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HomeMy WebLinkAbout01-23-23 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(Sagstetter) E.Consent Items E.1 Design recommendations regarding Wallace Works Site Plan and Commercial Certificate of Appropriateness proposal for the new construction of five buildings that include a parking garage, 58 residential units, and commercial space. The site is vacant and is zoned Northeast Historic Mixed Use (NEHMU). The project is located in the Bozeman Brewery Historic District in the Neighborhood Conservation Overlay District.(Rosenberg) THE COMMUNITY DEVELOPMENT BOARD OF BOZEMAN, MONTANA CDB AGENDA Monday, January 23, 2023 This meeting will be held both in-person and also using Webex, an online videoconferencing system. You can join this meeting: Via Webex Click the Register link, enter the required information, and click submit. Click Join Now to enter the meeting. Via Phone: This is for listening only if you cannot watch the stream, channel 190, or attend in-person United States Toll +1-650-479-3208 Access code: 2551 692 2955 If you are interested in commenting in writing on items on the agenda please send an email to agenda@bozeman.net prior to 12:00pm on the day of the meeting. Public comments will be accepted in-person during the appropriate agenda items. You may also comment by visiting the Commission's comment page. You can also comment by joining the Webex meeting. If you do join the Webex meeting, we ask you please be patient in helping us work through this hybrid meeting. As always, the meeting will be streamed through the Commission's video page and available in the City on cable channel 190. 1 E.2 Design recommendations regarding West Babcock Apartments Site Plan and Commercial Certificate of Appropriateness proposal for the new construction of a five-story mixed use building that will contain 52 residential units and commercial on the ground floor and an enclosed parking garage. The site is B-2M and is located within the Neighborhood Conservation Overlay District. There are two existing structures on the property that are proposed to be demolished.(Rosenberg) E.3 Community Development 2022-2023 Work Plan, Annual Progress Report (Bentley) F.Public Comments This is the time to comment on any matter falling within the scope of the Community Development Board. There will also be time in conjunction with each agenda item for public comment relating to that item but you may only speak once. Please note, the Community Development Board cannot take action on any item which does not appear on the agenda. All persons addressing the Community Development Board shall speak in a civil and courteous manner and members of the audience shall be respectful of others. Please state your name and place of residence in an audible tone of voice for the record and limit your comments to three minutes. General public comments to the Board can be found in their Laserfiche repository folder. G.Action Items G.1 1603 Bridger Drive Annexation and Zone Map Amendment Establishing Initial Zoning of R-2 , Residential Moderate Density, for a property addressed at 1603 Bridger Drive on approximately 0.7417 Acres located north of Bridger Drive approximately one-third of a mile east of Story Mill Road; Application 22247.(Rogers) G.2 A Zone Text Amendment to modify the City’s development code to restrict Greek Letter Organizations to the R-5, R-O as principal uses, and conditionally in the R-3 zoning district. Application 22270. Text amendment will apply to all applicable zoning districts.(Rogers) G.3 The MSU Innovation Campus Growth Policy Amendment to Amend the Bozeman Community Plan 2020 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) G.4 Northwest Crossing Phase 2 Preliminary Plat application, to subdivide five restricted development lots platted with Northwest Crossing Phase 1 into 264 developable lots with associated stormwater, open space, city park, easements, and right of way. Located southwest of the corner of Baxter Lane and North Cottonwood Road. Application 22129.(Garber) H.FYI/Discussions H.1 Upcoming Items Expected for February 6, 2023, Community Development Board Meeting(Saunders) I.Adjournment 2 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. 3 Memorandum REPORT TO:Community Development Board FROM:Sam Sagstetter - Technician 2 Lacie Kloosterhof - CD Office Manager Anna Bentley - CD Director SUBJECT:Approval of Minutes MEETING DATE:January 23, 2023 AGENDA ITEM TYPE:Minutes RECOMMENDATION:Approve meeting minutes from January 9, 2023. 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: 010923 CDB Minutes.pdf Report compiled on: January 18, 2023 4 Bozeman City Commission Meeting Minutes, January 09, 2023 Page 1 of 3 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday January 09, 2023 Present: Gerald Pape, Allison Bryan, Brady Ernst, Henry Happel, Padden Guy Murphy, Chris Egnatz, Jennifer Madgic Absent: John Backes Excused: Nicole Olmstead A) 00:02:14 Call to Order - 6:00 pm B) 00:03:18 Disclosures C) 00:03:27 Changes to the Agenda D) 00:03:59 Approval of Minutes D.1 Approval of Minutes CD Board Meeting Minutes 12-19-22.pdf 00:04:07 Motion to approve D) Approval of Minutes Gerald Pape: Motion Jennifer Madgic: 2nd 00:04:17 Vote on the Motion to approve D) Approval of Minutes The Motion carried 7 - 0. Approve: Gerald Pape Allison Bryan Brady Ernst Henry Happel Padden Guy Murphy Chris Egnatz 5 Bozeman City Commission Meeting Minutes, January 09, 2023 Page 2 of 3 Jennifer Madgic Disapprove: None E) 00:04:52 Consent Items E.1 Design recommendation regarding West Side Flats Phases 2-3 site plan proposal for a total of 84 apartment homes in six apartment buildings in phases 2 & 3 of the West Side Flats Master Site Plan, NE of the corner of Water Lily Dr. and Fallon St., Application 22026 22026 DRB SR.pdf 00:05:29 Public Comment 00:06:41 Motion to approve E) Consent Items Gerald Pape: Motion Chris Egnatz: 2nd 00:07:43 Vote on the Motion to approve E) Consent Items The Motion carried 7 - 0. Approve: Gerald Pape Allison Bryan Brady Ernst Henry Happel Padden Guy Murphy Chris Egnatz Jennifer Madgic Disapprove: None F) 00:08:04 Public Comments G) 00:13:52 Action Items G.1 Work Session: Development Code Update 00:14:02 The consultant team presents to the board. H) 01:31:00 FYI/Discussions H.1 01:31:01 2022 Citizen Advisory Board Ethics Trainings 6 Bozeman City Commission Meeting Minutes, January 09, 2023 Page 3 of 3 01:32:06 Staff member Taylor Chambers presents to the board. H.2 02:10:28 Community Development 2022-2023 Work Plan, Annual Progress Report Advisory Board 2022 Work Plan_Annual Progress Report Jan 2023.pdf H.3 02:11:35 Upcoming Items Expected for January 23, 2023 Community Development Board Meeting I) 02:27:31 Adjournment This board generally meets the first and third Monday of the month from 6:00 pm to 8:00 pm. 7 Memorandum REPORT TO:Community Development Board FROM:Sarah Rosenberg, Associate Planner Anna Bentley, Director of Community Development SUBJECT:Design recommendations regarding Wallace Works Site Plan and Commercial Certificate of Appropriateness proposal for the new construction of five buildings that include a parking garage, 58 residential units, and commercial space. The site is vacant and is zoned Northeast Historic Mixed Use (NEHMU). The project is located in the Bozeman Brewery Historic District in the Neighborhood Conservation Overlay District. MEETING DATE:January 23, 2023 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Recommend approval of the site plan with conditions, application 22156 to the Community Development Director as presented and provide design recommendations and Board Member discussion. 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 Community Development Board is reviewing this application in its role as the Design Review Board. The Bozeman Municipal Code (BMC) 38.230.040 sets the thresholds for projects that need the review of the DRB. The DRB was established by 2.05.3000 BMC to provide design recommendations regarding larger proposals to the review authority. The DRB makes recommendations to the City Commission and Director of Community Development. Chapter 38, Article 3 provides code provisions relevant to aesthetic considerations. These include Form and Intensity Standards (38.320), Zone Specific Provisions (38.330), and Overlay District Standards (38.340). Chapter 38, Article 5 provides code provisions regarding aesthetic considerations. These 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). Sections 5 and 7a through 7g of the staff report attached discuss these code provisions. Materials in the submittal relevant to the DRB duties include: Application narration material sections (002) Project Narrative, (014) Departure Narrative 8 Application drawing material sections (L000) Landscape Plan Overall, (L200) Hardscape Plan South, (L201) Hardscape Plan North, (L300) Planting Plan Southwest, (L301) Planting Plan Southeast, (L302) Planting Plan North, (A002) Renderings, (A003) Project Axons, (A201- 205) Floor Level Plans, (A400-405) Building Elevations, (E1.1-3.1) Site Lighting Plan and cutsheets There are no conditions of approval that relate to the DRB's duties. A site plan/commercial certificate of appropriateness (CCOA) application was submitted by the applicant to construct five buildings in the Northeast Historic Mixed Use (NEHMU) District. The property is located within the Brewery Historic District and in the Neighborhood Conservation Overlay District (NCOD). The five buildings include two rowhouses, a mixed-use building with commercial on the ground floor and three levels of residential above, and a four-story parking garage wrapped with commercial on the north side facing Tamarack Street and four levels of residential on the south side. In total there are 58 residential units. The applicant is requesting one departure request for the front orientation of a rowhome towards Aspen Street which the Development Review Committee (DRC) is in support of. The project is still under review by the DRC but there are no unresolved issues. These corrections are not related to the overall building and site design which may still be evaluated by the DRB. As the project stands, the Planning staff finds that there are no remaining corrections to the design requirements. The Engineering Division is still reviewing the project for all community design requirements including transportation facilities and access, grading, drainage, utilities, and easements. If corrections are pending review, they will be identified in the staff report. The full application can be viewed at these Laserfische Links: Application 22156 Wallace Works Site Plan/Commercial Certificate of Appropriateness UNRESOLVED ISSUES:None ALTERNATIVES:As identified by the Community Development Board FISCAL EFFECTS:Unknown at this time Attachments: 22156 CDB Staff report.pdf BClem_PublicComment_1.16.pdf Report compiled on: January 13, 2023 9 Staff Report Wallace Works Site Plan & CCOA Application 22156 January 13, 2023 Page 1 of 16 Application No. 22066 Type Site Plan, Commercial Certificate of Appropriateness Project Name Wallace Works Summary New construction of five buildings that include a parking garage, residential units, and commercial spaces. The residential component includes 58 units - 11 rowhomes, 5 live-work units, and 42 one-bedroom and studio apartments. The project also includes street level leasable commercial storefronts along Wallace Avenue and Tamarak Street. The parking garage contains 200+ parking spaces. The property is located in the NCOD and in the Bozeman Brewery Historic District. Zoning NEHMU Growth Policy Community Commercial Mixed Use Parcel Size 64,251 SF Overlay District(s) Neighborhood Conservation Overlay District Street Address 801 N. Wallace Avenue Legal Description Lot 2 & 3 of Plat C-23-A18, Lot 2 of Plat C-23-A16, & Tract 1 of Minor Subdivision No. 3, City of Bozeman, Gallatin County, MT Owner Bangtail Partners, LLC, 113 E. Oak Street, Suite 4B, Bozeman, MT 59715 Applicant Flato Architects, 900 Isom Road, Suite #110, San Antonio TX 79212 Representative Nest Partners LLC, 113 E. Oak Street, Suite 4B, Bozeman, MT 59715 Staff Planner Sarah Rosenberg Engineer Suzanne Ryan Noticing Public Comment Period Site Posted Adjacent Owners Mailed Newspaper Legal Ad 1/9 – 1/24/2023 1/9/2023 1/9/2023 NA Advisory Boards Board Date Recommendation Development Review Committee December 21, 2022 Adequate Community Development Board January 23, 2023 TBD Recommendation The application is adequate, conforms to standards, and is sufficient for approval with conditions and code provisions as noted below. Decision Authority Director of Community Development Date Full application: https://weblink.bozeman.net/WebLink/Browse.aspx?startid=262033 Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715 10 Staff Report Wallace Works Site Plan & CCOA Application 22156 January 13, 2023 Page 2 of 16 FINDINGS OF FACT AND APPEAL PROVISIONS CERTIFICATE A) PURSUANT to Chapter 38, Article 2, Bozeman Municipal Code (BMC), and other applicable sections of Ch.38, BMC, public notice was given, opportunity to submit comment was provided to affected parties, and a review of the Site Plan described in this report was conducted. The Applicant proposed to the City a Site Plan (SP), Commercial Certificate of Appropriateness (CCOA) to permit the construction of five buildings that include a parking garage, residential units, and commercial space. The purposes of the Site Plan review were to consider all relevant evidence relating to public health, safety, welfare, and the other purposes of Ch. 38, BMC; to evaluate the proposal against the criteria of Sec. 38.230.100 BMC, and the standards of Ch. 38, BMC; and to determine whether the application should be approved, conditionally approved, or denied. B) It appeared to the Director that all parties and the public wishing to examine the proposed Site Plan and offer comment were provided the opportunity to do so. After receiving the recommendation of the relevant advisory bodies established by Ch. 38, Art. 210, BMC, and considering all matters of record presented with the application and during the public comment period defined by Ch. 38, BMC, the Director has found that the proposed Site Plan would comply with the requirements of the BMC if certain conditions were imposed. Therefore, being fully advised of all matters having come before them regarding this application, the Director makes the following decision. C) The Site Plan has been found to meet the criteria of Ch. 38, BMC, and is therefore approved, subject to the conditions listed in this report and the correction of any elements not in conformance with the standards of the Title. The evidence contained in the submittal materials, advisory body review, public testimony, and this report, justifies the conditions imposed on this development to ensure that the Site Plan complies with all applicable regulations, and all applicable criteria of Ch. 38, BMC. On this ______ day of ________________, 2023, Anna Bentley, Director of Community Development, approved with conditions this Site Plan for and on behalf of the City of Bozeman as authorized by Sec. 38.200.010, BMC. D) This Director of Community Development’s project decision may be appealed by filing a documented appeal with and paying an appeal fee to the Clerk of the Commission for the City of Bozeman within 10 working days after the date of the final decision as evidenced by the Director’s signature, following the procedures of Sec. 38.250.030, BMC. DIRECTOR OF COMMUNITY DEVELOPMENT DRAFT CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. Additional conditions of approval and code corrections are required and will be included with the final report provided to the Director of Community Development. 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 (BMC) or State law. 2. City of Bozeman Resolution 5076, Policy 1 - The applicant must provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SIDs) on City standard form for the following: a. Street improvements to N Rouse Avenue between Bond Street and E Lamme Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. 11 Staff Report Wallace Works Site Plan & CCOA Application 22156 January 13, 2023 Page 3 of 16 b. Street improvements to E Tamarack St between N Tracy Avenue and L street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. c. Street improvements to E Peach Street between N Tracy Lane to Plum Avenue including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. d. Street improvements to L street between E Tamarack St and E Oak Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. e. Intersection improvements at Oak Street and Rouse Ave including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. f. Intersection improvements at Peach St and Rouse Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. g. Intersection improvements at E Tamarack St and Rouse Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. h. Intersection improvements at E Tamarack St and L Street including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. DRAFT CODE PROVISIONS 1. BMC 38.250.060. The applicant must pay the departure fee prior to final site plan approval. 2. BMC 38.410.130 - The Applicant must pay the Cash-in-lieu of Water Rights (CILWR) prior to final site plan approval. 3. BMC 38.420.030 - The Applicant must pay the Cash-in-lieu of Parkland (CILP) prior to final site plan approval. 4. BMC 38.240.350. A subdivision exemption application is required for the lot merger. It must be filed prior to final site plan approval. 12 Staff Report Wallace Works Site Plan & CCOA Application 22156 January 13, 2023 Page 4 of 16 Figure 1: Current Zoning Map 13 Staff Report Wallace Works Site Plan & CCOA Application 22156 January 13, 2023 Page 5 of 16 Figure 2: Community Plan Future Land Use 14 Staff Report Wallace Works Site Plan & CCOA Application 22156 January 13, 2023 Page 6 of 16 Figure 3: Proposed site plan 15 Staff Report Wallace Works Site Plan & CCOA Application 22156 January 13, 2023 Page 7 of 16 Figure 3: Elevations 16 Staff Report Wallace Works Site Plan & CCOA Application 22156 January 13, 2023 Page 8 of 16 Figure 4: Conceptual Renderings 17 Staff Report Wallace Works Site Plan & CCOA Application 22156 January 13, 2023 Page 9 of 16 ANALYSIS AND FINDINGS Analysis and resulting recommendations based on the entirety of the application materials, municipal codes, standards, plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis in this report is a summary of the completed review. Plan Review, Section 38.230.100, BMC In considering applications for plan approval under this title, the Director of Community Development shall consider the following: 1. Conformance with Article 1 - Consistency with the City’s adopted Growth Policy 38.100.040.D Meets Code? Growth Policy Land Use Community Commercial Mixed Use Yes Zoning NEHMU (Northeast Historic Mixed Use District) Yes Comments: Growth Policy - Community Commercial Mixed Use: The Community Commercial Mixed Use category promotes commercial areas necessary for economic health and vibrancy. This includes professional and personal services, retail, education, health services, offices, public administration and tourism establishments. Density is expected to be higher than it is currently in most commercial areas in Bozeman and should include multi-story buildings. Residences on upper floors, in appropriate circumstances, are encouraged. The proposal supports the goal of higher density and mixed use development by the CCMU land use designation. Zoning District - Northeast Historic Mixed Use: 1.The intent of the northeast historic mixed-use district is to provide recognition of an area that has developed with a blend of uses not commonly seen under typical zoning requirements. The unique qualities and nature of the area are not found elsewhere in the city and should be preserved as a place offering additional opportunities for creative integration of land uses. The intent of this area is to allow private and case-by-case determination of the most appropriate use of land in a broad range of both non-residential and residential uses. Standards for buffering between different land uses are deliberately not as high as standards elsewhere in the community as it is assumed that persons choosing to locate in this area are aware of the variety of possible adjacent land uses and have accepted such possibilities as both acceptable and desirable. It is expected that the lots within this district will continue to develop under a variety of uses which may increase or decrease in scope in any given portion of the district.2.The clear intent of this district is to support a mix and variety of non-residential and residential uses. Nothing in division 38.300 of this article shall be interpreted to be discouraging or prejudicial to any listed use except as set forth as principal and special uses. The proposed use supports an integration of both non-residential and residential uses that fits into the area of the Northeast neighborhood. 2. Conformance with Article 1 - All other applicable laws, ordinances, and regulations (38.100.080) Condominium ownership Yes, with future submittal Comments: A separate Condominium Review (CR) is required to create condominiums. 3. Conformance with Article 2, including the cessation of any current violations (38.200.160) Meets Code? Current Violations NA Comments: There are no current violations on the subject property 18 Staff Report Wallace Works Site Plan & CCOA Application 22156 January 13, 2023 Page 10 of 16 4. Conformance with Article 2 - Submittal material (38.220) requirements and plan review for applicable permit types (38.230) Meets Code? Site Plan Yes Submittal requirements 38.220.100 Yes Phasing of development 38.230.020.B No. of phases: 1 Yes Comments: The site plan criteria are met with this project. The proposal conforms to zoning provisions, community design provisions, and project design provisions. See analysis below for how each criteria is met in the articles Any additional use permit (Conditional Use Permit) 38.230.120 or (Special use Permit) 38.230.120 NA Comments: The use is allowed by right and no CUP or SUP is required. 5. Conformance with Article 3 - Zoning Provisions (38.300) Meets Code? Permitted uses 38.310 Mixed use – apartments, rowhouses, commercial, parking garage Yes Form and intensity standards 38.320 Zoning: Setbacks (feet) Structures Parking / Loading Yes Front Refer to block frontage under Section 7a Refer to block frontage under Section 7a Rear 3’ NA Side 3’ NA Alley 5’ NA Comments: There are five buildings on the site total 146,034 gross square feet of new construction. Two rowhouses, a bodega, a mixed use building with commercial on the ground floor and three levels of residential above, and a parking garage wrapped with commercial on the north side facing Tamarack Street and work live studios on the ground level of the south side and residential units on the three levels above. The commercial use, inclusive of the commercial parking structure is 99,229 square feet. There are 58 residential units total which totals 46,805 square feet. Building A (multi-family) includes four studio units. Building B (multi-family) includes 16 one bedroom units, 5 live-work units, and 22 studio units. Building C (rowhouse) includes two two-bedroom units and four one-bedroom rowhouse. Building D (rowhouse) includes five two-bedroom units. The proposed buildings meet setback requirements. Lot coverage 59% total Allowed: 40-100% Yes Building height 22’-50’ Allowed: 40’-50’ Yes Comments: Lot coverage and building height is determined based on the use of the building. The rowhomes can only account for 40% of the lot coverage and the rest of the buildings can cover 100% of the lot. In total, the lot coverage is 59% and the rowhomes cover less than 40% of the lot. Residential specific units follow R-2 standards that allows buildings with a roof pitch 3:12 or greater to be 40’ tall. The two townhomes are 22’ tall. Non-residential buildings can be 50’ tall. The bodega is 25’ tall, and the mixed-use building and parking garage are 50’ tall. Applicable zone specific or overlay standards 38.330-40 Yes 19 Staff Report Wallace Works Site Plan & CCOA Application 22156 January 13, 2023 Page 11 of 16 Comments: The property is located within the Neighborhood Conservation Overlay District (NCOD). See section 11 and 12 below for full analysis. General land use standards and requirements 38.350 Yes Comments: The proposal is consistent with the land use standards and criteria. Applicable supplemental use criteria 38.360 Yes Supplemental uses/type Townhouse/rowhouse dwellings Yes Comments: Two of the buildings are rowhouses and meet the standards outlined in Section 38.360.250. Each unit opens up onto a central pedestrian plaza. Wireless facilities 38.370 NA Affordable Housing 38.380.010 NA Affordable housing plan NA Comments: No affordable housing or wireless facilities are proposed with this site plan. 6a. Conformance with Article 4 - Community Design Provisions: Transportation Facilities and Access (38.400) Meets Code? Streets 38.400.010 Yes Street and road dedication 38.400.020 NA Access easements Yes, with conditions Level of Service 38.400.060 Yes Transportation grid adequate to serve site Yes Comments: A traffic impact study by TD&H Engineering was submitted to the Engineering Division who determined the findings of the study to be adequate for the proposed use. Sidewalks 38.400.080 Yes Comments: Sidewalks are required along all public roads. The existing sidewalks along Tamarack and Wallace will be replaced and widened. Drive access 38.400.090 Access to site: 2 Yes Fire lanes, curbs, signage and striping Yes Comments: Aspen Street on the south is a vacated city street with a mutual access agreement. Access to the parking garage is from Tamarack Street. Fire lanes, curbing, striping, signage and gutters have been reviewed and approved by the Fire Department and Engineering Division. Street vision triangle 38.400.100 Yes Transportation pathways 38.400.110 Yes Pedestrian access easements for shared use pathways and similar transportation facilities NA Public transportation 38.400.120 NA Comments: There are no known obstructions to the site vision triangles. There are no applicable pathways or transportation facilities, nor public transportation for this project. 6b. Conformance with Article 4 – Community Design Provisions: Community Design and Elements (38.410) Meets Code? Neighborhood centers 38.410.020 NA Comments: Based on the size of the project, a neighborhood center is not required. Lot and block standards 38.410.030-040 NA Midblock crossing: rights of way for pedestrians alternative block delineation NA Comments: The lots exist and meet standards. A subdivision exemption is required to merge the lots. 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 NA 20 Staff Report Wallace Works Site Plan & CCOA Application 22156 January 13, 2023 Page 12 of 16 Provisions for utilities including efficient public services and utilities 38.410.050-060 Yes Easements (City and public utility rights-of-way etc.) Yes Water, sewer, and stormwater Yes Other utilities (electric, natural gas, communications) Yes CIL of water rights (CILWR) Yes, with code requirement Comments: A Water, Sewer, and Storm Design Report was prepared by TD&H Engineering. It is still being reviewed by the Engineering Division. The CILWR is required to be paid prior to final site approval. Municipal infrastructure requirements 38.410.070 Yes Comments: Requirements for municipal infrastructure have been reviewed by the Engineering Department for functionality and compliance with adopted standards. Grading & drainage 38.410.080 Yes Location, design and capacity of stormwater facilities Yes Stormwater maintenance plan Yes Landscaping: native species, curvilinear, 75% live vegetation 38.410.080.H NA Comments: A Stormwater Plan was prepared by TD&H and approved by the City for the proposed project. The proposed storm water management system includes stormwater conveyance paths and pipes within the property, the subsurface retention chambers and inlets/manholes south and east of the parking structure, a floor drain within the southeast corner of the parking structure, and the existing PVC stormdrains in the ROW north and east of the property. Watercourse setback 38.410.100 NA Watercourse setback planting plan 38.410.100.2.f NA Comments: There is no watercourse on the property. 6c. Conformance with Article 4 – Community Design Provisions: Park and Recreation Requirements (38.420) Meets Code? Parkland requirements 38.420.020.A .52 ac. X 12 units/ac. X 0.03 ac.= 22,652 SF Yes Cash donation in lieu (CIL) 38.420.030 $2.30 per 1 SF (22,652) = $52,100 Yes Improvements in-lieu NA Comments: The applicant is proposing cash in lieu (CIL) of parkland. Pursuant to section 38.420.030.A, the review authority may determine whether the park dedication must be a land dedication, cash donation in-lieu of land dedication or a combination of both. The Parks and Recreation Director reviewed the criteria for evaluation of requests, as established per Resolution 4784, for use of CIL of parkland and concurred with the justification provided by the applicant. Due to the relatively small lot size and number of units proposed and the aim to create consolidated parkland of 1-acre or larger as established in the Parks, Recreation, Open Space and Trails Plan, staff recommends approval of the CILP proposal. This CIL is required to be paid prior to final plan approval per Code Requirements Number 3. Park Frontage 38.420.060 NA Park development 38.420.080 NA Recreation pathways 38.420.110 NA Park/Recreational area design NA Comments: Project is proposing CIL of parkland. This contribution must be paid to the City prior to final site plan approval. 7a. Conformance with Article 5 – Project Design: Block Frontage Standards (38.510) Meets Code? Block frontage classification Mixed/Landscape Yes Departure criteria Front orientation of a building Yes with code requirement 21 Staff Report Wallace Works Site Plan & CCOA Application 22156 January 13, 2023 Page 13 of 16 Comments: Tamarack Street, Wallace Avenue, and Aspen Street are considered mixed block frontage. The applicant has chosen to utilize landscape block frontage as the option to comply with mixed. Building placement: All buildings are meeting minimum 10’ building setback along the Landscape block frontage designations. This also accommodates the 10’ utility easement on all street facing property lines. Building entrances: The buildings have entrances facing the streets. Façade transparency: All buildings with non-residential uses require at least 40% transparency which is met. Weather Protection: All building entrances have provided weather protection of at least 3’ in depth. Parking location: All parking is within the parking garage. Landscaping: The area between the street and building is a combination of landscaping (adjacent to the sidewalk), and pedestrian oriented space adjacent to the building. Sidewalk width: The existing sidewalk along Wallace and Tamarack will connect to a larger pedestrian plaza. A new 5 foot sidewalk along Aspen will be installed that has sections that open onto a larger pedestrian plaza. Departure Request: The applicant proposes a departure of 38.510.020.F.1(d) for the front orientation of Building D (rowhouse) to not be oriented towards Aspen Street. The applicant’s argument is that the easement along Aspen Street prohibits any structures to be placed in it. Also, since Aspen is a dead-end and the entrances face an open courtyard that the standard is still met. Staff finds that the departure meets the intent. As outlined in code requirement 1, the applicant must pay the departure fee prior to final site plan approval. 7b. Conformance with Article 5 – Project Design: Site Planning and Design Elements (38.520) Meets Code? Design and arrangement of the elements of the plan (e.g., buildings, circulation, open space and landscaping, etc.) so that activities are integrated with the organizational scheme of the community, neighborhood, and other approved development and produce an efficient, functionally organized and cohesive development Yes Relationship to adjacent properties 38.520.030 Yes Non-motorized circulation and design systems to enhance convenience and safety across parking lots and streets, including, but not limited to paving patterns, pathway design, landscaping and lighting 38.520.040 Yes Comments: The proposed development conforms to requirements of Section 38.520. The buildings are connected to on-site amenities both on and off the property. Design of vehicular circulation systems to assure that vehicles can move safely and easily both within the site and between properties and activities within the general community 38.520.050 Yes Internal roadway design 38.520.050.D NA Comments: Requirements of BMC 38.520 such as design of vehicular circulation systems were reviewed by the Engineering Department and found adequate. On-site open space 38.520.060 Yes Total required 4700 SF for multi-household, 10% for rowhouses (1021.4 SF), 2% for commercial uses (1254 SF) Yes 22 Staff Report Wallace Works Site Plan & CCOA Application 22156 January 13, 2023 Page 14 of 16 7d. Conformance with Article 5 – Parking (38.540) Meets Code? Parking requirements 38.540.050 125 Yes Parking requirements residential 38.540.050.A.1 84 Reductions residential 38.540.050.A.1.b NA Parking requirements nonresidential 38.540.050.A.2 48 Reductions nonresidential 38.540.050.A.2.c 40 (15% for structure parking) Provided off-street 216 Provided on-street NA Bicycle parking 38.540.050.A.4 22 Yes Comments: All parking is accommodated within the parking garage and also serve as parking for area. Bicycle parking is located along the sidewalks and enclosed in the parking garage. Loading and uploading area requirements 38.540.080 NA First berth – minimum 70 feet length, 12 feet in width, 14 feet in height NA Additional berth – minimum 45 feet length NA Comments: NA 7e. Conformance with Article 5 – Landscaping (38.550) Meets Code? Mandatory landscaping requirements 38.550.050 Yes Drought tolerant species 75% required Yes Parking lot landscaping NA Additional screening NA Street frontage Yes Street median island NA Acceptable landscape materials Yes Protection of landscape areas Yes Irrigation: plan, water source, system type Yes Residential adjacency Yes Total provided 4700 SF for multi-household, 1070 SF for rowhouses, 1255 SF for commercial Yes Comments: This proposal meets the open space criteria. The multi-household dwelling open space includes balconies, a roof deck, and ground level open space. The rowhomes include front porches and the commercial space includes a central pedestrian plaza. The common open spaces are centrally located throughout the development. Location and design of service areas and mechanical equipment 38.520.070 Yes Comments: The service areas are located in an enclosed space off the parking garage towards Tamarack and a screened area along Aspen Street. Utility meters are screened by landscaping. 7c. Conformance with Article 5 – Project Design: Building Design (38.530) Meets Code? Compatibility with, and sensitivity to, the immediate environment of the site and the adjacent neighborhoods and other approved development 38.530.030 Yes Building massing and articulation 38.530.040 Yes Building details, materials, and blank wall treatments 38.530.050-070 Yes Comments: All of the buildings on the property adhere to the building design standards. Each building design implements a variety of architectural features to achieve “repetition by variety” including building articulation, change in materials, use of weather protection features, and change in window size and placement. There is a cohesiveness amongst each of the buildings that responds to the site’s context but also a distinguishable difference amongst the uses and how it fits into the overall neighborhood. 23 Staff Report Wallace Works Site Plan & CCOA Application 22156 January 13, 2023 Page 15 of 16 Comments: The project has been reviewed and found to be in conformance with the landscaping requirements, including, but not limited to, minimum drought tolerant species proposed, street frontage landscaping, and acceptable landscape materials proposed. Street trees are proposed along Tamarack, Wallace, and Aspen. Landscaping of public lands 38.550.070 NA Comments: NA 7f. Conformance with Article 5 – Signs (38.560) Meets Code? Allowed SF/building 38.560.060 NA Proposed SF/building NA Comments: No signs are proposed with the site plan. A sign permit will be required prior to any signs installed. 7g. Conformance with Article 5 – Lighting (38.560) Meets Code? Site lighting (supports, cutoff, footcandles, temperature) 38.570.040 Yes Building-mounted lighting (supports, cutoff, footcandles, temperature) 38.570.040.B Yes Comments: The project proposes wall mount lighting that is full cut off. There is no measurable lighting proposed that leaves the Site. The project lighting is found to be sufficient and meets code. 8. Conformance with Article 6 – Natural Resource Protection Meets Code? Floodplain regulations 38.600 NA Wetland regulations 38.610 NA Comments: NA 9. Relevant Comment from Affected Parties (38.220) Meets Code? Public Comment Comments: The public notice period runs from January 3 to 24, 2023. No public comment has been received at the time this report was written. 10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code? Subdivision exemptions Code provision Required easements Code provision Comments: A subdivision exemption is required for the merger of the lots prior to final site plan approval. 11. Standards for Certificate of Appropriateness (38.340) Meets Code? Certificate of appropriateness standards Yes Secretary of the Interiors Standards NA Architectural appearance 38.340.050 Yes NCOD Design Guidelines Yes Comments: The proposed project is located within the NCOD and is within the Bozeman Brewery Historic District. This means that the project must address the standards of 38.340.040 and the Bozeman Guidelines for Historic Preservation and the Neighborhood Conservation Overlay District for new construction. The Lehrkind Brewery was located on the property but demolished in 2015 due to safety concerns from the Building Division. It has been vacant since. The Bozeman Brewery Historic District is composed of five historic buildings; a one-story building on the east side of Wallace, the Lehrkind mansion and three modest houses affiliated with the Lehrkind family south of Aspen Street. The guidelines for this historic district include recommending any new design reflect the district character such as the use of brick materials, simple rectangular forms, and other design elements found in the area. It also states that the mansion should be retained as the dominant residential building within the area. To accommodate a buffer between the development and historic mansion, the lower intensity uses are proposed on the south side, which include the two sets of rowhouses and a single story bodega. The higher intensity uses are along the north and east side where higher intensity and industrial uses exist. The project uses a combination of materials and building forms found in the area that recognize the northeast neighborhood such as brick, flat roofs on the higher density buildings, pitched roof on the rowhouses, and simple rectangular forms. Another distinct character of the Brewery district is how the buildings address the street which they do along Wallace and Tamarack. 24 Staff Report Wallace Works Site Plan & CCOA Application 22156 January 13, 2023 Page 16 of 16 25 1 Sarah Rosenberg From:Bobbi Clem <bbiclem@gmail.com> Sent:Monday, January 16, 2023 2:40 PM To:Sarah Rosenberg Subject:Letter of Support for Wallace Works - Application 22156 CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. To the City of Bozeman Department of Community Development Att: Sarah Rosenberg I am the owner of the Wallace North LLC, which is located immediately to the east of the proposed Wallace Works property. I would like to go on record that I support the proposal. I have long thought that this area of the NE neighborhood is where there should be more density. While the property owners could have built a monolithic 4-story structure right up to the property line, they have kept the tall structure to the back of the property, and the buildings facing the street are more human scale. The developer has also tried to maintain the character of the neighborhood in their material choices. They also have proposed more affordable housing than what is required by code, something desperately needed in Bozeman. -- Bobbi Clem, President Wallace North LLC 5450 37th Ave SW Seattle, WA 98126 406 570 2594 bbiclem@gmail.com 26 Memorandum REPORT TO:Community Development Board FROM:Sarah Rosenberg, Associate Planner Anna Bentley, Director of Community Development SUBJECT:Design recommendations regarding West Babcock Apartments Site Plan and Commercial Certificate of Appropriateness proposal for the new construction of a five-story mixed use building that will contain 52 residential units and commercial on the ground floor and an enclosed parking garage. The site is B-2M and is located within the Neighborhood Conservation Overlay District. There are two existing structures on the property that are proposed to be demolished. MEETING DATE:January 23, 2023 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Recommend approval of the site plan with conditions, application 22066, to the Community Development Director as presented and provide design recommendations and Board Member discussion. 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 Community Development Board is reviewing this application in its role as the Design Review Board. The Bozeman Municipal Code (BMC) 38.230.040 sets the thresholds for projects that need the review of the DRB. The DRB was established by 2.05.3000 BMC to provide design recommendations regarding larger proposals to the review authority. The DRB makes recommendations to the City Commission and Director of Community Development. Chapter 38, Article 3 provides code provisions relevant to aesthetic considerations. These include Form and Intensity Standards (38.320), Zone Specific Provisions (38.330), and Overlay District Standards (38.340). Chapter 38, Article 5 provides code provisions regarding aesthetic considerations. These 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). Sections 5 and 7a through 7g of the staff report attached discuss these code provisions. Materials in the submittal relevant to the DRB duties include: Application narration material sections (10) Project Narrative, (15) 27 Resubmittal Narrative Application drawing material sections A0.05-A2.87, architectural plans Conditions that relate to the DRB's duties include blank wall mitigation on the east elevation (condition number 2). A site plan/commercial certificate of appropriateness (CCOA) application was submitted by the applicant to construct one mixed use building in the Community Business District - Mixed (B-2M). The property is located in the Neighborhood Conservation Overlay District (NCOD) but not a historic district. The building will be a five story building that contains 52 residential units, shared amenity spaces, commercial space on the ground level and an enclosed parking garage. There are two existing structures on the site that are proposed to be torn down, one which is considered contributing. The applicant is requesting two departure requests for setback for landscape block frontage and weather protection which the Development Review Committee (DRC) is in support of. The project is still under review by the DRC but there are no unresolved issues. These corrections are not related to the overall building and site design which may still be evaluated by the DRB. As the project stands, the Planning staff finds that there are no remaining corrections to the design requirements. The Engineering Division is still reviewing the project for all community design requirements including transportation facilities and access, grading, drainage, utilities, and easements. If corrections are pending review, they will be identified in the staff report. The full application can be viewed at these Laserfische Links: Application 22066 West Babcock Apartments Site Plan/Commercial Certificate of Appropriateness UNRESOLVED ISSUES:None ALTERNATIVES:As identified by the Community Development Board FISCAL EFFECTS:Unknown at this time Attachments: 22066 CDB Staff report.pdf Public comment_Application 22066.pdf Report compiled on: January 13, 2023 28 Staff Report West Babcock Apartments Application 22066 January 13, 2023 Page 1 of 17 Application No. 22066 Type Site Plan, Commercial Certificate of Appropriateness, Demolition Project Name West Babcock Apartments Summary New construction of a 64,356 square foot, five story building that contains 52 residential units, shared amenity spaces, 395 sf of commercial space on the ground level, and an enclosed parking garage. The project proposes to demolish the two existing structures on the site. The property is located in the NCOD but not within a Historic District. Zoning B-2M Growth Policy Community Commercial Mixed Use Parcel Size 20,314 sf/.466 acres Overlay District(s) Neighborhood Conservation Overlay District Street Address 818 W. Babcock Avenue, Bozeman, MT 59715 Legal Description West Park Addition, S12, T02 S, R05 E, Block 4, Lot 9-10, & W20’ Lot 8 and West Park Addition, S12, T02 S, R05 E, Block 4, Lot 5-7, E5’ Lot 8 Owner Babcock Partners, LLC PO Box 6220, Bozeman, MT 59771 Applicant Minarik Architecture, 618 N. Wallace Avenue, Bozeman, MT 59715 Representative Same as applicant Staff Planner Sarah Rosenberg Engineer Mikaela Schutlz Noticing Public Comment Period Site Posted Adjacent Owners Mailed Newspaper Legal Ad 1/3 – 1/24/2023 1/3/2023 1/3/2023 NA Advisory Boards Board Date Recommendation Development Review Committee December 21, 2022 Adequate Community Development Board January 23, 2023 TBD Recommendation The application is adequate, conforms to standards, and is sufficient for approval with conditions and code provisions as noted below. Decision Authority Director of Community Development Date Full application: https://weblink.bozeman.net/WebLink/Browse.aspx?startid=261700 Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715 29 Staff Report West Babcock Apartments Application 22066 January 13, 2023 Page 2 of 17 FINDINGS OF FACT AND APPEAL PROVISIONS CERTIFICATE A) PURSUANT to Chapter 38, Article 2, Bozeman Municipal Code (BMC), and other applicable sections of Ch.38, BMC, public notice was given, opportunity to submit comment was provided to affected parties, and a review of the Site Plan described in this report was conducted. The Applicant proposed to the City a Site Plan (SP), Commercial Certificate of Appropriateness (CCOA), and Demolition Application to permit a five story multifamily building and demolish two existing structures. The purposes of the Site Plan review were to consider all relevant evidence relating to public health, safety, welfare, and the other purposes of Ch. 38, BMC; to evaluate the proposal against the criteria of Sec. 38.230.100 BMC, and the standards of Ch. 38, BMC; and to determine whether the application should be approved, conditionally approved, or denied. B) It appeared to the Director that all parties and the public wishing to examine the proposed Site Plan and offer comment were provided the opportunity to do so. After receiving the recommendation of the relevant advisory bodies established by Ch. 38, Art. 210, BMC, and considering all matters of record presented with the application and during the public comment period defined by Ch. 38, BMC, the Director has found that the proposed Site Plan would comply with the requirements of the BMC if certain conditions were imposed. Therefore, being fully advised of all matters having come before them regarding this application, the Director makes the following decision. C) The Site Plan has been found to meet the criteria of Ch. 38, BMC, and is therefore approved, subject to the conditions listed in this report and the correction of any elements not in conformance with the standards of the Title. The evidence contained in the submittal materials, advisory body review, public testimony, and this report, justifies the conditions imposed on this development to ensure that the Site Plan complies with all applicable regulations, and all applicable criteria of Ch. 38, BMC. On this ______ day of ________________, 2023, Anna Bentley, Director of Community Development, approved with conditions this Site Plan for and on behalf of the City of Bozeman as authorized by Sec. 38.200.010, BMC. D) This Director of Community Development’s project decision may be appealed by filing a documented appeal with and paying an appeal fee to the Clerk of the Commission for the City of Bozeman within 10 working days after the date of the final decision as evidenced by the Director’s signature, following the procedures of Sec. 38.250.030, BMC. DIRECTOR OF COMMUNITY DEVELOPMENT DRAFT CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. Additional conditions of approval and code corrections are required and will be included with the final report provided to the Director of Community Development. 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 (BMC) or State law. 2. BMC 38.530.070. The east elevation requires blank wall mitigation. The applicant must provide the city a design with the building permit and it must be installed prior to occupancy of the building. 3. BMC 40.04.010. With the building permit, a control structure with that the garage storm drains and garage sump will be treated to meet city water quality metric before being stored and infiltrated in the retention chamber. 30 Staff Report West Babcock Apartments Application 22066 January 13, 2023 Page 3 of 17 4. City of Bozeman Resolution 5076, Policy 1 - The applicant must provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SIDs) on City standard form for the following: a. Street improvements to West Babcock Street between South 11th Avenue and South 19th Avenue including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. b. Street improvements to West Main Street between West Babcock Street and South 11th Avenue including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. c. Intersection improvements at 19th Avenue and West Main including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. d. Intersection improvements at South 11th Avenue and West Main including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. e. Intersection improvements at South 11th Avenue and West Babcock including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. DRAFT CODE PROVISIONS 1. BMC 38.250.060. The applicant must pay for the two departure fees prior to final site plan approval. 2. BMC 38.410.130 - The Applicant must pay the Cash-in-lieu of Water Rights (CILWR) prior to final site plan approval. 3. BMC 38.420.030 - The Applicant must pay the Cash-in-lieu of Parkland (CILP) prior to final site plan approval. 4. BMC 38.240.350. A subdivision exemption application is required for the lot merger. It must be filed prior to final site plan approval. 31 Staff Report West Babcock Apartments Application 22066 January 13, 2023 Page 4 of 17 Figure 1: Current Zoning Map 32 Staff Report West Babcock Apartments Application 22066 January 13, 2023 Page 5 of 17 Figure 2: Community Plan Future Land Use 33 Staff Report West Babcock Apartments Application 22066 January 13, 2023 Page 6 of 17 Figure 3: Proposed site plan 34 Staff Report West Babcock Apartments Application 22066 January 13, 2023 Page 7 of 17 Figure 34-5: Elevations 35 Staff Report West Babcock Apartments Application 22066 January 13, 2023 Page 8 of 17 36 Staff Report West Babcock Apartments Application 22066 January 13, 2023 Page 9 of 17 Figure 6: Conceptual Renderings 37 Staff Report West Babcock Apartments Application 22066 January 13, 2023 Page 10 of 17 Figure 7: Existing Structures 38 Staff Report West Babcock Apartments Application 22066 January 13, 2023 Page 11 of 17 ANALYSIS AND FINDINGS Analysis and resulting recommendations based on the entirety of the application materials, municipal codes, standards, plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis in this report is a summary of the completed review. Plan Review, Section 38.230.100, BMC In considering applications for plan approval under this title, the Director of Community Development shall consider the following: 1. Conformance with Article 1 - Consistency with the City’s adopted Growth Policy 38.100.040.D Meets Code? Growth Policy Land Use Community Commercial Mixed Use Yes Zoning B-2M (Community Business District-Mixed) Yes Comments: Growth Policy: Community Commercial Mixed Use: The Community Commercial Mixed Use category promotes commercial areas necessary for economic health and vibrancy. This includes professional and personal services, retail, education, health services, offices, public administration and tourism establishments. Density is expected to be higher than it is currently in most commercial areas in Bozeman and should include multi-story buildings. Residences on upper floors, in appropriate circumstances, are encouraged. The proposal supports the goal of higher density by the CCMU land use designation. It will also include a small commercial component on the site. Zoning District: Community Business District – Mixed: The intent of the B-2M community business district-mixed is to function as a vibrant mixed-use district that accommodates substantial growth and enhances the character of the city. This district provides for a range of commercial uses that serve both the immediate area and the broader trade area and encourages the integration of multi-household residential as a secondary use. Design standards emphasizing pedestrian oriented design are important elements of this district. Use of this zone is appropriate for arterial corridors, commercial nodes and/or areas served by transit. The proposed use supports an integration of multi-household residential that is nearby a range of commercial uses in the immediate area. 2. Conformance with Article 1 - All other applicable laws, ordinances, and regulations (38.100.080) Condominium ownership Yes, with future submittal Comments: A separate Condominium Review (CR) is required to create condominiums. 3. Conformance with Article 2, including the cessation of any current violations (38.200.160) Meets Code? Current Violations NA Comments: There are no current violations on the subject property 4. Conformance with Article 2 - Submittal material (38.220) requirements and plan review for applicable permit types (38.230) Meets Code? Site Plan Yes Submittal requirements 38.220.100 Yes Phasing of development 38.230.020.B No. of phases: 1 Yes 39 Staff Report West Babcock Apartments Application 22066 January 13, 2023 Page 12 of 17 Comments: The site plan criteria are met with this project. The proposal conforms to zoning provisions, community design provisions, and project design provisions. See analysis below for how each criteria is met in the articles Any additional use permit (Conditional Use Permit) 38.230.120 or (Special use Permit) 38.230.120 NA Comments: The use is allowed by right and no CUP or SUP is required. 5. Conformance with Article 3 - Zoning Provisions (38.300) Meets Code? Permitted uses 38.310 Mixed use – apartments and commercial Yes Form and intensity standards 38.320 Zoning: Setbacks (feet) Structures Parking / Loading Yes Front Refer to block frontage under Section 7a Refer to block frontage under Section 7a Rear 10’ 5’ Side 5’ 5’ Alley 5’ 5’ Comments: The proposed setbacks meet the minimum requirements. The subject property is adjacent to a R-4 zone district but per 38.320.060, there are no code requirements for a zone edge transition to be met. However, there is an alley to the south that buffers the B-2M from the R-4 zone district. The south side of the building only reaches 5 stories on half of the building with the other half only extending to the second story. Lot coverage 86.72% Allowed: 100% Yes Building height 59’-10” Allowed: 5 stories or 60’ (whichever is less) Yes Comments: The roof maintains a flat pitch. The building is five stories and the top floor has a step back of at least 10 feet. Applicable zone specific or overlay standards 38.330-40 Yes Comments: The property is located within the Neighborhood Conservation Overlay District (NCOD). See section 11 and 12 below for full analysis. General land use standards and requirements 38.350 Yes Comments: The proposal is consistent with the land use standards and criteria. Applicable supplemental use criteria 38.360 Yes Supplemental uses/type NA Comments: There are no additional uses within this section that are proposed with the project. Wireless facilities 38.370 NA Affordable Housing 38.380.010 NA Affordable housing plan NA Comments: No affordable housing or wireless facilities are proposed with this site plan. 6a. Conformance with Article 4 - Community Design Provisions: Transportation Facilities and Access (38.400) Meets Code? Streets 38.400.010 Yes Street and road dedication 38.400.020 NA Access easements Yes, with conditions Level of Service 38.400.060 Yes Transportation grid adequate to serve site Yes 40 Staff Report West Babcock Apartments Application 22066 January 13, 2023 Page 13 of 17 Comments: A traffic memorandum was provided to the Engineering Division who determined the findings of the study to be adequate for the proposed use. Sidewalks 38.400.080 Yes Comments: Sidewalks are required along all public roads and the aged sidewalks along West Babcock and South 9th Avenue will be replaced. Drive access 38.400.090 Access to site: 1 Yes Fire lanes, curbs, signage and striping Yes Comments: Vehicular access is provided off an alley via South 9th Avenue. Fire lanes, curbing, striping, signage and gutters have been reviewed and approved by the Fire Department and Engineering Division. Street vision triangle 38.400.100 Yes Transportation pathways 38.400.110 Yes Pedestrian access easements for shared use pathways and similar transportation facilities NA Public transportation 38.400.120 NA Comments: There are no known obstructions to the site vision triangles. There are no applicable pathways or transportation facilities, nor public transportation for this project. 6b. Conformance with Article 4 – Community Design Provisions: Community Design and Elements (38.410) Meets Code? Neighborhood centers 38.410.020 NA Comments: Based on the size of the project, a neighborhood center is not required. Lot and block standards 38.410.030-040 NA Midblock crossing: rights of way for pedestrians alternative block delineation NA Comments: The lots exist and meet standards. A subdivision exemption is required to merge the lots. 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 NA Provisions for utilities including efficient public services and utilities 38.410.050-060 Yes Easements (City and public utility rights-of-way etc.) Yes Water, sewer, and stormwater Yes Other utilities (electric, natural gas, communications) Yes CIL of water rights (CILWR) Yes, with code requirement Comments: A Water, Sewer, and Storm Design Report was prepared by Hyalite Engineering and approved by the City for the proposed project. Updated sewer, water, and fire services will be connected to the main that runs down West Babcock Street. The CILWR is required to be paid prior to final site approval. Municipal infrastructure requirements 38.410.070 Yes Comments: Requirements for municipal infrastructure have been reviewed by the Engineering Department for functionality and compliance with adopted standards. Any applicable conditions and code provisions related to the above-mentioned requirements are included in this staff report. Grading & drainage 38.410.080 Yes Location, design and capacity of stormwater facilities Yes Stormwater maintenance plan Yes Landscaping: native species, curvilinear, 75% live vegetation 38.410.080.H NA Comments: A Stormwater Plan was prepared by Hyalite Engineering and approved by the City for the proposed project. The proposed storm water management system consists of valley gutter, catch curb, stormwater inlets, stormwater conveyance pipes, and an underground detention or infiltration system. Watercourse setback 38.410.100 NA 41 Staff Report West Babcock Apartments Application 22066 January 13, 2023 Page 14 of 17 Watercourse setback planting plan 38.410.100.2.f NA Comments: There is no watercourse on the property. 6c. Conformance with Article 4 – Community Design Provisions: Park and Recreation Requirements (38.420) Meets Code? Parkland requirements 38.420.020.A .46 ac. X 6 units/ac. X 0.03 ac.= .18 acres = 7841 SF Yes Cash donation in lieu (CIL) 38.420.030 $2.30 per 1 SF (7841 SF) = $18,035 Yes Improvements in-lieu NA Comments: The applicant is proposing cash in lieu (CIL) of parkland. Pursuant to section 38.420.030.A, the review authority may determine whether the park dedication must be a land dedication, cash donation in-lieu of land dedication or a combination of both. The Parks and Recreation Director reviewed the criteria for evaluation of requests, as established per Resolution 4784, for use of CIL of parkland and concurred with the justification provided by the applicant. Due to the relatively small lot size and number of units proposed and the aim to create consolidated parkland of 1-acre or larger as established in the Parks, Recreation, Open Space and Trails Plan, staff recommends approval of the CILP proposal. This CIL is required to be paid prior to final plan approval per Code Requirements Number 3. Park Frontage 38.420.060 NA Park development 38.420.080 NA Recreation pathways 38.420.110 NA Park/Recreational area design NA Comments: Project is proposing CIL of parkland. This contribution must be paid to the City prior to final site plan approval. 7a. Conformance with Article 5 – Project Design: Block Frontage Standards (38.510) Meets Code? Block frontage classification Mixed/Storefront. Landscape/Special Residential Yes Departure criteria Block frontage setback for landscape; weather protection Yes with code requirement Comments: West Babcock and South 9th are considered mixed block frontage. The applicant has proposed storefront along Babcock and landscape/special residential along South 9th. Storefront Block Frontage: Along West Babcock, the building is placed right along the property line and has a space depth of 27’. The uses along it include commercial space and residential amenities. Façade transparency, building entrances, and sidewalk meet the storefront block frontage standards. A departure is requested for the weather protection, which requires a five foot awning along 60% of the façade. The applicant proposes 30% weather protection along the façade but also insets the entrances to meet the intent of the weather protection provision. The applicant’s argument is that the inset entrance provides weather protection and can alleviate daylighting concerns by reducing ambient and reflected light. The recognition of the air column buffer that is created by a 4 story façade provides not only “equivalent weather protection benefits”, as referenced in 38.510.030.B.3.c, but provides greater benefits than that of awnings alone in this location. Staff finds that the departure meets the intent. Landscape/Special Residential: South 9th Avenue adheres to landscape block frontage and special residential as there are residential units on the ground floor. Façade transparency, building entrances, weather protection, and sidewalk width meet the block frontage standards. The applicant proposes a departure to reduce the 10-foot setback for landscape block frontage. The units have been elevated a minimum of 3 feet from the adjacent sidewalk with entry stoops and the entrances have been set in and rotated 90 degrees from the street and include railings, and landscaping between the sidewalk and unit. The setback is pulled forward from 10 feet to 5.5 feet. The proposed design meets the two of the three public/private transition elements per 38.510.030.J. Staff finds that the departure meets the intent. As outlined in code requirement 1, the applicant must pay the two departure fees prior to final site plan approval. 42 Staff Report West Babcock Apartments Application 22066 January 13, 2023 Page 15 of 17 7d. Conformance with Article 5 – Parking (38.540) Meets Code? Parking requirements 38.540.050 54 Yes Parking requirements residential 38.540.050.A.1 52 Reductions residential 38.540.050.A.1.b NA Parking requirements nonresidential 38.540.050.A.2 2 Reductions nonresidential 38.540.050.A.2.c NA Provided off-street 46 Provided on-street 8 Bicycle parking 38.540.050.A.4 83 7b. Conformance with Article 5 – Project Design: Site Planning and Design Elements (38.520) Meets Code? Design and arrangement of the elements of the plan (e.g., buildings, circulation, open space and landscaping, etc.) so that activities are integrated with the organizational scheme of the community, neighborhood, and other approved development and produce an efficient, functionally organized and cohesive development Yes Relationship to adjacent properties 38.520.030 Yes Non-motorized circulation and design systems to enhance convenience and safety across parking lots and streets, including, but not limited to paving patterns, pathway design, landscaping and lighting 38.520.040 Yes Comments: The proposed development conforms to requirements of Section 38.520. All balconies that face a side and rear property line adhere to light and air access standards. Design of vehicular circulation systems to assure that vehicles can move safely and easily both within the site and between properties and activities within the general community 38.520.050 Yes Internal roadway design 38.520.050.D NA Comments: Requirements of BMC 38.520 such as design of vehicular circulation systems were reviewed by the Engineering Department and found adequate. On-site open space 38.520.060 Yes Total required 5650 SF Yes Total provided 5690 SF Yes Comments: This proposal meets the open space criteria. Open space is provided as shared open space (roof desk, entry plaza), private balconies, and indoor recreational areas that include a fitness room, gear lounge, and residential lounge. Location and design of service areas and mechanical equipment 38.520.070 Yes Comments: The service areas are located to provide safe and convenient use along the alley. 7c. Conformance with Article 5 – Project Design: Building Design (38.530) Meets Code? Compatibility with, and sensitivity to, the immediate environment of the site and the adjacent neighborhoods and other approved development 38.530.030 Yes Building massing and articulation 38.530.040 Yes Building details, materials, and blank wall treatments 38.530.050-070 Yes Comments: The proposed building meets the massing and articulation requirements. The proposed design implements a variety of architectural features to achieve “repetition by variety” including building articulation, change in materials, use of weather protection features, and change in window size and placement. As outlined in condition of approval number 2, the east elevation requires blank wall mitigation. The applicant must provide the city a design with the building permit and it must be installed prior to occupancy of the building. 43 Staff Report West Babcock Apartments Application 22066 January 13, 2023 Page 16 of 17 Comments: Parking is provided with a combination of garage parking spaces (46) and on street spaces (8). The garage includes a mechanical parking system. There are 83 bicycle parking spaces with 59 located in an indoor gear lounge, 12 within the garage, and another 12 on the sidewalk. Loading and uploading area requirements 38.540.080 NA First berth – minimum 70 feet length, 12 feet in width, 14 feet in height NA Additional berth – minimum 45 feet length NA Comments: NA 7e. Conformance with Article 5 – Landscaping (38.550) Meets Code? Mandatory landscaping requirements 38.550.050 Yes Drought tolerant species 75% required Yes Parking lot landscaping NA Additional screening NA Street frontage Yes Street median island NA Acceptable landscape materials Yes Protection of landscape areas Yes Irrigation: plan, water source, system type Yes Residential adjacency Yes Comments: The project has been reviewed and found to be in conformance with the landscaping requirements, including, but not limited to, minimum drought tolerant species proposed, street frontage landscaping, and acceptable landscape materials proposed. Street trees are proposed along West Babcock and South 9th. Landscaping of public lands 38.550.070 NA Comments: NA 7f. Conformance with Article 5 – Signs (38.560) Meets Code? Allowed SF/building 38.560.060 NA Proposed SF/building NA Comments: No signs are proposed with the site plan. A sign permit will be required prior to any signs installed. 7g. Conformance with Article 5 – Lighting (38.560) Meets Code? Site lighting (supports, cutoff, footcandles, temperature) 38.570.040 Yes Building-mounted lighting (supports, cutoff, footcandles, temperature) 38.570.040.B Yes Comments: The project proposes wall mount lighting that is full cut off. There is no measurable lighting proposed that leaves the Site. The project lighting is found to be sufficient and meets code. 8. Conformance with Article 6 – Natural Resource Protection Meets Code? Floodplain regulations 38.600 NA Wetland regulations 38.610 NA Comments: NA 9. Relevant Comment from Affected Parties (38.220) Meets Code? Public Comment Comments: The public notice period runs from January 9 to 24, 2023. No public comment has been received at the time this report was written. 10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code? Subdivision exemptions Code provision Required easements Code provision Comments: A subdivision exemption is required for the merger of the lots prior to final site plan approval. 44 Staff Report West Babcock Apartments Application 22066 January 13, 2023 Page 17 of 17 11. Standards for Certificate of Appropriateness (38.340) Meets Code? Certificate of appropriateness standards Yes Secretary of the Interiors Standards NA Architectural appearance 38.340.050 Yes Comments: The proposed project is located within the NCOD but is not within a historic district. This means that the project must address the standards of 38.340.040 and the Bozeman Guidelines for Historic Preservation and the Neighborhood Conservation Overlay District for new construction. Since the site is zoned B-2M, the project considers the future development of the area to model density. See Attachment 1 for applicant’s description for how the design of the building and site meet CCOA criteria. Review of demolition of historic structures or sites 38.340.080 Yes Historic Structure per 38.700.090 Comments: The proposed project includes demolition of two existing structures. 812/814 W. Babcock is considered an eligible historic structure per the definition provided in article 7 of the UDC. 818 W. Babcock is not considered an eligible structure. Approval of the proposed subsequent development is required for all historic structures proposed for demolition and for the proposed movement of any structure of site 38.340.090. Yes Public Notice Yes Criteria for demolition of a historic structure Yes 1. The property’s historic significance. 812/814 W. Babcock is considered an eligible structure. Yes 2. Whether the structure has no viable economic life remaining. The existing structures are not appropriate for the underlying zone district. Yes 3. Whether the subsequent development complies with Section 38.340.050 (standards for certificates of appropriateness). The subsequent development meets design standards. Yes 4. Whether the subsequent development includes construction of new building(s) unless the existing character of the area does not include buildings. The proposal includes new construction. Yes 5. Subsequent development requires a building permit and does not include proposals which leave the site without building(s) or structure(s). The proposal will not leave the site vacant. Yes Notwithstanding the above, for projects proposing the removal of a historic structure, which do not qualify for sketch plan review pursuant to 38.230.070, the review authority may determine the proposed subsequent site development is more appropriate for the site based upon the criteria in 38.230.100 (plan review criteria). Yes Comments: No demolition of the structures are permitted until the site plan and building permit for the subsequent development is approved. Since the property is zoned as B-2M, the subsequent development is more appropriate for the site and will leave the site with a new infill building and will not result in a vacant site. The Director determines that the proposed subsequent site development is more appropriate for the site than the existing building and use based on the criterial in 38.230.100. 45 January 17, 2023 City of Bozeman Department of Community Development c/o Sarah Rosenberg srosenberg@bozeman.net Re: Application 22066, West Babcock Apartments Dear Community Development Board, The proposed construction of West Babcock Apartments (application #22066) is a monumental and deleterious change for this area of low density 1-2 story homes. We have owned and occupied our homes since 2003 and 2012 that are adjacent to this proposed project and have several serious concerns that we ask you to please consider. 1. Zoning. The intent of B-2M is to “provide for a range of commercial uses that serve both the immediate area and the broader trade area and encourages the integration of multi-household residential as a secondary use.” [emphasis added; 38.300.110.C, BMC]. However, this proposal is 99.4% residential (by SF). Furthermore, the intent and purpose of B-2M “is appropriate for arterial corridors, commercial nodes and/or areas served by transit.” The West Babcock Apartments would satisfy none of these three requirements. By all accounts, this proposal violates the appropriateness criteria of 38.300.100.C, BMC. Indeed, Deputy Mayor Terry Cunningham commented in the January 14, 2023 edition of the Bozeman Daily Chronicle that “B-2M can be hulking residential with not a lot of sensitivity to the neighbors…” Please consider seriously if this project meets the intent and appropriateness of B- 2M zoning, which currently it does not. 2. Height. A disappointing aspect is the proposed height of 60 feet. In B-2M zoning, the maximum height of residential buildings is 50 feet with a height maximum of 60 feet or 5 stories (whichever is less) provided to mixed- use buildings (38.320.050, fn.8, BMC). Please consider if the nominal and token 395 SF of commercial space (0.6% of total SF) statistically, functionally, and honestly qualifies as mixed-use and meets the City’s intent of offering this maximum height. If 0.6% of commercial space does qualify as mixed-use, this is a significant loophole that needs to be fixed in the BMC. The height is insensitive and invasive to neighbors. We have transformed our backyards into residential oases (see attached photo for 119 S. 8th) and spend lots of time enjoying these spaces. This massive building will forever loom over our backyard and invade our privacy. Furthermore, the sheer size of the building would violate the intent of Neighborhood Conservation Overlay Districts (NDOC). According to 38.340.010.C, BMC, the intent and purpose of NDOC is to (a) “stimulate the restoration and rehabilitation of structures, and all other elements contributing to the character and fabric of established residential neighborhoods,” and (b) “contributes to the aesthetic character and function of the property and surrounding neighborhood.” Using these criteria of NDOC, this proposal does not meet the intent and purpose outlined in section 38.340. We ask the committee to please consider imposing a maximum height much less than 60 feet for this building. 3. Traffic/Parking Garage. This project will significantly increase traffic, notably at intersections that are already problematic, dangerous, and prone to accidents (S. 8th and W. Babcock and S. 8th and W. Olive). Our biggest concern, however, is that the parking garage exits into very narrow, one-lane alleyways. From the proposed garage exit, these alleys run eastward to S. 8th Ave, westward to S. 9th Ave, and southward to W. Olive St. and were not designed to handle large amounts of traffic and cannot accommodate more than one car at a time. The presence of utility poles, fences, and garbage/recycling bins significantly reduce the functional width of these alleyways to 9 – 10 feet (even less for most of the alleyway between the proposed garage exit and 8th Ave, see photo), which is much narrower than the 14-foot width indicated on the application. The narrowness of the alleys means that entering and exiting traffic must wait on each other until one vehicle completely exits the alley. This means that the entering vehicle either reverses back into the street or waits in the street until the occupying vehicle exits. This situation is especially tenuous when entering and exiting from busy S. 8th. Most of the adjacent residences’ garages and parking spaces are only accessible via these alleys and we are concerned about the significant increases in 46 traffic associated with 52 residential dwellings—meaning potentially hundreds of additional cars using these narrow alleys. Moreover, these alleys exit onto two busy streets (S. 8th and Olive) where lack of visibility poses a safety concern due to street parking. We are also opposed to the paving of these alleys because (a) they would not make them more appropriate for the main entrances/exits into the parking garage, (b) would promote faster and unsafe driving as the alley is used by residents, pedestrians, bicyclists, dog walkers, and playing neighborhood children, and (c) would eliminate the semi-rural feel of the gravel and dirt nature of the alleys. We strongly urge the committee to redirect the entrance/exit traffic to W. Babcock and/or S. 9th Ave as these are already-paved, 2-way, city-maintained streets. The alleys are not maintained and become even narrower, rutted, and less appropriate in the winter. We urge you to drive down these alleyways before considering the proposed plan. 4. Noise/Light. The proposed large second floor shared deck with amenities (fire pits, etc.) would face our homes and would be about 50 – 100 feet from our bedroom and bedroom decks. We are concerned this area will host late-night parties and create lots of noise and therefore urge the committee to recommend a nightly curfew on the use of the shared open space. There is also a planned roof deck on the 5th level and private balconies on the 2nd and 5th levels. We are also concerned about mechanical noise created by heat pump condensers/compressors and exhaust fans. Such mechanical noise can already be loudly heard from SoBo Lofts and the Co-Op that are much farther away. We urge the committee to recommend that the proposal be sensitive to the placement and use of noise-cancelling technologies of these mechanical elements. Light pollution has become an important issue in Bozeman, and we feel that the light footprint created by this large structure would forever alter our nighttime experiences and filter into our residences through windows. Currently, we have very little light pollution due to the lack of near-by street lights or external lighting by our neighbors. Indeed, on a clear night the stars shine brightly. Walking around town looking at similar structures reveals a significant amount of external night lighting, often well into the early hours of the morning. Another intent and purpose of NDOC is to “Seek to maintain and enhance the many private and public elements that are unique to the fabric, theme and character of each neighborhood and area, including, but not limited to: lighting, pathways, street trees, natural areas and other features…” (38.340.010.F5, BMC). We urge the committee to recommend that the proposal be sensitive to light pollution and take necessary mitigation actions to maintain the current lighting character of the existing neighborhood as per the purpose of NDOC. Thank you for considering our concerns, and please do not hesitate to contact us with questions or to discuss our issues with this proposal. Sincerely, Justin Runyon and Casey Delphia 119 S 8th Ave Bozeman, MT 59715 jbr160@gmail.com Scott and Carrie Myers 113 S. 8th Ave Bozeman, MT 59715 montana.myers@gmail.com 47 The backyard at 119 S 8th Ave. The proposed 60-ft building would be visible on the upper right-hand corner of this photo and would look down into our yard. A height of 50 feet is more appropriate for this neighborhood, would be more sensitive to neighbors, and is the maximum height allowed for residential buildings. 48 Narrow alleyway, standing near proposed exit to parking garage looking east to S 8th Ave. 49 Memorandum REPORT TO:Community Development Board FROM:Anna Bentley, Director of Community Development SUBJECT:Community Development 2022-2023 Work Plan, Annual Progress Report MEETING DATE:January 23, 2023 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Approve. STRATEGIC PLAN:4.1 Informed Conversation on Growth: Continue developing an in-depth understanding of how Bozeman is growing and changing and proactively address change in a balanced and coordinated manner. BACKGROUND:On February 28, 2022, the Community Development Board voted to accept the Community Development Board Work Plan for 2022-2023 . As part of the High Performing Boards initiative, the City Clerk's Office has requested a brief annual progress statement on the approved Work Plans. The Board received a draft 2022-2023 Work Plan Annual Progress Report and provided comment at the January 9, 2023 meeting. The Board is now asked to approve the Annual Progress Report, after which staff would provide it to the City Clerk and City Commission for their acceptance. UNRESOLVED ISSUES:None. ALTERNATIVES:Not approve the Annual Progress Report. FISCAL EFFECTS:None. Attachments: Advisory Board 2022 Work Plan_Annual Progress Report Jan 2023.pdf Report compiled on: January 17, 2023 50 WP Item Description Strategic Priorities Connection Board Time Commitment Staff Time Commitment Schedule Status Review ZMA, Subdivisions, GPA - Ave. of 30 per year in 20 meetings 4.1, 4.2, 4.4 45 hours in 20 meeting plus 135 hours review time to prep 100 hours in meeting plus 50 hours prep /follow up On-going In progress WP Item Description Strategic Priorities Connection Board Time Commitment Staff Time Commitment Schedule Status Review text amendments re AH 4.1, 4.2, 4.5 8 hours in 3 hearings and 20 hours review time to prep 32 hours in 3 meetings and plus 25 hours prep /followup Spring-Fall Complete WP Item Description Strategic Priorities Connection Board Time Commitment Staff Time Commitment Schedule Status Review text amendments for UDO update 4.1, 4.2, 4.5, 6.3 10 hours in hearings and 60 hours review time to prep 30 hours in hearings and 120 hours prep /follow up Summer 2022- Fall 2023 In progress WP Item Description Strategic Priorities Connection Board Time Commitment Staff Time Commitment Schedule Status COMMUNITY DEVELOPMENT BOARD WORK PLAN 2022-23 Focus Area 4: Training Focus Area 1: Review of development applications as required in state law Focus Area 2: Affordable Housing Text Amendment Review Focus Area 3: Unified Development Code Update In addition to the matters specifically described in this Work Plan, the Board may, in consultation with the Department of Community Development, from time to time undertake to discuss and provide advice on any other matters directly relevant to the development of the community, consistent with the City’s adopted Strategic Plan. Year End Review -- January 2023 January 2023 Update: Board has completed approximately 40 legislative or quasi-judicial reviews (e.g., ZMA, Subdivisions, GPAs) as of January 1, 2023. Twelve DRB reviews have also been completed. January 2023 Update: Board completed review of three affordable housing related text amendments during the summer of 2022. All three were later approved by City Commission. January 2023 Update: Board has received briefings and updates regarding the UDC Revision project. Involvement continues. Text amendment review is anticipated late summer/early fall 2023. 51 Knowledge Building 4.1 4 hours in meetings and 4 hours prep/ follow up 8 hours in meeting and 12 hours prep As available In progress WP Item Description Strategic Priorities Connection Board Time Commitment Staff Time Commitment Schedule Status Annual report on Goals and Objectives per BCP2020 p 62 4.1 1 hour in meetings and 2 hour prep 2 hours in meeting and 16 hours prep. Spring 2022 Complete Annual report on implementation metrics per BCP2020 p 63-64 4.1 2 hour in meetings and 2 hour prep 6 hours in meetings and 80 hours prep. This is a lot of GIS time As GIS staffing is available In progress WP Item Description Strategic Priorities Connection Board Time Commitment Staff Time Commitment Schedule Status Duties per 7-6-1604, MCA 4.1, 4.2, 4.3, 4.5, 6.1, 6.3, 7.5 10 hours in meetings and 30 hours prep 50 hours in meetings and 75 hours prep Fall 2022 In progress January 2023 Update: Board received the Annual Report on August 15, 2022. January 2023 Update: Board will receive an update on the Growth Policy Hub Site in February 2023. January 2023 Update: Board reviewed the CIP in its capacity of Impact Fee Advisory Board on November 7 and 21 2022. Board will review a new impact fee study report after a consultant is brought on board and work begins (anticipated spring 2023). Focus Area 6: Impact Fee Studies Update Focus Area 5: Annual Report January 2023 Update: Board has received training in key responsibilities, and has received presentations from other agency staff on other programs of interest. Knowledge building activities expected to continue. 52 Memorandum REPORT TO:Community Development Board FROM:Tom Rogers, Senior Planner, Chris Saunders, Community Development Manager, Anna Bentley, Community Development Director SUBJECT:1603 Bridger Drive Annexation and Zone Map Amendment Establishing Initial Zoning of R-2 , Residential Moderate Density, for a property addressed at 1603 Bridger Drive on approximately 0.7417 Acres located north of Bridger Drive approximately one-third of a mile east of Story Mill Road; Application 22247. MEETING DATE:January 23, 2023 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 22247 and move to recommend approval of the 1603 Bridger Drive Zone Map Amendment, with contingencies required to complete the application processing. STRATEGIC PLAN:4.1 Informed Conversation on Growth: Continue developing an in-depth understanding of how Bozeman is growing and changing and proactively address change in a balanced and coordinated manner. BACKGROUND:The applicants and property owners, Per Hjalmarsson and Liam Durkin, seek to annex one parcel totaling roughly 0.7417 acres into the City limits and establish initial zoning of R-2, Residential Moderate Density. The property is currently zoned "Residential Suburban" within the county and hosts a single- household structure with a detached shed. Nearby municipal zoning includes Residential Single-Household Low Density (R-1) to the north and Residential Suburban (R-S) to the south. UNRESOLVED ISSUES:None ALTERNATIVES:1. Approve the application with contingencies as presented. 2. Deny the application based on findings of non-compliance with the applicable criteria contained within the staff report; or 3. Open and continue the public hearing, with specific direction to staff or the applicant to supply additional information or to address specific items. FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Annexation or Zone Map Amendment. Future development will incur costs and generate review according to standard City 53 practices. Attachments: 22247 1603 Bridger Drive ZMA ZC SR 1-17-2023.pdf Report compiled on: January 3, 2023 54 Page 1 of 29 22247 Staff Report for the 1603 Bridger Drive Annexation & ZMA Public Hearings: Community Development Board acting in their capacity as the Zoning Commission (map amendment only) January 23, 2023. City Commission (Annexation and map amendment) February 14, 2023 Project Description: Annexation of 0.7417 acres and amendment of the City Zoning Map for the establishment of a zoning designation of R-2. Project Location: 1603 Bridger Drive and more accurately described as Lots 19-20, Mount Baldy Subdivision, Located in the Southeast Quarter of Section 32, Township One South (T1S), Range Six East (R6E), P.M.M., Gallatin County, MT. The annexation and zone map amendment would also apply to the streets adjacent to the property. Recommendation: Meets standards for approval with contingencies. Recommended Zoning Commission Motion: Having reviewed and considered the staff re- port, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 22247 and move to rec- ommend approval of the 1603 Bridger Drive Zone Map Amendment, with contingen- cies required to complete the application processing. Recommended Annexation Motion: Having reviewed and considered the staff report, ap- plication materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 22247 and move to approve the 1603 Bridger Drive Annexation with recommended terms of annexation, and di- rect staff to prepare an annexation agreement for signature by the parties. City Commission Recommended Zoning Motion: Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 22247 and move to approve the 1603 Bridger Drive Zone Map Amendment, with contingencies required to complete the application pro- cessing. Report: January 18, 2023 Staff Contact: Tom Rogers, Senior Planner Agenda Item Type: Action – Legislative 55 Staff Report for the 22247; 1603 Bridger Drive Zone Map Amendment Page 2 of 29 EXECUTIVE SUMMARY This report is based on the application materials submitted and public comment received to date. This report only addresses the zoning amendment as the Community Development Board acting in their capacity as the Zoning Commission only considers the zone map amendment. A revised report addressing both the annexation and the zoning amendment will be made avail- able prior to the City Commission hearing on the application. Application materials are avail- able at https://weblink.bozeman.net/WebLink/Browse.aspx?startid=264155 Unresolved Issues There are no identified conflicts between the City and Applicant regarding the zoning at this time. Project Summary The applicants and property owners, Per Hjalmarsson and Liam Durkin, seek to annex one parcel totaling roughly 0.7417 acres into the City limits and establish initial zoning of R-2, Residential Moderate Density. The property is currently zoned “Residential Suburban” within the county. Nearby municipal zoning includes Residential Single-Household Low Density (R- 1) to the north and Residential Suburban (R-S) to the south. Land to the east and west is unincorporated and zoned “Residential Suburban” within the county. The future land use map in the Bozeman Community Plan 2020 designates the property as “Urban Neighborhood” which the R-2 district serves to implement. The adjacent road rights-of-way was annexed with previous annexations. There is an existing home with an attached garage, and a small shed located behind the home on the east side of the parcel. The following public adopted planning documents support urban development for the subject area if development is proposed on the site:  Bozeman Community Plan 2020  Gallatin County growth policy  Gallatin County/Bozeman Area Plan – County neighborhood plan  Transportation Master Plan 2017 – City transportation plan  Greater Bozeman Area Transportation Master Plan 2007 – Gallatin County Transpor- tation Plan  Water Facility Plan 2017 – City’s plan for water system operations and expansion  Wastewater Facility Plan 2015 – City’s plan for wastewater system operations and ex- pansion 56 Staff Report for the 22247; 1603 Bridger Drive Zone Map Amendment Page 3 of 29 Community Development Board - Zoning Commission The Community Development Board acting in their capacity as the Zoning Commission will hold a public hearing on January 23, 2023 before making a recommendation on the proposed zoning. Alternatives 1. Approve the application with the recommended contingencies and requested zoning; 2. Approve the application with modifications to the recommended contingencies or zoning; 3. Deny the application based on the Commission’s findings of non-compliance with the ap- plicable criteria contained within the staff report; or 4. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. 57 Staff Report for the 22247; 1603 Bridger Drive Zone Map Amendment Page 4 of 29 TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 2 Unresolved Issues ............................................................................................................... 2 Project Summary ................................................................................................................. 2 Community Development Board - Zoning Commission .................................................... 3 Alternatives ......................................................................................................................... 3 SECTION 1 - MAP SERIES .................................................................................................... 5 SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT..... 7 SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT..... 9 SECTION 4 – ADVISORY COMMENTS .............................................................................. 9 SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 10 Annexation ........................................................................................................................ 10 Zone Map Amendment ..................................................................................................... 10 SECTION 6 - ANNEXATION STAFF ANALYSIS AND FINDINGS ................................ 10 SECTION 7 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ........... 17 PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 27 APPENDIX A - NOTICING AND PUBLIC COMMENT .................................................... 27 APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 28 APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF ............................ 28 FISCAL EFFECTS ................................................................................................................. 29 ATTACHMENTS ................................................................................................................... 29 58 Page 5 of 29 SECTION 1 - MAP SERIES Project Vicinity Map Project Vicinity Map 59 Staff Report for the 22247; 1603 Bridger Drive Zone Map Amendment Page 6 of 29 Project Vicinity Map Showing the Bozeman Community Plan 2020 Future Land Use Map – Subject property is designated as Urban Neighborhood Project Vicinity Map Showing Near Vicinity Municipal Zoning Urban Neighborhood Community Commercial Mixed-Use Parks and Open Lands R-2 R-1 R-S Not annexed Not annexed Residential Mixed-Use Urban Neighborhood R-3 R-4 R-3 R-3 B-2M REMU R-5 Parks and Open Lands R-S REMU B-2 60 Page 7 of 29 SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT The following terms of annexation are recommended to enable the application to comply with the City’s Annexation Policy and the requirements of state law for the provision of ser- vices. Recommended terms of annexation: 1. The documents and exhibits to formally annex the subject property must be identified as the “1603 Bridger Drive Annexation”. 2. An Annexation Map, titled “1603 Bridger Drive Annexation Map” with a legal description of the property and any adjoining un-annexed rights-of-way and/or street access easements must be submitted by the applicant for use with the Annexation Agreement. The map must be supplied as a PDF for filing with the Annexation Agreement at the County Clerk & Recorder, and a digital copy for the City Engineer’s Office. This map must be acceptable to the Director of Public Works and City Engineer’s Office, and must be submitted with the signed Annexation Agreement. 3. The applicant must execute all contingencies and terms of said Annexation Agreement with the City of Bozeman within 60 days of the distribution of the annexation agreement from the City to the applicant or annexation approval shall be null and void. 4. The land owners and their successors must pay all fire, street, water and sewer impact fees at the time of connection; and for future development, as required by Chapter 2, Bozeman Municipal Code, or as amended at the time of application for any permit listed therein. 5. City of Bozeman Resolution 5076, Policy 1 – Bridger Drive is classified as a Principal Arterial in the Bozeman Transportation Master Plan (TMP), which has a minimum right- of-way ROW width of (110) feet. Currently, only ninety (90 feet) of ROW exists along the property frontage. An additional 15 feet of ROW must be provided along the prop- erty frontage prior to the adoption of Resolution of Annexation. The ROW must be exe- cuted using the City’s standard language. The applicant should contact the City Engi- neering Department to receive a copy the standard language. 6. If one does not already exist, a ten foot private utility easement must be provided along the property’s Bridger Drive frontage as well as along the future local street located at the back of the property prior to the adoption of Resolution of Annexation. The executed easement must be delivered to the City Engineering Department. The easement must be executed on the City’s standard easement form. A copy of the standard easement form may be obtained from the City Engineering Department. 7. Thirty feet (30 feet) of right-of-way (ROW) must be provided along the rear of the property prior to the adoption of Resolution of Annexation to allow the future connection 61 Staff Report for the 22247; 1603 Bridger Drive Zone Map Amendment Page 8 of 29 of a local street. The right-of-way must be executed using the City’s standard language. The applicant should contact the City Engineering Department to receive a copy the standard language. 8. If they do not already exist the applicant must provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) for the following: a. Street improvements to Bridger Drive from Story Mill to Boylan Road including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. a. Intersection improvements to Bridger Drive and Story Mill including lighting, sig- nalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. b. Intersection improvements to Bridger Drive and Boylan Road including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. The applicant may obtain a copy of the template SID waiver from the City Engineering Department. The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the applicant agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. The applicant must provide a copy of the SID waiver filed with the County Clerk and Recorder prior to the adoption of Resolution of Annexation. 9. The Annexation Agreement must include notice that the applicant must connect to municipal services and will be responsible for installing any facilities required to pro- vide full municipal services to the property in accordance with city policy at the time of connection. 10. The applicant must properly abandon the existing on-site septic tank and leach field prior to connection to the City sanitary sewer system. The applicant must report the abandon- ment to the City Water and Sewer Superintendent for inspection, and the applicant must report the abandonment to the Gallatin City County Health Department. In addition to abandonment of the septic tank and leach field, the applicant must demonstrate that the sanitary sewer service to the septic tank has been completely disconnected from the old septic system prior to connection to the City sanitary sewer system. 11. The applicant must completely disconnect the on-site well from the house prior to connec- tion to the City water system to protect the City’s system from cross contamination. The applicant must contact the City Water and Sewer Superintendent to inspect the disconnec- tion prior to connection of water service from the house to the City water system. 62 Staff Report for the 22247; 1603 Bridger Drive Zone Map Amendment Page 9 of 29 12. The applicant must contact Griffin Nielsen with the City Engineering Department to obtain an analysis of cash-in-lieu of water rights for the proposed annexation. The determined amount must be paid prior to annexation. SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT Please note that these contingencies are necessary for the City to complete the process of the proposed amendment. These contingencies only apply in the event that the related annexation request has previously been approved. Recommended Contingencies of Approval: 1. The Ordinance for the Zone Map Amendment must not be approved until the Annexation Agreement is signed by the applicant and formally approved by the City Commission. If the Annexation Agreement is not approved, the Zone Map Amendment application is null and void. 2. All documents and exhibits necessary to establish an initial municipal zoning designation must be identified as the “1603 Bridger Drive Zone Map Amendment”. 3. The applicant must submit a zone amendment map, titled “1603 Bridger Drive Zone Map Amendment”, as PDF and a digital copy of the area to be zoned, acceptable to the Director of Public Works, which will be utilized in the preparation of the Ordinance to officially amend the City of Bozeman Zoning Map. The map must contain a metes and bounds legal description of the perimeter of the subject properties, zoning district, and total acreage of the property. 4. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant pro- vides an editable metes and bounds legal description prepared by a licensed Montana sur- veyor. SECTION 4 – ADVISORY COMMENTS 1. The significant distance between the existing home and the available sewer mains and available elevation drop may require a private pump system to be installed. The City does not maintain or operate private pump systems, the owner of the property will be responsible for any system. 2. Future Impact Fees - Please note that future building permit applications will require pay- ment of the required transportation, water, sewer and fire impact fees according to the City of Bozeman adopted impact fee schedule in place at the time of building permit issuance. If you desire an estimate of the required impact fees according to current rates please con- tact the Department of Community Development and/or visit www.bozeman.net. 63 Staff Report for the 22247; 1603 Bridger Drive Zone Map Amendment Page 10 of 29 3. Upon future development of the parcel, the transfer of water rights or the payment of cash- in-lieu (CIL) of water rights must be provided per Bozeman Municipal Code 38.410.130. SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS Annexation The Development Review Committee (DRC) considered the annexation. The DRC did not make a formal recommendation and did not express concerns with annexation of the property. The City Commission will hold a public meeting on the annexation on February 14, 2023. The meeting will begin at 6 p.m. Zone Map Amendment Having considered the criteria established for a zone map amendment, the Staff finds the ap- plication meets criteria for approval as submitted. The 1603 Bridger Drive Zone Map Amend- ment (ZMA) is in conjunction with an annexation request. Staff’s recommendation and staff responses are predicated on approval of the annexation, application 22247. The Development Review Committee (DRC) considered the amendment. The DRC did not identify any infrastructure or regulatory constraints that would impede the approval of the Zone Map Amendment application. The Community Development Board acting in their capacity as the Zoning Commission will hold a public hearing on this ZMA on January 23, 2023 and will forward a recommendation to the Commission on the Zone Map amendment. The City Commission will hold a public hearing on the zone map amendment on February 14, 2023. The meeting will begin at 6 p.m. SECTION 6 - ANNEXATION STAFF ANALYSIS AND FINDINGS In considering applications for approval of the requested annexation, the advisory boards and City Commission shall consider the following: Commission Resolution No. 5076 Criteria In evaluating compliance with the following Goals and Policies, Staff considers the application materials, Terms of Annexation, and adopted standards of the City to determine whether the Goal or Policy can be met. Commission Resolution No. 5076 Goals 64 Staff Report for the 22247; 1603 Bridger Drive Zone Map Amendment Page 11 of 29 Goal 1: The City of Bozeman encourages annexations of land contiguous to the City. The property in question is contiguous to the City limits. The property is bounded on the north and south sides by City limits and County zoned property to the east and west. How- ever, the property is a part of a number of properties which are wholly surrounded inholding. Goal 2: The City encourages all areas that are totally surrounded by the City to an- nex. The subject property is not wholly surrounded. Goal 3: The City encourages all properties currently contracting with the City for City services such as water, sanitary sewer, and/or fire protection to annex. The subject property is not currently contracting for services. Goal 4: The City of Bozeman requires annexation of all land proposed for develop- ment lying within the existing and planned service area of the municipal water and sewer systems as depicted in their respective facility plans, any land proposed for devel- opment that proposes to utilize municipal water or sewer systems. The subject property lies within the planned service area of the municipal water and sewer services. Existing sewer and systems are installed. As noted above, the area in question is an inholding with nearby properties currently being served by full City services included emer- gency services, and streets. Goal 5: The City encourages annexations within the urban area identified on the future land use map in the current Bozeman Growth Policy. As shown in Section 1, the subject property is planned as Urban Neighborhood and is within the urban area of the growth policy. See the discussion under Criterion A of Section 6 of the report for more information on the growth policy. Goal 6: The City of Bozeman encourages annexations to make the City boundaries more regular rather than creating irregular extensions which leave unannexed gaps be- tween annexed areas or islands of annexed or unannexed land. The subject property is within a number of inholdings wholly surrounded by City Limits. Three nearby properties within the same subdivision were annexed into the City property owner’s request; one in 2018 at the see application 18143, another in 2021 see application 21123, and a third in currently finalizing the annexation process, see application 21147. The annexation of the subject property would further this goal. 65 Staff Report for the 22247; 1603 Bridger Drive Zone Map Amendment Page 12 of 29 Goal 7: The City of Bozeman encourages annexations which will enhance the exist- ing traffic circulation system or provide for circulation systems that do not exist at the present time. The subject property will provide additional right of way for Bridger Drive and the unnamed road to the north, see Term of Annexation 5 and 7. No addition internal street network is re- quired to serve the property. Goal 8: The City prefers annexation of parcels of land larger than five (5) acres in size, but will allow annexation of smaller parcels if factors such as topographic limita- tions, sanitary disposal needs, fire access, maintenance of public facilities, etc., justify a smaller annexation. The subject property is 0.74 acres. Goal 9: The City seeks to obtain water rights adequate for future development of the property with annexation. After annexation, the subject property will be bound to the provisions of 38.410.130 which require evaluation of water adequacy and provision of water if needed at time of development. The municipal code section requires water rights or an equivalent to be provided. Exact timing and amounts will be evaluated during development review. There are several methods to ad- dress the requirements of 38.410.130. The annexation agreement will provide notice of this requirement, see Term of Annexation 12. The landowner will consent to this requirement by signature on the annexation agreement. Goal 10: The City of Bozeman encourages annexations for City provision of clean treated water and sanitary sewer. The subject property is located within the City’s planned water and sewer service area. See Goal 4 above. The applicant proposes zoning for future development of homes. There is an existing home on the property which uses an onsite well and septic system. The annexation terms include requirements for future abandonment of the septic system and connection to the municipal sewer system. Any new construction must connect with initial construction to the municipal system. Terms of Annexation 9 - 11 address the termination of the existing on-site septic system. Exact timing will depend on the sequencing of future development. The City’s water and sewer sys- tems are adjacent to the property. Per Term of Annexation 9, the Annexation Agreement re- quired to finalize the requested annexation will require the applicant to design extensions of services to meet the City’s adopted infrastructure standards. These include provisions for min- imum water pressure and volumes, adequate sewer flows by volume, gravity flow of sewers, and other standards necessary to protect public health and safety and ensure functional utilities. 66 Staff Report for the 22247; 1603 Bridger Drive Zone Map Amendment Page 13 of 29 Resolution No. 5076 Policies Policy 1: Annexations must include dedication of all easements for rights-of-way for collector and arterial streets, adjacent local streets, public water, sanitary sewer, or storm or sewer mains, and Class I public trails not within the right of way for arterial or collector streets. Annexations must also include waivers of right to protest the crea- tion of special or improvement districts necessary to provide the essential services for future development of the City. The recommended Terms of Annexation include requirements for provision of right of way for Bridger Drive, an arterial street, and the unnamed street to the north. See Terms of Annex- ation 5 and 7. Dedicated Streets or public street and utility easements provide locations for municipal water and sewer mains. Waivers of right to protest special improvement districts are included in Term of Annexation 8 for streets affected by the future development of the prop- erty. Any additional easements and rights of way will be provided within the property with future development of the property as required by municipal standards. Exact locations will be deter- mined by further technical analysis and site design. Policy 2: Issues pertaining to master planning and zoning must be addressed prior to or in conjunction with the application for annexation. The subject property is planned for Urban Neighborhood. No change to the growth policy is required. The application includes a request for initial zoning of R-2. See the zone map amend- ment section of this report for analysis of the zone map amendment criteria. Policy 3: The application for annexation must be in conformance with the current Bozeman Growth Policy. If a Growth Policy Amendment is necessary to accommodate anticipated uses, the amendment process must be initiated by the property owner and completed prior to any action for approval of the application for annexation. The property is designated “Urban Neighborhood” on the future land use map. No growth policy amendment is required. See discussion under zone map amendment Criterion A. Policy 4: Initial zoning classification of the property to be annexed will be deter- mined by the City Commission, in compliance with the Bozeman Growth Policy and upon a recommendation of the City Zoning Commission, simultaneously with review of the annexation petition. The property proposed for annexation requests a zoning designation of R-2. See the zone map amendment section of this report for review of the zoning criteria. The Zoning Commission will hold a public hearing on January 23, 2023 and forward a recommendation to the City Commission. Note: The annexation and the placement of a zoning district designation on the property by the City does not guarantee available services or approval of a specific development. Section 67 Staff Report for the 22247; 1603 Bridger Drive Zone Map Amendment Page 14 of 29 38.300.020.C of the Unified Development Code states: “Placement of any given zoning district on an area depicted on the zoning map indicates a judgment on the part of the city that the range of uses allowed within that district are generally acceptable in that location. It is not a guarantee of approval for any given use prior to the completion of the appropriate review pro- cedure and compliance with all of the applicable requirements and development standards of this chapter and other applicable policies, laws and ordinances. It is also not a guarantee of immediate infrastructure availability or a commitment on the part of the city to bear the cost of extending services.” Policy 5: The applicant must indicate their preferred zoning classification as part of the annexation petition. The applicant has requested R-2, the Residential Moderate Density District. See Section 7 of this report for analysis of the requested zoning. Policy 6: Fees for annexation processing will be established by the City Commission. Applicant has paid required application fees. Policy 7: It is the policy of the City that annexations will not be approved where un- paved county roads will be the most commonly used route to gain access to the property unless the landowner proposes a method to provide for construction of the road to the City’s street standards. Yes. The property proposed for annexation is accessed from Bridger Drive to the south, a prin- cipal arterial, which is paved to the edge of the subject property. Policy 8: Prior to annexation of property, the City will require the property owner to acquire adequate and usable water rights, or an appropriate fee in lieu thereof, in ac- cordance with Section 38.410.130 of the municipal code, as amended. Yes. The property owner shall provide usable water rights, or cash in-lieu of water rights thereof, in an amount to be determined by the Director of Public Works, as outlined by Section 38.410.130 of the municipal code. The calculated amount will be determined by the Director of Public Works and based on the zoning designation approved by the City Commission. This will be addressed with the annexation agreement. Policy 9: Infrastructure and emergency services for an area proposed for annexation will be reviewed for the health, safety and welfare of the public and conformance with the City’s adopted facility plans. If the City determines adequate services cannot be provided to ensure public health, safety and welfare, the City may require the property owner to provide a written plan for accommodation of these services, or the City may reject the petition for annexation. Additionally, the parcel to be annexed may only be 68 Staff Report for the 22247; 1603 Bridger Drive Zone Map Amendment Page 15 of 29 provided sanitary sewer service via the applicable drainage basin defined in the City Wastewater Collection Facilities Plan. Yes. City infrastructure and emergency services are available to the subject property. An eight- inch water main is located in the alley north of the property – approximately 250 feet from the existing structure. An eight-inch sewer main is also located in the alley north of the property. The property is located adjacent to residential development that is currently served by Bo- zeman Fire. Recommended Term of Annexation #9 includes the provision that the applicant will be respon- sible for installing facilities required to provide full municipal services to the property in ac- cordance with city policy at the time of connection. Policy 10: The City may require annexation of any contiguous property for which city services are requested or for which city services are currently being provided. In addi- tion, any person, firm, or corporation receiving water or sewer service outside of the City limits is required as a condition of initiating or continuing such service, to consent to annexation of the property serviced by the City. The City Manager may enter into an agreement with a property owner for connection to the City’s sanitary sewer or water system in an emergency conditioned upon the submittal by the property owner of a pe- tition for annexation and filing of a notice of consent to annexation with the Gallatin County Clerk and Recorder’s Office. The contract for connection to city sewer and/or water must require the property owner to annex or consent to disconnection of the ser- vices. Connection for purposes of obtaining City sewer services in an emergency re- quires, when feasible as determined by the City, the connection to City water services. The property is not currently provided City services. No emergency connection is requested. City services will be required to be provided concurrent with future development. Terms of Annexation 9 - 12 address connection to services. Policy 11: The annexation application shall be accompanied by mapping to meet the requirements of the Director of Public Works. Where an area to be annexed can be en- tirely described by reference to a certificate of survey or subdivision plat on file with the Gallatin County Clerk and Recorder the mapping may be waived by the Director of Public Works. Criterion Met. Mapping to meet the requirements of the Director of Public Works must be provided with the Annexation Agreement. Mapping requirements are addressed in Recom- mended Term of Annexation 2. The map must include adjacent right of way. 69 Staff Report for the 22247; 1603 Bridger Drive Zone Map Amendment Page 16 of 29 Policy 12: The City will assess system development/ impact fees in accordance with Montana law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code. This annexation does not require immediate payment of fees. The annexation agreement will provide notice of obligations to pay impact fees at times as required in ordinance. See Term of Annexation #4. Policy 13: Public notice requirements: Notice for annexation of property must be coor- dinated with the required notice for the zone map amendment required with all annex- ation. The zone map amendment notice must contain the materials required by 38.220.410, BMC. Notices of the public hearing have been mailed, published in the Bozeman Daily Chronicle, and posted on the site as set forth under this policy. See Appendix A for more details. Policy 14: Annexation agreements must be executed and returned to the City within 60 days of distribution of the annexation agreement by the City, unless another time is spe- cifically identified by the City Commission. This policy will be implemented only if the Commission acts to grant preliminary approval. If the application is denied then no annexation agreement will be necessary. Policy 15: When possible, the use of Part 46 annexations is preferred. This annexation is being processed under Part 46 provisions. Policy 16: Where a road improvement district has been created, the annexation does not repeal the creation of the district. The City will not assume operations of the district until the entirety of the district has been annexed. Any funds held in trust for the dis- trict will be used to benefit the district after transfer to the City. Inclusion within a dis- trict does not lessen the obligation to participate in general city programs that address the same subject. No road improvement district is associated with this application. Policy 17: The City will notify the Gallatin County Planning Department and Fire Dis- trict providing service to the area of applications for annexation. The necessary agencies were notified and provided copies of the propose annexation. Policy 18: The City will require connection to and use of all City services upon develop- ment of annexed properties. The City may establish a fixed time frame for connection to municipal utilities. Upon development, unless otherwise approved by the City, septic systems must be properly abandoned and the development connected to the City sani- tary sewer system. Upon development, unless otherwise approved by the City, water wells on the subject property may be used for irrigation, but any potable uses must be supplied from the City water distribution system and any wells disconnected from 70 Staff Report for the 22247; 1603 Bridger Drive Zone Map Amendment Page 17 of 29 structures. The property owner must contact the City Water and Sewer Superintendent to verify disconnects of wells and septic systems. There is a residential structures on the property which has on-site well and septic system and will be required to severe thee use of the on-sight systems and connect to City water and sewer service. A term of annexation requires connection to municipal water and sewer implements this policy. In conjunction with future connection the septic system must be properly aban- doned and the well disconnected from the domestic supply. Terms of Annexation 8-10 address these issues. SECTION 7 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FIND- INGS In considering applications for approval under this title, the advisory boards and City Com- mission must consider the following criteria (letters A-K). As an amendment is a legislative action, the Commission has discretion to determine a policy direction. The burden of proof that the application should be approved lies with the Applicant. See the application materials for the Applicant’s response to the criteria A zone map amendment must be in accordance with the growth policy (criteria A) and be designed to secure safety from fire and other dangers (criteria B), promote public health, public safety, and general welfare (criteria C), and facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a zone map amendment the Commission must find Criteria A-D are met. In addition, the Commission must also consider criteria E-K, and may find the zone map amendment to be positive, neutral, or negative with regards to these criteria. To approve the zone map amendment, the Commission must find the positive outcomes of the amendment outweigh negative outcomes for criteria E-K. In determining whether the criteria are met, Staff considers the entire body of regulations for land development. Standards which prevent or mitigated negative impacts are incorporated throughout the entire municipal code but are prin- cipally in Chapter 38, Unified Development Code. Section 76-2-304, MCA (Zoning) Criteria A. Be in accordance with a growth policy. Criterion Met. The BCP 2020, Chapter 5, p. 73, in the section titled Review Criteria for Zoning Amendments and Their Application, discusses how the various criteria in 76-2-304 MCA are applied locally. Application of the criteria varies depending on whether an amendment is for the zoning map or for the text of Chapter 38, BMC. The first criterion for a zoning amendment is accordance with a growth policy. 71 Staff Report for the 22247; 1603 Bridger Drive Zone Map Amendment Page 18 of 29 Future Land Use Map The proposed amendment is a change to the zoning map. Therefore, it is necessary to analyze compliance with the future land use map. Chapter 3 of the BCP 2020 addresses the future land use map. The introduction to that chapter discusses the importance of the chapter. Following are some excerpts. “Future land use is the community’s fundamental building block. It is an illustration of the City’s desired outcome to accommodate the complex and diverse needs of its residents.” “The land use map sets generalized expectations for what goes where in the community. Each category has its own descriptions. Understanding the future land use map is not pos- sible without understanding the category descriptions.” The area of this application is wholly surrounded by urbanized area and is within the antici- pated growth area of the City. As shown on the maps in Section 1, on the excerpt of the current future land use map, the property is designated as Urban Neighborhood. The Urban Neighbor- hood designation description reads: “This category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single type of housing are discouraged. In limited in- stances, 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 com- merce provide activity centers for community gathering and services. The Urban Neigh- borhood designation indicates that development is expected to occur within municipal boundaries. This may require annexation prior to development. Applying a zoning district to specific parcels sets the required and allowed density. Higher density residential areas are encouraged to be, but are not required or restricted to, proxim- ity to commercial mixed use areas to facilitate the provision of services and employment opportunities without requiring the use of a car.” The correlation between the future land use map of the growth policy and the zoning districts is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the following Correlation with Zoning Table, the R-2 district is an implementing district of the Urban Neigh- borhood category. 72 Staff Report for the 22247; 1603 Bridger Drive Zone Map Amendment Page 19 of 29 Goals and Policies A zoning amendment is also evaluated against the goals and policies of the BCP 2020. Most of the goals and policies are not applicable to this application. Relevant goals and objectives have been identified by staff. Conflict with the text of the growth policy hasn’t been identified. The Short Term Action list on page 63 of the BCP 2020 describes 14 items to implement the growth policy. The first two relate to direct changes to the zoning map in support of listed goals and objectives. These include increasing the intensity of zoning districts in already de- veloped areas. Beginning on page 71 of the BCP 2020 in the section titled Zoning Amendment Review, the document discusses how the City implements zoning for new areas, amendments 73 Staff Report for the 22247; 1603 Bridger Drive Zone Map Amendment Page 20 of 29 to areas, and revisions to existing text. This section includes a discussion of when the City may initiate a zoning change to a more intensive district to increase development opportunities. This section demonstrates that the City, as a matter of policy, is supportive of more intensive zoning districts and development, even within already developed areas. It is inconsistent with this approach to zone at annexation for lower intensities than what infrastructure and planning doc- uments will support. This policy approach does not specify any individual district but does lean towards the more intensive portion of the zoning district spectrum. Goal DCD-1: Support urban development within the City. The proposed zoning is occurring in conjunction with an annexation. Any future develop- ment will be required to occur at urban densities and will be within the City. The property is surrounded by the existing City limits and with access to municipal services will have substan- tial potential to increase intensity of use of the property. If the City Commission declines the annexation then the requested R-2 zoning will not occur. DCD-1.11 Pursue annexations consistent with the future land use map and adopted facility plans for development at urban intensity. The proposed zoning is consistent with the future land use map and is within the current facilities plans. Although infrastructure is currently installed near the subject property, the property does not have access as it is not yet annexed. This zoning action is a step in correcting this deficiency. Goal RC-3: Collaborate with Gallatin County regarding annexation and development pat- terns adjacent to the City to provide certainty for landowners and taxpayers. RC-3.3 Prioritize annexations that enable the incremental expansion of the City and its utilities. The zone map amendment is proposed in association with an annexation. The area to be annexed, for all intent and purpose, wholly surrounded by the City one of a number of isolated inholding with the City service area and street network. The County Planning office was noti- fied of the proposed annexation and zoning change. No comments in opposition have been received. RC-3.4 Encourage annexation of land adjacent to the City prior to development and en- courage annexation of wholly surrounded areas. The property, for all intent and purpose, is wholly surrounded by the City. The property is seeking annexation and municipal zoning for the purpose of maintaining and possibly expand- ing the use and intensity of the site. The application is in accordance with the growth policy. 74 Staff Report for the 22247; 1603 Bridger Drive Zone Map Amendment Page 21 of 29 B. Secure safety from fire and other dangers. Criterion Met. The existing building is constructed of unknown quality, fire, and safety measures. Any renovations, expansions, or removal and replacement must meet the develop- ment standards of the City and, in some cases, might require retrofitting to ensure the building is safe for occupants and neighboring properties. The 2017 Fire and EMS Master Plan shows this property within the acceptable response reach of the Fire Department. Fire protection water supply will be provided by the City of Bozeman water system. The property is not within any delineated floodplain. Upon annexation the sub- ject property will be provided with City emergency services including police, fire and ambu- lance. The property is part of the Story Mill Fire District which does not have a fire district itself, but receives fire protection service from the City of Bozeman through a contract that has been in effect since 1979. The initial zoning of R-2 is not likely to adversely impact safety from fire and other dangers. The property will be required to conform to all City of Bozeman public safety, building and land use requirements. The City provides emergency services to adjacent properties and there will be no difficulty extending service to this parcel. C. Promote public health, public safety, and general welfare. Criterion Met. The proposed zoning designation will promote general welfare by implement- ing the future land use map in the Bozeman Community Plan. Public health and safety will be positively affected as the proposed annexation will allow the existing structure to connect to the City sewer system, thereby removing a septic system and lessening resulting groundwater discharge. As noted in criterion B, further development and redevelopment must be in accordance with modern building, access, stormwater, pedestrian circulation, ingress and egress to the site, and full connection to the greater transportation network for users ensuring the promotion of public health, safety and general welfare. D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. Criterion Met. The BCP 2020, page 74, says regarding evaluation of Criteria B-D for zoning amendments: “For a map amendment, all three of the above elements are addressed primarily by the City’s long range facility Plans, the City’s capital improvements program, and development standards adopted by the City. The standards set minimum sizing and flow requirements, require dedication of parks, provision of right of way for people and vehicles, keep development out of floodplains, and other items to address pub- lic safety, etc. It is often difficult to assess these issues in detail on a specific site. For example, at the time of annexation, the final intensity of development is un- known and it may be many years before development occurs and the impacts are 75 Staff Report for the 22247; 1603 Bridger Drive Zone Map Amendment Page 22 of 29 experienced. The availability of other planning and development review tools must be considered when deciding the degree of assurance needed to apply an initial zoning at annexation.” The City conducts extensive planning for municipal transportation, water, sewer, parks, and other facilities and services provided by the City. The adopted plans allow the City to consider existing conditions and identify enhancements needed to provide additional service needed by new development. The City implements these plans through its capital improvements program that identifies individual projects, project construction scheduling, and financing of construc- tion. Private development must demonstrate compliance with standards. The application site is located within the City’s land use, transportation, parks, and utility plan- ning areas and those plans show this property as developing within the City when further de- velopment is proposed. Adequacy of all these public requirements is evaluated during the sub- division and site development process. As stated in 38.300.020.C, the designation of a zoning district does not guarantee approval of new development until the City verifies the availability of needed infrastructure. All zoning districts in Bozeman enable a wide range of uses and in- tensities. At time of future subdivision or site plan review the need for individual services can be more precisely determined. No subdivision or site plan is approved without demonstration of adequate capacity. 38.300.020.C, “Placement of any given zoning district on an area depicted on the zoning map indicates a judgment on the part of the city that the range of uses allowed within that district are generally acceptable in that location. It is not a guarantee of approval for any given use prior to the completion of the appropriate review proce- dure and compliance with all of the applicable requirements and development stand- ards of this chapter and other applicable policies, laws and ordinances. It is also not a guarantee of immediate infrastructure availability or a commitment on the part of the city to bear the cost of extending services.” The development of public infrastructure improvements to serve the property will be required to conform to the City of Bozeman’s adopted standards which require properties to construct public infrastructure and/or pay impact fees, assessments, and taxes to support transportation, water, sewer, school, parks, and other public requirements. City water and sewer lines are located adjacent to the property to the north (approximately 250-feet from the existing struc- tures) and the terms of annexation require the applicant to connect to municipal services and install any facilities required to provide full municipal services to the property. The property is accessed from Bridger Drive (principal arterial) and the Bridger Creek trail is located across Bridger Drive. Park dedication is not required as there is an existing residence on the property. Any future development of the property will be evaluated for additional required improve- ments during the plan review process. 76 Staff Report for the 22247; 1603 Bridger Drive Zone Map Amendment Page 23 of 29 E. Reasonable provision of adequate light and air. Criterion Met. The R-2 zoning designation has requirements for setbacks, height, and lot cov- erage, which provide for the reasonable provision of adequate light and air. Any future devel- opment of the property will be required to conform to City standards for setbacks, height, lot coverage, and buffering. In addition to the zoning standards, adopted building codes contain more detailed requirements for air circulation, window placement, and building separation that further ensure the intent of this criterion is satisfied. F. The effect on motorized and non-motorized transportation systems. Neutral. The proposed R-2 zoning designation will have a neutral effect on the City’s motor- ized and non-motorized transportation systems as the property is occupied by an existing resi- dence. As a result, the impact to the motorized and non-motorized transportation systems is not anticipated to change. The terms of annexation require dedication of 30 feet of right-of- way along the rear (north) of the property to allow the future connection of a local street. In the event this local street is built, it would have a positive effect on the motorized and non- motorized transportation systems as it would increase street connectivity adjacent to the Leg- ends subdivision and result in the addition of a sidewalk. Further, the small size of the property and the lower-intensity zoning proposed will not create a measurable effect on transportation systems. The recommended terms of annexation and City’s development approval processes, for exam- ple, requirements for easements, the waiver of the right to protect special improvement districts related to transportation, and construction of future roads are expected to sufficiently address impacted transportation systems as a result of the map amendment. On page 74-75 of the BCP 2020 in the discussion of application of the zoning criteria it says: “Development creates or funds many of the City’s local streets, intersection upgrades, and trails. Therefore, although a text or map amendment may allow more intense de- velopment than before, compliance with the adopted Plans and standards will provide adequate capacity to offset that increase.” The zoning designation itself does not change traffic flow or transportation demand, and the compliance of future development with adopted standards will offset impacts from develop- ment. G. Promotion of compatible urban growth. Criterion Met. Individuals may have widely varying opinions about what constitutes compat- ibility. Compatible development and Compatible land use are defined in Article 38.7 BMC to establish a common reference for consideration of this criterion and application of develop- ment standards. They are defined as: 77 Staff Report for the 22247; 1603 Bridger Drive Zone Map Amendment Page 24 of 29 “Compatible development. The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and ob- jectives of the City's adopted growth policy. Elements of compatible development include, but are not limited to, variety of architectural design; rhythm of architectural elements; scale; intensity; materials; building siting; lot and building size; hours of operation; and integration with existing community systems including water and sewer services, natural elements in the area, motorized and non-motorized transportation, and open spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design, density or use. Compatible land use. A land use which may by virtue of the characteristics of its discerni- ble outward effects exist in harmony with an adjoining land use of differing character. Effects often measured to determine compatibility include, but are not limited to, noise, odor, light and the presence of physical hazards such as combustible or explosive materi- als.” As noted in the definition of Compatible development, there are many elements that contrib- uted to compatibility. The final sentence of the definition deserves emphasis “Compatible de- velopment does not require uniformity or monotony of architectural or site design, density or use.” Compatible development can be different than what is already in place. The City has adopted a variety of standards to implement compatibility. The proposed R-2 district is a predominantly residential district. The allowed uses for residen- tial districts are set in section 38.310.030. The proposed zoning is similar in intensity and character as neighboring properties. There are six zoning districts within a quarter mile radius of the site, including the R-2 district. The proposed amendment is associated with an annexa- tion creating continuity between the existing and surrounding uses. Staff concludes R-2 zone is compatible and is urban growth as called for in the growth policy. See also discussion for Criteria A & H. H. Character of the district. Criterion Met. The proposed R-2 zoning promotes the character of the district as the intent of the Residential Moderate Density district is to “… provide for one- and two-household resi- dential development at urban densities within the city in areas that present few or no devel- opment constraints.” Surrounding properties are low-density single-household residential. Adjacent properties in the City are zoned R-1 to the north and R-S (Residential Suburban) to the south. Adjacent properties in Gallatin County, to the east and west, are zoned Residential Suburban. The proposed R-2 zoning designation is consistent with the character of the neigh- borhood as well as existing development on the property. Staff concurs with the applicant’s statement that, “The character of the surrounding subdivision is distinct from that of the Mount Baldy subdivision; the Legends subdivision immediately to the north of the subject property, 78 Staff Report for the 22247; 1603 Bridger Drive Zone Map Amendment Page 25 of 29 which contains large, single-family homes on small lots. Given the lot space of the subject property, even with R-2 zoning, it is likely that there would be more open space on our lot or lots than that of many homes in the surrounding neighborhoods. R-2 zoning requires the same height and setback restrictions of R-1 zoning.” Section 76-2-302, MCA says “…legislative body may divide the municipality into districts of the number, shape, and area as are considered best suited to carry out the purposes [promoting health, safety, morals, or the general welfare of the community] of this part.” Emphasis added. This proposal amends the zoning map and not the text. Therefore, no element of this amend- ment modifies the standards of any zoning district. The character of the districts as created by those standards remains intact. As noted above, the City Commission has latitude in considering the geographical extents of a zoning district. It is not expected that zoning freeze the character of an area in perpetuity. Rather, it provides a structured method to consider changes to the character. The City has defined compatible development as: “The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and objectives of the City's adopted growth policy. Elements of compatible development include, but are not limited to, variety of architectural design; rhythm of architectural elements; scale; in- tensity; materials; building siting; lot and building size; hours of operation; and inte- gration with existing community systems including water and sewer services, natural elements in the area, motorized and non-motorized transportation, and open spaces and parks. Compatible development does not require uniformity or monotony of architec- tural or site design, density or use.” The City has adopted many standards to identify and avoid or mitigate demonstrable negative impacts of development. These will support the ability of future development in this new area of the R-2 district to be compatible with adjacent development and uphold the character of the area. Below is an excerpt from the Residential Density map supported by the City GIS Depart- ment. It shows adjacent properties, except for the Headlands subdivision, hosts more density than the subject property. 79 Staff Report for the 22247; 1603 Bridger Drive Zone Map Amendment Page 26 of 29 Living unit density map I. Peculiar suitability for particular uses. Criterion Met. The property is located in an area of primarily single-household residential de- velopment which is suitable for uses allowed in the R-2 zoning district. The proposed R-2 zoning designation is suitable for the current use of the property. The applicant adds, “Given the need for diverse housing options, the proposed R-2 zoning will maximize the specific characteristics of the subject property that make it suitable for additional future dwelling units.” J. Conserving the value of buildings. Criterion Met. There is an existing single-household residential structure with an attached gar- age and detached shed behind the home in an area of compatible residential land uses. The proposed R-2 zoning designation will allow for similar land use patterns and will thus conserve the value of buildings in the area. The applicant has not proposed future alterations or devel- opment on the property. Any future development on the property will be subject to standards in the R-2 zoning district which will ensure the conservation of adjacent building values in- cluding but not limited to standards set forth in the Unified Development Code for fire safety, setbacks, buffers and building heights, which will help alleviate any potential negative impacts to the values of adjacent buildings as a result of future development on the subject property. Therefore, this criterion is met. 80 Staff Report for the 22247; 1603 Bridger Drive Zone Map Amendment Page 27 of 29 K. Encourage the most appropriate use of land throughout the jurisdictional area. Criterion Met. As discussed in Criteria A above, this property has been planned for residen- tial uses for many years. The proposed R-2 zoning designation will encourage the most ap- propriate use of land as the property is surrounded by lower density residential development, which is consistent with the R-2 designation. The applicant argues, “The current Growth Policy categorizes the Mount Baldy Subdivision and surrounding areas as urban neighbor- hood. R-2 zoning will facilitate appropriate use of the land by encouraging a diversity of housing types, increase density, and support infill which are all priorities of the Growth Pol- icy. Furthermore, the proposed R-2 zoning designation is consistent with the Bozeman Com- munity Plan’s future land use map designation of “Urban Neighborhood.” PROTEST NOTICE FOR ZONING AMENDMENTS IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEM- BERS OF THE CITY COMMISSION. The City will accept written protests from property owners against the proposal de- scribed in this report until the close of the public hearing before the City Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real prop- erty within the area affected by the proposal or by owner(s) of real property that lie within 150 feet of an area affected by the proposal. The protest must be in writing and must be signed by all owners of the real property. In addition, a sufficient protest must: (i) contain a description of the action protested sufficient to identify the action against which the pro- test is lodged; and (ii) contain a statement of the protestor's qualifications (including listing all owners of the property and the physical address), to protest the action against which the protest is lodged, including ownership of property affected by the action. Signers are en- couraged to print their names after their signatures. A person may in writing withdraw a previously filed protest at any time prior to final action by the City Commission. Protests must be delivered to the Bozeman City Clerk, 121 North Rouse Avenue, PO Box 1230, Bozeman, MT 59771-1230. APPENDIX A - NOTICING AND PUBLIC COMMENT Notice was published in the Bozeman Daily Chronicle on January 8 and January 15, 2023. The site was posted on site and notices mailed by the applicant as required by 38.220 and the 81 Staff Report for the 22247; 1603 Bridger Drive Zone Map Amendment Page 28 of 29 required confirmation provided to the Planning Office. Notice was or will be provided at least 15 and not more than 45 days prior to any public hearing. As of the writing of this report on January 18, 2023, no written comments have been received on this application. APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING Adopted Growth Policy Designation: The property is designated as “Urban Neighborhood” in the Bozeman Community Plan 2020. 1. 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 annexa- tion prior to development. Applying a zoning district to specific parcels sets the required and allowed density. Higher density residential areas are encouraged to be, but are not required or restricted to, proximity to commercial mixed use areas to facilitate the provision of services and employment opportunities without requiring the use of a car. Proposed Zoning Designation and Land Uses: The applicant has requested zoning of R-2, “Residential Moderate Density” in association with the annexation of the property. According to Sec. 38.300.100(C) of the Unified Development Code, “The intent of the R-2 residential moderate density district is to provide for one- and two-household residential development at urban densities within the city in areas that present few or no development constraints.” APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF Owner: Per Hjalmarsson & Sue Hjalmarsson, 1603 Bridger Drive, Bozeman, MT 59715 Applicant: IMEG, 1091 Stoneridge Drive, Bozeman, MT 59718 Representative: Liam Durkin, 1091 Stoneridge Drive, Bozeman, MT 59718 Report By: Tom Rogers, Senior Planner, Community Development Department 82 Staff Report for the 22247; 1603 Bridger Drive Zone Map Amendment Page 29 of 29 FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Annexation or Zone Map Amendment. Future development will incur costs and generate re- view according to standard City practices. ATTACHMENTS The full application and file of record can be viewed at the Community Development Depart- ment at 20 E. Olive Street, Bozeman, MT 59715. https://weblink.bozeman.net/WebLink/Browse.aspx?startid=264155 83 Memorandum REPORT TO:Community Development Board FROM:Tom Rogers, Senior Planner Anna Bentley, Community Development Director SUBJECT:A Zone Text Amendment to modify the City’s development code to restrict Greek Letter Organizations to the R-5, R-O as principal uses, and conditionally in the R-3 zoning district. Application 22270. Text amendment will apply to all applicable zoning districts. MEETING DATE:January 23, 2023 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:Having reviewed and considered the staff report, draft ordinance, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 22270 and recommend denial of the Fraternity & Sorority Zone Text Amendment. 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 an application, submitted by “Concerned Neighbors,” to amend the City’s Unified Development Code (UDC) to create a separate use category for fraternities & sororities, removing this specific use from the “group living” land use category, as these types of residential uses are currently defined. Application materials can be viewed at the following link: https://weblink.bozeman.net/WebLink/Browse.aspx?startid=264161 In 2018 the City revised its development code to adapt to changing community needs, streamline review processes, create new zoning districts, implement the North 7th Corridor Plan, further implement the Growth Policy Plan, and generally simplify the code. The 2010 Bozeman Community Plan (previous plan) and Bozeman Community Plan, 2020 (current plan) encouraged vertical and horizontal mixed use development patterns. During the 2018 code update process, fraternities & sororities were collapsed into the more general Group Living use category in an effort to simplify the code. Under the current and previous code standards, fraternities and sororities are considered Group Living situations for the purpose of any supplemental standards that may apply, such as parking and open space requirements. 84 Parking and open space requirements are addressed under supplemental use criteria of the code. Parking requirements are found in Table 38.540.050-1, BMC. Open space area is listed in section 38.360.135, BMC. Before analyzing the application and staff’s recommendation, it is important to review some definitions. Pursuant to section 38.700.080, BMC Group living is defined as, “A building, portion of a building or a complex of buildings under unified control and management which contains facilities for living, sleeping, sanitation, eating and cooking for occupancy for residential uses; and which does not otherwise meet the definition of another residential use defined in this chapter. Eating and cooking areas may be shared in whole or part.” The terms “fraternity” and “sorority” are not uniquely defined by the City. However, pursuant to section 38.700.010, BMC: “Terms specifically defined in regulations issued by the department of justice and the department of transportation to implement the Americans with Disabilities Act or in referenced standards have those meanings. Otherwise, all words in this chapter must be first defined as provided in this division 38.700 and, if not defined herein, must be defined as in the latest edition of "The Illustrated Book of Development Definitions" by Harvey S. Moskowitz and Carl G. Lindbloom, and if not defined in "The Illustrated Book of Development Definitions," have their customary dictionary definitions as defined in collegiate dictionaries in the sense that the context implies.” In this case both Fraternity and Sorority are specifically defined in “The Complete Illustrated Book of Development Definitions, Fourth Edition.” Fraternity House - A building containing sleeping rooms, bath-rooms, common rooms, and a central kitchen and dining room maintained exclusively for fraternity members and their guests or visitors and affiliated with an institution of higher learning. Comment: A fraternity house is a distinct and separate use. It is not a dwelling unit or multifamily structure. The members do not constitute a family in the zoning sense since they do not function as a single household unit. See FAMILY. Note that “Family,” is defined as: “A group of individuals not necessarily related by blood, marriage, adoption, or guardianship living together in a dwelling unit as a single housekeeping unit; but not including any society, club, fraternity, sorority, association, lodge, federation, or like organization, or any group of individuals who are in a group living arrangement as a result of criminal offenses.” Sorority House – See Fraternity House. “The Complete Illustrated Book of Development Definitions” includes other useful references regarding the categorization of fraternities and sororities 85 as group living: Group Living Quarters – See Boardinghouse; Dormitory; Fraternity House. Group Residences – See Boarding Home for Sheltered Care; Boardinghouse; Dormitory; Fraternity House. The City defines Group Living in section 38.700.080.G, BMC. “Group living. A building, portion of a building or a complex of buildings under unified control and management which contains facilities for living, sleeping, sanitation, eating and cooking for occupancy for residential uses; and which does not otherwise meet the definition of another residential use defined in this chapter. Eating and cooking areas may be shared in whole or part.” The application states that its intent is to “return this Authorized Use to the way it was listed in the UDC prior to the change made without the neighbors’ knowledge on March 31, 2018.” Please note, however, the changes proposed do not return fraternities and sororities to their pre-2018 status. As shown above, before 2018, fraternities and sororities were a principal use in the R-4 and RO residential districts and could be allowed with a conditional use permit in the R-3 zone. The R-5 zoning district did not exist prior to the sweeping edits to the UDC in 2018. Here, the application advocates disallowing GLO’s in the R-4 district where these uses historically were allowed. Additionally, the application indicates that fraternities and sororities should be “allowed only in R5, RO and conditionally in R3…,” which ignores that fraternities and sororities were also allowed in the B-2, B-3, and REMU zoning districts prior to the 2018 changes to the UDC. This application proposes amending Table 38.310.030.A – Permitted general and group residential uses. If the Commission approves the creation of a separate use category of fraternities and sororities, as the applicant urges, this use would only be permitted in residential districts were it is explicitly listed. Because uses that are not listed in the table are not permitted, no alteration of the commercial, mixed-use, and industrial zones would be required because the “group living” category would still be listed, but fraternities and sororities would no longer be included in the definition of group living. In other words, the proposed amendment would prohibit fraternities and sororities in all commercial, mixed use, and industrial zones, despite the fact that fraternities and sororities were previously allowed in B-2, B-3, and REMU zoning districts. Also note that the text amendment application proposes to make fraternity and sorority houses a conditional use in the R-3 zoning district, but on October 18, 2022 the Commission repealed the Conditional Use process entirely from the code by adopting Ordinance 2124. 86 Based on the application narrative, the Concerned Neighbors assert that Group Living does not adequately consider or deal with disruptions and livability problems created by GLO’s such as parking, noise, large meetings (parking), events, and parties exacerbated by alcohol. Public comment has been received on this application. All comments can be reviewed at the following link. https://weblink.bozeman.net/WebLink/Browse.aspx? id=269857&dbid=0&repo=BOZEMAN See the attached staff report for analysis of applicable review criteria. UNRESOLVED ISSUES:If the Commission does not approve the application there are no known issues. If the Commission indicates its support of the application, staff has identified potential unresolved issues. The first issue is establishing a functional definition of fraternity and sorority term. Does the term as defined by Harvey S. Moskowitz and Carl G. Lindbloom, “The Complete Illustrated Book of Development Definitions, Fourth Edition” suit the City’s needs? If not, a suitable definition must be created and adopted with the text amendment. Secondly, the applicant proposes allowing fraternities and sororities conditionally in R-3 district. This means a Conditional Use Permit (CUP) is required prior to commencing operation. As noted later in this report the City has eliminated the CUP and replaced it with a Special Use Permit (SUP). If the Commission concurs with this direction the site plan review criteria under section 38.230.100, BMC and special use permit criteria under section 38.230.120, BMC would apply. Additional direction on what might be regulated and could be integrated as a performance stand in a SUP needs exploration. In addition, depending on direction given additional unanticipated issues may arise. ALTERNATIVES:1. Deny the request based on findings of non-compliance with the applicable criteria contained within the staff report; 2. Approve the request with revised findings and direct staff to draft an implementing Ordinance; 3. Approve an amended version of the request with revised findings and direct staff to draft an implementing Ordinance; or 4. Open and continue the public hearing on the application, with specific direction to staff to supply additional information or to address specific items. FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Amendment. Attachments: 22270 CDB SR Final Draft 1-17-23.pdf Sigma Chi Old Photo.jpg 87 Report compiled on: January 17, 2023 88 Page 1 of 26 22270, Staff Report for the Fraternity & Sorority Text Amendment, Application 22270 Public Hearing Date(s): Community Development Board acting in their capacity as the Zoning Commission will hold a public hearing on January 23, 2023 at 6:00 pm. City Commission public hearing will be held on February 7, 2023 at 6:00 pm. Project Description: A Zone Text Amendment to modify the City’s development code to restrict Greek Letter Organizations (GLOs) to the R-5, R-O zoning districts as principal uses, and conditionally in the R-3 zoning district. Project Location: Revision to the text is applicable City-wide. Recommendation: Does not meet standards for approval Recommended Community Development Board Motion: Having reviewed and considered the staff report, draft ordinance, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 22270 and recommend denial of the Fraternity & Sorority Zone Text Amendment. Recommended Commission Motion: Having reviewed and considered the staff report, Zoning Commission recommendation, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 22270, and move to deny the Fraternity & Sorority Zone Text Amendment. Report Date: January 18, 2023 Staff Contact: Tom Rogers, Senior Planner Agenda Item Type: Action – Legislative EXECUTIVE SUMMARY This report is based on the proposed ordinance text, advisory board recommendations, and public comment received to date. Unresolved Issues If the Commission does not approve the application there are no known issues. If the Commission indicates its support of the application, staff has identified potential unresolved issues. The first issue is establishing a functional definition of fraternity and sorority term. Does the term as defined by Harvey S. Moskowitz and Carl G. Lindbloom, “The Complete Illustrated Book of Development Definitions, Fourth Edition” suit the City’s needs? If not, a suitable definition must be created and adopted with the text amendment. 89 Staff Report for the Fraternity & Sorority Text Amendment 22270 Page 2 of 26 Secondly, the applicant proposes allowing fraternities and sororities conditionally in R-3 district. The application suggests a Conditional Use Permit (CUP) is required prior to commencing operation. As noted later in this report the City has eliminated the CUP and replaced it with a Special Use Permit (SUP). If the Commission concurs with this direction the site plan review criteria under section 38.230.100, BMC and special use permit criteria under section 38.230.120, BMC would apply. Additional direction on what might be regulated and could be integrated as a performance stand in a SUP needs exploration. In addition, depending on direction given additional unanticipated issues may arise. Project Summary This is an application, submitted by “Concerned Neighbors,” to amend the City’s Unified Development Code (UDC) to create a separate use category for fraternities & sororities, removing this specific use from the “group living” land use category, as these types of residential uses are currently defined. Application materials can be viewed at the following link: https://weblink.bozeman.net/WebLink/Browse.aspx?startid=264161 In 2018, the City revised its development code to adapt to changing community needs, streamline review processes, create new zoning districts, implement the North 7th Corridor Plan, further implement the Growth Policy Plan, and generally simplify the code. The 2010 Bozeman Community Plan (previous plan) and Bozeman Community Plan, 2020 (current plan) encouraged vertical and horizontal mixed use development patterns. During the 2018 code update process, fraternities & sororities were collapsed into the more general Group Living use category in an effort to simplify the code. Fraternity & Sorority were permitted in the following residential districts pre-2018 development code: RS R-1 R-2 R-3 R-4 RO RMH Fraternity & Sorority ---- ---- ---- C P P ---- Fraternity & Sorority were permitted in the following mixed-use and commercial districts pre- 2018 development code: B-1 B-2 B-3 UMU REMU NEHMU BP M-1 M-2 PLI F&S ---- P P ---- P ---- ---- ---- ---- ---- 90 Staff Report for the Fraternity & Sorority Text Amendment 22270 Page 3 of 26 Today, fraternities and sororities, categorized as a Group Living land use, are permitted in all residential zoning districts subject to all applicable standards, including 38.360.135. Current regulation in Residential Zones: RS R-1 R-2 R-3 R-4 R-5 RO RMH Group Living P P P P P P P P Current Regulation in Mixed Use & Commercial Zones: B-1 B-2 B-2M B-3 UMU REMU NEHMU BP M-1 M-2 PLI Group Living P P P P ---- P P P ---- ---- ---- With regard to locating a fraternity or sorority in mixed use and commercial zones, note that most residential uses in commercial and mixed-use zones may not be located on the ground floor and are subject to other restrictions. Under the current and previous code standards, fraternities and sororities are considered Group Living situations for the purpose of any supplemental standards that may apply, such as parking and open space requirements. Parking and open space requirements are addressed under supplemental use criteria of the code. Parking requirements are found in Table 38.540.050-1, BMC. Open space area is listed in section 38.360.135, BMC. Before analyzing the application and staff’s recommendation, it is important to review some definitions. Pursuant to section 38.700.080, BMC Group living is defined as, “A building, portion of a building or a complex of buildings under unified control and management which contains facilities for living, sleeping, sanitation, eating and cooking for occupancy for residential uses; and which does not otherwise meet the definition of another residential use defined in this chapter. Eating and cooking areas may be shared in whole or part.” The terms “fraternity” and “sorority” are not uniquely defined by the City. However, pursuant to section 38.700.010, BMC: “Terms specifically defined in regulations issued by the department of justice and the department of transportation to implement the Americans with Disabilities Act or in referenced standards have those meanings. Otherwise, all words in this chapter must be first defined as provided in this division 38.700 and, if not defined herein, must be defined as in the latest edition of "The Illustrated Book of Development Definitions" by Harvey S. Moskowitz and Carl G. Lindbloom, and if not defined in "The Illustrated Book of Development Definitions," have their customary dictionary definitions as defined in collegiate dictionaries in the sense that the context implies.” 91 Staff Report for the Fraternity & Sorority Text Amendment 22270 Page 4 of 26 In this case both Fraternity and Sorority are specifically defined in “The Complete Illustrated Book of Development Definitions, Fourth Edition.” Fraternity House - A building containing sleeping rooms, bath-rooms, common rooms, and a central kitchen and dining room maintained exclusively for fraternity members and their guests or visitors and affiliated with an institution of higher learning. Comment: A fraternity house is a distinct and separate use. It is not a dwelling unit or multifamily structure. The members do not constitute a family in the zoning sense since they do not function as a single household unit. See FAMILY. Note that “Family,” is not used in Bozeman’s zoning regulations but is defined “The Complete Illustrated Book of Development Definitions, Fourth Edition” as: “A group of individuals not necessarily related by blood, marriage, adoption, or guardianship living together in a dwelling unit as a single housekeeping unit; but not including any society, club, fraternity, sorority, association, lodge, federation, or like organization, or any group of individuals who are in a group living arrangement as a result of criminal offenses.” Sorority House – See Fraternity House. “The Complete Illustrated Book of Development Definitions” includes other useful references regarding the categorization of fraternities and sororities as group living: Group Living Quarters – See Boardinghouse; Dormitory; Fraternity House. Group Residences – See Boarding Home for Sheltered Care; Boardinghouse; Dormitory; Fraternity House. The City defines Group Living in section 38.700.080.G, BMC. “Group living. A building, portion of a building or a complex of buildings under unified control and management which contains facilities for living, sleeping, sanitation, eating and cooking for occupancy for residential uses; and which does not otherwise meet the definition of another residential use defined in this chapter. Eating and cooking areas may be shared in whole or part.” The application states that its intent is to “return this Authorized Use to the way it was listed in the UDC prior to the change made without the neighbors’ knowledge on March 31, 2018.” Please note, however, the changes proposed do not return fraternities and sororities to their pre-2018 status. As shown above, before 2018, fraternities and sororities were a principal use in the R-4 and RO residential districts and could be allowed with a conditional use permit in the R-3 zone. The R-5 zoning district did not exist prior to the edits to the UDC in 2018. Here, the application advocates disallowing GLO’s in the R-4 district where these uses historically were allowed. Additionally, the application indicates that fraternities and sororities should be “allowed only in R5, RO and conditionally in R3…,” which ignores that fraternities and 92 Staff Report for the Fraternity & Sorority Text Amendment 22270 Page 5 of 26 sororities were also allowed in the B-2, B-3, and REMU zoning districts prior to the 2018 changes to the UDC. This application proposes amending Table 38.310.030.A – Permitted general and group residential uses to the following: Table 38.310.030.A – Permitted general & group residential uses in residential zoning districts (only group living uses listed) Uses Zoning Districts R-S R-1 R-2 R-3 R-4 R-5 R-O1 RMH Group residential Community residential facilities* with eight or fewer residents P P P P P P P P Community residential facilities* serving nine or more residents — — — S P P P — Cooperative household* S S S P P P P S Family day care home* P P P P P P P P Fraternity / Sorority* — — — C — P P — Group day care home* P P P P P P P P Group living (38.360.135)* P P P P P P P P Lodging houses* — — — S P P P — Transitional and emergency housing (38.360.140)* and related services S S S S S S S S If the Commission approves the creation of a separate use category of fraternities and sororities, as the applicant urges, this use would only be permitted in residential districts were it is explicitly listed. Because uses that are not listed in the table are not permitted, no alteration of the commercial, mixed-use, and industrial zones would be required because the “group living” category would still be listed, but fraternities and sororities would no longer be included in the definition of group living. In other words, the proposed amendment would prohibit fraternities and sororities in all commercial, mixed use, and industrial zones, despite the fact 93 Staff Report for the Fraternity & Sorority Text Amendment 22270 Page 6 of 26 that fraternities and sororities were previously allowed in B-2, B-3, and REMU zoning districts. Also note that the text amendment application proposes to make fraternity and sorority houses a conditional use in the R-3 zoning district, but on October 18, 2022 the Commission repealed the Conditional Use process entirely from the code by adopting Ordinance 2124. Based on the application narrative, the Concerned Neighbors assert that Group Living does not adequately consider or deal with disruptions and livability problems created by GLO’s such as parking, noise, large meetings (parking), events, and parties exacerbated by alcohol. Public comment has been received on this application. All comments can be reviewed at the following link. https://weblink.bozeman.net/WebLink/Browse.aspx?id=269857&dbid=0&repo=BOZEMAN Community Development Board Summary On January 23, 2023 the Bozeman Community Development Board acting in their capacity as the Zoning Commission will consider the application and forward a recommendation to the City Commission. Alternatives 1. Deny the request based on findings of non-compliance with the applicable criteria contained within the staff report; 2. Approve the request with revised findings and direct staff to draft an implementing Ordinance; 3. Approve an amended version of the request with revised findings and direct staff to draft an implementing Ordinance; or 4. Open and continue the public hearing on the application, with specific direction to staff to supply additional information or to address specific items. 94 Staff Report for the Fraternity & Sorority Text Amendment 22270 Page 7 of 26 TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 1 Unresolved Issues ............................................................................................................... 1 Project Summary ................................................................................................................. 2 Community Development Board Summary........................................................................ 6 Alternatives ......................................................................................................................... 6 SECTION 1 - MAPS ................................................................................................................ 8 SECTION 2 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 11 SECTION 3 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS ..................... 11 PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 20 APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 21 APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 25 APPENDIX C - APPLICANT INFORMATION AND REVIEWING STAFF .................... 26 FISCAL EFFECTS ................................................................................................................. 26 ATTACHMENTS ................................................................................................................... 26 95 Staff Report for the Fraternity & Sorority Text Amendment 22270 Page 8 of 26 SECTION 1 - MAPS Map 1: City of Bozeman – proposed amendment would apply to all zoning districts approved. 96 Page 9 of 26 Map 2: ¼, ½, and 1 mile radius from Montana Hall on the Montana State University Campus 97 Staff Report for the Fraternity & Sorority Text Amendment 22270 Page 10 of 26 Map 3: Current Streamline Bus Service Map 98 Page 11 of 26 SECTION 2 - RECOMMENDATION AND FUTURE ACTIONS Having considered the criteria established for a zone map amendment, the Staff does not find the criteria for approval to be met and therefore, recommends denial of the application as submitted. The Development Review Committee (DRC) considered the amendment. The DRC did not identify infrastructure deficiencies. The Community Development Board, acting in their capacity as the Zoning Commission, will hold a public hearing on this zone map amendment on January 23, 2023 and will forward its recommendation to the City Commission on the zone text amendment. The meeting will begin at 6 p.m. in the Commission Room at City Hall, 121 N. Rouse Ave, Bozeman, Montana. Members of the public will also be able to participate remotely via WebEx. Instructions for joining the WebEx meeting will be included on the meeting agenda which is published on the City’s website at least 48 hours prior to the meeting. The City Commission will hold a public meeting on the zone map amendment on February 7, 2023. The meeting will begin at 6 p.m. in the Commission Room at City Hall, 121 N. Rouse Ave, Bozeman, Montana, the City Commission will conduct a public hearing on the proposed Zone Text Amendment application. Members of the public will also be able to participate remotely via WebEx. Instructions for joining the WebEx meeting will be included on the meeting agenda which is published on the City’s website at least 48 hours prior to the meeting. SECTION 3 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications for approval under this title, the advisory boards and City Commission must consider the following criteria (letters A-K). As an amendment is a legislative action, the Commission has broad latitude to determine a policy direction. The burden of proof that the application should be approved lies with the applicant. A zone text amendment must be in accordance with the growth policy (criteria A) and be designed to secure safety from fire and other dangers (criteria B), promote public health, public safety, and general welfare (criteria C), and facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a text amendment the Commission must find Criteria A-D are met. In addition, the Commission must also consider criteria E-K, and may find the text amendment to be positive, neutral, or negative with regards to these criteria. To approve the zone text amendment, the Commission must find the positive outcomes of the amendment outweigh negative outcomes for criteria E-K. In determining whether the criteria are met, Staff considers the entire body of regulations for land development. Standards which prevent or mitigate negative impacts are incorporated throughout the entire municipal code but are principally in Chapter 38, Unified Development Code. 99 Staff Report for the Fraternity & Sorority Text Amendment 22270 Page 12 of 26 Where a finding of Neutral is presented it represents that the criteria is either not applicable to the proposed amendments or that the change does not materially advance or detract from compliance. Therefore, a finding of Neutral is not an indication of a deficiency in the proposed amendments or the existing standards. Section 76-2-304, MCA (Zoning) Criteria A. Be in accordance with a growth policy. Criterion not met. The proposed amendments do not substantially further the Bozeman Community Plan, 2020 (BCP). Applicant contends that some goals or objectives of the BCP are furthered by the proposed amendment, as listed in the application. Assessing the entire BCP, staff concludes the majority of the goals and objectives and general theme of the BCP are not met or furthered by the application and therefore, the application is not in accordance with the growth policy. The primary issue raised in support of the application focuses on disturbances caused primarily by fraternities, such as noise, insufficient parking, and alcohol use, resulting in GLO’s being “unique” and not suited for low-density residential districts and contrary to the character and livability of the existing neighborhood. Staff responds that zoning is adept at creating environments for people and neighborhoods to thrive, but is not necessarily the best tool to handle disturbances. The City, as well as Montana State University, have numerous tools to deal with disturbance issues, for instance: Bozeman Municipal Code Chapter 4 regulates alcoholic beverages; Chapter 16 regulates nuisances and noise complaints; Chapter 36 and portions of Chapter 38 contain provisions regarding parking; and Fraternity and Sorority Function Guidelines, among other policies and guidelines, are administered by Montana State University (MSU). Additionally, to argue that GLO’s are contrary to the character and livability of the neighborhood fails to acknowledge that GLO’s have existed in the lower density zoned areas near MSU for a very long time and have helped shape and contribute to the character of those neighborhoods. The uniqueness and character of the neighborhoods near the university is and has always been defined, in part, by its proximity to MSU and housing the students and professionals who work on campus. Many of the overall tenets of the BCP promote integration of various compatible land uses, intensification, and increased density. According to Theme 2: A City of Unique Neighborhoods in the BCP 2020, “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.” Although the application cites this theme as supportive of its position, staff believe that to foster diverse and inclusive neighborhoods, Bozeman’s zoning code should seek to be more inclusive of various compatible land uses, not less. This tenet of the growth policy seems to reject the notion of homogenous neighborhoods of only a few types of housing stock and largely populated by the people of the same socio-economic status. Objective N-1.3 Revise the zoning map to lessen areas exclusively zoned for single-type housing. 100 Staff Report for the Fraternity & Sorority Text Amendment 22270 Page 13 of 26 Staff Response – Although the City’s development code is generally permissive in housing types, the majority of the zoning that hosts Greek-letter organizations (GLO’s) are considered the City’s least dense and most restrictive in permitted housing types, see R-1 and R-2. Further restricting how these residential structures can be utilized seems to be contrary to this objective. Objective N-1.2 Increase required minimum densities in residential districts. Staff Response – In general the City desires to increase residential density throughout the City in emerging and existing neighborhoods. Allowing all types of residential use ensures housing stock is utilized to meet this objective. This objective applies to all zoning districts, not just the R- 5 and R-O zones. Diversity of housing and densities has long been a priority of the City and has been implemented by its permissive zoning standards that allow a variety of housing types and densities throughout the jurisdictional area. Restricting GLO’s to only a few districts seems contrary to this objective. Objective N-1.12 Enable a gradual and predictable increase in density in developed areas over time. Staff Response – Allowing all type of group living arrangements in residential zones is one mechanism to achieve this objective. The increased density from additional GLO’s is predictable since GLO’s have occupied the neighborhoods near the campus since MSU’s beginning and they are subject to the requirements applicable to Group Living which includes specific limits on density of residents. Over the past 15-20 years, the City has revised its zoning regulations to enable smaller lot sizes, more diverse uses, and more flexible development patterns in all of its residential districts in support of community priorities identified through the growth policy process. GLOs are one use among many which may use this additional flexibility. Objective N-2.2 Revise the zoning map to support higher intensity residential districts near schools, services, and transportation. Staff Response – The majority of property available for housing adjacent to the University and proximate to one of the main Streamline Bus service transfer hubs, on the south side of the MSU Sub, is either R-1 or R-2 zoning. The University is both the largest school in the State and the largest employer in the City. R-1 and R-2 are the City’s lowest density zoning districts currently available. Restricting students from areas near employment, school, services, and transportation seems counter to this objective. Goal N-3 Promote a diverse supply of quality housing units and Objective N-3.3 Encourage distribution of affordable housing units throughout the City with priority given to locations near commercial, recreational, and transit assets. Staff Response – According to a public comment submitted by the House Association Board of Directors of Alpha Gamma Delta, “chapter houses for sororities and fraternities have always offered an affordable and guaranteed housing option for hundreds of college students annually.” Contrary to this goal and objective, excluding GLO’s from several residential zoning 101 Staff Report for the Fraternity & Sorority Text Amendment 22270 Page 14 of 26 districts would remove one affordable housing option that is currently available throughout the City and situated near the commercial area around MSU and a public transit hub. Objective DCD-1 Remove regulatory barriers to infill. Staff Response – There are two issues raised in this objective. First, in some cases group living may house fewer people than a family, though in general, more individuals will be accommodated. As noted in other analysis, the City encourages a gradual increase in density to meet the critical need of housing for all people in the City. Secondly, the proposal seeks to restrict GLO’s to certain zoning districts and require an approved CUP/SUP prior to commencing operation which is an increase of process (barrier) from today’s regulation. The CUP/SUP requires public notice, a complete application, and fee. Group living can be permitted through the sketch plan process if all standards are shown to be met. The sketch plan does not require a public notice. Objective DCD-2.3 revise and update minimum development intensity requirements in residential and non-residential zoning districts. Staff Response - Similar to Objective N-1.2 increase required minimum densities in residential districts and objective N-1.2 increase required minimum densities in residential districts above, the City desires to increase residential density throughout the City in emerging and existing neighborhoods. Restricting GLO’s to a few zoning districts and adding an additional process is counter to these objectives. Objective M-1.1 prioritizes mixed-use in close proximity to one another. Staff Response – The City allows and encourages vertical and horizontal mixed-use. In fact, the City has amended the UDC to allow limited manufacturing in most zones as a result of improved life safety, building standards, and emerging and changing manufacturing processes. In addition, the City created a new category of “Apartment Building, Limited” to encourage appropriate and gradual increase in density. To this end, mixing different types of residential use in residential zones is an extension of this goal. Objective DCD-3.5 encourages increased development intensity in commercial areas and near major employers. Staff Response – As noted in the response to objective N-2.2 Revise the zoning map to support higher intensity residential districts near schools, services, and transportation, MSU is the largest employer in the County. Ensuring GLO’s operate near the university advances the ability of residents to access work at the University or any of the ecosystem of businesses that support the University and cater to its students and employees. Further, creating an environment where these individuals can walk, ride, and have access to the bus service is desirable. Objective DCD-2.7 encourages higher density housing and public transit in proximity to one another. Staff Response – Streamline Bus Service transfer hub is located in the south side of the MSU Sub building. The existing Streamline service lines are located to the east and north of the 102 Staff Report for the Fraternity & Sorority Text Amendment 22270 Page 15 of 26 University. These locations are also where the R-1 and R-2 zones are generally located creating a conflict between this objective and the proposed text amendment. Objective DCD-2.8 Revise the zoning ordinance, reducing the number of zoning districts to be more consistent with the designated land use classifications, to simplify the development process, and support affordability objectives of the plan. Staff Response - One of many objectives with the 2018 code update was to clarify, simplify, and improve the City’s development code. This desired outcome is reiterated in the BCP. As with most goals and objectives, for some, there may be negative aspects of the larger effort. The 2018 UDC edits collapsed the number of separate uses to more consistently group land uses, and adopted a hybrid form-based code to fulfill many objectives, while mitigating negative externalities such as over crowing, parking, open space, building bulk and mass. One of the most important issues facing the community is housing. Therefore, creating a special use category and limiting that use to a few zoning districts reverses the efficiencies adopted in the 2018 code update and appears to be contrary to this objective. The BCP incorporates numerous other City plans. Germane to this application are Actions 4.J.2 and 4.J.6 of the Bozeman Climate Action Plan, which focus on promoting multimodal transportation to achieve community goals. Allowing group living in close proximity to employment centers, higher education, transportation systems, restaurants, and other neighborhoods furthers a variety of goals and objectives of the City. For example, the Bozeman Climate Action Plan includes a focus to reduce the community carbon footprint through transportation. Improving the feasibility of alternative modes of transportation, primarily walking, biking, and transit is critical to achieving this goal. Restricting this type of group living creates a disincentive to reducing transportation impacts. Further, the BCP 2020 discusses growth and in particular, if we grow, how? The Plan states that. “…growth within the physical boundaries of Bozeman results in better outcomes than not. Therefore, the BCP approaches growth as something that overall is positive but recognizes that it does not come without drawbacks and that the community will change over time. The City has adopted land development regulations and policies to reasonably mitigate negative impacts. For all they can accomplish, there are some things they cannot do. They cannot make there be fewer people on a favorite walking trail, make certain you see people you know as you walk down the street, or control things that happen outside of the City limits. They don’t set school service boundaries; or change the floodplain or water quality or wetland standards established by federal and state agencies. They can’t assure that buying a house will work out well for you. They can’t change the fight path of aircraft headed to the Bozeman Yellowstone International Airport. They cannot assure you of a neighbor you want to have. They don’t change any state or federal policy. 103 Staff Report for the Fraternity & Sorority Text Amendment 22270 Page 16 of 26 They do not prevent change or guarantee that change will happen in the way any particular person prefers.” Basic principles applied in the plan provide essential framework the City uses to prepare the policies, goals, and objectives, lands use designations, and future land use map in the Plan. One notable principal is the City intends to create a healthy, safe, resilient, and sustainable community by incorporating a holistic approach to the design, construction, and operation of buildings, neighborhoods, and the City as a whole. Developments should contribute to these goals and be integrated into their neighborhood and the larger community. To achieve this outcome the City incorporates standard open space, parking, and building metrics to mitigate impacts. Also, the needs of new and existing development coexist and they should remain in balance; neither should overwhelm the other. Another principal is infill development and redevelopment should be prioritized, but incremental compact outward growth is a necessary part of the City’s growth. Although these are selected principals, nowhere does the City encourage administrative barriers to establish residential use, rather, it encourages integration. Group Living is a residential use. The City cannot reasonably differentiate an owner occupied house or a rental house from a residential fraternal organization for all intents and purpose. The City has adopted enforceable standards to mitigate possible negative impacts from different groups. For example, the current code assigns parking requirements for a residential structure housing a household, as defined by the City, based on the number of bedrooms in the dwelling unit because there is an assumption some of the household members may not have access to a vehicle. On the other hand, current code prescribes group living parking requirements based on the number of people permitted to live in a structure because it is assumed each individual will likely have a vehicle. The use of the structure as a residence is the same but unique attributes on the residents require a different approach to meeting community needs. Bozeman supports neighborhoods though a variety of tools, efforts, and standards. These include basic infrastructure that allows greater density for human interaction, commerce, tax base to support parks and open space, and provides police and fire protection to name a few. The City supports policies that maintain and build neighborhoods designed to provide equitable access to amenities and opportunities for all. Housing type diversity within neighborhoods helps ensure community benefits are available to households of different size, income, and age. Mixed neighborhoods can help provide the density of people needed to support nearby commercial activities. Multiple pieces make up the whole including services, social networks, homes, school, sense of identity, and geography. The concern expressed in the application, a very real concern, stems from human behavior, not zoning. City standards ensure adequate open space, parking, safe structures through building codes, and adequate light and air from setbacks. The proposed amendment restricts fraternities and sororities to a narrow set of zoning districts including R5, RO, and conditionally in R3 seems to be incongruent with BCP. For example, the majority of zoning around the university is BP, R-1, R-2, R-4, R-O, B-1, and small sliver of REMU. One mile radius (see Map 2 above) from Montana Hall extends to the Galligator Trail to 104 Staff Report for the Fraternity & Sorority Text Amendment 22270 Page 17 of 26 the east, north to Beal Street, west to the center of the MSU Innovation Campus, and south to the Stadium View Apartment (zoned REMU). Also, the primary use in the R-O district is dependent on the underlying future land use designation. Preliminary analysis indicates all areas zoned R-O within one mile of Montana Hall have a commercial underlying future land use designation and restricts R-O properties to office related uses. The amendment therefore is not consistent with the uses in the geographical area around MSU where GLOs have been present for a long time. Unruly people and events have impacts on adjacent and nearby property owners. The proposed text amendment requests that social organizations associated with the University be regulated through a conditional use permit, or special use permit in current code. This “permit” may have performance conditions attached that in the event of a violation the City could revoke the permit and force the group to cease and desist. It would be difficult to craft a set of standards to evaluate what performance measures the City could use to objectively evaluate activities that are impacting adjacent property owners. The obvious metrics might be noise, public intoxication, illegal parking, and number of attendees. All these are already addressed by other sections of the BMC and are regulated by the police, code enforcement officials, or MSU. B. Secure safety from fire and other dangers. Criterion met. Regardless of the number of residential uses in the City’s code all applicable building standards, setbacks, open space, and parking requirements apply. Fire and police response would not change with the proposed text amendment. No change to existing dimensional standard are proposed with this text amendment. C. Promote public health, public safety, and general welfare. Neutral. Similar to criterion B above, the proposed text amendment will not substantially affect public health and safety. The amendment is argued to promote general welfare for some at the expense of others. Prohibiting this type of use from the neighborhoods adjacent to the University may not address the primary concern of excessive exuberance caused by a group of students. As noted in the example above, a group of persons, not affiliated with a GLO, who are more interested in socialization than academic rigor could establish a residence in a house in any nearby neighborhood and invite the same cadre of hooligans to their abode and create the same fracas as the fraternity/sorority did the prior to their expulsion from the area. The limited geographical area this use is being proposed seems to undermine their ability to access the University without the use of an automobile. D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. Criterion met. The City conducts extensive planning for municipal transportation, water, sewer, parks, and other facilities and services provided by the City. The adopted plans allow the City to consider existing conditions and identify enhancements needed to provide additional service needed by new development or use of a property. The proposed text amendment does not alter any 105 Staff Report for the Fraternity & Sorority Text Amendment 22270 Page 18 of 26 requirements or standards associated with the provision of transportation, water, sewerage, schools, parks, and other pubic requirements. E. Reasonable provision of adequate light and air. Criterion met. The proposed amendments do not alter existing standards for setbacks, open space, park dedication, or other related issues. The standards previously adopted to address this criterion remain in place. F. The effect on motorized and non-motorized transportation systems. Neutral. The City conducts extensive planning for municipal transportation, trails, and parks related to this criterion and services provided by the City. The adopted plans allow the City to consider existing conditions and identify enhancements needed to provide additional service needed by new development. The proposed amendments do not alter these plans or associated standards. As noted in criterion C, locating fraternities and sororities further from the University by strictly limiting where they can be located and adding additional administrative process to their establishment will increase the likely number of trips to and from the site requiring a vehicle. The BCP, Bozeman Transportation Plan, and Climate Action Plan all encourage decreasing dependency on vehicular travel to meet individual transportation needs. G. Promotion of compatible urban growth. Criterion not met. Development standards and zoning districts ensure the City grows in a compatible manner. The City has defined compatible development as: “The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and objectives of the City's adopted growth policy. Elements of compatible development include, but are not limited to, variety of architectural design; rhythm of architectural elements; scale; intensity; materials; building siting; lot and building size; hours of operation; and integration with existing community systems including water and sewer services, natural elements in the area, motorized and non-motorized transportation, and open spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design, density or use.” The City has adopted many standards to avoid and mitigate demonstrable negative impacts of development. Other standards addressing compatibility, such as setbacks, building mass, and zone edge transitions, are not being modified through these amendments. Compliance with City standards is generally considered adequate to avoid negative impacts of development and ensure compatible development. The City’s definition of compatible urban growth does not include impacts from loud parties created by groups of people. Those concerns are addressed through other standards and responses, some of which are addressed through means outside of City regulations such as revocation of the 106 Staff Report for the Fraternity & Sorority Text Amendment 22270 Page 19 of 26 fraternity/sorority charter or student reprimand by the University. Rather, the City defines compatible development through placing like or compatible uses in proximity, such as residential uses near residential uses, and mitigates negative impacts through building and associated development standards. GLOs have a long association with the area in proximity to MSU. The buildings they occupy are subject to the same physical dimensions and design standards as other residential development in the same area. The buildings therefore are compatible with surrounding urban development. Distinguishing one residential use from another solely on their affiliation with a particular organization does not improve compatibility for urban growth. H. Character of the district. Criterion not met. The applicant, Concerned Neighbors, focuses on neighborhood character and limitations of the Group Living use category with respect to controlling behavior associated with some fraternities and sororities. Disruptive neighbors can be detrimental to adjacent property enjoyment of their property. While this issue is acknowledged and appreciated, the fact remains GLO’s have historically been a part of the surrounding neighborhoods to the University for over 100 years. There are currently eight fraternities and five sororities registered with Montana State University. According to the public comment letter dated January 8, 2023 from the Housing Association Board of Alpha Gamma Delta, there are total of 18 fraternities and 11 sororities active on campus. The residential nature of GLO houses and their access to the University are important components of the fabric of the neighborhoods adjacent to the school. Amending the development code to prohibit fraternities and sororities from neighborhoods where they have been long established may not be the appropriate response to disorderly conduct for such an important component of the neighborhoods character near MSU. In fact, under the applicant’s proposal, fraternities and sororities located on Greek Way would require a CUP/SUP to establish this use because Greek Way is zoned R-3. Amendments to zoning districts affect all areas of the community with the same zoning designation. Zoning districts occur at two levels. First, as the combination of uses, dimensional standards, and other elements contained within the code. Second, as the geographical area(s) marked on the zoning map. The application argues for amendment to address both aspects. As noted in sections above, the amendment only includes amendments to the list of allowed uses and increased regulatory process in the R-3 zone, but it provides no suggested standards to address the actual concerns identified by the applicants. Merely moving the use to another location does not address issues of compatibility. Also as noted in sections above and below in this section, the amendment does not reflect the long-standing presence of GLOs in the proximity of MSU. 107 Staff Report for the Fraternity & Sorority Text Amendment 22270 Page 20 of 26 I. Peculiar suitability for particular uses. Neutral. The amendment proposed to create a special use category for GLO’s and limit their location to R-5, RO, and conditionally in R-3. Residential uses are a presumed use in all residential zoning districts. Limiting their access to a small subset of the districts is generally contrary to this assumption because all residential districts are suitable for residential uses. Separating GLO’s from group living would not alter the existing standards for any group living use category. There is no specific nature or attribute of land itself, e.g. slope, soil type, or depth to ground water, which makes it peculiarly suitable for a GLO versus other forms of housing. The primary uses of a GLO is residential; sleeping, dining, studying, and other customary activities. Although ancillary activities are associated with GLO’s, such as meetings, social events, and community engagements, they are intended to support the overall objective of the association, see Fraternity and Sorority Life, and further many of the BCP goals and policies identified in Criterion A. J. Conserving the value of buildings. Criterion met. The use is consistent with existing uses in affected district. The mass and scale standards are consistent with existing standards. Therefore, there should be no negative impacts on adjacent buildings. The applicants assert that prohibiting fraternities and sororities near single family homes will increase their value, however, they offer no data or evidence to support the claim. K. Encourage the most appropriate use of land throughout the jurisdictional area. Neutral. The zoning map and future land use map of the growth policy identify areas where specific uses are generally appropriate. The proposed amendment modifies areas zoned for residential use; some residential districts are restricted and others are allowed to host GLO’s. It is noted that although the applicants propose allowing GLOs in R3 and R5 they omit the R4 district. Group living is configured to the same maximum density of residents as would be accomplished with other forms of housing such as single detached homes or apartments in each zoning district; see 38.360.135. There are no lesser standards for setbacks, building heights, or other development standards for group living than exist for other residential uses. See also the discussion under Criterion A regarding community priorities such as housing near services and education. Locating student focused housing in proximity to the University is generally desirable. Therefore, instituting zoning that in effect prohibits GLO near the University likely does not encourage the most appropriate use of land in this area. PROTEST NOTICE FOR ZONING AMENDMENTS IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A 108 Staff Report for the Fraternity & Sorority Text Amendment 22270 Page 21 of 26 PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION. The City will accept written protests from property owners against the proposal described in this report until the close of the public hearing before the City Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property within the area affected by the proposal or by owner(s) of real property that lie within 150 feet of an area affected by the proposal. The protest must be in writing and must be signed by all owners of the real property. In addition, a sufficient protest must: (i) contain a description of the action protested sufficient to identify the action against which the protest is lodged; and (ii) contain a statement of the protestor's qualifications (including listing all owners of the property and the physical address), to protest the action against which the protest is lodged, including ownership of property affected by the action. Signers are encouraged to print their names after their signatures. A person may in writing withdraw a previously filed protest at any time prior to final action by the City Commission. Protests must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230. APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND This is an application, submitted by “Concerned Neighbors,” to amend the City’s Unified Development Code (UDC) to create a separate use category for fraternities & sororities, removing this specific use from the “group living” land use category, as these types of residential uses are currently defined. Application materials can be viewed at the following link: https://weblink.bozeman.net/WebLink/Browse.aspx?startid=264161 In 2018 the City revised its development code to adapt to changing community needs, streamline review processes, create new zoning districts, implement the North 7th Corridor Plan, further implement the Growth Policy Plan, and generally simplify the code. The 2010 Bozeman Community Plan (previous plan) and Bozeman Community Plan, 2020 (current plan) encouraged vertical and horizontal mixed use development patterns. During the 2018 code update process, fraternities & sororities were collapsed into the more general Group Living use category in an effort to simplify the code. Fraternity & Sorority were permitted in the following residential districts pre-2018 development code: RS R-1 R-2 R-3 R-4 RO RMH 109 Staff Report for the Fraternity & Sorority Text Amendment 22270 Page 22 of 26 Fraternity & Sorority ---- ---- ---- C P P ---- Fraternity & Sorority were permitted in the following mixed-use and commercial districts pre- 2018 development code: B-1 B-2 B-3 UMU REMU NEHMU BP M-1 M-2 PLI F&S ---- P P ---- P ---- ---- ---- ---- ---- Today, fraternities and sororities, categorized as a Group Living land use, are permitted in all residential zoning districts subject to all applicable standards. Current regulation in Residential Zones: RS R-1 R-2 R-3 R-4 R-5 RO RMH Group Living P P P P P P P P Current Regulation in Mixed Use & Commercial Zones: B-1 B-2 B-2M B-3 UMU REMU NEHMU BP M-1 M-2 PLI Group Living P P P P ---- P P P ---- ---- ---- With regard to locating a fraternity or sorority in mixed use and commercial zones, note that residential uses in commercial and mixed-use zones may not be located on the ground floor and are subject to other restrictions. Under the current and previous code standards, fraternities and sororities are considered Group Living situations for the purpose of any supplemental standards that may apply, such as parking and open space requirements. Parking and open space requirements are addressed under supplemental use criteria of the code. Parking requirements are found in Table 38.540.050-1, BMC. Open space area is listed in section 38.360.135, BMC. Before analyzing the application and staff’s recommendation, it is important to review some definitions. Pursuant to section 38.700.080, BMC Group living is defined as, “A building, portion of a building or a complex of buildings under unified control and management which contains facilities for living, sleeping, sanitation, eating and cooking for occupancy for residential uses; and which does not otherwise meet the definition of another residential use defined in this chapter. Eating and cooking areas may be shared in whole or part.” The terms “fraternity” and “sorority” are not uniquely defined by the City. However, pursuant to section 38.700.010, BMC: 110 Staff Report for the Fraternity & Sorority Text Amendment 22270 Page 23 of 26 “Terms specifically defined in regulations issued by the department of justice and the department of transportation to implement the Americans with Disabilities Act or in referenced standards have those meanings. Otherwise, all words in this chapter must be first defined as provided in this division 38.700 and, if not defined herein, must be defined as in the latest edition of "The Illustrated Book of Development Definitions" by Harvey S. Moskowitz and Carl G. Lindbloom, and if not defined in "The Illustrated Book of Development Definitions," have their customary dictionary definitions as defined in collegiate dictionaries in the sense that the context implies.” In this case both Fraternity and Sorority are specifically defined in “The Complete Illustrated Book of Development Definitions, Fourth Edition.” Fraternity House - A building containing sleeping rooms, bath-rooms, common rooms, and a central kitchen and dining room maintained exclusively for fraternity members and their guests or visitors and affiliated with an institution of higher learning. Comment: A fraternity house is a distinct and separate use. It is not a dwelling unit or multifamily structure. The members do not constitute a family in the zoning sense since they do not function as a single household unit. See FAMILY. Note that “Family,” is defined as: “A group of individuals not necessarily related by blood, marriage, adoption, or guardianship living together in a dwelling unit as a single housekeeping unit; but not including any society, club, fraternity, sorority, association, lodge, federation, or like organization, or any group of individuals who are in a group living arrangement as a result of criminal offenses.” Sorority House – See Fraternity House. “The Complete Illustrated Book of Development Definitions” includes other useful references regarding the categorization of fraternities and sororities as group living: Group Living Quarters – See Boardinghouse; Dormitory; Fraternity House. Group Residences – See Boarding Home for Sheltered Care; Boardinghouse; Dormitory; Fraternity House. The City defines Group Living in section 38.700.080.G, BMC. “Group living. A building, portion of a building or a complex of buildings under unified control and management which contains facilities for living, sleeping, sanitation, eating and cooking for occupancy for residential uses; and which does not otherwise meet the definition of another residential use defined in this chapter. Eating and cooking areas may be shared in whole or part.” The application states that its intent is to “return this Authorized Use to the way it was listed in the UDC prior to the change made without the neighbors’ knowledge on March 31, 2018.” Please note, however, the changes proposed do not return fraternities and sororities to their pre-2018 status. As shown above, before 2018, fraternities and sororities were a principal use 111 Staff Report for the Fraternity & Sorority Text Amendment 22270 Page 24 of 26 in the R-4 and RO residential districts and could be allowed with a conditional use permit in the R-3 zone. The R-5 zoning district did not exist prior to the sweeping edits to the UDC in 2018. Here, the application advocates disallowing GLO’s in the R-4 district where these uses historically were allowed. Additionally, the application indicates that fraternities and sororities should be “allowed only in R5, RO and conditionally in R3…,” which ignores that fraternities and sororities were also allowed in the B-2, B-3, and REMU zoning districts prior to the 2018 changes to the UDC. This application proposes amending Table 38.310.030.A – Permitted general and group residential uses to the following: Table 38.310.030.A – Permitted general & group residential uses in residential zoning districts (only group living uses listed) Uses Zoning Districts R-S R-1 R-2 R-3 R-4 R-5 R-O1 RMH Group residential Community residential facilities* with eight or fewer residents P P P P P P P P Community residential facilities* serving nine or more residents — — — S P P P — Cooperative household* S S S P P P P S Family day care home* P P P P P P P P Fraternity / Sorority* — — — C — P P — Group day care home* P P P P P P P P Group living (38.360.135)* P P P P P P P P Lodging houses* — — — S P P P — Transitional and emergency housing (38.360.140)* and related services S S S S S S S S If the Commission approves the creation of a separate use category of fraternities and sororities, as the applicant urges, this use would only be permitted in residential districts were it is explicitly listed. Because uses that are not listed in the table are not permitted, no alteration of the commercial, mixed-use, and industrial zones would be required because the “group 112 Staff Report for the Fraternity & Sorority Text Amendment 22270 Page 25 of 26 living” category would still be listed, but fraternities and sororities would no longer be included in the definition of group living. In other words, the proposed amendment would prohibit fraternities and sororities in all commercial, mixed use, and industrial zones, despite the fact that fraternities and sororities were previously allowed in B-2, B-3, and REMU zoning districts. Also note that the text amendment application proposes to make fraternity and sorority houses a conditional use in the R-3 zoning district, but on October 18, 2022 the Commission repealed the Conditional Use process entirely from the code by adopting Ordinance 2124. Based on the application narrative, the Concerned Neighbors assert that Group Living does not adequately consider or deal with disruptions and livability problems created by GLO’s such as parking, noise, large meetings (parking), events, and parties exacerbated by alcohol. A related issue is if a specific use category is created then that use will only be permitted in zoning districts where it is listed. In this case, the proposed text amendment only places fraternities and sororities in residential zoning districts. Currently, group living and other forms of group residences are permitted use in some of the City’s commercial and mixed- use zoning districts as well. Staff would support allowing GLO’s in commercial and mixed- use districts. Therefore, the text amendment will have to include any additional zoning districts the Commission where this use should be allowed. See table 38.310.040C, BMC. APPENDIX B - NOTICING AND PUBLIC COMMENT Notice for text amendments must meet the standards of Bozeman Municipal Code 38.420.080 and 38.550.070. Notice was published in the Bozeman Daily Chronicle as required and contained all required elements. Notice was provided at least 15 days before the Zoning Commission public hearing, and not more than 45 days prior to the City Commission public hearing. Notice was published in the Bozeman Daily Chronicle on 01/08/2023 and 01/15/2023. The City exceeded the required notice provision. Hearing dates are on the first page of this report. Public hearings were held by the Community Development Board acting in their capacity as the Zoning Commission as noted above. Public comment has been received on this application. All comments can be reviewed at the following link. https://weblink.bozeman.net/WebLink/Browse.aspx?id=269857&dbid=0&repo=BOZEMAN 113 Staff Report for the Fraternity & Sorority Text Amendment 22270 Page 26 of 26 APPENDIX C - APPLICANT INFORMATION AND REVIEWING STAFF Applicant: Concerned Neighbors of Bozeman, 1215 South 3rd Avenue, Bozeman MT 59771 Representative: Concerned Neighbors of Bozeman, 1215 South 3rd Avenue, Bozeman MT 59771 Report By: Tom Rogers, Senior Planner FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Amendment. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. https://weblink.bozeman.net/WebLink/Browse.aspx?startid=264161 114 115 Memorandum REPORT TO:Community Development Board FROM:Chris Saunders, Community Development Manager Anna Bentley, Community Development Director SUBJECT:The MSU Innovation Campus Growth Policy Amendment to Amend the Bozeman Community Plan 2020 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:January 23, 2023 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:Community Development Board Recommended Motion: Having reviewed and considered the application materials, public comment, and all information presented, I hereby move to adopt the findings presented in the staff report and recommend approval to the City Commission of the growth policy amendment application 22282 with contingencies. 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 application is to amend the future land use map of the Bozeman Community Plan 2020 in support of the owner's intended development of the property. Application materials are available through the City's website. The City Commission passed a Resolution of Intent to consider this amendment on October 18, 2022 as agenda item G.10. The applicant has requested continuation of this public hearing to February 28, 2023. UNRESOLVED ISSUES:None. ALTERNATIVES:As identified by the City Commission. FISCAL EFFECTS:None Attachments: 22282 Innovation Campus GPA CDB SR.pdf Report compiled on: January 18, 2023 116 Page 1 of 15 22282, Staff Report for the Innovation Campus Growth Policy Amendment (GPA) Public Hearing Dates: Community Development Board December 5, 2022; continued to January 23, 2023. City Commission December 20, 2022; continued to February 28, 2023. Project Description: A growth policy amendment to revise the future land use map from Public Institutions to Regional Commercial and Services on approximately 42 acres. Project Location: The property is located between W. College Street and W. Garfield Street in approximately the 2500 block of W. College Street; and more particularly described as Minor Subdivision 195B, Lot C-1A, Section 14, Township 2 South and Range 5 East, City of Bozeman, Gallatin County, MT. Recommendation: Meets standards for approval with contingencies Community Development Board Recommended Motion: Having reviewed and considered the application materials, public comment, and all information presented, I hereby move to adopt the findings presented in the staff report and recommend approval to the City Commission of the growth policy amendment application 22282 with contingencies. City Commission Recommended Motion: Having reviewed and considered the application materials, public comment, Planning Board recommendation, and all the information presented, I hereby move to adopt the findings presented in the staff report and to approve the growth policy amendment with contingencies. Report: January 17, 2023 Staff Contact: Chris Saunders, Community Development Manager Agenda Item Type: Action – Legislative EXECUTIVE SUMMARY Unresolved Issues No unresolved issues have been identified at this time. 117 Page 2 of 15 22282, Staff Report for the Innovation Campus Growth Policy Amendment (GPA) Project Summary The City prepares the growth policy based on best available information at the time. As new information becomes available it is appropriate to consider possible amendments. The Innovation Campus has been in development under the auspices of the MSU Foundation and was therefore originally classified as Public Institution on the future land use map. Development oversight and ownership of the Innovation Campus has now transferred to a private entity and the scope of the intended development has shifted. A master site plan for the area has been reviewed and approved. The owners believe that a change in future land use designation; and a possible zoning change, may be beneficial and enable development more consistent with the goals of the growth policy and their goals. An application for an amendment to the future land use map of the Bozeman Community Plan 2020 has been submitted by the landowner. Discussion and criteria for deciding on this growth policy application are limited to those in this report. Other elements of the future development will be addressed separately in the future. Application materials are available through the City’s website. No public comment has been received as of the writing of this report. Community Development Board Summary The Community Development Board in their capacity as the Planning Board continued the public hearing on December 5, 2022 to January 23, 2023. No discussion or comment occurred on December 5th. Upon completion of the public hearing a link to the hearing and summary of decision will be added to the staff report. Alternatives 1. Approve the application with the recommended contingencies; 2. Approve the application with modifications to the recommended contingencies; 3. Deny the application based on findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. 118 Page 3 of 15 22282, Staff Report for the Innovation Campus Growth Policy Amendment (GPA) TABLE OF CONTENTS EXECUTIVE SUMMARY ........................................................................................................... 1 Unresolved Issues ............................................................................................................. 1 Project Summary ............................................................................................................... 2 Community Development Board Summary .................................................................... 2 Alternatives ........................................................................................................................ 2 SECTION 1 - MAP SERIES........................................................................................................ 4 SECTION 2 - CONTINGENCIES OF APPROVAL ...................................................................... 5 SECTION 3 - RECOMMENDATIONS AND FUTURE ACTIONS ............................................... 5 SECTION 4 - STAFF ANALYSIS AND FINDINGS .................................................................... 6 APPENDIX A - PROJECT SITE ZONING AND GROWTH POLICY ......................................... 12 APPENDIX B - NOTICING AND PUBLIC COMMENT ............................................................ 15 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF .................................... 15 119 Page 4 of 15 22282, Staff Report for the Innovation Campus Growth Policy Amendment (GPA) SECTION 1 - MAP SERIES Map 1: Location Map Map 2: View of existing area Future Land Use Map designations, Bozeman Community Plan 2020 Subject Property 120 Page 5 of 15 22282, Staff Report for the Innovation Campus Growth Policy Amendment (GPA) Map 3 - Application Exhibit SECTION 2 - CONTINGENCIES OF APPROVAL The applicant has provided the required information for the requested amendment to be adopted. Therefore, there are no contingencies. The Resolution has been prepared and the City Commission will act on the Resolution at their public hearing. SECTION 3 - RECOMMENDATIONS AND FUTURE ACTIONS Having considered the criteria established for a growth policy map amendment, the Staff recommends approval with contingencies for the application as submitted. The Development Review Committee (DRC) considered the amendment on September 14, 2022 and finds no limitations on approval. The Community Development Board in their capacity as the Planning Board will hold a public hearing on January 23, 2023, to make a recommendation to the City Commission for the 121 Page 6 of 15 22282, Staff Report for the Innovation Campus Growth Policy Amendment (GPA) growth policy map amendment. After consideration of all materials and matters they recommended approval or disapproval of the amendment. The hearing begins at 6:00 p.m. Meetings will be held in the location and manner identified on the meeting agenda. The City Commission will hold a public hearing on the growth policy map amendment on February 28, 2023. The hearing begins at 6:00 p.m. Meetings will be held in the location and manner identified on the meeting agenda. SECTION 4 - 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. In considering applications for approval under this title, the advisory boards and City Commission must consider the following criteria. As an amendment is a legislative action, the Commission has broad latitude to determine a policy direction. The burden of proof that the application should be approved lies with the applicant. See the application materials for the applicant’s response to criteria and arguments in favor of approval. To reach a favorable decision on the proposed application the City Commission must find that the application meets all of criteria 1-4 of Chapter 5| Plan Amendments, Review Triggers Amendments, and Amendment Criteria, page 67, Bozeman Community Plan 2020. In making these findings, they may identify that there are some negative elements within the specific criteria with the final balance being a positive outcome for approval. When an amendment to either the text of the Plan or the future land use map is requested it must be reviewed against the following criteria: 1. The proposed amendment must cure a deficiency in the growth policy or improve the growth policy to better respond to the needs of the general community; 2. The proposed amendment does not create inconsistencies within the growth policy, either between the goals and the maps or between different goals and objectives; 3. The proposed amendment must be consistent with the overall intent of the growth policy; and 4. The proposed amendment may must not adversely affect the community as a whole or any significant portion thereof by: a. Significantly altering land use patterns and principles in a manner contrary to those established by this Plan, b. Requiring unmitigated improvements to streets, water, sewer, or other public facilities or services, thereby impacting development of other lands, 122 Page 7 of 15 22282, Staff Report for the Innovation Campus Growth Policy Amendment (GPA) c. Adversely impacting existing uses because of inadequately mitigated impacts on facilities or services, or d. Negatively affecting the health and safety of the residents. 1. The proposed amendment must cure a deficiency in the growth policy or improve the growth policy to better respond to the needs of the general community; Criterion met. This criterion contains two alternate parts. A favorable finding for either part supports a positive finding. Staff first reviewed the proposal for its ability to cure a deficiency. The property was annexed to the city sometime between 1963 and 1969. According to the Bozeman Community Plan 2020 (adopted in 2020) the property is designated as Public Institutions. The property has been affiliated with MSU for many years. During the public review and adoption process for the Bozeman Community Plan 2020 no indication of this designation being incorrect was brought the City’s attention and the existing future land use designation was carried forward and adopted with the new plan. As noted below, the Public Institutions designation is for publicly owned property. It has since become known that MSU no longer owns the property and it is held by a non-public owner and has been for some time. Therefore, staff concludes there is a deficiency of a designation of property as a public institution which is not actually public property. In terms of whether the current proposal better responds to the needs of the general community and/or improves the growth policy, one primary question arises: Would the new designation and associated land uses better respond to the needs of the general community and/or improve the growth policy? The applicant states the proposed modification to the FLUM responds to community needs by altering the designation to from Public Institutions to Regional Commercial and Services. The only zoning designation used to implement the Public Institutions FLUM designation is the Public Lands and Institutions (PLI) district. The descriptions of the existing and requested future land use map designations follow. 9. PUBLIC INSTITUTIONS. The land in this classification is owned by a public entity. A variety of activities are undertaken in this land use classification. Schools are a dominant use including 123 Page 8 of 15 22282, Staff Report for the Innovation Campus Growth Policy Amendment (GPA) Montana State University. Other typical uses are libraries, fire stations, and publicly operated utilities. A significant portion of Bozeman’s employment occurs within this category. 5. REGIONAL COMMERCIAL AND SERVICES. Regionally significant developments in this land use category may be developed with physically large and economically prominent facilities requiring substantial infrastructure and location near significant transportation facilities. Due to the scale of these developments, location, and transition between lower density uses is important. Residential space should be located above the first floor to maintain land availability for necessary services. Development within this category needs well-integrated utilities, transportation, and open space networks that encourage pedestrian activity and provide ready-access within and adjacent to development. Large community scale areas in this land use category are generally 75 acres or larger and are activity centers for several surrounding square miles. These are intended to service the overall community as well as adjacent neighborhoods and are typically distributed by a one-to two-mile separation. Chapter 1 | Basics, Basic Planning Precepts discusses the principals the City used to prepare the policies, goals, objectives, land use designations, and future land use map in this Plan. See page 20. The majority of these precepts relate to this and all map amendments. Four of them stand out in relation to this application. These are overarching above any one or several specific goals or actions. • Variety in housing and employment opportunities are essential. • Land use designations must respond to a broad range of factors, including infrastructure, natural, and economic constraints, other community priorities, and expectations of all affected parties concerning private development. • Infill development and redevelopment should be prioritized, but incremental compact outward growth is a necessary part of the City’s growth. • The City intends to create a healthy, safe, resilient, and sustainable community by incorporating a holistic approach to the design, construction, and operation of buildings, neighborhoods, and the City as a whole. Developments should contribute to these goals and be integrated into their neighborhood and the larger community. The intended use of the Innovation Campus is technology transfer from MSU to commercial development and other supportive commercial research. The intended uses better fit the description of the Regional Commercial and Services than the Public Institutions designation. The property is currently zoned as Business Park which is not an implementing zoning for the Public Institutions designation. The proposed FLUM 124 Page 9 of 15 22282, Staff Report for the Innovation Campus Growth Policy Amendment (GPA) change furthers a variety of Community Plan goals and objectives when analyzed through the lens of responding to the needs of the general community. 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. Rationale: The Bozeman Community Plan 2020 is primarily focused on land uses. The City adopts a variety of other plans pursuing other subjects, such as economic development, in greater detail than is appropriate in the growth policy. See page 19 of the BCP2020 for a listing of other plans and their connection to the growth policy. A new Economic Development Strategy was adopted on January 10, 2023 by the City Commission.. The proposed amendment is expected to be supportive to development of the Innovation Campus located at the project site. The Innovation Campus is a lead or partner on implementation actions. This aligns with Goal 2 – Support a Diverse Economy, Objective Focus on traded sector industries that are emerging and can increase exports. Theme 1 of the growth policy reads: “Our City desires to be forward thinking, collaborative, and deliberate in planning and execution of plans and policies to enable our community to successfully ride the waves of change.” The ability to adapt to changing circumstances is enhanced by a robust and diverse economy. Both the Bozeman Community Plan 2020 and the upcoming Economic Vitality Strategy address resilience in goals and implementation steps. BCP 2020 Goal R-1: Continue to strengthen and develop resilience as a community. EVS GOAL 3: BUILD A MORE RESILIENT REGION The MSU Innovation Campus is a lead or partner party on implementation steps for economic vitality. The MSU-IC has requested the growth policy amendment as they believe the scope of allowed uses and intent for the Regional Commercial and Services is more descriptive and supportive of the direction the MSU IC is taking. See the different land use descriptions above. Chapter 3 | Future Land Use described the intent and the implementing zoning districts each land use designation. There is only one implementing district for the Public Institutions future land use designation which is PLI. The PLI district uses are focused on 125 Page 10 of 15 22282, Staff Report for the Innovation Campus Growth Policy Amendment (GPA) public ownership and operations. The MSU-IC is transitioning to a more private market development configuration. The proposed amendment advances goals and objectives of the Bozeman Community Plan including, but not limited to, those cited above. See also the application materials for identification of goals and objectives and response to this criterion. 2. The proposed amendment does not create inconsistencies within the growth policy, either between the goals and the maps or between different goals and objectives. Criterion met. Staff reviewed the growth policy goals and objective and future land use map. The proposed amendment does not create any identified inconsistencies within the growth policy goals or between goals and maps. See discussion for Criterion 1. Further, the property is no longer owned by a public entity and therefore, the description of Public Institution is no longer a good fit. All future development must demonstrate compliance with all regulatory standards addressing transportation, parks, building design, and all other standards. The standards have been crafted and adopted to implement the goals and objectives of the growth policy. Therefore, compliance with the standards will ensure this criterion is met. Properties to the west and east are designated as commercial areas. The largest adjacent area to the west is designated as Regional Commercial and Services. The purpose of the Innovation Campus as updated is a larger scale with greater emphasis on regional and national companies as well as smaller start-up firms. Employment and services provided are expected to occur at a regional or larger scale. Staff did not identify conflicts between map elements or goals and objectives from the proposed amendment. 3. The proposed amendment must be consistent with the overall intent of the growth policy. The overall intent of the growth policy is to proactively and creatively address issues of development and change while protecting public health, safety and welfare (page 20). If approved, the proposed amendment to the future land use map will allow the site to be considered for future applications that, if approved, would allow development or further development of the site. 126 Page 11 of 15 22282, Staff Report for the Innovation Campus Growth Policy Amendment (GPA) The growth policy discusses the primary issue of “Does the City Have to Grow” and the subsequent equation, if so how, see pages 12 – 15 Bozeman Community Plan 2020. This discussion illustrates, in part, why this application is consistent with the overall intent of the plan. Specific goals and objectives found in Chapter 2 further this statement. The City supports development within its boundaries where municipal services can be effectively and efficiently provided. The property has been annexed for several decades. The BCP2020 in several themes encourages infill and densification of area already served with utilities. Utilities and transportation are available and being extended into the site. The change will facilitate placement of substantial employment near a variety of services and housing opportunities and adjacent to existing arterial and collector streets with accompanying shared use paths and bicycle lanes. This will facilitate the use of non-motorized transportation as encouraged under Theme 6. 4. The proposed amendment will not adversely affect the community as a whole or significant portion thereof by: a) Significantly altering land use patterns and principles in a manner contrary to those established by this Plan, Criterion Met. The proposed map amendment does not significantly alter land use patterns from those established by the plan. The existing land use designation is Public Lands and the proposed land use designation is Regional Commercial and Services. Both are primarily non-residential areas and allow for intensive development. The property immediately to the west is already designated as Regional Commercial and Services. The property immediately to the east is Community Commercial and Services. To the north across College Street is a mix of homes and businesses. To the south is MSU property zoned as PLI and used for agricultural research. The basic pattern of services and homes will remain unchanged with this amendment. Although there is a change in designation, Staff finds the change will not significantly alter the land use pattern contrary to the Bozeman Community Plan. As discussed in Criterion 1, the amendment advances goals and principles of the growth policy and therefore is not contrary to the growth policy. b) Requiring unmitigated improvements to streets, water, sewer, or other public facilities or services, thereby impacting development of other lands, 127 Page 12 of 15 22282, Staff Report for the Innovation Campus Growth Policy Amendment (GPA) No negative impacts to other lands or the community are anticipated as a result of the proposed growth policy amendment. The site is located within the service boundary for municipal infrastructure and all city services are constructed and directly adjacent to the subject property. The property has an approved Master Site Plan which lays out the essential transportation, water, sewer, and communication utilities within the site. The change in future land use designation does not alter the essential layout of services. The property is adjacent to arterial and collector streets. No unusual impacts on infrastructure are expected. c) Adversely impact existing uses because of inadequately mitigated impacts on facilities and services, No adverse impacts have been identified at this time. Additional review will occur during site development and mitigation of any potentially adverse impacts will be addressed at that time, as required by municipal code. As noted above, there is an approved Master Site Plan in place which analyzed facility and service demand for proposed development. This approach enables mitigation to be proportionate to the proposed development as required by law. d) Negatively affecting the health and safety of the residents. There are no existing residents within the boundary of the growth policy amendment. Therefore there can be no negative impacts to health or safety. The employees of businesses located in the area now and in the future will be protected by established standards of development. Necessary sewer, water, emergency services, transportation, etc. will be evaluated and required to be provided with development. All such services are currently provided to the site. There are residents in proximity to the area of the growth policy amendment. They are primarily located north of College Street. The right of way for College Street provides a physical separation from development in the MSU-IC. There are no identified impacts from future development which will be unmitigated that will jeopardize health and safety. APPENDIX A - PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The property is inside Bozeman city limits and is zoned as Business Park. A master site plan has been approved for the site and is being constructed to provide transportation and 128 Page 13 of 15 22282, Staff Report for the Innovation Campus Growth Policy Amendment (GPA) utilities. Individual site plans for specific buildings will be reviewed over time and must be consistent with the approved Master Site Plan. The existing Business Park zoning designation is inconsistent with the Public Institution designation. It is also inconsistent with the Regional Commercial and Services designation. The amendment does not fully cure the current inconsistency; however, considering the two different FLUM designations and the implementing zoning districts, the Business Park zoning is more consistent with districts and uses to implement the Regional Commercial and Services. See the image on the following page. Adopted Growth Policy Designations: The following designations are applicable to this application. Existing Designation: PUBLIC INSTITUTIONS. The land in this classification is owned by a public entity. A variety of activities are undertaken in this land use classification. Schools are a dominant use including Montana State University. Other typical uses are libraries, fire stations, and publicly operated utilities. A significant portion of Bozeman’s employment occurs within this category. Proposed Designation: REGIONAL COMMERCIAL AND SERVICES. Regionally significant developments in this land use category may be developed with physically large and economically prominent facilities requiring substantial infrastructure and location near significant transportation facilities. Due to the scale of these developments, location, and transition between lower density uses is important. Residential space should be located above the first floor to maintain land availability for necessary services. Development within this category needs well-integrated utilities, transportation, and open space networks that encourage pedestrian activity and provide ready-access within and adjacent to development. Large community scale areas in this land use category are generally 75 acres or larger and are activity centers for several surrounding square miles. These are intended to service the overall community as well as adjacent neighborhoods and are typically distributed by a one-to two-mile separation. 129 Page 14 of 15 22282, Staff Report for the Innovation Campus Growth Policy Amendment (GPA) Zoning Correlation with Land Use Categories 130 Page 15 of 15 22282, Staff Report for the Innovation Campus Growth Policy Amendment (GPA) APPENDIX B - NOTICING AND PUBLIC COMMENT Notice was sent via US first class mail to the owners of the subject property and all owners of property located within 200 feet of the perimeter of the site. The project site was posted with a copy of the notice along College Street and Garfield Street. The notice was published in the Legal Ads section of the Bozeman Daily Chronicle on November 20, 2022, November 27, 2022, and December 11, 2022. The Planning Board public hearing was scheduled and advertised for Monday, December 5, 2022. At that meeting the public hearing was continued to January 23, 2023. The City Commission was scheduled and advertised to conduct a public hearing on the application on Tuesday, December 20, 2022. At that meeting the public hearing was continued to February 28, 2023. No written public comments have been received regarding this project at this time. APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF Owner: MSU Innovation Campus, 222 E. Main Street, Bozeman MT 59715 Applicant: AE Design, 515 W Aspen Street, Suite 200A, Bozeman, MT 59715 Report By: Chris Saunders AICP, Community Development Manager FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this growth policy amendment. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Application materials are available through the City’s website. 131 Memorandum REPORT TO:Community Development Board FROM:Danielle Garber, Associate Planner Anna Bentley, Community Development Director SUBJECT:Northwest Crossing Phase 2 Preliminary Plat application, to subdivide five restricted development lots platted with Northwest Crossing Phase 1 into 264 developable lots with associated stormwater, open space, city park, easements, and right of way. Located southwest of the corner of Baxter Lane and North Cottonwood Road. Application 22129. MEETING DATE:January 23, 2023 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION:Recommend approval of the Northwest Crossing Phase 2 Preliminary Plat application 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: A major preliminary plat subdivision application of 43.98 acres to subdivide five (5) restricted development lots from Phase 1 of Northwest Crossing Subdivision into two hundred and sixty four (264) developable lots zoned REMU, thirteen (13) stormwater lots, seventeen (17) open space lots, four (4) city park lots, easements, and associated right of way. The subdivision is proposed to be completed in four phases. On January 3, 2023 the Development Review Committee (DRC) found the application sufficient for continued review and recommends the conditions and code provisions identified in the staff report. The subdivider did not request any subdivision or zoning variances with this application, and no waivers were granted with the pre-application review. The subject property is zoned REMU, Residential Emphasis Mixed Use, and the underlying growth policy designation is Residential Mixed Use. The Community Development Board is reviewing this application in their role 132 as the Planning Board. Per 38.240.140.A.2 of the municipal code, the primary responsibility of the Planning Board in subdivision review is to comment on compliance of the proposed plat with the growth policy. See Section 6 of the attached staff report for analysis on growth policy compliance. The Planning Board makes recommendations to the City Commission. Materials in the submittal relevant to the Planning Board’s duties include: Application Narrative Application Documents Application Plans The application documents folder will contain the infrastructure reports including water, sewer, stormwater, and traffic impacts, as well as documentation to demonstrate compliance with Chapter 38 including compliance with adopted standards required in BMC 38.220.060. The application plans folder will contain the full plat set of 14 sheets, proposed landscaping plans, proposed park plans, lighting plans, and street and road plans. UNRESOLVED ISSUES:None 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 delivery municipal services to the property. Impact fees will be collected at the time of building permit issuance for individual buildings along with City sewer and water connection fees. Attachments: 22129 Staff Report 1-18-22.pdf Report compiled on: January 18, 2023 133 134 Page 1 of 31 22129 Staff Report for the Northwest Crossing Phase 2 Subdivision Preliminary Plat Public Meeting/Hearing Dates: Planning Board meeting - Monday, January 23, 202 at 6:00 pm. City Commission hearing will be held Tuesday, February 7, 2023 at 6:00 pm Project Description: A major preliminary plat subdivision application of 43.98 acres to subdivide five (5) restricted development lots from Phase 1 of Northwest Crossing Subdivision into two hundred and sixty four (264) developable lots zoned REMU, thirteen (13) stormwater lots, seventeen (17) open space lots, four (4) city park lots, easements, and associated right of way. Project Location: The property is legally described as Restricted Lots 1-5 of Phase 1 of Northwest Crossing Subdivision, Situated in the NE ¼ of Section 4, Township 2 South, Range 5 East, Principal Meridian, City of Bozeman, Gallatin County, Montana. Staff Finding: The application conforms to standards and is sufficient for approval with conditions and code provisions. Recommended Planning Board 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 22129 and move for the Community Development Board in its capacity as the Planning Board to recommend approval of the subdivision with conditions and subject to all applicable code provisions. Recommended City Commission 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 222129 and move to approve the subdivision with conditions and subject to all applicable code provisions. Report Date: January 17, 2023 Staff Contact: Danielle Garber, Associate Planner Griffin Nielsen, Project Engineer Agenda Item Type: Action (Quasi-judicial) 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. 135 22129 Staff Report for Northwest Crossing (NWX) Phase 2 Subdivision Page 2 of 31 Unresolved Issues. There are no unresolved issues with this application. Project Summary The Department of Community Development received a Preliminary Plat Application on April 18, 2022 requesting to subdivide 43.98 acres to create two hundred and sixty four (264) developable lots zoned REMU (Residential Emphasis Mixed Use), thirteen (13) stormwater lots, seventeen (17) open space lots, four (4) city park lots with easements and associated right of way. The subdivision is proposed to be completed in four phases. The first phase at the southeast corner of the site, following by the second to the north and then moving east to west and north to south for phases three and four. A 1.15 acre linear park and playground along Harvest Parkway is proposed with Phase 1, with a 0.06 acre open space connecting the park to Cottonwood Road. A 0.83 acre park is proposed with phase 2. The platted park from Phase 1 on the east side of Baxter Ditch and on the west side of the proposed subdivision will also be developed with this application in accordance with the master park plan within the approved master site plan, application no. 19440, and the approved master site plan modification, application no. 22200. Phase 1 contains Blocks 9 and a portion of blocks 11 and 8. Land uses for phase 1 are to be small lot single household and townhomes in two attached configurations. Phase 2 is proposed to continue those uses with the addition of courtyard access lots consistent with BMC 38.410.030, and will consist of Block 6, Block 5, and the remainder of blocks 11 and 8. Phase 3 proposes to also continue the small lot single household, courtyard access lots, and two-attached townhomes, with the addition of some larger single household lots, and two large 1-3.5 acre lots in block 2 near the corner of Baxter Lane and the future Cottonwood Road intersection that are currently proposed as townhomes and will be subject to subsequent site plan review. Phase 3 will also contains blocks 1, 3, and 4. Phase 4 is proposed as blocks 7 and 10, and will consist of small lot single household uses. REMU zoning allows for small lot single household and single household lots to range from 2,500 square feet to 4,000 square feet in minimum size, as well as townhouse/rowhouse and two- four household dwellings to be developed with no lot size minimums. Phases 1-4 will extend Rosa Way, Twin Lakes Avenue, and Dayspring Avenue that were platted with phase 1 to the north into phase 2. New east-west roads are currently proposed to be named Dayspring Avenue, Touchstone Lane, and Briarwood Lane. On January 3, 2023 the Development Review Committee (DRC) found the application sufficient for continued review and recommends the conditions and code provisions identified in this report. 136 22129 Staff Report for Northwest Crossing (NWX) Phase 2 Subdivision Page 3 of 31 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. The final decision for this preliminary plat must be made by February 7, 2023. The Community Development Board acting in their capacity as the Planning Board will consider compliance of the application with the growth policy on January 23, 2023. Alternatives 1. Approve the application with the recommended conditions; 2. Approve the application with modifications to the recommended conditions; 3. Deny the application based on the Commission’s findings of non-compliance with the applicable criteria contained within the staff report; or 4. Continue the public hearing on the application, with specific direction to staff or the subdivider to supply additional information or to address specific items. 137 22129 Staff Report for Northwest Crossing (NWX) Phase 2 Subdivision Page 4 of 31 TABLE OF CONTENTS EXECUTIVE SUMMARY ............................................................................................................ 1 Unresolved Issues. .............................................................................................................. 2 Project Summary ................................................................................................................. 2 Alternatives ......................................................................................................................... 3 SECTION 1 – MAP SERIES .......................................................................................................... 5 SECTION 2 – REQUESTED VARIANCES ............................................................................... 10 SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL .......................................... 10 SECTION 4 – CODE REQUIREMENTS ................................................................................... 11 SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS ............................................ 17 SECTION 6 – STAFF ANALYSIS and findings ......................................................................... 17 Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC. .......................... 18 38.220.060 Documentation of compliance with adopted standards ................................. 22 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 26 APPENDIX B – DETAILED PROJECT DESCRIPTION .......................................................... 30 APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 30 APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................. 30 FISCAL EFFECTS ....................................................................................................................... 31 ATTACHMENTS ......................................................................................................................... 31 138 22129 Staff Report for Northwest Crossing (NWX) Phase 2 Subdivision Page 5 of 31 SECTION 1 – MAP SERIES Exhibit 1 – Zoning 139 Page 6 of 31 Exhibit 2 – Community Plan 2020 Future Land Use 140 Page 7 of 31 Exhibit 3 – Vehicular Circulation Exhibit 4 – Pedestrian Circulation 141 22129 Staff Report for Northwest Crossing (NWX) Phase 2 Subdivision Page 8 of 31 Exhibit 5 – Preliminary Plat (see full series in file) Exhibit 6 – Phasing Plan 142 22129 Staff Report for Northwest Crossing (NWX) Phase 2 Subdivision Page 9 of 31 Exhibit 7 – Landscaping Plan (see full series in file) 143 Page 10 of 31 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. The plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey and Subdivision Plats (24.183.1104 ARM) and shall be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. The Final Plat application shall include three (3) signed reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent). The Gallatin County Clerk & Recorders office has elected to continue the existing medium requirements of 2 mylars with a 1 binding margin on one side for both plats and COSs. The Clerk and Recorder will file the new Conditions of Approval sheet as the last same sized mylar sheet in the plat set 2. The applicant shall submit with the application for Final Plat review and approval, a written narrative stating how each of the conditions of preliminary plat approval and noted code provisions have been satisfactorily addressed. This narrative shall be in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal. 3. Simultaneously with filing of the final plat, in conjunction with required or offered dedications, the subdivider (or owner of the property being subdivided if the owner is not the subdivider) shall transfer ownership to the property owners’ association of any open space proposed to be conveyed to the property owners’ association and all its right, title, and interest in any improvements made to such parkland or open space. For the transfer of real property, the subdivider or owner of the property shall submit with the application for final plat a warranty deed or other instrument acceptable to the City Attorney transferring fee simple ownership to the property owners’ association and associated realty transfer certificate. The subdivider or owner of the property must record the deed or instrument at the time of recording of the final plat. For personal property installed upon open space owned by the property owners’ association, the subdivider shall provide an instrument acceptable to the City Attorney transferring all its rights, title and interest in such improvements including all applicable warranties to such improvements. 144 22129 Staff Report for Northwest Crossing (NWX) Phase 2 Subdivision Page 11 of 31 4. The applicant is responsible for updating required documents within the Northwest Crossing Phase 1 design guidelines including parkland and non-residential uses with the phase 2 final plat. These design guidelines are associated with the approved master site plan, application no. 19440, and the approved master site plan modification, application no. 22200. 5. Right-of-way must be dedicated for the portion of the Baxter Lane Public Street and Utility Easement directly adjacent to the subdivision with the final plat. SECTION 4 – CODE REQUIREMENTS 1. Sec. 38.100.080 – Compliance with regulations required. 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. Sec. 38.410.060. - Easements. a. All Easements indicated below must be provided on city standard easements templates. Drafts must be prepared for review and approval by the city. Signed hard copies of the easements must be submitted to the City prior final plat approval. The applicant may contact the review engineer to receive standard templates. b. The applicant must provide a ten foot utility easement (power, gas, communication, etc.) along the developments property frontage. c. The applicant must provide a storm drainage easement along the proposed storm sewer main and detention facility. d. The final plat must provide all necessary utility easements and they must be described, dimensioned and shown on each subdivision block of the final plat in their true and correct location. e. Easements must be provided using the City’s standard language for all temporary turnaround used between phases. f. Easements must be provided using the City’s standard language for any temporary stormwater facilities used between phases. g. The required easements for the dewatering system must meet the criteria: i. Be sufficiently sized to allow for the long-term maintenance and operation of the system. A width of 10 feet is required at all locations with additional width dedicated as required. ii. Include language restricting the construction of structures within the easement. iii. Be shown on the final plat. iv. Allow for access from the property owners of the northwest crossing phase 1 subdivision. 3. Sec. 38.410.130 - Water Adequacy. a. Subject to subsections B and C, prior to final approval by the review authority of development occurring under this chapter or chapter 10, the applicant must offset the entire estimated increase in annual municipal water demand attributable to the development pursuant to subsection D. 145 22129 Staff Report for Northwest Crossing (NWX) Phase 2 Subdivision Page 12 of 31 i. The cash-in-lieu of water rights fee for the Block 2 multifamily lots should be deferred to future development. To allow this a note reviewed and approved by City staff must be included in the conditions of approval sheet providing notice to future owner that a future payment of cash-in- lieu of water rights is required upon future development for the specifically lots. 4. Sec. 38.220.020.A – Streambed, Streambank, and/or Wetlands Permits. The applicant must contact the Gallatin County Conservation District, Montana Department of Environmental Quality, and U.S. Army Corps of Engineers regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.). Any required permits must be obtained by the applicant and provided to the Community Development Department prior to construction and final plat approval. 5. Sec. 38.400.010.A.2 – Street, General. a. Baxter Lane is a minor arterial street as identified in the City’s Transportation Master Plan (TMP) as such must be fully completed to ensure the convenient and reliable movement of City wide traffic and effective access for emergency services for both the proposed development and the community as a whole. Baxter Lane must be constructed from Cottonwood Road to the western boundary of the subdivision prior to final plat approval for the subdivision. Right-of-way must be dedicated for the portion of the Baxter Lane Public Street and Utility Easement directly adjacent to the subdivision with the final plat. b. Cottonwood Road is a principal arterial street as identified in the City’s Transportation Master Plan (TMP) as such must be fully completed to ensure the convenient and reliable movement of City wide traffic and effective access for emergency services for both the proposed development and the community ty as a whole. Cottonwood Road must be constructed from Oak Street to Baxter Lane prior to final plat approval for the subdivision. Right-of-way must be dedicated for the portion of the Cottonwood Road Public Street and Utility Easement directly adjacent to the subdivision with the final plat. 6. Sec. 38.400.070. and BMC 38.270.030.B.3 – Street Lighting. Subdivision lighting SILD information shall be submitted to the Clerk of Commission after Preliminary Plat approval in hard copy and digital form. The final plat application will not be deemed complete until the resolution to create the SILD has been approved by the City Commission. The initial adoption of the special improvement lighting district shall include the entire area of the preliminary plat and including lighting along Baxter Lane and Cottonwood Road. 7. Sec. 38.400.040.A.2 – Street Names. Street names must be reviewed and approved by the Countys geographic information systems and City Engineering Department prior to final plat approval. The applicant must submit written approval from both entities with the final plat application. 8. Sec. 38.410.070.A. – Municipal Water, Sanitary Sewer, and Storm Sewer System. a. The City’s Water Facility Plan calls for a 36 main (identified as the West Transmission Main) down Baxter Lane to support growth along City’s western 146 22129 Staff Report for Northwest Crossing (NWX) Phase 2 Subdivision Page 13 of 31 flank and reduce head loss across the City’s existing system. The main must be installed prior to the construction of Baxter Lane and final plat approval for the subdivision. b. The subdivision is reliant upon the extension of the 21 wastewater main along Baxter Lane which will serve in place of the 15 main currently identified in the City’s Wastewater Facility Plan (WWFP). The main must be installed prior to final plat approval for the subdivision and subsequent construction of Baxter Lane and the intersection of Cottonwood Road and Baxter Lane. c. The City’s Wastewater Facility Plan (WWFP) calls for a 15 main (identified as the Aajker Creek Diversion) to service both the subject property as well as future growth to the southwest. The main must be installed to the edge of the development land prior to the final plat approval of the subdivision and a City standard public easement granted for any remaining section of main falling within the future phase of the northwest crossing development including remaining lots. d. All fire hydrants must be located within public ROW or a City water main easement. The hydrant must be a minimum of 9 feet from the edge of the ROW or easement, per DSSP SectionV.D.5 9. Sec. 38.410.070 – Municipal Water, Sanitary Sewer, and Storm Sewer System. a. With the infrastructure submittal, the water report must model the phase development of the subdivision. Additionally, the design engineering must evaluate based on the City’s per capita demand of 170gallons per day per person. b. With the infrastructure submittal, the sewer report must model the phase development of the subdivision and include flows from the areas outside the study area which will naturally be served by the gravity main. The 21 Main must be designed to accept flow from the Laurel Glen lift station per Condition of Approval no. 28 of the Northwest Crossing Master Site Plan, Application No. 19440. c. Due to the high groundwater and increased rate of corrosion within the clay soils all water mains must have additional cathodic protection. A minimum of V-bio polywrap or approved equal is required by the City. 10. Sec. 38.410.120 – Mail Delivery. Mailbox unit locations must be approved by the USPS prior to final plat approval. 11. Sec. 38.240.530 – Certificate of Water Related Improvements. A well, including equipment and associated permitting, used for public irrigation must be transferred to the City or POA as applicable. A certificate of water related improvements is required per Section 38.240.530. Any financially guaranteed water related improvements agreements must include a warranty of workmanship. 12. Sec. 38.410.060 – Agricultural Water User Easements. a. BMC 38.410.060.D.4 - Stormwater from the development may not be discharged to an agricultural water user facility without written approval from the owner of the facility and corresponding stormwater conveyance easement(s). Any required stormwater conveyance easements shall be provided prior to final plan approval. 147 22129 Staff Report for Northwest Crossing (NWX) Phase 2 Subdivision Page 14 of 31 b. 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. 13. Sec. 38.270.070. and Sec. 38.400.010.A.2 – Payment for Extension of Capital Facilities. a. Cottonwood Road, from Oak Street to Baxter Lane, and the intersection of Cottonwood and Baxter are currently identified in the City’s Capital Improvement Program (CIP No. SIF138) and scheduled for construction in FY2023. The developments full local share must be provided in the form of a cash-in-lieu of infrastructure payment made to the City prior to final plat approval. The developments local share amount must be confirmed at the time of final plat using the most current costs for the project. 14. Sec. 38.420.020 – Park area requirements, Sec. 38.420.030 – Cash donation in-lieu of land dedication, and Sec. 38.420.080 – Park Development. a. Include parkland phasing on the F - Phasing Plan that matches the parkland phasing shown on PK100. Parkland included in each phase is required to be installed prior to final plat approval. b. Include cut sheets of all proposed amenities such as playgrounds, benches, trash receptacles, and etc. to be reviewed and approved by Parks. c. Resolution 4784 - CILP has not been approved to meet parkland requirements as outlined in the Park Master Plan. Since there is a deficit in IILP proposed, parkland amenities should be adjusted to meet the required IILP amount. PROST recommends a variety of recreation opportunities within parklands. Since this subdivision already contains several playgrounds, parks recommends replacing a playground with a pickle ball facility to meet the remaining IILP while following PROST guidelines. d. The applicant must update the parkland tracking table to reflect the appraisal value in effect at the time of final plat application. e. The following notes must be added final plat: Snow removal from sidewalks within parks that serve as primary egress from private lots is the responsibility of the property owners’ association f. A preconstruction meeting with the Park Division is required prior to any site work. Applicants must provide the most recent park plans with revisions red-lined and request meeting at least 30 days prior to commencement of parkland construction. 148 22129 Staff Report for Northwest Crossing (NWX) Phase 2 Subdivision Page 15 of 31 g. 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. 15. Sec. 38.410.100.A.2.f – Watercourse Setback. The boundaries of park development should include the east half of Baxter ditch to consolidate construction of improvements. The applicant must include plans of watercourse plantings to be installed east of Baxter ditch for staff review. 16. Sec. 38.410.080. - Stormwater Management. Per the approved Master Site Plan (Application No. 19440) condition of approval no. 24. Low Impact Design (LID to mitigate stormwater must be issued within the REMU zoning district. The design engineer must certify that LID infrastructure is being implemented through the development and explain how with the stormwater infrastructure review. The City encourages the design team to consider the Montana Post-Construction Stormwater BMP Design Guidance Manual when designing the stormwater and drainage system. 17. Sec. 38.270.050.A.2 – Acceptance of improvements. During construction, if groundwater is found to be at levels exceeding what is described in the drainage report and limits the functionality of the stormwater infrastructure the City will not accept the stormwater infrastructure. If the stormwater infrastructure requires significant redesign it may be considered a material modification from the preliminary plat and require re- review and approval of the preliminary plat. 18. Sec. 38.410.080. - Grading and Drainage. a. The stormwater system must be designed and situated to allow for reasonable operation and maintenance including the replacement of the system. Placement of the sub-surface storage systems directly abutting the fee simple lots does not allow for the operation and maintenance of the system without impacting the adjacent lots. The applicant must work with the engineering department to ensure adequate measures have been taken prior to final approval to allow for reasonable operation and maintenance. b. The stormwater report and plat indicates certain open space parcels will contain a surface retention pond for stormwater. The landscaping plan must include landscaping compliant with BMC 38.410.080 including a cross section of each facility on each open space lot designated for stormwater retention. c. The applicant must provide a maintenance plan for the dewatering system include the maintenance plan in the property owners’ association documents prior to final plat approval. The plan must include the long term maintenance instructions for the property owners’ association. 19. Sec. 38.600.040 Floodplain Regulations. Abandonment of the eastern lateral of Baxter Ditch increases flow to the western leg of Baxter Ditch. The proposed alterations, as described with the flood hazard analysis, to accommodate the 100-year event on Baxter Ditch must be completed prior to the abandonment of the eastern ditch lateral as well as any required mitigation downstream along Baxter Creek and ensure no adverse impact to downstream property owners. The alteration to Baxter Ditch must be reviewed through the City’s infrastructure review process in addition to obtaining all other permits required 149 22129 Staff Report for Northwest Crossing (NWX) Phase 2 Subdivision Page 16 of 31 from outside agencies and the adjacent property owner. Any alterations proposed within the public right-of-way required the approval of the City Engineer. 20. Sec. 38.600.050. - Floodplain Regulations. The flood hazard report finds that floodwater could reach elevations of proposed lots based on existing topography. To mitigate the flood hazard due to existing topography, the report recommends fill be placed to keep the floodwater contained within the confines of the 20 feet of the wetland setback, the elevation of the structure to a minimum of two feet and sidewalk one foot above the identified floodwater surface elevation. The fee simple lots may not be final platted without completion of the mitigation. Sidewalks must be constructed per the recommendation. Finally, the plat must contain a note that the structure should be elevated two feet above identified floodwater surface elevation and provided recommended finished floor elevations for lots adjacent to Baxter Ditch. 21. Sec. 38.410.030.E.1 – Corner Lots and Building Orientation. This conceptual layouts provided in the property owners’ association documents will need to show an example of lots fronting off a greenway open space corridor like the interior of the two-household townhome lots in Block 1. The conceptual layout should show an example of the front door connecting to the greenway sidewalk and a fencing example indicating a front yard fence of 4-feet. Homes on corner lots must have the same orientation as homes on lots on the interior of the block. 22. Sec. 38.410.030.D – Courtyard Access Lots. Respond to the criteria in this section with final plat, and demonstrate that the required maintenance agreement for all the courtyard accesses in blocks 4 and 5 is satisfied. 23. Sec. 38.270.030.D – Exception for concurrent construction. In certain circumstances, the issuance of a building permit may be allowed prior to completion of the public infrastructure, provided that the criteria listed in this section are met. Provide concurrent construction approval prior to final plat approval as well as appropriate improvements agreement applications for required infrastructure and landscaping. 24. Sec. 38.400.090 – Access. a. A 1 foot No Access strip shall be placed along Baxter Lane frontage of Blocks 1 and 2 of the development. b. A 1 foot No Access strip shall be placed along the Cottonwood Road frontage of Blocks 6, 9, and 13 of the development. c. A 1 foot No Access strip shall be placed along the Touchstone Lane frontage of Blocks 6 and 9 of the development. d. A 1 foot No Access strip shall be placed along the Harvest Parkway frontage of Block 9 of the development. e. A 1 foot No Access strip shall be placed along the frontages of Rosa Way and Twin Lakes Avenue for 150 ft. starting from their intersections from Baxter Lane. 25. Sec. 38.410.130 and Sec. 38.420.080.A.2 – Water Adequacy and Park Development. All irrigation wells located within the boundaries of the development shall include Montana DNRC certificates which shall be provided to the City with the final plat submittal. Ownership of any well and associated water right within common open space owned by the property owners’ association shall be transferred to the property owners’ 150 22129 Staff Report for Northwest Crossing (NWX) Phase 2 Subdivision Page 17 of 31 association in conjunction with the final plat. Ownership of any well, irrigation infrastructure and associated water right providing irrigation to public lands shall be transferred to the City in conjunction with the final plat. The developer must provide easements necessary to allow for the reasonable operation and maintenance of this infrastructure. All wells shall include a meter or other device to determine consumption. 26. Sec. 38.270.090 – Development or Maintenance of Common Areas and Facilities by Developer or Property Owners’ Association. a. The applicant must provide a maintenance plan for the dewatering system including the maintenance plan in the property owners’ association documents prior to final plat approval. The plan must include the long-term maintenance instructions for the Properties Owners’ Association. b. The applicant must note on the plat that maintenance of the common parking areas within open space tracts are the responsibility of the Property Owners’ Association and provide a maintenance plan with final plat. 27. Sec. 34.02.030 – Work in Streets. The City is proceeding with the construction of Cottonwood Road between Oak St and Baxter Lane and the roundabout at the intersection of Cottonwood and Baxter Lane. The City will not permit cuts or disturbance of the Cottonwood Road and the roundabout once complete. If the gravity sewer is not installed prior to or with the project wastewater service may not be available from the west resulting in the development becoming reliant on downstream service from truck mains within the Aajker creek basin. Private lift stations will not be permitted. 28. Sec. 38.350.060 – Fences. Fences located in the rear or side setback of properties adjoining any city linear park must have a maximum height of four feet. The applicant must add a note to the plate or state this in the covenants with final plat submittal. 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 January 3, 2023. Planning Board meeting was held Monday, January 23, 2023 at 6:00 pm. City Commission meeting will be held Tuesday, February 7, 2023 at 6:00 pm. 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. 151 22129 Staff Report for Northwest Crossing (NWX) Phase 2 Subdivision Page 18 of 31 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. As noted in the code requirements, 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. 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 Bozeman Municipal Code or State law. Sections 3 and 4 of this report identify conditions and code provisions necessary to meet all municipal standards. The listed code requirements address necessary documentation and compliance with standards. Therefore, 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 Planning Board public meeting and City Commission public hearings were properly noticed in accordance with the Bozeman Municipal Code. 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 76-3-623 MCA as authorized in 38.240.100. Subdivisions reviewed under the terms of 76-3-623 may not include variances or other instances of lack of compliance to standards and procedures. The Department of Community Development received a preliminary plat application on April 18, 2022. The DRC reviewed the preliminary plat application and determined the submittal did not contained detailed, supporting information that was sufficient to allow for the continued review of the proposed subdivision on June 22, 2022. A revised application was received on August 30, 2022. The DRC determined the application was still not adequate for continued review on October 4, 2022. 152 22129 Staff Report for Northwest Crossing (NWX) Phase 2 Subdivision Page 19 of 31 A revised application was received on October 26, 2022. The DRC determined the application was adequate for continued review January 3, 2023 and recommended conditions of approval and code corrections for the staff report. The City scheduled public notice for this application for publication in the legal advertisements section of the Bozeman Daily Chronicle on Thursday, September 3, 2021 for postings on Sundays, January 8, 2023 and January 15, 2023. The applicant posted public notice on the subject property on January 6, 2023. The applicant 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 January 6, 2023. No public comment had been received on this application as of the writing of this report. On January 18, 2023 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 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. Water/sewer – The subdivision will not significantly burden city water and sewer infrastructure with the recommended conditions of approval and code provisions. The required design report has been provided. Formal plans and specifications will be prepared and reviewed after action on the preliminary plat. Code provision 10.a and 10.b directs the applicant to appropriate municipal water and sewer modeling requirements to ensure capacity is provided with the development. Easements - The final plat must provide and depict all necessary utilities and required utility easements. Code provision 2 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 will be located within dedicated street right of ways. Additional required easements include temporary road turnarounds between each phases’ road development, this will ensure public safety over the course of the full build out. Easements must also be provided for any temporary stormwater facilities used between phases. All easements must be provided using the City’s standard language. Ten foot front yard utility easements are depicted on the preliminary plat and are proposed to be granted with the final plat in accordance with standards. Parks – The applicant is proposing to develop four different park areas. Two parks are located along the north side of Harvest Parkway, Labeled Park B and Park C on sheet PK100. Park B is 153 22129 Staff Report for Northwest Crossing (NWX) Phase 2 Subdivision Page 20 of 31 proposed to be developed with a small playground, landscaping, and recreation pathways. Park C is designed to connect recreation pathways and usable space to the the park along Baxter Ditch, platted with Phase 1, and the Bozeman Sports Park located east of Cottonwood Rd. with enhanced road crossings. Park A also is proposed to be designed with a playground, a picnic structure, a multi-purpose lawn, and assorted sitting areas. This park is to be located central to the development northeast of the corner of Twin Lakes Ave. and Touchstone Dr. Touchstone will also connect Cottonwood Rd. to the interior of the entire Northwest Crossing development and will eventually cross Baxter Ditch to future phases. The other park areas to be developed are located in the previously platted park areas to the east of the Baxter Ditch watercourse. Park P2 East is proposed to be developed with Phase 2, and Park P1 East is proposed to be developed with Phase 4. P2 east is currently proposed to contain playground equipment, landscaping, and recreation pathways to the east and north. P2 East will connect with P1 east which is to be developed as a linear park that follows the watercourse setback. There are code provisions related to park area requirements, cash donation and infrastructure donation in lieu of land dedication, and park development. These are listed in code provision 15. Within this provision three are related to park design requiring a corrected phasing plan to be included within supplemental document F, and requirements for details related to specific park amenities such as playgrounds, benches, and trash receptacles. The applicant is also required to replace one of the seven playgrounds proposed with the subdivision to a pickle ball facility to meet PROST guidelines. These corrections will ensure that the park is developed according to adopted park standards and needed amenities are provided to the public. There is one code provision related to the parkland tracking table to ensure that the correct appraisal value is reflected at the time of final plat application. 15.e requires a note on the plat that the property owners’ association is responsible for snow removal where lots will front on the park in blocks 10 and 11 and primary egress from private lots will be within the park. This provision ensures maintenance of lot frontage sidewalks does not become a burden to the Parks Department. 15.f requires a preconstruction meeting with the Parks Division prior to commencement of parkland construction. This provision will help the applicant to follow the correct construction process with the City. Lastly, 15.g requires that easements for trails located within open space parcels must include the city-wide wayfinding signage and allow Parks staff to install and/or repair wayfinding signs. This provision will help connect the proposed trails to city wide park infrastructure with consistent signage and directions for users. The proposal meets the required park dedication and improvement standards with conditions and code provisions. The Parks Department reviewed the parkland proposal for consistency with the master park plan for Northwest Crossing Subdivision within the approved master site plan, application no. 19440, and the approved master site plan modification, application no. 22200. Stormwater - The subdivision will construct storm water control facilities to conform to municipal code, REMU zoning, and design standards. Per the approved master site plan, application no. 19440, and REMU zoning, Low Impact Design (LID) is required within the 154 22129 Staff Report for Northwest Crossing (NWX) Phase 2 Subdivision Page 21 of 31 development. Code provision 17 requires the design engineer to certify that LID infrastructure is being implemented through the development and explain how in the stormwater infrastructure review packet. The City encourages the design team to consider the Montana Post-Construction Stormwater BMP Design Guidance Manual when designing the stormwater and drainage system. Code provision 19.a requires the placement of sub-surface storage systems to allow for reasonable operation and maintenance of the system without impacting the adjacent privately owned lots. A maintenance plan must be provided per 19.c to facilitate long term maintenance of stormwater systems. 19.b requires appropriate landscaping be provided where surface stormwater retention ponds are proposed to ensure compliance with Sec. 38.410.080. Agricultural water user facility – The portion of Baxter Ditch that flows intermittently along the north end of this proposed subdivision east of Baxter Ditch, underneath Baxter Lane and North to adjacent parcels is to be removed and filled with this subdivision. No Farmers Canal shares are conveyed via the open ditch, and no known private water rights are conveyed. This was confirmed by the Farmers Canal Company. As a part of the Baxter Lane widening the existing portion of Baxter ditch that flows west to Baxter Creek along Baxter Lane will be altered to ensure that the channel can convey the additional flow and mitigate any additional flood hazard. BMC 38.360.280 requires written notice to the applicable water users or agricultural water users authorized representatives of the proposed development. Outside counsel was hired by the applicant to identify and notify downstream users of the proposed changes to Baxter Ditch with the required Baxter Lane road expansion. Letters or emails were sent to downstream users as required by code. This is confirmed with the attached correspondence within the application (documents and drawings labeled 8 in the application materials) and via a letter provided to the applicant from Abigail R. Brown Attorney at Law dated October 20, 2022. Code provision 13 states stormwater from the development may not be discharged to an agricultural facility without written permission from the owner of the facility and the provision of corresponding stormwater conveyance easements to protect downstream water users. Additionally, 13.b requires a notice be recorded with the final plat stating that the agricultural water user facility easement is subject to the requirements of Section 10-17-112 MCA restricting interference with canal or ditch easements, and that irrigation works are subject to other duties and liability in Montana Code Annotated. This notice must include language to assure the duties are binding upon all successors in interest and will remain in effect until such time the agricultural water user facility is abandoned. Agricultural water user facility requirements were reviewed by staff for compliance with adopted standards. Concurrent construction – The applicant requested concurrent construction per BMC 38.270.030.D. Code provision 24 requires the applicant to provide concurrent construction approval prior to final plat approval as well as appropriate improvements agreement applications for required infrastructure and landscaping. An approved concurrent construction plan from the DRC will allow the applicant to complete required improvements with an improvements agreement within two years of the date of final plat approval. 155 22129 Staff Report for Northwest Crossing (NWX) Phase 2 Subdivision Page 22 of 31 Police/Fire – The City of Bozeman’s Police and Fire emergency response area includes this subject property. The subdivision does not impact the City’s ability to provide emergency services to the subject property. The necessary address will be provided to enable 911 response to individual homes prior to recording of the final plat. Fire protection standards require installation of fire hydrants at designated spacing to ensure adequate protection. 5) The provision of easements to and within the subdivision for the location and installation of any necessary utilities The final plat will provide and depict all necessary utilities and required utility easements. Code requirement 2 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 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 of the proposed lots will have either frontage on public streets constructed to City standards with lot frontage meeting minimum standards shown on the preliminary plat, or access from an approved alley and a greenway corridor with public access as allowed by BMC 38.400.090.B.2.c. Portions of blocks 1, 10, 11, and 9 are proposed to front onto landscaped open space parcels with sidewalks provided within those parcels, and vehicular access taken from the alley. Code provision 22 requires the applicant provide conceptual layouts in the property owners’ association documents showing an example of lots fronting off a greenway open space corridor. The conceptual layout should show an example of the front door connecting to the greenway sidewalk and a fencing example indicating a front yard fence of 4-feet. 38.220.060 Documentation of compliance with adopted standards The Development Review Committee (DRC) completed a subdivision pre-application plan review on January 26, 2022 and no variances were requested. No waivers were granted. Staff offers the following summary comments on the documents required with Article 38.220.060, BMC. 38.220.060.A.1 – Surface water This subdivision will not significantly impact surface water. Baxter Ditch, an unnamed tributary of Baxter Creek, runs to the west of the subject property. The entire eastern half of the subject property, east of Baxter Ditch where phase 2 is proposed, has been historically filled, tilled, planted, and irrigated eliminating wetland qualities in those areas. Where intact wetlands and watercourses are present setbacks have been delineated and identified pursuant to BMC 38.410.100. This was done with the master site plan, application no. 19440, and the Northwest Crossing Phase 1 Preliminary Plat, no 20113. Watercourse setback plantings along the east side of Baxter Ditch are required with code provision 16. Plants and soils along the watercourse have 156 22129 Staff Report for Northwest Crossing (NWX) Phase 2 Subdivision Page 23 of 31 been severely degraded due to agricultural activities, and noxious weeds are widespread. Plantings are required to be installed or financially guaranteed with final plat. A drain tile system existed through the eastern half of the phase 1 and 2 property and has been traditionally used for agricultural ground dewatering. A letter from the Gallatin Conservation District, provided in the application materials states that this drained swell, where the tile has been damaged and repaired, is not a natural watercourse or irrigation facility and does not convey water from other properties. The applicant proposed a redesign to this system with the Phase 1 final plat application. A continuation of that redesign is proposed through this phase 2 application. The dewatering pipe is proposed along Twin Lakes Avenue and Rosa Way and will flow north towards the proposed Baxter ditch re-alignment and discharge into Baxter Creek. This pipe will be located in a separate 10-foot wide easement and must be minimum of 18-inches from all water main crossings. Design of the dewatering pipe was reviewed by engineering and was found to meet standards. The watercourse presents the possibility of flooding, code provisions 20 and 21 are related to this issue. Mitigation of this flood hazard includes recommendation for fill to be added to the site. If fill impacts wetlands or watercourses mitigation is required with local, state, and federal permitting. 38.220.060.A.2 - Floodplains Flood hazards were evaluated by the Engineering Division against code requirements contained in BMC 38.600. Code provision 21 states: The flood hazard report finds that floodwater could reach elevations in proposed lots based on existing topography. To mitigate the flood hazard due to existing topography, the report recommends fill be placed to keep the floodwater contained within the confines of the 20 feet of the wetland setback, the elevation of the structure to a minimum of two feet and sidewalk one foot above the identified floodwater surface elevation. The fee simple lots may not be final platted with completion of the mitigation. Sidewalks must be constructed per the recommendation. Finally, the plat must contain a note that the structure should be elevated two feet above identified floodwater surface elevation and provided recommended finished floor elevations for lots adjacent to Baxter Ditch. Code provision 20 states: Abandonment of the eastern lateral of Baxter Ditch increases flow to the western leg of Baxter Ditch and the subsequent flood hazard. The proposed alterations, as described with the flood hazard analysis, to accommodate the 100-year event on Baxter Ditch must be completed prior to the abandonment of the eastern ditch lateral as well as any required mitigation downstream along Baxter Creek. The alteration to Baxter Ditch must be reviewed through the City’s infrastructure review process in addition to obtaining all other permits required from outside agencies and the adjacent property owner. Any alterations proposed within the public right-of-way required the approval of the City Engineer. 38.220.060.A.3 - Groundwater A geotechnical site evaluation was completed in 2019 and included eight test pits across the entire Northwest Crossing development. A memo detailing groundwater flow modeling was 157 22129 Staff Report for Northwest Crossing (NWX) Phase 2 Subdivision Page 24 of 31 completed in 2020. The site is in an 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 6 on the plat prohibits use of basements or crawl spaces unless a professional engineer certifies that the structure has been designed in such a way to accommodate seasonal high groundwater. This requirement will protect both future structure owners from future hazards of flooding and lessen burden on the public from illicit discharges. Code provision 18 is related to high groundwater and stormwater infrastructure. 38.220.060.A.4 - Geology, Soils and Slopes This subdivision will not significantly impact the geology, soils or slopes. No significant geological features or slopes exist on the site. 38.220.060.A.5 - Vegetation This subdivision will not significantly impact vegetation. No critical plant communities identified on site. 38.220.060.A.6 - Wildlife This subdivision will not significantly impact wildlife. There are no known endangered or threatened species on the property. Habitat quality has been substantially impacted by agriculture and grazing. A memo prepared by Christine Pearcy, an environmental scientist with Morrison Maierle dated July 2019 was included with the application. Minimal habit exists on the property, except for along the watercourse. The applicant is proposing to enhance the east edge of the watercourse where it is adjacent to phase 2 and appropriate watercourse and wetland setbacks have been provided. 38.220.060.A.7 - Agriculture This subdivision will not impact agriculture. The subject property is designated as residential mixed use according to the City of Bozeman Community Plan. The area is zoned for residential mixed use high density development. The site is historically used for grazing and irrigated crops, but the home and agricultural buildings are all vacant. 38.220.060.A.8 - Agricultural Water User Facilities See discussion above. 158 22129 Staff Report for Northwest Crossing (NWX) Phase 2 Subdivision Page 25 of 31 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. Also see discussion above. 38.220.060.A.10 - Stormwater Management The subdivision will not significantly impact stormwater infrastructure. See discussion above under primary review criteria. 38.220.060.A.11 - Streets, Roads and Alleys The subdivision will not significantly impact the City’s street infrastructure and will provide adequate improvements to support the development and the existing neighborhoods by completing the street grid in the area with conditions and code provisions. Phases 1-4 will extend Rosa Way, Twin Lakes Avenue, and Dayspring Avenue that were platted with phase 1 to the north into phase 2. New east-west roads are currently proposed to be named Dayspring Avenue, Touchstone Lane, and Briarwood Lane. Blocks 1, 6, 9, 10, and 11 will be developed with alley access lots. A platted north-south open space transportation corridor is proposed through blocks 2, 5, 8, and 11 to facilitate pedestrian movement through the site. The subdivision will primarily be accessed via Rosa Way and Twin Lakes Ave. from Baxter Lane, and Touchstone Drive and Harvest Parkway (existing) from Cottonwood Road. Three north-south routes, Dayspring Ave., Twin Lakes Ave., and Rosa Way will continue the street grid platted with Phase 1 to the north into Phase 2 and are consistent with the master site plan approval already in place. This proposed subdivision will include City standard sidewalks along all street frontages increasing the pedestrian connectivity in the area as whole. A traffic impact study was provided by the applicant for the Phase 2 subdivision and is dated February 23, 2022, with an update letter dated October 18, 2022. The TIS and update letter were reviewed by engineering have been found to meet City standards for peak trip generation and level of service with code provisions. Code provision 6 requires both Baxter Lane and Cottonwood Road to be fully completed to ensure the convenient and reliable movement of City wide traffic and effective access for emergency services for both the proposed development and the community as a whole. 38.220.060.A.12 – Non-Municipal Utilities The applicant has received confirmation of future service from Northwestern Energy and internet providers. 38.220.060.A.13 - Land Use The application has provided future land use data consistent with the REMU zoning district and the community plan. 26.84 acres is proposed as developable residential lots, 3.24 acres as open space tracts, 2.16 acres as parks, and 11.74 acres as right-of-way. The proposed uses of townhouses, small lot single household, and single household are allowed within the REMU zoning district. 159 22129 Staff Report for Northwest Crossing (NWX) Phase 2 Subdivision Page 26 of 31 38.220.060.A.14 - Parks and Recreation Facilities The proposed subdivision will provide improvements to existing dedicated parkland, new parkland, and cash or improvements-in-lieu of parkland dedication. The proposal meets the required park dedication and improvement standards with conditions and code provisions. The Parks Department reviewed the parkland proposal for consistency with the master park plan for Northwest Crossing Subdivision within the approved master site plan, application no. 19440, and the approved master site plan modification, application no. 22200. Also see the discussion above. 38.220.060.A.15 - Neighborhood Center Plan To provide a neighborhood focal point, all residential subdivisions that are ten net acres in size or greater, must have a neighborhood center. Developments may be exempted from this requirement if every lot within the development is within one-half mile of an existing neighborhood center. The existing neighborhood center platted with phase 1, is within 0.5 miles of the subdivision, meets the size standards of this section, and is zoned B-2M which will allow for a neighborhood commercial center. 38.220.060.A.16 - Lighting Plan Subdivision or street lighting is required pursuant to BMC 38.570.030. All street lights installed must use LED light heads and must conform to the City’s requirement for cut-off shields as required by the City’s specifications. A Special Improvement Lighting District (SILD) must be created prior to final plat application. Code provision 7 is related to this issue. 38.220.060.A.17 - Miscellaneous The proposed subdivision is not located within 200 feet of any public land access or within a delineated Wildland Urban Interface area. No health or safety hazards on-site or off-site will be created with this development. 38.220.060.A.19 - Affordable Housing This application does not rely on incentives authorized in 38.380. Therefore, no analysis is required. APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The subject property is zoned REMU, Residential Emphasis Mixed Use. The intent of the REMU district he intent and purpose of the REMU district is to establish areas within Bozeman that are mixed-use in character and to provide options for a variety of housing, employment, retail and neighborhood service opportunities within a new or existing neighborhood. These purposes are accomplished by: 1. Emphasizing residential as the primary use, including single household dwellings, two to four household dwellings, townhouses, and apartments. 2. Providing for a diverse array of neighborhood-scaled commercial and civic uses supporting residential. 160 22129 Staff Report for Northwest Crossing (NWX) Phase 2 Subdivision Page 27 of 31 3. Emphasizing a vertical and horizontal mix of uses in a compact and walkable neighborhood setting. 4. Promoting neighborhoods that: a. Create self-sustaining neighborhoods that will lay the foundation for healthy lifestyles; b. Support compact, walkable developments that promote balanced transportation options; c. Have residential as the majority use with a range of densities; d. Provide for a diverse array of commercial and civic uses supporting residential; e. Have residential and commercial uses mixed vertically and/or horizontally; f. Locate commercial uses within walking distance; g. Incorporate a wider range of housing types; and h. Encourage developments that exhibit the physical design characteristics of vibrant, urban, and pedestrian-oriented complete streets. 5. Providing standards and guidelines that emphasize a sense of place: a. Support or add to an existing neighborhood context; b. Enhance an existing neighborhood's sense of place and strive to make it more self-sustainable; c. Encourage a new neighborhood commercial center(s) with a unique identity and strong sense of place; d. Develop commercial and mixed-use areas that are safe, comfortable, and attractive to pedestrians; and e. Reinforce the principle of streets as public places that encourage pedestrian and bicycle travel, transit, on-street parking and physical elements of complete streets. 6. Providing standards and guidelines that emphasize natural amenities: a. Preserve and integrate the natural amenities into the development; and b. Appropriately balance a hierarchy of both parks and public spaces that are within the neighborhood. 7. Providing standards and guidelines that emphasize the development of centers: a. Group uses of property to create vibrant centers; b. Where appropriate create a center within an existing neighborhood; c. Facilitate proven, market driven projects to ensure both long and short-term financial viability; d. Allow an appropriate blend of complementary mixed land uses including, but not limited to, retail, offices, commercial services, restaurants, bars, hotels, recreation and civic uses, and housing, to create economic and social vitality; e. Foster the master plan development into a mix of feasible, market driven uses; f. Emphasize the need to serve the adjacent, local neighborhood and as well as the greater Bozeman area; and g. Maximize land use efficiency by encouraging shared use parking. 161 22129 Staff Report for Northwest Crossing (NWX) Phase 2 Subdivision Page 28 of 31 8. Promoting the integration of action: a. Support existing infrastructure that is within and adjacent to REMU zones; b. Encourage thoughtfully developed master planned communities; c. Provide flexibility in the placement and design of new developments and redevelopment to anticipate changes in the marketplace; d. Provide flexibility in phasing to help ensure both long and short term financial viability for the project as a whole; 9. Providing standards and guidelines that promote sustainable design Use of this zone is appropriate for sites at least five acres in size and areas located adjacent to an existing or planned residential area to help sustain commercial uses within walking distance and a wider range of housing types. Adopted Growth Policy Designation: Table 4 of the Bozeman Community Plan 2020 shows the correlation between future land use map designations and implementing zoning districts. (See below for the Table) 162 22129 Staff Report for Northwest Crossing (NWX) Phase 2 Subdivision Page 29 of 31 The subject property is designated as Residential Mixed Use. This category promotes neighborhoods substantially dominated by housing, yet integrated with small-scale commercial and civic uses. The housing can include single-attached and small single-detached dwellings, apartments, and live-work units. If buildings include ground floor commercial uses, residences should be located on upper floor. Variation in building mass, height, and other design characteristics should contribute to a complete and interesting streetscape. Secondary supporting uses, such as retail, office, and civic uses, are permitted on the ground floor. All uses should complement existing and planned residential uses. Non-residential uses are expected to be pedestrian oriented and emphasize the human scale with modulation in larger structures. Stand alone, large, non-residential uses are discouraged. Non-residential spaces should provide an interesting pedestrian experience with quality urban design for buildings, sites, and open spaces. This category is appropriate near commercial centers. Larger areas should be well served by multimodal transportation routes. Multi-unit, higher density, urban development is expected. Any development within this category should have a well-integrated transportation and open space network that encourages pedestrian activity and provides ready-access within and adjacent development. This proposed subdivision is well-suited to implement the Residential Mixed Use designation by providing lots that will support a variety of housing types including townhouses, small lot single household, single household, and courtyard access single household. The townhouse and small lot single household lots will support construction of “missing middle” housing which is contemplated throughout the Bozeman Community Plan 2020. The proposed subdivision is also located near an existing, and yet undeveloped, commercial area. The added density adjacent to this commercial neighborhood center will add demand for development of the B-2M zoned area to the south. The growth policy encourages development to be walkable, which is defined in the glossary 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. With the complexity of features needed to create a walkable environment, no one site is likely to provide all the needed elements. The additional density will help provide for element two with 163 22129 Staff Report for Northwest Crossing (NWX) Phase 2 Subdivision Page 30 of 31 potential for additional persons in the area. Parks and pedestrian routes are proposed through and around the development. The use of alleys and courtyard access lots will significantly reduce visible parking and help create a vibrant public realm. The REMU district has a minimum building setback of 10-feet and a maximum of 15-feet which will contribute to pedestrian design. LID stormwater is required and will be integrated into small retention ponds and underground stormwater management reducing the need for large basins of unusable area. Gallatin High School is within 0.5 miles of the center of the proposed subdivision, with nearby elementary and middle schools within a mile. The Streamline Brownline has a stop on Oak Street at Gallatin High School which is rough 0.5 miles away from the proposed development. There are also another commercial node at Baxter Meadows about 0.75 miles away near Vaquero and Baxter Lane. The proposed subdivision meets the following Bozeman Community Plan 2020 goals: N-1.1 Promote housing diversity, including missing middle housing N-1.10 Increase connectivity between parks and neighborhoods through continued trail and sidewalk development. Prioritize closing gaps within the network. N-3.8 Promote the development of “Missing Middle” housing (townhouses, multi-household) APPENDIX B – DETAILED PROJECT DESCRIPTION Project Background and Description A preliminary plat application by the applicant, Morrison Maierle, Inc., 2880 Tech Blvd West, Bozeman, MT 59771, representing applicant Williams Homes, 387 Gallatin Park Drive Suite 102, Bozeman, MT 59715, and the property owner NWX, LLC, 529 E. Main Street, Bozeman, MT 59715. APPENDIX C – NOTICING AND PUBLIC COMMENT Notice was provided at least 15 and not more than 45 days prior to the City Commission public hearing per BMC 38.220.420, The City scheduled public notice for this application on January 5, 2023 for publication in the legal advertisements section of the Bozeman Daily Chronicle on Sunday January 8, and Sunday January 15, 2023. The applicant posted public notice on the subject property on January 6, 2023. 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 January 6, 2023. No public comment has been received as of the writing of this report. APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF Owner: NWX, LLC, 529 E. Main Street, Bozeman, MT 59715. Applicant: Williams Homes, 387 Gallatin Park Drive Suite 102, Bozeman, MT 59715 164 22129 Staff Report for Northwest Crossing (NWX) Phase 2 Subdivision Page 31 of 31 Representative: Morrison Maierle, Inc., 2880 Tech Blvd West, Bozeman, MT 59771 Report By: Danielle Garber, Associate Planner FISCAL EFFECTS No unusual fiscal effects have been identified. ATTACHMENTS The full application and file of record can be viewed digitally at https://www.bozeman.net/departments/community-development/planning/project-information- portal, select the “Project Documents Folder” link and navigate to application #22129, as well as digitally at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Application materials – Available through the Laserfiche archive, the full file is linked below. https://weblink.bozeman.net/WebLink/Browse.aspx?id=261887&dbid=0&repo=BOZEMAN This project can be viewed on the Community Development Viewer interactive map directly with this link: https://gisweb.bozeman.net/Html5Viewer/?viewer=planning&FILE_NUMBER=22-129 165 Memorandum REPORT TO:Community Development Board FROM:Chris Saunders, Community Development Manager Anna Bentley, Community Development Director SUBJECT:Upcoming Items Expected for February 6, 2023, Community Development Board Meeting MEETING DATE:January 23, 2023 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 action items are presently scheduled for the February 6, 2023, Community Development Board meeting. 1. West Park Neighborhood Subdivision Preliminary Plat, Application 22178, considered in capacity as Planning Board. One item will be on the consent agenda for consideration in the capacity of Design Review Board: 1. West Park Phase I Site Plan, Application 22205. UNRESOLVED ISSUES:None. ALTERNATIVES:None. FISCAL EFFECTS:None. Report compiled on: December 21, 2022 166