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Home My WebLink About01-09-23 CDB Agenda and Packet MaterialsA.Call to Order - 6:00 pm This meeting will be held both in-person and also using an online video conferencing 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: 2559 848 7383 B.Disclosures C.Changes to the Agenda D.Approval of Minutes D.1 Approval of Minutes(Sagstetter) E.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(Garber) THE COMMUNITY DEVELOPMENT BOARD OF BOZEMAN, MONTANA CDB AGENDA Monday, January 9, 2023 General information about the Community Development Board is available in our Laserfiche repository. If you are interested in commenting in writing on items on the agenda please send an email to agenda@bozeman.net or by visiting the Public Comment Page prior to 12:00pm on the day of the meeting. Public comments will also be accepted in-person and through Video Conference during the appropriate agenda items. As always, the meeting will be streamed through the Commission's video page and available in the City on cable channel 190. For more information please contact Anna Bentley, abentley@bozeman.net 1 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 per topic. 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 Work Session: Development Code Update(Bentley) H.FYI/Discussions H.1 2022 Citizen Advisory Board Ethics Trainings (Chambers) H.2 Community Development 2022-2023 Work Plan, Annual Progress Report (Bentley) H.3 Upcoming Items Expected for January 23, 2023 Community Development Board Meeting(Saunders) I.Adjournment 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). 2 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 9, 2023 AGENDA ITEM TYPE:Minutes RECOMMENDATION:Approve meeting minutes from December 19, 2022. STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:None UNRESOLVED ISSUES:None ALTERNATIVES:Approve with corrections. FISCAL EFFECTS:None Attachments: CD Board Meeting Minutes 12-19-22.pdf Report compiled on: January 4, 2023 3 Bozeman City Commission Meeting Minutes, December 19, 2022 Page 1 of 4 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES December 19, 2022 Present: Gerald Pape, Brady Ernst, Nicole Olmstead, Henry Happel, Padden Guy Murphy, Chris Egnatz Absent: None Excused: Allison Bryan, John Backes, Jennifer Madgic A) 00:02:16 Call to Order - 6:00 pm B) 00:03:01 Disclosures Board member Jerry Pape discloses involvement with Consent Item E.1 C) 00:03:54 Changes to the Agenda D) 00:04:01 Approval of Minutes CD Board Meeting Minutes 12-05-2022.pdf 00:04:50 Motion to amend C) Changes to the Agenda Gerald Pape: Motion Nicole Olmstead: 2nd 00:05:17 Vote on the Motion to amend C) Changes to the Agenda The Motion carried 6 - 0. Approve: Gerald Pape Brady Ernst Nicole Olmstead Henry Happel Padden Guy Murphy Chris Egnatz Disapprove: 4 Bozeman City Commission Meeting Minutes, December 19, 2022 Page 2 of 4 None E) 00:05:30 Consent Items E.1 Design recommendation regarding South University District Block 2 site plan proposal for a total of 162 homes in phase 3 of the South University District Subdivision, NE of the corner of South 19th Avenue and Stucky Rd., Application 22238 22238 DRB Staff Report.pdf 00:06:01 Planner Danielle Garber answers questions from the board 00:09:39 Public Comment for E.1 00:10:30 Motion to approve I move to approve consent item E.1 as submitted. Chris Egnatz: Motion Brady Ernst: 2nd 00:11:02 Vote on the Motion to approve I move to approve consent item E.1 as submitted. The Motion carried 6 - 0. Approve: Gerald Pape Brady Ernst Nicole Olmstead Henry Happel Padden Guy Murphy Chris Egnatz Disapprove: None F) 00:11:24 Public Comments G) 00:12:15 Action Items G.1 The East Main zone map amendment requesting amendment of the City Zoning Map for an existing lot consisting of approximately 1.5 acres and the accompanying adjacent right-of way from B-2 (Community Business District) to B-2M (Community Business District-Mixed). Property addressed at 1200 East Main Street. Application 22184 22184 East Main ZMA CDB SR.pdf 00:13:06 Planner Tom Rogers presents to the board. 00:18:42 Planner Tom Rogers answers questions from the board. 00:21:56 Applicant Tyler Steinway presents to the board. 5 Bozeman City Commission Meeting Minutes, December 19, 2022 Page 3 of 4 00:26:30 Applicant Tyler Steinway answers questions from the board. 00:33:03 Motion to approve Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 22184 and move to recommend approval of the East Main Zone Map Amendment, with contingencies required to complete the application processing. Gerald Pape: Motion Brady Ernst: 2nd 00:41:31 Vote on the Motion to approve Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 22184 and move to recommend approval of the East Main Zone Map Amendment, with contingencies required to complete the application processing. The Motion carried 6 - 0. Approve: Gerald Pape Brady Ernst Nicole Olmstead Henry Happel Padden Guy Murphy Chris Egnatz Disapprove: None G.2 The West Kagy zone map amendment requesting amendment of the City Zoning Map for two existing lots consisting of approximately 2.899 acres and the accompanying adjacent right-of way from R-4 (Residential High Density) to R-5 (Residential Mixed-use High Density). Property is located on the northeast corner of South 19th and West Kagy Boulevard. Application 22249 22249 W Kagy ZMA CDB SR.pdf 00:42:30 Planner Tom Rogers presents to the board 00:49:46 Planner Tom Rogers answers questions from the board 00:54:25 Applicant Jake Stedding presents to the board. 00:59:09 Applicant Jake Stedding answers questions from the board. 6 Bozeman City Commission Meeting Minutes, December 19, 2022 Page 4 of 4 01:11:39 Motion to approve Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 22249 and move to recommend approval of the West Kagy Zone Map Amendment, with contingencies required to complete the application processing. Padden Guy Murphy: Motion Chris Egnatz: 2nd 01:31:54 Vote on the Motion to approve Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 22249 and move to recommend approval of the West Kagy Zone Map Amendment, with contingencies required to complete the application processing. The Motion carried 5 - 1. Approve: Gerald Pape Brady Ernst Nicole Olmstead Henry Happel Padden Guy Murphy Disapprove: Chris Egnatz H) 01:33:04 FYI/Discussions H.1 Upcoming Items Expected for January 9, 2023 Community Development Board Meeting H.2 Montana Planning Board Member's Handbook I) 01:35:12 Adjournment 7 Memorandum REPORT TO:Community Development Board FROM:Danielle Garber, Associate Planner Anna Bentley, Community Development Director SUBJECT: 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 MEETING DATE:January 9, 2023 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION: Recommend approval of the site plan with conditions, application 22026, 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: This review is in front of the Community Development Board in their capacity as the Design Review Board (DRB). The Bozeman Municipal Code (BMC) 38.230.040 sets the thresholds for projects that need the review of the DRB, or Community Development Board, and this project exceeds those thresholds. The DRB was established to provide design recommendations regarding larger proposals to the review authority. Per BMC 2.05.3000 – Established Powers and Duties “The community development board established pursuant to Resolution No. 5330 shall act as the design review board for all purposes under this Code. The design review board (DRB) is established to evaluate aesthetic considerations of larger and more complex proposals which are likely to produce significant community impact and to provide recommendations regarding such proposals to the review authority, subject to the provisions of chapter 38.” 8 Chapter 38, Article 3 provides code provisions regarding those aesthetic considerations. Those include Form and Intensity Standards (38.320), Zone Specific Provisions (38.330), and Overlay District Standards (38.340). Chapter 38, Article 5 also contains 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. The property has been annexed, zoned, and subdivided with previous review by the Planning Board, Zoning Board, and City Commission and approval is in place. Discussion of land use policy, zoning, and community design is irrelevant to this meeting. The purpose of this meeting is the proposed design contained in the applications. A site plan application for 84 apartment homes in phases 2 and 3 of the West Side Flats Master Site Plan (#20224). Homes are to be constructed in six three-story apartment buildings, four 12-unit buildings and two 18-unit buildings. Associated site improvements include trail connections, open space, drive access, walkways, surface parking, utilities, storm retention, and landscaping. The site is a long and skinny 8.77 acre lot between Baxter Creek and Billion Auto on the east side, and Norton Ranch Subdivision on the west side. The site is zoned R-O, residential office district, and the only proposed uses are apartments consistent with the allowable uses in the R-O district. There are currently no remaining corrections from engineering and all community design requirements including transportation facilities and access, grading, drainage, utilities, and easements are found to be adequate with conditions and code provisions. The full application can be viewed at this Laserfiche Links: Application 22026 West Side Flats Phases 2-3 Site Plan Some materials in the submittal relevant to the DRB's duties include: A001 Cover C1.0 Cover C2.0 Site Plan Center C2.1 Site Plan North L101 Overall Landscape Plan 9 L102 Plant Schedule L103 Enlarged Landscape Plan L104 Enlarged Landscape Plan L201 Landscape Details A3 Exterior Elevations 12-Plex A3.1 Exterior Elevations 12-Plex A3 Exterior Elevations 18-Plex A3.1 Exterior Elevations 18-Plex A3.3 Overhead View A3.4 Perspective View UNRESOLVED ISSUES:None ALTERNATIVES:As identified by the Community Development Board FISCAL EFFECTS:Unknown at this time Attachments: 22026 DRB SR.pdf Report compiled on: January 4, 2023 10 Staff Report West Side Flats Phase 2-3 Site Plan Application No. 22026 January 3, 2020 Page 1 of 17 Application No. 22026 Type Site Plan Project Name West Side Flats Phase 2-3 Site Plan Summary A site plan application for 84 apartment homes in phases 2 and 3 of the West Side Flats Master Site Plan (#20224). Homes are to be constructed in six three-story apartment buildings, four 12-unit buildings and two 18-unit buildings. Associated site improvements include trail connections, open space, drive access, walkways, surface parking, utilities, storm retention, and landscaping. Zoning R-O Growth Policy Urban Neighborhood Parcel Size 8.77 Acres Overlay District(s) None Street Address TBD, NE of Water Lily Dr. and Fallon St. Legal Description Lot R-2, J&D Family Major Subdivision Phase 2 SE 1/4, Sec. 9, T. 2 S., R 5 E of P.M.M. City Of Bozeman, Gallatin County Montana Owner J&D Family Limited Partnership, 270 Automotive Avenue, Bozeman, MT 59718 Applicant Same as Owner Representative JDS Architects, 719 W. Mendenhall St., Bozeman, MT 59715 Staff Planner Danielle Garber Engineer Mikaela Schultz Noticing Public Comment Period Site Posted Adjacent Owners Mailed Newspaper Legal Ad 01/06/23 – 01/23/23 01/06/23 01/06/23 N/A Advisory Boards Board Date Recommendation Development Review Committee 12/16/22 Adequate Application Design Review Board 01/09/23 TBD Recommendation The application is sufficient for approval with conditions and code provisions Decision Authority Director of Community Development Date 02/06/23 Full application: https://weblink.bozeman.net/WebLink/Browse.aspx?id=262908&dbid=0&repo=BOZEMAN File of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715 11 Staff Report West Side Flats Phase 2-3 Site Plan Application No. 22026 January 3, 2020 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) to permit 84 three-story apartment homes in phases 2 and 3 of the West Side Flats Master Site Plan. 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 12 Staff Report West Side Flats Phase 2-3 Site Plan Application No. 22026 January 3, 2020 Page 3 of 17 DRAFT CONDITIONS OF APPROVAL 1. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. Phasing as noted on the drawings represents the order of construction for all buildings and portions of the site improvements in two phases numbered two and three. No sub-phasing was proposed to allow occupancy of individual buildings within each phase until the entire phase is complete. All common site improvements required for the functional use of the site including access, parking, open space, bicycle parking, walkways, and stormwater must be installed within each phase prior to occupancy of all buildings in that phase. Landscaping may be financially guaranteed to accommodate construction and seasonality. 3. 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) on City standard record form. Please update this SID draft to also include reference to the intersections of West Babcock and South Laurel Parkway and Fallon Street and South Laurel Parkway. The SID waiver must be provided prior to final site plan approval. DRAFT CODE PROVISIONS 1. BMC 38.410.030 - Water adequacy. Provide proof of payment for cash-in-lieu of water rights prior to final site plan approval. Contact Griffin Nielsen, gnielsen@bozeman.net with any questions or your reviewing engineer for the final total based on estimated annual municipal water demand. 2. BMC 38.420.030 - Cash donation in-lieu of land dedication. Provide proof of payment and approval for CILP from the Parks Department prior to final site plan approval. Current CILP value is $2.30/sf. Update the parkland tracking table with this new value. The cost of the trail related improvements in the wetlands may be netted out of the CILP total. Contact Matthew Lee, mjlee@bozeman.net with any questions. INFORMATION ONLY 1. BMC 38.270.030.D - Exception for concurrent construction. In certain circumstances, the issuance of a building permit may be allowed prior to completion of the public infrastructure, if the criteria listed in this section are met. If not already requested, staff recommends submitting a concurrent construction request prior to preliminary site plan approval with this site plan. If that is submitted, you will be required to provide concurrent construction approval prior to building permit approval. Contact Mikaela Schultz, mschultz@bozeman.net with any questions. 2. No sub-phasing was proposed to allow occupancy of individual buildings within each phase until the entire phase is complete. They applicant may revise this by submitting a sub-phasing plan prior to preliminary site plan approval. 13 Staff Report West Side Flats Phase 2-3 Site Plan Application No. 22026 January 3, 2020 Page 4 of 17 Figure 1: Current Zoning Map 14 Staff Report West Side Flats Phase 2-3 Site Plan Application No. 22026 January 3, 2020 Page 5 of 17 Figure 2: Site Plan & Phasing 15 Staff Report West Side Flats Phase 2-3 Site Plan Application No. 22026 January 3, 2020 Page 6 of 17 Figure 3: Site Plan Center (Phase 2) 16 Staff Report West Side Flats Phase 2-3 Site Plan Application No. 22026 January 3, 2020 Page 7 of 17 Figure 4: Site Plan North (Phase 3) 17 Staff Report West Side Flats Phase 2-3 Site Plan Application No. 22026 January 3, 2020 Page 8 of 17 Figure 5: Landscaping Plan 18 Staff Report West Side Flats Phase 2-3 Site Plan Application No. 22026 January 3, 2020 Page 9 of 17 Figure 6: Exterior Elevations 12-Unit Figure 7: Perspectives 12-Unit Buildings 19 Staff Report West Side Flats Phase 2-3 Site Plan Application No. 22026 January 3, 2020 Page 10 of 17 Figure 8: Exterior Elevations 18-Unit Figure 9: Overhead Perspectives 20 Staff Report West Side Flats Phase 2-3 Site Plan Application No. 22026 January 3, 2020 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 Urban Neighborhood Yes Zoning R-O, Residential Office District Yes Comments: The project conforms to the requirements of the R-O zoning district. The 2020 Community Plan designation of Urban Neighborhood correlates with the R-O zoning district. The proposed project conforms to this designation by providing urban density homes with well-integrated transportation and open space networks that encourage pedestrian activity. The homes meet the standard for multi-unit, higher density, urban development. 2. Conformance with Article 1 - All other applicable laws, ordinances, and regulations (38.100.080) Condominium ownership No Comments: Additional steps will be required including but not limited to review of building permits and infrastructure plans. The Building Division of the Department of Community Development will review the requirements of the International Building Code for compliance at the time of building permit application. 3. Conformance with Article 2, including the cessation of any current violations (38.200.160) Meets Code? Current Violations None Yes Comments: There are no current violations on the 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: 2 Yes Comments: This project is to be completed in 2 phases. Each phase contains a portion of the total site work and three apartment buildings. Phase 2 contains buildings 4-6 and the middle of the site, and Phase 3 contains buildings 7-8 with a drive access connection to Dragonfly Street and the north end of the site. No sub-phasing was proposed for the purposes of occupancy. Any additional use permit (Conditional Use Permit) 38.230.120 or (Special use Permit) 38.230.120 NA Comments: No conditional or special uses are proposed. 5. Conformance with Article 3 - Zoning Provisions (38.300) Meets Code? Permitted uses 38.310 Apartments Yes 21 Staff Report West Side Flats Phase 2-3 Site Plan Application No. 22026 January 3, 2020 Page 12 of 17 Form and intensity standards 38.320 Zoning: R-O Setbacks (feet) Structures Parking / Loading Yes Front 15 NA Rear 20 NA Side 5 NA Alley NA NA Comments: The primary use of a lot, as measured by building area, permitted in the R-O district is determined by the underlying growth policy land use designation. Where the district lies over a residential growth policy designation the primary use shall be non-office uses. Primary use shall be measured by percentage of building floor area. The proposed uses of 100% residential apartments by building floor area is consistent with the underlying growth policy designation of urban neighborhood. The proposed project is meeting setback requirements for the R-O district. No front setbacks exist for structures in phases 2 and 3. The primary block frontage orients towards Fallon Street and was addressed with phase 1. Phases 2 & 3 have two 20-foot rear setbacks along the east and west property lines which are met. The site does include a front property line along West Babcock Street, but no buildings are present, and the 15-foot front setback is met and proposed to be utilized as landscaped open space, and existing stormwater retention. No side setbacks exist. Lot coverage 8% Allowed No Max. Yes Building height 8:12 - 41’ 7 3/8” Allowed <3:12 - 50’ >3:12 - 60’ Yes Comments: Lot coverage and building height form and intensity standards are met with the proposed design. Both the four 12-unit buildings, and the two 18-unit buildings have a max height of just over 41-feet and an 8:12 roof pitch. R-O allows a 60-foot max roof height with a greater than 3:12 roof pitch. Lot coverage is low due to the water course and setback along the property’s eastern boundary, and the fact that phase 1 is not included in the phases 2 and 3 calculation. Applicable zone specific or overlay standards 38.330-40 No Comments: The project is not within an overlay district and R-O does not have any zone specific standards. General land use standards and requirements 38.350 Yes Comments: No setback or height encroachments are proposed. Applicable supplemental use criteria 38.360 Yes Supplemental uses/type NA NA Comments: No supplemental use criteria is triggered with this application. Wireless facilities 38.370 NA Affordable Housing 38.380.010 NA Affordable housing plan NA Comments: No wireless facilities are proposed. No affordable housing requirements are triggered with the proposed uses. 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 NA Level of Service 38.400.060 Yes Transportation grid adequate to serve site Yes 22 Staff Report West Side Flats Phase 2-3 Site Plan Application No. 22026 January 3, 2020 Page 13 of 17 Comments: Adjacent streets exist to serve the site, no additional dedication is needed. Peak-hour trip generation was provided by the Applicant to ensure that the proposed project would not exceed the original assumed trip estimates reviewed with the subdivision. Level of service standards for arterial and collector streets serving the site was evaluated by engineering. The applicant is required to provide a waiver of right to protest a City created SID. The SID financial mechanism maybe used in the future to address transportation capacity related issues as the City continues to grow. Sidewalks 38.400.080 Yes Comments: Sidewalks both within and adjacent to the site along all street frontages are provided in the application. Drive access 38.400.090 Access to site: 2 Yes Fire lanes, curbs, signage and striping Yes Comments: The site accesses are proposed from phase 1, which is accessed from Fallon Street, as well as Dragonfly Street with phase 3. A primary north-south access between phases 1, 2, and 3 will be privately maintained and will be lined with perpendicular parking spaces. Primary east-west and north- south pedestrian corridors through the site will connect the buildings internally and provide frontage to internal units. Street vision triangle 38.400.100 Yes Transportation pathways 38.400.110 Yes Pedestrian access easements for shared use pathways and similar transportation facilities Yes Public transportation 38.400.120 NA Comments: There are two mid-block crossings running east-west through the property that connect to adjacent transportation and recreation pathways. 30-foot trail corridor easements are recorded. 6b. Conformance with Article 4 – Community Design Provisions: Community Design and Elements (38.410) Meets Code? Neighborhood centers 38.410.020 NA Comments: This project does not trigger neighborhood center requirements. Lot and block standards 38.410.030-040 NA Midblock crossing: rights of way for pedestrians alternative block delineation NA Comments: This project does not trigger lot and block standards. The lot is pre-existing and two mid-block crossings connecting to adjacent transportation and recreation pathways are approved to be built. If the development is adjacent to an existing or approved public park or public open space area, have provisions been made in the plan to avoid interfering with public access to and use of that area Yes Provisions for utilities including efficient public services and utilities 38.410.050-060 Yes Easements (City and public utility rights-of-way etc.) Yes Water, sewer, and stormwater Yes Other utilities (electric, natural gas, communications) Yes CIL of water Yes Comments: Requirements were reviewed by engineering and CIL of water rights is required to be paid by the applicant for phases 2 and 3. All services and utilities tie into existing City services. All utility easements are in place. Municipal infrastructure requirements 38.410.070 Yes Comments: Municipal water, sanitary sewer, and storm sewer systems proposed with this project have been reviewed by engineering. Grading & drainage 38.410.080 Yes 23 Staff Report West Side Flats Phase 2-3 Site Plan Application No. 22026 January 3, 2020 Page 14 of 17 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: Location, design and capacity of stormwater facilities was reviewed by engineering. Retention ponds meet landscaping standards in this section. Watercourse setback 38.410.100 NA Watercourse setback planting plan 38.410.100.2.f NA Comments: There is a watercourse on the eastern portion of the property. No structures are located in the watercourse setback. Watercourse plantings meet standards. 6c. Conformance with Article 4 – Community Design Provisions: Park and Recreation Requirements (38.420) Meets Code? Parkland requirements 38.420.020.A Yes Cash donation in lieu (CIL) 38.420.030 Yes Improvements in-lieu Yes Comments: Cash and improvements-in-lieu of parkland was reviewed by the Parks Department. Park Frontage 38.420.060 NA Park development 38.420.080 NA Recreation pathways 38.420.110 Yes Park/Recreational area design NA Comments: Recreation pathways along the watercourse were platted with the J&D Family subdivision in common open space A-1. Proposed improvements to the trails may be netted out from the applicant’s CIL payment requirements. Connections through the site to the existing trails are proposed. The proposed trails are within zone 2 of the watercourse setback and due to the location are proposed to be gravel fines trails. A Concrete trail is proposed to connect the mid-block crossing to an existing pedestrian bridge that was installed over Baxter Creek with the plat. All trails and connections were proposed to be completed with Phase 1. 7a. Conformance with Article 5 – Project Design: Block Frontage Standards (38.510) Meets Code? Block frontage classification Special Residential Yes Departure criteria None Yes Comments: To meet the special residential frontage requirements the application is proposing to utilize option 2a of BMC 38.510.030.J which requires a 10-foot setback between the sidewalk and the face of the residences. These areas are designed as landscaped and meet landscaping standards. 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 NA Non-motorized circulation and design systems to enhance convenience and safety across parking lots and streets, including, but not limited to paving patterns, pathway design, landscaping and lighting 38.420.040 Yes 24 Staff Report West Side Flats Phase 2-3 Site Plan Application No. 22026 January 3, 2020 Page 15 of 17 7d. Conformance with Article 5 – Parking (38.540) Meets Code? Parking requirements 38.540.050 Yes TBD Parking requirements residential 38.540.050.A.1 168 Reductions residential 38.540.050.A.1.b NA Parking requirements nonresidential 38.540.050.A.2 NA Reductions nonresidential 38.540.050.A.2.c NA Provided off-street 161 Provided on-street 0 Bicycle parking 38.540.050.A.4 16 Yes Comments: Parking is proposed to be provided as surface parking in three phases that winds through the center of the site along the access road. Phases 2 and 3 will have access to the 99 parking spaces approved with phase 1. Each stall provided off-street meets the stall, aisle, and driveway design Comments: The buildings are connected to on-site amenities, adjacent trails, and the larger pedestrian pathway system. Proposed pathway widths and crossings meet the standards of this section. Design of vehicular circulation systems to assure that vehicles can move safely and easily both within the site and between properties and activities within the general community 38.420.050 Yes Internal roadway design 38.520.050.D Yes Comments: Trees, lighting and sidewalks are provided on the internal access roadway and will be privately maintained. On-site open space 38.520.060 Total required 12,600 square feet Yes Total provided 14,680 square feet Yes Comments: The 83 two bedrooms units require 12,600 square feet of usable open space. OS 3 in phase 2 is 3,993 square feet. OS 4 in phase 3 is 10,687 square feet. OS 3 is proposed as irrigated turf, landscaping, and a bench. This open space area is adjacent to the trails corridor directly to the east of the project. OS 4 is proposed as a fenced lawn with irrigated turf, workout stations, and is located at the north end of the project along Babcock Street. The open spaces are centrally located within each phase and meet the dimensional, access, and separation requirements for usable shared open spaces. Location and design of service areas and mechanical equipment 38.520.070 Yes Comments: Utility meters are to be screened by landscaping. Solid waste will be collected via a series of solid waste enclosures that meet the requirements of this section. Adequate landscaping is proposed surrounding solid waste enclosures. AC units are wall mounted near each unit’s patio. 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 application meets the massing and articulation standards of this section. The 12 and 18- unit apartment buildings utilize entrances framed by shed roof awnings, use of windows and materials, and deep 6.5-foot roofline modulation to meet massing and articulation standards. Exterior materials are primarily corrugated steel and cement board siding with accents of natural wood cedar. The application meets the building material standards of this section with the correct gauge of metal siding and use of cement board. No blank walls are present. 25 Staff Report West Side Flats Phase 2-3 Site Plan Application No. 22026 January 3, 2020 Page 16 of 17 requirements of Section 38.540.020. Covered bicycle parking is to be provided within the each building’s main entrance. 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 Yes Additional screening Yes Street frontage NA Street median island NA Acceptable landscape materials Yes Protection of landscape areas NA Irrigation: plan, water source, system type Yes Residential adjacency Yes Comments: The provided landscaping plan conforms to standards. Additional plantings will also be provided in the Baxter Creek watercourse area. Landscaping of public lands 38.550.070 NA Comments: No Street frontages or parks are proposed with phases 2 & 3. 7f. Conformance with Article 5 – Signs (38.560) Meets Code? Allowed SF/building 38.560.060 NA NA Proposed SF/building NA NA Comments: No signage is proposed with this application or required for residential uses. Signs permits must first be obtained prior to the installation of any residential identification signs. 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: Proposed lighting products include building mounted wall packs, architectural pendant lighting, internal roadway lighting, and freestanding site lighting. All proposed lighting meets the cutoff and intensity requirements of this section. 8. Conformance with Article 6 – Natural Resource Protection Meets Code? Floodplain regulations 38.600 NA Wetland regulations 38.610 Yes Comments: Wetlands and their associated boundaries were evaluated with the J&D Family Subdivision Phase 1 plat and the master site plan. The wetlands are associated with a watercourse and appropriate setbacks are provided. No regulated activities within wetlands are proposed with the application. No floodplain review was required by engineering. 9. Relevant Comment from Affected Parties (38.220) Meets Code? Public Comment Yes Comments: A public notice period has been conducted according to the dates on the first page of this report. No public comment has been received as of the writing of this report. Public comments will be evaluated and placed in the project file for the review authority. 26 Staff Report West Side Flats Phase 2-3 Site Plan Application No. 22026 January 3, 2020 Page 17 of 17 10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code? Subdivision exemptions NA Required easements Yes Comments: No lot line adjustments are triggered by this application. Required easements are provided. 27 Memorandum REPORT TO:Community Development Board FROM:Chris Saunders, Community Development Manager Anna Bentley, Community Development Director SUBJECT:Work Session: Development Code Update MEETING DATE:January 9, 2023 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Receive information, provide input. 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: On December 21, 2021, the City Commission adopted Resolution 5368 establishing priorities for the next two years. These City Commission priorities include adopting changes to the Unified Development Code to facilitate increased housing density, housing affordability, climate action plan objectives, sustainable building practices, and a transparent, predictable and understandable development review process. The Unified Development Codes is the compilation of land development regulations for development and redevelopment of property. The UDC revision process (the UDC Project) focuses on implementing policy recommendations found in recently adopted plans including Bozeman Community Plan 2020, Climate Action Plan, Community Housing Action Plan, and the in-progress Parks, Recreation, and Active Transportation. The UDC project is focused on specific improvements, with direction to be completed by December 2023. Objectives for the UDC revision project are: Implementation of growth policy, climate action plan, housing action plan, and other adopted city plans. Improving readability and usability of the code for infrequent users while maintaining legal soundness. Update and revisions to zoning district descriptions and options consistent with the growth policy. Improve graphics. 28 To achieve this City Commission priority, the City has contracted with a consultant team. Following a national search and competitive selection process, Code Studio was selected. The Code Studio team brings decades of technical and practical experience to the project. The adoption of an updated growth policy and related plans established the policy direction for amendments to be implemented with these code updates. The UDC project allows the City to put the tools in place to take action on adopted policy; the project is not intended to create new policy or change the policy direction already established in adopted plans. Code provisions related to subdivisions were updated in fall 2021 to conform to state law changes and are not expected to materially change with this code update. Two separate projects are underway to address water conservation and sensitive lands. Those projects are not part of the UDC revision project. Translating from the general policy oriented language of the growth policy to regulatory language in the UDC requires interpretation and choices between alternatives. The City Commission is providing such direction during work sessions during the development of the revised draft. The schedule for City Commission work sessions is below. Links to the video of the meeting and agenda packet information are provided for each date. Tuesday, September 13th – Organization and Page Layout (completed) Tuesday, October 18th – Zoning Districts (completed) Tuesday, November 15th – Sustainability (completed) Tuesday, February 14th – Commercial Zoning Tuesday, February 28th – Parking Tuesday, March 21th – Transportation At each work session the City Commission considers some key questions proposed for discussion and provides general direction. Full details are not discussed at this time. After code alternatives are narrowed, the consultants and staff work to develop more refined proposals for public consideration before final drafting. A report back to the public on each work session occurs through the City's project website at engage.bozeman.net/UDC. The City also provides periodic Code Connect sessions where the consultants report on direction and can receive and answer questions. The Code Connect meetings are recorded and also available through engage.bozeman.net/UDC. Future Code Connect webinars are scheduled for: - February 2, 2023 29 Code Studio will join the January 9 th Community Development Board meeting virtually to provide an update on community outreach completed, touch on formatting and organization direction provided by the City Commission, and take a deeper dive into residential districts – discussing Commission direction and proposed metrics. UNRESOLVED ISSUES:None, no decision is required at this time. ALTERNATIVES:None, no decision is required at this time. FISCAL EFFECTS:None. Report compiled on: January 3, 2023 30 Memorandum REPORT TO:Community Development Board FROM:Taylor Chambers, Deputy City Clerk Mike Maas, City Clerk Jeff Mihelich, City Manager SUBJECT:2022 Citizen Advisory Board Ethics Trainings MEETING DATE:January 9, 2023 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Listen to and participate in the 2023 advisory board ethics training. STRATEGIC PLAN:7.1 Values-Driven Culture: Promote a values-driven organizational culture that reinforces ethical behavior, exercises transparency and maintains the communityâ€™s trust. BACKGROUND:The City Charter was approved by the citizens in 2006 and became effective in 2008. According to Charter requirements, the City is required to establish standards and guidelines for conduct and provide annual trainings for all representatives of the City to avoid the use of their public position for private benefit. UNRESOLVED ISSUES:None ALTERNATIVES:None FISCAL EFFECTS:None Report compiled on: December 8, 2022 31 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 9, 2023 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Receive information, provide comment, if any. 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 is requesting a brief annual progress statement be provided. Staff has been asked to use the format established in the approved Work Plans. The Board is asked to receive the draft 2022-2023 Work Plan Annual Progress Report, and provide any comment to staff. The draft is attached to this agenda item. Staff will then revise and provide the Annual Progress Report to the City Clerk's office for their acceptance. UNRESOLVED ISSUES:None. ALTERNATIVES:The Board may ask for clarification, or request edits to proposed draft language. FISCAL EFFECTS:None. Attachments: Advisory Board 2022 Work Plan_Annual Progress Report Jan 2023.pdf Report compiled on: January 3, 2023 32 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 COMMUNITY DEVELOPMENT BOARD WORK PLAN 2022-23 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. 33 WP Item Description Strategic Priorities Connection Board Time Commitment Staff Time Commitment Schedule Status 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 will receive an update on the Growth Policy Hub Site in February 2023. January 2023 Update: Board reviewed the CIP in 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 4: Training 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. January 2023 Update: Board received the Annual Report on August 15, 2022. 34 Memorandum REPORT TO:Community Development Board FROM:Chris Saunders, Community Development Manager Anna Bentley, Community Development Director SUBJECT:Upcoming Items Expected for January 23, 2023 Community Development Board Meeting MEETING DATE:January 9, 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 January 23, 2023, Community Development Board meeting. 1. Innovation Campus Growth Policy Amendment, Application 22282, considered in capacity as Planning Board. 2. 1603 Bridger Drive Zone Map Amendment, Application 22247, considered in capacity as Zoning Commission. 3. NWX Subdivision Phase 2 Preliminary Plat, Application 22129, considered in capacity as Planning Board. Two items will also be on the consent agenda for consideration in the capacity of Design Review Board: Wallace Works CCOA/SP, Application 22156; and, West Babcock Apts. CCOA, Demo and SP, Application 22066. UNRESOLVED ISSUES:None. ALTERNATIVES:None. FISCAL EFFECTS:None. Report compiled on: December 21, 2022 35