Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
05-02-23 City Commission Meeting Agenda & Packet Materials
A.Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B.Pledge of Allegiance and a Moment of Silence C.Changes to the Agenda D.Public Service Announcements D.1 Citizen Advisory Boards currently have a number of positions open.(Maas) E.FYI F.Commission Disclosures G.Consent G.1 Accounts Payable Claims Review and Approval (Waters) G.2 Approval of depository bonds and pledged securities as of March 31, 2023.(Clark) THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, May 2, 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: 2555 137 5998 If you are interested in commenting in writing on items on the agenda please send an email to agenda@bozeman.net prior to 12:00pm on the day of the meeting. Public comments will be accepted in-person during the appropriate agenda items. You may also comment by visiting the Commission's comment page. You can also comment by joining the Webex meeting. If you do join the Webex meeting, we ask you please be patient in helping us work through this hybrid meeting. As always, the meeting will be streamed through the Commission's video page and available in the City on cable channel 190. 1 G.3 Approve and Authorize the Mayor to sign the Findings of Fact and Order for the Denial of the Shady Glen Preliminary Planned Unit Development, Application 22293 (Quasi- Judicial)(Hyde) G.4 Approve and Authorize the Mayor to Sign the Findings of Fact and Order on Behalf of the City Commission, Denying the Shady Glen Major Subdivision Preliminary Plat, Application 22294 (Quasi-Judicial)(Hyde) G.5 Notice of Award and Purchase Agreement for Four (4) Current Model Tandem Axle Dump Trucks With Plows and Sanders(Van DeLinder) G.6 Notice of Award and Purchase Agreement for Portable Vehicle Barrier System consisting of Four (4), Eight (8) Barrier Trailer Kits(Swanson) G.7 Approval for the 5th and Main Residences Site Plan and Commercial Certificate of Appropriateness Application with One Deviation Request to Allow for the Building to Encroach into the Alley Setback, Application 22321 (Quasi-Judicial)(Krueger) G.8 Authorize the City Manager to Sign a Professional Services Agreement and Proposal with Pace Scheduler to Provide the Police Department with a Cloud Based Scheduling Solution(Swanson) G.9 Authorize the City Manager to Sign an Professional Services Agreement with TischlerBise for Update to Impact Fee Service Area Reports and Impact Fee Schedule(Saunders) G.10 Authorize the City Manager to Sign First Amendment to Professional Landscape Architecture Services Agreement with Field Studio Landscape Architects, PLLC for Story Mill Community Park Splash Pad Construction Administration(Jadin) G.11 Authorize the City Manager to sign Professional Services Agreement Amendment Number 1 for the Engineering Design Standards Update Phase 2 with Morrison Maierle(Kohtz) G.12 Authorize the City Manager to Sign Amendment 5 to the Professional Services Agreement with Sanderson Stewart to Provide Additional Construction Administration and Engineering Services for the Griffin Drive and Manley Road Street and Stormwater Improvement Project(Lonsdale) G.13 Authorize the City Manager to Sign Task Order 2023TETC-001 with Sanderson Stewart for the Oak Street Intersection Analysis Project(Lonsdale) G.14 Authorize the City Manager to Sign Task Order 2023TETC-003 with Sanderson Stewart for On Call Electrical Design Services(Lonsdale) G.15 Authorize the City Manager to Sign Task Order 2023TETC-004 with Sanderson Stewart for Speed Studies(Lonsdale) G.16 Ordinance 2134 Final Adoption, Amending Chapter 18, Article 5 (Fireworks) of the Bozeman Municipal Code, Prohibiting the Sale and Discharge of Fireworks within the City Limits of Bozeman without a Permit and Prohibiting the Discharge of Fireworks in County Enclaves 2 Wholly Surrounded by the City Limits of Bozeman without a Permit(Waldo) H.Public Comment This is the time to comment on any matter falling within the scope of the Bozeman City Commission. There will also be time in conjunction with each agenda item for public comment relating to that item but you may only speak once per topic. Please note, the City Commission cannot take action on any item which does not appear on the agenda. All persons addressing the City Commission shall speak in a civil and courteous manner and members of the audience shall be respectful of others. Please state your name and address in an audible tone of voice for the record and limit your comments to three minutes. Written comments can be located in the Public Comment Repository. I.Action Items I.1 Gran Cielo II Annexation Requesting Annexation of 81.468 Acres and Amendment of the City Zoning Map for the Establishment of a Zoning Designation of R-4 (Residential High Density District), Application 22090( Rogers) J.Appointments J.1 Appointment to the Police Commission(Maas) K.FYI / Discussion L.Adjournment City Commission meetings are open to all members of the public. If you have a disability that requires assistance, please contact our ADA Coordinator, Mike Gray, at 582-3232 (TDD 582-2301). Commission meetings are televised live on cable channel 190 and streamed live at www.bozeman.net. In order for the City Commission to receive all relevant public comment in time for this City Commission meeting, please submit via www.bozeman.net or by emailing agenda@bozeman.net no later than 12:00 PM on the day of the meeting. Public comment may be made in person at the meeting as well. 3 Memorandum REPORT TO:City Commission FROM:Mike Maas, City Clerk SUBJECT:Citizen Advisory Boards currently have a number of positions open. MEETING DATE:May 2, 2023 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Announce Advisory Board openings. STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders. BACKGROUND:Public Notice of Vacancies for the Bozeman City Advisory Boards and Invitation to Submit Application The application can be found at www.bozeman.net/boards. UNRESOLVED ISSUES:None ALTERNATIVES:None FISCAL EFFECTS:N/A Report compiled on: April 27, 2023 4 Memorandum REPORT TO:City Commission FROM:Nadine Waters, Accounts Payable Clerk Nicole Armstrong, Accounts Payable Clerk Levi Stewart, Assistant City Controller Aaron Funk, City Controller Melissa Hodnett, Finance Director SUBJECT:Accounts Payable Claims Review and Approval MEETING DATE:May 2, 2023 AGENDA ITEM TYPE:Finance RECOMMENDATION:The City Commission is recommended to make a motion and approve payment of claims as presented. STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND:Montana Code Annotated, Section 7-6-4301 requires claims to be presented to the City Commission within one year of the date the claims accrued. Claims presented to the City Commission under this item have been reviewed and validated by the Finance Department. The Department has ensured that all goods and services have been received along with necessary authorizations and supporting documentation. UNRESOLVED ISSUES:None ALTERNATIVES:The City Commission could decide not to approve these claims or a portion of the claims presented. This alternative is not recommended as it may result in unbudgeted late fees assessed against the City. FISCAL EFFECTS:The total amount of the claims to be paid is presented at the bottom of the Expenditure Approval List posted on the City’s website at https://www.bozeman.net/departments/finance/purchasing. Report compiled on: April 27, 2023 5 Memorandum REPORT TO:City Commission FROM:Clark SUBJECT:Approval of depository bonds and pledged securities as of March 31, 2023. MEETING DATE:May 2, 2023 AGENDA ITEM TYPE:Finance RECOMMENDATION:Approve the depository bonds and pledged securities as of March 31, 2023. STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND: 17-6-102. Insurance on deposits. (1) Deposits in excess of the amount insured by the federal deposit insurance corporation or the national credit union administration may not be made unless the bank, building and loan association, savings and loan association, or credit union first delivers to the state treasurer or deposits in trust with some solvent bank, as security therefore, bonds or other obligations of the kinds listed in 17-6-103, having a market value equal to at least 50% of the amount of the deposits in excess of the amount insured. The board of investments may require security of a greater value. When negotiable securities are placed in trust, the trustee's receipt may be accepted instead of the actual securities if the receipt is in favor of the state treasurer, successors in office, and the state of Montana and the form of receipt and the trustee have been approved by the board of investments. (2) Any bank, building and loan association, savings and loan association, or credit union pledging securities as provided in this section may at any time substitute securities for any part of the securities pledged. The substituted collateral must conform to 17-6-103 and have a market value at least sufficient for compliance with subsection (1). If the substituted securities are held in trust, the trustee shall, on the same day the substitution is made, forward by registered or certified mail to the state treasurer and to the depository financial institution a receipt specifically describing and identifying both the securities substituted and those released and returned to the depository financial institution. Section 7-6-207 (2), MCA, requires the City Commission to approve pledged 6 securities at least quarterly. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission FISCAL EFFECTS:The city is sufficiently pledged. Attachments: Depository Bonds & Securities 0323.pdf Report compiled on: April 12, 2023 7 DEPOSITORY BONDS AND SECURITIES AS OF March 31, 2023 MATURITY CUSIP NO/LOC NO. TOTAL AMOUNT US BANK All Accounts Federal Deposit Insurance Corporation-Operating Accts $ 250,000.00 LOC-FHLB Cincinnati 03/03/2023 569927 $ 2,000,000.00 LOC-FHLB Cincinnati 12/14/2022 569228 $ 18,000,000.00 TOTAL – US Bank $ 20,250,000.00 This is to certify that we, the Commission of the City of Bozeman, in compliance with the provisions of Section 7-6- 207, M.C.A., have this day certified the receipts of US Bank, for the Depository Bonds held by the Director of Finance as security, for the deposit for the City of Bozeman funds as of March 31, 2023, by the banks of Bozeman and approve and accept the same. _____________________________________________ CYNTHIA L. ANDRUS, Mayor _______________________________________ _______________________________________ TERRY CUNNINGHAM, Deputy Mayor I-HO POMEROY, Commissioner _______________________________________ _______________________________________ CHRISTOPHER COBURN, Commissioner JENNIFER MADGIC, Commissioner 8 PLEDGED SECURITIES AND CASH IN BANK As of March 31, 2023 US BANK Total Cash on Deposit $2,756,916.30 FDIC Coverage $250,000.00 Amount Remaining $2,506,916.30 Pledges Required 104% $2,607,192.95 Actual Pledges $20,000,000.00 Over (Under) Pledged $17,392,807.05 REFERENCE: Section 7-6-207, M.C.A. 9 Memorandum REPORT TO:City Commission FROM:Lynn Hyde, Planner Brian Krueger, Development Review Manager Erin George, Deputy Director of Community Development Anna Bentley, Director of Community Development SUBJECT:Approve and Authorize the Mayor to sign the Findings of Fact and Order for the Denial of the Shady Glen Preliminary Planned Unit Development, Application 22293 (Quasi-Judicial) MEETING DATE:May 2, 2023 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION:Approve and Authorize the Mayor to sign the Findings of Fact and Order on behalf of the City Commission, Denying the Shady Glen Preliminary Planned Unit Development, Application 22293 (Quasi-Judicial) STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND: The Department of Community Development received a preliminary planned unit development (PUDP) Application on September 2, 2022 concurrently with a major subdivision preliminary plat application, requesting to develop 11.87 acres into 16 residential lots, two of which are proposed to be deed restricted affordable housing units, and 5 common open space lots. Common Open Space Lot 3 is a 7.129 acre lot proposed to be set aside as a wildlife refuge. The parcel is zoned R-1, Residential Low Density District. The PUDP proposal requests 6 relaxations from development standards which are listed below. The application is required to meet all other requirements that are not included in a relaxation request. Below are brief summaries of the relaxation requests which are discussed in further detail in this report. 1. BMC 38.310.030.A – A relaxation to allow townhouses as a permitted use within the R-1 zoning district in order to provide two deed- restricted affordable housing units. 10 2. BMC 38.400.010.A.8 – A relaxation for the design of a dual (combined) use access for pedestrians and emergency or other authorized vehicles. 3. BMC 38.400.050.A. – A relaxation from specific right-of-way and local street design standards, for Shady Glen Lane. 4. BMC 38.410.040.D – A relaxation from right-of-way and design standards for a pedestrian access doubling as an emergency vehicle access. 5. BMC 38.410.100.A.2.c.4. – A relaxation from watercourse setback and wetland buffer requirements. This relaxation request is to reduce the 50-foot setback to 35-feet. This reduction affects 9 of the proposed 16 residential lots. 6. BMC 38.410.100.A.2.d – A relaxation to allow placement of fill material, for non-exempt uses, within the East Gallatin River’s 100- year floodplain. This allowance for fill in the 100-year floodplain affects 7 of the proposed 16 residential lots and 1 open space lot. A PUD is a discretionary approval and the review authority must find that the overall development is superior to that offered by the basic existing zoning standards as required in BMC 38.430.030.A.4. The intent of a PUD is to promote maximum flexibility and innovation in development proposals within the City. The applicants can request relaxations from the code in exchange for a higher quality of design. The obligation to show a superior outcome is the responsibility of the applicant. The applicant asserts that the overall outcome of the proposal is superior to what would be obtained from the application of the default R-1 zoning district. Note that the PUD criteria found in BMC 38.430 has since been replaced by a new planned development zone district (PDZ) criteria. This application now qualifies under the current UDC provisions for a “Legacy planned unit development”, pursuant to Section 38.440.010.A because the application was deemed “adequate for further review” on October 27, 2022, prior to the City’s October 27, 2022 replacement of UDC PUD standards with new Planned Development Zone (PDZ) District. The new PDZ regulations established new procedures for review of older PUDs and PUD applications, now deemed “legacy” PUDs. This application is being reviewed and evaluated by the previous PUD review criteria as well as by relevant process and review criteria for “legacy” PUDs. Should this Preliminary PUD be approved by the City Commission, it would be deemed a Legacy Preliminary PUD and a Legacy Final PUD would follow the procedures and standards of UDC 38.440.020, Legacy Final Plan Review and Approval. Individual lot development proposals, such as a site plan, would be measured by the approved Legacy Final PUD and relevant R-1 District and UDC standards in effect at the time of such an application. Any amendment to an approved Legacy Final PUD must meet the standards for “minor amendments” 11 pursuant to UDC 38.440.030. Changes greater than minor amendments must be processed as a new Planned Development Zone (PDZ) application subject to UDC 38.430 standards. A copy of the applicable code is included in the project development folder and title, Bozeman Municipal Code Jan 3, 2022 Reference Copy – Chapter 38. The Development Review Committee (DRC) has reviewed the application. Based on its evaluation of the application against the criteria, the DRC found the application sufficient for continued review on October 27, 2022. The application is complete for design review purposes. The Community Development (CD) Board, acting in their capacity as the Design Review Board (DRB) reviewed the application on March 6, 2023. The DRB is the design review advisory board to the City Commission on this application. The CD Board motion to recommend approval with recommended conditions passed, 4-3. The City Commission held a public hearing on the application on March 21, 2023. After the City Commission reviewed and considered the application materials, staff report, advisory review board recommendations, public comment, and all the information presented the motion to approve failed on a vote of 0-5. The City Commission made individual findings supporting the decision and a summary of the findings for this project can be found in the staff report, specifically Section 7 – Findings of Fact, Order and Appeal Provisions. The City Commission’s alternative findings can also be found in Section 6 – Staff Analysis and Findings, which identifies the relaxations the City Commission did not support. Without the relaxations, the application fails to comply with regulations applicable to the project. These PUD findings of fact are meant to be incorporated into and supplement the preliminary plat application 22294 findings of fact because the preliminary plat is inextricably linked to and depend upon approval of the PUD application. UNRESOLVED ISSUES:No unresolved issues. ALTERNATIVES:Approval of the Findings of Fact and Order as drafted; Approval of the Findings of Fact and Order with modifications; As determined by the City Commission. FISCAL EFFECTS:Fiscal impacts are undetermined at this time. 12 Attachments: Findings of Fact and Order for Shady Glen PUDP 22293.pdf Report compiled on: April 20, 2023 13 Page 1 of 45 22293 City Commission Findings of Fact for the Shady Glen Preliminary Planned Unit Development (PUDP) Public Meeting/Hearing Dates: Community Development Board met (acting in their capacity as the Design Review Board (DRB)) - Monday, March 6, 2023 at 6:00 pm. City Commission meeting met Tuesday, March 21, 2023 at 6:00 pm Project Description: A preliminary planned unit development (PUDP) to request relaxations required for major subdivision application requesting to subdivide 11.87 acres into 16 residential lots (two of which are proposed to be deed restricted affordable housing lots) and 5 common open space lots (one of which is proposed to be a 7.129 acre wildlife refuge). There are 6 relaxations being requested with this PUDP. Anywhere a relaxation is not being requested, the application is required to meet the Bozeman Municipal Code (BMC). This PUDP is being reviewed concurrently with the Shady Glen preliminary plat (PP) application, Application 22294. Project Location: The property is legally described as Bridger Creek Subdivision, Tract 1-A, Plat J-200K, COS 885, Amended Plat of Lot 57A of the Amended Plat Lots 56, 57 & 58A of Bridger Creek Subdivisions Phase 1, Section 31, Township 1 South, Range 6 East, P.M.M., City of Bozeman, Gallatin County, Montana. Staff Recommendation: The application conforms to standards and is sufficient for approval with conditions and code provisions with the approval of requested relaxations. 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 22293 and move to approve the Shady Glen PUDP, with contingencies required to complete the application processing. Report Date: April 7, 2023 Staff Contact: Lynn Hyde, Development Review Planner Lance Lehigh, Project Engineer Agenda Item Type: Action (Quasi-judicial) EXECUTIVE SUMMARY The City Commission voted unanimously against the motion to approve application 22293, therefore denying the application. The application materials are available in the City’s Laserfiche archive and may be accessed through the Community Development viewer as well. 14 City Commission Findings of Fact and Order for Shady Glen Preliminary Planned Unit Development, 22293 Page 2 of 45 Ninety seven written public comments have been received as of the writing of these findings. The public comment can be found in the City’s Laserfiche archive and available to the public. Unresolved Issues. There are no unresolved issues with this application other than the 7 staff-recommended conditions of approval noted in Section 3 below found on page 14. Project Summary The Department of Community Development received a preliminary planned unit development (PUDP) Application on September 2, 2022 concurrently with a major subdivision preliminary plat application, requesting to develop 11.87 acres into 16 residential lots, two of which are proposed to be deed restricted affordable housing units, and 5 common open space lots. Common Open Space Lot 3 is a 7.129 acre lot proposed to be set aside as a wildlife refuge. The parcel is zoned R-1, Residential Low Density District. The PUDP proposal requests 6 relaxations from development standards which are listed below. The application is required to meet all other requirements that are not included in a relaxation request. Below are brief summaries of the relaxation requests which are discussed in further detail in this report. 1. BMC 38.310.030.A – A relaxation to allow townhouses as a permitted use within the R-1 zoning district in order to provide two deed-restricted affordable housing units. 2. BMC 38.400.010.A.8 – A relaxation for the design of a dual (combined) use access for pedestrians and emergency or other authorized vehicles. 3. BMC 38.400.050.A. – A relaxation from specific right-of-way and local street design standards, for Shady Glen Lane. 4. BMC 38.410.040.D – A relaxation from right-of-way and design standards for a pedestrian access doubling as an emergency vehicle access. 5. BMC 38.410.100.A.2.c.4. – A relaxation from watercourse setback and wetland buffer requirements. This relaxation request is to reduce the 50-foot setback to 35-feet. This reduction affects 9 of the proposed 16 residential lots. 6. BMC 38.410.100.A.2.d – A relaxation to allow placement of fill material, for non-exempt uses, within the East Gallatin River’s 100-year floodplain. This allowance for fill in the 100-year floodplain affects 7 of the proposed 16 residential lots and 1 open space lot. A PUD is a discretionary approval and the review authority must find that the overall development is superior to that offered by the basic existing zoning standards as required in BMC 38.430.030.A.4. The intent of a PUD is to promote maximum flexibility and innovation in development proposals within the City. The applicants can request relaxations from the code in exchange for a higher quality of design. The obligation to show a superior outcome for the community is the responsibility of the applicant. The applicant asserts that the overall community outcome of the proposal is superior to what would be obtained from the application of the default R-1 zoning district. 15 City Commission Findings of Fact and Order for Shady Glen Preliminary Planned Unit Development, 22293 Page 3 of 45 Note that the PUD criteria found in BMC 38.430 have since been replaced by a new planned development zone district (PDZ) criteria. This application now qualifies under the current UDC provisions for a “Legacy planned unit development”, pursuant to Section 38.440.010.A because the application was deemed “adequate for further review” on October 27, 2022, prior to the City’s October 27, 2022 replacement of UDC PUD standards with new Planned Development Zone (PDZ) District. The new PDZ regulations established new procedures for review of older PUDs and PUD applications, now deemed “legacy” PUDs. This application is being reviewed and evaluated by the previous PUD review criteria as well as by relevant process and review criteria for “legacy” PUDs. Should this Preliminary PUD be approved by the City Commission, it would be deemed a Legacy Preliminary PUD and a Legacy Final PUD would follow the procedures and standards of UDC 38.440.020, Legacy Final Plan Review and Approval. Individual lot development proposals, such as a site plan, would be measured by the approved Legacy Final PUD and relevant R-1 District and UDC standards in effect at the time of such an application. Any amendment to an approved Legacy Final PUD must meet the standards for “minor amendments” pursuant to UDC 38.440.030. Changes greater than minor amendments must be processed as a new Planned Development Zone (PDZ) application subject to UDC 38.430 standards. A copy of the applicable code is included in the project development folder and titled, Bozeman Municipal Code Jan 3, 2022 Reference Copy – Chapter 38, and linked in the appendices. The Development Review Committee (DRC) has reviewed the application. Based on its evaluation of the application against the criteria, the DRC found the application sufficient for continued review on October 27, 2022. The application is complete for design review purposes. The Community Development (CD) Board, acting in their capacity as the Design Review Board (DRB) reviewed the application on March 6, 2023. The DRB is the design review advisory board to the City Commission on this application. The CD Board motion to recommend approval with recommended conditions passed, 4-3. The link to view the full CD Board meeting is provided. The City Commission held a public hearing on the application on March 21, 2023. After the City Commission reviewed and considered the application materials, staff report, advisory review board recommendations, public comment, and all the information presented, the motion to approve failed on a vote of 0-5. The City Commission made individual findings supporting the decision and a summary of the findings for this project can be found below in this report, specifically Section 7 – Findings of Fact, Order and Appeal Provisions. The City Commission’s alternative findings can also be found in Section 6 – Staff Analysis and Findings, which identifies the relaxations the City Commission did not support. Without the relaxations, the application fails to comply with regulations applicable to the project. These PUD findings of fact are meant to be incorporated into and supplement the preliminary plat application 22294 findings of fact because the preliminary plat is inextricably linked to and depends upon approval of the PUD application. The link to view the full City Commission meeting is provided. 16 City Commission Findings of Fact and Order for Shady Glen Preliminary Planned Unit Development, 22293 Page 4 of 45 TABLE OF CONTENTS EXECUTIVE SUMMARY ............................................................................................................ 1 Unresolved Issues. .............................................................................................................. 2 Project Summary ................................................................................................................. 2 SECTION 1 – MAP SERIES .......................................................................................................... 5 SECTION 2 – REQUESTED RELAXATIONS .......................................................................... 14 SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL .......................................... 14 SECTION 4 – CODE REQUIREMENTS .................................................................................... 16 SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS ............................................ 18 SECTION 6 – STAFF ANALYSIS AND FINDINGS ................................................................ 19 Applicable Planned Unit Development Review Criteria, Section 38.230.100.A, ............ 19 Conditional Use Permit Review Criteria, Section 38.230.110 ......................................... 30 Planned Unit Development Design Review Criteria, Section 38.430.090.E .................... 32 SECTION 7 – FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 38 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 41 APPENDIX B – DETAILED PROJECT DESCRIPTION .......................................................... 44 APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 44 APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................. 45 FISCAL EFFECTS ....................................................................................................................... 45 ATTACHMENTS ......................................................................................................................... 45 17 City Commission Findings of Fact and Order for Shady Glen Preliminary Planned Unit Development, 22293 Page 5 of 45 SECTION 1 – MAP SERIES Exhibit 1 – Zoning 18 Page 6 of 45 Exhibit 2 – Community Plan 2020 Future Land Use 19 Page 7 of 45 Exhibit 3 – Current Land Use 20 City Commission Findings of Fact and Order for Shady Glen Preliminary Planned Unit Development, 22293 Page 8 of 45 21 City Commission Findings of Fact and Order for Shady Glen Preliminary Planned Unit Development, 22293 Page 9 of 45 Exhibit 4 – Preliminary Plat Exhibit 5 – Landscaping Plan 22 City Commission Findings of Fact and Order for Shady Glen Preliminary Planned Unit Development, 22293 Page 10 of 45 23 City Commission Findings of Fact and Order for Shady Glen Preliminary Planned Unit Development, 22293 Page 11 of 45 Exhibit 6 – Wetland Delineation Map 24 City Commission Findings of Fact and Order for Shady Glen Preliminary Planned Unit Development, 22293 Page 12 of 45 Exhibit 7 – Watercourse setback and wetland impacts Exhibit 8 – Shady Glen ‘Green Plan’ & Wildlife Refuge 25 City Commission Findings of Fact and Order for Shady Glen Preliminary Planned Unit Development, 22293 Page 13 of 45 Exhibit 9 – Multi-modal network 26 Page 14 of 45 SECTION 2 – REQUESTED RELAXATIONS The applicant requested 6 relaxations with the preliminary planned unit development (PUDP) application. 1. BMC 38.310.030.A – A relaxation to allow townhouses as a permitted use in the R-1 zoning district in order to provide two affordable housing units. 2. BMC 38.400.010.A.8 – A relaxation for the design of a dual (combined) use access for pedestrians and emergency or other authorized vehicles. 3. BMC 38.400.050.A. – A relaxation from specific right-of-way and local street design standards, for Shady Glen Lane. 4. BMC 38.410.040.D – A relaxation from right-of-way and design standards for a pedestrian access doubling as an emergency vehicle access. 5. BMC 38.410.100.A.2.c.4. – A relaxation from watercourse setback and wetland buffer requirements. This relaxation request is to reduce the 50-foot setback to 35-feet. This reduction affects 9 of the proposed 16 residential lots. 6. BMC 38.410.100.A.2.d – A relaxation to allow placement of fill material, for non-exempt uses, within the East Gallatin River’s 100-year floodplain. The applicant proposed to place fill within the shallow floodplain fringe on 7 of the proposed 16 residential lots.. The requested relaxations may be granted with a Planned Unit Development (PUD). The criteria for granting PUD relaxations found in BMC 38.430.030.A.4.c (This project began review and received adequacy prior to the effective date of the new PDZ. Compliance with the previous PUD code sections is the basis for the review and decision. A copy of the applicable code is included in the project development folder and title, Bozeman Municipal Code Jan 3, 2022 Reference Copy – Chapter 38.). Staff has reviewed the criteria and finds the relaxations meet justification for approval. Anywhere a relaxation is not requested, the application has been found in compliance with the Bozeman Municipal Code. The City Commission determined that the application is not consistent with the review criteria, specifically the requirement that the PUD is superior community product to that offered by the basic existing zoning standards, and, acting in their capacity as the review authority, denied the project. The City Commissions findings are discussed below where they found the application did not meet the criteria and determined the proposed plan could be detrimental to the health, safety and welfare of the community, both existing and proposed. 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: 27 City Commission Findings of Fact and Order for Shady Glen Preliminary Planned Unit Development, 22293 Page 15 of 45 1. The approved affordable housing plan must be recorded concurrent with the final plat and a reference to the recorded document must be provided on the conditions of approval page of the final plat. The reference on the conditions of approval sheet must be, “This subdivision is subject to affordable housing requirements to satisfy planned unit development requirements voluntarily opted into by the subdivider. The subdivision’s requirements and obligations can be found in the Shady Glen Affordable Housing Plan recorded as document no.__________ at the Gallatin County Clerk and Recorders Office.” This condition is satisfied with the recording of the final plat mylars and the affordable housing plan for the subdivision. The Clerk and Recorder should write in the document number for the recorded affordable housing plan on the conditions of approval sheet prior to the filming/scanning of the final plat. 2. The subdivider must install perpetual wetland boundary markers on the watercourse setback line on Lots 8, 9 & 10 prior to final plat approval. The wetland boundary markers proposed must be approved by the Community Development Department prior to installation. 3. Building Design Guidelines must be established and include a requirement applicable to all lots within the wetland buffer, and backing up to existing wetlands to ensure proper stewardship of the adjacent critical lands. At a minimum they must include the below: i. The back yard areas of lots near the wetlands will be filled ‘close to street level’ in order to create a fill slope at the back lot lines while will be planted with native grasses. Storm runoff from top slopes will drain as sheet flow over the slope, and the vegetation will ‘intercept, filter and infiltrate’ any runoff that does occur. This creates a buffer to protect the undeveloped floodplain and wetland areas from sediment and nutrients. ii. The HOA/POA require homeowners to use phosphorous-free fertilizers and to not dispose of trash, grass clippings or yard waste within the wetland buffer. Signage will be included noting the restrictions of pets from the wildlife refuge. The covenants will also include a requirement to install and maintain continuous fencing along the wildlife preserve. iii. In accordance with MPDES stormwater discharge requirements, any construction related sediment will be intercepted during construction with a silt fence, wattles or other filtration measures. 4. The subdivision must install a fence along the southern boundary of the proposed Shady Glen Wildlife Refuge adjacent to the Bridger Center Subdivision and on the east along the boundary with the proposed residential lots in this development. The fence design and materials must be approved by the Community Development Department prior to installation. Fence materials must limit passage of materials and equipment, minimize 28 City Commission Findings of Fact and Order for Shady Glen Preliminary Planned Unit Development, 22293 Page 16 of 45 visual impact, and maximize durability and longevity. Fence installation must be completed prior to final plat approval; financial guarantee of this work is not allowed. In addition, the subdivision covenants will include a requirement for the applicant to install and the homeowners association to maintain the previously described fence. 5. The Planned Unit Development is permitted through the Conditional Use Permit process. The right to a use and occupancy permit is contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure and all of the conditions constitute restrictions running with the land use, apply and must be adhered to by the owner of the land, successors or assigns, are binding upon the owner of the land, their successors or assigns, must be consented to in writing, and must be recorded as such with the County Clerk and Recorder’s office by the property owner prior to the issuance of any building permits, final plan approval or commencement of the conditional use. 6. The applicant shall complete construction or other provision of all identified public benefits which were the basis of the planned unit development qualifying for review and all amenities depicted on the preliminary planned unit development application materials prior to the issuance of the 9th building permit within the development. This includes the construction of the two affordable townhomes, the completion of the improvements associated with Common Open Spaces 03 & 04, as well as the way-finding improvements. This obligation must be included on the Conditions of Approval sheet of the associated final plat. 7. A wayfinding signage and educational signage program must be submitted to the city for review and approval with the final PUD approval. As the wayfinding program is part of the PUD performance points, the improvements must be completed with the PUD improvements. 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. 38.220.020 & 38.610.050. Prior to final plat approval, the applicant must provide the Community Development Department with a written statement of a wetland boundary determination from the U.S. Army Corps of the wetland status. If the wetlands are determined to be jurisdictional, an approved 404 permit for any changes to the wetland must be submitted to the Community Development office prior to final plat approval. 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.) must be obtained by the applicant. Approved stream and wetland permits shall be provide prior to public infrastructure approval for public infrastructure impacts to jurisdictional wetland and streams. Permits and a FEMA approved LOMR-F must be provided prior to final plat approval. 29 City Commission Findings of Fact and Order for Shady Glen Preliminary Planned Unit Development, 22293 Page 17 of 45 3. BMC 38.220.320. In order to disclose to future purchasers their obligations regarding open space established in the municipal code the following language shall be included on the Conditions of Approval Sheet of the final plat: “As established by 38.220.320.A, 38.340.150.A.3.d, and other applicable elements of the municipal code effective on [DATE of Preliminary plat sufficiency determination], ownership of all common open space areas and trails, and responsibility of maintenance thereof and for city assessments levied on the common open space lands shall be that of the property owners’ association. Maintenance responsibility shall include, in addition to the common open space and trails, all vegetative ground cover, and irrigation systems in the public right-of-way boulevard strips along all external perimeter development streets and as adjacent to public parks or other common open space areas. All areas within the subdivision that are designated herein as common open space including trails are for the use and enjoyment by residents of the development and the general public. The property owners’ association shall be responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all common open space areas, fencing on common open space and trails. At the same time of recording the final plat of the subdivision the subdivider shall transfer ownership of all common open space areas within each phase to the property owners’ association created by the subdivider to maintain all common open space areas within Shady G subdivision. The City may release the Shady Glen Property Owners’ Association from the obligation to maintain parks dedicated to the City at the City’s discretion.” 4. BMC 38.220.320. Covenants. Covenants, restrictions, and articles of incorporation for the creation of a POA (Documents) shall be submitted at least 30 working days prior to submitting the final plat application for review by the Department of Community Development and shall contain, but not be limited to the following items: 1) the orientation and setbacks for corner lots, 2) all additional setbacks required when lots are adjacent to pathway corridors and minor arterial roads, 3) provisions for fences, 4) provisions for snow removal, maintenance and upkeep of all common areas, public and private parks, trails, storm water runoff facilities, 5) guidelines that outline architectural and landscape requirements for each individual lot and/or phase of the subdivision, including placement of boulevard trees at a regular spacing for each residential lot, 6) provisions that outline the renewal of an annual contract with a certified landscape nursery person for the upkeep and maintenance of all parklands, common open space, trails, etc., 7) landscape details for detention ponds, outlet structures, boulevard trees, parkland, irrigation, etc., 8) mitigation of groundwater with established floor elevations, 9) noxious weed control, and 10) assessment of existing and future Special Improvement Districts. These documents shall be executed and submitted with the initial final plat to be filed with the Gallatin County Clerk and Recorder at the time of recording of the final plat. 5. BMC 38.400.010. No parking is allowed along the cul-de-sac. No parking signs must be installed prior to final plat approval. 30 City Commission Findings of Fact and Order for Shady Glen Preliminary Planned Unit Development, 22293 Page 18 of 45 6. BMC 38.410.100. With the final plat, a watercourse planting plan must be prepared that identifies the maintenance of the watercourse setback landscaping. The landscaping identified in the watercourse planting plan must be installed or financially guaranteed prior to final plat approval. 7. BMC 38.410.100. No accessory structures, patios, or recreational equipment (i.e. swingset, trampoline. etc.) can be located within the watercourse setback. This language must be included in the POA documents and covenants. 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 October 27, 2022. The Community Development (CD) Board, acting in their capacity as the Design Review Board (DRB) reviewed the application on March 6, 2023. The DRB is the design review advisory board to the City Commission on this application. The CD Board motion to recommend approval with recommended conditions passed, 4-3. The link to view the full CD Board meeting is provided. Summary of the Community Development Board’s discussion is below. These points were expressed by at least one member, however the bullets don’t necessarily represent the thoughts of the entire board. 1. Positives: a. Alternative right-of-way width provides a superior design and creativity surrounding the roadways. Like that it pulls the development further from the wetlands setback. b. The Board expressed enthusiasm of the multi-modal connectivity that is provided. c. Commended the applicant for continuing to be creative and work with neighbors. d. The Board liked that the project adds net increase in floodplain compensatory storage. e. The Board appreciated the affordable housing component. 2. Concerns: a. The Board expressed the desire to have a full local street as a secondary emergency access. b. Expressed concern that the HOA must maintain the gated secondary access lane free from snow build-up so Fire and EMT vehicles may access the Site. c. Discussion surrounding if the wetland mitigation impacts proposed are adequate. 3. Neutral: a. Members of the Board expressed desire to design the secondary access for pedestrians first and emergency vehicles second. This would include treatments that make a pedestrian feel welcome and safe. 31 City Commission Findings of Fact and Order for Shady Glen Preliminary Planned Unit Development, 22293 Page 19 of 45 b. Members of the Board expressed desire to have greater densities for infill projects, although understand the constraints of this site. c. The Board expressed the disappointment that the adjacent private property owners were not able to come to an agreement to provide a secondary full local street. d. Would like to understand the long term plan for the affordable housing units. The City Commission held a public hearing on the application on March 21, 2023. After the City Commission reviewed and considered the application materials, staff report, advisory review board recommendations, public comment, and the motion to approve failed on a vote of 0-5. The analysis and summary findings for this project can be found below in this report, specifically Section 7 – Findings of Fact, Order and Appeal Provisions. The City Commission’s alternative findings can also be found in Section 6 – Staff Analysis and Findings, which identifies the relaxations the City Commission did not support. Without the relaxations, the application fails to comply with regulations applicable to the project. These PUD findings of fact are meant to be incorporated into and supplement the preliminary plat application 22294 findings of fact because the preliminary plat is inextricably linked to and depends upon approval of the PUD application. The link to view the full City Commission meeting is provided. 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. The City Commission determined that the application does not meet the criteria of this section, and acting in their capacity as the review authority, denied the project. The City Commission’s findings are discussed below where they found the application did not meet the criteria and determined the proposed plan could be detrimental to the health, safety and welfare of the community. Specifically, the Commission found relaxations requests 2, 3, 4, and 5 were not consistent with the review criteria nor did the PUD provide a superior outcome to that offered by the basic existing zoning standards as required by the UDC. Applicable Planned Unit Development Review Criteria, Section 38.230.100.A, The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, do not in any way create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law. In considering applications for plan approval under this title, the advisory boards and City Commission shall consider the following: 32 City Commission Findings of Fact and Order for Shady Glen Preliminary Planned Unit Development, 22293 Page 20 of 45 1) Conformance to and consistency with the city’s adopted growth policy. Yes. The property has a future land use designation of Urban Neighborhood and is zoned R-1. The applicant proposes to set aside a large amount of the property (approximately 60%) as a wildlife refuge to protect the important ecosystem and wildlife habitat. The remaining 40% of the site is proposed to be developed consistent with the Urban Neighborhood designation and R- 1 zoning district. The project is in conformance to and consistent with the City’s adopted growth policy. Refer to Appendix A, Project Site Zoning and Growth Policy for additional discussion as well as goals and objectives this project is achieving. City Commission Findings: No. The Commission acknowledged that this is a challenging site. Commissioners also acknowledged that the proposed PUD is infill development in an area in the community where the city wishes to grow, which would satisfy some portions of the Bozeman Community Plan 2020 (Growth Policy) recognizing the need for more housing development, and, with respect to this project, a small addition of affordable housing. However, the Commission also noted the location of the affordable housing units and overall site design raised some inconsistencies between the proposed housing and goals of the Growth Policy, including Goals N-1.1 and R-2.4. Ultimately, the Commission did not find that the proposed PUD creates a superior outcome for the community, particularly given its incongruities with other parts of the City’s adopted growth policy. The Commission found that the proposed cul-de-sac does not further growth policy goals addressing well-planned neighborhoods, including connectivity for both vehicles and pedestrians. Goals N-1.9 and M-1.4 expressed in the City’s Growth Policy address transportation networks, connectivity, and multimodal means of travel. Further, the Commission noted the proposed cul-de-sac design and narrower road width with a sidewalk and parking only along one side of the street would limit public access to the development’s proposed wildlife refuge and trails to those who are able to walk there via connecting trails, contrary to the City’s inclusivity goals addressed in R-2.4, EPO-1.3, EPO-1.4, and M-1.4 of the Growth Policy. Our parks are meant to be enjoyed by everyone in the community, getting there by whatever means they would like. The Commission found that the proposed gated and locked emergency and pedestrian secondary access to the development creates hazards to safety and hinders the efficient provision of emergency services. One theme in the Growth Policy is to be a resilient city, with Goal R-2.7 “include flexible and adaptable measures that consider future unknowns of changing climate, economic, and social conditions” and R-2.2 expressing the desire to “ensure that strategies directly address the reduction of risk to human well-being, physical infrastructure, and natural systems.” Application 22293 is contrary to this goal by relying on a gated and locked second emergency access point for the neighborhood. In the event of a disaster, possibly due to this neighborhood’s proximity to an industrial M-1 zoning district and the East Gallatin River and its 33 City Commission Findings of Fact and Order for Shady Glen Preliminary Planned Unit Development, 22293 Page 21 of 45 associated floodplain and wetlands, this neighborhood could be particularly vulnerable to the need for emergency services and could be hindered from receiving emergency services or efficient evacuation of residents due to a gated and locked secondary vehicle access. In addition, the proposed PUD is inconsistent with goals R-1.6, EPO-3.9, and RC-4.3 in the Growth Policy. The Commission also determined that the proposed development is inconsistent with Growth Policy goals related to protecting environmentally sensitive areas, including wetlands and floodplains, as well as protection of public health and safety during flood events. The Commission recognized public comment provided at the hearing and discussed recent changes to regional watercourses, including extraordinary flood events and the potential effects of climate change, in considering the applicant’s request to reduce the UDC required 50-foot watercourse setback to 35 feet. Further, the Commission found it not prudent to rely on a future homeowner’s association to enforce conditions designed to mitigate impacts of the development on nearby wetlands and watercourses, for example prohibiting the use of certain fertilizers, requiring interception of stormwater and other runoff, and prohibiting pets in the wildlife refuge. The Commission’s findings demonstrate that the proposed development is inconsistent with Growth Policy goals EPO-1.5, EPO-3.9, RC-2.1, RC-2.4, and RC-4.3. 2) Conformance to this chapter, including the cessation of any current violations. Yes. The project, if approved, will conform to the Bozeman Municipal Code other than the requested relaxations. If the Commission does not approve the relaxations then the project will not be in conformance and is not approvable, nor is the concurrent subdivision, Application 22294. There are no known documented violations of the BMC for this property. The applicant’s narrative adds that there have been numerous informal illegal ‘encampments’ that have been removed from the property. City Commission Findings: No. The Commission found that several relaxations were incompatible with standards of the Unified Development Code (UDC) that protect the health, safety and welfare of the community. Specifically, the Commission cited the gated and locked secondary access as a danger to public health and safety and not in conformance to provisions of the UDC meant to reasonably mitigate risk. If a fire, flood, or other natural disaster occurred in or near the subdivision, ingress and egress could be hindered due to the location and nature of the primary and secondary access. The Commission also found that requests for relaxations related to street width and design requirements are an unacceptable deviation from requirements of the UDC. Additionally, efforts proposed to mitigate the negative impacts of allowing development within the watercourse setback were deemed inconsistent with the intent and purpose of various sections of the UDC designed to ensure the City’s wetlands and watercourses are protected. Overall, the Commission determined that the application does not conform to the requirements of 38.430.030.A.4.c, BMC because it fails to present an environment, landscape quality and character superior to that produced by existing UDC standards. 34 City Commission Findings of Fact and Order for Shady Glen Preliminary Planned Unit Development, 22293 Page 22 of 45 3) Conformance with all other applicable laws, ordinances and regulations. Yes. If Relaxation 1, allowing townhomes in the R-1 zoning district, is approved, the uses of the site are consistent with the R-1 zoning district. No specific conflicts have been identified. Additional steps will be required including, but not limited to, final payment for cash-in-lieu of water rights and parkland, finalization of the preliminary and final plat, recording of required easements, construction of infrastructure, PUD final plan documents and approval and building permits. The Building Division will review the requirements of the International Building Code for compliance at the time of building permit application. 4) Conformance with special review criteria for applicable permit type as specific in article 2; Yes. This Conditional Use Permit (CUP) and PUD criteria are reviewed below. The project meets the requirements and criteria as presented. City Commission Findings: No. The City Commission found that the PUD does not create a superior outcome for the community than that produced by existing standards. Commission findings regarding CUP and PUD criteria are included below. 5) Conformance with the zoning provisions of article 3, including: (Permitted uses; Form and intensity standards; applicable zone specific or overlay standards; general land use standards and requirements; applicable supplemental use criteria; and wireless facilities and/or affordable housing provisions.) Yes, with approval of the requested relaxations. Relaxation 1 is requesting to allow townhouses (2) in this development. Currently, Section 38.310.030, Table 38.310.030.A does not allow townhouse/rowhouse typologies in the R-1 zoning district. Previously, townhouses were a permitted use in the R-1 zoning district in order to satisfy the affordable housing provisions in the inclusionary zoning. Since that time, the State Legislature has removed the ability for local municipalities to require affordable housing, and with the redaction of the affordable housing ordinance, the ability to allow deed restricted affordable townhouse/rowhouse units in the R-1 zoning district was also removed from the code. Staff supports this relaxation. The applicant is voluntarily providing affordable housing unit (using the performance points towards the PUD), and the intent meets the City’s requirements previously required per Section 38.380.060 of the Unified Development Code. Staff finds this relaxation furthers the goals of the growth policy. In addition, a large portion of the site is remaining undeveloped, thus an increase in density for two units is not harmful to the neighborhood proposed or larger community at large. Refer to Exhibit 8 – Shady Glen Green Space Plan to see the amount of space preserved. Recommended Condition of Approval 1 includes an Affordable Housing Plan requirement. 35 City Commission Findings of Fact and Order for Shady Glen Preliminary Planned Unit Development, 22293 Page 23 of 45 City Commission Findings: The City Commission found that although there is a community need for affordable housing, this proposal does little to address affordable housing needs. In addition, the placement of the affordable housing next to the industrial zone to the south and cut off from the rest of the development, places the affordable units in a less desirable location than all other dwellings in the development. The proposed location of the two affordable housing units separates them from the market rate housing by the emergency access, and places the two affordable housing lots next to the industrial zoning district to the south, which makes these two lots the only lots that border the industrial zone to the south. These considerations contributed to the Commission’s determination that the benefits of two units of affordable housing was not sufficient to constitute a superior character, quality, or environment than by complying with all UDC standards. 6) Conformance with the community design provisions of article 4, including transportation facilities and access, community design and element provisions, and park and recreational requirements. Access to the site is via a proposed extension from Birdie Drive through The Links Condominium development to the east via an existing public access easement. A secondary emergency access to the site comes from the south off Commercial Drive. The access is gated at the property line that meets the Fire Department access requirements. It is not feasible to create a full street connection to Commercial Drive to south due to physical constraints of the right-of- way alignment. Portions of the right-of-way that would be required were vacated previously by the city. A cul-de-sac is proposed at the northern end of Shady Glen Lane which are typically prohibited unless they are deemed “necessary due to topography, the presence of critical lands, access control, adjacency to parks or open space, or similar site constraints. Pedestrian walks must be installed at the end of culs-de-sac where deemed appropriate” (BMC38.400.010.A.9). The cul- de-sac is necessary due to adjacency to park, open space, wetlands, and lack of access to adjacent streets. A pedestrian walkway was provided at the end of the culs-de-sac to the adjacent pedestrian path on the northeast portion of the subdivision. The cul-de-sac was reviewed by the Engineering Department as well as the emergency services and found to be adequate. Refer to Code Requirement 5 which prohibits parking at the end of the culs-de-sac. City Commission Findings: The City Commission recognized that the site is difficult to develop, but also noted that current development standards prohibit cul-de-sac design, except in extraordinary circumstances. The developer was encouraged to meet with neighbors obtain easements to establish a more logical, fully operational secondary access point to the development. Additionally, the Commission noted that the cul-de-sac design contributed to the feeling that this development has elements of a gated community, in that the cul-de-sac contributes to a lack of public access to amenities like the wildlife refuge and the public trail system. 36 City Commission Findings of Fact and Order for Shady Glen Preliminary Planned Unit Development, 22293 Page 24 of 45 Per BMC 38.410.040.B,“Block length must not be designed, unless otherwise impractical, to be more than 400 feet in length or less than 300 feet in length. Block lengths may be longer than 400 feet if necessary due to topography, the presence of critical lands, access control, or adjacency to existing parks or open space. In no case may a block exceed 1,320 feet in length. Based on the applicant’s diagram, staff reviewed and concurred that this subdivision is in compliance with this code provision. Due to the unique nature of this subdivision and the layout, it is somewhat debatable as to what is considered the start of the block. If the block is considered to start from the pedestrian connection to Commercial Drive and end at the cul-de-sac, the block is less than 600’, however if the block is considered to start at Birdie Drive and end at the cul-de- sac, the distance is 1,140’. Although longer than the typical 300 to 400 feet block, it is within the 1,320’ maximum, thus staff determined a relaxation is not necessary based upon measurements provided. Whether the block is considered to start at the pedestrian right-of-way that connects to Commercial Drive, or if the block starts at Birdie Drive, the road is less than 1,320 feet to the cul-de-sac, thus meeting this code requirement. Refer to Exhibit 9 – Multi-modal network which contains measurements for the block segments. Relaxation 2 requests allowing a dual access for pedestrians and emergency (or other authorized) vehicles. BMC 38.400.010.A.8 requires second or emergency access in order to facilitate movement, the provision of emergency services and the placement of utility easements. The entire access is required to be maintained for all-season access by a private-party maintenance agreements set up by the Shady Glen Property Owner’s Association. The proposed dual access would also provide an emergency access through route between the existing cul-de-sacs of Bridger Center Drive/Commercial Drive and Birdie Drive. Staff supports this proposed relaxation as the dual access furthers the multi-modal connectivity between neighborhoods and trail systems for pedestrians and bicycles. In addition, the emergency access provides a new connection for both the proposed neighborhood as well as existing neighborhoods, and is a solution for a property that otherwise does not have a secondary access option. Refer to Exhibit 9 – Multi-modal network. The Fire Department has reviewed the application and determined the design is adequate to provide the requisite secondary emergency access. City Commission Findings: The City Commission determined that the proposed gated and locked dual access for pedestrian and emergency vehicles do not facilitate efficient movement into and out of the subdivision, nor does it adequately provide access for emergency services entering the development or the evacuation of people out of the development. Citing concerns with flooding or potential industrial disasters, as well as the very limited number of keys to the gate, the City Commission found this requested relaxation unacceptable. The Commission also expressed concerns that inappropriate snow storage would prevent access to the locked gate and would hinder emergency and pedestrian access. 37 City Commission Findings of Fact and Order for Shady Glen Preliminary Planned Unit Development, 22293 Page 25 of 45 Relaxation 3 is requesting a reduced width for the right-of-way provided with Shady Glen Lane. BMC 38.400.050.A requires all streets and road to meet the right-of-way width and construction standards contained in this chapter. A typical local street section is 60’ and includes a 5’ sidewalk on both sides of the street, boulevard landscape strip, parking and two travel lanes. The application proposes the below changes to a standard street section in order to better protect the critical wetlands by shifting the lots easterly away from the wetlands. • Provide 5’ sidewalk on the west side of Shady Glen Lane immediately adjacent to the street, removing the boulevard strip. In lieu of a boulevard strip and street trees, the Development Guidelines will require trees to be planted on each residential lot. • Eliminate the sidewalk on the eastern side of Shady Glen Lane as there is an existing gravel trail that runs parallel where a sidewalk would be, and because there are no lots proposed on the eastern side of Shady Glen Lane. • Eliminate the east side parking lane as there are no residential lots on the eastern side and would likely be providing excessive on-street parking. Staff supports this proposed relaxation in order to shift the lots to the east where possible in order to mitigate impacts to the wetlands. Staff finds this design proposal to impact the wetlands less than the alternatives which could include, a full street section, with the lots pushed further into the wetland setbacks. Another alternative, interestingly enough would not have required a relaxation, would be to have the street going through the wetland. Streets are an exempt improvement in the wetland, even though in this case, it would have had a greater impact on the wetlands that the back yards of the lots in the wetland. This design provides the least impact to the wetland setbacks of all the alternatives explored. Refer to Code Requirements 2, 3, 4, 6 & 7. City Commission Findings: The City Commission likewise determined that relaxation 3 does not conform to the City’s community design requirements, particularly those related to transportation facilities and access to public recreation amenities. The Commission noted that the combined effect of the street design of a cul-de-sac, a reduced width street, parking limited to only one side of the street, and a sidewalk on only one side of the street is an unacceptable limitation of public access to the wildlife refuge and trail system proposed in the development. By effectively hindering public access through street design relaxations, the development’s proposed public recreation amenities are not inclusive to all citizens of Bozeman. Relaxation 4 is requesting alternative design requirements for the dual-access as it relates to the pedestrian right-of-way design requirements. BMC 38.410.040.D requires pedestrian rights-of- way meet specific design requirements including specific setbacks for adjacent buildings, maintenance requirements and that the walk is constructed as a city standard sidewalk. The proposal requests to specify the setback for adjacent buildings as 7.5’ instead of the required 10’ and to construct the pathway as asphalt in lieu of concrete (which is the ‘city standard sidewalk’ material). 38 City Commission Findings of Fact and Order for Shady Glen Preliminary Planned Unit Development, 22293 Page 26 of 45 Setbacks adjacent to pedestrian rights-of-way less than 30’ wide (this right-of-way is proposed at 20’) must be not less than ten feet. The applicant’s narrative states “Because the 20-foot width is a requirement for the emergency access and a single-use pedestrian walk could meet the standards at a 10-foot width, the widening of a 10-foot walk to 20 feet is required only due to the unique, dual-use nature of the pedestrian walk. The proposed widening would result in a pedestrian ‘corridor’ (walkway plus setbacks) of 35 feet which exceeds the standards, in terms of total width including setbacks, by 5 feet.” The second portion of this relaxation is the proposed surface material. The code provision states that a pedestrian walk is to be constructed as a city standard sidewalk which would include the surface material. Typical city standard sidewalk is concrete, the proposal is for asphalt due to the dual use nature of the access. Staff concurs that if this pedestrian access is to also be used as an emergency access, additional consideration to design criteria is warranted. The reduced setback from 10’ to 7.5’ (2.5’ less) is not anticipated to take away from the resident’s privacy, nor the user’s experience of the public pathway. In addition, if the proposal is to use this access as a secondary emergency vehicle access, asphalt is the likely surface material. Staff supports this relaxation. Code Requirement 4 addresses the components that must be placed in the CC&Rs. 7) Conformance with the project design provisions of article 5, including compatibility with, and sensitivity to, the immediate environment of the site and adjacent neighborhoods and other approved development; design and arrangement of the elements of the plan; landscaping; open space; lighting; signage Not applicable as any residence of 5 or fewer units does not have to adhere to Article 5. 8) Conformance with environmental and open space objectives set forth in articles 4-6, including: The project site is comprised of 3.26 acres of wetlands. Four wetland systems and one non- wetland water way were delineated during the wetland delineation. The wetlands were labeled as Wetland 1, Wetland 2, Wetland 3, Wetland 4, and Wetland 4a. Refer to previous Exhibit 6 – Wetland Delineation Map. Relaxation 5 is requesting a reduction from the 50’ setback that is required to 35’ for 9 of the proposed 16 residential lots. BMC 38.410.100.A.2.c.4 requires that setbacks be extended a minimum of 50 feet beyond the perimeter of a connected wetlands. Exhibit 7 – Watercourse setback shows the proposed extend of a 35’ setback. BMC 38.410.100.A.2.b(2) states [nothing in this section prohibits an owner of affected property from:] when applicable, seeking a deviation to dimensional standards of the watercourse setback, as allowed by and subject to the requirements of divisions 38.340 or 38.430 of this chapter. The reference to BMC 38.430 is the reference to an applicant’s ability to request a reduction to the watercourse setback through a PUD process. The applicant states in the narrative, “A relaxation of the 50-foot wetland buffer 39 City Commission Findings of Fact and Order for Shady Glen Preliminary Planned Unit Development, 22293 Page 27 of 45 width to 35 feet is requested to allow for reasonable building envelopes and to achieve minimum net density required in R-1 zoning. The residential lots have been arranged to ensure that all building envelopes would be outside of the proposed 35 foot wetland buffer.” In order to ensure proper stewardship of the wetland buffer, the applicant proposes the following: a. Building Design Guidelines are proposed to include a requirement, applicable to all lots within the wetland buffer, and backing up to existing wetlands, to route their roof drainage to rain barrels or on-property infiltration facilities. This will reduce the volume of runoff towards the wetlands. b. The back yard areas of lots near the wetlands will be filled ‘close to street level’ in order to create a fill slope at the back lot lines while will be planted with native grasses. Storm runoff from top slopes will drain as sheet flow over the slope, and the vegetation will ‘intercept, filter and infiltrate’ any runoff that does occur. This creates a buffer to protect the undeveloped floodplain and wetland areas from sediment and nutrients. c. The HOA/POA require homeowners to use phosphorous-free fertilizers and to not dispose of trash, grass clippings or yard waste within the wetland buffer. Signage will be included noting the restrictions of pets from the wildlife refuge. The covenants will also include a requirement to install and maintain continuous fencing along the wildlife preserve. d. In accordance with MPDES stormwater discharge requirements, any construction related sediment will be intercepted during construction with a silt fence, wattles or other filtration measures. The US Army Corps of Engineers has issued a wetland fill permit coinciding with the proposed areas of wetland impacts. The total impacts are less than 0.10 acres. The applicant’s narrative speculates that these efforts to protect the wetland may “reduce wetland impacts to zero and, over time, might even result in a net increase in wetlands acreage on the site”. Staff concurs that the mitigation measures are robust, and supports the relaxation request with the proposed Condition of Approval 2 that requires the developer to install perpetual wetland boundary markers on the watercourse and Condition of Approval 3 that requires the establishment of Building Design Guidelines. City Commission Findings: The City Commission disagreed with staff analysis and found that the proposed development fails to conform to the UDC’s environmental objectives. The Commission found reduction of the watercourse setback to 35 feet unacceptable for two reasons. First, the Commission expressed concern about the burden imposed on the homeowner’s association to perpetually inform residents and diligently enforce the many required mitigation efforts proposed by the developer and required as conditions of approval to protect the nearby wetlands for generations to come. Requirements for rain barrels, infiltration systems, building design guidelines, phosphorus-free fertilizers, proper disposal of trash, grass clippings, and yard waste, restricting pets from the wildlife refuge, and ensuring that residents do not mow beyond 40 City Commission Findings of Fact and Order for Shady Glen Preliminary Planned Unit Development, 22293 Page 28 of 45 wetland boundary markers are only effective if they are enforced. Noting that homeowner’s associations can go out of business or otherwise fail to fulfill requirements imposed by the City, the Commission was unconvinced that environmental objectives in the UDC would be met by allowing encroachment into the wetland buffer. Second, the Commission found, in weighing community benefits offered in the application to all the requested relaxation requests, the proposal does not create a superior development to that which would be developed using standards set forth in code. Relaxation 6 is requesting a relaxation to allow placement of fill material, for non-exempt uses, within the East Gallatin River’s 100-year floodplain. The applicant proposed to place fill within the shallow floodplain fringe on 7 of the 16 proposed residential lots. The fill is proposed to be excavated from elsewhere on the site, removing old railroad bed fill, and increasing the floodplain storage elsewhere on the site with a net increase in available floodplain storage. BMC 38.410.100.A.2.d states “No newly constructed residential or commercial structure, addition to an existing structure, fence, deck fill material (other than that required for exempt uses), parking lot or other impervious surfaces, or other similar improvements may be located within required watercourse setback, unless approved through, and in conformance with, a variance or deviation process as authorized in this chapter.” As previously discussed, a planned unit development is a ‘deviation process’ authorized in this chapter. In order to mitigate any potential impacts to the wetland, the applicant has proposed to pull fill from a historic railroad bed west of Lot 5, and place the fill on the backs of Lot 3,4 8, 9, 10 & 11. The applicant’s narrative states, “The combined fill volume below the 100-year flood elevation (i.e., loss of flood storage capacity) will be less than the excavation volume below the 100-year flood elevation west of Lot 5 (i.e., gain in flood storage capacity). In other words, the proposed grading actually increases flood storage volume as compared to existing conditions. This is a rare occurrence for this type of relaxation/variance request in that the proposed plan to place fill within the floodplain would not negatively impact flood conveyance or storage capacity.” A CLOMR permit has already been obtained from the Federal Emergency Management Agency (FEMA) and can be found in the application materials. Staff supports this relaxation request as it is increasing the floodplain capacity, as well as providing mitigation measures for stormwater runoff from the urban development prior to reaching the wetlands. City Commission Findings: Commissioners expressed general concerns with relaxation 6, given climate changes and the potential for an increased number of flood events, but did not make any specific findings. 9) Conformance with the natural resource protection provisions of article 4 and article 6. The undeveloped site is home to existing wildlife. The applicant’s narrative states “large ungulates such as white tail deer, moose and possible mule deer inhabit the property during 41 City Commission Findings of Fact and Order for Shady Glen Preliminary Planned Unit Development, 22293 Page 29 of 45 different seasons. Smaller mammals consisting of squirrels, raccoons, rabbits, skunks, beavers, mink and possible otters frequent the property periodically. Avian species notably a variety of raptors, songbirds, wading birds, upland birds, waterfowl, and cranes have been viewed on the property. Naturally, the development of a site will disturb the existing ecosystem. This site is inside city limits and urban type development is anticipated. The applicant is proposing to leave over 60% in a wildlife refuge. The lack of human intrusion on these 7.13 acres allows wildlife a secure place to shelter and feed. In addition, this park is contiguous with Glen Lake Rotary Park which extends the natural setting of the existing park, and allow for fluid migration for the wildlife without crossing urban interface. The wildlife refuge will protect wildlife movement areas and the existing federally protected wetlands, water bodies, and wildlife habitat from human impacts. In addition, the Shady Glen HOA will require homeowners with lot lines adjoining the wildlife preserve to provide fencing to protect wildlife from pets and vice versa. A representative from the Montana Fish, Wildlife & Parks stated “This development alone is not likely to negatively impact big game at a population level for several reasons. It represents a small parcel (about 12 acres), most of which will be preserved in open space. This open space is currently planned to be adjacent to other open space lands owned by the City of Bozeman and along the banks of the East Gallatin River. Placing open space lands together amplifies benefits of the open space to wildlife. The proposed area is not in crucial big game winter range nor a known migration corridor for big game species. Finally, the area is proximate to other major developments at the outskirts of Bozeman”. In order to minimize human and wildlife conflict, the trails are not being placed on the wildlife refuge. In addition, Recommended Condition of Approval 3 above requires the applicant to construct a fence between the wildlife refuge and the commercial users to the south to minimize user conflict. Lot owners will be required to install fencing along the west lot lines, bordering the wildlife refuge to provide separation between the wildlife and residential units. The vegetation on site consist of Palustrine Scrub/shrub broadleaf deciduous forest, wetlands, and a fallowed hay pasture grassland. The forested areas are dominated by sandbar willow, red- osier dogwood, woods rose, quaking aspen and Bebb’s willow, alder, and canary reed grass. The wetland areas of the site are characterize by plant communities typically found in riparian areas or areas Saturday by groundwater conditions including, but not limited to: reed canary grass; beaked sedge; wooly sedge; wheat sedge; round-fruit rush; Colorado rush; Baltic rush; common cattail; and common spike-rush. There are also noxious weeds onsite. A weed management plan was submitted to, and approved by, Gallatin County. The application also notes they have removed approximately 2 tons of household trash from four homeless camps located within the Aspen grove on the property. While the development will naturally disturb vegetation where homes are proposed, however the remainder of the site will be improved to a superior environmental condition, and preserved. 42 City Commission Findings of Fact and Order for Shady Glen Preliminary Planned Unit Development, 22293 Page 30 of 45 Areas disturbed during construction will be reclaimed through plantings of diverse riparian vegetation consisting of riparian grasses, forbs, scrub/shrubs and trees that tolerate saturated to semi-saturated soil conditions. The applicants narrative states, “Best Management Practices (BMPs) will be installed prior to project initiation to ensure that storm runoff from the areas of ground disturbance will be contained and treated onsite during and after construction. Low Impact Development (LID) designs such as infiltration galleries and biofiltration will be incorporated into the project’s final landscape design. These design features will help with water conservation.” 10) Other related matters, including relevant comment from affected parties. In total there were 97 written public comments, and 11 oral public comments at the public hearing. The Commission referred generally to public comment provided by Diana Sauther regarding movement of waterways in the Gallatin Valley in making some of their findings. 11) If the development includes multiple lots that are interdependent for circulation or other means of addressing requirements of this chapter, whether the lots are either: a) configured so that the sale of individual lots will not alter the approved configuration or use of the property or cause the development to become nonconforming; or b) The subject of reciprocal and perpetual easements or other agreements to which the City is a party so that the sale of individual lots will not cause one or more elements of the development to become nonconforming. Not applicable. The site will be subdivided according to the concurrent subdivision (22294). 12) Phasing of items listed in section 38.230.020.B, including but not limited to buildings and infrastructure. Not applicable. The project is proposed to be constructed in one phase. A subdivision is being reviewed concurrently with this PUD. Conditional Use Permit Review Criteria, Section 38.230.110 Planned Unit Developments (PUD) are reviewed as Conditional Use Permits (CUP), thus the PUD must also be reviewed against the CUP criteria. See staffs analysis below. E. In addition to the review criteria of section 38.230.110, the review authority shall, in approving a conditional use permit determine favorably as follows: E.1) That the site for the proposed use is adequate in size and topography to accommodate such use, and all yards, spaces, walls and fences, parking, loading and landscaping are adequate to properly relate such use with the land and uses in the vicinity. 43 City Commission Findings of Fact and Order for Shady Glen Preliminary Planned Unit Development, 22293 Page 31 of 45 Yes the site is adequate is size to accommodate the land use. Typically, at 5 dwelling units per acre, before removing the critical areas, this site would be expected to have 55 or more units. Due to the critical areas including wetlands, floodplains, and setbacks, the developable area of the property is greatly reduced and 16 units are being proposed. The applicant has worked to use the developable area of the site, and the remainder will be an added benefit to the proposed neighborhoods, existing neighborhoods, community at large and wildlife but providing missing links to the multi-modal network, additional wildlife refuge areas, and affordable housing units. City Commission Findings: Refer to Commission findings above. The Commission determined that the site and proposed design are inadequate to accommodate parking, standard street width, connectivity of streets, and protection of the wetland buffer through watercourse setback requirements. E.2) That the proposed use will have no material adverse effect upon the abutting property. Person objecting to the recommendations of review bodies carry the burden of proof. Yes. While change is inevitably going to have an effect on neighbors, this development provides a net gain to the neighborhood and has no material adverse effects. The added emergency access can be used by both the commercial development to the south and The Links Condominium, the pedestrian connection provides a missing link for the multi-modal network, and the wildlife refuge adds to an existing park to provide a contiguous habitat for wildlife. The proposal includes improvements to the existing stormwater system to provide needed updates and maintenance. The increased floodplain capacity will benefit all residents in the area. City Commission Findings: Refer to Commission findings above. The Commission found that a reduction in the required watercourse setback and ineffective enforcement of mitigation tactics would negatively impact the wetlands for generations to come. E.3) That any additional conditions stated in the approval are deemed necessary to protect the public health, safety and general welfare. Yes. The PUD has Conditions of Approval that address the wetland setbacks and ensure the requested reduced setback does not have harmful effects on the natural environment. In addition, special conditions are in place to address the adjacency of residential developments with a proposed wildlife refuge, special fencing, ingress/egress, maintenance of the grounds, and emergency access. F.) In addition to all other conditions, the following general requirements apply to every conditional use permit granted: 44 City Commission Findings of Fact and Order for Shady Glen Preliminary Planned Unit Development, 22293 Page 32 of 45 F.1) That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general land and special conditions imposed by the conditional use permit procedure; and F.2) That all of the conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the county clerk and recorder’s office by the property owner prior to the issuance of any building permits, final plan approval or commencement of the conditional use. The necessary recording of documents will be addressed as part of the final PUD plan process and will be required prior to the approval of the final plat. Refer to Recommended Conditions of Approval 5 & 6 for the requirements to record CUP documents. Planned Unit Development Design Review Criteria, Section 38.430.090.E 2.a) All land uses within a proposed planned unit development must comply with the applicable objectives and criteria of the mandatory “all development” group. 2.a.1) Does the development comply with all city design standards, requirements and specifications for the following services: water supply, trails/walks/bike ways, sanitary supply, irrigation companies, fire protection, electricity, flood hazard areas, natural gas, telephone, storm drainage, cable television, and streets? Yes. The proposed development will be connected to and be served by City utilities. The Fire Department has reviewed the proposal and found it satisfactory to provide service to the proposed residential lots. The Parks Department has found the design satisfactory. In addition, the subdivision is proposed in very close proximity to Story Mill Community Park, Glen Lake Rotary Park, and with the dual access pedestrian connection, provides a missing link for pedestrians and bicyclists in the non-motorized network for the area connecting the trail system to the north of the subdivision to the Glen Lake Rotary Park trail system. The proposal includes a wayfinding signage program with educational posts throughout. Refer to Recommended Condition of Approval 7. The proposed development will be connected to and served by City utilities. Appropriate easements for street construction, utilities, emergency access, and trails are provided. The site is near the new construction public safety center and the response time is expected to be under 2 minutes. See list of relaxations for additional information on pedestrian access, streets, and setbacks. City Commission Findings: No. Refer to Commission findings above. Relaxations proposed in the application are unacceptable and do not comply with city design standards, 45 City Commission Findings of Fact and Order for Shady Glen Preliminary Planned Unit Development, 22293 Page 33 of 45 particularly those regarding street width, sidewalks, cul-de-sac design, secondary access, and flood hazard areas. 2.a.2) Does the project preserve or replace existing natural vegetation? Yes. As stated previously, A weed management plan was submitted to, and approved by, Gallatin County. Areas disturbed will be reclaimed through approved plantings. In addition, the applicant states Best Management Practices will be used during construction. Low Impact Design will be incorporated into the project’s final design. 2.a.3) Are the elements of the site plan (e.g., buildings, circulation, open space and landscaping, etc.) designed and arranged to produce an efficient, functionally organized and cohesive planned unit development? Yes. The applicant has continued to work with city staff and advisory boards to balance the competing elements of the site. The property is a legal non-conforming lot that would not be approved today because of the lack of frontage to a public street and street connectivity. This lack of frontage creates challenges for access to the site, and the applicant has worked to secure an access easement via The Links Condominium. If the adjacent neighborhoods were being created today, they would most likely be required to provide a through street to the Shady Glen Property as is required in BMC 38.400.010.A.1 Relation to undeveloped areas. This code provision states “When a proposed development adjoins undeveloped land, and access to the undeveloped land would reasonably pass through the new development, streets and alleys within the proposed development must be arranged to allow the suitable development of the adjoining undeveloped land.” Those neighborhoods were developed under a previous code and previous planning theory that did not require a connection to the Shady Glen property. The applicant has worked with the adjacent property owners and the City to resolve the access and easement issues on this somewhat ‘land-locked’ parcel and has arrived at a solution that is acceptable to the city departments including planning, engineering, and fire. Relaxations are requested to accommodate the existing site conditions created by the previous development of the surrounding properties, and provide additional improvements and preservation of critical areas that are above and beyond the required UDC. City Commission Findings. No. Refer to Commission findings above. The Commission found that the placement and location of the affordable housing units did not create a cohesive planned unit development, and in the inverse, separated the affordable housing from the market rate housing in a way that appeared to be placing the affordable housing in a less desirable location. Further, the Commission found that the street design, secondary locked and gated access, and associated requested relaxations did not promote efficient or functional circulation for the site and was contrary to public health and safety objectives. 2.a.4) Does the design and arrangement of elements of the site plan (e.g., building construction, orientation, and placement; transportation networks; selection and placement 46 City Commission Findings of Fact and Order for Shady Glen Preliminary Planned Unit Development, 22293 Page 34 of 45 of landscape materials; and/or use of renewable energy sources; etc.) contribute to the overall reduction of energy use by the project? Yes. The design includes enhancing the multi-modal network and decreasing the number of single occupancy vehicle trips required. Infill development is generally a thoughtful use of urban land as it utilizes existing infrastructure including wet and dry utilities as well as the existing street network to serve additional residential units. These components contribute to the overall reduction of energy use. The development is also adding to the green space and flood storage capacity within the city limits which helps reduce the urban heat affect, and also provides mitigation during heavy water events. The use of Low Impact Development landscaping and stormwater practices will also further the goals of water conservation. 2.a.5) Are the elements of the site plan (e.g., buildings, circulation, open space and landscaping, etc.) designed and arranged to maximize the privacy by the residents of the project? Yes. The developments lot sizes are consistent with the form and intensity standards adopted to ensure each residential unit has adequate lot size. Future building permits will be required to meet the required setbacks. The site is leaving over 60% undeveloped in a natural state which is above and beyond open space requirements that provide light and air for residents. One of the relaxation requests is requesting to reduce the setback from 10’ to 7.5’ where adjacent to a pedestrian right-of-way. This condition affects two lot lines, and staff concurs this condition is necessary due to the necessity of a widened pedestrian pathway to accommodate emergency vehicles, and does not take away from the resident’s privacy. 2.a.6) Park land. Does the design and arrangement of buildings and open space areas contribute to the overall aesthetic quality of the site configuration, and has the area of park land or open space been provided for each proposed dwelling as required by section 38.420.020? Yes. The applicant looks to dedicate over 7 acres (> 60%) of the site to a protected wildlife refuge as well as provide open space and recreational space. This dedicated area exceeds the city requirement per section 38.420.020 and table 38.420.020.A. The required dedication is .03 acres based on the maximum required dedication per acre of 10 Dwellings for R-1 (10 dwellings x .03 acres). The applicant is providing 7.15 acres of wildlife refuge habitat and .52 acres of open space which far exceeds the requirements for even 16 dwellings (16 dwellings x .03) at .48 acres. In addition, the developer will provide a play area and gathering area accessible by trails at the southeast end of the wildlife refuge. The dedication of this property to open space demonstrates Shady Glen’s efforts to create a superior 47 City Commission Findings of Fact and Order for Shady Glen Preliminary Planned Unit Development, 22293 Page 35 of 45 environment, exceed the requirements of the code standards, and create an excellent living environment within the Bozeman community. 2.a.7) Performance. All PUDs shall earn at least 20 performance points. Yes. The PUD is exceeding the 20 performance points required and has calculated a total of 108.42 performance points. The point math is outlined below: • The two affordable house units receive a total of 37.5 performance points. This is calculated by 3 points for each percent of dwellings to be constructed with a long term contractual obligation to provide affordable housing. Each lot is 6.25% of the total lots (12.5% for the two lots), multiplied by 3 points equals 37.5 points) • The open space lots 03 and 04 receive 60.07 performance points. These two lots total 7.13 acres, or 60.07% of the total sites 11.87 acres, which receives 60.07 performance points. This is calculated by one point for each percent of the project area provided as non-public open space. • The common open space lots 01, 02, and 04 receive 6.85 performance points. These three lots total 0.65 acres out of the projects total 11.87 acres, which is 5.48%. This is calculated by 1 ¼ point per percent of open space open to the public. • The wayfinding signage program receives 4.00 performance points. The proposal includes the incorporation of way-finding measures such as directional and educational sign boards and posts. 2.a.8) Is the development being properly integrated into development and circulation patterns of adjacent and nearby neighborhoods so that this development will not become an isolated "pad" to adjoining development? Yes. The development will correct the isolation imposed on this property by decisions made over the years that resulted in very limited access and easement connections to adjacent properties. The applicant has made exemplary efforts to incorporate comments obtained from the City representatives through various meetings. The modifications suggested and discussed with city representatives including placement of the lots, roads, sidewalks, wildlife refuge, and wetlands have been incorporated. The project will provide an emergency vehicle access swing gate with Knox padlock and will address flood plain and watercourse setbacks as stated elsewhere in this application. As noted in this and the original documents, the applicant has engaged with the adjacent property owners and the City to resolve access and easement issues. The site layout looks to accommodate UDC issues where applicable and requests relaxations where necessary to protect and enhance the wetlands and wildlife habitats, provide safe and convenient access, and improve the property with respect to the City Community Plan. Relaxations are requested to accommodate existing site conditions 48 City Commission Findings of Fact and Order for Shady Glen Preliminary Planned Unit Development, 22293 Page 36 of 45 imposed on the lot by previous development of surrounding properties and to provide additional improvements above and beyond the City UDC. City Commission Findings: No. Refer to Commission findings above. The City Commission found the proposed development is isolated and creates the sense of a “gated community,” provides inadequate traffic circulation, an is not properly integrated into surrounding neighborhoods because it has only one vehicular access point, and terminates in a cul-de-sac. 2.b.) Residential. Planned unit developments in residential areas (R-S, R-1, R-2, R-3, R-4, RMH and R-O zoning districts) may include a variety of housing types designed to enhance the natural environmental, conserve energy, recognize, and to the maximum extent possible, preserve and promote the unique character of neighborhoods, with provisions for a mix of limited commercial development. For purposes of this section, "limited commercial development" means uses listed in the B-1 neighborhood service district (article 10 of this chapter), within the parameters set forth below. All uses within the PUD must be sited and designed such that the activities present will not detrimentally affect the adjacent residential neighborhood. The permitted number of residential dwelling units shall be determined by the provision of and proximity to public services and subject to the following limitations: 2.b.1) On a net acreage basis, is the average residential density in the project (calculated for residential portion of the site only) consistent with the development densities set forth in the land use guidelines of the city growth policy? Yes. The development proposes single family detached houses which is an allowed use in the R-1 zone district. In addition, the applicant is requesting a relaxation to allow two townhouse units. This use is unique in adding two affordable units which are needed and desired by the community. The size of the subject site is adequate to serve these two additional lots, and does not detract from the intent of the R-1 zoning district. It is consistent with the development surrounding the subject property. 2.b.2) Does the project provide for private outdoor areas (e.g., private yards, patios and balconies, etc.) for use by the residents and employees of the project which are sufficient in size and have adequate light, sun, ventilation, privacy and convenient access to the household or commercial units they are intended to serve? Yes. Every lot and/or home has access to private outdoor space. There are common open space lots that will provide pedestrian amenities. 2.b.3) Does the project provide for outdoor areas for use by persons living and working in the development for active or passive recreational activities? Yes. As discussed previously, there is ample open space in and around the development and larger neighborhood parks nearby. 49 City Commission Findings of Fact and Order for Shady Glen Preliminary Planned Unit Development, 22293 Page 37 of 45 2.b.4) If the project is proposing a residential density bonus as described below, does it include a variety of housing types and styles designed to address community wide issues of affordability and diversity of housing stock? Not applicable. 2.b.5) Is the overall project designed to enhance the natural environment, conserve energy and to provide efficient public services and facilities? Yes. Shady Glen is designed and intended to achieve a vibrant infill project while creating a distinct identity and connecting to natural areas and open space. City Commission Findings: No. Refer to Commission findings above. The Commission found that the project fails to protect the existing watercourse and wetlands because the proposal is to encroach into the wetland setback and proposals to mitigate the impact of development in these sensitive natural areas would likely be insufficient to protect them, particularly in the long term. In addition, the Commission found that while the proposal was protecting sensitive areas through the wildlife refuge, it limited public access to the resource by proposing reduced parking for the residents, effectively excluding public access to the wildlife refuge. 2.b.6) Residential density bonus. If the project is proposing a residential density bonus (30 percent maximum) above the residential density of the zoning district within which the project is located and which is set forth in article 8 of this chapter, does the proposed project exceed the established regulatory design standards (such as for setbacks, off-street parking, open space, etc.) and ensure compatibility with adjacent neighborhood development? The number of dwelling units obtained by the density bonus shall be determined by dividing the lot area required for the dwelling unit type by one plus the percentage of density bonus sought. The minimum lot area per dwelling obtained by this calculation shall be provided within the project. Those dwellings subject to chapter 10, article 8, shall be excluded in the base density upon which the density bonus is calculated. Not applicable. 2.b.7) Limited commercial. If limited commercial development, as defined above, is proposed within the project, is less than 20 percent of the gross area of the PUD designated to be used for offices or neighborhood service activities not ordinarily allowed in the particular residential zoning district? No limited commercial is proposed. 2.b.8) Does the overall PUD recognize and, to the maximum extent possible, preserve and promote the unique character of neighborhoods in the surrounding area? Yes. Shady Glen will have its own, unique character reinforced through architecture, site design and circulation. Visual and physical connections to adjacent neighborhoods and 50 City Commission Findings of Fact and Order for Shady Glen Preliminary Planned Unit Development, 22293 Page 38 of 45 shared open space transitions will promote its individuality as well as allow it to blend in with the pattern of the larger neighborhood. City Commission Findings: No. Refer to Commission findings above. Shady Glen is not adequately incorporated into the neighboring development because the only connection is through an existing condominium development. This condition, along with other proposed transportation design relaxations, creates elements of a “gated community.” No traffic circulation is able to occur because of the one point of access, terminating in a cul-de-sac. The pedestrian access point on the north of the cul-de-sac is insufficient to provide the required compliance with this standard. In addition, the design and layout does not provide opportunity for the general public to park adjacent to the public areas and enjoy the benefits of the open space and wildlife refuge. Due to the reduced street frontage and parking along with the lack of connectivity to other neighborhoods, the proposed natural amenities and recreational opportunities are accessible primarily to residents or to those who are able to walk or bike there via nearby trails, which has the effect of privatizing a public access amenity. SECTION 7 – FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS A. PURSUANT to Chapter 38, Division 38.230, 38.430, BMC, and other applicable sections of Chapter 38, BMC, public notice was given, opportunity to submit comment was provided to affected parties, and a review of the preliminary planned unit development described in these findings of fact was conducted. The applicant presented to the City a proposed preliminary plan for a planned unit development to allow a residential development with relaxations to zoning regulations and City standards which is affiliated with a preliminary plat application (application 22294). B. The purposes of the preliminary planned unit development review were to consider all relevant evidence relating to public health, safety, welfare, and the other purposes of Chapter 38, BMC; to evaluate the proposal against the criteria and standards of Chapter 38 BMC, BMC; and to determine whether the planned unit development should be approved, conditionally approved, or denied. C. The matter of the preliminary planned unit development was considered by the City Commission at a public hearing on March 21, 2023 at which time the Department of Community Development Staff reviewed the project, submitted and summarized the conditions of approval, clarified unresolved issues and summarized the public comment submitted to the City prior to the public hearing. D. The City Commission requested public comment at the public hearing on March 21, 2023 and 11 members of the public offered testimony on the application as submitted. 51 City Commission Findings of Fact and Order for Shady Glen Preliminary Planned Unit Development, 22293 Page 39 of 45 E. It appeared to the City Commission that all parties and the public wishing to examine the proposed preliminary PUD and offer comment were given the opportunity to do so. After receiving the recommendation of the relevant advisory bodies established by Section Chapter 38, BMC, and considering all matters of record presented with the application and during the public comment period defined by Chapter 38, BMC, the City Commission found that the proposed preliminary PUD does not comply with the requirements of the Bozeman Municipal Code or the Growth Policy. Commission findings supporting the denial of the application, as presented above, are incorporated by reference here. Therefore, being fully advised of all matters having come before them regarding this application, the City Commission denied the PUD application. F. The preliminary PUD does not meet the criteria of Applicable Plan Review Criteria outlined in Section 38.230.100, BMC and the Planned Unit Development Review Criteria outlined in Section 38.430.090.E, BMC, and is therefore denied for the reasons described in the analysis section and summarized below: a. The Commission found that the relaxations requested, specifically 2, 3, 4 and 5, presented an unacceptable departure from code provisions designed to protect public health, welfare, and safety. The Commission noted the intent and requirement of a PUD is to provide a superior outcome to the community at large, and not just to the developer. b. The Commission noted that the single point of public vehicular access and its proximity to the secondary gated and locked access could leave the majority of proposed homes vulnerable and not able to receive emergency services in a natural disaster or other life threatening event. The requested relaxations would have negative impacts to public health and safety and the proposed PUD does not provide a superior outcome for the community, as required for approval. G. Pursuant to 38.250.090, this City Commission decision may be appealed as authorized by state law. DATED this ________ day of _____________________, 2023 BOZEMAN CITY COMMISSION _________________________________ CYNDY ANDRUS 52 City Commission Findings of Fact and Order for Shady Glen Preliminary Planned Unit Development, 22293 Page 40 of 45 Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 53 City Commission Findings of Fact and Order for Shady Glen Preliminary Planned Unit Development, 22293 Page 41 of 45 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The subject property is zoned R-1, Residential Low Density District. The intent of the R-1 district is to provide for primarily single-household residential development and related uses within the city at urban densities. 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) 54 City Commission Findings of Fact and Order for Shady Glen Preliminary Planned Unit Development, 22293 Page 42 of 45 The subject property is designated as 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, 55 City Commission Findings of Fact and Order for Shady Glen Preliminary Planned Unit Development, 22293 Page 43 of 45 and some neighborhood-serving commerce provide activity centers for community gathering and services. The Urban Neighborhood designation indicates that development is expected to occur within municipal boundaries. This may require annexation prior to development. This proposed development is well-suited to implement the Urban Neighborhood by providing lots that will support detached residential lots as well as two townhouse lots with affordable housing units. The urban neighborhood designation recognizes that at times lower densities may develop due to site constraints and/or natural features. The presence of water features and wetlands on this site, as well as the access constraints limit the density that can be realized on the property. However, the density provided is meeting the minimum of 5 dwelling units per acre when the critical lands and common open space lands are removed from the gross lot size. The townhouse and multi-household lots will support construction of “missing middle” housing which is contemplated throughout the Bozeman Community Plan 2020. The proposed development is also located in a central area with relatively quick access to a variety of goods and services. The planned unit development is being reviewed concurrently with the Shady Glen Major Subdivision Preliminary Plat, Application 22294. 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 potential for additional persons in the area. The site has a Walk Score of 34, a Transit score of 7, and a Bike Score of 44. Average scores for the city as a whole are out of 100: Walk Score 47; Transit Score 21; and Bike Score 62 These values are provided by Walk Score, a private organization which presents information on real estate and transportation through walkscore.com. The algorithm which produces these numbers is proprietary. A score is not an indication of safety or continuity of services or routes. Scores are influenced by proximity of housing, transit, and services and expected ability, as determined by the algorithm, to meet basic needs without using a car. This site is an infill development, surrounded by existing residential uses with complimentary uses such as schools, parks, grocery 56 City Commission Findings of Fact and Order for Shady Glen Preliminary Planned Unit Development, 22293 Page 44 of 45 stores, and employment opportunities within a relatively short distance. There are no adopted development standards relating to the walk score. The proposed development is adjacent to Glen Lake Rotary Park and is approximately .16 miles from Story Mill Park. The PUD is adjacent to an existing commercial neighborhood to the south. While some of the businesses are heavier commercial uses that may not provide daily services, there is a close coffee shop, convenience store, meadery, brewery among other services that will provide daily destinations to future residents of the Shady Glen Subdivision. In addition, Story Mill Community Center is.16 miles away. A unique outcome of the design of the PUD is many of these amenities are closer to walk to than they are to drive due to the emergency access that serves as a dual pedestrian access. This design will further the walkability goal of the growth policy. The proposed planned unit development 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-1.11 Enable a gradual and predictable increase in density in developed area over time N – 3.3 Encourage distribution of affordable housing units throughout the City with priority given to locations near commercial, recreational, and transit assets. N-3.8 Promote the development of “Missing Middle” housing (townhouses, multi-household) APPENDIX B – DETAILED PROJECT DESCRIPTION Project Background and Description A preliminary planned unit development (PUDP) application by the applicant, Bechtle Architects, 4515 Valley Commons Drive 201, Bozeman, MT 59718, representing the property owner Bridger Center LLC, Thomas Murphy, 280 W Kagy Blvd Ste D-105 Bozeman, MT 59715. APPENDIX C – NOTICING AND PUBLIC COMMENT Notice was provided at least 15 and not more than 45 days prior to the close of the public comment period/City Commission public hearing per BMC 38.220.420, The public notice period for this application is set to run from February 26 through March 21, 2023, with publications in the legal advertisements section of the Bozeman Daily Chronicle on Sunday, February 26, and Sunday, March 5, 2023. The applicant posted public notice on the subject property on February 26, 2023. The applicant sent public notice to all landowners of record within 200-feet of the subject property via first class mail, on February 24, 2023. At the time this report was written, 97 public comments had been received. 57 City Commission Findings of Fact and Order for Shady Glen Preliminary Planned Unit Development, 22293 Page 45 of 45 APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF Owner: Bridger Center LLC, Thomas Murphy, 280 W Kagy Blvd Ste D-105, Bozeman, MT 59715 Applicant: Bechtle Architects, Nicole Boteilho, 4515 Valley Commons Drive 201, Bozeman, MT 59718 Representative: Morrison Maierle, Mike Hickman, 2880 Technology Blvd, Bozeman, MT 59718 Report By: Lynn Hyde, Development Review Planner FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this planned unit development. ATTACHMENTS Application materials – Available through the Laserfiche archive, the full file is linked below. https://weblink.bozeman.net/WebLink/Browse.aspx?id=265046&dbid=0&repo=BOZEMAN as well as digitally at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. 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=21-201 Public Comment: Note the public comment is housed under the subdivision folder and titled, Shady Glen, App 22294 https://weblink.bozeman.net/WebLink/Browse.aspx?id=273209&dbid=0&repo=BOZEMAN Bozeman Municipal Code January 3, 2022 Reference Copy – Chapter 38 Bozeman Municipal Code Jan 3, 2022 Reference Copy -Chapter 38.pdf 58 Memorandum REPORT TO:City Commission FROM:Lynn Hyde, Planner Brian Krueger, Development Review Manager Erin George, Deputy Director of Community Development Anna Bentley, Director of Community Development SUBJECT:Approve and Authorize the Mayor to Sign the Findings of Fact and Order on Behalf of the City Commission, Denying the Shady Glen Major Subdivision Preliminary Plat, Application 22294 (Quasi-Judicial) MEETING DATE:May 2, 2023 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION:Approve and Authorize the Mayor to Sign the Findings of Fact and Order on Behalf of the City Commission, Denying the Shady Glen Major Subdivision Preliminary Plat as Minimum Zoning Regulations are Not Met. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:The Department of Community Development received a Preliminary Plat Application on September 2, 2022 requesting to subdivide 11.87 acres to create 16 residential lots, two of which are proposed to be deed restricted affordable housing lots for townhouses, and 5 common open space lots. Common open space Lot 3 is a 7.129 acre lot proposed to be set aside as a wildlife refuge. The site is currently undeveloped. The property will have access to Commercial Drive. The property is zoned R-1. On December 22, 2022 the Development Review Committee (DRC) found the application sufficient for continued review and recommends the conditions and code provisions as identified in the staff report. The subdivider did not request any subdivision or zoning variances with this application however the preliminary plat approval is reliant upon the approval of the PUD, Application 22293. The Community Development (CD) Board, acting in their capacity as the Planning Board reviewed the application on March 6, 2023. The Planning Board is the advisory board to the City Commission on this application. The Planning Board motion to recommend approval with recommended 59 conditions passed, 4-3. The City Commission held a public meeting on the application on March 21, 2023. Based on the vote to deny the Planned Unit Development as outlined in application 22293 Findings of Fact for the Shady Glen PUD, a new motion was made by the Commission: “Having reviewed and considered the application materials, public comment, and all the information presented, I move to deny application 22294 and find that the application no longer meets zoning requirements as a result of the Commission’s denial of preliminary PUD application number 22293.” Upon further discussion of the motion, the City Commission made individual findings that the application does not meet the zoning criteria due to the denial of the PUD application. The Commission unanimously voted in favor of the motion, therefore denying the preliminary plat application. A summary of the Commission’s findings can be found in Section 7 – Findings of Fact, Order of Appeal and Provisions. Analysis of the Commission’s alternative findings can be found in Section 6 – Staff Analysis and Findings. UNRESOLVED ISSUES:There are no unresolved issues with this application. ALTERNATIVES:Approval of the Findings of Fact and Order as drafted; Approval of the Findings of Fact and Order with modifications; As determined by the City Commission. FISCAL EFFECTS:There are no fiscal effects with this application. Attachments: FIndings of Fact and Order for Shady Glen PP 22294.pdf Report compiled on: April 20, 2023 60 Page 1 of 34 Bozeman City Commission Findings of Fact and Order for the Shady Glen Major Subdivision Preliminary Plat; Application No. 22294 Community Development Board, acting in their capacity as the Planning Board, considered the application at their March 6, 2023 meeting and the motion recommending conditional approval passed, 4-3. City Commission public hearing was held at their Tuesday, March 21, 2023 meeting and the motion to deny the application passed, 5-0. Project Description: A major preliminary plat subdivision application requesting to subdivide 11.87 acres into 16 residential lots (two of which are proposed to be deed restricted affordable housing lots) and 5 common open space lots (one of which is proposed to be a 7.129 acre wildlife refuge). The subdivision is being reviewed concurrently with the Shady Glen preliminary planned unit development (PUDP), Application 22293. Project Location: The property is legally described as Bridger Creek Subdivision, Tract 1-A, Plat J-200K, COS 885, Amended Plat of Lot 57A of the Amended Plat Lots 56, 57 & 58A of Bridger Creek Subdivisions Phase 1, Section 31, Township 1 South, Range 6 East, P.M.M., City of Bozeman, Gallatin County, Montana. Staff Finding: The application conforms to standards and is sufficient for approval with conditions and code provisions. City Commission Motion: Having reviewed and considered the application materials, public comment, and all the information presented, I move to deny application 22294 and find that the application no longer meets zoning requirements as a result of the Commission’s denial of preliminary PUD application number 22293. Report Date: April 11, 2023 Staff Contact: Lynn Hyde, Development Review Planner Lance Lehigh, 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. Ninety seven written public comments have been received as of the writing of this report. The public comments can be viewed in the City’s Laserfiche archive and available to the public. The City Commission’s Findings of Fact and Order on application 22293 are essential to the findings relevant to this application and are incorporated herein by reference. 61 22294 Findings of Fact and Order for Shady Glen Subdivision Page 2 of 34 Unresolved Issues. The subdivision is reliant upon an approved PUD before it can be approved. In addition, staff has 5 recommended conditions of approval noted in Section 3 below found on page 9. Project Summary The Department of Community Development received a Preliminary Plat Application on September 2, 2022 requesting to subdivide 11.87 acres to create 16 residential lots, two of which are proposed to be deed restricted affordable housing lots for townhouses, and 5 common open space lots. Common open space Lot 3 is a 7.129 acre lot proposed to be set aside as a wildlife refuge. The site is currently undeveloped. The property will have access to Commercial Drive. The property is zoned R-1. On December 22, 2022 the Development Review Committee (DRC) found the application sufficient for continued review and recommends the conditions and code provisions identified in this report. The subdivider did not request any subdivision or zoning variances with this application however the preliminary plat approval is reliant upon the approval of the PUD, Application 22293. The Community Development (CD) Board, acting in their capacity as the Planning Board reviewed the application on March 6, 2023. The Planning Board is the advisory board to the City Commission on this application. The Planning Board motion to recommend approval with recommended conditions passed, 4-3. The link to view the full CD Board meeting is provided. The City Commission held a public meeting on the application on March 21, 2023. Based on the vote to deny the Planned Unit Development as outlined in application 22293 Findings of Fact for the Shady Glen PUD, a new motion was made by the Commission: “Having reviewed and considered the application materials, public comment, and all the information presented, I move to deny application 22294 and find that the application no longer meets zoning requirements as a result of the Commission’s denial of preliminary PUD application number 22293.” Upon further discussion of the motion, the City Commission made individual findings that the application does not meet the zoning criteria due to the denial of the PUD application. The Findings of Fact for PUD application 22293 are incorporated by reference and attached to these findings of fact. The Commission unanimously voted in favor of the motion, therefore denying the preliminary plat application. A summary of the Commission’s findings can be found in Section 7 – Findings of Fact, Order of Appeal and Provisions. Analysis of the Commission’s alternative findings can be found in Section 6 – Staff Analysis and Findings. The link to view the full City Commission meeting is provided. 62 22294 Findings of Fact and Order for Shady Glen Subdivision Page 3 of 34 TABLE OF CONTENTS EXECUTIVE SUMMARY ............................................................................................................ 1 Unresolved Issues. .............................................................................................................. 2 Project Summary ................................................................................................................. 2 SECTION 1 – MAP SERIES .......................................................................................................... 4 SECTION 2 – REQUESTED VARIANCES ................................................................................. 9 SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL ............................................ 9 SECTION 4 – CODE REQUIREMENTS .................................................................................... 10 SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS ............................................ 15 SECTION 6 – STAFF ANALYSIS AND FINDINGS ................................................................ 16 Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC. .......................... 16 Applicable Review Criteria, Bozeman Municipal Code ................................................... 18 38.220.060 Documentation of compliance with adopted standards ................................. 23 SECTION 7 – FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 27 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 31 APPENDIX B – DETAILED PROJECT DESCRIPTION .......................................................... 33 APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 34 APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................. 34 FISCAL EFFECTS ....................................................................................................................... 34 ATTACHMENTS ......................................................................................................................... 34 63 22294 Findings of Fact and Order for Shady Glen Subdivision Page 4 of 34 SECTION 1 – MAP SERIES Exhibit 1 – Zoning 64 Page 5 of 34 Exhibit 2 – Community Plan 2020 Future Land Use 65 Page 6 of 34 Exhibit 3 – Current Land Use 66 22294 Findings of Fact and Order for Shady Glen Subdivision Page 7 of 34 Exhibit 4 – Preliminary Plat 67 22294 Findings of Fact and Order for Shady Glen Subdivision Page 8 of 34 Exhibit 5 – Landscaping Plan 68 Page 9 of 34 SECTION 2 – REQUESTED VARIANCES The subdivider did not request any subdivision or zoning variances with this preliminary plat application, however the preliminary plat is not approvable without a favorable motion on the PUD that was reviewed and discussed concurrently, Shady Glen PUD, Application 22293. The City Commission did not approve the PUD and therefore, the subdivision must comply with all standards as presented in the municipal code. 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 approved affordable housing plan must be recorded concurrent with the final plat and a reference to the recorded document must be provided on the conditions of approval page of the final plat. The reference on the conditions of approval sheet must be, “This subdivision is subject to affordable housing requirements to satisfy planned unit development requirements voluntarily opted into by the subdivider. The subdivision’s requirements and obligations can be found in the Shady Glen Affordable Housing Plan recorded as document no.__________ at the Gallatin County Clerk and Recorders Office.” This condition is satisfied with the recording of the final plat mylars and the affordable housing plan for the subdivision. The Clerk and Recorder should write in the document number for the recorded affordable housing plan on the conditions of approval sheet prior to the filming/scanning of the final plat. 2. The subdivider must install perpetual wetland boundary markers on the watercourse setback line on Lots 8, 9 & 10 prior to final plat approval. The wetland boundary markers proposed must be approved by the Community Development Department prior to installation. 3. Building Design Guidelines must be established and include a requirement applicable to all lots within the wetland buffer, and backing up to existing wetlands to ensure proper stewardship of the adjacent critical lands. At a minimum they must include the below: i. The back yard areas of lots near the wetlands will be filled ‘close to street level’ in order to create a fill slope at the back lot lines while will be planted with native grasses. Storm runoff from top slopes will drain as sheet flow over the slope, and the vegetation will ‘intercept, filter and infiltrate’ any runoff that does occur. This creates a buffer to protect the undeveloped floodplain and wetland areas from sediment and nutrients. 69 22294 Findings of Fact and Order for Shady Glen Subdivision Page 10 of 34 ii. The HOA/POA require homeowners to use phosphorous-free fertilizers and to not dispose of trash, grass clippings or yard waste within the wetland buffer. Signage will be included noting the restrictions of pets from the wildlife refuge. The covenants will also include a requirement to install and maintain continuous fencing along the wildlife preserve. iii. In accordance with MPDES stormwater discharge requirements, any construction related sediment will be intercepted during construction with a silt fence, wattles or other filtration measures. 4. The subdivision must install a fence along the southern boundary of the proposed Shady Glen Wildlife Refuge adjacent to the Bridger Center Subdivision and on the east along the boundary with the proposed residential lots in this development. The fence design and materials must be approved by the Community Development Department prior to installation. Fence materials must limit passage of materials and equipment, minimize visual impact, and maximize durability and longevity. Fence installation must be completed prior to final plat; financial guarantee of this work is not allowed. 5. The applicant shall complete construction or other provision of all identified public benefits which were the basis of the planned unit development qualifying for review and all amenities depicted on the preliminary planned unit development application materials prior to the issuance of the 9th building permit (approximately 50% complete) within the development. This includes the construction of the two affordable townhomes, the completion of the improvements associated with Common Open Spaces 03 & 04, as well as the way-finding improvements. This obligation must be included on the Conditions of Approval sheet of the associated 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. 38.220.020 & 38.610.050. Prior to final plat approval, the applicant must provide the Community Development Department with a written statement of a wetland boundary determination from the U.S. Army Corps of the wetland status. If the wetlands are determined to be jurisdictional, an approved 404 permit for any changes to the wetland must be submitted to the Community Development office prior to final plat approval. 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.) must be obtained by the applicant. Approved stream and wetland permits shall be provide prior to public infrastructure approval for public infrastructure impacts to jurisdictional wetland 70 22294 Findings of Fact and Order for Shady Glen Subdivision Page 11 of 34 and streams. Permits and a FEMA approved LOMR-F must be provided prior to final plat approval. 3. BMC 38.220.070. 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. 4. BMC 38.220.070.A.7. 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 (POA) of any open space proposed to be conveyed to the POA 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 POA 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. 5. BMC 38.220.070. The final plat must contain the following notation on the Conditions of Approval sheet: a. The responsibility of maintenance for the stormwater facilities, stormwater open space lots, pedestrian open space lots and street frontage landscaping for the perimeter streets must be that of the property owners’ association. Maintenance responsibility must include, all vegetative ground cover, boulevard trees and irrigation systems in the public right-of-way boulevard strips along all external perimeter development streets. The property owners’ association must be responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all perimeter street frontage landscaping and stormwater facilities and all open space landscaping. b. Due to known high groundwater conditions in the area no basements will be permitted with future development of the site. No crawl spaces will be permitted with future development of the site, unless a professional engineer registered in the State of Montana certifies that the lowest point of any proposed structure is located above the seasonal high groundwater level and provide supporting groundwater data prior to the release of building permit. In addition, sump pumps are not allowed to be connected to the sanitary sewer system. Sump pumps are also not allowed to be connected to the drainage system 71 22294 Findings of Fact and Order for Shady Glen Subdivision Page 12 of 34 unless capacity is designed into the drainage system to accept the pumped water. Water from sump pumps may not be discharged onto streets, such as into the curb and gutter. c. All downstream water user facilities will not be impacted by this subdivision. d. All lots are subject to a ten foot wide front setback utility easement. e. All open space and public access areas are to be owned and maintained by the property owners’ association. 6. BMC 38.220.300 & 310. The POA documents must be finalized and recorded with the final plat. The POA documents must include the requirements of Section 38.220.300 and 310. 7. BMC 38.220.320. In order to disclose to future purchasers their obligations regarding open space established in the Municipal Code the following language shall be included on the Conditions of Approval Sheet of the final plat: “As established by 38.220.320.A, 38.340.150.A.3.d, and other applicable elements of the Bozeman Municipal Code effective on [DATE of Preliminary plat sufficiency determination], ownership of all common open space areas and trails, and responsibility of maintenance thereof and for city assessments levied on the common open space lands shall be that of the property owners’ association. Maintenance responsibility shall include, in addition to the common open space and trails, all vegetative ground cover, and irrigation systems in the public right-of-way boulevard strips along all external perimeter development streets and as adjacent to public parks or other common open space areas. All areas within the subdivision that are designated herein as common open space including trails are for the use and enjoyment by residents of the development and the general public. The property owners’ association shall be responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all common open space areas and trails. At the same time of recording the final plat of the subdivision the subdivider shall transfer ownership of all common open space areas within each phase to the property owners’ association created by the subdivider to maintain all common open space areas within Shady Glen subdivision. 8. BMC 38.220.320. Covenants. Covenants, restrictions, and articles of incorporation for the creation of a POA (Documents) shall be submitted at least 30 working days prior to submitting the final plat application for review by the Department of Community Development and shall contain, but not be limited to the following items: 1) the orientation and setbacks for corner lots, 2) all additional setbacks required when lots are adjacent to pathway corridors and minor arterial roads, 3) provisions for fences, 4) provisions for snow removal, maintenance and upkeep of all common areas, public and private parks, trails, storm water runoff facilities, 5) guidelines that outline architectural and landscape requirements for each individual lot and/or phase of the subdivision, including placement of boulevard trees at a regular spacing for each residential lot, 6) provisions that outline the renewal of an annual contract with a certified landscape nursery person for the upkeep and maintenance of all parklands, common open space, 72 22294 Findings of Fact and Order for Shady Glen Subdivision Page 13 of 34 trails, etc., 7) landscape details for detention ponds, outlet structures, boulevard trees, parkland, irrigation, etc., 8) mitigation of groundwater with established floor elevations, 9) noxious weed control, and 10) assessment of existing and future Special Improvement Districts. These documents shall be executed and submitted with the initial final plat to be filed with the Gallatin County Clerk and Recorder at the time of recording of the final plat. 9. BMC 38.240.150.A.3.d Transfer of ownership of public land, off-site land, private land, personal property, improvements and water rights; documents required. a. For the transfer of real property in satisfaction of required or offered dedications to the city, and required or offered donations or grants to the POA, the subdivider or owner of the property must submit with the application for final plat a warranty deed or other instrument acceptable to the city attorney transferring fee simple ownership to the City or the POA. b. For the transfer of personal property installed upon POA-owned open space, the subdivider must provide the city an instrument acceptable to the city attorney transferring all its rights, title and interest in such improvements including all applicable warranties to such improvements to the City or the POA. c. The subdivider or owner of the property must record the deed or instrument transferring ownership or interest at the time of recording of the final plat with the original of such deed or instrument returned to the City or POA as applicable. d. For the transfer of ownership interest in water, the subdivider or owner of the property must submit with the application for final plat a deed or other instrument acceptable to the City Attorney transferring ownership to the City or POA, along with all required state department of natural resources and conservation documentation, certification and authorization. 10. BMC 38.240.420. If there are liens or mortgages against the property, the appropriate Mortgagee certificate must be included with the final plat. 11. BMC 38.240.450 requires a certificate of completion of improvements. The certificate must specifically list all installed improvements and financially guaranteed improvements. 12. BMC 38.240.520 requires a certificate of completion of non-public improvements. Certificate must specifically list all installed improvements and financially guaranteed improvements. 13. BMC 38.240.530. When irrigation of public facilities are to be installed prior to final plat approval, the final plat of subdivision must contain a certificate of completion of water- related improvements. The certificate must list all completed and accepted improvements, including but not limited to all irrigation system record drawings. The subdivision proposes irrigation of public street frontage. This certificate must be provided on the final plat. 73 22294 Findings of Fact and Order for Shady Glen Subdivision Page 14 of 34 14. BMC 38.270.030, Completion of Improvements. If it is the developer’s intent to file the plat prior to the completion of all required improvements, the developer shall enter an Improvements Agreement with the City of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary plat submittal information and conditions of approval. If the final plat is filed prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 150 percent of the cost of the remaining improvements. 15. BMC 38.270.030. The applicant must submit plans and specifications for water and sewer main extensions, streets, and storm water improvements, prepared and signed by a professional engineer (PE) registered in the State of Montana, which must be provided to and approved by the City Engineer. Water and sewer plans must also be approved by the Montana Department of Environmental Quality. The applicant must also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a preconstruction conference has been conducted. Building permits will not be issued prior to City acceptance of the site infrastructure improvements unless all provisions set forth in Section 38.270.030.C of the Bozeman Municipal Code are met to allow for concurrent construction. 16. BMC 38.400.010. No parking is allowed along the cul-de-sac. No parking signs must be installed prior to final plat approval or financially guaranteed. 17. BMC 38.410.060.A. 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. The recorded easement number must be documented on the final plat. a. The applicant is advised that all dedicated public easements must be recorded using the City’s standard template easement documents separate from the plat and the recorded document number must be listed on the final plat. Easements will be deemed inadequate if they are not in a final draft format (signatures are not required for the draft review). Easements must be stamped by a licensed professional surveyor. In preparing signature blocks on any upcoming documents, please make the following changes: Jeff Mihelich, City Manager; Mike Maas, City Clerk. If a new member is established, the easement documents must be updated. 18. Easements a. BMC 38.410.060. The applicant must provide a ten foot private utility easement (power, gas, communication, etc.) along the development’s property frontage. The applicant may contact the Engineering Department to receive a copy of a utility easement template. The easement must be recorded and provided to engineering prior to final plat approval. The recorded easement number must be written in on the final plat. 74 22294 Findings of Fact and Order for Shady Glen Subdivision Page 15 of 34 b. BMC 38.410.060.A. The final plat must provide and depict 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. c. BMC 38.410.060. The proposed water and sewer lines extending from Shady Glen Lane to Boylan Road reside in a public access and utility easement. The final plat must reference the recorded easement number. 19. BMC 38.410.100. With the final plat, a watercourse planting plan must be prepared that identifies the maintenance of the watercourse setback landscaping. The landscaping identified in the watercourse planting plan must be installed or financially guaranteed prior to final plat approval. 20. BMC 38.410.100. No accessory structures, patios, or recreational equipment (i.e. swingset, trampoline. etc.) can be located within the watercourse setback. This language must be included in the POA documents and covenants. 21. BMC 38.410.120. If mail delivery will not be to each individual lot within the development, the developer shall provide an off-street area for mail delivery within the development in cooperation with the USPS. It shall not be the responsibility of the City to maintain or plow any mail delivery area constructed within a City right-of-way. If cluster boxes are used, a dedicated area to pull up and access the boxes must be provided. 22. BMC 38.410.130.C. If water rights or cash-in-lieu of water rights, have not been provided with final plat, then water rights or cash-in-lieu must be provided with any future site plan 23. BMC 38.420.030. Final payment for cash-in-lieu of parkland will be determined and paid at the time of final plat approval. A parkland table and cash in lieu amount must be printed on the final plat. 24. BMC 38.430.040. The Planned Unit Development Final Plan shall be completed and approved by the City of Bozeman before the approval of the final plat. 25. BMC 38.600.210. A floodplain permit must be submitted and approved prior to final plat approval. SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS The Department of Community Development received a Preliminary Plat Application on September 2, 2022 requesting to subdivide 11.87 acres to create 16 residential lots, two of which are proposed to be deed restricted affordable housing lots for townhouses, and 5 common open space lots. Common open space Lot 3 is a 7.129 acre lot proposed to be set aside as a wildlife refuge. The site is currently undeveloped. The property will have access to Commercial Drive. The property is zoned R-1. On December 22, 2022 the Development Review Committee (DRC) found the application sufficient for continued review and recommends the conditions and code provisions identified in this report. 75 22294 Findings of Fact and Order for Shady Glen Subdivision Page 16 of 34 The subdivider did not request any subdivision or zoning variances with this application however the preliminary plat approval is reliant upon the approval of the PUD, Application 22293. The Community Development (CD) Board, acting in their capacity as the Planning Board reviewed the application on March 6, 2023. The Planning Board is the advisory board to the City Commission on this application. The Planning Board motion to recommend approval with recommended conditions passed, 4-3. The link to view the full CD Board meeting is provided. The City Commission held a public meeting on the application on March 21, 2023. Based on the vote to deny the Planned Unit Development as outlined in application 22293 Findings of Fact for the Shady Glen PUD, a new motion was made by the Commission: “Having reviewed and considered the application materials, public comment, and all the information presented, I move to deny application 22294 and find that the application no longer meets zoning requirements as a result of the Commission’s denial of preliminary PUD application number 22293.” Upon further discussion of the motion, the City Commission made individual findings that the application does not meet the zoning criteria due to the denial of the PUD application. The Findings of Fact for PUD application 22293 and are incorporated by reference and attached to these findings of fact. The Commission unanimously voted in favor of the motion, therefore denying the preliminary plat application. A summary of the Commission’s findings can be found in Section 7 – Findings of Fact, Order of Appeal and Provisions. Analysis of the Commission’s alternative findings can be found in Section 6 – Staff Analysis and Findings. The link to view the full City Commission meeting is provided. 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. 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. 76 22294 Findings of Fact and Order for Shady Glen Subdivision Page 17 of 34 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. City Commission Findings: Part 5 of the Montana Subdivision and Platting Act authorizes municipalities to adopt local regulations governing subdivisions. The City of Bozeman has adopted local regulations in accordance with state law. As described more fully in criterion 4 below, the Commission found the Shady Glen preliminary plat application does not comply with local subdivision regulations found in Chapter 38, Articles 3, 4, and 6 of the Bozeman Municipal Code. Specifically, the application does not comply with Montana Code Annotated sections 76- 3-504(1)(e), (f), and (g)(i), nor does the proposal comply with associated local regulations regarding permitted uses, street design and connectivity, public access, unnecessary environmental degradation (including development within watercourse setbacks); danger of injury to public health, safety and welfare in diminished ability to provide public services in the event of fire and flood hazards due to the secondary gated and locked access and a single access cul-de-sac extending away from the two means of emergency access. For additional findings, see the attached findings of fact for the associated PUD. This criterion is not met. 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 meeting were properly noticed in accordance with state law and the Bozeman Municipal Code. The subdivider requested review of this subdivision under the terms of 76-3-616 MCA as authorized in BMC 38.240.100. The Department of Community Development received a preliminary plat application on September 2, 2022. The DRC reviewed the preliminary plat application and determined the submittal did not contain detailed, supporting information that was sufficient to allow for the continued review of the proposed subdivision on October 12, 2022. A revised application was received on October 24, 2022. The DRC determined the application was adequate for continued review on December 22, 2023 and recommended conditions of approval and code corrections for the staff report. 77 22294 Findings of Fact and Order for Shady Glen Subdivision Page 18 of 34 The City scheduled public notice for this application for publication in the legal advertisements section of the Bozeman Daily Chronicle on Thursday, February 23, 2023 for postings on Sundays, February 26, 2023 and March 5, 2023. The applicant posted public notice on the subject property on February 26, 2023. The applicant sent public notice to all landowners of record within 200-feet of the subject property via first class mail, on February 24, 2023. Ninety seven public comments had been received on this application as of the writing of this report. 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. Applicable Review Criteria, Bozeman Municipal Code In considering applications for approval the advisory boards and City Commission shall consider applicable Bozeman Municipal Code (BMC) sections. The subdivision as proposed (and with Recommended Conditions of Approval and Code Requirements), complies with the BMC except where noted. Where the proposal does not comply with the BMC, the applicant has requested relaxations through the concurrent PUDP application (Application 22293). BMC 38.310.030, Table 38.310.030.A In accordance with the table of permitted uses in residential zones, townhouses are not a permitted housing typology in the R-1 zoning district. The applicant has requested through the PUD process to allow townhouses as a permitted use. The applicant desires to provide affordable housing units on these two lots. Previously townhouses were a permitted use in the R-1 zoning district in order to satisfy the affordable housing provisions in the inclusionary zoning state permitted legislature. Since that time, the State Legislature has removed the ability for local municipalities to require affordable housing, and with the redaction of the affordable housing ordinance, the ability to allow deed restricted affordable townhouse/rowhouse units in the R-1 zoning district was also removed from the code. As the applicant is desiring to voluntarily provide affordable housing, staff finds this request supports the growth policy goals, however an approved PUD is required as the subdivision application is not currently in compliance with this code section. The concurrent Shady Glen Preliminary PUD must be approved prior to the preliminary plat being approvable and before the applicant may submit a final plat. The Shady Glen Final PUD must be approved before the subdivision final plat can be approved. 78 22294 Findings of Fact and Order for Shady Glen Subdivision Page 19 of 34 BMC 38.400.010.A.2 “Developers must arrange streets and alleys to provide for the continuation of streets and alleys between adjacent developed properties when such continuation is necessary for the convenient movement of traffic, effective provision of emergency services and efficient provision of utilities.” The layout includes a gated access to Commercial Drive/Endurance Lane which does not provide for the continuation of local streets between developed properties. BMC 38.400.010.A.8 “To facilitate traffic movement, the provision of emergency services and the placement of utility easements all developments must be provided with a second means of access. If, in the judgment of the development review committee (DRC), a second dedicated right-of-way cannot be provided for reasons of topography or other physical conditions, the developer must provide an emergency access, built to the standards detailed in these regulations.” The required right-of-way does not exist to provide a full street as a secondary access. Additional easements would be needed and at this time there is not a willing property owner(s) to provide the secondary access easements. Primary public vehicular access would be via the Links Condominiums to Birdie Drive. The addition, the secondary gated emergency access improves the connectivity for emergency services as well as pedestrians. The emergency access gate is required to be maintained for all-season access. Staff determined an additional full access was not feasible, and the second emergency access is adequate for approval. The concurrent PUD must be approved prior to the preliminary plat being approvable. BMC 38.400.010.A.9 “Culs-de-sac are generally prohibited. The review authority may consider and approve the installation of a cul-de-sac only when necessary due to topography, the presence of critical lands, access control, adjacency to parks or open space, or similar site constraints. Pedestrian walks must be installed at the end of culs-de-sac where deemed appropriate.” Staff finds that a cul-de-sac design for this layout is sufficient. The cul-de-sac is necessary due to adjacency to park, open space and site constraints. A pedestrian walkway was provided at the end of the culs-de-sac to the adjacent pedestrian path on the northeast portion of the subdivision. The cul-de-sac was reviewed by the Engineering Department as well as the emergency services and found to be adequate. BMC 38.410.040.D “Rights-of-way not less than ten feet wide for pedestrian walks are required where deemed necessary to provide circulation or access to parks, open space, schools, playgrounds, shopping centers, transportation, and other community facilities. In addition, no continuous length of 79 22294 Findings of Fact and Order for Shady Glen Subdivision Page 20 of 34 block may exceed 600 feet without intersection a street or pedestrian walk. Pedestrian walks must also be installed at the end of cul-de-sac where deemed appropriate.” The dual access connection to Commercial drive is also serving as a pedestrian right-of-way. In accordance, the pedestrian walks must be maintained by the Shady Glen property owners association and cleared for all season use. The applicant is proposing to construct this facility with asphalt as it is a dual access for both pedestrians/bicyclists as well as vehicular access in case of an emergency. The Fire Department as found this design sufficient to provide service to the neighborhood. In addition to providing secondary access for the proposed subdivision, it also provides secondary access for the commercial development to the south that currently only has one access. City staff finds that this design and maintenance plan is sufficient and meets the requirements of the code. The concurrent PUD must be approved prior to the preliminary plat being approvable. BMC 38.400.050.A “All streets and road providing access to, and within the proposed development must meet the following standards. (1) Right-of-way width and construction standards contained in this chapter. . . and BMC 38.400.060.A. states all street improvements must be designed by and constructed under the supervision of a professional civil engineer, registered in the state, and must meet or exceed the right-of-way and construction standards adopted by the city (including but not limited to an adopted transportation plan or specifications manual) and required for the type of street to be constructed. The subdivision proposed a street section with a 42’ right-of-way instead of a 60’ right-of-way. The street section would be made up with a 5’ wide sidewalk on the west side of the street, and no sidewalks on the east side as there is already a pedestrian facility that travels parallel where a sidewalk would go. In addition, the 8’ parking lane is proposed to be removed from the east side of the street. Removing these components from the street reduces the right-of-way width 18’ which minimizes the encroachment and disturbances into the wetland. Staff supports this design in order to shift the lots to the east where possible in order to mitigate impacts to the wetlands. Staff finds this design proposal impacts the wetlands less than other development alternatives explored. The concurrent PUD must be approved prior to the preliminary plat being approvable. BMC 38.410.040.B. “Block length must not be designed, unless otherwise impractical, to be more than 400 feet in length or less than 300 feet in length. Block lengths may be longer than 400 feet if necessary due to topography, the presence of critical lands, access control, or adjacency to existing parks or open space. In no case may a block exceed 1,320 feet in length. Based on the applicant’s diagram, staff reviewed and concurred that this subdivision is in compliance with this code provision. Due to the unique nature of this subdivision and the layout, 80 22294 Findings of Fact and Order for Shady Glen Subdivision Page 21 of 34 it is somewhat debatable as to what is considered the start of the block. Whether the block is considered to start at the pedestrian right-of-way that connects to Commercial Drive, or if the block starts at Birdie Drive, the road is less than 1,320 feet to the cul-de-sac, thus meeting this code requirement. BMC 38.410.100.A.2.c.4.d “Setback must include connected wetlands. The buffer width must be extended by a minimum of 50 feet beyond the perimeter of the connected wetlands.” The applicant has provided information showing how two wetlands (labeled Wetland 1 and Wetland 2) are connected to the greater watercourses. Therefore the delineated buffer must be extended by a minimum of 50’ beyond the perimeter of the wetlands. The applicant is requesting a reduction to the wetland setback from 50’ to 35’. Condition of Approval 2 requires permanent wetland boundary markers to be placed on site to minimize possible encroachments into the proposed setback. This relaxation is requested in the concurrent PUD application. Staff concurs that the reduced wetland setbacks are adequately mitigated by robust mitigation measures including, on-site infiltration for both the houses as well as the rear yards, requirement for phosphorous-free fertilizers, and the installation of perpetual wetland markers. Refer to Condition of Approval 2 & 3. The concurrent PUD must be approved prior to the preliminary plat being approvable. BMC 38.410.100.A.2.d “No newly constructed residential or commercial structure, addition to an existing structure, fence, deck, fill material (other than that required for exempt uses), parking lot or other impervious surfaces, or other similar improvements may be located within required watercourse setbacks, unless approved through, and in conformance with, a variance or deviation process as authorized in this chapter.” The application proposed to place fill in Lots 3, 4, 8, 9, & 10 as well as in one common open space for utilities. Placement of fill within a watercourse setback is not allowed, thus the applicant has requested a relaxation to this requirement in the concurrent PUD application. The application is proposing to pull fill from an historic railroad bed on site, and place the fill on the backs of Lots 3, 4, 8, 9, 10 & 11. The applicants narrative states, “The combined fill volume below the 100-year flood elevation (i.e., loss of flood storage capacity) will be less than the excavation volume below the 100-year flood elevation west of Lot 5 (i.e., gain in flood storage capacity). In other words, the proposed grading actually increases flood storage volume as compared to existing conditions. This is a rare occurrence for this type of relaxation/variance request in that the proposed plan to place fill within the floodplain would not negatively impact flood conveyance or storage capacity.” A CLOMR permit has already been obtained from the Federal Emergency Management Agency (FEMA) and can be found in the application materials. 81 22294 Findings of Fact and Order for Shady Glen Subdivision Page 22 of 34 Staff supports this relaxation request as it is increasing the floodplain capacity, as well as providing mitigation measures for stormwater runoff from the urban development prior to reaching the wetlands. The concurrent PUD must be approved prior to the preliminary plat being approvable. BMC 38.430.040 “When a subdivision is proposed in conjunction with a zoning planned unit development, the subdivision review must be coordinated with the zoning review. All steps listed in this section apply whether the application is for a subdivision or zoning PUD, and references herein to plan includes plat unless the context clearly indicates otherwise. Approval of a planned unit development consists of three procedural steps: pre-application, preliminary plan, and final plan. All subdivision PUDs must also meet all standards for plats.” The Planned Unit Development (PUD) is being reviewed concurrently with this preliminary plat (PP) application. In order for the PP to be approvable, there must be a favorable motion made on the PUD. The applications are both going to the advisory bodies and decision makers concurrently. Condition of Approval 5 requires the public benefits portion of the PUD must be completed prior to the 9th building permit of the development. This includes the construction of the two affordable townhomes, the completion of the improvements associated with Common Open Spaces 03 & 04, as well as the way-finding improvements. This obligation must be included on the Conditions of Approval sheet of the associated final plat. City Commission Findings: The City Commission found that, because the preliminary planned unit development application and its necessary requested relaxations were denied, the preliminary plat does not comply with multiple zoning standards as detailed in the attached findings for application 22293. Specifically, the commission found that the proposed subdivision does not comply with: PUD requirements 38.430.010, 38.430.030.A.4.c; specific design provisions, including 38.400.080.A.2, 8, and 9 and 38.400.050.A; watercourse setback provisions in 38.410.100.A.2.c; and several of the PUD review criteria in section 38.430.090. Additionally, because the preliminary PUD application was denied in its entirety, this application does not comply with BMC sections 38.310.030 and Table 38.310.030.A, 38.410.040.D, and 38.410.030.A.2.d. 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 Provision No. 4, 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. 82 22294 Findings of Fact and Order for Shady Glen Subdivision Page 23 of 34 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 If the PUDP is approved, along with the relaxation requests, the final plat will provide legal and physical access to each parcel within the subdivision. All of the proposed lots will have frontage on public streets constructed to City standards with lot frontage meeting minimum standards shown on the preliminary plat. 38.220.060 Documentation of compliance with adopted standards The Development Review Committee (DRC) completed a subdivision pre-application plan review on June 1, 2022 and no waivers or variances were requested. Staff offers the following summary comments on the documents required with BMC 38.220.060, BMC. 38.220.060.A.1 – Surface water All surface waters and delineated floodplains have been mapped. Over 60% of the site is proposed to be set aside in common open space including a wildlife refuge. This provides many benefits, including the ability to leave much of the surface water undisturbed. Refer to Section 4 Compliance with Chapter 38, BMC and other relevant regulations above in regards to impacts to wetland setbacks as well as fill in the floodplain. 38.220.060.A.2 - Floodplains A FIS (Flood Insurance Study), dated September 2, 2011 and published by FEMA, covers the East Gallatin River floodplain in the project area. Applicable floodplain permits will or have been applied for. Minimal fill is proposed in the floodplain and is discussed above under Section 4 Compliance with Chapter 38, BMC and other relevant regulations. 38.220.060.A.3 - Groundwater The groundwater was monitored both in 2015 as well as 2020 to determine ground water depth variations. The levels ranged from 3.6’ to 7.1’. The development areas will have fill brought in to create an elevation suitable for development as well as to create a desired grade for gravity sewer mains. This additional fill will create additional space between the groundwater and future development. Code Provision No. 5c prohibits basements and crawl spaces due to the known high groundwater. 38.220.060.A.4 - Geology, Soils and Slopes This subdivision is located on a sloping formation of alluvial materials overlying Tertiary and Quaternary age alluvial sediments, which is typical in the Gallatin Valley. No geologic hazards were identified, thus no protective measures were necessary. 38.220.060.A.5 - Vegetation The vegetation on site consist of Palustrine Scrub/shrub broadleaf deciduous forest, wetlands, and a fallowed hay pasture grassland. The forested areas are dominated by sandbar willow, red- osier dogwood, woods rose, quaking aspen and Bebb’s willow, alder, and canary reed grass. The 83 22294 Findings of Fact and Order for Shady Glen Subdivision Page 24 of 34 wetland areas of the site are characterize by plant communities typically found in riparian areas or areas Saturday by groundwater conditions including, but not limited to: reed canary grass; beaked sedge; wooly sedge; wheat sedge; round-fruit rush; Colorado rush; Baltic rush; common cattail; and common spike-rush. There are also noxious weeds onsite. A weed management plan was submitted to, and approved by, Gallatin County. The application also notes they have removed approximately 2 tons of household trash from four homeless camps located within the Aspen grove on the property. While the development will naturally disturb vegetation where homes are proposed, however the remainder of the site will be improved to a superior environmental condition, and preserved. Areas disturbed during construction will be reclaimed through plantings of diverse riparian vegetation consisting of riparian grasses, forbs, scrub/shrubs and trees that tolerate saturated to semi-saturated soil conditions. The applicants narrative states, “Best Management Practices (BMPs) will be installed prior to project initiation to ensure that storm runoff from the areas of ground disturbance will be contained and treated onsite during and after construction. Low Impact Development (LID) designs such as infiltration galleries and biofiltration will be incorporated into the project’s final landscape design. These design features will help with water conservation.” 38.220.060.A.6 - Wildlife The undeveloped site is home to existing wildlife. The applicant’s narrative states “large ungulates such as white tail deer, moose and possible mule deer inhabit the property during different seasons. Smaller mammals consisting of squirrels, raccoons, rabbits, skunks, beavers, mink and possible otters frequent the property periodically. Avian species notably a variety of raptors, songbirds, wading birds, upland birds, waterfowl, and cranes have been viewed on the property. Naturally, development of a site will disturb the existing ecosystem. This site is inside city limits and urban type development is anticipated. The applicant is proposing to leave over 60% in a wildlife refuge. The lack of human intrusion on these 7.13 acres allows wildlife a secure place to shelter and feed. In addition, this park is contiguous with Glen Lake Rotary Park which extends the natural setting of the existing park and allows for fluid migration for wildlife without crossing the urban interface. The wildlife refuge will protect wildlife movement areas and the existing federally protected wetlands, water bodies, and wildlife habitats from human impacts. In addition, the Shady Glen HOA will require homeowners with lot lines adjoining the wildlife preserve to provide fencing to protect wildlife from pets and vice versa. A representative from the Montana Fish, Wildlife & Parks stated “This development alone is not likely to negatively impact big game at a population level for several reasons. It represents a small parcel (about 12 acres), most of which will be preserved in open space. This open space is currently planned to be adjacent to other open space lands owned by the City of Bozeman and along the banks of the East Gallatin River. Placing open space lands together amplifies the benefits of the open space to wildlife. The proposed area is not in a crucial big game winter 84 22294 Findings of Fact and Order for Shady Glen Subdivision Page 25 of 34 range nor a known migration corridor for big game species. Finally, the area is proximate to other major developments at the outskirts of Bozeman”. In order to minimize human and wildlife conflict, the trails are not being placed on the wildlife refuge. In addition, Condition 4 above requires the applicant to construct a fence between the wildlife refuge and the commercial users to the south to minimize user conflict. Lot owners will be required to install fencing along the west lot lines, bordering the wildlife refuge to provide separation between the wildlife and residential units. 38.220.060.A.7 - Agriculture This subdivision will not impact agriculture. There is no agricultural production on the property. The subject property is designated as Urban Neighborhood according to the City of Bozeman Community Plan and anticipated urban development. 38.220.060.A.8 - Agricultural Water User Facilities This subdivision will not impact agricultural water user facilities. No irrigation facilities are present on the lots. 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. 38.220.060.A.10 - Stormwater Management A stormwater management plan was submitting in accordance with the city’s requirements adopted stormwater master plan. The stormwater facilities will be maintained by the Shady Glen Homeowners Association. Development of site infrastructure will be performed in accordance with an MPDES stormwater permit prepared by the contractor at the time of construction. The subdivision will not significantly impact stormwater infrastructure. 38.220.060.A.11 - Streets, Roads and Alleys The proposed subdivision has two access points. The main vehicular access is proposed from Birdie drive, a city street, through The Links Condominium development. The proposed connection will be through a Public Access and Utility Easement. A secondary access is provided that will connect the proposed street Shady Glen Lane to Commercial Drive within the Bridger Center to the south. The gated access will provide a secondary emergency access as well as secondary pedestrian and bicycle access. The access will be maintained by the Shady Glen Homeowners Association, including keeping it clear of snow during the winter. Refer to Section 4 Compliance with Chapter 38, BMC and other relevant regulations above for further discussion on streets and access. Due to the small number of lots, it was determined by the Engineering Department that a traffic study would not be necessary. 85 22294 Findings of Fact and Order for Shady Glen Subdivision Page 26 of 34 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 subdivision will not significantly impact land use. The property is zoned R-1 which anticipates this level, or higher of development. Because the majority of the site is being set aside in a wildlife refuge, the amount of development may be less than what was anticipated. The proposed subdivision will create 16 lots, two of which are affordable units, and 5 common open space lots. Net residential density is defined as the number of residential dwelling units per buildable unit of land, excluding any land used or to be used as street rights-of-way, parks, public buildings or private non-residential uses. Taking this into consideration, and removing the land dedicated for infrastructure and parklands, there is a net density of 5.59 units per acre. There is a minimum density of 5 units per acre in the R-1 zoning district, thus this development provides density in the developable acres as anticipated in the R-1 zoning district. In order to minimize human conflicts with adjacent residential and commercial development, fences are required to be in place. Refer to Condition of Approval 4. 38.220.060.A.14 - Parks and Recreation Facilities This subdivision has proposed to provide cash-in-lieu of parkland which is supported by the Parks Department. While the Subdivision is providing a large amount of common open space, the open space is encumbered with wetlands and other critical areas that are not conducive to being a city park, which are typically programmed with activities, either active or passive. In addition, the subdivision is proposed in very close proximity to Story Mill Community Park, Glen Lake Rotary Park, and with the dual access pedestrian connection, provides a missing link for pedestrians and bicyclists in the non-motorized network for the area connecting the trail system to the north of the subdivision to the Glen Lake Rotary Park trail system. Thus the Parks Department supports the request to provide cash-in-lieu of parkland. 38.220.060.A.15 - Neighborhood Center Plan Glen Lake Rotary Park and Story Mill Community Park serve as the Shady Glen neighborhood center as they are within one-half mile of the subdivision. 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. 38.220.060.A.17 - Miscellaneous The proposed subdivision will improve the access to public lands by creating an additional pedestrian connection. No known hazardous conditions exist on the property. The proposed 86 22294 Findings of Fact and Order for Shady Glen Subdivision Page 27 of 34 subdivision is outside of the Wildland Urban Interface (WUI). No health or safety hazards on- site or off-site will be created with this development. 38.220.060.A.18 - Affordable Housing This application does not rely on incentives authorized in 38.380. However the applicant is providing two deed restricted lots for townhouse units that will be affordable units. The affordable units are being counted as performance points for the PUD evaluation. Refer to Condition of Approval 1 for additional Affordable Housing requirements. The affordable housing units must be provided as a component of the PUD improvements. All PUD improvements must be completed prior to 50% completion of all building permits (or the 9th building permit). 38.220.060.A.19 – Adopted Growth Policy This proposal furthers the adopted growth policy. The subdivision is zoned R-1 which anticipates residential development. Refer to Appendix A below, Project Size Zoning and Growth Policy for further discussion on the adopted growth policies this proposal supports. City Commission Findings: Refer to the attached Findings for application 22293. The Commission determined that the proposed preliminary plat did not adequately protect environmentally sensitive and hazard-prone areas because it allows encroachment into the required watercourse setback. Additionally, proposals to mitigate the development’s impact to wetland buffer zones are insufficient because they shift an extraordinary burden and responsibility to police homeowners’ actions in perpetuity. The proposed plat’s street design, including cul-de-sac configuration, reduced street width, sidewalk on only one side of the street, and parking on only one side of the street, was an unacceptable alternative to streets constructed to code standards and would have the effect of limiting public access to recreational amenities and limit the efficient movement of people and vehicles. The Commission found the proposed gated and locked secondary access to be a hindrance to emergency services and evacuation, which is detrimental to public health and safety. The Commission found that the location of the two affordable housing units offered with the proposed development were inconsistent with the City’s goals to integrate affordable housing seamlessly into neighborhoods and foster inclusivity with vulnerable populations. The Commission determined that, although the proposed preliminary plat satisfied some elements of the growth policy, on balance, the application was contrary to more goals articulated in the growth policy. SECTION 7 – FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS A. PURSUANT to Chapter 38, Article 3, BMC and other applicable sections of Chapter 38, BMC, public notice was given, opportunity to submit comment was provided to affected parties, and a review of the preliminary plat described in these findings of fact was conducted. The applicant presented to the City a proposed preliminary plat application to allow a residential development affiliated with a preliminary planned unit development 87 22294 Findings of Fact and Order for Shady Glen Subdivision Page 28 of 34 that requested six relaxation to zoning regulations (Application 22293). Approval of the planned unit development with the six relaxations to standards is necessary prior to approval of the subdivision. B. The purposes of the preliminary plat review were to consider all relevant evidence relating to public health, safety, welfare, and the other purposes of Chapter 38, BMC; to evaluate the proposal against the criteria and standards of Chapter 38 BMC; and to determine whether the preliminary plat should be approved, conditionally approved, or denied. C. The matter of the preliminary plat was considered by the City Commission at a public meeting on March 21, 2023 at which time the Department of Community Development Staff reviewed the project, submitted and summarized the conditions of approval, clarified unresolved issues and summarized the public comment submitted to the City prior to the public hearing. D. The City Commission requested public comment at the public meeting on March 21, 2023 and no members of the public offered public testimony on the application as submitted. E. It appeared to the City Commission that all parties and the public wishing to examine the proposed preliminary plat and offer comment were given the opportunity to do so. After receiving the recommendation of the relevant advisory bodies established by Section Chapter 38, BMC, and considering all matters of record presented with the application and during the public comment period defined by Chapter 38, BMC, the City Commission amended the proposed motion based on the denial of the planned unit development which resulted in a subdivision application that did not comply with zoning standards. Therefore, being fully advised of all matters having come before it regarding the application, the City Commission makes the following decision: F. For the reasons stated above and in the PUD application 22293 findings of fact, the preliminary plat does not meet the requirements of Chapter 76 of the Montana Code Annotated, nor does it meet the applicable subdivision review criteria, found in Chapter 38 of the Bozeman Municipal Code. As detailed in the analysis section above, the preliminary plat application relied on approval of several relaxations found in its accompanying planned unit development application. The Commission denied PUD application 22293 citing unacceptable impacts to the environment and to public health, safety, and welfare. Without the approval of the PUD relaxations, the preliminary plat does not comply with applicable zoning standards such as, permitted uses, lot sizes, secondary emergency access design, wetland setback, street design, and non-exempt fill material within the floodplain. The offered mitigation for these impacts was insufficient to adequately protect public health and safety and unacceptably degraded wetlands by allowing development in the watercourse setback. Therefore, pursuant to the City 88 22294 Findings of Fact and Order for Shady Glen Subdivision Page 29 of 34 Commission’s review authority and the authority found in 38.200.010.H, preliminary plat application 22294 is denied. G. The basis of the Commission’s decision includes the entire record of this matter, including the applicant’s materials and presentation, public comment, advisory board opinions, the staff report and presentation, and Commission discussion and questions. H. These findings of fact satisfy the requirements in 38.240.130.A.5.e, BMC and Montana Code Annotated section 76-3-620. I. The City Commission decision may be appealed by bringing an action in the Eighteenth District Court of Gallatin County. As outlined in 76-3-625, the petition must be presented to the court within 180 days of the final decision. DATED this ________ day of _____________________, 2023 BOZEMAN CITY COMMISSION _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ 89 22294 Findings of Fact and Order for Shady Glen Subdivision Page 30 of 34 GREG SULLIVAN City Attorney 90 22294 Findings of Fact and Order for Shady Glen Subdivision Page 31 of 34 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The subject property is zoned R-1, Residential Low Density District. The intent of the R-1 district is to provide for primarily single-household residential development and related uses within the city at urban densities. 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) 91 22294 Findings of Fact and Order for Shady Glen Subdivision Page 32 of 34 The subject property is designated as Urban Neighborhood. This category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single type of housing are discouraged. In limited instances, an area may develop at a lower gross density due to site constraints and/or natural features such as floodplains or steep slopes. Complementary uses such as parks, home-based occupations, fire stations, churches, schools, and some neighborhood-serving commerce provide activity centers for community gathering and services. The Urban Neighborhood designation indicates that development is expected to occur within municipal boundaries. This may require annexation prior to development. This proposed subdivision is well-suited to implement the Urban Neighborhood by providing lots that will support detached residential lots as well as two townhouse lots with affordable housing units. The urban neighborhood designation recognizes that at times lower densities may develop due to site constraints and/or natural features. The presence of water features and wetlands on this site, as well as the access constraints limit the density that can be realized on the property. However, the density provided is meeting the minimum of 5 dwelling units per acre when the critical lands and common open space lands are removed from the gross lot size. The townhouse and multi-household lots will support construction of “missing middle” housing which is contemplated throughout the Bozeman Community Plan 2020. The proposed subdivision is also located in a central area with relatively quick access to a variety of goods and services. As previously discussed, the subdivision relies on a recommendation of approval for the Shady Glen PUDP, application 22293 that is being considered concurrently with this preliminary plat application. 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 potential for additional persons in the area. The site has a Walk Score of 34, a Transit score of 7, and a Bike Score of 44. Average scores for the city as a whole are out of 100: Walk Score 47; Transit Score 21; and Bike Score 62 These values are provided by Walk Score, a private organization which presents information on real 92 22294 Findings of Fact and Order for Shady Glen Subdivision Page 33 of 34 estate and transportation through walkscore.com. The algorithm which produces these numbers is proprietary. A score is not an indication of safety or continuity of services or routes. Scores are influenced by proximity of housing, transit, and services and expected ability, as determined by the algorithm, to meet basic needs without using a car. This site is an infill development, surrounded by existing residential uses with complimentary uses such as schools, parks, grocery stores, and employment opportunities within a relatively short distance. There are no adopted development standards relating to the walk score. The proposed development is adjacent to Glen Lake Rotary Park and is approximately .16 miles from Story Mill Park. The subdivision is adjacent to an existing commercial neighborhood to the south. While some of the businesses are heavier commercial uses that may not provide daily services, there is a close coffee shop, convenience store, meadery, brewery among other services that will provide daily destinations to future residents of the Shady Glen Subdivision. In addition, Story Mill Community Center is.16 miles away. A unique outcome of the design of the subdivision is many of these amenities are closer to walk to than they are to drive due to the emergency access that serves as a dual pedestrian access. This design will further the walkability goal of the growth policy. 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-1.11 Enable a gradual and predictable increase in density in developed area over time N – 3.3 Encourage distribution of affordable housing units throughout the City with priority given to locations near commercial, recreational, and transit assets. 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, Bechtle Architects, 4515 Valley Commons Drive 201, Bozeman, MT 59718, representing the property owner Bridger Center LLC, Thomas Murphy, 280 W Kagy Blvd Ste D-105 Bozeman, MT 59715. 93 22294 Findings of Fact and Order for Shady Glen Subdivision Page 34 of 34 APPENDIX C – NOTICING AND PUBLIC COMMENT Notice was provided at least 15 and not more than 45 days prior to the close of the public comment period/City Commission public meeting per BMC 38.220.420, The public notice period for this application is set to run from February 26 through March 21, 2023, with publications in the legal advertisements section of the Bozeman Daily Chronicle on Sunday, February 26, and Sunday, March 5, 2023. The applicant posted public notice on the subject property on February 26, 2023. The applicant sent public notice to all landowners of record within 200-feet of the subject property via first class mail, on February 24, 2023. APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF Owner: Bridger Center LLC, Thomas Murphy, 280 W Kagy Blvd Ste D-105, Bozeman, MT 59715 Applicant: Bechtle Architects, Nicole Boteilho, 4515 Valley Commons Drive 201, Bozeman, MT 59718 Representative: Morrison Maierle, Mike Hickman, 2880 Technology Blvd, Bozeman, MT 59718 Report By: Lynn Hyde, Development Review Planner FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this subdivision. ATTACHMENTS The full application and file of record can be viewed: Application materials – Available through the Laserfiche archive, the full file is linked below. https://weblink.bozeman.net/WebLink/Browse.aspx?id=265045&dbid=0&repo=BOZEMAN as well as digitally at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. This project can be viewed on the Community Development Viewer interactive map directly with this link: https://gisweb.bozeman.net/Html5Viewer/?viewer=planning Public Comment: https://weblink.bozeman.net/WebLink/Browse.aspx?id=273209&dbid=0&repo=BOZEMAN Findings of Fact and Order for Shady Glen Preliminary Planned Unit Development, Application 22293 Findings of Fact and Order for Shady Glen Preliminary Planned Unit Development, Application 22293 94 Memorandum REPORT TO:City Commission FROM:John Van Delinder - Streets Superintendent Nicholas Ross - Director of Transportation and Engineering SUBJECT:Notice of Award and Purchase Agreement for Four (4) Current Model Tandem Axle Dump Trucks With Plows and Sanders MEETING DATE:May 2, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Award bid and Authorize City Manager to sign a Purchase Agreement for Four (4) New Freightliner 114SD Plus Conventional Chassis with installed plow and sander to Floyd’s Truck Center of Belgrade MT for a total of $1,287,532.00. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Equipment Procurement has been Challenging Over the Last Three Fiscal Years. This Purchase will be for STR40 (FY21), STR58 & STR102 (FY22) and STR40 (FY23). Delivery is not expected until FY24 or FY25. We Received Bids From Two Vendors and Floyd’s was the Lowest Most Responsible Bidder. We have the Funds in our Capital Equipment Fund. UNRESOLVED ISSUES:None ALTERNATIVES:As Suggested by Commission. FISCAL EFFECTS:These items were in our FY21, FY22 and FY23 Streets Operation CIP and approved budgets. Do to Extended Delivery Time and Price Increases, we will forgo the Purchase of the Dump Truck with Plow and Sander CIP STR58 in FY24. This bid award has been reviewed and approved by Finance Budget Analysist Kaitlin Johnson. Attachments: Purchase Agreement Exhibit A Notice of Award Report compiled on: April 17, 2023 95 Agreement for Purchase of Four (4) New Current Model Year 2023 or Newer 58,000lbs GVWR Tandem Axle Chassis with 15-foot Dump Body with installed plow(s) and Sander. FY2020-2021 Page 1 of 7 PURCHASE AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ____________, 202__ (“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and, Four Open A Trucks Inc. DBA Floyd’s Truck Center, 310 Alaska Frontage Rd, Belgrade, MT 59714, hereinafter referred to as “Seller.” The City and Seller may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual promises and agreements hereinafter contained, the parties agree as follows: 1. Property Purchased: Seller agrees to sell and City agrees to purchase the property requested and described in Four (4) New Current Model Year 2023 or Newer 58,000lbs GVWR Tandem Axle Chassis with 15-foot Dump Body with installed plow(s) and Sander, attached hereto as Exhibit A which is incorporated into this Purchase Agreement by this reference. By accepting this Purchase Agreement, Seller hereby agrees that the sale, use, or incorporation into manufactured products of all machines, software, hardware, materials and other devices furnished under this Purchase Agreement which are not of the Seller’s design, composition, or manufacture shall be free and clear of infringement of any valid patent, copyright, or trademark. Seller shall hold the City harmless from any and all costs and expenses, including attorney fees, liability, and loss of any kind growing out of claims, suits, or actions alleging such infringement, and Seller agrees to defend such claims, suits, or actions. 2. Specifications: The Seller agrees that all material and workmanship in and upon this Property complies with Exhibit A as accepted by the City. Unless otherwise agreed to by the City, the items listed in Exhibit A, govern in the event of inconsistencies with the Seller’s response to the same. 3. Price: The City agrees to pay One million Two Hundred Eighty-Seven Thousand, Five Hundred Thirty-Two 00/100 Dollars ($1,287,532) as the purchase price. All prices include shipping and any applicable local, state or federal taxes that may be applied to the Property to be purchased. This price is firm and not subject to escalation under agreed to in writing by the City. 4. Delivery and Payment: Time is of the essence in the performance of this Purchase 96 Agreement for Purchase of Four (4) New Current Model Year 2023 or Newer 58,000lbs GVWR Tandem Axle Chassis with 15-foot Dump Body with installed plow(s) and Sander. FY2020-2021 Page 2 of 7 Agreement. Seller assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other served associated with delivery of the Property. Seller agrees to delivery to the City in a fully operational status and all accessories properly installed within five hundred forty (540) calendar days of the receipt of City’s order. Delivery will occur at the City of Bozeman’s Vehicle Maintenance Shop (1812 North Rouse Ave., Bozeman, MT 59715), or at a place otherwise designated in writing by the City. If delivery of the Property and/or performance of services required under this Purchase Agreement cannot be made Seller shall promptly notify the City of the earliest possible date for delivery or performance. Notwithstanding such notice, if Seller for any reason fails to deliver the Property or perform required services within the time specific or to the City’s satisfaction the City may terminate this Purchase Agreement or any part therefore without liability except for good or services previously provided and accepted. The City’s receipt or acceptance of any part of a non-conforming delivery or service shall not constitute a waiver of any claim, right or remedy the City has under this Purchase Agreement or applicable law. Upon delivery and for a reasonable period thereafter, City has the right to inspect the Property to ensure that it meets Specifications as modified by Seller’s responses which have been accepted by City. If the Property meets the Specifications, City shall tender the purchase price stated above to Seller through the City’s normal claim process. Unless otherwise agreed to in writing, payment terms shall be net thirty (30) days from the date of receipt of invoice or acceptance and delivery of goods and services by the City, whichever occurs last. Payment will be made to Seller at the address previously stated unless Seller provides a different address in writing. 5. Nondiscrimination and Equal Pay: The Seller agrees that all hiring by Seller of persons performing this Agreement shall be on the basis of merit and qualifications. The Seller will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Seller will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Seller shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Seller represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, Montana Code Annotated (MCA) (the Montana Equal Pay Act). Seller must report to the City any violations of the Montana Equal Pay Act that Seller has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. 97 Agreement for Purchase of Four (4) New Current Model Year 2023 or Newer 58,000lbs GVWR Tandem Axle Chassis with 15-foot Dump Body with installed plow(s) and Sander. FY2020-2021 Page 3 of 7 Seller shall require these nondiscrimination terms of its subcontractors providing products under this Agreement. 6. Default/Termination/Remedies: In the event of Seller’s breach of this Purchase Agreement, including if Seller fails to deliver the Property as set forth herein or fails to meet City’s Specifications, City may, at its option, take any or all of the following actions without prejudice to any other rights or remedies available to the City by law: (i) declare the Seller in default and immediately cancel and rescind this Purchase Agreement; (ii) require Seller to repair or replace any equipment or materials used in the Property, and upon Seller’s failure or refusal to do so, repair or replace the same at Seller’s expense; (iii) reject any material or equipment included in the Property containing defective or nonconforming equipment or material and return for credit or replacement at Seller’s option; or (iv) cancel any outstanding deliveries and treat such breach by Seller as Seller’s repudiation of this Purchase Agreement. Thereafter, City may procure substitute property to replace the Property described herein. In such event, Seller is liable to City for the difference between the price set forth herein and the price paid by City for the replacement property. Additionally, the City may pursue any other remedy it has at law or in equity. In the event of the City’s breach hereunder, Seller’s exclusive remedy shall be Seller’s recovery of the material or equipment or of the Purchase Price or portion of the Purchase Price payable for equipment and material delivered to the City prior to such breach. 7. Change Orders: The City shall have the right to revoke, amend, or modify this Purchase Agreement or the equipment or material included in the Quotation at any time. Seller’s receipt of City’s written change order without response received by the City within 10 (ten) business days or Seller’s shipment or other performance reflecting the change, whichever occurs first, shall be Seller’s acceptance of the change without any price or other adjustment. 8. WARRANTY: THE SELLER SHALL WARRANTY THE PROPERTY INCLUDING ALL COMPONENT PARTS IN ACCORDANCE WITH WARRANTY SPECIFICS LISTED IN SECTION 18 OF EXHIBIT A AND SHALL ASSIGN TO THE CITY ALL WARRANTIES FOR ALL COMPONENT PARTS OF THE PROPERTY NOT WARRANTIED BY SELLER. IN ADDITION, THE SELLER AGREES THE PROPERTY IS COVERED BY IMPLIED WARRANTIES FOR MERCHANTABILITY AND FITNESS FOR THE PARTICULAR PURPOSE FOR WHICH IT HAS BEEN PURCHASED. IN ADDITION TO ANY OTHER EXPRESSED OR IMPLIED WARRANTIES AND UNLESS OTHERWISE AGREED IN WRITING, SELLER ALSO WARRANTS THAT ALL EQUIPMENT DELIVERED HEREUNDER WILL BE NEW, SUITABLE FOR USE AS DESCRIBED, OF THE GRADE AND QUALITY SPECIFIED, FREE FROM ALL DEFECTS IN DESIGN, MATERIAL AND WORKMANSHIP; IN CONFORMITY WITH ALL SPECIFICATIONS FURNISHED; IN COMPLIANCE WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS AND FREE FROM ANY 98 Agreement for Purchase of Four (4) New Current Model Year 2023 or Newer 58,000lbs GVWR Tandem Axle Chassis with 15-foot Dump Body with installed plow(s) and Sander. FY2020-2021 Page 4 of 7 LIENS AND ENCUMBRANCES. THESE WARRANTIES SHALL NOT BE DEEMED TO EXCLUDE SELLER’S STANDARD WARRANTIES OR OTHER RIGHTS OR WARRANTIES WHICH THE CITY MAY HAVE OR OBTAIN. 9. Insurance/Indemnification: The Seller shall insure the Property for a minimum of the purchase price against all damages during the delivery period per the Specifications. In addition to and independent from the above, during the delivery period Seller shall defend, indemnify, and hold the City, its officers, employees, and agents harmless against claims, demands, suits, damages, losses, and expenses connected therewith that may be asserted or claimed against, recovered from or suffered by the City by reason of any injury or loss, including but not limited to, personal injury, including bodily injury or death, property damage, occasioned by, growing out of, or in any way arising or resulting from any intentional or negligent act on the part of Seller, it’s agents or employees. This provision shall survive delivery and acceptance by the city of the Property. 10. Assignment: Seller may not delegate, subcontract, or assign any duties and services or assign any rights or claims under this Purchase Agreement without the express written consent of City. 11. Entire Agreement: This Agreement, including its appendices, if any, embodies the entire understanding between the parties relating to the subject matter contained herein. No agent or representative of either party has authority to make any representations, statements, warranties or agreements not herein expressed and all modifications or amendments of this Agreement, including the appendices, must be in writing and signed by an authorized representative of each of the parties hereto. 12. Applicability: This Agreement and any extensions hereof shall be governed and construed in accordance with the laws of the State of Montana, venue shall be in the Eighteen Judicial District, Gallatin County Montana, and the same is binding upon the parties, their heirs, successors, and assigns. 13 Permits: Seller shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 14. Laws and Regulations: Seller shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non- 99 Agreement for Purchase of Four (4) New Current Model Year 2023 or Newer 58,000lbs GVWR Tandem Axle Chassis with 15-foot Dump Body with installed plow(s) and Sander. FY2020-2021 Page 5 of 7 discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 15. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 16. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 17. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 18. Dispute Resolution: a. Any claim, controversy, or dispute between the Parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the Parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 19. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 100 Agreement for Purchase of Four (4) New Current Model Year 2023 or Newer 58,000lbs GVWR Tandem Axle Chassis with 15-foot Dump Body with installed plow(s) and Sander. FY2020-2021 Page 6 of 7 20. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 101 Agreement for Purchase of Four (4) New Current Model Year 2023 or Newer 58,000lbs GVWR Tandem Axle Chassis with 15-foot Dump Body with installed plow(s) and Sander. FY2020-2021 Page 7 of 7 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives the day and year first above written. CITY OF BOZEMAN SELLER By___________________________ By____________________________ Jeff Mihelich City Manager Print Name: ___________________ Print Title: ____________________ APPROVED AS TO FORM: By________________________________ Greg Sullivan, City Attorney 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 NOTICE OF AWARD Dated: April 17, 2023 TO: Four Open A Trucks Inc. DBA Floyd’s Truck Center ADDRESS: 310 Alaska Frontage Rd, Belgrade, MT 59714 CONTRACT FOR: Four (4) New Current Model Year 2023 or Newer 58,000lbs GVWR Tandem Axle Chassis with 15-foot Dump Body with installed plow(s) and Sander. You are notified that your Bid opened on February 24, 2023, at 2 p.m. for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for the: Four (4) New Current Model Year 2023 or Newer 58,000lbs GVWR Tandem Axle Chassis with 15- foot Dump Body with installed plow(s) and Sander. The Contract Price of your Contract is: One Million Two Hundred Eighty-Seven thousand, Five Hundred Thirty-Two 00/100 Dollars ($1,287,532.00) Two (2) copies of each of the proposed Contract Documents have been signed and One copy accompanies this Notice of Award for your records. CITY OF BOZEMAN, MONTANA BY: __________________________________ (CITY MANAGER) BY: ___________________________________ (CITY CLERK) DATE: _______________________________ 145 Memorandum REPORT TO:City Commission FROM:Joseph Swanson, Patrol Captain Jim Veltkamp, Chief of Police SUBJECT:Notice of Award and Purchase Agreement for Portable Vehicle Barrier System consisting of Four (4), Eight (8) Barrier Trailer Kits MEETING DATE:May 2, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Award bid and Authorize City Manager to sign a Purchase Agreement for Four (4), Eight (8) Barrier Trailer Kits to Meridian Rapid Defense Group LLC for a total of $392,939.36. STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND:The Homeland Security Grant Program, as administered through Montana Disaster and Emergency Services, is designed to support state and local efforts to respond and protect against terrorist related catastrophic events and to prepare the nation for the threats and hazards that pose the greatest risk to the security of the United States. The Bozeman Police Department, with the support of various Gallatin County public safety agencies, applied for this grant in early 2022. The City Commission authorized the City Manager to accept the $394,295.00 grant during it's regular meeting held on December 22, 2022. In partnership with Montana State University (MSU) and the Bozeman Downtown Business Association (DBA), nearly two dozen outdoor events are hosted on, or adjacent to, public roadways within the Bozeman City limits requiring the full closure of vehicular traffic. Both MSU and the DBA are heavily reliant on local private businesses to provide large commercial-style vehicles to block roadways to prevent intentional, or unintentional, vehicles from driving into the crowds attending these events. Most recently the city has used temporary concrete construction barricades to block Main Street during event closures such as Music on Main and the Christmas Stroll. The use of these commercial-style vehicles and concrete barricades requires additional personnel to remain within close proximity to the vehicle/barrier in the event emergency responders need to access the area. Significant City resources, including heavy equipment, are also needed to place and remove the concrete barricades. 146 The use of large commercial vehicles and concrete barricades prevent the safe, regulated flow of pedestrian traffic as they block-marked crosswalks, prevent clear lines of sight to those traveling around them, and are not specifically designed to be used as a barrier to protect against a vehicle ramming. A portable vehicle barrier system that is modular in design will allow for the rapid deployment of the barriers, reduce the reliance on the use of large commercial vehicles, and provide greater pedestrian protection to crowded places such as the outdoor events occurring in downtown Bozeman and at Montana State University. The identified portable vehicle barrier system will increase pedestrian/crowd safety at outdoor events throughout the City of Bozeman. When not in use locally, the portable vehicle barrier system will also be available for regional use by other local, county and state organizations. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS:This item is fully funded by a grant award from the State Homeland Security Grant Program administered by Montana Disaster and Emergency Services. Attachments: Purchase Agreement- Meridian Rapid Defense Group.pdf Notice of Award- Meridian Rapid Defense Group.pdf Quote and Bid Form- Meridian Rapid Defense Group.pdf Report compiled on: April 19, 2023 147 Agreement for Purchase of Meridian Rapid Defense Group LLC- Vehicle Barrier System FY2023-2024 Page 1 of 8 PURCHASE AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ____________, 2023 (“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and, Meridian Rapid Defense Group LLC, hereinafter referred to as “Seller.” The City and Seller may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual promises and agreements hereinafter contained, the parties agree as follows: 1. Property Purchased: Seller agrees to sell and City agrees to purchase the property requested and described in the City’s Bid Specifications, as modified by the parts of Seller’s response accepted by City, all of which is incorporated into this Purchase Agreement by this reference. By accepting this Purchase Agreement, Seller hereby agrees that the sale, use, or incorporation into manufactured products of all machines, software, hardware, materials and other devices furnished under this Purchase Agreement which are not of the Seller’s design, composition, or manufacture shall be free and clear of infringement of any valid patent, copyright, or trademark. Seller shall hold the City harmless from any and all costs and expenses, including attorney fees, liability, and loss of any kind growing out of claims, suits, or actions alleging such infringement, and Seller agrees to defend such claims, suits, or actions. 2. Specifications: The Seller agrees that all material and workmanship in and upon this Property complies with Exhibit A as accepted by the City. Unless otherwise agreed to by the City, the items listed in Exhibit A, govern in the event of inconsistencies with the Seller’s response to the same. 3. Price: The City agrees to pay $392,939.36 as the purchase price. All prices include shipping and any applicable local, state or federal taxes that may be applied to the Property to be purchased. This price is firm and not subject to escalation under agreed to in writing by the City. 4. Delivery and Payment: Time is of the essence in the performance of this Purchase Agreement. Seller assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other served associated with delivery of the Property. 148 Agreement for Purchase of Meridian Rapid Defense Group LLC- Vehicle Barrier System FY2023-2024 Page 2 of 8 Seller agrees to delivery to the City in a fully operational status and all accessories properly installed no later than 45 days after receipt of the PO. Delivery will occur at 1816 North Rouse Avenue, Bozeman, MT 59715, or at a place otherwise designated in writing by the City. If delivery of the Property and/or performance of services required under this Purchase Agreement cannot be made Seller shall promptly notify the City of the earliest possible date for delivery or performance. Notwithstanding such notice, if Seller for any reason fails to deliver the Property or perform required services within the time specific or to the City’s satisfaction the City may terminate this Purchase Agreement or any part therefore without liability except for good or services previously provided and accepted. The City’s receipt or acceptance of any part of a non-conforming delivery or service shall not constitute a waiver of any claim, right or remedy the City has under this Purchase Agreement or applicable law. Upon delivery and for a reasonable period thereafter, City has the right to inspect the Property to ensure that it meets Specifications as modified by Seller’s responses which have been accepted by City. If the Property meets the Specifications, City shall tender the purchase price stated above to Seller through the City’s normal claim process. Unless otherwise agreed to in writing, payment terms shall be net thirty (30) days from the date of receipt of invoice or acceptance and delivery of goods and services by the City, whichever occurs last. Payment will be made to Seller at the address previously stated unless Seller provides a different address in writing. 5. Nondiscrimination and Equal Pay: The Seller agrees that all hiring by Seller of persons performing this Agreement shall be on the basis of merit and qualifications. The Seller will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Seller will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Seller shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Seller represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, Montana Code Annotated (MCA) (the Montana Equal Pay Act). Seller must report to the City any violations of the Montana Equal Pay Act that Seller has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Seller shall require these nondiscrimination terms of its subcontractors providing products under this Agreement. 6. Default/Termination/Remedies: In the event of Seller’s breach of this Purchase Agreement, including if Seller fails to deliver the Property as set forth herein or fails to meet City’s Specifications, City may, at its option, take any or all of the following actions without prejudice to 149 Agreement for Purchase of Meridian Rapid Defense Group LLC- Vehicle Barrier System FY2023-2024 Page 3 of 8 any other rights or remedies available to the City by law: (i) declare the Seller in default and immediately cancel and rescind this Purchase Agreement; (ii) require Seller to repair or replace any equipment or materials used in the Property, and upon Seller’s failure or refusal to do so, repair or replace the same at Seller’s expense; (iii) reject any material or equipment included in the Property containing defective or nonconforming equipment or material and return for credit or replacement at Seller’s option; or (iv) cancel any outstanding deliveries and treat such breach by Seller as Seller’s repudiation of this Purchase Agreement. Thereafter, City may procure substitute property to replace the Property described herein. In such event, Seller is liable to City for the difference between the price set forth herein and the price paid by City for the replacement property. Additionally, the City may pursue any other remedy it has at law or in equity. In the event of the City’s breach hereunder, Seller’s exclusive remedy shall be Seller’s recovery of the material or equipment or of the Purchase Price or portion of the Purchase Price payable for equipment and material delivered to the City prior to such breach. 7. Change Orders: The City shall have the right to revoke, amend, or modify this Purchase Agreement or the equipment or material included in the Quotation at any time. Seller’s receipt of City’s written change order without response received by the City within 10 (ten) business days or Seller’s shipment or other performance reflecting the change, whichever occurs first, shall be Seller’s acceptance of the change without any price or other adjustment. 8. WARRANTY: THE SELLER SHALL WARRANTY THE PROPERTY INCLUDING ALL COMPONENT PARTS IN ACCORDANCE WITH WARRANTY SPECIFICS LISTED IN EXHIBIT B AND SHALL ASSIGN TO THE CITY ALL WARRANTIES FOR ALL COMPONENT PARTS OF THE PROPERTY NOT WARRANTIED BY SELLER. IN ADDITION, THE SELLER AGREES THE PROPERTY IS COVERED BY IMPLIED WARRANTIES FOR MERCHANTABILITY AND FITNESS FOR THE PARTICULAR PURPOSE FOR WHICH IT HAS BEEN PURCHASED. IN ADDITION TO ANY OTHER EXPRESSED OR IMPLIED WARRANTIES AND UNLESS OTHERWISE AGREED IN WRITING, SELLER ALSO WARRANTS THAT ALL EQUIPMENT DELIVERED HEREUNDER WILL BE NEW, SUITABLE FOR USE AS DESCRIBED, OF THE GRADE AND QUALITY SPECIFIED, FREE FROM ALL DEFECTS IN DESIGN, MATERIAL AND WORKMANSHIP; IN CONFORMITY WITH ALL SPECIFICATIONS FURNISHED; IN COMPLIANCE WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS AND FREE FROM ANY LIENS AND ENCUMBRANCES. THESE WARRANTIES SHALL NOT BE DEEMED TO EXCLUDE SELLER’S STANDARD WARRANTIES OR OTHER RIGHTS OR WARRANTIES WHICH THE CITY MAY HAVE OR OBTAIN. 9. Insurance/Indemnification: The Seller shall insure the Property for a minimum of the purchase price against all damages during the delivery period per the Specifications. In addition to and independent from the above, during the delivery period Seller shall defend, indemnify, and hold the City, its officers, employees, and agents harmless against claims, 150 Agreement for Purchase of Meridian Rapid Defense Group LLC- Vehicle Barrier System FY2023-2024 Page 4 of 8 demands, suits, damages, losses, and expenses connected therewith that may be asserted or claimed against, recovered from or suffered by the City by reason of any injury or loss, including but not limited to, personal injury, including bodily injury or death, property damage, occasioned by, growing out of, or in any way arising or resulting from any intentional or negligent act on the part of Seller, it’s agents or employees. This provision shall survive delivery and acceptance by the city of the Property. 10. Assignment: Seller may not delegate, subcontract, or assign any duties and services or assign any rights or claims under this Purchase Agreement without the express written consent of City. 11. Entire Agreement: This Agreement, including its appendices, if any, embodies the entire understanding between the parties relating to the subject matter contained herein. No agent or representative of either party has authority to make any representations, statements, warranties or agreements not herein expressed and all modifications or amendments of this Agreement, including the appendices, must be in writing and signed by an authorized representative of each of the parties hereto. 12. Applicability: This Agreement and any extensions hereof shall be governed and construed in accordance with the laws of the State of Montana, venue shall be in the Eighteen Judicial District, Gallatin County Montana, and the same is binding upon the parties, their heirs, successors, and assigns. 13 Permits: Seller shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 14. Laws and Regulations: Seller shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non- discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 15. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 151 Agreement for Purchase of Meridian Rapid Defense Group LLC- Vehicle Barrier System FY2023-2024 Page 5 of 8 16. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 17. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 18. Dispute Resolution: a. Any claim, controversy, or dispute between the Parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the Parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 19. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 20. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 21. Cooperative Purchasing: Montana Code Annotated 2021 (MCA) Section 18-4-402 allows that the State of Montana and local governments may use the contracts of other government entities upon approval of the contractor. The City of Bozeman is in no way liable for the obligations of any other entity utilizing any contract awarded as a result of this RFP. 152 Agreement for Purchase of Meridian Rapid Defense Group LLC- Vehicle Barrier System FY2023-2024 Page 6 of 8 **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives the day and year first above written. CITY OF BOZEMAN SELLER By______________________________ By___________________________________ Jeff Mihelich, City Manager Alan Walter, Chief Financial Officer Meridian Rapid Defense Group LLC APPROVED AS TO FORM: By________________________________ Greg Sullivan, City Attorney 153 Agreement for Purchase of Meridian Rapid Defense Group LLC- Vehicle Barrier System FY2023-2024 Page 7 of 8 EXHIBIT A- PROPERTY TO BE PURCHASED FROM MERIDIAN RAPID DEFENSE GROUP LLC - 4 8 Barrier Trailer kits consisting of: $334,797.36 o 32 Archer 1200 Barrier (RAL1016/safety yellow) o 4 Archer Haulers o 8 Archer Field Tow Bars o 28 Arrestor Cable (4ft) o 8 Arrestor Cable (10ft) o 4 Archer 8 Barrier Drop Deck Trailer (black) - Graphics Package (32) $1,248.00 - 8 ADA Compliant Cable Protectors $2,360.00 - 32 Wayfinding/Marketing Shield $20,072.00 - 32 Reflective Tape $1152.00 - In-Field Installation and Certified Training $1495.00 - Shipping $31,815.00 TOTAL PRICE: $392,939.36 154 Agreement for Purchase of Meridian Rapid Defense Group LLC- Vehicle Barrier System FY2023-2024 Page 8 of 8 EXHIBIT B- SELLERS WARRANTY MERIDIAN Rapid Defense Group, LLC Warranty and Lifetime Guarantee Policy MERIDIAN Rapid Defense Group (MERIDIAN) provides a Lifetime Guarantee for all offered products. Unlike fixed bollards, our barriers are non-lethal to the driver and minimize shrapnel spray. Maintenance free (requires no electricity or hydraulics), 100% Reusable and we offer a Lifetime Guarantee. The Lifetime Guarantee provides that any barrier will be replaced free-of-charge if the barrier is rendered unusable or otherwise damaged in a way to affect its capabilities. MERIDIAN disclaims any liability for claims arising out of product misuse, improper product selection, improper installation or repairs, product modifications, or misapplication of any MERIDIAN products to the uses selected by the Customer or User. All products sold to business customers are warranted only for use in business, government, resale, or as original equipment. MERIDIAN makes no warranties to those defined as consumers in the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act. MERIDIAN equipment may only be used by the individual, company, organization, agency, city, state, municipality (“customer”) of purchase and may not be sold to or used by any other individual, company, organization, agency, city, state, or municipality (“non-customer”). If MERIDIAN equipment is sold to or allowed to be used by any non-customer of the equipment, then all warranties and guarantees and crash test certifications will be voided. If such non-compliant use occurs and is detected, MERIDIAN, at its election, may repurchase any or all of such equipment at the customer’s depreciated value. 177 E. Colorado Boulevard, Suite 200 Pasadena, California 91105 www.meridian-barrier.com 155 NOTICE OF AWARD Dated: ___________________ TO: Meridian Rapid Defense Group LLC ADDRESS: 177 E. Colorado Blvd. Suite 200, Pasadena, CA 91105 CONTRACT FOR: Portable Vehicle Barrier System consisting of four (4), eight (8) Barrier Trailer Kits You are notified that your Bid opened on March 24, 2023 for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for the: Portable Vehicle Barrier System consisting of four (4), eight (8) barrier trailer kits. The Contract Price of your Contract is: Three Hundred Ninety Two Thousand, Nine Hundred Thirty Nine and 36/100 Dollars ($392,939.36) Two (2) copies of each of the proposed Contract Documents have been signed and One copy accompanies this Notice of Award for your records. CITY OF BOZEMAN, MONTANA BY: __________________________________ (CITY MANAGER) BY: ___________________________________ (CITY CLERK) DATE: _______________________________ 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 Memorandum REPORT TO:City Commission FROM:Sarah Rosenberg, Associate Planner Brian Krueger, Development Review Manager Erin George, Deputy Director of Community Development Anna Bentley, Director of Community Development SUBJECT:Approval for the 5th and Main Residences Site Plan and Commercial Certificate of Appropriateness Application with One Deviation Request to Allow for the Building to Encroach into the Alley Setback, Application 22321 (Quasi-Judicial) MEETING DATE:May 2, 2023 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION:Having reviewed and considered the application materials, public comment, and all the information presented, I hereby find application 22321 meets the criteria required for site plan and commercial certificate of appropriateness approval and move to approve the 5th and Main Residences Site Plan and Commercial Certificate of Appropriateness application with a deviation request from 38.320.050 to allow for a portion of the footprint to extend into the five-foot alley setback. 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 Site Plan (SP) and Commercial Certificate of Appropriateness (CCOA) application is proposed to construct a six-story, 172,768 square feet mixed- use building with 121 residential units, commercial space on the ground floor, and a parking garage. The project proposes to demolish three structures, two are classified as contributing within the Neighborhood Conservation Overlay District (NCOD), and one is classified as non- contributing. The contributing structures, the former Bamboo Express and Genuine Ice Cream are vacant. All structures meet the criteria in order to be demolished. The property is zoned B-3 and is not located in a historic district. This application includes a deviation request to allow a portion of the north building elevation to encroach into the required five-foot alley setback. The application also includes a departure request to allow encroachment into the vision triangle for a portion of the building at 5th Avenue and Main Street which has been approved by the City Engineer. The Development Review Committee finds both the deviation and departure 171 requests sufficient for final approval. The Community Development Board in its capacity as the Design Review Board (DRB) reviewed the application on April 17, 2023. Two members of the public provided comments in support of the project. The DRB recommended approval of the application and deviation request. The deviation request from BMC 38.320.050 to allow a portion of the north elevation to encroach into the alley setback, exceeds the 20% threshold, for administrative approval, thus the application requires City Commission approval per 38.200.010.A.1.h. This application is proposed on the consent agenda as deviations are an administrative authority within the code and do not require a public hearing. UNRESOLVED ISSUES:None ALTERNATIVES:Approve the application with the recommended conditions; Approve the application with modifications to the recommended conditions; Deny the application based on the Commission’s findings of non-compliance with the applicable criteria contained within the staff report; or 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. This alternative is requested if the Commission wishes to amend or add conditions of approval. FISCAL EFFECTS:None Attachments: 22321 CC Staff report.pdf Report compiled on: April 20, 2023 172 Staff Report 5th and Main Residences Site Plan/CCOA Application 22321 April 18, 2023 Page 1 of 17 Application No. 22321 Type Site Plan, Commercial Certificate of Appropriateness, Demolition, Deviation Project Name 5th and Main Residences Decision Type Consent (Quasi-judicial) Summary Site plan and commercial certificate of appropriateness application to construct a six-story mixed-use building with 121 residential units and 2000 square feet of retail space. There is a deviation request from 38.320.050 to allow for a portion of the footprint to extend into the alley setback, which is 5-feet. There is a departure request from 38.400.100 to allow the building to encroach into the vision triangle at 5th and Main. There are three existing buildings that will be demolished, two, which are considered contributing, and one which is non-contributing. The property is not located within a historic district but is located within the Neighborhood Conservation Overlay District. The property is zoned B-3. Zoning B-3 Growth Policy Community Commercial Mixed Use Parcel Size 31,363 SF Overlay District(s) Neighborhood Conservation Overlay District Street Address 421 Main Street, Bozeman, MT 59715 Legal Description Tracys 1st ADD, S12, T02 S, R05 E, Block De, Lot 18-21, Tracys 1st ADD, S12, T02 S, R05 E, Block D, Lot 14 and 15, City of Bozeman, Gallatin County, Montana. Owner Reuter Walton Development, 4450 Exclesior Blvd, Suite 400, St. Louis Park, MN 55416 Applicant SMA Architects, 109 E. Oak Street, Suite 2E, Bozeman, MT 59715 Representative Same as applicant Staff Planner Sarah Rosenberg Engineer Cody Flammond Noticing Public Comment Period Site Posted Adjacent Owners Mailed Newspaper Legal Ad 4/10-5/2/2023 4/10/2023 4/10/2023 4/15, 4/29/2023 Advisory Boards Board Date Recommendation Development Review Committee April 3, 2023 Adequate Community Development Board (Design Review Board) April 17, 2023 Approval Recommendation The application is adequate, conforms to standards, and is sufficient for approval with conditions and code provisions as noted below. Decision Authority City Commission Date: May 2, 2023 at 6:00pm in the City Commission Room at 121 N. Rouse Avenue Motion Having reviewed and considered the application materials, public comment, and all the information presented, I hereby find application 22321 meets the criteria required for site plan and commercial certificate of appropriateness approval and move to approve the 5th and Main Residences Site Plan and Commercial Certificate of Appropriateness application with a deviation request from 38.320.050 to allow for a portion of the footprint to extend into the alley setback which is 5-feet. Full application: https://weblink.bozeman.net/WebLink/Browse.aspx?startid=269415&cr=1 Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715 173 Staff Report 5th and Main Residences Site Plan/CCOA Application 22321 April 18, 2023 Page 2 of 17 PROJECT SUMMARY An applicant has applied for a Site Plan (SP) and Commercial Certificate of Appropriateness (CCOA) application to build a six story, 172,768 square feet mixed use building with 121 residential units, commercial space on the ground floor, and a parking garage. The project proposes to demolish three structures, two considered contributing the Neighborhood Conservation Overlay District (NCOD), and one is non-contributing. The contributing structures, the former Bamboo Express and Genuine Ice Cream are vacant. The property is zoned B-3 and is not located in a historic district. This application includes a deviation request to allow a portion of the north elevation to encroach into the alley setback, which is 5 feet. It also includes a departure request to allow encroachment into the vision triangle for a portion of the building at 5th Avenue and Main Street. Staff supports both the deviation and departure request. The Community Development Board in its capacity as the Design Review Board (DRB) reviewed the application on April 17, 2023. Two members of the public provided comment in support of the project. The DRB gave input to the applicant requesting more bicycle parking provided, the ground floor accommodate more commercial space, more articulation added to the east wall elevation, and the alley be activated. The DRB also supports the deviation and departure request. The applicant made a comment that they will consider the DRB comments and work with staff. Due to the deviation request from BMC 38.320.050 to allow a portion of the north elevation to encroach into the alley setback, exceeds the 20% threshold, the application requires City Commission approval per 38.200.010.A.1.h. The approval would be to grant the deviation request and approve the site plan and CCOA application with conditions of approval and code provisions. The City Commission is set to review the application at its May 2, 2023 meeting. This application will be on the consent agenda since deviations are purely a local creation and does not require a public hearing. CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. 1. The Applicant is advised that unmet code provisions or code provisions that are not specifically listed as conditions of approval does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code (BMC) or State law. 2. BMC 38.540.060. A proof of allowance to use the parking lot to the north is required prior to final site plan approval. CODE PROVISIONS 1. BMC 38.410.130 - The applicant must pay the Cash-in-lieu of Water Rights (CILWR) prior to final site plan approval. 2. BMC 38.420.030 - The applicant must pay the Cash-in-lieu of Parkland (CILP) prior to final site plan approval. 3. BMC 38.240.350 - A subdivision exemption application is required for the lot merger. It must be filed prior to final site plan approval. 4. BMC 38.340.120 – Historic inventory documentation for 407 W. Main is required prior to final site plan approval. 5. BMC 38.220.080 - Prior to final site plan approval, the applicant must provide a copy of the recorded Waiver of Right to Protest Creation of a Special Improvements District. 6. BMC 38.410.060- Prior to final site plan approval, the applicant must provide a signed hard copy of the public access easement for the sidewalk proposed on the subject property. The easement must be provided using the City's standard easement template. 7. BMC 38.270.030.D - The applicant has applied for concurrent construction of the proposed building and the required sanitary sewer improvements. Prior to building permit approval, the required sanitary sewer improvements must be installed and accepted or the applicant must meet all the requirements for concurrent construction in BMC 38.270.030.D. 174 Staff Report 5th and Main Residences Site Plan/CCOA Application 22321 April 18, 2023 Page 3 of 17 Figure 1: Current Zoning Map 175 Staff Report 5th and Main Residences Site Plan/CCOA Application 22321 April 18, 2023 Page 4 of 17 Figure 2: Community Plan Future Land Use 176 Staff Report 5th and Main Residences Site Plan/CCOA Application 22321 April 18, 2023 Page 5 of 17 Figure 3: Proposed site plan 177 Staff Report 5th and Main Residences Site Plan/CCOA Application 22321 April 18, 2023 Page 6 of 17 Figure 4: 5’ Alley setback deviation request (area highlighted in blue) 178 Staff Report 5th and Main Residences Site Plan/CCOA Application 22321 April 18, 2023 Page 7 of 17 Figure 5-8: Elevations 179 Staff Report 5th and Main Residences Site Plan/CCOA Application 22321 April 18, 2023 Page 8 of 17 180 Staff Report 5th and Main Residences Site Plan/CCOA Application 22321 April 18, 2023 Page 9 of 17 Figure 9: Existing Conditions 181 Staff Report 5th and Main Residences Site Plan/CCOA Application 22321 April 18, 2023 Page 10 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 Traditional Core Yes Zoning B-3 (Downtown Business District) Yes Comments: Growth Policy: Traditional Core: The traditional core of Bozeman is Downtown. This area exemplifies high quality urban design including an active streetscape supported by a mix of uses on multiple floors, a high level of walkability, and a rich architectural and local character. Additionally, essential government services and flexible spaces for events and festivals support opportunities for civic and social engagement. The intensity of development in this district is high with a Floor Area Ratio (FAR) well over 1. As Bozeman grows, continued evolution is necessary for long-term resilience. Challenges do exist, particularly around keeping local identity intact, balancing growth sensitively, and welcoming more transportation modes and residents. Underdevelopment and a lack of flexibility can threaten the viability of the land use designation. Future development should be intense while providing areas of transition to adjacent neighborhoods and preserving the character of the Main Street Historic District through context-sensitive development. The proposal supports infill with high intensity of development and mix of uses. The future development is more intense than what is existing with a FAR over 5. The design, materials, and solid-to-void ratio emulate similar characteristics of what is in the downtown core. Zoning District: Downtown Business District: The intent of the downtown B-3 business district is to provide a central area for the community's business, government service and cultural activities with urban residential development as an essential supporting use. The downtown B-3 district should be the area of greatest density of development, intensity of use, and appropriate infill. Design standards reinforcing the area's historical pedestrian-oriented context are very important. This district encourages high volume, pedestrian-oriented uses in ground floor space in the "core area" of the city's central business district, i.e., along Main Street from Grand to Rouse and to the alleys one-half block north and south from Main Street. Lower volume pedestrian uses such as professional offices may locate on ground floor space in the downtown B-3 area outside the above-defined core. The six story mixed use building supports urban residential development and provides supporting commercial uses. 2. Conformance with Article 1 - All other applicable laws, ordinances, and regulations (38.100.080) Condominium ownership NA Comments: The residential units will be rentals. 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 182 Staff Report 5th and Main Residences Site Plan/CCOA Application 22321 April 18, 2023 Page 11 of 17 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 and 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 0’ 0’ Side 0’ 0’ Alley 5’ 5’ Comments: The proposed setbacks meet the minimum requirements except for a portion of the north elevation that encroaches into the alley setback, which requires a deviation request from 38.320.050. The portion of the elevation that protrudes into the alley setback is about 125 feet or roughly 58% of the total wall plane. This is to accommodate for the parking garage and to provide adequate circulation within it. See section 12 for full analysis of the deviation request. The first floor is commercial space, residential amenities, and a parking garage. There is also underground parking. The residential units are located on the second to sixth floor and make up 121 units. Lot coverage 76% Allowed: 100% Yes Building height 69’-6” Allowed: 70’ Yes Comments: The roof maintains a flat pitch. The building is six stories and the top floor steps back at the top level on Main Street and to the east. 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. 183 Staff Report 5th and Main Residences Site Plan/CCOA Application 22321 April 18, 2023 Page 12 of 17 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 code provision Level of Service 38.400.060 Yes Transportation grid adequate to serve site Yes 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 North 5th 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 with departure 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: The applicant requested a departure from the street vision triangle to allow for encroachment of the southwest corner of the building on 5th and Main. Engineering and Montana Department of Transportation reviewed the departure request and determined that it is appropriate due to the traffic signal and the urban route classification of Main Street. There are no applicable pathways or transportation facilities. No additional public transportation stops are proposed with 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 TD&H Engineering and approved by the City for the proposed project. The sewer main will be upgraded as well as the water and fire service line. The CILWR is required to be paid prior to final site approval. Municipal infrastructure requirements 38.410.070 Yes 184 Staff Report 5th and Main Residences Site Plan/CCOA Application 22321 April 18, 2023 Page 13 of 17 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 TD&H and found adequate by the Engineering Division. The proposed storm water management system consists of rooftop landscaping and drains, parking garage surfaces/drains, sand/oil separator, and floor drain sewer ejector pump. 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 .865 ac. X 12 units/ac. X 0.03 ac.= .31 acres = 11,325 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 requirement. 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 Storefront Yes Departure criteria None NA Comments: Main Street and North 5th Avenue are mixed block frontage. The applicant has proposed storefront along both. Storefront Block Frontage: The building is placed right along the property line of Main Street and 7 feet back from the property line along 5th Avenue to accommodate for the larger sidewalk. The uses along it include commercial space and residential amenities. Façade transparency, building entrances, weather protection, parking location and sidewalk meet the storefront block frontage 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 Yes 185 Staff Report 5th and Main Residences Site Plan/CCOA Application 22321 April 18, 2023 Page 14 of 17 7d. Conformance with Article 5 – Parking (38.540) Meets Code? Parking requirements 38.540.050 121 Yes Parking requirements residential 38.540.050.A.1 121 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 3000 sf of non-residential is not included Provided off-street 138 Provided on-street 9 Bicycle parking 38.540.050.A.4 12 required, 36 proposed Comments: There is parking garage underground and on the first floor. The underground parking has 66 spaces and the first level has 60 spaces. There are 12 parking spaces on the parking lot north of the property and nine on the street. Bicycle parking is located in a bicycle amenity room and along the street. 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 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 sidewalk along Main Street is 13’ and 12’ along 5th Avenue. 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. Vehicular access to the parking garage is taken from the alley to the north. On-site open space 38.520.060 Yes Total required 13,650 SF Yes Total provided 14,620 SF Yes Comments: This proposal meets the open space criteria. Shared open space includes two roof decks, an exterior courtyard, common indoor recreation space. Units that face inward to the courtyard have individual balconies. 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. 186 Staff Report 5th and Main Residences Site Plan/CCOA Application 22321 April 18, 2023 Page 15 of 17 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 along Main Street and 5th Avenue. 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 Yes Comments: The public notice period runs from April 10 to May 2. Two public comments were received at the DRB meeting in support of the project. 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 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 and subchapter 4B for infill development in the B-3 zone. Review of demolition of historic structures or sites 38.340.080 Yes Historic Structure per 38.700.090 Yes 187 Staff Report 5th and Main Residences Site Plan/CCOA Application 22321 April 18, 2023 Page 16 of 17 Comments: The proposed project includes demolition of three structures. 421 W. Main (former Bamboo Garden) and 411 W. Main (former Genuine Ice Cream) are contributing structures and eligible for the National Register of Historic Places. 407 W. Main (office space) is not eligible but requires an updated inventory form as outlined in code provision. 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. 421 and 411 W. Main are eligible structures. Yes 2. Whether the structure has no viable economic life remaining. The existing structures are not appropriate for the underlying B-3 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: Structures cannot be demolished until the site plan and building permit for the subsequent development is approved. Since the property is zoned as B-3, the subsequent development is more appropriate for the site and zone district, will leave the site with a new infill building, and will not result in a vacant site. The Director of Community Development 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. 12. Deviations from Underlying Zoning Requirements (38.340.070) Meets Code? Criteria for Granting Deviations Yes Comments: The deviation request is from 38.320.050 to allow encroachment into the 5-foot alley setback. There are three criteria for granting deviations from the underlying zoning requirement. 1. Modifications must be historically appropriate The portion of the elevation that protrudes into the alley setback is about 125 feet or roughly 58% of the total wall plane. Within the B-3 zone district, historically, many buildings abut the property line or encroach into the 5-foot setback. The existing structures that front the alley encroach into this setback. The intent of the B-3 zone district and Community Plan Future Land Use “traditional core” is to encourage high density that fits within the existing fabric of downtown. Staff finds that this criteria is met. 2. Modifications will have minimal adverse effects on abutting properties. As stated above, the entire wall plane is not encroaching into the alley setback. Meter locations and dumpster pads are located within the 5-foot setback. The Engineering Division, Fire Department, Solid Waste Division, and NorthWest Energy reviewed the alley width and find that there is still adequate alley width for vehicles to get through and the vision clearance triangle is not impacted at the intersection of 5th and the alley. There is an additional 10-foot easement to the north of the alley, which makes the alley 30’ wide. Snow storage will be located in the parking lot to the north of the property. Staff finds that this criteria is met. 3. Modifications must assure the protection of the public health, safety, and general welfare. The alley width and relocation of the utilities assure that there are no potential issues related to public health, safety and general welfare. The image below highlights the part of the building in blue that encroaches into the 5-foot setback. 188 Staff Report 5th and Main Residences Site Plan/CCOA Application 22321 April 18, 2023 Page 17 of 17 189 Memorandum REPORT TO:City Commission FROM:Joseph Swanson, Patrol Captain Jim Veltkamp, Chief of Police SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement and Proposal with Pace Scheduler to Provide the Police Department with a Cloud Based Scheduling Solution MEETING DATE:May 2, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a Professional Services Agreement and Proposal with Pace Scheduler to provide the police department with a cloud based scheduling solution. STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND: The Bozeman Police Department, as an emergency response agency with requirements to operate various shifts 24 hours a day 365 days a year, desires to acquire an alternative software solution that provides the department with timely notification of changes to scheduling, simplifies access and interpretation of the schedule, and provides capabilities to integrate with the City’s payroll system. Since 2020, the police department has been using the cloud based scheduling software CrewSense. Since then, the police department has experienced lengthy customer service interruptions and various limitations of the software. In conjunction with the information technology and human resources departments, the police department researched several alternative vendor solutions and determined Pace Systems Inc as being the best option for the department's needs. Pace Systems Inc offers a scheduling product that reduces the manual entry of officer shifts, assists in aligning officer resources with special events, and offers department supervisory staff the ability to backfill shifts in an efficient and timely manner. Further, the software ensures accurate accounting of the many various shift and specialty assignment pay types. UNRESOLVED ISSUES:None at this time. 190 ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:The yearly subscription cost of $6,350.00 is contained within the police department's operating budget. Attachments: Professional Services Agreement with Pace Scheduler.pdf Exhibit A- Pace Systems Inc Proposal.pdf Exhibit B- Pace Systems Inc Cloud Services Questionaire.pdf Report compiled on: April 20, 2023 191 Professional Services Agreement for Pace Systems Inc Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ____________, 2023 (“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and, Pace Systems Inc. hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2. Term/Effective Date: This Agreement is effective upon the Effective Date for a period of one year unless earlier terminated in accordance with this Agreement. 3. Scope of Services: Contractor will perform the work and provide the services scheduling software for the Bozeman Police Department in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. Contractor agrees to be bound by its responses to the City’s Cloud Questions, attached to this Agreement as Exhibit B and made part of this Agreement. Such responses constitute material consideration for the City to enter into this Agreement and the responses are material representations regarding the Contractor’s performance. 4. Payment: City agrees to pay Contractor the amount specified in the Scope of Services, Exhibit A. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 192 Professional Services Agreement for Pace Systems Inc Page 2 of 11 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. 193 Professional Services Agreement for Pace Systems Inc Page 3 of 11 Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under 194 Professional Services Agreement for Pace Systems Inc Page 4 of 11 this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. Notwithstanding anything to the contrary stated in this Agreement, Contractor does not waive any claim or recourse against the City (including indemnification and reimbursement of its legal fees) for any infringement or usurpation of its intellectual property in violation of the Contractor’s Terms and Provisions set forth in its Exhibit A. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: Workers’ Compensation – statutory; Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Automobile Liability - $1,000,000 property damage/bodily injury per accident; and Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of 195 Professional Services Agreement for Pace Systems Inc Page 5 of 11 notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing 196 Professional Services Agreement for Pace Systems Inc Page 6 of 11 orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d. The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within sixty (60) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Captain Joseph Swanson of the Bozeman Police Department or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing 197 Professional Services Agreement for Pace Systems Inc Page 7 of 11 and may receive approvals or authorization from such persons. b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be Frank Provenzano or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13 Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position 198 Professional Services Agreement for Pace Systems Inc Page 8 of 11 require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The 199 Professional Services Agreement for Pace Systems Inc Page 9 of 11 Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 18. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 200 Professional Services Agreement for Pace Systems Inc Page 10 of 11 25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 28. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 31. Extensions: This Agreement may be extended, upon mutual agreement and the terms detail in Exhibit A, but in no case may this Agreement run longer than February 1, 2027. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA Pace Systems Inc. CONTRACTOR By________________________________ By__________________________________ Jeff Mihelich, City Manager Frank Provenzano Print Title: ____________________________ 201 Professional Services Agreement for Pace Systems Inc Page 11 of 11 APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 202 Steve Mancione 2-14-2023 Pace Scheduler Proposal Bozeman MT - Police Department CPT Joseph Swanson 901 N. Rouse Avenue Bozeman, MT 59715 203 2 OVERVIEW Dear CAPT Swanson, Thank you for taking the time to view a demonstration of our scheduling software. Based on our discussion during the demo, we hope you agree that the software will be an excellent fit for your department. Our system will allow you to quickly and easily: • Create schedules utilizing our permanent shift and customized rotation patterns and populate schedules for any schedule period you choose (ex. 3 months, 6 months, year, indefinitely). We also have excellent electronic shift and vacation bidding features to make creating schedules even more seamless. • Easily identify and fill staffing deficits • Manage on-the-fly schedule changes • Notify and let staff sign up for available extra-duty or open-shift overtime • Send unlimited email and/or text alerts and messages to your staff • Handle time off/overtime requests electronically, all backed by a full audit trail and extremely robust reporting. • Track benefit time • Use assignments to coordinate your staff’s responsibilities. • Ease the burden on your payroll/admin staff by allowing us to create an export for your payroll system at no charge to you. Our extensive experience working with first responders has allowed us to optimize our onboarding and training processes to ensure a successful and smooth transition to our software. You can rest assured that the Pace Team is with you every step of the way! Sincerely, Steve Mancione Business Development Pace Scheduler 204 3 SCOPE OF SERVICES The Pace Scheduler software is an advanced scheduling solution built specifically for the unique needs of first responders. It is an online-hosted solution which allows users 24-7 access anywhere they have an active internet connection. The site is scalable and fully functional on any modern device (tablet, phone, laptop, PC, etc.). The software is based on a yearly subscription model and includes the following: 13 Month first-year term (extra month to cover the setup/onboarding process) Site hosting, Maintenance, Standard Updates, and bug fixes. Unlimited Phone and Email Support (M-F, 8A-5P, NBD response) Initial Online Training for Admins, Supervisors, and Regular Users Unlimited Text/Email Messaging and Alerts Any New Standard Pace Planned Features Released as Part of the Core Software Unlimited Storage of Client Scheduling Data (data is never deleted) Custom Export to Payroll Software (if applicable) Any additional features/needs requiring custom development will be reviewed by the development team for feasibility, a clearly written scope defined, and will be quoted separately. ONBOARDING PROCEDURE Upon purchasing Pace Scheduler, you will receive a welcome email requesting the following: Fill out Google Sheet – details what info we need from you to setup your site, along with examples Fill out Online Google Form – this form requests additional information regarding how your department operates Provide 1-2 months of your current schedule Identify who will be the Pace “Project Lead” and “Co-Lead” for your department – these will be the Pace Scheduler experts from your department who will be the main POC. ONBOARDING ESTIMATED TIMEFRAME The timeline below is merely an estimate and is dependent on many factors including, but not limited to department size, when data is received, client availability and responsiveness, and client scheduled “go-live” date. Phase Timeframe Data Collection Weeks 1-2 Site Setup Weeks 3-4 Review and Training Week 5-6 GO LIVE Weeks 6-7 Custom Payroll Reports TBD 205 4 TERMS AND CONDITIONS PACE SCHEDULER SERVICES AND SUPPORT Subject to the terms of this Agreement, Company will use commercially reasonable efforts to provide Customer the Services as agreed upon. As part of the setup process, Customer will identify the key admin level user who will be the go-to contact person when the Pace Scheduler team needs to contact Company. RESTRICTIONS AND RESPONSIBILITIES Customer will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services (“Software”); modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by Company or authorized within the Services); use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels. Further, Customer may not remove or export from the United States or allow the export or re-export of the Services, Software or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the Software and documentation are “commercial items” and according to DFAR section 252.227-7014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by Customer will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement. Customer represents, covenants, and warrants that Customer will use the Services only in compliance with Company’s standard published Term of Service and all applicable laws and regulations. Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”). Customer shall also be responsible for maintaining the security of the Equipment, Customer account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of Customer account or the Equipment with or without Customer’s knowledge or consent. Notwithstanding anything in this Agreement to the contrary, it is the express intention of the parties to this Agreement that all right, title and interest of whatever nature in the Company’s user manuals, training materials, all computer software, report formats, together with all subsequent versions, enhancements and supplements to said software and written materials, all copyright rights (including both source and object code) and all oral or written information relating to the Company’s software or written materials conveyed in confidence by the Company pursuant to this Agreement which is not generally known to the public and which give the Company an advantage over their respective competitors who do not know or use such information, and all other forms of intellectual property of whatever nature is and shall remain the sole and exclusive property of the Company and shall not be exploited by the Customer, except as expressly set forth herein. CONFIDENTIALITY; PROPRIETARY RIGHTS Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party). Proprietary Information of Company includes non-public information regarding features, functionality and performance of the Service. Proprietary Information of Customer includes non-public data provided by Customer to Company to enable the provision of the Services (“Customer Data”). The Receiving Party agrees: (i) to take reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information after five (5) years following the disclosure thereof or any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without use of any Proprietary 206 Information of the Disclosing Party or (e) is required to be disclosed by law. Customer shall own all right, title and interest in and to the Customer Data. Company shall own and retain all right, title and interest in and to (a) the Services and Software, all improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with Implementation Services or support, and (c) all intellectual property rights related to any of the foregoing. Notwithstanding anything to the contrary, Company shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Customer Data and data derived therefrom), and Company will be free (during and after the term hereof) to use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other Company offerings. No rights or licenses are granted except as expressly set forth herein. PAYMENT OF FEES Customer will pay Company the then applicable fees described in the Order Form for the Services and Custom Implementation Services in accordance with the terms therein (the “Fees”). If Customer’s use of the Services exceeds the Service Capacity set forth on the Order Form or otherwise requires the payment of additional fees (per the terms of this Agreement), Customer shall be billed for such usage and Customer agrees to pay the additional fees in the manner provided herein. Company reserves the right to change the Fees or applicable charges and to institute new charges and Fees upon thirty (30) days prior notice to Customer (which may be sent by email). If Customer believes that Company has billed Customer incorrectly, Customer must contact Company no later than 60 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to Company’s customer support department. Company will bill customer via an invoice. Full payment for invoices issued in any given month must be received by Company thirty (30) days after the mailing date of the invoice. Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection and may result in immediate termination of Service. Customer shall be responsible for all taxes associated with Services other than U.S. taxes based on Company’s net income. TERM AND TERMINATION Subject to earlier termination as provided below, this Agreement shall be automatically renewed for additional periods of the same duration as the Term as specified in the Order Form unless either party requests termination at least thirty (30) days prior to the end of the then-current term. In addition to any other remedies it may have, either party may also terminate this Agreement upon thirty (30) days’ notice (or without notice in the case of nonpayment), if the other party materially breaches any of the terms or conditions of this Agreement. Customer will pay in full for the Services up to and including the last day on which the Services are provided. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability. WARRANTY, MAINTENANCE, AND DISCLAIMER Company shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Implementation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Company or by third-party providers, or because of other causes beyond Company’s reasonable control, but Company shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES AND IMPLEMENTATION SERVICES ARE PROVIDED “AS IS” AND COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. LIMITATION OF LIABILITY NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR BODILY INJURY OF A PERSON, COMPANY AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS 207 AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT OR NEGLIGENCE THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL; MISCELLANEOUS If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sub licensable by Customer except with Company’s prior written consent. Company may transfer and assign any of its rights and obligations under this Agreement without consent. This Agreement and the Professional Services Agreement are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Customer does not have any authority of any kind to bind Company in any respect whatsoever. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. 208 SECURITY STATEMENT The Pace Scheduler is a cloud based software solution which therefore poses little risk to any internal IT networks. Further, no highly sensitive data is stored anywhere within the Pace Scheduler databases. We do not collect social security numbers, payment information, health information, or external passwords. For all of the data that we do collect, we keep it secure in the following ways: The Pace Scheduler uses 256-bit secure sockets layer encryption for all communications with our servers. All data is password protected and multiple security and permission layers are enforced at the application level to ensure only the proper users view the data they are entitled to view. Passwords are encrypted using the PBKDF2 algorithm with a SHA256 hash, a password stretching mechanism recommended by NIST. This means even members of the Pace Scheduler development team cannot gain access to a user’s password. The data is physically stored on the highly secured AWS technology infrastructure. The AWS data center operations have been accredited under ISO 27001, SOC 1 and SOC 2/SSAE 16/ISAE 3402 (Previously SAS 70 Type II), PCI Level 1, FISMA Moderate, Sarbanes-Oxley (SOX). These centers also provide environmental/disaster safeguards, network security safeguards, and system security safeguards that all comply with industry standards. Database backups are taken and stored at regular intervals, no less than once per day, and are also stored within the secure AWS technology infrastructure. Every change to your data is written to write-ahead logs, which are shipped to multi-datacenter, high-durability storage. In the unlikely event of unrecoverable hardware failure, these logs can be automatically 'replayed' to recover the database to within seconds of its last known state. UPTIME AND AVAILABILITY Uptime The PACE Scheduler application is hosted on Amazon Web Services servers, which guarantee a 99.95% uptime. The possible exceptions to this uptime are scheduled maintenance and new feature releases. To date, the Pace Scheduler has kept a historical 99.99% uptime, while frequently releasing features and making many improvements on the application. Scheduled Maintenance When Pace releases new functionality, updates to existing features, or needs to bring the website down for maintenance, Pace will schedule these updates or outages between 1:00AM and 5:00AM US/Central time unless extenuating circumstances exist. During a vast majority of these upgrades there will be no downtime. The reason for scheduling these in the night is to ensure that if downtime happens it will not affect users during normal business hours. There may 209 8 occasionally be exceptions when the Pace team may need to do maintenance during business hours, and in these instances the Pace Scheduler team will communicate as appropriate to any affected clients. SUPPORT TERMS Company will provide Technical Support to Customer via both telephone and electronic mail on weekdays during the hours of 9:00 am through 5:00 pm US/Central time, with the exclusion of Federal Holidays (“Support Hours”). Customer may initiate a helpdesk ticket during Support Hours by calling 630-395-2185 or any time by emailing support@pacescheduler.com. Company will use commercially reasonable efforts to respond to all Helpdesk tickets within one (1) business day. SYSTEM MAINTENANCE AGREEMENT Company may take the software offline for scheduled maintenance that it provides as needed with 24 prior written notice to client. These Majority of updates and bug fixes are completed “in place” with no downtime to client. 210 9 PRICING AND FEES PACE SCHEDULER DATE: February 14, 2023 2040 CORPORATE LANE QUOTATION #: BOZ20221130 NAPERVILLE, IL 60563 QUOTE VALID UNTIL: June 01, 2023 BILL TO: Bozeman MT - Police Department CPT Joseph Swanson 901 N. Rouse Ave. Bozeman, MT 59715 DESCRIPTION TYPE OF FEE TOTAL General Software License Fee - up to 100 Users Yearly Recurring $6,350.00 Setup Fee One-time ($500.00) WAIVED Barcoding Fee Yearly Recurring NA Custom Programming Item #1 (See Exhibit A) One-time NA COST BREAKDOWN: DESCRIPTION TOTAL YEARLY RECURRING TOTAL FEES $6,350.00 ONE-TIME FEES NONE FIRST YEAR TOTAL $6,350.00 * Please check the option below to add Single Sign On (SSO) through Microsoft Azure to your subscription: __YES - ___NO_X__ SSO Pricing: $952.00 / Year ($952.00 subscription total per year with SSO) * Purchase a multi-year subscription (2 or 3 year options available) in order to lock in your current pricing with no increases throughout the multi-year subscription contract. Payment is due upfront for selected number of years in order to take advantage of this offer. Please check the option below if you would like to take advantage of a multi-year subscription agreement: _ $12,700.00_______ Two-Year Subscription Option (2-Year total due upfront) _ $19,050.00_______ Three-Year Subscription Option (3-Year total due upfront) 211 10 EXHIBIT A Custom Implementation Services Custom Implementation Services: Pace will use commercially reasonable efforts to provide Customer the additional services and/or functionality described here in Exhibit A (hereafter referred to as Custom Implementation Services), and Customer shall pay Company the Custom Implementation Fee in accordance with the terms herein. This exhibit describes all items that go beyond the scope of the core Pace Scheduler program and are therefore considered to be Custom Implementation Services: N/A. Customer did not request any Custom Implementation Services in this contract. 212 11 PACE SCHEDULER SERVICES AGREEMENT QUOTATION #: NEB20221006 This Pace Scheduler Services Agreement (“Agreement”) is entered into on _____________________ (the “Effective Date”) between Pace Systems, Inc. with a place of business at 2040 Corporate Lane, Naperville, IL 60563 (“Company”), and the Customer listed above (“Customer”). This Agreement includes and incorporates the proposal in its entirety, as well as the stated Terms and Conditions and contains, among other things, warranty disclaimers, liability limitations and use limitations. There shall be no force or effect to any different terms of any related purchase order or similar form even if signed by the parties after the date hereof. Pace Systems, Inc.: Customer: Signature: Signature: Name: Name: Jeff Mihelich Title: _______ Title: Bozeman City Manager Date: ____________________________ Date: ___________________________________ PO# (If Applicable): ________________________ 213 12 CLIENT BILLING INFORMATION Date: Company Information Company Name: Bozeman Police Department Company Address: 901 N. Rouse Ave. City: Bozeman State: MT Zip Code: 59715 Phone Number: 406-582-2000 Fax Number: 406-582-2002 Website: Bozemanpolice.com Company Contact: Joseph Swanson Title: Captain Phone Number: 406-582-2951 Tax Exempt X Yes No FEIN#: 81-600123 Accounting Contact Name: Joseph Swanson Phone: 406-582-2951 Email: jswanson@bozeman.net Authorized Signature Title Date 214 13 PLEASE EMAIL A COPY OF YOUR COMPLETED W9 FORM TO YOUR ACCOUNT MANAGER In order to move forward, we will need the following from you: 1. Copy of signed Proposal 2. Completed Client Billing Information (see Page 12) 3. PO (if you use them) 4. Tax Exempt Certificate 5. Completed W9 Form 6. Full contact information (name, phone, email) for the following: Project Lead Co-Lead Head of Department - (this person will be copied on correspondence and progress) Payroll Contact – Person who manages the payroll software (if you want us to build a payroll export) The Project Lead/Co-Lead will be the main points of contact for us, will fill out the information we need to setup your new site, and will be the driving force at your department to get everyone on board. Once we receive the above information, we will send out a welcome email within 24 hours to the Project Lead and Co- Lead. The welcome email will detail the information we need from you in order to setup your site. Once you receive it, please do not fill anything out until we have had a chance to review it together. This reduces the chance of errors, which may delay the building of your new Pace Scheduler site. 215 Cloud Services Questions 1) Service Levels: What level of service should we expect? What is the City’s recourse for excessive downtime? Refund of percentage of monthly fee? To date, the Pace Scheduler has kept a historical 99.996% uptime. We are committed to an uptime that exceeds the guaranteed Amazon Web Services standard of 99.99% 2 ) Data Ownership: Who owns the data we provide and what can be done with the data? Your organization owns the data, Pace owns the service, including the website, web services, and associated intellectual property. We only use your data as needed to provide your scheduling services and we don’t sell any of your information or data to third parties. 3) ADA Compliance: If your proposed services include websites, they must be AA compliant as defined by WCAG (Web Content Accessibility Guidelines) standards. Please see our attached VPAT info. 4) Data Security: How secure is our data and how is it being kept secure? a. If this is a multi-tenant environment on the same hardware how is our data kept separate and secure from other customers, including any PII (Personally Identifiable Information) that may be gathered? b. If PII is gathered, is it encrypted in transit and at rest? c. If credit card transactions are occurring is your system fully PCI compliant? Authentication SSL, hashed and salted passwords, cookie-based user sessions. Authorization Client accounts, User accounts, Groups, Permissions Privacy personally identifiable information (PII) ● First and last name ● email ● phone number (optional) ● Address (optional) Encryption Secure Sockets Layer (SSL) for all over the web interactions. RSA 256 block level storage encryption for data at rest and backups. 216 Permissions: Binary (yes/no) flags designating whether a user may perform a certain task. Groups: A generic way of applying labels and permissions to more than one user. No credit card transactions occur within our software. 5) Data Integrity: What do you do as a vendor to ensure our data maintains its integrity? Logging Logging is handled by third party integration with heroku which provides devops features such as continuous logging through the sentry application. Auditing Pace Scheduler provides an internal audit trail of user actions for accountability and traceability including action taken and timestamps. We also have a secondary layer of auditing only accessible by our team if further traceability or accountability is needed such as the origin IP, and/or device information related to the action. 6) We require data centers to be located in the United States: What country will our data be located in? United States 7) Responding to legal demands to disclose data: What is your process when someone subpoenas or requests our data from you as a vendor? We comply with any and all legal requests for data and will notify our clients of actions taken within the scope of what is legally required and allowed per the terms of subpoenas. 8) Reporting: What is your protocol for data breaches? Pace Scheduler has not had any data breaches to date. In the event of a data breach our goal is to address and eliminate any active data breach, evaluate the scope of data breached, and provide reporting of any events in as timely as a manner without unreasonable delay, and no later than applicable local and federal laws permit. 9) Disaster Recovery: What protections/protocols do you have in place to mitigate disasters? Regarding data: Hourly Backups kept 1 week, Daily backups kept 1 month. Monthly backups kept forever. Along with database redundancy to avoid a single source of failure. Backups are stored in completely separate infrastructure. Regarding services: Separate standby servers are ready to take over in the event our current host or environment encounters any serious issues. 10) Business Continuity/Exit: If you decide to bring your business to an end or we end our relationship, what happens to our data? If you give us a copy of our data, what format options will there be for our data and what assistance will you provide getting our data to us? 217 We can provide exported CSV, Excel, and PDF reporting of your data within the limitations of our reporting and data export software. This data set is complete with times, dates, people, exceptions, etc. of all times worked by your staff. 11) Termination rights and consequences: What is your termination policy both for you as a vendor and us as a customer? Typical contract agreements are for a period of 1 year or longer. We will continue providing support for your site for the entire duration of the signed agreement time and you may choose to speak with us about an early termination of the agreement which will be refunded at a prorated rate for the unused months of the agreement or you may decide not to renew the agreement at the end of the term. Questionnaire Completed by:____________________________ Date:_________________ 1/9/2023 218 Memorandum REPORT TO:City Commission FROM:Chris Saunders, Community Development Manager Erin George, Community Development Deputy Director Anna Bentley, Community Development Director SUBJECT:Authorize the City Manager to Sign an Professional Services Agreement with TischlerBise for Update to Impact Fee Service Area Reports and Impact Fee Schedule MEETING DATE:May 2, 2023 AGENDA ITEM TYPE:Agreement - Legal RECOMMENDATION:Authorize the City Manager to Sign an Professional Services Agreement STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:The City uses impact fees to help fund construction of infrastructure necessary to support new development. An adopted fee schedule establishes the cost of services per unit of demand. The City updates the studies to establish unit costs every four years. A request for proposals was issued and a consultant selected for the latest update cycle. TischlerBise is the selected contractor and has done this work for the City before. This professional services agreement will begin the formal process of the update. Expected work time for this project is one year. UNRESOLVED ISSUES:None. ALTERNATIVES:As identified by the City Commission FISCAL EFFECTS:Funds for this project are drawn from the administrative fee included in the impact fee program and authorized in state law. Necessary funds have been identified and set aside for this work. Attachments: Consultant Signed PSA 4-20-2023.pdf Insurance package.pdf Report compiled on: April 20, 2023 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 04/20/2023 Henry A Latimer and Son, Inc. 4701 Sangamore Rd. Suite S-250 Bethesda MD 20816 Marty Ramey (301) 229-1500 (301) 320-2458 TISCHLERBISE INC 4701 SANGAMORE RD STE S240 Suite S240 BETHESDA MD 20816-2512 Erie Insurance Exchange 26271 Standard Fire Insurance Co 19070 Travelers Indemnity Co 25658 MASTER CERT A Y Y Q97-0143648 06/01/2022 06/01/2023 1,000,000 1,000,000 5,000 2,000,000 2,000,000 2,000,000 A Y Y Q97-0143648 06/01/2022 06/01/2023 1,000,000 A Y Y Q30-0171541 06/01/2022 06/01/2023 1,000,000 1,000,000 B N Y UB00N202146 10/22/2022 10/22/2023 1,000,000 1,000,000 1,000,000 C Professional Liability 105783307 05/28/2022 05/28/2023 $1,000,000 claims made retro date: 2015 CITY OF BOZEMAN, MONTANA its officers, elected and appointed officials, employees and agents are listed as an additional insured. Waiver of Subrogation as per contract applies. CITY OF BOZEMAN, MONTANA PO Box 1230 BOZEMAN MT 59771 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCEDAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 235 04/20/2023 Henry A Latimer and Son, Inc. 4701 Sangamore Rd. Suite S-250 Bethesda MD 20816 Marty Ramey (301) 229-1500 (301) 320-2458 TISCHLERBISE INC 4701 SANGAMORE RD STE S240 Suite S240 BETHESDA MD 20816-2512 Erie Insurance Exchange 26271 Standard Fire Insurance Co 19070 Travelers Indemnity Co 25658 MASTER CERT A Y Y Q97-0143648 06/01/2023 06/01/2024 1,000,000 1,000,000 5,000 2,000,000 2,000,000 2,000,000 A Y Y Q97-0143648 06/01/2023 06/01/2024 1,000,000 A Y Y Q30-0171541 06/01/2023 06/01/2024 1,000,000 1,000,000 B N Y UB00N202146 10/22/2022 10/22/2023 1,000,000 1,000,000 1,000,000 C Professional Liability 105783307 05/28/2023 05/28/2024 $1,000,000 claims made retro date: 2015 CITY OF BOZEMAN, MONTANA its officers, elected and appointed officials, employees and agents are listed as an additional insured. Waiver of Subrogation as per contract applies. CITY OF BOZEMAN, MONTANA PO Box 1230 BOZEMAN MT 59771 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCEDAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 236 ERIE INSURANCE GROUP COMMERCIAL/GARAGE AUTO ABAZ10 (Ed. 6/11) UF-5072 Q97-0143648 ADDITIONAL INSURED ENDORSEMENT DEFINITIONS "Additional Insured" means the person or organization shown on the "Declarations" as an "ADDITIONAL INSURED." OUR PROMISE Under Liability Protection, "we" will pay all sums the "Additional Insured" legally must pay as damages arising out of the acts or omissions of: 1. the "Named Insured" or any "relative;" 2. any employee or agent of the "Named Insured;" or 3. any other person, except the "Additional Insured" or any employee or agent of the "Additional Insured" using an "auto we insure" with the "Named Insured's" permission. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US If any person or organization to or for whom "we" make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to "us." That person or organization must do everything necessary to secure our rights and must do nothing after "accident" or loss to impair them. "We" waive any right of recovery "we" may have against a person or organization identified as an "Additional Insured" in the "Declarations" because of payments "we" make for injury or damage arising out of the ownership, maintenance or use of a covered "auto" under a contract with that "Additional Insured." SPECIAL CONDITIONS 1. If this policy is cancelled by "us," "we" will mail notice to the "Additional Insured" at least 30 days prior to the cancellation date. (Maryland Exception: "We" will mail notice at least 30 days in advance of the effective date of cancellation for non-payment of premium. If this policy is cancelled by "us" for any other reason, "we" will mail notice at least 45 days in advance of the effective date of cancellation.) 2. If this policy is cancelled by the "Named Insured," "we" will mail notice of cancellation to the "Additional Insured." 3. The "Additional Insured" will never be asked to pay a premium for this policy. 4. Protecting the "Additional Insured" under this policy shall not increase the limits of protection. OTHER PROVISIONS All other provisions of the policy apply. 237 COMMERCIAL GENERAL LIABILITY CG 20 10 (Ed. 7/04) UF-9665 POLICY NUMBER: Q 970143648 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) Or Organization(s): City of CITY OF BOZEMAN, MONTANA Location(s) of Covered Operations. As required by contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Copyright ISO Properties, Inc., 2004- 238 ERIE INSURANCE COMMERCIAL GENERAL LIABILITY CG 20 26 (Ed. 4/13) UF-9704 POLICY NUMBER: Q970143648 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) CITY OF BOZEMAN, MONTANA Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and B. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. . © Insurance Services Office, Inc., 2012 1 239 240 WORKERS COMPENSATION AND EMPLOYERS’ LIABILITY WC 00 03 13 (Ed. 1/86) UF-8641 Policy No: UB00N202146 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. CITY OF BOZEMAN, MONTANA Use this endorsement to waive the company's right of subrogation against named third parties who may be responsible for an injury. 1. The sentence is optional with the company. It limits the endorsement to apply only to specific jobs of the insured, and only to the extent that the insured is required to obtain this waiver. 2. The following entry must be added to the endorsement when used in Hawaii: "The premium charge for the endorsement is $_________________." 3. The endorsement does not apply to policies in Missouri where the employer is in the construction group of code classifications. According to section 287.150 (6) of the Missouri statutes, a contractual provision purporting to waive subrogation rights is against public policy and void where one party to the contract is an employer in the construction group of code classifications. 4. In most states, Including Florida, any associated premium charge must be filed and approved prior to use. 5. No charge or fee is applicable for using this endorsement in the state of Tennessee. Refer to Tennessee State Statute Special Rule 3-A-22 of the Basic Manual. Copyright 1986 National Council on Compensation Insurance. 241 COMMERCIAL GENERAL LIABILITY CG 24 04 (Ed. 5/09) UF-9931 Policy No: Q970143648 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: CITY OF BOZEMAN, MONTANA Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights We waive any right of recovery we may have against the Of Recovery Against Others To Us of Section IV – Conditions: - person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. © Insurance Services Office, Inc., 2008 242 Memorandum REPORT TO:City Commission FROM:Addi Jadin, Park Planning and Development Manager Mitch Overton, Director of Parks and Recreation SUBJECT:Authorize the City Manager to Sign First Amendment to Professional Landscape Architecture Services Agreement with Field Studio Landscape Architects, PLLC for Story Mill Community Park Splash Pad Construction Administration MEETING DATE:May 2, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign Professional Services Agreement with Field Studio Landscape Architects, PLLC for Story Mill Community Park Splash Pad Construction Administration STRATEGIC PLAN:3.4 Active Recreation: Facilitate and promote recreational opportunities and active health programs and facilities. BACKGROUND:The City entered into a professional services agreement with Field Studio Landscape Architects, PLLC, on January 24, 2023. Field Studio has requested an adjustment to the Commercial General Liability amounts to align with their existing coverage which has been reviewed by appropriate City staff. UNRESOLVED ISSUES:NA ALTERNATIVES:Per Commission FISCAL EFFECTS:NA Attachments: First_Amendment.pdf Report compiled on: April 20, 2023 243 First Amendment to Professional Services Agreement for Story Mill Park Splash Pad Construction Administration FY 2023 – FY 2024 Page 1 of 2 FIRST AMENDMENT TO PROFESSIONAL LANDSCAPE ARCHITECTURE SERVICES AGREEMENT THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR Story Mill Community Park splash pad construction administration dated January 24, 2023 (the “Agreement”) is made and entered into this _____ day of ____________, 202__, by and between the CITY OF BOZEMAN, MONTANA, a self governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and Field Studio Landscape Architects, PLLC, 722 North Rouse Ave., Bozeman, Montana, hereinafter referred to as “Field Studio” or “Landscape Architect.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement as follows: 1. Reduce Insurance Coverage. Section 9 of the Agreement is amended to change the coverage required for Commercial General Liability to $1,000,0000 per occurrence and $2,000,000 annual aggregate. 2. Agreement still valid. All remaining terms and provisions of the Agreement remain valid. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 244 First Amendment to Professional Services Agreement for Story Mill Park Splash Pad Construction Administration FY 2023 – FY 2024 Page 2 of 2 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA FIELD STUDIO LANDSCAPE ARCHITECTS By________________________________ By_____________________________ Jeff Mihelich, City Manager Charlie Kees, Principal APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 245 Memorandum REPORT TO:City Commission FROM:Shawn Kohtz, City Engineer Nick Ross, Transportation & Engineering Director SUBJECT:Authorize the City Manager to sign Professional Services Agreement Amendment Number 1 for the Engineering Design Standards Update Phase 2 with Morrison Maierle MEETING DATE:May 2, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign Professional Services Agreement Amendment Number 1 for the Engineering Design Standards Update Phase 2 with Morrison Maierle. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Phase 1 of the engineering design standards update is complete. Phase 1 work focused on establishing a baseline for the overall standards update, obtaining targeted stakeholder input, and developing draft storm drainage design standards. Phase 2 work will provide an overall update of the City of Bozeman Design Standards and Specifications Policy (DSSP) and the City of Bozeman Modifications to the Montana Public Works Standard Specifications (City Modifications). The overarching function of the DSSP and City Modifications is to protect public health and safety, provide for clear design criteria, provide review procedures and inspection requirements, and generally promote operational efficiency while minimizing cost of public infrastructure. The current DSSP was formally adopted in 2004 and has been updated via seven addendums since that time. Additionally, the Montana Public Works Standard Specifications (MPWSS), sixth edition, from April 2010 has been revised, and a new comprehensive MPWSS Version 7 was recently released. The City Modifications to these standards must be updated to amend the MPWSS for local conditions. Primary objectives of this comprehensive update are to modernize the standards, organize the standards for clarity, investigate and implement changes to advance affordable housing by minimizing life-cycle costs associated with public infrastructure, include design criteria from the City’s 246 infrastructure facility plans, and ensure consistency with state and federal regulatory requirements. Phase 2 work will include community engagement largely focused on the design professional community including key stakeholders both within and outside of the City organization. Phase 1 work was completed under the original professional services agreement understanding that Phase 2 work would follow after further clarity on the scope was defined from Phase 1; that original professional services agreement is included as an attachment. Follow the link to view the original PSA with Morrison-Maierle UNRESOLVED ISSUES:None ALTERNATIVES:As determined by the City Commission. FISCAL EFFECTS:The total project cost is $267,200 per the attached City of Bozeman Design Standards Update Phase 2 Scope of Services. Funds are included in fiscal year 2023 and proposed 2024 budgets, and those budgets are sufficient for this work including funds from the Engineering, Stormwater, and Water Conservation Divisions. If fiscal year 2024 budget for this work is not approved, this project will be cancelled, but fiscal year 2023 budget is sufficient to begin this effort. Attachments: PSA Amendment 1_Phase 2 Exhibit A Phase 2 Design Standards Scope of Services.pdf Report compiled on: April 20, 2023 247 1 Amendment No. 1 to Professional Services Agreement for City of Bozeman Design Standards Update THIS AGREEMENT is made as of this ________ day of ____________________, 2023, between THE CITY OF BOZEMAN, a Municipal Corporation, Bozeman, Montana, herein referred to as OWNER and Morrison-Maierle, an Engineering Consulting Firm of Bozeman, Montana, herein referred to as ENGINEER. WHEREAS, the parties have entered into a Professional Services Agreement dated January 14, 2021, herein referred to as Original Agreement for professional engineering services; and WHEREAS, the parties desire to further amend the provisions of this Agreement. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, the parties agree as follows: amend the scope and fee to provide for Phase 2 of the City of Bozeman Design Standards Update Project per the attached Exhibit A. Except as specifically amended herein, the original agreement shall remain in full force and effect and the Parties shall be bound by all terms and conditions therein. IN WITNESS WHEREOF, the parties hereto do make and execute this Agreement on the day and year first above written. CITY OF BOZEMAN By: ______________________________________ ATTEST: ________________________________________ Mike Maas City Clerk APPROVED AS TO FORM By:____________________________________ City Attorney ENGINEER By:_______________________________________ Its:______________________________________ ATTEST: By:___________________________________ 248 April 24, 2023 Shawn Kohtz, PE City of Bozeman 20 E. Olive Street Bozeman, MT Re: City of Bozeman Design Standards Update – Phase 2 Scope of Services Dear Mr. Kohtz: The Morrison-Maierle/DOWL Team is pleased to provide you with a scope and budgetary fee proposal for Phase 2 of the City of Bozeman Design Standards Update project. Project Description The project goal is to update the City of Bozeman Design Standard and Specifications Policy (DSSP) and the City of Bozeman Modifications to the Montana Public Works Standard Specifications (City Modifications). Phase 1 generally consisted of gathering feedback from City staff regarding the existing design standards, design storm precipitation update, and initial development of the new storm drainage standards. Phase 1 also included some consultation with affordable housing and sustainability staff. Phase 2 will consist of completing updates to the core standards, developing compact development standards, and updating the City Modifications to MPWSS. It is understood that others are working on developing standards for pressure reducing valve vaults and SCADA which may be incorporated into the overall DSSP document. Our Professional Services Fees are based on the anticipated Scope of Services outlined below. Phase 2 Scope of Services The DSSP updates are summarized as follows: Core Standards Phase 2 Scope Front End (Chapters 1 – 4) Fully develop Water and Sewer (Chapters 5 & 6) Fully develop Storm Drainage (Chapter 7) Fully develop Transportation (Chapter 8) Fully develop Lighting and Electrical (Chapter 9) Additional Services item Appendices Fully develop Additional Standards Compact Development Standards Fully develop ROW Landscaping Standards Fully develop Roundabouts Additional Services item Signals Additional Services item Lift Stations Additional Services item Exhibit A 249 Pressure Reducing Valves Not in scope – by others SCADA Not in scope – by others Non-Potable Irrigation Not in scope Progressive drafts of the design standards will be provided to the City for review. Drafts of the standards will include symbols to identify two categories of standards: · State or Federal Standard (items without flexibility). o The source will be identified (i.e. federal, state, building code, industry standard, etc.) · Local Standard (items with flexibility and alternatives to consider) A concise White Paper will be created for selected Local Standard for stakeholder education and City consideration. The White Papers will be referenced in progressive drafts of the DSSP and may include the following components: · Why standard was chosen for analysis · Identify alternatives including which is the current standard · Establish pros and cons of each alternative · Establish significance of changes and cost implications relative to current standard · Use graphics when possible and present in easy-to-understand terms · Recommendations will not be made unless requested for a specific item · Compare to other communities where applicable · Assume five White Papers It is expected that the following White Paper topics will be explored: · Compact Development Standards · Administrative waiver process · Affordable Housing Peer Community Summary Design Standards deliverables will be as follows: 1. Phase 1 Recap a. Summarize Phase 1 City Staff input and identify outstanding items. The DSSP Comment Matrix on the project Teams site generated during Phase 1 will be utilized b. City to provide direction regarding Phase 1 input 2. Preliminary Draft Standards a. Detailed DSSP Outline b. Focus on State and Federal Standards c. Provide concise White Papers for selected Local Requirements d. Refer to input from Phase 1 e. Prepare stakeholder/design professional community outreach plan and implement plan 3. Final Draft Standards a. Incorporate City comments from Preliminary Draft Review b. Incorporate broader stakeholder feedback with City consultation c. Resolve remaining White Paper items if possible d. Identify unresolved White Paper items for future policy decisions e. Incorporate feedback from stakeholder/design professional community outreach and issue draft for final comment f. Present to City Commission 250 4. Final Document a. Incorporate comments from Final Draft Review b. Finalize formatting and prepare for publishing Task 000 – Project Management · Contracting, accounting, and management of review personnel · Check-in meetings every two weeks Task 100 – Establish Baseline for Standards Update Task 100 scope was completed in Phase 1. Phase 2 adds review of Bozeman UDC to determine which components should be moved from the UDC to the DSSP. A summary of items will be generated for City review and direction. Task 200 – Meeting Facilitation and Community Engagement Phase 2 will include meeting facilitation and team collaboration with an expanded focus to include key stakeholders in addition to City staff. The Microsoft Teams platform will continue to be used to distribute information and facilitate review and discussion. · Organize feedback collected to-date and distribute to project team. · Develop a Community Engagement Plan · Develop content for a page on the City website (engage.bozeman.net) to inform the public and stakeholders about the DSSP update. This content will include a simple Survey Monkey questionnaire to capture stakeholder input about challenges encountered with the current document. Assume two updates. A summary of comments will be generated for City review and direction. · Present on DSSP update to Design Professionals meeting to inform about the update and collect input about challenges encountered with the current design standards. · Facilitate meetings between project team and City staff to discuss the Preliminary Draft Standards. Discussions will be broken into the following segments: o Water/sewer o Transportation o Stormwater o All staff – compact development standards, administrative waiver process, and affordable housing · Present Preliminary Draft Standards at City Commission Work Session to collect input. · Present Preliminary Draft Standards to Design Professional meeting to collect input. · Develop graphics for use in the DSSP and/or White Papers (assume 8 graphics). Task 300 – Affordable Housing Infrastructure and Sustainability Design Standards Affordable housing and sustainability research and local input will inform final recommendations and education materials generated. Final recommendations developed by consultant team will be related to engineering design standards revisions. Modifications to policy and development code (planning) are outside of the scope of this project, however it is expected that these topics could be encountered during discussions with stakeholders. Items that affect policy and code areas will be documented for the appropriate parties or projects to consider. · Perform background research of three other communities and summarize each community’s experience with engineering design standards that address affordable housing needs. The summaries will be succinct and will highlight good ideas and lessons learned in memo format. The communities to be researched will be selected with input from City staff. · Develop compact development standards for inclusion in Design Standards 251 Task 400 – Design Storm Precipitation Update Task 400 completed in Phase 1 Task 500 – Storm Drainage Standards Update An initial draft of the Storm Drainage Standards was completed in Phase 1 in collaboration with City Stormwater personnel. This chapter will be integrated with the rest of the standards following the Preliminary Draft, Final Draft, and Final Document deliverable process described above. · Remaining comments from Phase 1 of the draft standards will be addressed and the associated appendix materials will be developed. · It is envisioned that specific design guidance and checklists will be developed, drawing from the more detailed presentation of the methodologies from the Phase 1 draft of the storm drainage standards. · Update Section 02720 of the City Standard Modifications to the MPWSS as described in Task 1000 – City Modifications to MPWSS. · Update standard drawings related to storm drainage items Task 600 – Front End The “Front End” is comprised of items such as Construction within City Right-of-Way, Construction Inspections, Design Criteria, Project Submittals, and Development requirements. It is proposed to fully develop the Front End (Chapters 1-4) following the Preliminary Draft, Final Draft, and Final Document deliverable process described above. Task 700 – Water and Sewer Standards It is proposed to fully develop the Water and Sewer Standards (Chapters 5 and 6) following the Preliminary Draft, Final Draft, and Final Document deliverable process described above. Task 800 – Transportation It is proposed to fully develop the Transportation Standards (Chapter 8) following the Preliminary Draft, Final Draft, and Final Document deliverable process described above. Task 900 – Lighting and Electrical It is proposed to address the existing Lighting and Electrical Standards (Chapter 9) in a future phase or authorization. Task 1000 – City Modifications to MPWSS The 7th Edition of the Montana Public Works Standard Specifications is now available. · Incorporate feedback gathered from City Staff during Phase 1 · Matrix comparing new version of MPWSS to previous version · Update City Modifications to MPWSS following the Preliminary Draft, Final Draft, and Final Document deliverable process described above. · Update Standard Details for consistency in appearance, text size, title block, etc. Modify content as needed. Assume 20 sections and 70 drawings Task 1100 – White Papers It is assumed that five white papers will be developed for Local Standards as described above. Task 1200 – ROW Landscaping Standards It is proposed to fully develop the ROW Landscaping Standards following the Preliminary Draft, Final Draft, and Final Document deliverable process described above. These standards would 252 be coordinated with the City’s Water Conservation Program staff and be incorporated into the Transportation Standards (Chapter 8). · Landscape requirements and irrigation limitations within the City ROW (boulevards and median) · Develop graphics for use in the ROW Landscaping Standards (assume 5 graphics) · Work by the Water Conservation Program staff will be leveraged. It is assumed that a separate landscape architect will not be required Estimated Professional Services Fees Based on our current understanding of the Phase 2 Scope of Services outlined in this letter, the estimated fees for each of the major tasks are summarized below. A detailed breakdown is enclosed as “Attachment 1”. Task 000 Project Management $ 23,100 Task 100 Establish Baseline for Standards Update (UDC) $ 8,000 Task 200 Meeting Facilitation and Community Engagement $ 25,700 Task 300 Affordable Housing and Sustainability $ 7,500 Task 400 Design Storm Precipitation Update $ 0 (Completed Ph1) Task 500 Storm Drainage Standards Update $ 25,100 Task 600 Front End $ 13,400 Task 700 Water and Sewer Standards $ 31,500 Task 800 Transportation Standards $ 31,800 Task 900 Lighting and Electrical Standards $ 0 (See Below) Task 1000 City Modifications Update $ 57,300 Task 1100 White Papers $ 26,400 Task 1200 ROW Landscaping Standards $ 17,400 Total $267,200 Additional Services It is proposed to move forward with the primary Phase 2 Scope of Services described above. Scope and fees for the following Additional Services items can be developed and authorized upon further discussion: · Lighting and Electrical · Roundabouts · Signals · Lift Stations The Morrison-Maierle/DOWL Team is excited to continue working with you to update the City of Bozeman’s Design Standards. If you have any questions, please don’t hesitate to contact me. Sincerely, Morrison-Maierle ______________________________ Brad Hammerquist, PE Project Manager cc: File 253 PM CMS1 QA1 QA2 QA3 DT1 DT2 DT3 CAD ADM1 ADM2 Subtotal Subtotal SM3 SM4 E7 E6 E4 E3 E2 E1 PIC GD WPS Subtotal Subtotal Task 000 Project Management 010 Project/Contract Administration 20 20 3,660$ 0 -$ 020 Project Management and Coordination 20 20 3,660$ 24 24 6,240$ 030 Biweekly Check-In with Shawn 16 16 2,928$ 0 -$ 040 Monthly Team Check-In 8 8 16 3,368$ 8 8 16 3,200$ Hours Sub-Total 64 8 0 0 0 0 0 0 0 0 0 72 13,616$ 32 0 0 0 0 0 0 0 8 0 0 40 9,440$ Task 100 Establish Baseline for Standards Update Review UDC 30 6 36 6,918$ 4 4 1,040$ Hours Sub-Total 30 6 0 0 0 0 0 0 0 0 0 36 6,918$ 4 0 0 0 0 0 0 0 0 0 0 4 1,040$ Task 200 Meeting Facilitation and Community Engagement 210 Organize feedback collected to-date 2 2 366$ 2 6 8 1,360$ 220 Develop Community Engagement Plan 2 2 4 842$ 2 16 18 2,760$ 230 Develop website content (2)2 2 366$ 2 12 6 20 2,890$ 240 Present DSSP at Design Professionals Meeting (2) and City Comission Work Session 6 6 12 2,526$ 6 18 6 30 4,770$ 250 Meeting Facilitation: City Staff - Water/Sewer, Transportation, and Stormwater 6 6 12 2,526$ 6 6 12 2,400$ 260 DSSP and White Paper Graphics (assume 8 graphics)0 -$ 12 24 4 40 4,920$ Hours Sub-Total 18 14 0 0 0 0 0 0 0 0 0 32 6,626$ 18 0 0 0 0 0 0 0 70 36 4 128 19,100$ Task 300 Affordable Housing and Sustainability Infrastructure Standards 310 Community Research and Memo 4 4 8 1,640$ 12 12 3,120$ 320 Identify Applicable Items and Incorporate Into Standards 4 2 6 1,208$ 6 6 1,560$ 0 -$ 0 -$ Hours Sub-Total 8 2 0 0 0 4 0 0 0 0 0 14 2,848$ 0 18 0 0 0 0 0 0 0 0 0 18 4,680$ Task 400 Design Storm Precipitation Update (Complete) 0 -$ 0 -$ Hours Sub-Total 0 0 0 0 0 0 0 0 0 0 0 0 -$ 0 0 0 0 0 0 0 0 0 0 0 0 -$ Task 500 Storm Drainage Standards Development 510 Format Current Draft and Develop Appendix Materials 0 -$ 28 24 52 12,080$ 520 Updates to Section 02720 of Standard Mods to MPWSS 0 -$ 10 8 18 4,200$ 530 Address Review Comments from each submittal (2)0 -$ 10 10 2,600$ 540 Publish Final Standards 2 2 226$ 8 4 8 20 3,840$ 550 Peer Review 2 10 12 2,196$ 0 -$ Hours Sub-Total 0 0 0 0 0 0 2 10 0 0 2 14 2,422$ 56 0 36 0 0 0 0 0 0 0 8 100 22,720$ Task 600 Front End 610 Develop Preliminary Draft 24 4 2 30 5,820$ 0 -$ 620 Develop Final Draft 16 16 2,928$ 0 -$ 630 Address Review Comments from each submittal (2) 2 2 4 842$ 0 -$ 640 Publish Final Standards 6 6 678$ 0 -$ 650 Peer Review 0 -$ 6 8 14 3,160$ Hours Sub-Total 42 6 2 0 0 0 0 0 0 0 6 56 10,268$ 6 0 8 0 0 0 0 0 0 0 0 14 3,160$ Task 700 Water and Sewer Standards 710 Develop Preliminary Draft 40 8 4 10 8 70 14,230$ 0 -$ 720 Develop Final Draft 30 2 2 5 5 20 64 12,587$ 0 -$ 730 Address Review Comments from each submittal (2) 3 3 2 8 1,629$ 0 -$ 740 Publish Final Standards 6 6 678$ 0 -$ 750 Peer Review 0 -$ 12 12 2,400$ Hours Sub-Total 73 13 6 5 15 0 30 0 0 0 6 148 29,124$ 0 0 12 0 0 0 0 0 0 0 0 12 2,400$ Task 800 Transportation Standards 810 Develop Preliminary Draft 2 80 82 18,526$ 0 -$ 820 Develop Final Draft 2 40 42 9,446$ 0 -$ 830 Address Review Comments from each submittal (2) 2 2 4 820$ 0 -$ 840 Publish Final Standards 6 6 678$ 0 -$ 850 Peer Review 0 -$ 12 12 2,280$ Hours Sub-Total 6 0 0 0 0 122 0 0 0 0 6 134 29,470$ 0 0 0 12 0 0 0 0 0 0 0 12 2,280$ Task 900 Lighting and Electrical 510 Develop Preliminary Draft 0 -$ 0 -$ 520 Develop Final Draft 0 -$ 0 -$ 530 Address Review Comments from each submittal (2)0 -$ 0 -$ 540 Publish Final Standards 0 -$ 0 -$ 550 Peer Review 0 -$ 0 -$ Hours Sub-Total 0 0 0 0 0 0 0 0 0 0 0 0 -$ 0 0 0 0 0 0 0 0 0 0 0 0 -$ Task 1000 City Modifications to MPWSS 710 Develop Preliminary Draft 40 8 10 58 11,604$ 0 -$ 720 Develop Final Draft 20 4 10 34 6,992$ 0 -$ 730 Address Review Comments from each submittal (2) 2 2 4 842$ 0 -$ 740 Standard Details Drafting 210 210 29,190$ 0 -$ 750 Publish Final Standards 8 4 12 2,416$ 0 -$ 760 Peer Review 0 -$ 6 12 12 30 6,240$ Hours Sub-Total 70 14 24 0 0 0 0 0 210 0 0 318 51,044$ 6 0 12 12 0 0 0 0 0 0 0 30 6,240$ Task 1100 White Papers 1110 White Papers - Assume 5 120 120 21,960$ 0 -$ Peer Review 0 -$ 8 6 6 20 4,420$ Hours Sub-Total 120 0 0 0 0 0 0 0 0 0 0 120 21,960$ 8 0 6 6 0 0 0 0 0 0 0 20 4,420$ Task 1200 ROW Landscaping Standards 1210 Develop Preliminary Draft in Coordination with Water Conservation Prog. 8 4 20 32 6,956$ 0 -$ 1220 Develop Final Draft 4 2 16 22 4,840$ 0 -$ 1230 Address Review Comments from each submittal (2) 2 2 8 12 2,658$ 0 -$ 1240 Publish Final Standards 6 6 678$ 0 -$ 1250 Peer Review 0 -$ 12 12 2,280$ 1260 Graphics (assume 5)0 -$ 0 -$ Hours Sub-Total 14 8 0 0 0 44 0 0 0 0 6 72 15,132$ 0 0 0 12 0 0 0 0 0 0 0 12 2,280$ Total Personnel Hours 445 71 32 5 15 170 32 10 210 0 26 1,016 189,428$ 130 18 74 42 0 0 0 0 78 36 12 390 77,760$ Rate 183.00$ 238.00$ 238$ 238$ 259$ 227$ 183$ 183$ 139$ 113$ 113$ 260$ 260$ 200$ 190$ 160$ 140$ 125$ 115$ 140$ 115$ 120$ City of Bozeman Design Standards Update Phase 2 Engineering Fee Estimate - Labor Morrison-Maierle DOWL Phase 2 Design Standards Fee Estimate_Final_4.24.23.xlsx Page 1 of 1 4/24/2023 ATTACHMENT 1 254 City of Bozeman Design Standards Update - Phase 2 Engineering Fee Estimate - Reimbursable Expenses Task Task Description Labor Expenses Task Total Task Total Rounded Task 000 Project Management 13,616$ 9,440$ 23,056$ 23,100$ Task 100 Establish Baseline for Standards Update 6,918$ 1,040$ 7,958$ 8,000$ Task 200 Meeting Facilitation and Community Engagement 6,626$ 19,100$ 25,726$ 25,700$ Task 300 Affordable Housing and Sustainability Infrastructure Standards 2,848$ 4,680$ 7,528$ 7,500$ Task 400 Design Storm Precipitation Update (Complete) -$ -$ -$ -$ Task 500 Storm Drainage Standards Development 2,422$ 22,720$ 25,142$ 25,100$ Task 600 Front End 10,268$ 3,160$ 13,428$ 13,400$ Task 700 Water and Sewer Standards 29,124$ 2,400$ 31,524$ 31,500$ Task 800 Transportation Standards 29,470$ 2,280$ 31,750$ 31,800$ Task 900 Lighting and Electrical -$ -$ -$ -$ Task 1000 City Modifications to MPWSS 51,044$ 6,240$ 57,284$ 57,300$ Task 1100 White Papers 21,960$ 4,420$ 26,380$ 26,400$ Task 1200 ROW Landscaping Standards 15,132$ 2,280$ 17,412$ 17,400$ Total Cost 189,428$ 77,760$ 267,188$ 267,200$ Task Cost Summary Phase 2 Design Standards Fee Estimate_Final_4.24.23.xlsx Page 1 of 1 4/24/2023 255 Memorandum REPORT TO:City Commission FROM:Taylor Lonsdale, Transportation Engineer Nicholas Ross, Director of Transportation and Engineering SUBJECT:Authorize the City Manager to Sign Amendment 5 to the Professional Services Agreement with Sanderson Stewart to Provide Additional Construction Administration and Engineering Services for the Griffin Drive and Manley Road Street and Stormwater Improvement Project MEETING DATE:May 2, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign Amendment 5 to the Professional Services Agreement with Sanderson Stewart to Provide Additional Construction Administration and Engineering Services for the Griffin Drive and Manley Road Street and Stormwater Improvement Project. STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a wide variety of actions, the development of sustainable and lasting housing options for underserved individuals and families and improve mobility options that accommodate all travel modes. BACKGROUND:Sanderson Stewart was selected to complete the design work for the Griffin Drive corridor through the City’s professional services procurement process. Sanderson Stewart has completed the pre-design and final design work for this project, the contract was awarded, and construction began last summer. This amendment covers additional out of scope coordination, redesign work, along with the construction contract administration time for the increase in contract time as part of Change Order 3 regarding Northwestern Energy (NEW) utility conflicts. A detailed breakdown of the services provided under this agreement are included in the attached scope of work. The proposed scope and fee have been reviewed by the City Engineering Department and are commensurate with the work involved. UNRESOLVED ISSUES:None. ALTERNATIVES:None identified or recommended. FISCAL EFFECTS:The cost of these additional services total $40,000.00. This work will be paid for from existing budgeted funds in project SIF110-Manley and Griffin 256 (Intersection Improvements) Construction. Attachments: Amendment 5 to PSA with Sanderson Stewart for Griffin Drive and Manley Road Street and Stormwater Improvement Project.pdf Scope of Work for Amendment 5 to PSA with Sanderson Stewart for Griffin Drive and Manley Road Street and Stormwater Improvement Project.pdf Report compiled on: April 20, 2023 257 Fourth Amendment to Professional Services Agreement for Griffin Drive Reconstruction Project Page 1 of 2 FIFTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS FOURTH AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR Griffin Drive Reconstruction Project dated October 28, 2019 (the “Agreement”) is made and entered into this _____ day of ____________, 2023, by and between the CITY OF BOZEMAN, MONTANA, a self governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” Sanderson Stewart, hereinafter referred to as “Contractor.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement as follows: 1. Scope of services and budget for design services are outlined in Attachment “Exhibit A - Scope of Services.” 2. Agreement still valid. All remaining terms and provisions of the Agreement remain valid. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 258 Fourth Amendment to Professional Services Agreement for Griffin Drive Reconstruction Project Page 2 of 2 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA SANDERSON STEWART By________________________________ By_____________________________ Jeff Mihelich, City Manager Print Name: Danielle Scharf, P.E. Title: Principal APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 259 Exhibit A – Scope of Services Griffin Drive and Manley Road – Street and Stormwater Improvements Bidding and Construction Contract Amendment #5 04/17/23 This amendment consists of the additional out of scope coordination, redesign work, along with the construction contract administration time for the increase in contract time as part of Change Order 3 regarding Northwestern Energy (NEW) utility conflicts. A detailed scope of services for these tasks is outlined below. Phase 1 – Construction/Contract Administration This phase of the project consists of contract administration and construction observation tasks, including the following: · Additional construction observation and documentation. Change Order 3 will be completed as punch-list items but is expected to have a 3-week construction duration · Additional Site Visits by Engineer due to extended contract time · Additional time needed to review, and process pay estimates and work changes · Additional time needed to compete project close-out and as built drawings Phase 2 – Additional Project Coordination & Re-design The following tasks were associated with additional work that was not anticipated to be included in the original scope of work for Bidding and Construction Contract Administration. · Project Management o In general, there was a significant amount of miscellaneous coordination with City of Bozeman, CK May and Montana Lines and NWE beyond what was originally anticipated for conflicts determined with Northwestern Energy’s distribution line relocation and NWE’s initial review of existing design plans. · Design Changes to Electrical Design o Adjustment to design and construction of Griffin/Manley Signal o Work with contractor for new prices of 3 different design/construction options to use current NWE locations. o Prepare preliminary cost estimates and design durations for redesign options. o Meetings with NWE and City of Bozeman o Update photogrammetry for preferred redesign alternative o Update project electrical plans with new proposed design alternative o Assistance with contractor for generation of Change Order #3 260 Fees and Billing Arrangements: Phase Fee 1. Construction/Contract Administration $5,000.00 2. Additional Project Coordination & Re-design $35,000.00 Total $40,000.00 Sanderson Stewart will bill for its services on a time and materials basis with a not to exceed amount of the original contract amount of $495,000.00 plus $40,000.00 for this amendment totaling $535,000. Sanderson Stewart shall submit invoices to the Client for work accomplished during each calendar month. 261 Memorandum REPORT TO:City Commission FROM:Taylor Lonsdale, Transportation Engineer Nicholas Ross, Director of Transportation and Engineering SUBJECT:Authorize the City Manager to Sign Task Order 2023TETC-001 with Sanderson Stewart for the Oak Street Intersection Analysis Project MEETING DATE:May 2, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign Task Order 2023TETC-001 with Sanderson Stewart for the Oak Street Intersection Analysis Project STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a wide variety of actions, the development of sustainable and lasting housing options for underserved individuals and families and improve mobility options that accommodate all travel modes. BACKGROUND:Oak Street is a critical east west arterial street in the city's transportation network that has seen increased motor vehicle volumes with increased development west along the corridor and the addition of Gallatin High School. Staff has received comments from residents regarding the operation of a number of intersections along Oak Street. The Department of Transportation and Engineering has a Transportation Engineering Term contract with Sanderson Stewart to support staff with studies to analyze intersection safety and operation. This task order will provide for data collection and analysis, identification and prioritization of potential improvements, and cost estimates to identify capital projects that can be implemented under SIF188 Oak St Intersections - Implementation which has funding identified in the CIP starting in FY24. UNRESOLVED ISSUES:None. ALTERNATIVES:None identified or recommended. FISCAL EFFECTS:The cost of this Task Order is $58,700.00. The funding for this is currently included and available in Engineering's budget. Attachments: Task Order 2023TETC-001-Oak St Intersections.pdf Scope of Work_2023TETC-001_Oak_St Intersections.pdf 262 Report compiled on: March 17, 2023 263 City of Bozeman Transportation Engineering Term Contract Task Order Number 2023TETC-001 – Oak St Intersections PROJECT: Issued under the authority of Transportation Engineering Term Contract Professional Services Agreement with Sanderson Stewart for Architectural and Engineering Services. This Task Order is dated May 2, 2023, between the City of Bozeman Transportation and Engineering Department and Sanderson Stewart (Contractor). The following representatives have been designated for the work performed under this Task Order: City: Taylor Lonsdale, Transportation Engineer Contractor: Joey Staszcuk, Sanderson Stewart SCOPE OF WORK: The scope for this task order is detailed in the attached Scope of Work – 2023TETC-001_Oak St Intersections. COMPENSATION: Sanderson Stewart will bill for its services on a lump sum basis with a project total of $58,700.00. The provisions of the Professional Services Agreement shall govern the Work. IN WITNESS WHEREOF, the parties authorized to commit resources of the parties have executed this Task Order: City of Bozeman Sanderson Stewart Jeff Mihelich, City Manager Danielle Scharf, Principal 264 Transportation Engineering Term Contract Scope of Work – West Oak St Intersection Analysis Task Order No. TE23-001 4/5/23 Sanderson Stewart is pleased to provide this scope of work for analysis and design of intersection improvements along the Oak Street corridor, west of N 27th Avenue. This work is to be done as a part of the Transportation Engineering term contract for engineering services. This project generally consists of site research, data collection, analysis, reporting, conceptual design, and planning-level costs associated with the following project intersection groupings: · Grouping #1: Oak Street/Flanders Mill Road, Oak Street/Ferguson Avenue & Oak Street/Ryun Sun Way · Grouping #2: Oak Street/Yellowstone Avenue, Oak Street/Meagher Avenue, Oak Street/New Holland Drive, Oak Street/North Hunters Way, & Oak Street/Buckrake Avenue The task order will be conducted in three parts. Part 1 will include traffic data collection and analysis of the project intersections to identify potential safety and operational improvements. Priority will be given to the W Oak Street intersections with Flanders Mill Road and N Ferguson Avenue and any alternative or mitigation analysis will review the impacts to the overall transportation network. Part 2 will consist of concept designs in plan-view for any improvement/mitigation item outlined in Part 1. Part 3 will consist of a prioritization of any identified improvements for the project intersections. Sanderson Stewart will start with Part 1 (Phase 1-4) and Part 3 (Phase 8) for intersection Grouping #1. Remaining Part/Phases and additional intersection Groupings will be on-hold until the City’s additional NTP. A detailed list of assumptions and scope of services for the project are outlined on the following page. Scope of Work: Part 1 – Data Collection, Safety and Operational Analysis Phase 1 – Project Management and Coordination This phase of the project will include project initiation and planning tasks, including scoping, contract preparation, and kick-off meetings with the City of Bozeman. Other project management tasks include the following: · Coordination with Client and project team · Correspondence, phone calls and meetings throughout the duration of the project · Weekly project update emails 265 · Monthly invoicing of project fees/expenses · Internal (project team) coordination and quality control reviews of analysis and deliverables Phase 2 – Data Collection Sanderson Stewart will begin with traffic volume data collection using Miovision video data collectors as well as StatTrak radar speed collectors. This effort will consist of AM, Noon, After School and PM peak hour turning movement counts at the 8 project intersections. Existing annual average daily traffic (AADT) volume data from MDT and City of Bozeman will also be reviewed and summarized for this analysis. Other tasks include: · Set up, relocation and retrieval of Miovision Scout video data collectors & Houston Radar speed collectors. · Vehicle turning movement data processing through Miovision, including bicycle and pedestrian counts and vehicle classification for all peak hour periods (processing of 2 hours/intersection/peak period), as well as 24 hours of data at up to three intersections where traffic signal warrants will be evaluated · Format count and speed data and develop study area maps to illustrate existing traffic control and existing volumes · Lighting level inventory of crosswalks and intersections Phase 3 – Evaluation of Existing Conditions The traffic analysis tasks will begin with an evaluation of existing conditions. Sanderson Stewart will prepare Synchro traffic models for the project intersections. The models will initially be created for existing conditions so that a direct comparison of analysis results can be provided for existing conditions and recommended improvements. The following tasks will be completed in this phase: · Set up corridor models in Synchro to conduct capacity analysis for existing conditions · Analysis of bike and pedestrian performance measures for existing conditions · Prepare summary tables for review of analysis results · Request crash data from MDT & City of Bozeman for project intersections · Review and summarize historical crash data · Perform turn lane warrant analysis and traffic signal warrant analysis · Lighting evaluation of crosswalks and intersections Phase 4 – Evaluation of Mitigation Improvements Sanderson Stewart will review the Existing Conditions analysis and determine mitigation alternatives for any intersection with substandard operations or safety deficiencies. The mitigation improvements will be added to the models and they will be analyzed for existing traffic volumes. The following tasks will be included: · Set up corridor models to conduct capacity analysis with recommended improvements and existing traffic volumes 266 · Analysis of bike and pedestrian performance measures for recommended improvements with existing and future volumes · Safety performance evaluations for recommended improvement using FHWA SPICE tool to evaluate mitigation option benefits · Evaluation of potential impacts to overall transportation network Phase 5 – Miscellaneous Additional Data Collection and Analysis The connection of Cottonwood Road (Oak Street to Baxter Lane) is planned to be constructed Summer 2023. Traffic counts at the Flanders Mill Road, Ryun Sun Way, and Ferguson Avenue intersections are anticipated to be recollected and potentially other corridor intersections. Sanderson Stewart again use Miovision video data collectors as well as Houston Radar speed collectors. Other tasks include: · Set up, relocation and retrieval of Miovision Scout video data collectors & StatTrak radar speed collectors. · Vehicle turning movement data processing through Miovision, including bicycle and pedestrian counts and vehicle classification Part 2 – Concept Design Phase 6 – Limited Topographic Survey and Base Mapping This phase of the project will utilize base maps previously prepared for the City of Bozeman Oak Street Corridor project. A limited topographic survey will be completed to verify curb lines and back of sidewalk locations within this area and to extend the base map area to any missing or outdated areas as well as utilities. The following tasks will be included in this phase of the project: · Pick-up survey for project intersections using GPS survey equipment. · Develop base drawings using Oak Street Corridor drawings supplemented with the new topographic survey information. Sanderson Stewart will assemble and review existing as-built drawings for the corridor as available from the City of Bozeman, MDT, and private utilities. Base drawings will be prepared in Autocad format following the completion of the topographic survey, and additional pick-up topo will be conducted as needed throughout the duration of the project. Public and private utilities will be located prior to the survey via one-call for inclusion in base drawings. This phase also includes traffic control needed for the completion of survey tasks. Phase 7 – Concept Design Design concepts at this phase of the project will consist of geometrics and lane configurations for mitigation options for up to 6 intersections as evaluated in phase 4. The following design tasks will not be completed at this phase of the project: intersection/crosswalk lighting, detailed intersection design, wet and dry utilities, grading, cross-sections, stormwater facilities. 267 Potential right-of-way impacts will be identified for each mitigation alternative. This phase will include coordination with the City’s right-of-way consultant as necessary for a preliminary review of right-of-way constraints. Potential conflicts with private utilities will also be identified during the concept design phase and the plans will be provided to the utility companies for coordination. Tasks include correspondence with private utility companies to determine relocation needs and cost. The deliverable for this phase of the project will include 11x17 plan drawings incorporating the base topographic survey and proposed improvements overlaid on an aerial image. Opinions of probable cost will be prepared for improvements considered in the conceptual design. Part 3 – Project Summary Phase 8 – Concept Design Summary Memo Part 3 of this project will culminate with submittal of a memo summarizing the concept design effort and identifying potential challenges associated with the improvements. This memo will be submitted, along with the design concepts, to the City of Bozeman for review. This report will present the following project elements: · Background information and research · Summary of analysis for existing traffic volumes and with recommended improvements · Summary of recommended improvements · Concept design illustrations for recommended improvements · Planning-level opinions of probable cost for recommended improvements and alternatives · Prioritization of identified improvements Fees and Billing Arrangements: Phase Fee Part 1 – Data Collection, Safety, and Operational Analysis 1. Project Management and Coordination $5000 2. Data Collection $6200 3. Evaluation of Existing Conditions $2400 4. Evaluation of Mitigation Improvements $1600 5. Miscellaneous Additional Data Collection & Analysis $5000 Sub-Total for Part 1 $20,200 Part 2 – Concept Design 6. Limited Topographic Survey and Base Mapping $12,000 7. Concept Design $18,000 Sub-Total for Part 2 $30,000 Part 3 – Project Summary 8. Concept Design Summary Memo $8500 Sub-Total for Part 3 $8500 Total Fee $58,700 268 Sanderson Stewart will bill for its services on a fixed fee basis for a total of $ 58,700.00 as specified in the fee table above. Sanderson Stewart shall submit invoices to the Client for work accomplished during each calendar month. The amount of each monthly invoice shall be determined on the “percentage of completion method” whereby Sanderson Stewart will estimate the percentage of the total work accomplished during the invoicing period. Project Schedule: The anticipated schedule for this project will be to deliver the draft report within four (4) months of notice to proceed. 269 Memorandum REPORT TO:City Commission FROM:Taylor Lonsdale, Transportation Engineer Nicholas Ross, Director of Transportation and Engineering SUBJECT:Authorize the City Manager to Sign Task Order 2023TETC-003 with Sanderson Stewart for On Call Electrical Design Services MEETING DATE:May 2, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign Task Order 2023TETC-003 with Sanderson Stewart for On Call Electrical Design Services STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a wide variety of actions, the development of sustainable and lasting housing options for underserved individuals and families and improve mobility options that accommodate all travel modes. BACKGROUND:The City continues to implement projects identified in the 2017 Transportation Master Plan (TMP) and expand the focus on active transportation. Additionally the City is implementing the Bozeman Streets Are For Everyone (SAFE) Plan. Rectangular Rapid Flashing Beacons (RRFBs) are a very effective Federal Highway Administration Proven Safety Countermeasure, increasing motorist yielding rates up to 98%. (Fitzpatrick, et al., 2016) These systems are most often installed utilizing self contained solar installations. Occasionally, a site is not suitable for solar the solar systems and needs to be connected to an electrical service. In these situations, city staff does not have the expertise to design or complete the installation of the RRFB and we require the services of a consultant. This Task Order will primarily support installation of RRFBs that require grid connection. The first RRFB for this Task Order will be at the intersection of South Willson Ave and Garfield St. UNRESOLVED ISSUES:None identified. ALTERNATIVES:None identified or recommended. FISCAL EFFECTS:The work under this task order will be paid on a Time and Materials basis, not to exceed $13,000. The funds for this Task Order are currently available in the Engineering budget. 270 Attachments: Task Order 2023TETC-003-On Call Electrical.pdf 2023TETC-003_Scope of Work_S Willson-Garfiled St.pdf 2023TETC-003_On Call Electrical_Rate Scheudle.pdf Report compiled on: April 18, 2023 271 City of Bozeman Transportation Engineering Term Contract Task Order Number 2023TETC-003 – On Call Electrical PROJECT: Issued under the authority of Transportation Engineering Term Contract Professional Services Agreement with Sanderson Stewart for Architectural and Engineering Services. This Task Order is dated May 2, 2023, between the City of Bozeman Transportation and Engineering Department and Sanderson Stewart (Contractor). The following representatives have been designated for the work performed under this Task Order: City: Taylor Lonsdale, Transportation Engineer Contractor: Joey Staszcuk, Sanderson Stewart SCOPE OF WORK: The scope for the initial project of this task order is detailed in the attached Scope of Work – 2023TETC-003_S Willson-Garfield St RRFB. Additional projects will require a written Scope of Work, approved by the City Representative. COMPENSATION: Sanderson Stewart will bill for its services for this Task Order on a time and materials basis based on the attached Rate Schedule. For the initial authorized project, an RRFB at S Willson Ave and Garfield St, the fee will not exceed $13,000.00. The provisions of the Professional Services Agreement shall govern the Work. For future projects, a not to exceed price will be established with the approved Scope of Work. IN WITNESS WHEREOF, the parties authorized to commit resources of the parties have executed this Task Order: City of Bozeman Sanderson Stewart Jeff Mihelich, City Manager Danielle Scharf, Principal 272 Transportation Engineering Term Contract Scope of Work – On-Call Miscellaneous Electrical Services Task Order No. TE23-003 3/31/23 Sanderson Stewart is pleased to provide this scope of work for on-call Miscellaneous Electrical Services. This work is to be done as a part of the Transportation Engineering term contract for engineering services. This first project will consist of preliminary design and final design services for a pedestrian crossing rectangular rapid flashing beacon (RRFB) at Willson Avenue and Garfield Street. A detailed scope of services is outlined below. Scope of Work: Project 1 – Willson Ave & Garfield St RRFB Phase 1 – Preliminary Pedestrian Crossing RRFB Design This phase consists of all preliminary design tasks associated with the pedestrian crossing RRFB design. Subtasks under Phase 1 include the following: · Project initiation, project management and coordination with City of Bozeman · Limited topographic survey for pedestrian crossing area · Evaluate ADA accommodations for access to existing sidewalks, as well as pedestrian push button locations · Prepare pedestrian crossing design layout including sign poles, conduit, pull boxes, controller and service location · Prepare special provisions and specification manual for bid documents · Prepare conduit fill calculations, electrical detail sheets, specifications and opinion of probable cost · Quality control review and prepare Preliminary PS&E submittal for review by City of Bozeman Phase 2 – Final Pedestrian Crossing RRFB Design This phase consists of preparation of final plan drawings based on review comments from City of Bozeman. Subtasks under Phase 2 include the following: · Project management and coordination with City of Bozeman · Finalize RRFB design layout, conduit fill calculations, electrical detail sheets, opinion of probable cost and electrical specifications · Finalize special provisions and specification manual for bid documents · Finalize quality control review and prepare Final PS&E submittal for City of Bozeman · Coordinate with Northwestern Energy for power service 273 The following items are not expected to be needed for this project and are therefore specifically excluded from this scope of work: · Construction bidding services · Construction/contract administration · Construction inspection · Construction staking Fees and Billing Arrangements: Project 1: Willson Ave & Garfield St RRFB Fee Phase 1 – Preliminary Pedestrian Crossing RRFB Design $8000 Phase 2 – Final Pedestrian Crossing RRFB Design $5000 Total Fee $13,000 Sanderson Stewart will bill for its services on a time-and-materials basis not to exceed $ 13,000 as specified in the fee table above for Project 1. Sanderson Stewart shall submit invoices to the Client for work accomplished during each calendar month. The amount of each monthly invoice shall be determined on the “time-and-material basis” according to the attached standard rate sheets for Sanderson Stewart. Monthly invoices shall include, separately listed, any charges for services for which time charges and/or units’ costs shall apply. Project Schedule: The anticipated schedule for this project will be to submit the Preliminary PS&E submittal within two (2) months of notice to proceed. 274 OUTSIDE CONSULTANTS SURVEY CREW SERVICES STAFF PERSONNEL SERVICES CHARGE OUT RATES EFFECTIVE NOVEMBER 1, 2022 Staff Engineer I $115.00/hour Staff Engineer II $128.00/hour Project Engineer I $135.00/hour Project Engineer II $145.00/hour Senior Engineer I $180.00/hour Senior Engineer II $210.00/hour Principal $235.00/hour Engineer Intern $75.00/hour Expert Witness/Special Consultant $290.00/hour Staff Planner I $100.00/hour Staff Planner II $110.00/hour Planner I $130.00/hour Planner II $145.00/hour Senior Planner I $155.00/hour Senior Planner II $175.00/hour Right-of-Way Agent $168.00/hour Staff Landscape Designer I $100.00/hour Staff Landscape Designer II $108.00/hour Landscape Architect I $135.00/hour Landscape Architect II $145.00/hour Senior Landscape Architect I $160.00/hour Senior Landscape Architect II $170.00/hour Field Survey Technician I $85.00/hour Field Survey Technician II $88.00/hour Staff Surveyor I $110.00/hour Staff Surveyor II $120.00/hour Professional Land Surveyor I $135.00/hour Professional Land Surveyor II $148.00/hour Senior Professional Land Surveyor I $160.00/hour Senior Professional Land Surveyor II $178.00/hour Graphic Artist $100.00/hour CADD Technician I $88.00/hour CADD Technician II $95.00/hour Designer I $100.00/hour Designer II $110.00/hour Senior Designer I $120.00/hour Senior Designer II $135.00/hour Construction Inspector $88.00/hour Construction Engineering Technician $100.00/hour Senior Construction Engineering Technician $135.00/hour Construction Engineer I $135.00/hour Construction Engineer II $145.00/hour 1-man Crew/2-man Crew $Per Job Survey Equipment $15.00 /fieldwork hour Survey Vehicle Mileage $.75 /mile Scanner Equipment $150.00 /hour Scanner Equipment (Hourly) $150 /hour Scanner Equipment (Full Day) $1,050 /day 1) At cost if independently billed direct to client. 2) Cost plus 5% if billed through us. INDEPENDENT LABORATORIES 1) At cost if independently billed direct to client. 2) Cost plus 5% if billed through us. ADMINISTRATIVE EXPENSES Administrative expenses (including copies, prints, phone, postage, materials, and travel) 3.5% * * based on professional services only, unless modified by contract Vehicle Mileage IRS Rate These rates are updated periodically to reflect market conditions. Rate increases will be reflected in future invoicing. STAFF PERSONNEL SERVICES CONTINUED Project Administrator $95.00/hour Senior Project Administrator $110.00/hour Administrative/Clerical $90.00/hour Senior Administrative Director $165.00/hour Marketing Coordinator $105.00/hour Senior Marketing Coordinator $115.00/hour Marketing Director $155.00/hour 275 Memorandum REPORT TO:City Commission FROM:Taylor Lonsdale, Transportation Engineer Nicholas Ross, Director of Transportation and Engineering SUBJECT:Authorize the City Manager to Sign Task Order 2023TETC-004 with Sanderson Stewart for Speed Studies MEETING DATE:May 2, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign Task Order 2023TETC-004 with Sanderson Stewart for Speed Studies STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a wide variety of actions, the development of sustainable and lasting housing options for underserved individuals and families and improve mobility options that accommodate all travel modes. BACKGROUND:The City of Bozeman is actively implementing aspects of the Bozeman Streets Are For Everyone (SAFE) Plan. A critical aspect of that is reducing speed limits across the city. A number of streets within the city are Federal Aid Urban Routes. Speed limits on the Urban Route System are set by the Montana Transportation Commission. Requests for changes to the speed limits on these streets must go through the Montana Department of Transportation and require a speed study. In order to accomplish this in a timely fashion staff plans to utilize Sanderson Stewart through our Transportation Engineering Term Contract. This Task Order covers speed studies for three Urban Route segments, Oak Street from N 7th Avenue to N 19th Avenue, Baxter Lane from N 7th Avenue to N 19th Avenue, and Kagy Boulevard between S Willson Avenue and S 19th Avenue. UNRESOLVED ISSUES:None identified. ALTERNATIVES:None identified or recommended. FISCAL EFFECTS:This Task Order will be billed on a time and materials basis with the total not to exceed $28,500.00 The funds for this Task Order are currently available in the Engineering budget. Attachments: Task Order 2023TETC-004_Speed Studies.pdf 276 2023TETC-004_Scope of Work_ Speed Studies.pdf 2023TETC-004_Rate Schedule.pdf Report compiled on: April 18, 2023 277 City of Bozeman Transportation Engineering Term Contract Task Order Number 2023TETC-004 – Speed Studies PROJECT: Issued under the authority of Transportation Engineering Term Contract Professional Services Agreement with Sanderson Stewart for Architectural and Engineering Services. This Task Order is dated May 2, 2023, between the City of Bozeman Transportation and Engineering Department and Sanderson Stewart (Contractor). The following representatives have been designated for the work performed under this Task Order: City: Taylor Lonsdale, Transportation Engineer Contractor: Joey Staszcuk, Sanderson Stewart SCOPE OF WORK: The scope for this task order is detailed in the attached Scope of Work – 2023TETC-004_Speed Studies. COMPENSATION: Sanderson Stewart will bill for its services on a time and materials basis based on the attached Rate Schedule. The project total will not exceed $28,500.00 without written approval from the City. The provisions of the Professional Services Agreement shall govern the Work. IN WITNESS WHEREOF, the parties authorized to commit resources of the parties have executed this Task Order: City of Bozeman Sanderson Stewart Jeff Mihelich, City Manager Danielle Scharf, Principal 278 Transportation Engineering Term Contract Scope of Work – On-Call Speed Study Evaluations Task Order No. TE23-004 4/5/23 Sanderson Stewart is pleased to provide this scope of work for on-call Speed Study Evaluations. This work is to be done as a part of the Transportation Engineering term contract for engineering services. This first project will evaluate Oak Street between 7th Avenue and 19th Avenue. The second project will evaluate Baxter Lane between 7th Avenue and 19th Avenue. The third project will evaluate Kagy Boulevard between Willson Avenue and 19th Avenue. Detailed scopes of services are outlined below. Scope of Work: Project 1 – Oak Street (7th Avenue to 19th Avenue) Phase 1 – Project Management & Coordination This phase of the project will include project initiation and planning tasks, including scoping, contract preparation, and kick-off meetings with the City of Bozeman specific to Project 1. Other project management tasks include the following: · Coordination with Client and project team · Correspondence, phone calls and meetings throughout the duration of the project · Monthly invoicing of project fees/expenses · Internal (project team) coordination and quality control reviews of analysis and deliverables Phase 2 – Traffic Data Collection & Research Sanderson Stewart will begin with traffic data collection using Stattrak radar units. Data collection will occur for a five-day (120 hours) continuous period (including weekend days) with Bozeman School District 7 and MSU both in session. For Project 1, three (3) Oak Street corridor locations with two (2) setups at each location (eastbound and westbound) will be used to capture vehicle speeds and ADT’s. Other tasks include: · Set up, relocation and retrieval of Stattrak radar units · Data processing and formatting for speed data, vehicle classifications to segregate heavy vehicles (trucks and buses) vs. passenger vehicles · Crash data request to MDT and City of Bozeman for study corridor Phase 3 – Traffic Conditions Analysis This phase of Project 1 will include analysis and summarizing of collected traffic data. Other traffic conditions analysis tasks include the following: 279 · Research into site characteristics · Documentation of speed zone history · Analysis of historical crash data for study area intersections from MDT & City of Bozeman · Summary of travel speed characteristics per MDT standard speed study methodologies Phase 4 – Speed Limit Recommendation & Summary Memo This phase of Project 1 will include reporting and recommendations. Other recommendation and summary tasks include the following: · Summary of site characteristics and data results · Recommendations of speed limit segments · Preparation of summary memo complete with background information, analysis results, conclusions and recommendations. Report shall include tables, exhibits and appendices to supplement text. · Completion of speed zone survey and speed profile MDT design sheet · Memo to be reviewed and stamped by a licensed Professional Engineer (MT) and a certified Professional Traffic Operations Engineer (PTOE) Project 2 – Baxter Lane (7th Avenue to 19th Avenue) Phase 1 – Project Management & Coordination This phase of the project will include project initiation and planning tasks, including scoping, contract preparation, and kick-off meetings with the City of Bozeman specific to Project 2. Other project management tasks include the following: · Coordination with Client and project team · Correspondence, phone calls and meetings throughout the duration of the project · Monthly invoicing of project fees/expenses · Internal (project team) coordination and quality control reviews of analysis and deliverables Phase 2 – Traffic Data Collection & Research Sanderson Stewart will begin with traffic data collection using Stattrak radar units. Data collection will occur for a five-day (120 hours) continuous period (including weekend days) with Bozeman School District 7 and MSU both in session. For Project 2, three (3) Baxter corridor locations with one (1) setup at each location will be used to capture vehicle speeds and ADT’s. Other tasks include: · Set up, relocation and retrieval of Stattrak radar units · Data processing and formatting for speed data, vehicle classifications to segregate heavy vehicles (trucks and buses) vs. passenger vehicles · Crash data request to MDT and City of Bozeman for study corridor 280 Phase 3 – Traffic Conditions Analysis This phase of Project 2 will include analysis and summarizing of collected traffic data. Other traffic conditions analysis tasks include the following: · Research into site characteristics · Documentation of speed zone history · Analysis of historical crash data for study area intersections from MDT & City of Bozeman · Summary of travel speed characteristics per MDT standard speed study methodologies Phase 4 – Speed Limit Recommendation & Summary Memo This phase of Project 2 will include reporting and recommendations. Other recommendation and summary tasks include the following: · Summary of site characteristics and data results · Recommendations of speed limit segments · Preparation of summary memo complete with background information, analysis results, conclusions and recommendations. Report shall include tables, exhibits and appendices to supplement text. · Completion of speed zone survey and speed profile MDT design sheet · Memo to be reviewed and stamped by a licensed Professional Engineer (MT) and a certified Professional Traffic Operations Engineer (PTOE) Project 3 – Kagy Boulevard (Willson Avenue to 19th Avenue) Phase 1 – Project Management & Coordination This phase of the project will include project initiation and planning tasks, including scoping, contract preparation, and kick-off meetings with the City of Bozeman specific to Project 3. Other project management tasks include the following: · Coordination with Client and project team · Correspondence, phone calls and meetings throughout the duration of the project · Monthly invoicing of project fees/expenses · Internal (project team) coordination and quality control reviews of analysis and deliverables Phase 2 – Traffic Data Collection & Research Sanderson Stewart will begin with traffic data collection using Stattrak radar units. Data collection will occur for a five-day (120 hours) continuous period (including weekend days) with Bozeman School District 7 and MSU both in session. For Project 3, three (3) corridor locations with one (1) setup at each location will be used to capture vehicle speeds and ADT’s. Other tasks include: · Set up, relocation and retrieval of Stattrak radar units · Data processing and formatting for speed data, vehicle classifications to segregate heavy vehicles (trucks and buses) vs. passenger vehicles · Crash data request to MDT and City of Bozeman for study corridor 281 Phase 3 – Traffic Conditions Analysis This phase of Project 3 will include analysis and summarizing of collected traffic data. Other traffic conditions analysis tasks include the following: · Research into site characteristics · Documentation of speed zone history · Analysis of historical crash data for study area intersections from MDT & City of Bozeman · Summary of travel speed characteristics per MDT standard speed study methodologies Phase 4 – Speed Limit Recommendation & Summary Memo This phase of Project 3 will include reporting and recommendations. Other recommendation and summary tasks include the following: · Summary of site characteristics and data results · Recommendations of speed limit segments · Preparation of summary memo complete with background information, analysis results, conclusions and recommendations. Report shall include tables, exhibits and appendices to supplement text. · Completion of speed zone survey and speed profile MDT design sheet · Memo to be reviewed and stamped by a licensed Professional Engineer (MT) and a certified Professional Traffic Operations Engineer (PTOE) Fees and Billing Arrangements: Project 1: Oak Street (7th Avenue to 19th Avenue) Fee Phase 1 – Project Management & Coordination $2000 Phase 2 – Traffic Data Collection & Research $2500 Phase 3 – Traffic Conditions Analysis $4500 Phase 4 – Speed Limit Recommendation & Summary Memo $2000 Project 2: Baxter Lane (7th Avenue to 19th Avenue) Fee Phase 1 – Project Management & Coordination $1000 Phase 2 – Traffic Data Collection & Research $1500 Phase 3 – Traffic Conditions Analysis $4000 Phase 4 – Speed Limit Recommendation & Summary Memo $2000 Project 3: Kagy Boulevard (Willson Avenue to 19th Avenue) Fee Phase 1 – Project Management & Coordination $1000 Phase 2 – Traffic Data Collection & Research $1500 Phase 3 – Traffic Conditions Analysis $4500 Phase 4 – Speed Limit Recommendation & Summary Memo $2000 Total Fee (Projects 1-3) $28,500 282 Sanderson Stewart will bill for its services on a time-and-materials basis not to exceed $ 28,500 as specified in the fee table above for Projects 1-3. Sanderson Stewart shall submit invoices to the Client for work accomplished during each calendar month. The amount of each monthly invoice shall be determined on the “time-and-material basis” according to the attached standard rate sheets for Sanderson Stewart. Monthly invoices shall include, separately listed, any charges for services for which time charges and/or units’ costs shall apply. Project Schedule: The anticipated schedule for this project will be data collection prior summer vacation for School District 7 and MSU and approximately a 4-week turnaround for each project. 283 OUTSIDE CONSULTANTS SURVEY CREW SERVICES STAFF PERSONNEL SERVICES CHARGE OUT RATES EFFECTIVE NOVEMBER 1, 2022 Staff Engineer I $115.00/hour Staff Engineer II $128.00/hour Project Engineer I $135.00/hour Project Engineer II $145.00/hour Senior Engineer I $180.00/hour Senior Engineer II $210.00/hour Principal $235.00/hour Engineer Intern $75.00/hour Expert Witness/Special Consultant $290.00/hour Staff Planner I $100.00/hour Staff Planner II $110.00/hour Planner I $130.00/hour Planner II $145.00/hour Senior Planner I $155.00/hour Senior Planner II $175.00/hour Right-of-Way Agent $168.00/hour Staff Landscape Designer I $100.00/hour Staff Landscape Designer II $108.00/hour Landscape Architect I $135.00/hour Landscape Architect II $145.00/hour Senior Landscape Architect I $160.00/hour Senior Landscape Architect II $170.00/hour Field Survey Technician I $85.00/hour Field Survey Technician II $88.00/hour Staff Surveyor I $110.00/hour Staff Surveyor II $120.00/hour Professional Land Surveyor I $135.00/hour Professional Land Surveyor II $148.00/hour Senior Professional Land Surveyor I $160.00/hour Senior Professional Land Surveyor II $178.00/hour Graphic Artist $100.00/hour CADD Technician I $88.00/hour CADD Technician II $95.00/hour Designer I $100.00/hour Designer II $110.00/hour Senior Designer I $120.00/hour Senior Designer II $135.00/hour Construction Inspector $88.00/hour Construction Engineering Technician $100.00/hour Senior Construction Engineering Technician $135.00/hour Construction Engineer I $135.00/hour Construction Engineer II $145.00/hour 1-man Crew/2-man Crew $Per Job Survey Equipment $15.00 /fieldwork hour Survey Vehicle Mileage $.75 /mile Scanner Equipment $150.00 /hour Scanner Equipment (Hourly) $150 /hour Scanner Equipment (Full Day) $1,050 /day 1) At cost if independently billed direct to client. 2) Cost plus 5% if billed through us. INDEPENDENT LABORATORIES 1) At cost if independently billed direct to client. 2) Cost plus 5% if billed through us. ADMINISTRATIVE EXPENSES Administrative expenses (including copies, prints, phone, postage, materials, and travel) 3.5% * * based on professional services only, unless modified by contract Vehicle Mileage IRS Rate These rates are updated periodically to reflect market conditions. Rate increases will be reflected in future invoicing. STAFF PERSONNEL SERVICES CONTINUED Project Administrator $95.00/hour Senior Project Administrator $110.00/hour Administrative/Clerical $90.00/hour Senior Administrative Director $165.00/hour Marketing Coordinator $105.00/hour Senior Marketing Coordinator $115.00/hour Marketing Director $155.00/hour 284 Memorandum REPORT TO:City Commission FROM:Josh Waldo, Fire Chief SUBJECT: Ordinance 2134 Final Adoption, Amending Chapter 18, Article 5 (Fireworks) of the Bozeman Municipal Code, Prohibiting the Sale and Discharge of Fireworks within the City Limits of Bozeman without a Permit and Prohibiting the Discharge of Fireworks in County Enclaves Wholly Surrounded by the City Limits of Bozeman without a Permit MEETING DATE:May 2, 2023 AGENDA ITEM TYPE:Ordinance RECOMMENDATION: I move to adopt Ordinance 2134 prohibiting the sale and discharge of fireworks within the City Limits of Bozeman without a permit and prohibiting the discharge of fireworks in county enclaves wholly surrounded by the City Limits of Bozeman without a permit. STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND: Prior to May 3, 2004, it was illegal to sell, possess or discharge fireworks inside the City of Bozeman. On May 3, 2004, Ordinance 1612 passed amending the restrictions on fireworks to the current rules that are found in Chapter 18, Article 5 of the Bozeman Municipal Code. The current language found in the Municipal Code is both confusing to residents and difficult for city staff to enforce. Today the Bozeman Municipal Code allows for the discharge of certain types of fireworks during the following times, Between 12:00 p.m. July 3 and 12:00 a.m. July 4; Between 12:00 p.m. July 4 and 1:00 a.m. July 5; Between 12:00 p.m. July 5 and 12:00 a.m. July 6; Between 11:00 p.m. on December 31st and 1:00 a.m. on January 1st Permitted fireworks are the following type of Class C "common fireworks" among those listed in federal law: A cardboard or heavy paper cylindrical tube or cone that: 285 Produces a shower of color and sparks that reach a maximum of 15 feet; May whistle or pop; and Is not designed to explode or leave the ground; A pyrotechnic wheel device: May be attached to a post or tree; and Contains up to six "driver" units or tubes; Any device that: Spins, jumps, or emits popping sounds when placed on the ground; Does not exceed a height of 15 feet when discharged; and Does not travel laterally more than ten feet on a smooth surface when discharged; Sparklers under 12 inches in length which do not have a magnesium make- up, glow worms, snakes, party poppers, trick noisemakers; and Certain mortar type aerial devices and multi-shot cakes that are found acceptable by the fire chief. Understanding what fireworks are permissible by the Municipal Code is difficult and annually results in numerous fireworks that do not meet the criteria above being discharged in the city. Further, much about the city and climate have changed since Ordinance 1612 was adopted in 2004. Density: As the City continues to encourage increased density in our developments to help with our affordable housing and limit sprawl, separation between properties, structures, and public areas lessens. It is a regular occurrence at this point for city staff to field phone calls during and after the July 4th holiday related to fireworks debris on people’s roofs, yards, and in the public streets. Additionally, with people living closer together, there is an increase in noise complaints each year. Drought / Fire Danger: As the City is adapting to our changing climate, the frequency for drought conditions in the summer months increases. With the number of agriculture areas, parks, and open spaces located within the city, the fire risk for these areas is high already during the July 4th holiday and a drought situation only raises this risk. Adjusting to drought conditions is often a rapid process and creates challenges when we attempt to communicate and enforce changes to the current fireworks rules in the city. Noise: Many of the calls that are fielded by city staff leading up to, during, and after the July 4th holiday are related to the noise and the issues it creates for members of our community who are suffering from PTSD, families with small children, and pets. These issues of fire danger, drought and noise do not recognize city limit boundaries. Montana law provides authority for the city to regulate acts or conduct calculated to disturb the public peace within the city and within 3 miles of the city limits. 286 We are recommending this ordinance extend to the county enclaves within the city. A map showing current enclaves is attached. These areas are subject to change as the city annexes property. Ordinance 2134 received provisional adoption at the April 18, 2023 City Commission meeting. As part of the provisional adoption, section 18.05.020 item A.4 was amended by the Commission. The attached ordinance has been adjusted to incorporate the amendment, removing all novelty style fireworks except for sparklers that meet the requirements of the American Pyrotechnics Association 87-1. UNRESOLVED ISSUES:None at this time ALTERNATIVES:As suggested by the City Commission FISCAL EFFECTS:None Attachments: Fireworks Ordinance 2134 Final.pdf City_Limits_04132023.pdf Report compiled on: April 20, 2023 287 ORDINANCE NO. 2134 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING CHAPTER 18, ARTICLE 5 (FIREWORKS) OF THE BOZEMAN MUNICIPAL CODE, PROHIBITING THE SALE AND DISCHARGE OF FIREWORKS WITHIN THE CITY LIMITS OF BOZEMAN WITHOUT A PERMIT AND PROHIBITING THE DISCHARGE OF FIREWORKS IN COUNTY ENCLAVES WHOLLY SURROUNDED BY THE CITY LIMITS OF BOZEMAN WITHOUT A PERMIT. WHEREAS, pursuant to its Charter, the Montana Constitution, and state law, the City may exercise any power not prohibited by the constitution, law or charter and neither the Montana Constitution, state law, or the City Charter prohibits the City Commission from adopting this Ordinance; and WHEREAS, pursuant to §7-33-4206, MCA the City Commission has the power to regulate or prohibit the building of bonfires or the explosion, use, or selling of fireworks, firecrackers, torpedoes, other pyrotechnics, or toy pistols or guns within the city; and WHEREAS, pursuant in part to §7-32-4302, MCA, the City Commission has power to prevent and punish loud noises and acts or conduct calculated to disturb the public peace within the city and within 3 miles of the limits thereof; and WHEREAS, pursuant to §50-37-102, §50-37-107, and §50-37-108, MCA, supervised and permitted firework displays are authorized with proper insurance; and WHEREAS, the City Commission finds the discharge of fireworks has negative health and environmental consequences, endangers property, increases the risk of fire, disturbs the peace, 288 and further recognizes the loud noise of fireworks have a significant impact on the elderly, active and former service members, and pets and wildlife. As such, the City Commission determines, to protect the general health, safety and welfare of the citizens of Bozeman, a legitimate governmental interest exists in prohibiting the sale and discharge of fireworks within the city limits and prohibiting the discharge of fireworks within county enclaves wholly surrounded by property within the city limits of Bozeman. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 That Chapter 18 Fire Prevention and Protection, Article 5 Fireworks be amended as follows: Sec. 18.05.010. - Definitions. A. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: 1.“Fireworks” means and includes any combustible or explosive composition or any substance, combination of substances, or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation and includes, but is not limited to, sky rockets, roman candles, dago bombs, blank cartridges, toy cannons, toy canes, or toy guns in which explosives other than toy paper caps are used, the type of balloons which require fire underneath to propel then them, firecrackers, torpedoes, sparklers or other fireworks of like construction, any fireworks containing any explosive or flammable compound, or any tablet or other device containing any explosive substance. This definition includes items which contain even small amounts of silver fulminate, potassium nitrate, ammonium perchlorate, or other chemical or pyrotechnical composition intended to produce a pyrotechnic event or effect, even if not classified as a "hazardous material" under federal regulation. 2. “County Enclave” means unincorporated property or properties wholly surrounded by property within the city limits of Bozeman. Sec. 18.05.020. - When this article does not apply. A. This article shall not apply to: 1. Fireworks held or sold to a person possessing a valid permit under MCA 50-37-107, and a valid permit issued by the fire chief for the purpose of conducting a supervised public display of such fireworks. 289 2. Fireworks used by railroads or other transportation agencies for signal purposes or illumination. 3. The sale or use of blank cartridges for a show or theater, for signal or ceremonial purposes in athletics or sports, for use by peace officers, or for use by official military organizations or organizations composed of veterans of the United States armed forces. 4. Sparklers as described in American Pyrotechnics Association Standard 87-1. Sec. 18.05.030. Sale and discharge of fireworks Prohibited. A. No individual, firm, partnership, corporation or association shall possess for sale, sell, or offer for sale any fireworks as defined herein within the city limits. B. No fireworks may be discharged within the city limits without a permit as provided for in Sec. 18.05.040. C. No fireworks may be discharged within the county enclaves wholly surrounded by the city without a permit as provided for in Sec. 18.05.040. Sec. 18.05.0340. Public display permitted when. A. The fire chief and/or chief of police shall review and inspect all supervised public displays of fireworks, including "display fireworks," by the municipality, fair associations, amusement parks, or other organizations or groups of individuals upon completion of the necessary application and submission of appropriate fees as may be established by resolution of the city commission. A visual site inspection shall occur before any permit is issued. Submission of the application does not guarantee issuance of a permit. All applications under this section shall be made to the fire chief. B. Each display shall must: 1. Be handled by a licensed, bonded pyrotechnic operator to be approved by the fire chief; 2. Be located, discharged, or fired such that the display, in the opinion of the fire chief, shall not be hazardous to persons or property; 3. Clearly post a "NO SMOKING" warning within 50 feet of the staging and discharge area established for the display, and no one may smoke within the defined area. C. The application for a permit shall must be made in writing at least 15 days prior to the date of the display, and shall must contain, at a minimum: 1. A map of the proposed display venue, including the temporary storage site, the parking and spectator viewing areas, the fireworks discharge point, location of structures and roads, streets, and alleys within a 1,000-yard radius, overhead obstructions or other hazards; 2. The name of the licensed and bonded pyrotechnic operator along with the operator's qualifications, training and experience, and the names of any assistants for the event; 3. The location of all fire hydrants, water spigots or other access points for water, and all other fire retardants or extinguishers available at or near the venue; 290 4. Proof of general liability insurance specifically including coverage for firework displays in an amount acceptable to the city, and which includes the city as an additional insured; 5. The name of the association, entity, organization or group and its organizing or supervising board or responsible parties for the event; 6. A complete list of the fireworks intended for use in the display together with their projectile range, if any; 7. The location, date and time of the display and written consent from the landowner; and 8. A detailed safety plan for the event. D. Only upon inspection and issuance of the permit, and only then, sales, possession and shall use of fireworks for such display as detailed in the permit shall be lawful. for that purpose only. E. Following the public display, the organizers and the pyrotechnic operator shall be are responsible for clean-up of the display site, including disposal of all discharged fireworks and all non-discharged or "dud" fireworks in a safe manner. F. No permit issued under this article may be transferred. shall be subject to transfer. G. This A permit issued under this article may be revoked by the fire chief at any time when any of the conditions under which the permit was granted change, when a hazardous condition is determined to exist, or when, in the best judgment of the fire chief, such permit must be withdrawn in the interests of public safety. The fire chief, and may revoke a permit issued under this article for a include violation of any rule, regulation or requirement of this article. Sec. 18.05.040. Sale and discharge of fireworks. A. No individual, firm, partnership, corporation or association shall possess for sale, sell, or offer for sale, at retail, or discharge within the city limits, any fireworks, as defined herein, except as specifically provided in this article. B. No parent, guardian or custodian of any child under the age of majority shall knowingly permit or consent to the possession or discharge of fireworks by any child under the age of majority without proper supervision. Possession or discharge by any child under the age of majority within the city limits shall be prima facie evidence of the knowing permission or consent of such parent, guardian or custodian. C. No fireworks may be discharged within the boundaries of or within 300 feet of any public park owned or maintained by the city without a public display permit except as otherwise provided in this article. No fireworks may be discharged upon any public street, alley, road or right-of-way, except as otherwise provided in this article. No fireworks may be discharged within 1,000 feet of any hospital, nursing or assisted living facility. No fireworks may be discharged under or upon a motor vehicle, whether moving or not, or within 300 feet of any gas station, gas, oil or propane storage facility or other area which is highly flammable by nature. D. Subject to the limitations contained in this article, fireworks, as listed in subsection E of this section, may be discharged within the city limits only on private property of the owner, or 291 with the owner's permission, or on paved city streets which are not arterial streets or collectors when such discharge is in a safe and sane manner, and limited to the July 4 holiday only: 1. Between 12:00 p.m. July 3 and 12:00 a.m. July 4; 2. Between 12:00 p.m. July 4 and 1:00 a.m. July 5; 3. Between 12:00 p.m. July 5 and 12:00 a.m. July 6; and for the New Year's Day holiday only from 11:00 p.m. December 31 until 1:00 a.m. January 1. As used in this subsection, the phrase "safe and sane manner" refers to actions which do not endanger life, limb or property of those in the area of the discharge. Nothing in allowing the discharge of fireworks within the city limits relieves the individual, firm, partnership, corporation or association of its responsibility for any injury or damage caused to individuals or property by the discharge of the fireworks. Any discharge, with or without a permit, is at the individual, firm, partnership, corporation or association's own risk, and is not sanctioned by this article. E. Permitted fireworks are the following type of Class C "common fireworks" among those listed in federal law: 1. A cardboard or heavy paper cylindrical tube or cone that: a. Produces a shower of color and sparks that reach a maximum of 15 feet; b. May whistle or pop; and c. Is not designed to explode or leave the ground; 2. A pyrotechnic wheel device: a. May be attached to a post or tree; and b. Contains up to six "driver" units or tubes; 3. Any device that: a. Spins, jumps, or emits popping sounds when placed on the ground; b. Does not exceed a height of 15 feet when discharged; and c. Does not travel laterally more than ten feet on a smooth surface when discharged; 4. Sparklers under 12 inches in length which do not have a magnesium make-up, glow worms, snakes, party poppers, trick noisemakers; and 5. Certain mortar type aerial devices and multi-shot cakes that are found acceptable by the fire chief. F. When, in the opinion of the fire chief, drought or other conditions exist which, when coupled with the discharge of fireworks, would pose a hazard to persons or property, the fire chief shall issue a ban on the discharge of all fireworks until such time as the condition causing the ban ceases to exist. G. Any individual, firm, partnership, corporation or association discharging fireworks under this article shall, upon such discharge, be responsible for clean-up of the discharge site, including disposal of all discharged fireworks, all non-discharged or "dud" fireworks, and the associated debris from the discharged fireworks in a safe manner. 292 H. The safe and sane discharge of fireworks in accordance with the provisions of this article shall not be deemed a violation of chapter 16, article 6. Sec. 18.05.050. General liability insurance required. A. An individual, firm, partnership, corporation or association planning a public display of fireworks shall, in addition to the permit required in 18.05.040, provide proof of general liability insurance specifically including coverage for firework displays in an amount acceptable to the city attorney; and which includes the city as an additional insured. B. Notice to the fire chief must be given ten days prior to any public display if any insurance policy required under this article is cancelled or subject to non-renewal. Notice must be provided by the permittee, the insurance carrier. C. A copy of the insurance policy and applicable fireworks endorsements for any public display must be filed with the city clerk and must indemnify the city against any damages to private or public property, as well as any injuries to persons, which may be caused by or incident to the public display. D. Any individual, firm, partnership, corporation or association discharging fireworks without a public display permit shall be deemed to be the responsible party and shall be liable for any damages incurred as the result of such discharge. The individual, firm, partnership, corporation or association insurance policy or policies maintained by the individual or entity discharging the fireworks shall be subject to any claim as a result of such discharge resulting in damage or injury. Sec. 18.05.060. Enforcement and Confiscation. A. Any police officer or firefighter may, in the enforcement of this article, seize, impound, remove or cause to be removed, at the expense of the owner, all stocks of fireworks offered for sale, sold, or in the possession of any individual, firm, partnership, corporation or association in violation of this article. Notice of the seizure and the reasons for the seizure shall be reported to the chief of police within 48 hours of the seizure. B. Fireworks seized under this section may be disposed of in a safe and proper manner by the police or fire department ten days after seizure. C. Appeal of any seizure shall be filed with the chief of police in writing within five working days of the seizure. The decision of the chief of police on the appeal shall be final. Sec. 18.05.070. Violation; penalty. A. Sales and Public Display: Any individual, firm, partnership, corporation or association violating the provisions of this article regarding the sale of fireworks or the requirements for a public display of fireworks shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than $100.00 or more than $500.00 for a first offense; a fine of not less than $200.00 or more than $500.00 for a second offense; and a fine of not less than $300.00 or more than $500.00 for a third or subsequent offense. Each day sale within the city limits of a violation constitutes a separate offense. In the case of a violation by a firm, partnership, corporation or association, the manager or members of the partnership or 293 responsible officers or agents shall be deemed to be prima facie responsible, individually, and subject to the penalty as provided. B. Individual or private discharge of fireworks: Any individual violating the provisions of this article regarding the discharge of fireworks shall be guilty of a misdemeanor, and upon conviction, shall be punished by a fine of $500.00. Each discharge shall constitute a separate offense. Unless the identity of the person discharging fireworks is otherwise distinguishable, the owner(s) or tenant(s) of the real property from where the firework(s) were discharged shall be deemed to be prima facie responsible for the discharge and subject to the penalty as provided. Any damages caused or injuries sustained as a result of any violation of this article shall be ordered paid as restitution as a part of any conviction for any violation. C. Any damages caused or injuries sustained as a result of any violation of this article shall be ordered paid as restitution as a part of any conviction for any violation. CD. The court may order the reimbursement of costs of enforcement, investigation, fire suppression services, and overtime related to a violation upon conviction. Section 4 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 5 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this ordinance shall remain in full force and effect. Section 6 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. 294 Section 7 Codification Instruction. The provisions of Section 1 shall be codified as appropriate in Chapter 18, Article 5 of the Bozeman Municipal Code. Section 8 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. 295 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the _____ day of ___________, 2023. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk FINALLY PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, on second reading at a regular session therefor held on the ___ day of ______2023. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ________________________________ GREG SULLIVAN City Attorney 296 297 298 Memorandum REPORT TO:City Commission FROM:Tom Rogers, Senior Planner Chris Saunders, Community Development Manager Erin George, Deputy Director of Community Development Anna Bentley, Director of Community Development SUBJECT:Gran Cielo II Annexation Requesting Annexation of 81.468 Acres and Amendment of the City Zoning Map for the Establishment of a Zoning Designation of R-4 (Residential High Density District), Application 22090 MEETING DATE:May 2, 2023 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:Recommended City Commission Annexation Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 22090 and move to approve the Gran Cielo II Annexation subject to the terms of annexation and direct staff to prepare an annexation agreement. Recommended City Commission Zoning Motion: Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 22090 and move to approve the Gran Cielo II Zone Map Amendment with contingencies of approval necessary to complete adoption of an implementing ordinance. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:The applicant and property owners seek to annex two parcels totaling 81.468 acres plus adjacent rights-of-way into the City limits and establish an initial zoning of R-4, Residential High Density District. The property is currently zoned “Agriculture Suburban” (AS) within the County administered Gallatin County Bozeman Area Zoning District (the Donut). Considerable development activity is occurring in the vicinity including the Gran Cielo I subdivision, Buffalo Run development on the south, and the existing Meadow Creek subdivision. 299 The Future Land Use Map in the Bozeman Community Plan (BCP) 2020 designates the property as “Urban Neighborhood” which includes the R-4 district as an implementing zoning district. Nearby municipal zoning includes R-4 on a portion of the southern border, R-3 on the south, east, and northeast sides. The remaining area is bordered by un-annexed property zoned A-S in the Gallatin County Bozeman Area Zoning District. The subject properties are within the urban planning and municipal service area for the City. This report is based on the revised application. The original application proposed a mix of R-3 and R-4 on the property and was subsequently amended after initiating the public notice period. The revised application is proposing R-4 for the entire property. The proposed annexation would bring in additional right of way to build out sections of Kurk Drive, West Graf Street, Fowler Lane, and upon future development additional internal street network. There are no structures on the property. On March 20, 2023 the Community Development Board voted to continue the public hearing to April, 17, 2023. During public comment period at this meeting four members of the public testified. Comments zeroed in on the inadequate street network for traffic volume, specifically the substandard roads of Fowler Lane, South 27th, and Stucky Road, and defined these roadway as dangerous for all users except vehicular traffic. In addition, comments addressed the poor condition of intersections of Fowler Lane and Stucky Road. Also, comments were received about impacts of the natural environment and water availability. Public comment has been received on this application. All written comments can be reviewed at the following link. https://weblink.bozeman.net/WebLink/Browse.aspx? id=273672&dbid=0&repo=BOZEMAN UNRESOLVED ISSUES:There are no identified conflicts on this application at this time. ALTERNATIVES:1. Approve the application with contingencies as presented; 2. Approve the application with modifications to the recommended zoning; 3. Deny the application based on findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing, with specific direction to staff or the applicant to supply additional information or to address specific items. FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Annexation or Zone Map Amendment. 300 Attachments: 22090 Gran Cielo II Annx-ZMA CC.pdf Report compiled on: April 18, 2023 301 Page 1 of 46 22090 Staff Report for the Gran Cielo II Annexation and ZMA Public Hearings: Community Development Board (map amendment only) March 20, 2023, continued to April 17, 2023. City Commission (Annexation and map amendment) April 11, 2023, continued to May 2, 2023. Project Description: Gran Cielo II Annexation requesting annexation of 81.468 acres and amendment of the City Zoning Map for the establishment of a zoning designation of R-4 (Residential High Density District). Application 22090. Project Location: Property is located south of West Graf Street between South 27th Avenue and Fowler Lane and more particularly described as Tract 1 of COS 2074 and Parcel A, COS 1861, located in in the Southwest One-Quarter of Section 23, Township Two South (T2S), Range Five East (R5E) of P.M.M., Gallatin County, Montana. Recommendation: Meets standards for approval with terms of annexation and contingencies. Recommended Zoning Commission Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 22090 and move to recommend approval of the Gran Cielo II Zone Map Amendment, with contingencies required to complete the application processing. Recommended City Commission Annexation Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 22090 and move to approve the Gran Cielo II Annexation subject to the terms of annexation and direct staff to prepare an annexation agreement. Recommended City Commission Zoning Motion: Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 22090 and move to approve the Gran Cielo II Zone Map Amendment with contingencies of approval necessary to complete adoption of an implementing ordinance. Report Date: April 24, 2023 Staff Contact: Tom Rogers, Senior Planner Lance Lehigh, City Engineer Agenda Item Type: Action - Legislative 302 Staff Report for the Gran Cielo II Annexation and ZMA, Application 22090 Page 2 of 46 EXECUTIVE SUMMARY This report is based on the application materials submitted and public comment received to date. This report addresses both the zoning amendment for Community Development Board acting in their capacity as the Zoning Commission, as well as the annexation and the zoning amendment for the City Commission. The application materials are available on the City’s website in the laserfiche archive. Unresolved Issues There are no identified conflicts on this application at this time. Project Summary The applicant and property owners seek to annex two parcels totaling 81.468 acres plus adjacent rights-of-way into the City limits and establish an initial zoning of R-4, Residential High Density District. The property is currently zoned “Agriculture Suburban” (AS) within the County administered Gallatin County Bozeman Area Zoning District (the Donut). Considerable development activity is occurring in the vicinity including the Gran Cielo I subdivision, Bennett Property Annexation, Buffalo Run development on the south, and the existing Meadow Creek subdivision to the east. The Future Land Use Map in the Bozeman Community Plan (BCP) 2020 designates the property as “Urban Neighborhood” which includes the R-4 district as an implementing zoning district. Nearby municipal zoning includes R-4 on a portion of the southern border, R-3 on the south, east, and northeast sides. The remaining area is bordered by un-annexed property zoned A-S in the Gallatin County Bozeman Area Zoning District. The subject properties are within the urban planning and municipal service area for the City. This report is based on the revised application. The original application proposed a mix of R- 3 and R-4 on the property and was subsequently amended after initiating the public notice period. The revised application is proposing R-4 for the entire property. The proposed annexation would bring in additional right of way to build out sections of Kurk Drive, West Graf Street, Fowler Lane, and upon future development additional internal local street network. There are no structures on the property. In determining whether the criteria applicable to this application are met, Staff considers the entire body of plans and regulations for land development. Standards which prevent or mitigate 303 Staff Report for the Gran Cielo II Annexation and ZMA, Application 22090 Page 3 of 46 possible negative impacts are incorporated in many locations in the municipal code but are principally in Chapter 38, Unified Development Code. References in the text of this report to Articles, Divisions, or in the form xx.xxx.xxx are to the Bozeman Municipal Code. Community Development Board (Zoning Commission) Summary The Community Development Board acting in their capacity as the Zoning Commission will hold a public hearing on March 20, 2023 which was continued to April 17, 2023. After the completion of the public hearing a report on their deliberations will provided to the City Commission. On March 20, 2023 the Community Development Board (CDB) voted to continue the public hearing to April, 17, 2023. The CDB heard public comment on the application. Comments zeroed in on the inadequate street network for traffic volume, specifically the substandard roads of Fowler Lane, South 27th, and Stucky Road, and defined these roadway as dangerous for all users except vehicular traffic. Comments addressed the poor condition of the intersection of Fowler Lane and Stucky Road. Also, comments were received about impacts of the natural environment and water availability. The Community Development Board acting in their capacity as the Zoning Commission held a public hearing on April 17, 2023. Numerous public comments were heard on the application. A variety of concerns were raised by public comment including traffic impacts, general infrastructure deficiencies to serve future development, water pressure, water quantity, preservation of productive agricultural land, and the transportation network. In addition to specific concerns comments addressed the associated density, development in this area and its impact on Bozeman’s efforts to address climate change, and character. Not all comments were critical of the proposed zoning. The Commission focused on the lack of commercial activity in the vicinity and the narrow class of use allowed by residential zones. The Commission found that the R-4 zoning does not adequately integrate uses promoted by a variety of goals and policies of the BCP 2020. The Commission moved and seconded the staff recommended motion described in the Staff Report, the motion failed (0:6). The Commission continued by proposing a revised motion to state, “I move to approve the application with a portion of the property to include a commercial zoning designation that allows retail such as REMU, Residential Emphasis Mixed Use”. The motion failed (3:4). In conclusion to Commission recommended not to approve the R-4 zoning. Discussion of the viability of commercial activities has been added in Section 6, Criterion A. A full video recording can be reviewed at the following web link. Review beings at time stamp 1:02:15. https://bozeman.granicus.com/player/clip/2002?view_id=1&redirect=true&h=e9dde40563ffb adab955ef48d8703c94 304 Staff Report for the Gran Cielo II Annexation and ZMA, Application 22090 Page 4 of 46 Public comment has been received on this application. All written comments can be reviewed at the following link. https://weblink.bozeman.net/WebLink/Browse.aspx?id=273672&dbid=0&repo=BOZEMAN Alternatives 1. Approve the application with contingencies as presented; 2. Approve the application with modifications to the recommended zoning; 3. Deny the application based on findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing, with specific direction to staff or the applicant to supply additional information or to address specific items. 305 Staff Report for the Gran Cielo II Annexation and ZMA, Application 22090 Page 5 of 46 TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 2 Unresolved Issues ............................................................................................................... 2 Project Summary ................................................................................................................. 2 Community Development Board (Zoning Commission) Summary ................................... 3 Alternatives ......................................................................................................................... 4 SECTION 1 - MAP SERIES: ................................................................................................... 6 SECTION 2 - RECOMMENDED TERMS OF ANNEXATION .......................................... 11 SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT... 14 SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 15 Annexation ........................................................................................................................ 15 Zone Map Amendment ..................................................................................................... 15 SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS ................................ 16 SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ........... 22 PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 42 APPENDIX A - NOTICING AND PUBLIC COMMENT .................................................... 43 APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 43 APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF ............................ 46 FISCAL EFFECTS ................................................................................................................. 46 ATTACHMENTS ................................................................................................................... 46 306 Staff Report for the Gran Cielo II Annexation and ZMA, Application 22090 Page 6 of 46 SECTION 1 - MAP SERIES: Map 1: Project Vicinity Map 307 Page 7 of 46 Map 2: Vicinity Map Subject Property Subject Property 308 Staff Report for the Gran Cielo II Annexation and ZMA, Application 22090 Page 8 of 46 Map 3: BCP 2020 Future Land Use Map Subject Property 309 Staff Report for the Gran Cielo II Annexation and ZMA, Application 22090 Page 9 of 46 Map 4: BCP 2020 Future Land Use Map – Future commercial node locations are shown in PINK. One mile radius from exterior boundary One half mile radius from exterior boundary 310 Staff Report for the Gran Cielo II Annexation and ZMA, Application 22090 Page 10 of 46 Map 5: Existing City Zoning Subject Property REMU approved, not fully adopted 311 Page 11 of 46 SECTION 2 - RECOMMENDED TERMS OF ANNEXATION The following terms of annexation are recommended to enable the application to comply with the City’s Annexation Policy and the requirements of state law for the provision of services. Recommended terms of annexation: 1. The documents and exhibits to formally annex the subject property must be identified as the “Gran Cielo II Annexation”. 2. An Annexation Map, titled “Gran Cielo II Annexation Map” with a legal description of the property and any adjoining un-annexed rights-of-way and/or street access easements must be submitted by the applicant for use with the Annexation Agreement. The map must be supplied as a PDF for filing with the Annexation Agreement at the County Clerk & Recorder, and a digital copy for the City Engineers Office. This map must be acceptable to the Director of Public Works and City Engineers Office, and must be submitted with the signed Annexation Agreement. 3. The applicant must extend the annexation map to the full width of Fowler Lane for the full length of the subject property adjacent to Tract 1, COS 2074. 4. 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. 5. 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. 6. If they do not already exist the applicant must provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SIDs) for the following: a. Street improvements to S. 27th Avenue between Stucky Road and Blackwood Road including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. b. Street improvements to Stucky Road between Fowler Lane and South 19th Avenue including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. c. Street improvements to West Graf Street between Fowler Lane to South 19th Avenue including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. d. Street improvements to Fowler Lane between Blackwood Road and Stucky Road including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. 312 Staff Report for the Gran Cielo II Annexation and ZMA, Application 22090 Page 12 of 46 e. Intersection improvements at South 27th Ave and West Graft Street including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. f. Intersection improvements at Fowler Lane and West Graf Street including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. g. Intersection improvements at West Graf Street and South 19th Ave including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. h. Intersection improvements at Stucky Road and South 19th Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. i. Intersection improvements to Fowler Lane and Stucky Road including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. j. Intersection improvements to Fowler Lane and Blackwood Road including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. k. The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of the improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. The applicant must provide a copy of the SID waiver in conjunction with the Annexation Agreement. l. 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 annexation. 7. The Annexation Agreement must include the following notices: a. The Annexation Agreement must include notice that, prior to development, the applicant will be responsible for preparing a storm water master plan in conjunction with future development. The storm water master plan shall address maintenance and operations until and unless the City affirmatively assumes responsibility for maintenance and operations of stormwater facilities within the area of the annexation. b. The Annexation Agreement must include notice the City will, upon annexation, make available to the Property existing City services only to the extent currently available, or as provided in the Agreement. 313 Staff Report for the Gran Cielo II Annexation and ZMA, Application 22090 Page 13 of 46 c. The Annexation Agreement must include notice that there is no right, either granted or implied, for Landowner to further develop any of the Property until it is verified by the City that the necessary municipal services are available to the property. d. The Annexation Agreement must include notice that, prior to development, the applicant will be responsible for installing any facilities required to provide full municipal services to the properties in accordance with the City of Bozeman's infrastructure master plans and all City policies that may be in effect at the time of development. e. The Annexation Agreement must include notice that utility easements may be required to be provided by the landowner at the time of development to ensure necessary municipal services are available to the property. f. The agreement must include notice that charges and assessments may be required after completion of annexation to ensure necessary municipal services are available to the property. g. The Annexation Agreement must include notice that the City will assess system development and impact fees in accordance with Montana law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code. h. All procedural terms necessary to establish the Annexation Agreement in conformance with state law and municipal practice will be included with the final Annexation Agreement. 8. The Annexation Agreement must include notice that the applicant must connect to municipal services and will be responsible for installing any facilities required to provide full municipal services to the property in accordance with city policy at the time of connection. 9. CIL of Water Term. The applicant must contact the City’s Engineering Department to obtain an analysis of cash-in-lieu of water rights for the proposed annexation. The determined amount must be paid prior to the adoption of Resolution of Annexation, if applicable. 10. City of Bozeman Resolution 5076, Policy 1 South 27th Street is classified as a collector in the Bozeman Transportation Master Plan (TMP), which has a minimum right-of- way ROW width of (90) feet. The applicant must provide their respective South 27th Street ROW from the centerline of the existing ROW as a public street and utility easement where South 27th Street is adjacent to the property prior to the adoption of Resolution of Annexation. 11. City of Bozeman Resolution 5076, Policy 1 Graf Street is classified as a collector in the Bozeman Transportation Master Plan (TMP), which has a minimum right-of-way ROW width of (90) feet. The applicant must provide their respective Graf Street ROW from the centerline of the existing ROW as a public street and utility easement where Graf Street is adjacent to the property prior to the adoption of Resolution of Annexation. 12. City of Bozeman Resolution 5076, Policy 1 Fowler Lane is classified as a Minor Arterial in the Bozeman Transportation Master Plan (TMP), which has a minimum 314 Staff Report for the Gran Cielo II Annexation and ZMA, Application 22090 Page 14 of 46 right-of-way ROW width of (100) feet. The applicant must provide their respective Fowler Lane ROW (50) feet from the centerline of the existing ROW as a public street and utility easement where Fowler is adjacent to the property prior to the adoption of Resolution of Annexation. 13. City of Bozeman Resolution 5076, Policy 1 Kurk Drive is classified as a Local Street and is adjacent to the subject property. The applicant must provide their respective Kurk Drive ROW in order to provide the City with a 60 foot width public street and utility easement from the intersection of Kurk Drive & 27th endpoint of Kurk Drive at Fowler Lane ROW, prior to the adoption of Resolution of Annexation. 14. All final easements provided to the City must be stamped and signed by a professional surveyor. SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT Please note that these contingencies are necessary for the City to complete the process of the proposed amendment. These contingencies only apply in the event that the related annexation request has previously been approved. Recommended Contingencies of Approval: 1. That all documents and exhibits necessary to establish an initial municipal zoning designation shall be identified as the “Gran Cielo II Annexation Zone Map Amendment.” All required documents must be returned to the City within 60 days of the City Commission action to annex the property or the preliminary approval shall be null and void. 2. That the Ordinance for the Zone Map Amendment shall not be finalized until the Annexation Agreement is signed by the applicant and formally approved by the City Commission. If the annexation agreement is not approved, the Zone Map Amendment application shall be null and void. 3. That the applicant must submit a Zone Amendment map, titled “Gran Cielo II Annexation Zone Map Amendment”. The map must be supplied as a PDF. This map must be acceptable to the City Engineer’s Office, and must be submitted within 60 days of the action to approve the zone map amendment. Said map shall contain a metes and bounds legal description of the perimeter of the subject property including adjacent right-of-ways or street easements, and total acreage of the property to be rezoned; unless the property to be rezoned can be entirely described by reference to existing platted properties or certificates of survey. 4. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant provides an editable metes and bounds legal description prepared by a licensed Montana surveyor. 315 Staff Report for the Gran Cielo II Annexation and ZMA, Application 22090 Page 15 of 46 SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS Annexation Having considered the criteria established for an annexation, the Development Review Committee (DRC) did not find any deficiencies that prohibit annexation at this time that could not be addressed through future development review processes and adopted City Codes. The City Commission will hold a public meeting on the annexation on May 2, 2023. The meeting will begin at 6 p.m. Zone Map Amendment Having considered the criteria established for a zone map amendment, the Staff found the requested zoning meets standards for approval as submitted. The Zone Map Amendment (ZMA) is in conjunction with an annexation request. Staff’s recommendation and staff responses are predicated on approval of the annexation, application 22090. The Development Review Committee (DRC) considered the amendment. The DRC did not identify any infrastructure or regulatory constraints that would impede the approval of the application that cannot be addressed with adopted standards and requirements for future development. The Community Development Board acting in their capacity as the Zoning Commission will hold a public hearing on this ZMA on March 20, 2023, continued to April 17, 2023 and will forward a recommendation to the Commission on the Zone Map amendment. The meeting will begin at 6 p.m. in will be held 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 agenda is available at https://www.bozeman.net/meetings. The City Commission will hold a public hearing on the zone map amendment on April 11, 2023 and continued to May 2, 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 Map Amendment application. Members of the public will also be able to participate remotely via WebEx. Instructions for joining the WebEx meeting will be included on the meeting agenda which is published on the City’s website at least 48 hours prior to the meeting. The agenda is available at https://www.bozeman.net/meetings. 316 Staff Report for the Gran Cielo II Annexation and ZMA, Application 22090 Page 16 of 46 SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS In considering applications for approval of the requested annexation, the advisory boards and City Commission shall consider the following: Commission Resolution No. 5076 Criteria Commission Resolution No. 5076 Goals Goal 1: The City of Bozeman encourages annexations of land contiguous to the City. Criterion Met. The property in question is contiguous to the City limits on the northeast half, east, and the southern edge of the property. Goal 2: The City encourages all areas that are totally surrounded by the City to annex. Criterion not met. The subject property is not wholly surrounded at this time. Unannexed property lies to the west and northwest. 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. Criterion met. There are no structures onsite contracting for City services. Goal 4: The City of Bozeman requires annexation of all land proposed for development lying within the existing and planned service area of the municipal water and sewer systems as depicted in their respective facility plans, any land proposed for development that proposes to utilize municipal water or sewer systems. Criterion met. The subject property lies within the planned service area of the municipal water and sewer services. Future proposed developments will be required to utilize municipal water or sewer systems. Goal 5: The City encourages annexations within the urban area identified on the future land use map in the current Bozeman Growth Policy. Criterion Met. As shown in Section 1, the subject property is planned as ‘Urban Neighborhood’ and is within the urban area of the growth policy. See the discussion under Criterion A of Section 6 of the report for more information on the growth policy. Goal 6: The City of Bozeman encourages annexations to make the City boundaries more regular rather than creating irregular extensions which leave unannexed gaps between annexed areas or islands of annexed or unannexed land. Criterion Met. The proposed annexation will fill in a missing gap between Buffalo Run to the south, Meadow Creek subdivision to the east, and Gran Cielo subdivision to the northeast. Visual observation shows a more regular city boundary with this property annexed. 317 Staff Report for the Gran Cielo II Annexation and ZMA, Application 22090 Page 17 of 46 Goal 7: The City of Bozeman encourages annexations which will enhance the existing traffic circulation system or provide for circulation systems that do not exist at the present time. Criterion met. The property is bounded by roadways identified in the Bozeman Area Transportation Plan, 2017 Update as Collector and Arterial streets. In addition, Kurk Drive, a local street, will eventually be constructed to connect the exiting road to Fowler Lane. Terms of annexation include provisions pursuant to City of Bozeman Resolution 5076, Policy 1 to acquire necessary rights-of-way (ROW) to accommodate the development of these streets. Fowler Lane is a designated Arterial street which requires 100 feet of ROW. Both South 27th Avenue and West Graf Street are designated Collector streets which utilize a 90 foot ROW. See Terms of Annexation No. 10 – 13. There are no Class I trails identified in the PROST plan on the subject 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 limitations, sanitary disposal needs, fire access, maintenance of public facilities, etc., justify a smaller annexation. Criterion met. The subject property is approximately 81.468 acres. Goal 9: The City seeks to obtain water rights adequate for future development of the property with annexation. Criterion Met. After annexation, the subject property will be bound to the provisions of 38.410.130 which require evaluation of water adequacy and provision of water if needed at time of development. The municipal code section requires water rights or an equivalent to be provided. Exact timing and amounts will be evaluated during development review. There are several methods to address the requirements of 38.410.130. The annexation agreement will provide notice of this requirement, see Terms of Annexation 9. The landowner will consent to this requirement by signature on the annexation agreement. Goal 10: The City of Bozeman encourages annexations for City provision of clean treated water and sanitary sewer. Criterion Met. The subject property is located within the City’s planned water and sewer service area. See Goal 4 above. Any future development will be required to connect to the City systems. Per Term of Annexation 7.d and 8, the Annexation Agreement requires notice that the applicant requires the applicant to design extensions of services to meet the City’s adopted infrastructure standards. These include provisions for minimum water pressure and volumes, adequate sewer flows by volume, gravity flow of sewers, and other standards necessary to protect public health and safety and ensure functional utilities. 318 Staff Report for the Gran Cielo II Annexation and ZMA, Application 22090 Page 18 of 46 Resolution No. 5076 Policies Policy 1: Annexations must include dedication of all easements for rights-of-way for collector and arterial streets, adjacent local streets, public water, sanitary sewer, or storm or sewer mains, and Class I public trails not within the right of way for arterial or collector streets. Annexations must also include waivers of right to protest the creation of special or improvement districts necessary to provide the essential services for future development of the City. Criterion Met. As discussed in Section 5 Goal 7, additional right of way is being included for the Collector streets of South 27th Avenue, and West Graf Street. And Fowler Lane Arterial Street needs. The Recommended Terms of Annexation include requirements for these right of way provisions. See Terms of Annexation 10 - 12. No Class I trails are designated for the subject property according to the PROST Plan. Policy 2: Issues pertaining to master planning and zoning must be addressed prior to or in conjunction with the application for annexation. Criterion Met. The subject property is planned for Urban Neighborhood. No change to the growth policy is required. The application includes a request for initial zoning of R-4. See the zone map amendment section of this report for analysis of the zone map amendment criteria. Policy 3: The application for annexation must be in conformance with the current Bozeman Growth Policy. If a Growth Policy Amendment is necessary to accommodate anticipated uses, the amendment process must be initiated by the property owner and completed prior to any action for approval of the application for annexation. Criterion Met. The property is designated “Urban Neighborhood” on the future land use map. No growth policy amendment is required. See discussion under zone map amendment Criterion A. Policy 4: Initial zoning classification of the property to be annexed will be determined by the City Commission, in compliance with the Bozeman Growth Policy and upon a recommendation of the City Zoning Commission, simultaneously with review of the annexation petition. The Community Development Board acting in their capacity as the City Zoning Commission will be reviewing the requested zoning district designation on April 17, 2023. The Zoning Commission’s recommendation will be passed along to the City Commission for review and consideration along with the annexation request on May 2, 2023. 319 Staff Report for the Gran Cielo II Annexation and ZMA, Application 22090 Page 19 of 46 Policy 5: The applicant must indicate their preferred zoning classification as part of the annexation petition. Criterion Met. The applicant has requested a zoning designation of R-4, Residential High Density District. See Section 6 of this report for analysis of the requested zoning. Policy 6: Fees for annexation processing will be established by the City Commission. Criterion Met. The appropriate application processing and review fees accompanied the application. Policy 7: It is the policy of the City that annexations will not be approved where unpaved county roads will be the most commonly used route to gain access to the property unless the landowner proposes a method to provide for construction of the road to the City’s street standards. Criterion Met. The subject property is accessed by South 27th Street, Kurk Drive, and Fowler Lane; all of which are paved. Policy 8: Prior to annexation of property, the City will require the property owner to acquire adequate and usable water rights, or an appropriate fee in lieu thereof, in accordance with Section 38.410.130 of the municipal code, as amended. Criterion Met. The property owner shall provide usable water rights, or cash in-lieu of water rights thereof, in an amount to be determined by the Director of Public Works, as outlined by Section 38.410.130 of the municipal code. The calculated amount will be determined by the Director of Public Works and based on the zoning designation approved by the City Commission. Term of annexation 9 requires notice of this requirement to be part of the annexation agreement. Satisfaction of this requirement will occur with future development. Policy 9: Infrastructure and emergency services for an area proposed for annexation will be reviewed for the health, safety and welfare of the public and conformance with the City’s adopted facility plans. If the City determines adequate services cannot be provided to ensure public health, safety and welfare, the City may require the property owner to provide a written plan for accommodation of these services, or the City may reject the petition for annexation. Additionally, the parcel to be annexed may only be provided sanitary sewer service via the applicable drainage basin defined in the City Wastewater Collection Facilities Plan. Criterion Met. City infrastructure and emergency services are available to the subject property. An existing 12 inch ductile iron water pipe is in West Graf Street and South 27th Avenue to the north and east respectively. An additional 8 inch ductile iron water pipe is in Kurk Drive on the south side of the subject property. Any future development will be required to connect to the City systems. The property is located adjacent to existing urban development that is currently served by Bozeman Fire. 320 Staff Report for the Gran Cielo II Annexation and ZMA, Application 22090 Page 20 of 46 Per Term of Annexation 7a, 7.d, and 8, the Annexation Agreement required 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 minimum water pressure and volumes, adequate sewer flows by volume, gravity flow of sewers, and other standards necessary to protect public health and safety and ensure functional utilities. Policy 10: The City may require annexation of any contiguous property for which city services are requested or for which city services are currently being provided. In addition, any person, firm, or corporation receiving water or sewer service outside of the City limits is required as a condition of initiating or continuing such service, to consent to annexation of the property serviced by the City. The City Manager may enter into an agreement with a property owner for connection to the City’s sanitary sewer or water system in an emergency conditioned upon the submittal by the property owner of a petition for annexation and filing of a notice of consent to annexation with the Gallatin County Clerk and Recorder’s Office. The contract for connection to city sewer and/or water must require the property owner to annex or consent to disconnection of the services. Connection for purposes of obtaining City sewer services in an emergency requires, when feasible as determined by the City, the connection to City water services. Criterion Met. City services are not currently being provided to this property as it is vacant. Future development will be required to hook up to City services. This annexation is not a result of an emergency condition requiring connection. Policy 11: The annexation application shall be accompanied by mapping to meet the requirements of the Director of Public Works. Where an area to be annexed can be entirely described by reference to a certificate of survey or subdivision plat on file with the Gallatin County Clerk and Recorder the mapping may be waived by the Director of Public Works. Criterion Met. Mapping to meet the requirements of the Director of Public Works must be provided with the Annexation Agreement. Mapping requirements are addressed in Recommended Term of Annexation 2. The map must include adjacent right of way and therefore cannot be described solely by reference to platted lands. Policy 12: The City will assess system development/ impact fees in accordance with Montana law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code. Neutral. The annexation does not require immediate payment of fees. The annexation agreement will provide notice of obligations to pay impact fees at times of triggers as required in ordinance. Policy 13: Public notice requirements: Notice for annexation of property must be coordinated with the required notice for the zone map amendment required with all 321 Staff Report for the Gran Cielo II Annexation and ZMA, Application 22090 Page 21 of 46 annexation. The zone map amendment notice must contain the materials required by 38.220.410, BMC. Notices of the public hearing have been mailed, published in the Bozeman Daily Chronicle twice, and posted on the site as set forth under this policy. See Appendix A for more details. Policy 14: Annexation agreements must be executed and returned to the City within 60 days of distribution of the annexation agreement by the City, unless another time is specifically identified by the City Commission. Criterion Met. Suggested terms of annexation include a notice that the agreement, once prepared and provided to the applicant, must be signed and retuned within the stated time period. This policy will be implemented only if the Commission acts to grant approval. If the application is denied then no annexation agreement will be necessary. Policy 15: When possible, the use of Part 46 annexations is preferred. Criterion Met. This annexation is being processed under Part 46 provisions. Policy 16: Where a road improvement district has been created, the annexation does not repeal the creation of the district. The City will not assume operations of the district until the entirety of the district has been annexed. Any funds held in trust for the district will be used to benefit the district after transfer to the City. Inclusion within a district does not lessen the obligation to participate in general city programs that address the same subject. Neutral. No road improvement district is associated with this application. Policy 17: The City will notify the Gallatin County Planning Department and Fire District providing service to the area of applications for annexation. Criterion Met. The necessary agencies were notified and provided copies of the annexation. Policy 18: The City will require connection to and use of all City services upon development of annexed properties. The City may establish a fixed time frame for connection to municipal utilities. Upon development, unless otherwise approved by the City, septic systems must be properly abandoned and the development connected to the City sanitary sewer system. Upon development, unless otherwise approved by the City, water wells on the subject property may be used for irrigation, but any potable uses must be supplied from the City water distribution system and any wells disconnected from structures. The property owner must contact the City Water and Sewer Superintendent to verify disconnects of wells and septic systems. Criterion Met. There are no existing septic systems or wells that will need to be abandoned. All future development will be required to connect to city services. 322 Staff Report for the Gran Cielo II Annexation and ZMA, Application 22090 Page 22 of 46 SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications for plan approval under this title, the advisory boards and City Commission must consider the following criteria (letters A-K). As an amendment is a legislative action, the Commission has broad latitude to determine a policy direction. The burden of proof that the application should be approved lies with the applicant. A zone map amendment must be in accordance with the growth policy (criteria A) and be designed to secure safety from fire and other dangers (criteria B), promote public health, public safety, and general welfare (criteria C), and facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a zone map amendment the Commission must find Criteria A-D are met. In addition, the Commission must also consider criteria E-K, and may find the zone map amendment to be positive, neutral, or negative with regards to these criteria. To approve the zone map amendment, the Commission must find the positive outcomes of the amendment outweigh negative outcomes for criteria E-K. In determining whether the criteria are met, Staff considers the entire body of plans and regulations for land development. Standards which prevent or mitigated negative impacts are incorporated throughout the entire municipal code but are principally in Chapter 38, Unified Development Code. Section 76-2-304, MCA (Zoning) Criteria A. Be in accordance with a growth policy. Criterion met. The Bozeman Community Plan (BCP) 2020, Chapter 5, p. 73, in the section titled Review Criteria for Zoning Amendments and Their Application, discusses how the various criteria in 76-2-304 MCA are applied locally. Application of the criteria varies depending on whether an amendment is for the zoning map or for the text of Chapter 38, BMC. The first criterion for a zoning amendment is accordance with a growth policy. Future Land Use Map The proposed amendment is a change to the zoning map. Therefore, it is necessary to analyze compliance with the future land use map. Chapter 3 of the BCP 2020 addresses the future land 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.” 323 Staff Report for the Gran Cielo II Annexation and ZMA, Application 22090 Page 23 of 46 “The land use map sets generalized expectations for what goes where in the community. Each category has its own descriptions. Understanding the future land use map is not possible without understanding the category descriptions.” The area of this application is within the anticipated growth area of the City. As shown on the maps in Section 1, on the excerpt of the current future land use map, the property is designated as Urban Neighborhood. The Urban Neighborhood designation description reads: “This category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single type of housing are discouraged. In limited instances, an area may develop at a lower gross density due to site constraints and/or natural features such as floodplains or steep slopes. Complementary uses such as parks, home-based occupations, fire stations, churches, schools, and some neighborhood-serving commerce provide activity centers for community gathering and services. The Urban Neighborhood designation indicates that development is expected to occur within municipal boundaries. This may require annexation prior to development. Applying a zoning district to specific parcels sets the required and allowed density. Higher density residential areas are encouraged to be, but are not required or restricted to, proximity to commercial mixed use areas to facilitate the provision of services and employment opportunities without requiring the use of a car.” The correlation between the future land use map of the growth policy and the zoning districts is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the following Correlation with Zoning Table excerpt, the R-4 district is an implementing district of the Urban Neighborhood. The applicant originally requested a combination of R-3 and R-4 evenly split on the property. After initiating the public comment period the application was amended to request the R-4 zone for the entire property. In finding that this application meets criterion A, with hesitation, the analysis is cognizant that in many planning efforts and discussions over the decades, the Planning Board and City Commission have considered the various elements of the question of to grow or not grow and the consequences of either approach. After considering this question, they have concluded that having growth within the physical boundaries of Bozeman results in better outcomes than not. Therefore, the BCP 2020 approaches growth as something that overall is positive but 324 Staff Report for the Gran Cielo II Annexation and ZMA, Application 22090 Page 24 of 46 recognizes that it does not come without drawbacks and that the community will change over time. Large swath of single use zoning is generally not supported by the BCP 2020. No metric for what is considered “large” has been established. Although some zoning districts, REMU for example, require minimum areas to qualify most do not. The City’s development code does not include a requirement to mix housing types, we rely on the market, developer preference, and lending practice to influence housing types. The BCP 2020 includes many goals and objectives to encourage a variety of housing types and the production missing middle housing that supports a variety of goals and polices. Establishing R-4 zoning on the entire property may not achieve the desired outcome. The location of this property is unique due its distance to existing commercial activity, employment centers, educational opportunities, and other City services because it is nearing the jump to next Commercial Node identified on the BCP 2020. See Map 4 in Section 1 of this report. Viable commercial activity requires sufficient rooftops. As part of the City’s Community Plan Hub web site, the City is tracking its efforts to meet the goals and objectives detailed in the BCP 2020. For example, under the City of Unique Neighborhoods Theme is the Bozeman Residential Density Map – Community Plan Indicators Map. The residential density map shows the nearest development to the subject property, Meadow Creek Phase 1 subdivision, has a living unit per acre of 5 – 10. This data will improve its accuracy as the City infills. Currently, there are undeveloped parcels that skew the results and push the value lower than if you exclude vacant parcels in the calculation. However, the histogram associated with the map shows the following general trends in relation to each zoning district. Figure 1: Average living units per acre by Zoning Designation 325 Staff Report for the Gran Cielo II Annexation and ZMA, Application 22090 Page 25 of 46 The R-4 zoning district correlates with the principles applied in the Bozeman Community Plan 2020. A few of the ten principles listed under Basic Planning Precepts of the Plan are supported by the R-4 district. For example, “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.” And, “gathering places and open spaces, including parks and trails, should be in convenient locations to those they serve. Quality and function is superior to quantity alone.” The latter is achieved by the City’s adopted development code. On the other hand, other precepts are less supportive of the scope of requested R-4 zoning. Specific goals and objectives can be teased out showing conformance of the proposed zoning designation. The primary discussion point is whether or not 80 acres of a single zoning residential designation meet the diverse needs of the City compared a mix of zoning districts. Goals and Policies A zoning amendment is also evaluated against the goals and policies of the BCP 2020. Most of the goals and policies are not applicable to this application. Relevant goals and objectives have been identified by staff. Conflict with the text of the growth policy hasn’t been identified. The Short Term Action list on page 63 of the BCP 2020 describes 14 items to implement the growth policy. The first two relate to direct changes to the zoning map in support of listed goals and objectives. These include increasing the intensity of zoning districts in already developed areas. Beginning on page 71 of the BCP 2020 in the section titled Zoning Amendment Review, the document discusses how the City implements zoning for new areas, amendments to areas, and revisions to existing text. This section includes a discussion of when the City may initiate a zoning change to a more intensive district to increase development opportunities. This section demonstrates that the City, as a matter of policy, is supportive of more intensive zoning districts and development. It is inconsistent with this approach to zone at annexation for lower intensities than what infrastructure and planning documents will support. This policy approach does not specify any individual district but does lean towards the more intensive portion of the zoning district spectrum. The intent described above is strengthened by Objective N-1.11 “Enable a gradual and predictable increase in density in developed areas over time.” It is inconsistent with the approach to increase density within existing already developed area and to zone at annexation for lower intensities than what infrastructure and planning documents will support. This policy approach does not specify any individual district but does lean towards the more intensive portion of the zoning district spectrum. Goal N-3: Promote a diverse supply of quality housing units. 326 Staff Report for the Gran Cielo II Annexation and ZMA, Application 22090 Page 26 of 46 As noted above the area is designated as Urban Neighborhood according to the FLUM. 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. Although, in limited instances, an area may develop at a lower gross density due to site constraints and/or natural features, we generally assume the most density permitted by a given zoning district. Without constraints it would be reasonable to assume a developed density of 18 dwelling units per net acre or approximately 1,440 dwellings units on the property. 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. Goal DCD-1: Support urban development within the City. The proposed zoning is occurring in conjunction with an annexation. Any future development will be required to occur at urban densities and will be within the City. If the City Commission declines the annexation then the requested R-4 zoning will not occur. DCD-2.2 Support higher density development along main corridors and at high visibility street corners to accommodate population growth and support businesses. Fowler Avenue is a planned arterial street as shown in the last three long range transportation plans including the current Transportation Master Plan adopted in 2017. Arterial streets are the most intensive category of streets. Fowler Avenue is planned to extend from Hyalite Canyon to Valley Center Road. This street will develop to be a main corridor. West Graff Street is a designed Collector Street. Therefore, placement of higher density development adjacent to Fowler Avenue and Graff Street is consistent with this objective. Fowler is presently developed as a rural standard road. Graff has not been extended to through the subject property. Evaluation of the degree of required road improvements will occur with formal development review. RC-3.2 Work with Gallatin County to keep rural areas rural and maintain a clear edge to urban development that evolves as the City expands outwards. Gallatin County adopted the Gallatin County/Bozeman Area Plan (GCBA Plan), a neighborhood plan under their growth policy, to identify County priorities for this area of the county. Implementing zoning was updated for the new neighborhood plan and is now in place. “The purposes of the [County] Growth Policy and the 2005 Bozeman Area Plan are to provide comprehensive, long-range guidance relative to the growth and development…” The GCBA Plan recognizes the area is in transition. On page 1 of the GCBA Plan it says, “It is not the intent of this Plan to prematurely discourage existing agricultural operations; rather it is the intent to accommodate the needs of present agriculture while recognizing an inevitable transition to a more urban landscape.” 327 Staff Report for the Gran Cielo II Annexation and ZMA, Application 22090 Page 27 of 46 The proposed annexation and zoning of this property will extend the municipal boundary to Fowler Lane. Two other properties were recently annexed to the north and south of the subject property; Buffalo Run and the Fowler Lane Annexation properties. Measuring on the north of Huffine Lane City limits extends an additional 1.75 miles to the west and the planning area another three-quarters of a mile beyond City limits. The municipal service area and planning area of the city extends two and half miles west of Fowler Lane. 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. The Demographic and Real Estate Market Assessment, 2018 (EPS) evaluated commercial zoning needs. Specifically, the report evaluated some of the issues with supporting and growing retail and commercial series and business closer to housing and well-connected community serving commercial and retail areas, “Commercial Zoning Evaluation” (p. 54- 62). The comments speak to “neighborhood commercial”. The assessment states, “It is estimated that a B-1 district with 500 residents within 0.5 to 1.0 miles can support approximately 2,000 square feet of retail, food, and beverage space. However, a vibrant neighborhood commercial center needs a larger ‘critical mass’ of space to be viable, judged to be in the 20,000 to 30,000 square foot range. Therefore, a B-1 district requires approximately 3,500 to 5,500 households within a 0.5 to 1.0-mile radius (Table 15). Methodology is important, but here is a key takeaway for neighborhood commercial. A prototypical 10 acre B-1 District could contain 40,000 SF of commercial development. The FLUM show locations for commercial activity to meet future needs. As shown in Map 4 in Section 1 of this report four commercial nodes of varying size are planned for this part of town. These include Kagy Boulevard and 19th Avenue, Blackwood Road and South 19th, West Graf Street and South Cottonwood. 328 Staff Report for the Gran Cielo II Annexation and ZMA, Application 22090 Page 28 of 46 Goal RC-3: Collaborate with Gallatin County regarding annexation and development patterns adjacent to the City to provide certainty for landowners and taxpayers. Gallatin County has been notified of the proposed annexation. RC-3.3 Prioritize annexations that enable the incremental expansion of the City and its utilities. The property in question is contiguous to the City limits on the east, south, and half of the north with approximately 5,200 lineal feet adjacent to existing City limits. It adds approximately 80 acres to the City limits that is available for urban development while creating a more consistent city border. The discussion and analysis for the Buffalo Run Annexation (property directly to the south) noted that it would create a peninsula of 20 acres. It stated that, “it is expected that additional annexations in the future will make the City boundary more regular.” This application brings this expectation to fruition. RC-3.4 Encourage annexation of land adjacent to the City prior to development and encourage annexation of wholly surrounded areas. The property is adjacent to the City and does not create any new unannexed areas surrounded by City limits. The property is seeking annexation and municipal zoning for the purpose of residential development. Annexation is happening before development. In addition to goals and objectives, the BCP 2020 includes descriptive statements regarding what the goals and objectives seek to support and create. Page 27 of the BCP 2020 includes the descriptive language for Theme 2, A City of Unique Neighborhoods. Reviewing the language, themes of housing diversity, inclusion, and equity to serve different housing needs are prevalent. Theme 2 emphasizes the importance of neighborhoods in the City’s development. It is notable that none of the goals and objectives associated with Theme 2 calls for fixing the character of developed areas in their current status or prohibit the evolution of an area’s character. There is recognition of the role that a sense of place serves in Goal N-4. Neighborhoods do have physical attributes that help them be distinctive. See also RC – 3.3 response. Goal N-4: Continue to encourage Bozeman’s sense of place. N-4.1 Continue to recognize and honor the unique history, neighborhoods, neighborhood character, and buildings that contribute to Bozeman’s sense of place through programs and policy led by both City and community efforts. The proposed amendment does not alter the zoning on any adjacent property and correspondingly the character of that adjacent property. As noted in other criteria in this report, the proposed amendment is consistent with the planned development of the area as homes with 329 Staff Report for the Gran Cielo II Annexation and ZMA, Application 22090 Page 29 of 46 an urban intensity. While the application does not further all goals of the BCP 2020, taken as a whole the application is supportive of and in accordance with, the BCP 2020. B. Secure safety from fire and other dangers. Criterion Met. There are no current buildings, however future development will be served by the Bozeman Fire Department. Fire protection water supply will be provided by the City of Bozeman water system. The property is not within any delineated floodplain nor does it have other known natural hazards. Upon annexation the subject property will be provided with City emergency services including police, fire and ambulance. Future development of the property will be required to conform to all City of Bozeman public safety, building and land use requirements. The City provides emergency services to adjacent properties and no obstacles have been identified in extending service to this parcel. C. Promote public health, public safety, and general welfare. Criterion Met. See comments in Section 6, Criteria A, B and D. City development standards included in Chapter 38, Unified Development Code, building codes, and engineering standards all ensure that this criterion is met. Adequate water and sewer supply and conveyance provide for public health through clean water. Rapid and effective emergency response provides for public safety. The City’s standards ensure that adequate services are provided prior to construction of homes which advances this criterion. General welfare has been evaluated during the adoption of Chapter 38 and found to be advanced. Provision of parks, control of storm water, and other features of the City’s development standards advance the general welfare. Compliance with the BCP 2020 advances the well-being of the community as a whole. D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. Criterion Met. This property is included in future planning areas. The City conducts extensive planning for municipal transportation, water, sewer, parks, and other facilities and services provided by the City. The adopted plans allow the City to consider existing conditions and identify enhancements needed to provide additional service needed by new development. The City implements these plans through its capital improvements program that identifies individual projects, project construction scheduling, and financing of construction. As stated in 38.300.020.C, the designation of a zoning district does not guarantee approval of new development until the City verifies the availability of needed infrastructure. All zoning districts in Bozeman enable a wide range of uses and intensities. At time of future subdivision or site plan review the need for individual services can be more precisely determined. No subdivision or site plan is approved without demonstration of adequate capacity. 38.300.020.C, “Placement of any given zoning district on an area depicted on the zoning map indicates a judgment on the part of the city that the range of uses allowed within that district are generally acceptable in that location. It is not a guarantee of approval for 330 Staff Report for the Gran Cielo II Annexation and ZMA, Application 22090 Page 30 of 46 any given use prior to the completion of the appropriate review procedure and compliance with all of the applicable requirements and development standards of this chapter and other applicable policies, laws and ordinances. It is also not a guarantee of immediate infrastructure availability or a commitment on the part of the city to bear the cost of extending services.” The application site is located 2 miles within the City’s land use, transportation, parks, and utility planning areas. Those plans show this property as developing within the City when development is proposed. Adequacy of all these public requirements is evaluated during the subdivision and site development process. All zoning districts in Bozeman enable a range of uses and intensities. At the 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. The future development of the area will require dedication and construction of streets, provision of parks, extension of water and sewer services, and placement of easements for telecommunication, electricity and similar dry utilities. As noted in Section 6, Criterion A, the Fowler Lane alignment has been designated in multiple City and joint City/County transportation plans as an arterial street. Although presently a gravel rural surface, Fowler Lane is a substantial north-south link in the long range transportation network with a long term width of 110 feet planned for the right of way. With or without this proposed zoning amendment the street will change to an urban paved street at some time. Development of any urban zoning or more intensive County zoning district will require changes to the street to the degree demonstrated as necessary during review of the development. As noted above, the placement of a zoning district does not grant entitlement to construct. West Graff Street is a designated Collector Street and required ROW easements are required with the associated annexation. Similar to Fowler Lane, with or without this proposed zoning amendment the street will change to an urban paved street at some time. The site is located within the Cattail Creek drainage basin and Meadow Creek sewer outfall service area. Both have capacity to service additional development. Water mains are located in Kurk Drive, South 27th, and West Graff and can be extended to provide the required looped water service. Responsibility to make those connections lies with the developer. The site is adjacent to Fowler Lane, an arterial street. Kurk Drive, a paved City street with sidewalks on the south side, connects to the property at the east side. South 27th provides access on the east. Review of future development will further verify adequate capacity is present and all needed connections can be provided before any construction may begin. Division 38.420 and Section 38.520.060 require dedication of parks and on-site open spaces to meet the needs of residents. The associated annexation will partially address required compliance with City standards through the Terms of Annexation in Section 2. Dedication of right of way for arterials streets 331 Staff Report for the Gran Cielo II Annexation and ZMA, Application 22090 Page 31 of 46 is part of the annexation process as is agreement to follow the City’s development standards. With future development proposals, the applicant must demonstrate not just possible but actual street networks and utility connections existing or to be constructed to support the intensity of development proposed. See also Section 6, Criterion F regarding transportation and Section 5, annexation Policies 8, 9, and 12. The criterion is met. E. Reasonable provision of adequate light and air. Criterion Met. The R-4 zoning designation has requirements for setbacks, height, and lot coverage which provide for the reasonable provision of adequate light and air. Any future development of the property will be required to conform to City standards for setbacks, height, lot coverage, and buffering. In addition to the zoning standards, adopted building codes contain more detailed requirements for air circulation, window placement, and building separation that further ensure the intent of this criterion is satisfied. The site has wetlands and riparian areas running through the property. The City requires protection of wetlands. This requirement applies to all zoning districts. This will support additional light and air beyond what would otherwise be applicable on the site. F. The effect on motorized and non-motorized transportation systems. Criterion Met. The proposed zoning will allow for a higher density of uses than is currently allowed under Gallatin County zoning. As a result, under the proposed zoning, when a development is proposed, they will be responsible for their frontage improvements which will include improvements along Fowler Lane, Graff Street, and 27th Avenue in addition to internal streets required to serve development. The City conducts routine transportation monitoring, modeling, and planning to understand existing conditions and future needs of the transportation system. The 2017 Transportation Master Plan is the most recent transportation plan. Figure 2.5, Existing Major Street Network, shows Fowler Avenue as an arterial street, S. 27th Avenue, and Graf Street as collectors. The Greater Bozeman Area Transportation Plan 2007 Update, Gallatin County’s adopted transportation plan for this same area, shows the same street classifications on Figure 2.2. These four streets will be the primary collector and arterial accesses to the site over time. Local streets will link the larger arterial and collectors. Both documents show extensions of Graf Street to Fowler as future expansions of the road network. Further capacity expansion to the transportation network is planned, such as upgrading the condition of Fowler Lane, Stucky Road, extending Graff, improving and connecting Blackwood to S. 19th, and signalization of the intersection of Blackwood and 19th. These expected actions to implement the Transportation Master Plan will mitigate impact on the larger transportation network as the overall area develops. Not all of these expansions will be the responsibility of individual projects. 332 Staff Report for the Gran Cielo II Annexation and ZMA, Application 22090 Page 32 of 46 The recently adopted Capital Improvement Plan (CIP FY24-FY28) included funds from the Street Impact Fee Fund for improvements to Stucky Road from South 19th to Fowler Road. Fowler Lane is currently a rural standard unpaved road. Development of the site will require development of additional street capacity. Exact routing of travel and character of the improvements is not known at this time. They will be identified during development review when a specific construction proposal is made and impacts can be more accurately identified. Anticipated street capacity for various classes of streets is shown in Table 2.7 of the Transportation Master Plan and discussed in Section 2.4.1 of the same document. Future development of this property provides opportunity to expand the pedestrian network through installation of sidewalks such as a new East-West link connecting Fowler Lane to the sidewalk network along an extension of Kurk Drive. As there are no existing pedestrian or bicycle facilities along this section of Fowler Lane, the future extension of Graff Street and Kurk Drive will substantially shorten the travel distance from the west to reach trails, sidewalks, and parks. Bike and pedestrian travel is much more sensitive to distance than motor vehicle travel. Sidewalk installation is a minimum development standard under Chapter 38. This expands and improves the non-motorized transportation system. These links will be required with any future development under any municipal zoning district. Figure 2.10 of the Transportation Master Plan visually illustrates the Census and American Community Survey data that those living in the census tract including this property commute to work 35% of the time by foot, bike, or transit and likely higher with considerable recent development in the area. This is the 2nd highest rate in the City area. Given the location of the project site Staff expects that the non-motorized work trip will be less than the 35%. However, the extension of Kurk Drive and Graff Street will provides a continuous street connection from the far west of the subject property to the collector and arterial network that would support walking and biking to major destinations like MSU. Non-work travel data is not available from the Census. There are intermittent gaps in pedestrian and bicycle network. It is expected that those will fill in over time, either with development of adjacent properties or overall City improvements. The City has set minimum standards applicable to development to limit block length, ensure trail and sidewalk connections, and provide streets adequate to carry traffic projected from development. These standards are not applied at the time of the ZMA but are implemented during the subdivision and site plan processes required before any construction may begin. See also Section 6, Criterion D. The Walk Score is low with a walk score of zero, a transit score of zero, and a bike score of 48. These values are provided by Walk Score, a private organization which presents information on real estate and transportation through walkscore.com. The algorithm which produces these numbers is proprietary. A score is not an indication of safety or continuity of services or routes. Scores are influenced by proximity of housing, transit, and services and expected ability, as determined by the algorithm, to meet basic needs without using a car. Sites 333 Staff Report for the Gran Cielo II Annexation and ZMA, Application 22090 Page 33 of 46 located on the edge of the community have lower scores than those in the center of the community as the area is still under development and therefore diversity of uses is less than in fully established areas. There are no adopted development standards relating to the walk score. If, as suggested by the applicant, their statement of constructing mixed-use, may eventually improve these scores. According to Walk Score® the walks score measures the walkability of any address based on the distance to nearby places and pedestrian friendliness. 90 – 100 Walker’s Paradise. Daily errands do not require a car. 70 – 89 Very Walkable. Most errands can be accomplished on foot. 50 – 69 Somewhat walkable. Some errands can be accomplished on foot. 25 – 49 Car-Dependent. Most errands require a car. 0 – 24 Car-Dependent. Almost all errands require a car. Prior to occupancy or other appropriate trigger the applicant must show all applicable transportation systems are adequate to serve the proposed development and must meet minimum City standards. The Applicant has been advised of specific code provisions that will apply with future development proposals. G. Promotion of compatible urban growth. Criterion Met. The Bozeman Community Plan establishes a preferred and compatible development pattern. “The land use map sets generalized expectations for what goes where in the community… The land use categories and descriptions provide a guide for appropriate development and redevelopment locations for civic, residential, commercial, industrial, and other uses. The future land use designations are important because they aim to further the vision and goals of the City through promoting sustainability, citizen and visitor safety, and a high quality of life that will shape Bozeman’s future.” (Community Plan P. 51) Individuals may have widely varying opinions about what constitutes compatibility. To address this wide variation of viewpoint, 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 development standards. They are defined as: “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 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 334 Staff Report for the Gran Cielo II Annexation and ZMA, Application 22090 Page 34 of 46 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 discernible 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 materials.” As noted in the definition of Compatible development, there are many elements that contributed to compatibility. The final sentence of the definition deserves emphasis “Compatible development 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-4 district is a residential district. The allowed uses for residential districts are set in 38.310.030. Table 38.310.030.A - Permitted general and group residential uses in residential zoning districts, shows permitted uses in the R-4 district and Table 38.310.030.B details permitted accessory and non-residential uses in residential zoning districts. The form and intensity standards for residential districts are in 38.320.030. The existing Meadow Creek subdivision (zoned R-3) has developed between 5 – 10 living units per acre. According to City code the required minimum density for the R-1 through R-3 districts is 5. The minimum density for R-4 is 8 dwelling per net acre. The more intensive development elements allowed in the R-4 district is subject to additional development standards established in Article 38.5, Project Design, of the municipal code. These standards address both site and building design to enable differing uses and scales of development to meet the definition of compatible in the municipal code and presented above. Section 38.500.010. – Purpose states: “This article (38.5) implements the Bozeman's growth policy. Overall, this article: A. Provides clear objectives for those embarking on the planning and design of development projects in Bozeman; B. Preserves and protects the public health, safety, and welfare of the citizens of Bozeman; C. Ensures that new commercial and multi-household development is of high quality and beneficially contributes to Bozeman's character; D. Ensures that new developments within existing neighborhoods are compatible with, and enhance the character of Bozeman's neighborhoods; E. Promotes an increase in walking and bicycling throughout the City; F. F. Enhances the livability of Bozeman's residential developments; G. Maintains and enhances property values within Bozeman.” 335 Staff Report for the Gran Cielo II Annexation and ZMA, Application 22090 Page 35 of 46 The intent of the R-4 district, 38.300.100.E, BMC, “is to provide for high-density residential development through a variety of housing types within the city with associated service functions. This purpose is accomplished by: 1. Providing for minimum lot sizes in developed areas consistent with the established development patterns while providing greater flexibility for clustering lots and mixing housing types in newly developed areas. 2. Providing for a variety of compatible housing types, including single and multi- household dwellings to serve the varying needs of the community's residents. 3. Allowing office use as a secondary use, measured by percentage of total building area. Use of this zone is appropriate for areas adjacent to mixed-use districts, commercial districts, and/or served by transit to accommodate a higher density of residents in close proximity to jobs and services.” The proposed amendment is associated with an annexation creating an incremental increase in the size of the City. As discussed in Section 6, Criterion A above, both the City’s and County’s growth policies expect this area to transition from rural to urban development. The unannexed areas adjacent to this property are agricultural or detached homes on an individual large lot in conformance with the Gallatin County AS zoning. The City Commission has adopted standards to control development impacts and support compatibility. The following excerpt from the BCP 2020, page 75 describes the City’s approach. “What combination of uses under what conditions can work well together? There is a wide range of possible answers for each community to consider. Some communities take a highly prescriptive worst-case view and try to restrain all possible points of perceived conflict. This tends to create a very homogenous community with little interest or scope for creativity. Bozeman takes a different approach. The worst case scenario is recognized as unlikely, but possible. Development standards deal with the majority of cases, while restraining extraordinary problems. The City creates standards under items 1 through 3; when one district is adjacent to another and is consistent with the growth policy, any physical conflicts will be minimal, if present at all. The City’s zoning policy encourages continued development of mixed uses. … The City uses the broad scope of its development standards to enable differing uses to be successful near each other. This shows on the zoning map where districts providing a wide diversity of uses are intermixed.” This proposal amends the zoning map and not the text. Therefore, no element of this amendment modifies the standards of any zoning district. The character of the districts as created by those standards remains intact. 336 Staff Report for the Gran Cielo II Annexation and ZMA, Application 22090 Page 36 of 46 As noted above, the City Commission has latitude in considering the geographical extents of a zoning district. Application of any municipal zoning district to the subject property will alter the existing agricultural character of the subject property. It is not expected that zoning freeze the character of an area in perpetuity. Rather, it provides a structured method to consider changes to the character. The BCP 2020 includes several objectives applicable to this criteria. These are: N-1.11 Enable a gradual and predictable increase in density in developed areas over time. N-1.2 Increase required minimum densities in residential districts. N-3.5 Strongly discourage private covenants that restrict housing diversity or are contrary to City land development policies or climate action plan goals. Application of any municipal zoning district to the subject property and subsequent development will alter the existing character of the subject property; which is fallow historic agricultural land within a rapidly developing area of the City. Likewise, development under any municipal zoning district will be visually different from adjacent unannexed property. This is true even if both are used for similar types of housing due to the differences between municipal and county zoning. Zoning doesn’t freeze the character of an area in perpetuity. Rather, it provides a structured method to consider changes to the character. The BCP 2020 notes, “…when considering an amendment to the zoning map both the actual and possible built environment are evaluated. If the amendment is accompanying an annexation request there is often a substantial change in use that will occur. In this case, the Commission must look at what the growth policy recommends for the area, as there is less built context to provide guidance.” Staff concludes that although the R-4 is different than some surrounding zoning, it is compatible urban growth as called for in the growth policy. See also discussion for Section 6, Criteria A & H. H. Character of the district. Criterion Met. Section 76-2-302, MCA says “…legislative body may divide the municipality into districts of the number, shape, and area as are considered best suited to carry out the purposes [promoting health, safety, morals, or the general welfare of the community] of this part.” Emphasis added. This proposal amends the zoning map and not the text. Therefore, no element of this amendment modifies the standards of any zoning district. The character of the districts as created by those standards remains unaltered. Even though the criterion is most applicable to text amendments it still must be applied to consideration of zoning map amendments. The requested zoning meets the requirements of this criterion because, although different, it is 337 Staff Report for the Gran Cielo II Annexation and ZMA, Application 22090 Page 37 of 46 compatible with surrounding zoning, existing roads and a park will provide a buffer between future development on this parcel and existing residential and agricultural uses, and promotes urban growth as called for in the BCP 2020. The proposed amendment only applies to the Applicant’s property and does not change what is or is not allowed on adjacent property. As noted above, the City Commission has discretion within the limits of the State established criteria in considering the location and geographical extents of a zoning district. Implementation of zoning must also be in accordance with the adopted growth policy. As noted in Section 6, Criterion A, the City policy calls for a diverse and densifying land use pattern. See discussion in Section 6, Criterion A. The BCP 2020 includes several objectives applicable to this criteria. These are: N-1.11 Enable a gradual and predictable increase in density in developed areas over time. N-1.2 Increase required minimum densities in residential districts. N-3.5 Strongly discourage private covenants that restrict housing diversity or are contrary to City land development policies or climate action plan goals. Application of any municipal zoning district to the subject property and subsequent development will alter the existing character of the subject property; which is a rural. Likewise, development under any municipal zoning district will be visually different from adjacent unannexed property. This is true even if both are used for similar types of housing due to the differences between municipal and county zoning. Similarly, development will likely be different from other annexed properties. For example, properties to the east are zoned R-3 but are largely developed as detached single-household neighborhoods, well below permitted densities. Zoning doesn’t freeze the character of an area in perpetuity. Rather, it provides a structured method to consider changes to the character. The BCP 2020 notes, “…when considering an amendment to the zoning map both the actual and possible built environment are evaluated. If the amendment is accompanying an annexation request there is often a substantial change in use that will occur. In this case, the Commission must look at what the growth policy recommends for the area, as there is less built context to provide guidance.” See Section 6, Criterion A above for discussion about the application and growth policy and anticipated change to the character of the area. 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; 338 Staff Report for the Gran Cielo II Annexation and ZMA, Application 22090 Page 38 of 46 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.” As noted above, the City Commission has latitude in considering the geographical extents of a zoning district. To date, the City of Bozeman has not defined a specific area outside of the area itself to be rezoned for consideration of this criterion. A review of the existing uses within a quarter mile radius of the amendment site shows three zoning districts. First is R-4, the same as what is being proposed which allows a variety of housing types in close proximity. Second, R-3, is a municipal district and allows a wide variety of housing types including detached homes, townhomes, and other forms of attached homes, as well as various institutional and light commercial uses. Finally, A-S, is a county zoning district focused on low density residential and preservation of agricultural operation until it transitions to urban development. See discussion under Section 6, Criterion A above. Active uses within a quarter mile include parks, detached individual homes, and agricultural fields. This is a small selection of the potential uses allowed in the existing zoning districts. Single homes and townhomes are beginning construction in the nearby Gran Cielo subdivision. The Buffalo Run development to the south is finalizing their development patterns. About half the area within a quarter mile is undeveloped and remains as fields. In the developed areas, zoned as R-3 and R-4 as detached single household residences are the most commonly constructed structures. Page 77 of the BCP 2020 describing review of zoning map amendments states “When evaluating compliance with criteria, it is appropriate to consider all the options allowed by the requested district and not only what the present applicant describes as their intensions.” When evaluating compatibility between zoning districts, Staff considers the full range of allowable uses, not only what is built now or proposed by a specific project. The maps in Section 1, all of the municipally zoned areas west of 19th are in the upper range of zoning district intensity. This is consistent with the City’s previous and current growth policy and infrastructure planning. The character of the larger area is in the process of changing with multiple large and intense developments now under construction or in review. This is illustrated by this excerpt from the Community Development Viewer. All colored or striped shaded areas are in some stage of review and development. This application is the solid green shaded rectangle in the lower left of the image in a red box. 339 Staff Report for the Gran Cielo II Annexation and ZMA, Application 22090 Page 39 of 46 Less than half of the area adjacent to the site is agricultural and has already transitioned from rural to urban, as described in Section 6, Criterion A. Therefore, the character is not fully defined, and is suitable to add additional uses. The City, as shown by an examination of the zoning map and authorized uses in all zoning districts, strives to encourage a diverse development pattern and avoid large areas of single use development. This is further supported by the statement in the description of the Urban Neighborhood future land use category, “Large areas of any single type of housing are discouraged.” No size is specified for what is a large area. Therefore, when considering the character of an area it is expected that there will be diversity of development types. This diversity is also shown on the zoning maps in Section 1. Development within the City is more land efficient than rural or suburban development in unannexed areas. Urban intensity development whether more intensive apartment style development or more typical medium density residential is much more land efficient than rural/suburban development. Suburban development consumes 135 times the amount of land and the rural consumes 594 times the amount of land per home than urban development. Development within the City also provides for a wide range of housing types to meet a wide range of housing needs. Development within the City lessens likelihood of conversion of agricultural and open spaces to other uses but does convert uses on some land with annexation. The City expects urban development within the municipal boundary. 340 Staff Report for the Gran Cielo II Annexation and ZMA, Application 22090 Page 40 of 46 Table 4 of the BCP 2020, see Section 6, Criterion A above, identifies the implementing zoning districts of the Urban Neighborhood future land use category. That category allows for zoning districts that authorize a wide range of possible future development. There are no zoning districts which are limited to only one type of development. All zoning districts implementing the Urban Neighborhood category provide for a range of housing types, institutions, and commercial activities. The expansiveness and intensity allowed varies between districts. As noted in this report, the BCP 2020 calls for evaluation of the entire range of uses in zoning districts when evaluating criteria for zoning amendments. The R-4 zoning district and the adjacent R-3 and R-4 zoning districts are residential in nature and are more similar than different in uses and standards. Development in R-4 that is more intensive than that allowed in the R-3 district, such as an apartment building, is subject to the standards of Article 38.5. Article 38.5 imposes a variety of standards on site and building design. However, a recent text amendment allows “limited apartments” in the R-3 district. Limited apartments are structures that host up to eight dwellings units. The present development zoned R-3 near the subject property is developed at the low end of the allowed intensity for the R-3 zoning district. Evaluation of this situation is guided by the growth policy. On page 76 of the BCP 2020 under discussion of application of this zoning criteria is says: “Second, when considering an amendment to the zoning map both the actual and possible built environment are evaluated. If the amendment is accompanying an annexation request there is often a substantial change in use that will occur. In this case, the Commission must look at what the growth policy recommends for the area, as there is less built context to provide guidance.” 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 R-4 to be compatible with adjacent development and uphold the residential character in an area where R-4 is applied even if the intensity between districts is different. The following excerpt from the BCP 2020, page 75 describes the City’s adopted approach. “What combination of uses under what conditions can work well together? There is a wide range of possible answers for each community to consider. Some communities take a highly prescriptive worst-case view and try to restrain all possible points of perceived conflict. This tends to create a very homogenous community with little interest or scope for creativity. Bozeman takes a different approach. The worst case scenario is recognized as unlikely, but possible. Development standards deal with the majority of cases, while restraining extraordinary problems. The City creates standards under items 1 through 3; when one district is adjacent to another and is consistent with the growth policy, any physical conflicts will be 341 Staff Report for the Gran Cielo II Annexation and ZMA, Application 22090 Page 41 of 46 minimal, if present at all. The City’s zoning policy encourages continued development of mixed uses. … The City uses the broad scope of its development standards to enable differing uses to be successful near each other. This shows on the zoning map where districts providing a wide diversity of uses are intermixed.” The standards adopted by the City prevent physically dangerous spillover effects. An example is the capture, treatment and discharge controls from additional storm water runoff as additional impervious surfaces are built. Required setbacks from property lines, landscaping requirements, and similar site and building standards address character and compatibility. These and other standards carry out the intent and purpose of the City’s land development standards in Chapter 38 of the municipal code. Sec. 38.100.040. - Intent and purpose of chapter. A. The intent of this unified development chapter is to protect the public health, safety and general welfare; to recognize and balance the various rights and responsibilities relating to land ownership, use, and development identified in the United States and State of Montana constitutions, and statutory and common law; to implement the city's adopted growth policy; and to meet the requirements of state law. Zoning does not prohibit change but provides a structure within which change can occur. Such changes include modifications to both the text and zoning map. Such amendments are authorized in the zoning enabling act for municipalities. Landowners have both property rights and responsibilities. The City has adopted development standards to ensure that responsibilities are met while landowners exercise their property rights. The City has not chosen, and is not required, to adopt standards for all issues. For example, standards have not been adopted regarding preservation of view sheds or extra separation of buildings from unannexed property. Finally, Theme 7 of the BCP 2020 includes this statement: “RC-3.2 Work with Gallatin County to keep rural areas rural and maintain a clear edge to urban development that evolves as the City expands outwards.” This objective describes the situation now under review. The City is expanding outwards by annexation. Gallatin County has identified this area as a growth area in its land use planning documents. There will be a distinct edge between the AS and R-5 zoning districts with different intensity of residential uses. Staff concludes that although the R-4 is different than the surrounding zoning it is compatible and is urban growth as called for in the growth policy. See also discussion for Section 6, Criteria A, G, and F. I. Peculiar suitability for particular uses. Neutral. The proposed amendment does not modify the existing standards of the R-4 district. Therefore the impact of the amendment is limited to this application site. The property is generally flat. A watercourses cross the property from north to south. Groundwater in the area 342 Staff Report for the Gran Cielo II Annexation and ZMA, Application 22090 Page 42 of 46 is shallow and potentially at hazard from onsite sewage treatment. The property is within the City’s planning area for land use and utility extensions. There is frontage on Fowler Lane, an arterial street, Graff Street and South 27th Avenue, which are collector streets. Municipal utilities and emergency services can be extended to the area. The site is capable of supporting a more intensive district in the range of zoning districts. These features are not unusual for properties adjacent to the City. The described features support annexation and development within the City. There are not sufficient distinctive characteristics of the property to make a positive or negative findings for this criteria specific to an individual zoning district. J. Conserving the value of buildings. Neutral. The proposed amendment does not modify the existing standards of the R-4 district. R-4 zoning is residential in nature and allows a variety of housing types as long as the minimum density of 8 DU per acre is achieved. The immediate Future land Use and zoning surrounding the property is residential in nature. Future development is not known at this juncture and will emerge with future development applications. The permitted uses must conform to the adopted zoning. A minimum of a 90 feet of right-of-way separate this property from any adjacent property that will act as a buffer to the existing developments. The location of amenities that may increase the value of buildings such as parks, open space, trails, and value added assets is undermined. Any new structures at the site will be required to meet setback and other protective requirements set forth in the Bozeman Municipal Code. Compliance will alleviate potential negative impacts to the value of surrounding buildings and properties. As described in earlier criteria, the proposed zoning is compatible with existing buildings on adjacent properties and does not create any new situations not in compliance with municipal code. K. Encourage the most appropriate use of land throughout the jurisdictional area. Criterion Met. The proposed R-4 zoning designation will encourage the most appropriate use of land as the property is adjacent to both residential and commercial uses. There is access to the city’s services, including streets, thus is able to support a higher intensity of uses as allowed within the R-4 zoning district. Furthermore, the proposed R-4 zoning designation is generally consistent with the BCP 2020 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 343 Staff Report for the Gran Cielo II Annexation and ZMA, Application 22090 Page 43 of 46 BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION. The City will accept written protests from property owners against the proposal described in this report until the close of the public hearing before the City Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property within the area affected by the proposal or by owner(s) of real property that lie within 150 feet of an area affected by the proposal. The protest must be in writing and must be signed by all owners of the real property. In addition, a sufficient protest must: (i) contain a description of the action protested sufficient to identify the action against which the protest is lodged; and (ii) contain a statement of the protestor's qualifications (including listing all owners of the property and the physical address), to protest the action against which the protest is lodged, including ownership of property affected by the action. Signers are encouraged to print their names after their signatures. A person may in writing withdraw a previously filed protest at any time prior to final action by the City Commission. Protests must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230. APPENDIX A - NOTICING AND PUBLIC COMMENT Notice was published in the Bozeman Daily Chronicle on March 1 and 5, 2023. The notice was posted on site and notices mailed by the applicant as required by 38.220 and the required confirmation provided to the Planning Office. Notice was provided at least 15 and not more than 45 days prior to any public hearing. Public comment has been received on this application and can be viewed at the following link. https://weblink.bozeman.net/WebLink/Browse.aspx?id=273672&dbid=0&repo=BOZEMAN APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING Adopted Growth Policy Designation: The property is designated as “Urban Neighborhood” in the Bozeman Community Plan 2020. “This category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single type of housing are discouraged. In limited instances, an area may develop at a lower gross density due to site constraints and/or natural features such as floodplains or steep slopes. Complementary uses such as parks, home-based occupations, fire stations, churches, schools, and some neighborhood-serving commerce provide activity centers for community gathering and services. The Urban Neighborhood designation indicates that development is expected to occur within municipal boundaries. This may require annexation prior to development. 344 Staff Report for the Gran Cielo II Annexation and ZMA, Application 22090 Page 44 of 46 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-4, Residential High Density District whose intent is to: Residential high density district (R-4). The intent of the R-4 residential high density district is to provide for high-density residential development through a variety of housing types within the city with associated service functions. This purpose is accomplished by: 1. Providing for minimum lot sizes in developed areas consistent with the established development patterns while providing greater flexibility for clustering lots and mixing housing types in newly developed areas. 2. Providing for a variety of compatible housing types, including single and multi- household dwellings to serve the varying needs of the community's residents. 3. Allowing office use as a secondary use, measured by percentage of total building area. Use of this zone is appropriate for areas adjacent to mixed-use districts, commercial districts, and/or served by transit to accommodate a higher density of residents in close proximity to jobs and services. 345 Staff Report for the Gran Cielo II Annexation and ZMA, Application 22090 Page 45 of 46 346 Staff Report for the Gran Cielo II Annexation and ZMA, Application 22090 Page 46 of 46 APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF Owner: Bozeman Haus Two, LLC, 15267 SE Rivershore Drive, Vancouver, WA 98683 Applicant: Madison Engineering, 895 Technology Drive, #203, Bozeman, MT 59718 Representative: Madison Engineering, 895 Technology Blvd., Suite 203, Bozeman, MT 59718 Report By: Tom Rogers, Senior Planner, Community Development Department FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Annexation or Zone Map Amendment. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. 347 Memorandum REPORT TO:City Commission FROM:Mike Maas, City Clerk Kira Peters, Assistant City Manager Jeff Mihelich, City Manager SUBJECT:Appointment to the Police Commission MEETING DATE:May 2, 2023 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:I move to appoint one member with a term expiring April 30, 2026 to the Police Commission. STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders. BACKGROUND:The Police Commission currently has one position with an expired term as of April 30, 2023. We have received one application. The Police Commission is created under Section 7-32-4151, Montana Code Annotated. The three-member board is appointed by the City Manager, with the concurrence of the City Commission, and is comprised of those who are “residents of such city or town who shall have the qualifications required by law to hold a municipal office therein." Members are appointed to staggered three-year terms. Under Section 7-32- 4152, M.C.A., one member must be appointed annually at the first regular meeting of the City Commission in May. Section 7-32-4154, MCA describes the role of police commission in examination of applicants for police force; and, Section 7-32-4155, MCA describes the role of police commission in hearing and deciding appeals brought by police officers. The Police Commission conducts hearings and decides on appeals brought by any member of the Police Department who has been disciplined, suspended, removed, or discharged. This board currently has one available position. The City Clerk’s Office has received one qualifying application, with their relevant qualifications indicated below. 348 1. One position with a term ending April 30, 2026 | Qualifies B. Corriea Applicant: Beth Corriea There is no City Commission Liaison for this board. Police Commission appointments are City Manager appointments with the concurrence of the City Commission. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None. Attachments: Beth Corriea.pdf Report compiled on: April 21, 2023 349 From:City of Bozeman, MT To:Agenda Subject:*NEW SUBMISSION* Citizen Advisory Board Application Date:Wednesday, April 12, 2023 10:42:08 AM 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. Citizen Advisory Board Application Submission #:2361236 IP Address:174.45.87.0 Submission Date:04/12/2023 10:41 Survey Time:14 minutes, 24 seconds You have a new online form submission. Note: all answers displaying "*****" are marked as sensitive and must be viewed after your login. Read-Only Content Applicant Information Full Name Beth Corriea Residential Address 5464 Glenkirk Drive Bozeman, MT 59718 Primary Phone 3108690385 Additional Phone 4064041699 Current Occupation Attorney Employer Think Legal360, P.C. Email beth@thinklegal360.com Which position are you applying for? Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 350 Less than 1 year Have you ever served on a City or County Board or Commission? No Where, how long, and what Board? Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. I am interested in the Police Commission. I have spent most of my professional career working with Law Enforcement, including the Los Angeles Police Department and New York Police Department. In addition to defending LAPD, I was also their Risk Manager. I was also a Senior Advisor to Police Commissioner William Bratton at NYPD. The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. My legal practice has focused on employment law and civil rights. DEI is an integral part of this work. As such, I stay abreast on laws, training and research. References Read-Only Content Reference #1 Full Name William Bratton Phone 9178582405 Email Bill.Bratton@brattonmail.com Section Break Reference #2 Full Name Joseph Reznick Phone 3473866784 Email chiefjjr1@gmail.com The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? Email notification from the City Is there any other information that you feel we need to know? While working at LAPD as the Risk Manager, I was a direct report to the Chief of Police and created the Department's proactive risk management program, which focused on reducing liability in five high-risk areas: use of force, employment litigation, traffic collisions, workers' compensation claims, and FLSA litigation. I accomplished significant reductions in a 2 year period. I was then asked to assist NYPD in creating a similar program. I served as a consultant and senior advisor for 3 years Read-Only Content Thank you, 351 City Of Bozeman This is an automated message generated by Granicus. Please do not reply directly to this email. 352