements must satisfy all City of Bozeman design standards and must include bicycle and pedestrian facilities. All installed improvements must be formally accepted by the City prior to Final Plat approval. (20) The Applicant must install a right hand deceleration turn lane on Huffine Lane at Brookfield Ave, depending on Montana Department Transportation (MDT) approval. Improvements must satisfy all City of Bozeman and MDT design standards. All installed improvements must be formally accepted by the City prior to Final Plat approval. 261 Community Development Board Staff Report for Ferguson Farms II Major Subdivision Preliminary Plat; Project 19027 Page 14 of 31 (21) The Applicant must install a right hand deceleration turn lane on Huffine Lane at Resort Drive, depending on Montana Department Transportation (MDT) approval. Improvements must satisfy all City of Bozeman and MDT design standards. All installed improvements must be formally accepted by the City prior to Final Plat approval. (22) The updated flood hazard evaluation must be provided with an infrastructure review and include the post-developed basin exhibit and channel dimensions for the Maynard Border Ditch. (23) Prior to infrastructure approval, a certification from the developer's professional engineer that the water entering and exiting the realigned or relocated agricultural water user facility is the same quality and amount of water that entered or exited the facility, per BMC 38.410.060.D.3., and written approval from the Maynard Border Ditch Company for the relocation of the facility must be provided. If there will be a change to the quality and amount of water that entered or exited the facility including any change to the historic stormwater discharge to the facility the certification must clearly identify the change and subsequently the approval from Maynard Border Ditch Company needs to acknowledge the change, per BMC 38.410.060.4.D. Both the certification and written approval must be provided with the Final Plat application. If approval cannot be obtained and a material modification to the subdivision is needed then the preliminary plat application may be required to be resubmitted for review, per BMC 38.100.070.B. (24) BMC.38.410.060.D.6. a notice must be recorded with the Final Plat stating that the agricultural water user facility easement are subject to the requirements of Section 70- 17-112, MCA restricting interference with canal or ditch easements and that irrigation works are subject to Section 85-7-2211 and 85-7-2212, MCA regarding duties and liability. The notice must include language to assure the duties are binding upon all successors in interest and remain in effect until such time that the agricultural water user facility is abandoned in accordance with the requirements of Montana Law or alternative requirements are agreed to in writing by all applicable parties. The easements must be prepared as documents separate from a Final Plat but may be referenced on a Final Plat. (25) The Applicant must provide the necessary additional right-of-way for a separate left turn lane located in the east bound direction of Fallon Street at the intersection of Fallon Street and Ferguson Avenue prior to Final Plat approval. (26) The Applicant must provide a utility exhibit that shows the proposed layout of the subdivision's water, sewer, stormwater, and other relevant utilities that satisfies the City’s engineering design standards and specifications policy (DSSP) prior to Final Plat approval. If additional easement or right-of-way is required to satisfy DSSP requirements with the updated utility layout, the necessary right-of-way or easement must be provided prior to Final Plat approval. (27) The Applicant must add a note to the conditions of approval sheet of the Final Plat which states the following: “All stormwater infrastructure located in the subdivision (Insert Final Subdivision Name) including stormwater infrastructure located within the public 262 Community Development Board Staff Report for Ferguson Farms II Major Subdivision Preliminary Plat; Project 19027 Page 15 of 31 right-of-way must be maintained by the property owners' association (Insert Final Property Owners Association Name as recorded in the CC&Rs)”. (28) The subdivisions stormwater maintenance plan must clearly state the following condition: “All stormwater infrastructure located in the subdivision (Insert Final Subdivision Name) including stormwater infrastructure located within the public right- of-way will be maintained by the property owners' association (Insert Final Property Owner's Association Name as recorded in the CC&Rs)." The approved stormwater plan must be incorporated into the property owners’ association documents and a copy of the documents demonstrating the inclusion of the stormwater maintenance plan must be provided prior to Final Plat approval. SECTION 4 - CODE REQUIREMENTS 1. The Final Plat must comply with State statute, Administrative Rules of Montana, the Bozeman Municipal Code and an adopted Ferguson Farms II Planned Unit Development. 2. Any unmet code provisions, or code provisions that are not specifically listed as a condition of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law. Sections 3 and 4 of this report identify conditions and code corrections necessary to meet all regulatory standards. 3. All easements, existing and proposed, must be accurately depicted and addressed on the Final Plat and in the Final Plat application. Public utilities must be located within dedicated street right of ways. Utility easements need to be provided and granted with the Final Plat in accordance with public and private design standards. SECTION 5 - RECOMMENDATIONS AND FUTURE ACTIONS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, plans, public comment, and all other materials available during the review period. Collectively, this information is the record of the review. The analysis in this report is a summary of the completed review. On November 18, 2022, the Development Review Committee (DRC) determined that the application is adequate for continued review and found that application conforms to standards and is sufficient for approval with conditions and code provisions based on the staff analysis and findings described below in Section 6 of this report. 263 Community Development Board Staff Report for Ferguson Farms II Major Subdivision Preliminary Plat; Project 19027 Page 16 of 31 The public hearing date for the Community Development Board is December 5, 2022 at 6:00pm. The hearing will be held at City Hall, Commission Hearing Room and via WebEx with a WebEx link provided with the Community Development Board agenda. The public hearing date for the City Commission is December 20, 2022 at 6:00 PM. The hearing will be held at City Hall in the Commission Hearing Room and via WebEx with a WebEx link provided with the City Commission Agenda. SECTION 6 - STAFF ANALYSIS AND FINDINGS Applicable Subdivision Review Criteria, BMC Section 38.240.150.B. In considering applications for subdivision approval under this title, the Community Development Board, other relevant advisory boards and the City Commission shall consider the following criteria: 1. Compliance with the survey requirements of Part 4 of the Montana Subdivision and Platting Act. The preliminary plat has been prepared in accordance with the surveying and monumentation requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered in the State of Montana. As outlined in Code Provision Number 1, the Final Plat must comply with State statute, Administrative Rules of Montana, and the Bozeman Municipal Code. A conditions of approval sheet must be included with the Final Plat and updated with any additional required notations as required by Preliminary Plat conditions or code provisions. 2. Compliance with the local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act and review processes per BMC 38.240.150. a. The Final Plat must comply with the standards identified and referenced in the Bozeman Municipal Code (BMC). This subdivision application does not meet specific Urban Mixed Use (UMU) zoning provisions of the BMC and, therefore, cannot be approved unless and until the Applicant’s requested Ferguson Farms II Preliminary Planned Unit Development (P-PUD) application is approved by the City Commission and a Final PUD is approved by the Community Development Director. Condition of Approval No. 1 requires the Final PUD be approved prior to City Commission approval of this a Final Plat for this subdivision. b. The Final Plat must comply with the standards of the BMC regarding streets, access and other Article 4 standards. As noted in Condition of Approval No. 1, the Director of Transportation and Engineering must grant the requested BMC Article 4 deviations and waivers as part of the P-PUD application before a Final Plat for this subdivision can be approved. 264 Community Development Board Staff Report for Ferguson Farms II Major Subdivision Preliminary Plat; Project 19027 Page 17 of 31 c. The Applicant is advised in Code Provision No. 2 that unmet code provisions, or code provisions that are not specifically listed as a condition of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law. Sections 3 and 4 of this report identify conditions and code provision corrections necessary to meet all municipal regulatory standards. Therefore, it is expected that upon City Commission approval of the requested P-PUD and upon satisfaction of all conditions and code corrections and approval of the Final PUD by the Director of Community Development, the subdivision would comply with local subdivision regulations. 3. Compliance with the local subdivision review procedures provided for in Part 6 of the Montana Subdivision and Platting Act. The Applicant requested subdivision review under the terms of 76-3-601 to 608 and BMC 38.240.150. The application was initially-received on August 29, 2019 and was deemed inadequate for further review. Revised application materials were received on January 2020, November 2021, April 2022, July 14, 2022 and August 24, 2022. The City deemed the application adequate for review on November 18, 2022. A public meeting before the Community Development Board, acting as the Planning Board, is scheduled for December 5, 2022. A public hearing before the City Commission is scheduled for December 20, 2022 for final action on the application. The meeting and hearing before the Community Development Board and City Commission, respectively, have been properly noticed as required by the BMC. Based on the recommendation of the Development Review Committee (DRC) and other applicable review agencies, as well as any public testimony received on the matter, the Community Development Board must forward a recommendation via a staff report to the City Commission who will make the final decision on the Applicant’s request. The final decision for a Major Subdivision Preliminary Plat with more than 50 lots must be made within 80 working days of the date it was deemed adequate (November 18, 2022). Pursuant to BMC 38.240.130 the City Commission shall approve, conditionally approve or deny the subdivision application by January 29, 2023 unless there is a written extension from the developer, not to exceed one year. Public notice for this application was given as described in Appendix A beginning on November 6, 2022 and ending on December 20, 2022. As of the November 23, 2022 date of this staff report, no public comment has been received. On November 23, 2022, this staff report for the Ferguson Farms II Major Subdivision Preliminary Plat was completed and forwarded with a recommendation of conditional approval for consideration by the Community Development Board. 265 Community Development Board Staff Report for Ferguson Farms II Major Subdivision Preliminary Plat; Project 19027 Page 18 of 31 Compliance with Chapter 38, BMC and other relevant regulations. Community Development staff and the City’s Development Review Committee (DRC) reviewed the preliminary plat application against all applicable regulations of the BMC. Based on review of the DRC and the Department of Community Development all applicable regulations are met if all conditions of approval and BMC code requirements are satisfied and the P-PUD is approved and its own conditions and code provisions are satisfied by a Final PUD. Pertinent code provisions and recommended conditions of approval are included in this report for your consideration in Sections 3 and 4 above. All municipal water and sewer facilities will conform to the regulations outlined by the Montana Department of Environmental Quality and the requirements of the Design Standards and Specifications Policy and the City of Bozeman Modifications to Montana Public Works Standard Specifications unless specifically modified by the City of Bozeman Director of Transportation and Engineering. 4. Documentation of Compliance with BMC 38.220.060 to identify impacts to surrounding assets. A subdivision pre-application plan review was completed by the Development Review Committee (DRC) on June 9, 2021; no subdivision variances were requested by the Applicant because this application was accompanied by a P-PUD application that requested numerous code waivers/deviations/exceptions and relaxations. At that time, the DRC found that more information was needed prior to the application going forward to preliminary plat. Revisions were submitted in January 2020, November 2021, April 2022, July 14, 2022, and August 25, 2022. This Preliminary Plat must address the review criteria of Section 76-3-608 (3)(a) and clearly identify potential impacts of the subdivision on agriculture, agricultural water user facilities, local services, the natural environment, wildlife, wildlife habitat and public health and safety. Those parameters are addressed in the following Section 38.220.060.A. 1 through 19. Staff offers the following summary comments on the documents required by BMC 38.220.060. Staff offers the following summary comments on this supplemental information. 1. Surface Water. A portion of the agricultural irrigation ditch Maynard Border Ditch bisects the Site in a north-south orientation and flows in a northerly direction approximately 225 feet east of the western border of the property. This is a non-jurisdictional ditch and does not have any setback or discharge requirements. This open channel irrigation ditch would be relocated approximately 30 to 50-feet to the east and would remain an open channel, would be revegetated, and would be developed as an open space amenity of the development (see Attachment B—Neighborhood Center and Skywalk Narration). Portions of the ditch would lie within the private open space Lots 4, 6 and 7 and public open space Lots 3, 5 and 266 Community Development Board Staff Report for Ferguson Farms II Major Subdivision Preliminary Plat; Project 19027 Page 19 of 31 8. By definition in Section 38.70.210, irrigation ditches are not deemed a naturally-occurring watercourse subject to the protections and provisions of wetlands. 2. Floodplains. Stormwater – There is an existing stormwater pond in the northwest corner of the Site that would be replaced with underground stormwater detention chambers and would discharge into the existing Maynard Border Ditch. The Ditch is a controlled irrigation conveyance facility and does not have an associated floodplain. All required permits for the ditch crossings would be obtained prior to the start of construction. The subdivision must construct storm water management and water quality facilities conforming to standards of the Bozeman Municipal Code. The maintenance of the stormwater facilities are the responsibility of the Property Owners’ Association (POA) as outlined in Conditions 7, 9, 28 and 29. Inspection of installed facilities prior to Final Plat will verify that standards have been met. Conditions 28 and 29 would ensure mitigation of post-development flood hazard areas and, therefore, no significant negative impacts to the natural environment are anticipated. Based on the project’s flood evaluation study findings, a certain amount of stormwater runoff will be generated by the development within the subdivision and will contribute to water levels in the Maynard Border Ditch which it is believed can be accommodated by the capacity of the culvert and open ditch. Conditions 4, 5, 6, 10, 11, 23 and 25 assure that the Maynard Border Ditch is relocated and maintained properly to accommodate this flow. 3. Groundwater. Groundwater is known to be high in this area, at from 4.5 to 6 feet below ground surface. The Applicant provided monitoring wells to establish seasonal minimum and maximum groundwater depths. Groundwater degradation would be minimized through a series of underground infiltration chambers. These chambers would capture runoff from the parking areas and other hardscape features within the subdivision. Stormwater would then infiltrate and recharge the groundwater within the area. Because the site is in a potential area of high groundwater which may negatively impact future structures or cause illicit discharges into the sanitary sewer and over-burden the surface drainage system, Condition No. 13 prohibits crawl spaces or basement without first consulting a professional engineer certified in the State of Montana who would certify that groundwater would not harm these structures. This requirement would protect both future structure owners from future hazards of flooding and lessen burdens on the public from illicit discharges. 4. Geology, Soils and Slopes. The site is relatively flat. The soils present are loamy soils characterized by poor-draining to well-draining soils generally found in irrigated farmland. No streets would exceed 5% slope. 5. Vegetation. The property has been vacant for several years and has not been used agriculturally in the recent past. No critical vegetation species exist on the Site. The native grasses are occasionally mowed during the growing season for weed control. An approved 267 Community Development Board Staff Report for Ferguson Farms II Major Subdivision Preliminary Plat; Project 19027 Page 20 of 31 weed management plan has been prepared by the Applicant and approved by the County Weed Management Department. Responsibility for weed management must be provided recorded with the subdivision Covenants, Conditions and Restrictions (CC&R) document clarifying that the Property Owner Association (POA) is responsible for implementing and enforcing the weed management plan. There are some existing aspen and cottonwood trees in the vicinity of the Maynard Border Ditch. When possible, these trees would be preserved. 6. Wildlife. No animals listed under the “Animal Species of Special Concern”, (Montana Natural Heritage Program, Helena, 2003) have been observed or are known to occupy the property. Habitat most suitable for wildlife includes the area around the Maynard Border Ditch vegetation that would be removed. The relocated open irrigation ditch would be landscaped. 7. Agriculture. The property, previously in agricultural cultivation, has been fallow for a number of years. Due to development in the area and anticipation of development of the property by the owner, no agricultural practices have been performed on the property for several years. 8. Agricultural Water User Facilities. There is an agricultural irrigation ditch on the property which is proposed to be relocated on the Site with the permission of the ditch owner(s), the Maynard Border Ditch Company. The Maynard Border Ditch agricultural irrigation facility would be relocated on-site and would continue to flow as an open channel through the Site and would function as it has been per Conditions 4, 5, 6, 10, 11, 23, 24 and 25. 9. Water and Sewer. Water rights exist for the subject property. Water for domestic use and fire protection will be provided by connections to the City of Bozeman water system. The proposed water mains will connect to existing water mains in Resort Drive, Fallon Street, and Ferguson Avenue. The Applicant proposes to contribute cash-in-lieu of water rights (CILWR) to the City which must be paid prior to approval of specific site plan(s) within the subdivision, per Condition No. 3. Sanitary sewer service will be provided through connection to the City of Bozeman’s existing sanitary sewer collection system. The sewer system will connect to the 8” main in Fallon Street at two locations and the 8” main in Resort Drive at one location. From there, sanitary sewage will be conveyed to and treated at the City of Bozeman’s Water Reclamation Facility. Per the Engineering Report for this subdivision, water and wastewater improvements would be designed to meet City standards and, with the recommended conditions of approval and 268 Community Development Board Staff Report for Ferguson Farms II Major Subdivision Preliminary Plat; Project 19027 Page 21 of 31 code provisions, this subdivision would not significantly burden City water or sanitary sewer infrastructure. 10. Stormwater Management. Storm water within the subdivision will be conveyed via surface gutter flow to curb inlets, then underground via storm drain piping to underground stormwater retention and detention chambers in the Open Space parcels. The subdivision will not significantly impact stormwater infrastructure. The stormwater systems would be designed to meet City standards and would be maintained by the property owners association (POA) per Conditions 28 and 29. 11. Streets, Roads and Alleys. a. Streets – The proposed Ferguson Farm II PUD Subdivision has legal access onto Huffine Lane, Resort Drive, Ferguson Avenue, and Fallon Street. The proposed roads will match the established (existing) street grid structure and be within dedicated rights-of-way (ROW). Local streets will have the standard 60’ right-of-way except for small portions of Valley Commons Drive and Brookfield Avenue where the right-of-way is 101’ and 85’, respectively. Four way stops will be installed along Resort Drive where Field Street and Valley Commons Drive intersect Resort Drive. Per the recommendation of a geotechnical engineer, the pavement design section for the Ferguson Farm II Subdivision is 3” asphalt surface course over 6” of 1-1/2” minus crushed gravel base course over 18” of 6” minus pit run sub-base course. This section will be checked per the AASHTO Guide for Design of Pavement Structures when during the construction design development. Road maintenance for all streets will be provided by the Property Owner’s Association after the improvements have been accepted by the City. Erosion and siltation control will be exercised during construction by using the appropriate best management practices as outlined in “Montana Sediment and Erosion Control Manual” (May 1993) prepared by the MDEQ Water Quality Bureau. ATS performed a trip generation analysis to determine the anticipated future traffic volumes from the development using the trip generation rates contained in Trip Generation (Institute of Transportation Engineers, Tenth Edition). These rates are the national standard and are based on the most current information available to planners. A vehicle “trip” is defined as any trip that either begins or ends at the development site. ATS determined that the critical traffic impacts on the intersections and roadways would occur during the weekday morning and evening peak hours. At full development the Ferguson Farm II development would produce 976 AM peak hour trips, 1,337 PM peak hour trips, and 13,066 daily trips. The 2020 Bozeman Community Plan/Growth Policy and subdivision standards require adequate connectivity of a development to the street grid. Access to the Site would be taken from the following public roads that abut the Site: Huffine Lane, Ferguson Avenue, Fallon Street, Ravalli Street, and Resort Drive. A new extension of Valley Commons Drive would be extended through the Site in an east-west direction. Lot access must meet City standards per 269 Community Development Board Staff Report for Ferguson Farms II Major Subdivision Preliminary Plat; Project 19027 Page 22 of 31 Condition No. 15 and access must be improved to accommodate development-generated traffic per Conditions 17, 18, 19, 20, 21, 22, 26 and 27. Condition 2 requires the Applicant to record waivers to applicable Special Improvement Districts is established to serve the project and area including Street improvements to Ferguson Avenue, Huffine Lane, Fallon Street, Ravalli Street, Resort Drive; intersection improvements to Ravalli and Fallon streets, Resort and Fallon streets, Ferguson and Fallon streets, and Ferguson and Huffine streets. b. Parking Conditions – The PUD that enables this subdivision provides several BMC waivers and deviations. These include: (1) no minimum or maximum number of required parking spaces; (2) minimum landscape screening of surface parking lots that border the subdivision; (3) common parking areas for all tenants, workers and visitors to the Site; (4) condominium parking spaces within structured parking garages located within surface parking lots; and (5) “back-in” angled parking spaces along internal streets. The back-in angled parking must be approved by the Director of Transportation and Engineering as noted in Conditions 12 and 14. c. Walkability, Transit and Bikeability. This subdivision provides a sidewalk along the bordering public streets mentioned above as well as along internal streets. The Class I shared use trails abutting the subdivision along the Huffine Lane and Ferguson Avenue frontages must be widened from 8 feet to 10 feet. Eight feet wide Class I trails shall be installed along the Fallon Street and Resort Drive frontages concurrent with any first phase construction of this subdivision per Condition No. 16. A traffic analysis for this subdivision revealed that certain improvements and upgrades are needed to adequately serve the proposed development within this subdivision and to mitigate potential adverse impacts to the traveling public as noted in Conditions 19, 20, 21, 22, 26 and 27. With Conditions 2, 20, 21, 22, 26 and 28, the subdivision would not significantly impact the City’s street infrastructure. The private and proprietary algorithm “WalkScore” gives this property a Walk Score of 36 out of 100 which indicates that the area is “Car-dependent”. It gives the Site a Transit Score of 23 out of 100 which indicates that the Site has “minimal transit”. It gives the Site a Bike Score of 69 because of the bike lane to the north of the Site. 270 Community Development Board Staff Report for Ferguson Farms II Major Subdivision Preliminary Plat; Project 19027 Page 23 of 31 12. Utilities. This subdivision would not significantly impact utilities. Standard 10-ft utility easements would be provided across all lots. All public and private utilities are available in the area to serve this subdivision. 13. Land Use. This subdivision proposes 9 block and 72 lots consisting of the following uses: 49 lots for commercial uses, 14 open space lots and 9 lots for structured parking. 14. Parks and Recreation Facilities. Parkland dedication is not required of this wholly commercial development. Should residential use be proposed in the future, as a site plan application of any of the lots, parkland would be required. However, 14 publicly-accessible open space lots spread throughout the subdivision would be provided. 15. Neighborhood Center Plan. Neighborhood centers are required for subdivisions of 10- acres or more per 38.410.020. This subdivision is 31-acres and proposes a neighborhood center within the subdivision located along the Maynard Border Ditch amenity as shown in Attachment B. This neighborhood center would be connected by Open Space Lots 7,9,10 and 11 and would feature a skyline bridge above the Ditch. Benches and other pedestrian facilities would be constructed within the skyline bridge to allow pedestrians to relax and enjoy views of the surrounding viewscapes. 16. Lighting Plan. No lights are proposed around the perimeter of the subdivision except at the road intersections with Huffine Lane, Ferguson Avenue, Fallon Street, and Resort Drive. Internally, there are street lights along the local streets and within the parking lots. The lights are spaced to provide adequate security lighting and provide safe illumination for pedestrians walking after dark. The preliminary lighting plan for streets and alleys therein is in accordance with the requirements of the BMC. Each light spacing and design would meet City of Bozeman Design Standards and Specifications Policy. 17. Miscellaneous. a. Health and Safety. With the recommended conditions of approval and required code provisions, the subdivision is not expected to adversely impact public health and safety. The intent of the regulations in Chapter 38 of the Bozeman Municipal Code (BMC) is to protect the public health, safety and general welfare. The subdivision has been reviewed by the Development Review Committee (DRC) which has determined that it is in general compliance with the BMC standards, as amended by the proposed Preliminary PUD, and with recommended conditions and code provisions. Conditions deemed necessary to ensure compliance have been noted throughout this staff report. Code provisions Numbers 1 and 2 require full compliance with all applicable State and BMC code requirements. All subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, Montana Code Annotated (MCA) and as a result, the Department of Community Development has reviewed this application against the listed criteria and further provides the following summary from 271 Community Development Board Staff Report for Ferguson Farms II Major Subdivision Preliminary Plat; Project 19027 Page 24 of 31 Applicant submittal materials and requirements. It is noted that all infrastructure would meet City standards as amended by the approved P-PUD and as approved by the Director of Transportation and Engineering per the P-PUD requests. b. Historical Features. Damon Murdo, Cultural Records Manager of the Montana Historical Society, has not noted any previously designated cultural properties in the area. If any historic items are discovered during construction, the State Historic Preservation Office would be contacted. 18. Affordable Housing. Not applicable. There is no residential use proposed for this subdivision, although the UMU underlying zoning and the PUD land use controls would allow a variety of housing types. 19. Adopted Growth Policy Consistency. Project Site zoning and Growth Policy implications: The subdivision land (Site) is designated “Community Commercial Mixed Use” in the Bozeman Community Plan Future Land Use Map. 272 Community Development Board Staff Report for Ferguson Farms II Major Subdivision Preliminary Plat; Project 19027 Page 25 of 31 This category is intended to “promote commercial areas necessary for economic health and vibrancy. This includes professional and personal services, retail, education, health services, offices, public administration, and tourism establishments. Density is expected to be higher than it is currently in most commercial areas in Bozeman and should include multi-story buildings. Residences on upper floors, in appropriate circumstances, are encouraged. The urban character expected in this designation includes urban streetscapes, plazas, outdoor seating, public art, and hardscaped open space and park amenities. High density residential areas are expected in close proximity. Developments in this land use area should be located on one or two quadrants of intersections of the arterial and/or collector streets and integrated with transit and non-automotive routes. Due to past development patterns, there are also areas along major streets where this category is organized as a corridor rather than a center. Although a broad range of uses may be appropriate in both types of locations, the size and scale is to be smaller within the local service areas. Building and site designs made to support easy reuse of the building and site over time is important. Mixed use areas should be developed in an integrated, pedestrian friendly manner and should not be overly dominated by any single use. Higher intensity uses are encouraged in the core of the area or adjacent to significant streets and intersections. Building height or other methods of transition may be required for compatibility with adjacent development. Smaller neighborhood scale areas are intended to provide local service to an area of approximately one half-mile to one mile radius as well as passersby. These smaller centers support and help give identity to neighborhoods by providing a visible and distinct focal point as well as employment and services. Densities of nearby homes needed to support this scale are an average of 14 to 22 dwellings per net acre.” Staff Comment: The Site is zoned Urban Mixed Use (UMU) which is an implementing zoning district for the Community Commercial Mixed Use Future Land Use designation. The subject property was annexed to the City in 2000 by the Applicant and it was initially-zoned Business Park (B-P) District. In March 2006, the Applicant submitted a zoning text amendment application to create a new zoning district called Urban Mixed Use District (UMU). In August 2007, by Ordinance No. 1681, the Urban Mixed Use District (UMU) was established. In April 2008, at the request of the Applicant, the 31-acre subject property was rezoned from B-P, Business Park District to the new UMU District by Ordinance No. 1745. This is the only UMU-zoned land in the City. According to the Bozeman Municipal Code/ Unified Development Code: “Urban mixed-use zoning district (UMU) The intent and purposes of the UMU urban mixed-use district are to establish areas within the city that are mixed-use in character, and to set forth certain minimum standards for development within those areas which encourage vertical mixed-use development with high density. The purpose in having an urban mixed-use district is to provide options for a variety of employment, retail and community service opportunities within the community, with incorporated opportunity for some residential uses, while providing predictability in uses and standards to landowners and residents. There is a rebuttable presumption that the uses set forth for each district will be compatible both within the individual districts and with adjoining zoning districts when the standards of this chapter are 273 Community Development Board Staff Report for Ferguson Farms II Major Subdivision Preliminary Plat; Project 19027 Page 26 of 31 met and any applicable conditions of approval have been satisfied. Additional requirements for development apply within overlay districts. 1. It is the further the intent of this district to: a. Allow complementary land uses which encourage mixed uses on individual floors including, but not limited to, retail, offices, commercial services, restaurants, bars, hotels, recreation and civic uses, and housing, to create economic and social vitality and to encourage the linking of trips; b. Foster the development of vertically oriented mixed uses, in contrast to single use development distributed along high vehicle capacity roadways; c. Encourage development that exhibits the physical design characteristics of vibrant, urban, pedestrian-oriented, storefront-style shopping streets with pedestrian amenities; d. Provide roadway and pedestrian connections to residential areas; e. Provide appropriate locations and design standards for automobile and truck- dependent uses; f. Create central urban gathering places such as community squares or plazas; g. Allow for urban oriented recreational activities consistent with the standards and intent of the district; and h. To encourage and support the use of sustainable building practices. 2. To accomplish the intent of the district, the UMU district should ideally be located at the intersections of major traffic corridors; that is, at the intersections of two arterials, or, less frequently, an arterial and a collector street. The major intersections should have or be planned to have a stop light or other active traffic control. While placement at major intersections is a necessary precondition, not all major intersections should have the UMU district adjacent to them. Additionally, placement of this district should be adjacent or near to dense residential development to enhance walking and bicycle use.” Sec. 38.330.010. UMU district—Special standards. A. A UMU district is anticipated to generally be not less than 20 acres in area. The city may approve a lesser area of not less than ten acres upon finding that a smaller area will still provide for adequate transition between adjacent districts, provide a reasonable community setting for the intensity of the district, and that a smaller area will not constitute spot zoning. B. The district must be surrounded by perimeter streets unless precluded by topography. C. Block frontages and building orientation. See division 38.510 for applicable standards for all development types. D. Site planning and design element standards. See division 38.520 for applicable standards for all development types. E. Building standards. 274 Community Development Board Staff Report for Ferguson Farms II Major Subdivision Preliminary Plat; Project 19027 Page 27 of 31 1. Building design. See division 38.520 for applicable standards for all development types. 2. Floor-to-floor heights and floor area of ground-floor space. a. All commercial floor space provided on the ground floor of a mixed-use building must have a minimum floor-to-ceiling height of 13 feet. [changed to 15 feet floor to floor height] b. All commercial floor space provided on the ground floor of a mixed-use building must contain the following minimum floor area: (1) At least 800 square feet or 25 percent of the lot area (whichever is greater) on lots with street frontage of less than 50 feet; or (2) At least 20 percent of the lot area on lots with street frontage of 50 feet or more. 3. Street-level openings on parking structures must be limited to those necessary for retail store entrances, vehicle entrance and exit lanes, and pedestrian entrances to stairs and elevator lobbies. Parking structures adjacent to streets must have architectural detailing such as, but not limited to, standard size masonry units such as brick, divided openings to give the appearance of windows, and other techniques to provide an interesting and human-scaled appearance on the story adjacent to the sidewalk. F. Special parking standards. 1. Maximum surface parking. a. In order to achieve the intent of the district and achieve efficiency in the use of land, surface parking provided for the sole use of an individual development must not exceed 100 percent of the minimum parking requirement for the subject land use based upon the requirements of division 38.540 of this chapter. The UMU district may utilize the parking reductions authorized in section 38.540.050.2.c.1. All qualifying reductions must be included in determining the 100 percent requirement. b. Exemptions to section 38.330.010.G.1.a, to allow unstructured surface parking up to 100 percent of the minimum parking requirement exclusive of reductions may be approved through the development review process for developments that provide shared parking to other development, valet parking spaces, parking for off-site users for which an hourly or other regular rent is paid, or similarly managed parking facilities. 2. Structured parking incentive. A floor area bonus of one square foot may be granted for each square foot of area of parking provided within a building. Additional height of building is allowed to accommodate this additional building area per Table 38.320.050. 3. Bicycle parking. Covered bicycle parking must be provided. The covered spaces must be at least one-half of the total minimum bicycle parking. The minimum number of 275 Community Development Board Staff Report for Ferguson Farms II Major Subdivision Preliminary Plat; Project 19027 Page 28 of 31 covered spaces must be the greater of either ten bicycle parking spaces or five percent of motor vehicle parking provided on-site. G. Lighting. All building entrances, pathways, and other pedestrian areas must be lit with pedestrian-scale lighting (e.g., wall mounted, sidewalk lamps, bollards, landscaping lighting, etc.). Alternative lighting meeting the intent of the design guidelines and other criteria of this chapter may be approved through site development review. H. Public spaces. The UMU district is urban in nature. Public parks and recreational areas are likewise expected to be urban in nature. This will include elements such as plazas or other hardscapes, landscaping with planters, furniture, developed recreation facilities such as basketball and tennis courts or indoor recreation facilities, and will be more concentrated in size and development than anticipated in a less urban setting. The requirements of this section give direction in the development of park plans and the application of the standards of division 38.420 of this chapter. The parkland dedication requirements of division 38.420 of this chapter may be satisfied by a cumulative contribution of land and the value of on-site improvements to create spaces with the characteristics and functions described in this section. Development within the UMU district may also utilize any of the options of sections 38.420.030 and 38.420.100 to satisfy the requirements of section 38.420.020.A. The requirements of this section must prevail if these standards conflict with the application of the standards of article 4 of this chapter. 1. Public spaces must be designed to facilitate at least three of the following types of activities to encourage consistent human presence and activity. 2. Public spaces must be designed to: a. Facilitate social interaction between and within groups; b. Provide safe, pleasant, clean and convenient sitting spaces adaptable to changing weather conditions; c. Be attractive to multiple age groups; d. Provide for multiple types of activities without conflicting; e. Support organized activities; f. Be visually distinctive and interesting; g. Interconnect with other public and private spaces; and h. Prioritize use by persons. Staff Evaluation: The proposed 31-acre subdivision is a wholly commercial development with 72 lots consisting of 49 buildable lots, 14 open space lots, 9 parking lots and roads and alleys. The Community Commercial Mixed Use Community Plan Future Land Use Map (FLUM) designation would recommend residential uses within the mix of land uses, however, it is not required. The UMU, Urban Mixed Use zoning designation would also recommend residential uses as part of the mix of land uses, but it is not required. Should an individual developer of a particular lot choose to include residential uses, both the FLUM and 276 Community Development Board Staff Report for Ferguson Farms II Major Subdivision Preliminary Plat; Project 19027 Page 29 of 31 the UMU zoning would allow it. The requested Preliminary Planned Unit Development (P- PUD) deviations would not preclude it within this development. Except for the requested deviations in development standards and mix of uses, the P-PUD would be consistent with the Community Commercial Mixed Use land use designation. 5. The provision of legal access and easements to and within the subdivision for the location and installation of any necessary utilities. Code Provision No. 3 requires all easements, existing and proposed, must be accurately depicted and addressed on the Final Plat and in the Final Plat application. Public utilities must be located within dedicated street right of ways. Utility easements need to be provided and granted with the Final Plat in accordance with public and private design standards. 6. The provision of legal and physical access to each parcel within the subdivision and the notation of that access on the applicable plat and any instrument transferring the parcel. Access to the property is from Ferguson Avenue, Huffine Lane, Fallon Street and Resort Drive which are City-owned and maintained roads. However, within the subdivision, there are 6 lots to be developed exclusively for structured parking that do not have legal and physical access to a public street as required by BMC Section 38.400.090.B.2. These 6 lots are shown below in Figure 8. The Preliminary PUD requests a waiver from this requirement for consideration by the Director of Transportation and Engineering. The Final Plat cannot be approved if this waiver is not granted. Therefore, Condition No. 1 requires that the PUD with the appropriate deviations or waivers must be granted by the Director of Transportation and Engineering and approved by the City Commission prior to approval by the City Commission of this subdivision Final Plat. 277 Community Development Board Staff Report for Ferguson Farms II Major Subdivision Preliminary Plat; Project 19027 Page 30 of 31 FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds are anticipated to be changed by this subdivision. APPENDIX A – NOTICING AND PUBLIC COMMENT Notice was provided at least 15 and not more than 45 days prior to the Community Development Board and City Commission public hearings. Pursuant to BMC 38.220.420, notice was provided by posting the site, mailing by certified mail to the Applicant and adjacent property owners and by first class mail to all other owners within 200 feet on November 6, 2022. The site was posted with a notice on November 6, 2022 and a legal advertisement was published in the Bozeman Daily Chronicle on November 6 and 13, 2022. Content of the notice contained all elements required by Article 38.220., BMC. No public comment has been received by the November 23, 2022 date of this staff report. Figure 8: 278 Community Development Board Staff Report for Ferguson Farms II Major Subdivision Preliminary Plat; Project 19027 Page 31 of 31 APPENDIX B - OWNER INFORMATION Owner/Applicant: Boardwalk Properties, Inc, 101 E. Main Street, Suite D, Bozeman, MT 59715; delaney@delaneynco.com Combs Capital LC, 1095 Cougar Drive, Bozeman, MT 59718 Representative: Tyler Steinway, Intrinsik Architecture, 106 East Babcock Avenue, Suite 1A, Bozeman, MT 59715, tsteinway@intrinsikarchitecture.com Report By: Susana Montana, Senior Planner, smontana@bozeman.net Staff Engineer: Cody Flammond, cflammond@bozeman.net ATTACHMENTS Attachment A: Applicant’s Application Narration Full Project Description Attachment B: Neighborhood Center and Skywalk Narration Subdivision Plat Sheets 1 through 4 (separately) The full application and file of record can be viewed digitally at: https://weblink.bozeman.net/WebLink/Browse.aspx?startid=203350&cr=1 279 Memorandum REPORT TO:Community Development Board FROM:Chris Saunders, Community Development Manager Anna Bentley, Community Development Director SUBJECT:MSU Innovation Campus Growth Policy Amendment to Amend the Future Land Use Map from Public Institutions to Regional Commercial and Services on Approximately 42 Acres Located Southwest of the Intersection of College Street and S. 23rd Avenue, Application 22282 MEETING DATE:December 5, 2022 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:Continue to January 9, 2023. 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 has requested the continuation of this item. UNRESOLVED ISSUES:None. ALTERNATIVES:None. FISCAL EFFECTS:None Report compiled on: December 1, 2022 280 Memorandum REPORT TO:Community Development Board FROM:Chris Saunders, Community Development Manager Anna Bentley, Community Development Director SUBJECT:Upcoming Items Expected for December 19, 2022 Community Development Board Meeting MEETING DATE:December 5, 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 19, 2022 Community Development Board meeting. 1. 1825 W. Kagy Blvd ZMA, in capacity as zoning commission, application 22249 5. 1200 E Main Street ZMA, in capacity as zoning commission, application 22184 UNRESOLVED ISSUES:None. ALTERNATIVES:None. FISCAL EFFECTS:None. Report compiled on: December 1, 2022 281