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Home My WebLink About08-01-23 City Commission Meeting Agenda and Packet MaterialsA.Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse This meeting will be held both in-person and also using an online video conferencing system. You can join this meeting: Via Video Conference: 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 +1 669 900 9128 Access code: 933 7244 1920 B.Pledge of Allegiance and a Moment of Silence C.Changes to the Agenda D.Authorize Absence D.1 Authorize the Absence of Commissioner Pomeroy(Maas) E.FYI F.Commission Disclosures G.Approval of Minutes G.1 Approve the Regular Meeting Minutes from: February 28, 2023 July 18, 2023 (Maas) H.Consent THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, August 1, 2023 How to Participate: If you are interested in commenting in writing on items on the agenda please send an email to agenda@bozeman.net or visit the Public Comment Page prior to 12:00 p.m. on the day of the meeting. Public comments will also be accepted in-person and through video conference during the appropriate agenda items but you may only comment once per item. As always, the meeting will be recorded and streamed through the Commission's video page and available in the City on cable channel 190. For more information please contact the City Clerks' Office at 406.582.2320. 1 H.1 Accounts Payable Claims Review and Approval (Armstrong) H.2 Authorize the City Manager to Sign a Renewal with DocuSign for Electronic Signature Software(Maas) H.3 Authorize the City Manager to sign an Amended and Restated First Amendment to Declaration of Covenants, Conditions, and Restrictions of PT Land Subdivision(Rischke) H.4 Authorize the City Manager to sign a First Amendment to the Professional Services Agreement with Walker Consultants for a Term Contract for Parking Services Consulting(Veselik) H.5 Authorize the City Manager to sign Task Order #5 with Walker Consultants for the City of Bozeman Strategic Parking Management Plan(Veselik) H.6 Ordinance 2121, Final Adoption, 2103 Bridger Drive Zone Map Amendment Initially Establishing an R-2, Residential Moderate Density District, and the Accompanying Adjacent Right-of way on 0.54 acres in Association with Annexation of the Same, Resolution 5434, the 2103 Bridger Drive Annexation, Application 21147(Rogers) H.7 Ordinance 2144 Final Adoption Repealing 2.05.1810 Bozeman Municipal Code (North Park Urban Renewal Board); Repealing 2.05.1830 Bozeman Municipal Code (Bozeman Midtown Urban Renewal Board); Repealing 2.05.1840 Bozeman Municipal Code (Northeast Urban Renewal Board); Repealing 2.05.1850 Bozeman Municipal Code (South Bozeman Technology District Board); and Repealing Sec. 2.05.1860 Bozeman Municipal Code (Pole Yard Urban Renewal Board)(Fine) H.8 Ordinance 2145, Final Adoption Amending an Urban Renewal Plan for the Bozeman, Midtown Urban Renewal District(Fine) H.9 Ordinance 2146, Final Adoption Amending an Urban Renewal Plan for Portions of Northeast Bozeman(Fine) I.Consent II: Items Acted Upon Without Prior Unanimous Approval I.1 Ordinance 2132, Final Adoption of Alcoholic Beverages and Sales Text Amendment, Application 23064(Saunders) J.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. K.Action Items 2 K.1 The South Range Crossing Major Subdivision Preliminary Plat, Application 22390 (Quasi- Judicial)(Montana) K.2 Ordinance 2143 Provisional Adoption, Amending Chapter 10 Buildings and Building Regulations, Article 2 Technical Codes, Section 20 Building Division Fees and Permits(Bentley) L.Work Session L.1 Gallatin Valley Sensitive Lands Protection Plan Model Results and Preliminary Tools Work Session(Henderson) M.FYI / Discussion N.Adjournment City Commission meetings are open to all members of the public. If you have a disability and require assistance, please contact the City for ADA coordination, 406.582.2306 (TDD 406.582.2301). Commission meetings are televised live on cable channel 190 and streamed live on our Meeting Videos Page. 3 Memorandum REPORT TO:City Commission FROM:Alex Newby, Deputy City Clerk Mike Maas, City Clerk Kira Peters, Assistant City Manager Jeff Mihelich, City Manager SUBJECT:Authorize the Absence of Commissioner Pomeroy MEETING DATE:August 1, 2023 AGENDA ITEM TYPE:Administration RECOMMENDATION:Authorize the Absence of Commissioner Pomeroy STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:Commissioner Pomeroy notified City Manager Mihelich and Mayor Andrus of her anticipated absence. UNRESOLVED ISSUES:None ALTERNATIVES:None FISCAL EFFECTS:None Report compiled on: July 6, 2023 4 Memorandum REPORT TO:City Commission FROM:Alex Newby, Deputy City Clerk Mike Maas, City Clerk Kira Peters, Assistant City Manager Jeff Mihelich, City Manager SUBJECT:Approve the Regular Meeting Minutes from: February 28, 2023 July 18, 2023 MEETING DATE:August 1, 2023 AGENDA ITEM TYPE:Minutes RECOMMENDATION:I move to approve the combined City Commission minutes as submitted. STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:In 2013, The Clerk’s Office identified goals related to the Commission’s priority of Improving Technology Utilization and Proficiency. Improvements included: • Live streaming broadcast of the City Commission Meeting • Meeting efficiency • Better access of meeting information for staff and the public • Time savings • Streamlined approach to citizen involvement and public comment In addition to the City Commission, many Citizen Advisory Boards utilize the system as well. Beginning January 5, 2021 meetings in the Granicus platform have been closed captioned. Those captions are searchable using the advanced search option on our video view page. Users are always welcome to contact the City Clerk’s Office at 582-2320 or email agenda@bozeman.net for assistance. UNRESOLVED ISSUES:None ALTERNATIVES:As determined by the Commission. FISCAL EFFECTS:None Attachments: 5 02-28-23 City Commission Meeting Minutes.pdf 07-18-23 City Commission Meeting Minutes.pdf Report compiled on: July 19, 2023 6 Bozeman City Commission Meeting Minutes, February 28, 2023 Page 1 of 10 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES February 28, 2023 Present: Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Jennifer Madgic, Christopher Coburn Absent: None Excused: None Staff Present at the Dais: City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, City Clerk (CC) Mike Maas A) 00:04:48 Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B) 00:05:48 Pledge of Allegiance and a Moment of Silence C) 00:06:28 Changes to the Agenda CM Mihelich identified that Consent Item F.2 will be removed from the agenda. D) 00:06:54 FYI E) 00:07:02 Commission Disclosures DM Cunningham disclosed that his wife serves on the Library Foundation Board. F) 00:07:33 Consent F.1 Accounts Payable Claims Review and Approval F.2 Approve the Final Plat for the Blackwood Groves Phase 2 Major Subdivision, App 22242 22242 BWG Ph 2 FP Commission Memo.pdf 001 Final Plat Map_Sheet 1_Certificates.pdf 002 Final Plat Map_Sheet 2_Overall.pdf 003 Final Plat Map_Sheet 3_Phase 2 Detailed.pdf 004 Final Plat Map_Sheet 4_Conditions of Approval and Notes.pdf F.3 Approve and Authorize the Mayor to Sign a Finding of Fact and Order Staff Report for the Saccoccia Minor Subsequent Subdivision Preliminary Plat, Application 21430 21430 Saccoccia PP FOF CC staff rpt.docx 7 Bozeman City Commission Meeting Minutes, February 28, 2023 Page 2 of 10 F.4 Authorize the City Manager to Sign a Notice of Award to Landfill Drilling and Piping, Inc. for Construction of the 2023 LFG and Leachate/Condensate System Improvements Project Bid Sheet - 2023 LFG Leachate Condensate System Improvements Notice of Award F.5 Authorize the City Manager to Sign a Letter of Agreement Accepting a Donation in the Amount of $1,000,000 from the Bozeman Public Library Foundation for the Second Installment for Construction Services for the Bozeman Public Library Renovation Project Bozeman Public Library Expansion Project - Second Installment for Construction Services - Letter of Agreement.pdf F.6 Authorize the City Manager to Sign a Letter of Agreement Accepting a Donation in the Amount of $56,250 from the Bozeman Public Library Foundation for Public Engagement and Concept Design Services for the Bozeman Community Center Project Bozeman Community Center Project - Public Engagement and Concept Design Services - Letter of Agreement.pdf F.7 Authorize the City Manager and Chief of Police to Sign a Memorandum of Understanding with the Missouri River Drug Task Force for Fiscal Years 2024 and 2025 Memorandum Of Understanding with the Missouri River Drug Task Force for Fiscal Years 2024 and 2025.pdf F.8 Authorize the City Manager to Sign a Construction Agreement with Western Systems to Install a Transportation Management Center, Communication Network, and Signal Switches at the City Shops Western Systems Traffic Management Center Contract rev.1 Exhibit A Notice of Award F.9 Authorize the City Manager to Sign a Lease-Purchase Agreement with Lease Servicing Center, Inc dba NCL Government Capital for a 2022 Elgin Broom Bear Sweeper Lease Agreement and Exhibits F.10 Authorize the City Manager to Sign a Professional Services Agreement with Green Gardens Group LLC for a Bozeman Watershed Wise Landscape Webinar Series Professional Services Agreement_G3_Water Wise Landscape Webinar Series 2023 FINAL.pdf Attachment A_G3_Scope of Services 2023 FINALdocx.pdf F.11 Authorize the City Manager to Sign a Professional Services Agreement for ESRI Professional Services to Provide Consulting Services for ArcGIS Enterprise Migration and Upgrade Support Montana_Esri Purchasing Agreement.pdf Scope of Work_ArcGIS Enterprise Migration and Upgrade Support.pdf Task Order_ArcGIS EnterpriseMigrationandUpgradeSupport.pdf F.12 Authorize the City Manager to Sign a Professional Services Agreement with Sanderson Stewart for the Transportation Engineering Term Contract 20230228_PSA Engineering Term Contract.pdf F.13 Authorize the City Manager to Sign a First Amendment to a Professional Services Agreement with Aero-Graphics, Inc. PSA Amendment_Digital Ortho-imagery Acquisition_Sidewalks.pdf Exhibit A-BozemanSidewalkLayerProposal2.pdf AeroGraphics, Inc 2023_Bozeman_Prop2_AGI.pdf 8 Bozeman City Commission Meeting Minutes, February 28, 2023 Page 3 of 10 F.14 Authorize the City Manager to Sign a Second Amendment to the Professional Services Agreement with Advantage Spraying Services, Inc. for Landscape Maintenance Services in the Parks and Trails District Attachment A PSA Amendment 2 Advantage Spraying Services, Inc..pdf Attachment B PSA Advantage Spraying Services, Inc..pdf F.15 Authorize the City Manager to Sign a Task Order 6 with Economic and Planning Systems, Inc. (EPS) for an Economic Vitality Strategy (EVS) Update to Include Arts and Culture and to Highlight Sustainability and Climate Action in the 2022-2023 EVS CC Memo - Task Order 6 - EPS - EVS Update BF FINAL 2.13.23.docx Task Order 6 - EPS - EVS Update FINAL BF 2.13.23.docx Task Order 6 Budget EDS Revisions to EVS FINAL BF 02-13-2023.xlsx 21- EPS - Economic Development Strategy 2021 Term Contract.pdf Bozeman Economic Vitality Strategy 10.17.22 Final Complete.pdf F.16 Ordinance 2130, Provisional Adoption, South 40 Zone Map Amendment to rezone a parcel from R-2 (Residential Moderate Density) and R-1 (Residential Low Density) to REMU (Residential Emphasis Mixed Use) on 41.38 Acres, Application 22279, a Property Located at the Southeast Corner of South 19th Avenue and West Graf Street 22279 South 40 ZMA Ordinance 2130.pdf 5659011-ZONE- Map 080422.pdf 00:07:40 City Manager Introduction CM Mihelich provided the highlights of the Consent Agenda. 00:08:45 Public Comments There were no comments on the Consent agenda. 00:09:17 Motion to approve Consent Items 1, and 3-16 as submitted. Jennifer Madgic: Motion Christopher Coburn: 2nd 00:09:31 Vote on the Motion to approve Consent Items 1, and 3-16 as submitted. The Motion carried 5 - 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None G) 00:09:41 Public Comment There were no general public comments. H) 00:10:35 Action Items 9 Bozeman City Commission Meeting Minutes, February 28, 2023 Page 4 of 10 H.1 00:10:39 West Park Neighborhood Preliminary Plat Application, to Subdivide Four Restricted Development Lots Platted with Norton East Ranch Phase 6 into Four Restricted Development Lots with Associated Stormwater, Open Space, City Park, Easements, and Right-of-way, Located Northeast of the Corner of Laurel Parkway and West Babcock Street, Application 22178 (Quasi-Judicial) 22178 City Commission Staff Report.pdf 00:10:48 Staff Presentation Associate Planner Nakeisha Lyon presented the application, entered the staff report, findings, attachments, and public comments; presented the subdivision application, the location, the elements of the proposed preliminary plat, details of the variances requested, the proposed phasing of the development, the criteria of approval, the noticing comments, a summary of the public comments, and the recommendations. 00:24:43 Questions of Staff 00:40:29 Applicant Presentation Greg Stratton, Killday and Stratton, representing the applicant, introduced the development team. Mr. Stratton presented a history of these parcels, and the design approach, the process of site plan for each of the four lots. Mr. Stratton responded to City Commission questions to staff, specifically related to the wetlands around Baxter Creek corridor, block length along of West Babcock, the process of site plan review or subdivision review in the event of changing to single family housing, the parking access question for the parkland in the southeast portion of the development. Tyler Steinway, Intrinsik Architecture, identified the necessary name change, presented the location, the phase 5 of Norton Ranch, current site images, parks and open space proximity, the site analysis, and highlighted Community Plan Goals & Objectives. 00:50:08 Questions of Applicant 00:53:22 Public Comment There were no comments on this item. 00:53:58 Motion to approve Variance 1 - Cascade Street Christopher Coburn: Motion I-Ho Pomeroy: 2nd 00:54:28 Discussion 00:56:11 Vote on the Motion to approve Variance 1 - Cascade Street The Motion carried 5 - 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn 10 Bozeman City Commission Meeting Minutes, February 28, 2023 Page 5 of 10 Disapprove: None 00:56:23 Motion to approve Variance 2 - Cascade Street Christopher Coburn: Motion I-Ho Pomeroy: 2nd 00:56:48 Discussion 00:58:21 Vote on the Motion to approve Variance 2 - Cascade Street The Motion carried 5 - 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 00:58:31 Motion to approve Variance 3 - Water Lily Drive Christopher Coburn: Motion I-Ho Pomeroy: 2nd 00:59:01 Discussion 01:01:06 Vote on the Motion to approve Variance 3 - Water Lily Drive The Motion carried 5 - 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 01:01:14 Motion to approve Variance 4 - block length Christopher Coburn: Motion I-Ho Pomeroy: 2nd 01:01:38 Discussion 11 Bozeman City Commission Meeting Minutes, February 28, 2023 Page 6 of 10 01:03:49 Vote on the Motion to approve Variance 4 - block length The Motion carried 5 - 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 01:04:00 Motion to approve 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 22178 and move to approve the subdivision variance to BMC 38.400.010.A.1. with conditions and subject to all applicable code provisions. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 01:04:20 Discussion 01:09:27 Vote on the Motion to approve 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 22178 and move to approve the subdivision variance to BMC 38.400.010.A.1. with conditions and subject to all applicable code provisions. The Motion carried 5 - 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None H.2 01:09:37 Public Hearing and Decision for Preliminary Plat for the Urban Farm Phase 1 Major Subdivision, Application 22082 (Quasi-Judicial) 22082 Urban Farm Phase 1 PP Commission Staff Report Final.pdf 01:09:50 Staff Presentation Associate Planner Lyon presented on behalf of Lynn Hyde, entered the application, staff report, public comments, and applicable review material. She presented the vicinity of the subject property, the elements of the proposed preliminary plat, the noticing, that no public comments have been received, a summary of the review criteria, and the recommendations. 01:15:53 Questions of Staff 12 Bozeman City Commission Meeting Minutes, February 28, 2023 Page 7 of 10 01:22:45 Applicant Presentation Tom Berkley, Outlaw Real Estate Partners, introduced the team Jace Boddington, Brett Magaard, Hyalite Engineers, Jimmy Talarico, Cushing Terrell, and presented an overview of the application process and intent. Jimmy Talarico, Cushing Terrell, presented the application vicinity, overall site plan, phase 1 illustrative site plan, housing diversity, parks and open space, and anticipated schedule. 01:33:53 Questions of Applicant 01:44:46 Public Comments There were no comments on this item. 01:45:18 Motion to approve 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 22082 and move to approve the subdivision with conditions and subject to all applicable code provisions. I-Ho Pomeroy: Motion Terry Cunningham: 2nd 01:45:45 Discussion 01:52:19 Vote on the Motion to approve 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 22082 and move to approve the subdivision with conditions and subject to all applicable code provisions. The Motion carried 5 - 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None H.3 01:52:31 Resolution 5447, The MSU Innovation Campus Growth Policy Amendment to Amend the Bozeman Community Plan 2020 Future Land Use Map from Public Institutions to Regional Commercial and Services on Approximately 42 Acres Located Southwest of the Intersection of College Street and S. 23rd Avenue, Application 22282 22282 GPA Resolution of Adoption 5447.pdf 22282 Resolution 5447 Exhibit Map.pdf 22282 Innovation Campus GPA CC SR.pdf 01:52:49 Staff Presentation 13 Bozeman City Commission Meeting Minutes, February 28, 2023 Page 8 of 10 Community Development Manager Chris Saunders presented the application, the subject property location, the reason for the Growth Policy amendment, the criteria, and recommendations. 01:54:45 Questions of Staff 02:01:15 Applicant Presentation Rob Church, A&E Design on behalf of the property owner, presented the purpose of the amendment, and the requested designation. 02:05:31 Questions of Applicant 02:05:39 Public Comments There were no comments on this item. 02:06:20 Discussion 02:09:03 Motion to approve Having reviewed and considered the application materials, public comment, Community Development Board recommendation, and all the information presented, I hereby move to adopt the findings presented in the staff report and to approve Resolution 5447, the MSU Innovation Campus Growth Policy Amendment. Terry Cunningham: Motion Jennifer Madgic: 2nd 02:09:21 Vote on the Motion to approve Having reviewed and considered the application materials, public comment, Community Development Board recommendation, and all the information presented, I hereby move to adopt the findings presented in the staff report and to approve Resolution 5447, the MSU Innovation Campus Growth Policy Amendment. The Motion carried 5 - 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 02:09:35 Recess Mayor Andrus called the meeting into recess. 02:09:47 Call to Order Mayor Andrus called the meeting back to order. I) 02:09:52 Work Session 14 Bozeman City Commission Meeting Minutes, February 28, 2023 Page 9 of 10 I.1 02:09:57 UDC Project - Review and Advise Regarding the Update to the Unified Development Code, Chapter 38, Bozeman Municipal Code to Address Potential Changes to Standards Relating to Numbers of Parking Spaces, Application 21381 2-28-2023 Work Session cover memo.pdf 02:10:24 Presentation Colin Scarf, Code Studio, presented on nonresidential parking, presented three questions for Commission feedback; provided an overview of multimodal transportation options in the City; highlighted developments in the Midtown without parking requirements, asked if the no parking requirements could be expanded to the Urban Renewal Districts; presented the downtown minimum required parking and associated reductions, the 2019 Downtown Improvement Plan recommendations, impact of existing parking ratios for offices, the impact of parking on affordability, mechanical parking options; and, a citywide approach to parking using the B-2M consolidated table, the reductions and exemptions. 02:35:14 Questions 03:10:53 City Manager Summary 03:11:13 Additional Comment I.2 03:12:23 Kagy Revisited Work Session KagyRevisitedMemo.pdf Kagy Draft Traffic Report.pdf 03:12:44 Staff Presentation CM Mihelich presented the overview of the question of how to plan the best approach to Kagy Blvd. and the expectations of the process, the questions of the Commission. Transportation and Engineering Director Nicholas Ross presented the existing deficiencies, current project scope, project funding, project cost, projected demand, example of Bozeman traffic growth, quality of service, potential alternatives, and transportation equity. CM Mihelich provided a recap. 03:54:44 Meeting Extended Mayor Andrus extended the meeting until 10:15 p.m. 03:55:02 Questions of Staff 04:11:29 Meeting Extended Mayor Andrus extended the meeting until 10:30 p.m. 04:11:32 Questions continued 04:17:41 Public Comments There were no comments on this item. 04:18:14 Discussion 15 Bozeman City Commission Meeting Minutes, February 28, 2023 Page 10 of 10 04:25:52 Meeting Extended Mayor Andrus extended the meeting to 10:45 p.m. 04:27:09 Discussion continued J) 04:32:13 Appointments J.1 04:32:26 Appointment of the Gallatin County Designee to the Community Development Advisory Board Ben Lloyd designation letter.pdf 04:32:32 Public Comment There were no comments on this item. K) 04:33:22 FYI / Discussion L) 04:33:28 Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: August 1, 2023 16 Bozeman City Commission Meeting Minutes, July 18, 2023 Page 1 of 9 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES July 18, 2023 Present: Cyndy Andrus, Terry Cunningham, Jennifer Madgic, Christopher Coburn Absent: None Excused: I-Ho Pomeroy Staff Present at the Dias: City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, City Clerk (CC) Mike Maas, Deputy City Clerk (DCC) Alex Newby A) 00:03:57 Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B) 00:05:06 Pledge of Allegiance and a Moment of Silence C) 00:05:42 Changes to the Agenda D) Authorize Absence D.1 00:05:49 Authorize the Absence of Commissioner Pomeroy 00:05:52 Motion to authorize the Absence of Commissioner Pomeroy. Jennifer Madgic: Motion Christopher Coburn: 2nd 00:06:00 Vote on the Motion to authorize the Absence of Commissioner Pomeroy. The Motion carried 4 - 0. Approve: Cyndy Andrus Terry Cunningham Jennifer Madgic Christopher Coburn Disapprove: None 17 Bozeman City Commission Meeting Minutes, July 18, 2023 Page 2 of 9 E) 00:06:41 FYI CM Mihelich issued a reminder about Dept. of Revenue listening session about property assessments at Bozeman Public Safety Center on Thursday, July 20th from 5 pm to 9 pm. CM Mihelich announced five officers from Bozeman PD who received medals of valor from the Montana Police Protective Association. CM Mihelich announced partnership between Eagle Mount and City of Bozeman for a new inclusive summer camp for children. F) 00:09:55 Commission Disclosures DM Cunningham disclosed a personal connection to the Bozeman Public Library Foundation. G) 00:10:34 Consent G.1 Accounts Payable Claims Review and Approval G.2 Authorize the City Manager to Sign a Contract for Aerial Imagery Leaf-on Flight and Land Cover Data Acquisition Attachment 1 - PSA_Ayres.pdf Attachment 2_SOW_AyresCOST_Bozeman MT Land Cover Dataset and Turf Layer_0629.pdf Attachment 3_Bozeman Land Cover Dataset RFP_FY24.pdf Exhibit A_Ayres_Bozeman MT Land Cover Dataset and Turf Layer.pdf 00:10:41 City Manager Introduction CM Mihelich provided highlights of the consent agenda. 00:11:29 Public Comment There were no public comments on the Consent Agenda. 00:11:58 Motion to approve Consent Items 1 - 2 as submitted. Christopher Coburn: Motion Terry Cunningham: 2nd 00:12:09 Vote on the Motion to approve Consent Items 1 - 2 as submitted. The Motion carried 4 - 0. Approve: Cyndy Andrus Terry Cunningham Jennifer Madgic Christopher Coburn Disapprove: None 18 Bozeman City Commission Meeting Minutes, July 18, 2023 Page 3 of 9 H) 00:12:34 Public Comment Mayor Andrus opened general Public Comment. 00:13:27 Shawn Bates commented on Houseless issue in Bozeman. 00:14:44 Lila Fleisher, HRDC Community Development Director, announced a several upcoming events. I) 00:16:05 Action Items I.1 00:16:08 Continue the Public Meeting to Consider the South Range Crossing Major Subdivision Preliminary Plat Application to the August 1, 2023 Meeting 00:16:22 Motion to continue the public meeting to consider the South Range Crossing Major Subdivision Preliminary Plat application, No. 22390, to the August 1, 2023 Commission meeting. Terry Cunningham: Motion Jennifer Madgic: 2nd 00:16:39 Vote on the Motion to continue the public meeting to consider the South Range Crossing Major Subdivision Preliminary Plat application, No. 22390, to the August 1, 2023 Commission meeting. The Motion carried 4 - 0. Approve: Cyndy Andrus Terry Cunningham Jennifer Madgic Christopher Coburn Disapprove: None I.2 00:16:59 Ordinance 2132, Provisional Adoption of Alcoholic Beverages and Sales Text Amendment, Application 23064 Attachment 1 - Ordinance 2132.pdf 23064 CC Staff Report - Liquor Licensing Amendment.pdf Attachment 2 - Map Series related to Ordinance 2132.pdf 00:17:13 Staff Presentation Community Development Program Manager Chris Saunders presented the application, background, scope, Ordinance 2132 Summary, Zoning Criteria, Summary of Public Comment, Recommendations 00:19:54 Questions of staff 00:28:35 Public Comment There was no public comment on this item. 19 Bozeman City Commission Meeting Minutes, July 18, 2023 Page 4 of 9 00:29:10 Motion to provisionally adopt Having reviewed and considered the staff report, draft ordinance, public comment, recommendation from the Community Development Board, and all information presented, I hereby adopt the findings presented in the staff report for application 23064 and move to provisionally adopt Ordinance 2132. Jennifer Madgic: Motion Christopher Coburn: 2nd 00:29:18 Discussion 00:33:50 Vote on the Motion to provisionally adopt Having reviewed and considered the staff report, draft ordinance, public comment, recommendation from the Community Development Board, and all information presented, I hereby adopt the findings presented in the staff report for application 23064 and move to provisionally adopt Ordinance 2132. The Motion carried 4 - 1. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: Christopher Coburn I.3 00:34:08 Resolution 5496, Calling for Election for General Obligation Bonds and Mill Levies for the Bozeman Community Center BSD#7 MOU.pdf Space Allocations.pdf Renderings.pdf Ballard King Report.pdf Facility Bond Budget Detail.pdf Operating Levy Budget Detail.pdf Mill Levy Calculation.pdf Resolution 5496.pdf 00:34:18 Staff Presentation Strategic Services Director Jon Henderson presented Final Design and Ballot Resolution, Community Benefits, Public Engagement, Final Concept Design, Location, Bozeman Climate Plan, Level 1 Floor Plan, Level 2 Floor Plan, What's Included in the Building, Computer Generated Renderings, Operating Levy, Bond and Levy Amounts, Resolution 5496, Next Steps & Overall Timeline 01:08:34 Questions of Staff 01:31:29 Public Comment Mayor Andrus opened this item for Public Comment 20 Bozeman City Commission Meeting Minutes, July 18, 2023 Page 5 of 9 01:31:59 Janae Johnson spoke in favor of the Resolution. 01:33:48 Cindy Christin spoke in favor of the Resolution. 01:36:30 Douglas Fisher spoke in favor of the Resolution. 01:39:40 Clarification 01:39:27 Motion to adopt Resolution 5496, calling for election for general obligation bonds and mill levies for the Bozeman Community Center. Christopher Coburn: Motion Terry Cunningham: 2nd 01:40:03 Discussion 02:02:18 Vote on the Motion to adopt Resolution 5496, calling for election for general obligation bonds and mill levies for the Bozeman Community Center. The Motion failed 0 - 4. Approve: None Disapprove: Jennifer Madgic Christopher Coburn Terry Cunningham Cyndy Andrus 02:02:27 Recess Mayor Andrus called the meeting into recess. 02:09:01 Call to Order Mayor Andrus called the meeting back to order. I.4 02:09:05 Ordinance 2145, Provisional Adoption Amending an Urban Renewal Plan for the Bozeman, Midtown Urban Renewal District 230711 Murb Plan Ord_final.pdf MURD_BCP_Conformance_Staff_Memo_062123.docx Midtown Urban Renewal District Plan AMENDED FINAL.pdf 02:09:35 Staff Presentation Urban Renewal Program Manager David Fine presented Urban Renewal Board Consolidation, Ordinance 2145, Ordinance 2146, Ordinance 2144, 02:13:08 Questions of Staff 02:15:21 Public Comment There were no public comments on this item. 21 Bozeman City Commission Meeting Minutes, July 18, 2023 Page 6 of 9 02:15:49 Motion to approve Having considered the presentation from staff, the recommendation from the Community Development Board acting as a Planning Board, public comment, and all other information presented, I move to approve Ordinance 2145. Terry Cunningham: Motion Jennifer Madgic: 2nd 02:16:05 Discussion 02:16:58 Vote on the Motion to approve Having considered the presentation from staff, the recommendation from the Community Development Board acting as a Planning Board, public comment, and all other information presented, I move to approve Ordinance 2145. The Motion carried 4 - 0. Approve: Cyndy Andrus Terry Cunningham Jennifer Madgic Christopher Coburn Disapprove: None I.5 02:17:18 Ordinance 2146, Provisional Adoption Amending an Urban Renewal Plan for Portions of Northeast Bozeman NURD_BCP_Conformance_Staff_Memo__062223.docx 230711 NURB Plan Ord_final.pdf NE District Plan NURB FINAL.pdf 02:17:28 Staff Presentation Manager Fine presented Ordinance 2146 02:18:46 Questions for Staff 02:18:55 Public Comment There were no public comments on this item. 02:19:10 Motion to approve Having considered the presentation from staff, the recommendation from the Community Development Board acting as a Planning Board, public comment, and all other information presented, I move to approve Ordinance 2146. Jennifer Madgic: Motion Christopher Coburn: 2nd 02:19:34 Discussion 22 Bozeman City Commission Meeting Minutes, July 18, 2023 Page 7 of 9 02:20:06 Vote on the Motion to approve Having considered the presentation from staff, the recommendation from the Community Development Board acting as a Planning Board, public comment, and all other information presented, I move to approve Ordinance 2146. The Motion carried 4 - 0. Approve: Cyndy Andrus Terry Cunningham Jennifer Madgic Christopher Coburn Disapprove: None I.6 02:20:18 Ordinance 2144 Provisional Adoption Repealing 2.05.1810 Bozeman Municipal Code (North Park Urban Renewal Board); Repealing 2.05.1830 Bozeman Municipal Code (Bozeman Midtown Urban Renewal Board); Repealing 2.05.1840 Bozeman Municipal Code (Northeast Urban Renewal Board); Repealing 2.05.1850 Bozeman Municipal Code (South Bozeman Technology District Board); and Repealing Sec. 2.05.1860 Bozeman Municipal Code (Pole Yard Urban Renewal Board) Ord. 2144 Urb. Renewal Board Repeal.pdf 02:20:31 Staff Presentation Manager Fine presented Ordinance 2144 02:21:32 Questions for Staff 02:21:40 Public Comment Mayor Andrus opened this item for Public Comment 02:22:07 Emily Talago commented on Urban Renewal Law and Tax Increment Financing. 02:24:51 Motion to approve Having considered public comment and all information presented, I move to provisionally adopt Ordinance 2144. Christopher Coburn: Motion Terry Cunningham: 2nd 02:25:02 Discussion 02:26:56 Vote on the Motion to approve Having considered public comment and all information presented, I move to provisionally adopt Ordinance 2144. The Motion carried 4 - 0. Approve: Cyndy Andrus Terry Cunningham Jennifer Madgic Christopher Coburn 23 Bozeman City Commission Meeting Minutes, July 18, 2023 Page 8 of 9 Disapprove: None J) 02:27:39 Work Session J.1 02:27:45 Solid Waste Rate Study and Compost Feasibility Study Work Session Continuation Solid Waste Policy Memo July 2023 Update 02:28:16 Consultant Presentation Scott Pasternak, of Burns and McDonnell presented Agenda, Project Overview, Plan Options, Proposed Rollout, Questions for Commissioners, Rate Study Update, Key Financial Considerations, Bundle Plan: Proposed Rate Schedule, Bundle Plan Incentivizes, Bundled Plan Rates Generate Revenue by FY 2027, Bundled Rates Allow City to Compete in Market, Current Plan: Incentivizes Downsizing, Bundle Plan Summary 02:53:54 Questions for Presenter 03:22:15 Public Comment Mayor Andrus opened this item for Public Comment 03:22:24 Brian Green commented on the Organics Recycling Project. 03:24:41 Discussion K) 03:36:01 FYI / Discussion L) 03:36:14 Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: __________________________________ Mike Maas City Clerk 24 Bozeman City Commission Meeting Minutes, July 18, 2023 Page 9 of 9 PREPARED BY: __________________________________ Alex Newby Deputy City Clerk Approved on: August 1, 2023 25 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:August 1, 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: July 27, 2023 26 Memorandum REPORT TO:City Commission FROM:Alex Newby, Deputy City Clerk Mike Maas, City Clerk Kira Peters, Assistant City Manager Jeff Mihelich, City Manager SUBJECT:Authorize the City Manager to Sign a Renewal with DocuSign for Electronic Signature Software MEETING DATE:August 1, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign a Renewal with DocuSign for Electronic Signature Software STRATEGIC PLAN:6.3 Climate Action: Reduce community and municipal Greenhouse Gas (GHG) emissions, increase the supply of clean and renewable energy; foster related businesses. BACKGROUND:In September of 2021, the City of Bozeman consolidated numerous individual and departmental accounts into an Enterprise account with DocuSign to more closely track usage and related expenditures through a Master Services Agreement. This agreement allowed the City to better gauge its organizational wide usage and to appropriately identify future costs. Based on actual usage the City is increasing its allocation for electronic signature usage as represented by the new renewal amount. In July 2022, an annual renewal agreement was approved by the City Commission. This year's renewal is a continuation with updated volume based on actual usage by all City Departments. UNRESOLVED ISSUES:None identified. ALTERNATIVES:As per Commission FISCAL EFFECTS:The $29,333.07 annual cost is within the appropriated amount for the City Clerks' operating budget. Attachments: City of Bozeman - Renewal (2023-08-01)__DocuSign Order Form FX2_2023-07-25.pdf Report compiled on: July 25, 2023 27 28 DocuSign, Inc. 221 Main Street, Suite 1000 San Francisco, CA 94105 Offer Valid Through: Jul 28, 2023 Prepared By: Will Cairns Quote Number: Q-01243783 ORDER FORM Address Information Bill To: Ship To: City of Bozeman City of Bozeman PO Box 1230, Bozeman, MT, 59771 United States PO Box 1230, Bozeman, MT, 59771 United States Billing Contact Name: Shipping Contact Name: Mike Maas Mike Maas Billing Email Address: mmaas@bozeman.net Shipping Email Address: mmaas@bozeman.net Billing Phone: 406-582-2321 Shipping Phone: 406-582-2321 Order Details Order Start Date: Jul 24, 2023 Payment Method: Check Order End Date: Jul 23, 2024 Payment Terms: Net 30 Billing Frequency: Annual Currency: USD Products Product Name Subscription No. Start Date End Date Quantity Net Price eSignature Enterprise Pro Edition - Envelope Subs. SUB-1744106-1 Jul 24, 2023 Jul 23, 2024 4,500 $24,043.50 Enterprise Premier Support - eSign SUB-1744106-1 Jul 24, 2023 Jul 23, 2024 1 $5,289.57 Grand Total: $29,333.07 Product Details eSignature Envelope Allowance: 4,500 Overage/Usage Fees eSignature Enterprise Pro Edition - Envelope Subs. (Per Transaction): $8.80 29 Page 2 of 3 Order Special Terms Both parties hereby agree that the following Subscription(s), identified by their Subscription # and Order Start Date, will be terminated upon the Order Start Date of this Order Form: August 01, 2022: Subscription # SUB-110996 (Q-00820896) No credit will be provided for the above Subscription #(s). Terms & Conditions This Order Form is governed by the terms Master Services Agreement available online at: https://www.docusign.com/company/terms-and-conditions/msa and the applicable Service Schedule(s) and Attachments for the DocuSign Services described herein available online at https://www.docusign.com/legal/terms-and-conditions/msa-service-schedules. Billing Information Prices shown above do not include any state and local taxes that may apply. Any such taxes are the responsibility of the Customer and will appear on the final Invoice. Is the contracting entity exempt from sales tax? Please select Yes or No: \tax1\ If yes, please send the required tax exemption documents immediately to taxexempt@docusign.com. Invoices for this order will be emailed automatically from invoicing@erp.docusign.com. Please make sure this email is on an approved setting or safe senders list so notifications do not go to a junk folder or caught in a spam filter. Purchase Order Information Is a Purchase Order (PO) required for the purchase or payment of the products on this Order Form? Please select Yes or No: \por1\ 30 Page 3 of 3 If yes, please complete the following: PO Number: \po1\ PO Amount: $\pa1\ By signing this Agreement, I certify that I am authorized to sign on behalf of the Customer and agree to the Terms and Conditions of this Order Form and any documents incorporated herein. Customer DocuSign, Inc. Signature: \si1\ Signature: \si3\ Name: \na1\ Name: \na3\ Job Title: \ti1\ Job Title: \ti3\ Date: \ds1\ Date: \ds3\ \ \in2\ 31 Memorandum REPORT TO:City Commission FROM:Kelley Rischke, Assistant City Attorney Greg Sullivan, City Attorney SUBJECT:Authorize the City Manager to sign an Amended and Restated First Amendment to Declaration of Covenants, Conditions, and Restrictions of PT Land Subdivision MEETING DATE:August 1, 2023 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Approve and authorize the City Manager to sign the Amended and Restated First Amendment to Declaration of Covenants, Conditions, and Restrictions of PT Land Subdivision. 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:In approximately 2008, the City Commission approved a Final Plat and PUD for PT Lands. Approval by the City required the developer to record the following with regard to amending the Covenants, Conditions, and Restrictions: "Section 9.03 Consent of the City required for certain amendments. The following provisions were included in this Declaration as a condition to approval of the final Plat, and may not be amended or revoke by the Owners unless the City Commission consents to the amendment: (a) Article 2.01 Formation of the Association (b) Article 2.05 Ownership and Use of Common Areas (c) Article 3.04 Signs (d) Article 6.01 Common Area Maintenance Obligation (e) Article 6.02 Restoration of Common Area Improvements (f) Article 6.06 Noxious Weeds (g) Article 6.07 Street Trees (h) Article 8.07 Assessment Liens which may be imposed by the City (i) Article 9.02 Amendment (j) Article 10.18 Duration (k) Exhibit C Development Guidelines The owner of one parcel within the PUD wishes to amend section 9.02 of the Covenants to require eighty percent, rather than 100% of the owners, to 32 amend the Declaration, and to require fifty percent of the owners to approve amendments to Exhibits B, C, and/or D to the Declaration. Importantly, this amendment does not affect the requirement of the Owners to obtain City consent for any amendment to those covenants related to conditions of approval of the final plat. A First Amendment to the covenants was executed by the Owners in 2015 that similarly imposed a requirement of eighty percent approval of the Owners to amend the Covenants. However, the First Amendment also impermissibly made amendments that were intended to remove some of the Development Guidelines found in Exhibit C without obtaining City consent for the amendments. This proposed Amendment cures the deficiencies of the First Amendment by declaring it null and void and replacing it in its entirety. The proposed Amendment to the covenants is attached to this memo, along with a redline version. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS:None. Attachments: Redline - Second Amendment to Declaration of CCRs- 22446751-v8 and Amended and Restated First Amendment to Declaration of CCRs-22446751-v11.pdf Amended and Restated First Amendment to Declaration of CCRs.pdf Report compiled on: July 25, 2023 33 THIS DOCUMENT IS PREPARED BY AND UPON RECORDATION SHOULD BE RETURNED TO: JULIE M. WORKMAN LEVENFELD PEARLSTEIN, LLC 120 S. RIVERSIDE PLAZA, SUITE 1800 CHICAGO, ILLINOIS 60606 THIS SPACE FOR RECORDER’S USE ONLY AMENDED AND RESTATED FIRST AMENDMENT TO SECOND AMENDMENT TO DECLARATION OF COVENANTS AND RESTRICTIONS PT LAND SUBDIVISION BOZEMAN, MONTANA This SecondAmended and Restated First Amendment (“Second this “Amendment”) to the Declaration of Covenants and Restrictions – PT Land Subdivision, Bozeman, Montana, is made and entered into this ____ day of _______________________, 2023, by the owners (“Owners”) of lots within the PT Land Subdivision Owners’ Association (“Association”). All capitalized terms in herein have the definitions set forth in the Declaration, unless otherwise expressly set forth in this Amendment. RECI TALSRECITALS A.The Owners are the fee title owners of certain property located in the City of Bozeman (“City”), County of Gallatin, State of Montana, legally described on Exhibit A attached hereto and made a part hereof (the “Property”). B.The Property is governed by that certain Declaration of Covenants and Restrictions – PT Land Subdivision, Bozeman, Montana, recorded in Gallatin County, Montana on March 27, 2008 as Document No. 2295422 (the “Original Declaration”), as amended by that certain Unanimous Consent to Amend Declaration of Covenants and Restrictions, PT Land Subdivision, Bozeman, Montana recorded in Gallatin County, Montana on August 8, 2015 as Document No. 2523192 (“FirstOriginal Amendment,” and collectively with the Original Declaration, the “Declaration”). C.The Owners desire to amend and restate the Original Amendment in its entirety. CD.The Owners have approved, and the City has consented to, this Second Amendment to effect certain modifications to the Declaration. NOW, THEREFORE, the Declaration is hereby amended as follows: 1.The Original Amendment is hereby null and void and superseded in its entirety by this Amendment. 34 12.The first sentence of Section 9.01 of the Declaration is deleted in its entirety and replaced with the following: “ This Declaration, including the Development Guidelines in Exhibit “C,” may be amended with the approval of the Owners of at least 80 percent of the Lots, and the Rules and Regulations in Exhibit “D”eighty percent (80%) of the Lots. Notwithstanding the foregoing, Exhibits B, C and/or D to this Declaration may be amended with the approval of the Owners of at least 50fifty percent (50%) of the Lots.” 23.The first sentence of Section 9.02 of the Declaration is deleted in its entirety.and replaced with the following: 3.The following clause is deleted from the first sentence of Section 9.02 of the Declaration: “, and when required by Section 9.03 by the City.” No modification, waiver, amendment, discharge or change of this Declaration shall be valid unless it is in writing and signed by the Owners of the Lots, as required by Section 9.01, and by the City, if and as required by Section 9.03. 4.Section 9.03 of the Declaration is deleted in its entirety.9.02 is modified by adding the following to the end thereof: Notwithstanding the foregoing, no amendment, change or modification of this Declaration that would materially adversely affect the use or development of a Lot or directly or indirectly impose any materially greater obligations on the Owner or occupants of a Lot than those previously agreed herein may be made without the consent of the Owner of such Lot, which shall not be unreasonably withheld if the burden relates to the health, safety or welfare of any Owner or its invitees or if the burden is intended to address an emergency situation. 5.Section 9.03 is revised by adding the following after the words “the City Commission”: “or City staff to whom such authority has been delegated”. 56.Pursuant to Section 10.12 of the Declaration, each Owner hereby confirms to each of the other Owners that (a) it is not aware of any default under the Declaration by any other Owner; (b) except for the First Amendment and this Second Amendment,the Declaration has been assigned,modified,or amended in any way; and (c) as of that date hereof, the Declaration, as amended,is in full force and effect. 67.Except as otherwise modified herein, the Declaration will continue in full force and effect. [SIGNATURE PAGE FOLLOWS] #22446751v322446751v9<ACTIVE> - SecondAmended and Restated First Amendment to Declaration of CCRs 35 #22446751v322446751v9<ACTIVE> - SecondAmended and Restated First Amendment to Declaration of CCRs 36 IN WITNESS WHEREOF, the Owners have duly executed this Second Amendment on the day and year first above written. OWNER OF BLOCK 1, LOT 1 Per the plat of PT Land Phase 1 Subdivision (Plat J-489) American Federal Savings Bank By: Name: Its: STATE OF __________) ) SS. COUNTY OF ________) I, ___________________, a Notary Public in and for the County and State aforesaid, DO HEREBY CERTIFY THAT __________________________, being the _________ of _______________, personally known to me to be the same person whose names is subscribed to the foregoing Amendment to the Declaration, appeared before me this day in person and acknowledged that s/he signed and delivered said Amendment as her/his free and voluntary act and as the free and voluntary act of said [_________] for the uses and purposes set forth therein. Given under my hand and notarial seal this _______ day of ____________, 2023. ____________________________________ Notary Public #22446751v322446751v9<ACTIVE> - SecondAmended and Restated First Amendment to Declaration of CCRs 37 OWNER OF BLOCK 1, LOT 2 Per the plat of PT Land Phase 1 Subdivision (Plat J-489) Kraska and Sons Properties, LLC By: Name: Its: STATE OF __________) ) SS. COUNTY OF ________) I, ___________________, a Notary Public in and for the County and State aforesaid, DO HEREBY CERTIFY THAT __________________________, being the _________ of _______________, personally known to me to be the same person whose names is subscribed to the foregoing Amendment to the Declaration, appeared before me this day in person and acknowledged that s/he signed and delivered said Amendment as her/his free and voluntary act and as the free and voluntary act of said [_________] for the uses and purposes set forth therein. Given under my hand and notarial seal this _______ day of ____________, 2023. ____________________________________ Notary Public #22446751v322446751v9<ACTIVE> - SecondAmended and Restated First Amendment to Declaration of CCRs 38 OWNER OF BLOCK 1, LOT 3 Per the plat of PT Land Phase 1 Subdivision (Plat J-489) McCormick Plaza Condo Master By: Name: Its: STATE OF __________) ) SS. COUNTY OF ________) I, ___________________, a Notary Public in and for the County and State aforesaid, DO HEREBY CERTIFY THAT __________________________, being the _________ of _______________, personally known to me to be the same person whose names is subscribed to the foregoing Amendment to the Declaration, appeared before me this day in person and acknowledged that s/he signed and delivered said Amendment as her/his free and voluntary act and as the free and voluntary act of said [_________] for the uses and purposes set forth therein. Given under my hand and notarial seal this _______ day of ____________, 2023. ____________________________________ Notary Public #22446751v322446751v9<ACTIVE> - SecondAmended and Restated First Amendment to Declaration of CCRs 39 OWNER OF BLOCK 1, LOT 4 Per the plat of PT Land Phase 1 Subdivision (Plat J-489) Blue Mountain LLC By: Name: Its: STATE OF __________) ) SS. COUNTY OF ________) I, ___________________, a Notary Public in and for the County and State aforesaid, DO HEREBY CERTIFY THAT __________________________, being the _________ of _______________, personally known to me to be the same person whose names is subscribed to the foregoing Amendment to the Declaration, appeared before me this day in person and acknowledged that s/he signed and delivered said Amendment as her/his free and voluntary act and as the free and voluntary act of said [_________] for the uses and purposes set forth therein. Given under my hand and notarial seal this _______ day of ____________, 2023. ____________________________________ Notary Public #22446751v322446751v9<ACTIVE> - SecondAmended and Restated First Amendment to Declaration of CCRs 40 OWNER OF BLOCK 1, LOT 5 Per the plat of PT Land Phase 1 Subdivision (Plat J-489) Lyons North 14th LLC By: Name: Its: STATE OF __________) ) SS. COUNTY OF ________) I, ___________________, a Notary Public in and for the County and State aforesaid, DO HEREBY CERTIFY THAT __________________________, being the _________ of _______________, personally known to me to be the same person whose names is subscribed to the foregoing Amendment to the Declaration, appeared before me this day in person and acknowledged that s/he signed and delivered said Amendment as her/his free and voluntary act and as the free and voluntary act of said [_________] for the uses and purposes set forth therein. Given under my hand and notarial seal this _______ day of ____________, 2023. ____________________________________ Notary Public #22446751v322446751v9<ACTIVE> - SecondAmended and Restated First Amendment to Declaration of CCRs 41 OWNER OF BLOCK 3, LOTS 1A AND 2A AND BLOCK 2, LOT 1 Per Amended Plat of PT Land Phase 2 Subdivision [Plat J-498B] Virga Venture I LLC By: Name: Its: STATE OF __________) ) SS. COUNTY OF ________) I, ___________________, a Notary Public in and for the County and State aforesaid, DO HEREBY CERTIFY THAT __________________________, being the _________ of _______________, personally known to me to be the same person whose names is subscribed to the foregoing Amendment to the Declaration, appeared before me this day in person and acknowledged that s/he signed and delivered said Amendment as her/his free and voluntary act and as the free and voluntary act of said [_________] for the uses and purposes set forth therein. Given under my hand and notarial seal this _______ day of ____________, 2023. ____________________________________ Notary Public #22446751v322446751v9<ACTIVE> - SecondAmended and Restated First Amendment to Declaration of CCRs 42 OWNER OF LOT 6A-1 Per Amended Plat of PT Land Phase 2 Subdivision [Plat J-498A] Montana Keystone Ventures LLC By: Name: Its: STATE OF __________) ) SS. COUNTY OF ________) I, ___________________, a Notary Public in and for the County and State aforesaid, DO HEREBY CERTIFY THAT __________________________, being the _________ of _______________, personally known to me to be the same person whose names is subscribed to the foregoing Amendment to the Declaration, appeared before me this day in person and acknowledged that s/he signed and delivered said Amendment as her/his free and voluntary act and as the free and voluntary act of said [_________] for the uses and purposes set forth therein. Given under my hand and notarial seal this _______ day of ____________, 2023. ____________________________________ Notary Public #22446751v322446751v9<ACTIVE> - SecondAmended and Restated First Amendment to Declaration of CCRs 43 ACCEPTED: CITY OF BOZEMAN By: City Manager ATTEST: City Clerk On this _____ day of ____________, 2023, before me, a Notary Public for the State of Montana, personally appeared JEFF MIHELICH and MIKE MAAS, known to me to be the City Manager and City Clerk, respectively, of the City of Bozeman and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of the City of Bozeman. IN WITNESS WHEREOF, I have hereinto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) Notary Public for the State of Montana (Printed Name) Residing at My Commission Expires ___/____/20__ #22446751v322446751v9<ACTIVE> - SecondAmended and Restated First Amendment to Declaration of CCRs 44 EXHIBIT A LEGAL DESCRIPTION Parcel I: Lot 6A of Amended Plat of PT Land Phase 2 Subdivision, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana. [Plat J-498A] Parcel II: Lot 1 of Block 2 and Lots 1A and 2A of Block 3 of Amended Plat of PT Land Phase 2 Subdivision, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana. [Plat J-498B] Parcel III: Lots 1, 2, 3, 4, and 5 in Block 1 of the Final Plat of PT Land Phase 1 Subdivision, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana. [Plat J-489] #22446751v322446751v9<ACTIVE> - SecondAmended and Restated First Amendment to Declaration of CCRs 45 0 Table Insert Changes: 0 Table Delete 0 Add Intelligent Table Comparison: Active Table moves to 28 0 Summary report: Litera Compare for Word 11.2.0.54 Document comparison done on 7/24/2023 6:05:15 PM Table moves from 0 Delete Embedded Graphics (Visio, ChemDraw, Images etc.) 32 0 Original DMS: iw://lplegal-mobility.imanage.work/ACTIVE/22446751/8 Embedded Excel 0 Move From Format changes 0 0 Total Changes: Modified DMS: iw://lplegal-mobility.imanage.work/ACTIVE/22446751/11 60 Move To Style name: Default Style 46 THIS DOCUMENT IS PREPARED BY AND UPON RECORDATION SHOULD BE RETURNED TO: JULIE M. WORKMAN LEVENFELD PEARLSTEIN, LLC 120 S. RIVERSIDE PLAZA, SUITE 1800 CHICAGO, ILLINOIS 60606 THIS SPACE FOR RECORDER’S USE ONLY AMENDED AND RESTATED FIRST AMENDMENT TO DECLARATION OF COVENANTS AND RESTRICTIONS PT LAND SUBDIVISION BOZEMAN, MONTANA This Amended and Restated First Amendment (this “Amendment”) to Declaration of Covenants and Restrictions – PT Land Subdivision, Bozeman, Montana, is made and entered into this ____ day of ______, 2023, by the owners (“Owners”) of lots within the PT Land Subdivision Owners’ Association (“Association”). All capitalized terms in herein have the definitions set forth in the Declaration, unless otherwise expressly set forth in this Amendment. RECITALS A. The Owners are the fee title owners of certain property located in the City of Bozeman (“City”), County of Gallatin, State of Montana, legally described on Exhibit A attached hereto and made a part hereof (the “Property”). B. The Property is governed by that certain Declaration of Covenants and Restrictions – PT Land Subdivision, Bozeman, Montana, recorded in Gallatin County, Montana on March 27, 2008 as Document No. 2295422 (the “Declaration”), as amended by that certain Unanimous Consent to Amend Declaration of Covenants and Restrictions, PT Land Subdivision, Bozeman, Montana recorded in Gallatin County, Montana on August 8, 2015 as Document No. 2523192 (“Original Amendment”). C. The Owners desire to amend and restate the Original Amendment in its entirety. D. The Owners have approved, and the City has consented to, this Amendment. NOW, THEREFORE, the Declaration is hereby amended as follows: 1. The Original Amendment is hereby null and void and superseded in its entirety by this Amendment. 2. The first sentence of Section 9.01 is deleted in its entirety and replaced with the following: LP 22446751.11 \ 46381-132841.004 47 #22446751v9<ACTIVE> - Amended and Restated First Amendment to Declaration of CCRs This Declaration may be amended with the approval of the Owners of at least eighty percent (80%) of the Lots. Notwithstanding the foregoing, Exhibits B, C and/or D to this Declaration may be amended with the approval of the Owners of at least fifty percent (50%) of the Lots. 3. The first sentence of Section 9.02 is deleted in its entirety and replaced with the following: No modification, waiver, amendment, discharge or change of this Declaration shall be valid unless it is in writing and signed by the Owners of the Lots, as required by Section 9.01, and by the City, if and as required by Section 9.03. 4. Section 9.02 is modified by adding the following to the end thereof: Notwithstanding the foregoing, no amendment, change or modification of this Declaration that would materially adversely affect the use or development of a Lot or directly or indirectly impose any materially greater obligations on the Owner or occupants of a Lot than those previously agreed herein may be made without the consent of the Owner of such Lot, which shall not be unreasonably withheld if the burden relates to the health, safety or welfare of any Owner or its invitees or if the burden is intended to address an emergency situation. 5. Section 9.03 is revised by adding the following after the words “the City Commission”: “or City staff to whom such authority has been delegated”. 6. Pursuant to Section 10.12, each Owner hereby confirms to each of the other Owners that (a) it is not aware of any default under the Declaration by any other Owner; (b) except for this Amendment, the Declaration has been assigned, modified, or amended in any way; and (c) as of that date hereof, the Declaration, as amended, is in full force and effect. 7. Except as otherwise modified herein, the Declaration will continue in full force and effect. [SIGNATURE PAGE FOLLOWS] 48 #22446751v9<ACTIVE> - Amended and Restated First Amendment to Declaration of CCRs IN WITNESS WHEREOF, the Owners have duly executed this Amendment on the day and year first above written. OWNER OF BLOCK 1, LOT 1 Per the plat of PT Land Phase 1 Subdivision (Plat J-489) American Federal Savings Bank By: Name: Its: STATE OF __________ ) ) SS. COUNTY OF ________ ) I, ___________________, a Notary Public in and for the County and State aforesaid, DO HEREBY CERTIFY THAT __________________________, being the _________ of _______________, personally known to me to be the same person whose names is subscribed to the foregoing Amendment to the Declaration, appeared before me this day in person and acknowledged that s/he signed and delivered said Amendment as her/his free and voluntary act and as the free and voluntary act of said [_________] for the uses and purposes set forth therein. Given under my hand and notarial seal this _______ day of ____________, 2023. ____________________________________ Notary Public 49 #22446751v9<ACTIVE> - Amended and Restated First Amendment to Declaration of CCRs OWNER OF BLOCK 1, LOT 2 Per the plat of PT Land Phase 1 Subdivision (Plat J-489) Kraska and Sons Properties, LLC By: Name: Its: STATE OF __________ ) ) SS. COUNTY OF ________ ) I, ___________________, a Notary Public in and for the County and State aforesaid, DO HEREBY CERTIFY THAT __________________________, being the _________ of _______________, personally known to me to be the same person whose names is subscribed to the foregoing Amendment to the Declaration, appeared before me this day in person and acknowledged that s/he signed and delivered said Amendment as her/his free and voluntary act and as the free and voluntary act of said [_________] for the uses and purposes set forth therein. Given under my hand and notarial seal this _______ day of ____________, 2023. ____________________________________ Notary Public 50 #22446751v9<ACTIVE> - Amended and Restated First Amendment to Declaration of CCRs OWNER OF BLOCK 1, LOT 3 Per the plat of PT Land Phase 1 Subdivision (Plat J-489) McCormick Plaza Condo Master By: Name: Its: STATE OF __________ ) ) SS. COUNTY OF ________ ) I, ___________________, a Notary Public in and for the County and State aforesaid, DO HEREBY CERTIFY THAT __________________________, being the _________ of _______________, personally known to me to be the same person whose names is subscribed to the foregoing Amendment to the Declaration, appeared before me this day in person and acknowledged that s/he signed and delivered said Amendment as her/his free and voluntary act and as the free and voluntary act of said [_________] for the uses and purposes set forth therein. Given under my hand and notarial seal this _______ day of ____________, 2023. ____________________________________ Notary Public 51 #22446751v9<ACTIVE> - Amended and Restated First Amendment to Declaration of CCRs OWNER OF BLOCK 1, LOT 4 Per the plat of PT Land Phase 1 Subdivision (Plat J-489) Blue Mountain LLC By: Name: Its: STATE OF __________ ) ) SS. COUNTY OF ________ ) I, ___________________, a Notary Public in and for the County and State aforesaid, DO HEREBY CERTIFY THAT __________________________, being the _________ of _______________, personally known to me to be the same person whose names is subscribed to the foregoing Amendment to the Declaration, appeared before me this day in person and acknowledged that s/he signed and delivered said Amendment as her/his free and voluntary act and as the free and voluntary act of said [_________] for the uses and purposes set forth therein. Given under my hand and notarial seal this _______ day of ____________, 2023. ____________________________________ Notary Public 52 #22446751v9<ACTIVE> - Amended and Restated First Amendment to Declaration of CCRs OWNER OF BLOCK 1, LOT 5 Per the plat of PT Land Phase 1 Subdivision (Plat J-489) Lyons North 14th LLC By: Name: Its: STATE OF __________ ) ) SS. COUNTY OF ________ ) I, ___________________, a Notary Public in and for the County and State aforesaid, DO HEREBY CERTIFY THAT __________________________, being the _________ of _______________, personally known to me to be the same person whose names is subscribed to the foregoing Amendment to the Declaration, appeared before me this day in person and acknowledged that s/he signed and delivered said Amendment as her/his free and voluntary act and as the free and voluntary act of said [_________] for the uses and purposes set forth therein. Given under my hand and notarial seal this _______ day of ____________, 2023. ____________________________________ Notary Public 53 #22446751v9<ACTIVE> - Amended and Restated First Amendment to Declaration of CCRs OWNER OF BLOCK 3, LOTS 1A AND 2A AND BLOCK 2, LOT 1 Per Amended Plat of PT Land Phase 2 Subdivision [Plat J-498B] Virga Venture I LLC By: Name: Its: STATE OF __________ ) ) SS. COUNTY OF ________ ) I, ___________________, a Notary Public in and for the County and State aforesaid, DO HEREBY CERTIFY THAT __________________________, being the _________ of _______________, personally known to me to be the same person whose names is subscribed to the foregoing Amendment to the Declaration, appeared before me this day in person and acknowledged that s/he signed and delivered said Amendment as her/his free and voluntary act and as the free and voluntary act of said [_________] for the uses and purposes set forth therein. Given under my hand and notarial seal this _______ day of ____________, 2023. ____________________________________ Notary Public 54 #22446751v9<ACTIVE> - Amended and Restated First Amendment to Declaration of CCRs OWNER OF LOT 6A-1 Per Amended Plat of PT Land Phase 2 Subdivision [Plat J-498A] Montana Keystone Ventures LLC By: Name: Its: STATE OF __________ ) ) SS. COUNTY OF ________ ) I, ___________________, a Notary Public in and for the County and State aforesaid, DO HEREBY CERTIFY THAT __________________________, being the _________ of _______________, personally known to me to be the same person whose names is subscribed to the foregoing Amendment to the Declaration, appeared before me this day in person and acknowledged that s/he signed and delivered said Amendment as her/his free and voluntary act and as the free and voluntary act of said [_________] for the uses and purposes set forth therein. Given under my hand and notarial seal this _______ day of ____________, 2023. ____________________________________ Notary Public 55 #22446751v9<ACTIVE> - Amended and Restated First Amendment to Declaration of CCRs ACCEPTED: CITY OF BOZEMAN By: City Manager ATTEST: City Clerk On this _____ day of ____________, 2023, before me, a Notary Public for the State of Montana, personally appeared JEFF MIHELICH and MIKE MAAS, known to me to be the City Manager and City Clerk, respectively, of the City of Bozeman and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of the City of Bozeman. IN WITNESS WHEREOF, I have hereinto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) Notary Public for the State of Montana (Printed Name) Residing at My Commission Expires ___/____/20__ 56 #22446751v9<ACTIVE> - Amended and Restated First Amendment to Declaration of CCRs EXHIBIT A LEGAL DESCRIPTION Parcel I: Lot 6A of Amended Plat of PT Land Phase 2 Subdivision, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana. [Plat J-498A] Parcel II: Lot 1 of Block 2 and Lots 1A and 2A of Block 3 of Amended Plat of PT Land Phase 2 Subdivision, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana. [Plat J-498B] Parcel III: Lots 1, 2, 3, 4, and 5 in Block 1 of the Final Plat of PT Land Phase 1 Subdivision, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana. [Plat J-489] 57 Memorandum REPORT TO:City Commission FROM:Mike Veselik, Economic Development Program Manager Brit Fontenot, Economic Development Director SUBJECT:Authorize the City Manager to sign a First Amendment to the Professional Services Agreement with Walker Consultants for a Term Contract for Parking Services Consulting MEETING DATE:August 1, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:I move to authorize the City Manager to sign a First Amendment to the Professional Services Agreement with Walker Consultants for a Term Contract for Parking Services Consulting STRATEGIC PLAN:7.3 Best Practices, Creativity & Foresight: Utilize best practices, innovative approaches, and constantly anticipate new directions and changes relevant to the governance of the City. Be also adaptable and flexible with an outward focus on the customer and an external understanding of the issues as others may see them. BACKGROUND:In Fall 2021, the City of Bozeman conducted an RFP process to select a new consultant for the Parking Services Division. Through the competitive process, staff selected Walker Consultants as for the term contract. This amendment will extend our term contract with Walker Consultants for the duration of the five year period allowed under the initial contract. UNRESOLVED ISSUES:No Unresolved Issues ALTERNATIVES:Alternatives as proposed by the FISCAL EFFECTS:As Approved in FY 24 Budget Attachments: Exhibit B--Updated Hourly Rates for Walker Consultants Staff.pdf First Amendment to Professional Services Agreement with Walker Consultants for a Term Contract for Parking Services Consulting.docx Report compiled on: July 19, 2023 58 STANDARD BILLING RATES FOR BASIC SERVICES Subject to Annual Adjustments Senior Vice President .................................................................................................................................... $320 Vice President ................................................................................................................................................ $300 Principal/Director .......................................................................................................................................... $280 Senior Project Manager ................................................................................................................................. $260 Senior Consultant ......................................................................................................................................... $260 Project Manager/Consultant ......................................................................................................................... $225 Senior Engineer/Senior Architect ................................................................................................................. $220 Project Engineer ............................................................................................................................................ $205 Engineer/Architect ........................................................................................................................................ $195 Analyst/Planner/Specialist ........................................................................................................................... $185 Assistant Project Manager/Assistant Consultant .......................................................................................... $190 Designer ......................................................................................................................................................... $190 Senior Technician .......................................................................................................................................... $170 Technician ...................................................................................................................................................... $155 Senior Administrative Assistant/Business Manager ...................................................................................... $130 Administrative Assistant ............................................................................................................................... $110 59 First Amendment to Professional Services Agreement for Term Contract for On-Call Serv for the Parking Services Program FY 2024 – FY 2026 Page 1 of 2 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR A TERM CONTRACT FOR PARKING SERVICES CONSULTING dated December 7, 2021 (the “Agreement”) is made and entered into this 1 st day of August, 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,” and Walker Consultants, 10375 Park Meadows Drive, Suite 425, Lone Tree, CO 80124, 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.Extension of Term. Section 2 of the Agreement is extended for remainder of the five year extension period. The Agreement shall terminate on December 31, 2026. 2.Payment: The rate sheet for Walker Consultants is updated with attached Exhibit B. All terms of compensation to contractor will still be agreed upon and included in each Task Order. 3.Agreement still valid. All remaining terms and provisions of the Agreement remain valid. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 60 First Amendment to Professional Services Agreement for Term Contract for On-Call Serv for the Parking Services Program FY 2024 – FY 2026 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 WALKER CONSULTANTS By________________________________By_____________________________ Jeff Mihelich, City Manager Andrew Vidor, Principal APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 61 Memorandum REPORT TO:City Commission FROM:Mike Veselik, Economic Development Program Manager Brit Fontenot, Economic Development Director SUBJECT:Authorize the City Manager to sign Task Order #5 with Walker Consultants for the City of Bozeman Strategic Parking Management Plan MEETING DATE:August 1, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:I move to authorize the City Manager to sign Task Order #5 with Walker Consultants for the City of Bozeman Strategic Parking Management Plan 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's Strategic Parking Management Plan was adopted in 2016 and focuses only on downtown parking. Since adopting the plan, the Bozeman Parking operation has expanded beyond downtown to serve all parts of the city. Further, staff and the Parking Commission have completed almost the entirety of the working in the Strategic Parking Management Plan. The new plan will examine city parking operations, collect occupancy data, engage community members for feedback on our program in the parking division, and propose long term strategies to improve the parking and transportation experience in the City of Bozeman. UNRESOLVED ISSUES:No Unresolved ALTERNATIVES:Alternatives as proposed by the FISCAL EFFECTS:$251,500, as approved in the FY24 Budget Attachments: Task Order #5 City of Bozeman Strategic Parking Plan Proposal.pdf Report compiled on: July 13, 2023 62 10375 Park Meadows Drive, Suite 425 Lone Tree, Co 80124 303.694.6622 1 July 11, 2023 (Updated) Mike Veselik Economic Development Program Manager City of Bozeman Economic Development Department 121 N. Rouse Ave Bozeman, MT 59715 Re: Proposal for City of Bozeman Strategic Parking Plan City of Bozeman, MT Dear Mr. Veselik: Walker Consultants is pleased to submit for your review this proposal for developing a Strategic Parking Plan for the City of Bozeman (“City”). Project Understanding The City of Bozeman remains an economic development hot spot in the region. As a result, growth and tourism put increased pressure on the parking assets supporting the community. The City recognizes the importance of the economic impact parking plays in the community, which is why the City has a managed parking program. As the City grows, they intend to continue expanding upon the existing managed parking program. To this end, the City wants to maintain an up-to-date Strategic Parking Plan for the City, which was last completed in 2016. Since then, much has changed in the City, as has technology, policy, and other parking management strategies. The outcome of this Plan will support the City in its efforts to: 1. Connect and Align with Other Plans: This Plan needs to consider the work previously done and align with the Downtown Plan, Community Plan, and Climate Plan. 2. Tie into Broader Visions: This work must tie into the broader visions for the future of the Bozeman community by reflecting and responding to new demographic, economic, physical, and social realities. 3. Refuse to be Reactive: This work must create a proactive framework for making data-driven, future- forward parking management choices that benefit the end user and support broader goals, such as creating authentic places, advancing equity, reducing emissions, and more. Study Area The study area is defined as the boundary the City of Bozeman oversees on- and off-street parking, shown in the figure below. This study area is consistent with the area described in the 2016 Downtown Strategic Parking Plan. 63 Proposal for Strategic Parking Plan City of Bozeman July 11, 2023 2 Scope of Services Task 1. Project Start-Up, Meetings and Coordination This task consists of coordination, meetings with the City throughout the Project, and internal coordination and efforts. These meetings are in addition to the routine virtual progress updates with the City. 1. Kick-off Meeting: A kick-off meeting will be held to discuss project goals, schedule, and expectations for the study. Work with the City project manager to prepare and attend an in-person kick-off meeting with the City team. The Kick-off Meeting will focus on finalizing the project workplan, discussing community engagement and outreach strategies and “hot button” issues, and using a digital whiteboard platform to build a shared vision of success for the Project, using the Walker team’s “Success/Fear Statement” exercise. This will help craft a clear roadmap for achievement and ways to avoid pitfalls along the way. 2. Develop Project One-Pager: Based on insights gathered in the kick-off meeting, develop a digital Project One-Pager to effectively and clearly communicate to the public an overview of the Project, including schedule, scope, objectives, and ways to get involved. 3. Ongoing Virtual Meetings: Attend ongoing meetings between the Walker project manager, the City project manager, and others as necessary to create a regular, informal opportunity for feedback and alignment. We recommend biweekly meetings at the project’s onset, with increasing or decreasing frequency as needed over the project’s duration. 4. Presentations of Plan: 64 Proposal for Strategic Parking Plan City of Bozeman July 11, 2023 3 a. Provide draft and final presentation materials of the Plan. b. Attend a work session to discuss the Plan and possible strategies with the Transportation Board and City Commission. c. Provide formal presentations of the final Plan to Transportation Board and City Commission. WHAT WILL WE NEED FROM THE CITY ON THIS TASK? Assistance with identifying kick-off meeting attendees and coordinating meeting logistics. DELIVERABLES: Project Delivery Strategy and Timeline; Overall Project One-Pager. MEETINGS/ENGAGEMENTS: Kickoff Meeting; Transportation Board and City Commission Work Sessions (1 each); Transportation Board and City Commission Formal Presentations (1 each) Task 2: Data Collection 1. Meet with City staff to review and discuss appropriate data collection dates, information important to us for field data collection, and other information related to the parking study the City feels is important to discuss. 2. Confirm the existing parking supply within the study area. We will rely on data collected by Walker in 2021, data available on new parking areas within the study area provided by the City, and field verification through manual counts. 3. Define sub-areas within the study area including Downtown, University District and High School District. 4. Develop a study area map and data collection field materials. 5. Manually collect typical parking occupancy. The occupancy will be recorded by parking facility (parking lots, parking garage), and block face for on-street parking. • Downtown (12 pm - 1 pm and 6 pm – 7 pm) parking occupancy during both a weekday (Tuesday, Wednesday, or Thursday) and a weekend (Saturday). • University and High School District (8 am - 5 pm) parking occupancy during a weekday (Tuesday, Wednesday, or Thursday). 6. Summarize the parking occupancy information in a summary report with graphical, tabular, and infographic support. 7. Meet to review and discuss the findings of the analysis, during which we will provide a high-level discussion on how this data can be used to make policy or parking management changes. 8. Conduct a parking turnover (length of stay) analysis for the study area over a twelve-hour period for a typical weekday and weekend. Analyze and summarize the parking turnover information in the summary report outlined above. Length of stay analysis will only be conducted in the Downtown zone. Map parking turnover reads in the City's existing GIS model to analyze movement patterns that may inform time limit and parking enforcement programming. 9. Provide a high-level comparison to the data collected in 2021. 10. Summarize the findings into an appendix which can be incorporated into the Plan. 11. Meet with the City to review the findings. DELIVERABLES: Data Collection Results Analysis Memorandum 65 Proposal for Strategic Parking Plan City of Bozeman July 11, 2023 4 Task 3: Community and Stakeholder Engagement Collaboration means that the public and stakeholders are partners in this work. We don’t believe in explaining technical terms and concepts ad nauseam in a PowerPoint — we believe in interactive in-person and online outreach methods that get people moving, thinking, learning and — most importantly — contributing valuable insight on the Project. At Walker, we follow a “form follows function” approach to public engagement planning. We start with a clear understanding, alongside the City, of what engagement has already been accomplished through previous Plan, processes, and other initiatives. Though public engagement has already been collected on parking, there is a need to gain new input on specific topics and areas of the City where input may not have sufficiently been gained. Above all, we are passionate about creating a clear line between the feedback we receive and the Project’s outcomes, so that the community can see themselves in the work. Walker will lead the process with support from the City. Understanding the City has a strong framework for Community Engagement, our role in this effort will be to lead strategy, validate City staff’s efforts for the benefit of decision-makers like City management and the City Commission, and act as an objective third party to facilitate meetings with opinionated stakeholders and community members. This includes forming engagement strategy and approach within the confines of established City practices and policies, facilitation for identified meetings, communication of technical concepts, and ongoing evaluation of engagement work and successes. 1. Develop Community Collaboration Plan: Based on insights gathered in the Kickoff Meeting, develop a Community Collaboration Plan, detailing core engagement audiences and roles, key areas of influence for each core audience, and methods and timeline for engagement. In this Plan, we will also work with the City to identify our measures of success — e.g., making sure we bring in service worker or renter voices, or reaching a certain percentage of the population — and create a roadmap for meeting these metrics. 2. Advisory Committee Formation and Engagement: Work with the City to form an Advisory Committee representing key voices from across a broad spectrum — from City leadership to business owners, service workers, residents, and more. The committee will meet virtually over the course of the Project to provide direction and essential milestones and make sure the project outcomes represent the pulse of the community. Each engagement will fall into one of three distinct categories, or encapsulate all three: • Vision-building: Articulate a shared vision of success and help us understand what’s possible. • Direction-building: Understand and gather feedback on options to achieve that vision of success. • Consensus-building: Build consensus and excitement around an alternative(s). • All Three: Ongoing methods for engagement where opportunities to provide feedback will progress alongside the Project. 3. Vision and Guiding Principles: A clear vision statement and series of guiding principles will help create a tool with which we can evaluate and advance potential strategies. We will use our Data Collection analysis, Success/Fear Statement exercises, and to-date collaboration with the community to build this deliverable. The vision and guiding principles may encapsulate key tenets such as responsiveness to growth and change, customer service and user experience, maximization of existing assets, cost recovery, and more. 4. Community Meetings: We will attend and support preparation for the following in-person meetings. a) Engagement Kick-off Meeting: Share foundational project details and conduct a community- appropriate version of the Success/Fear statement exercise. 66 Proposal for Strategic Parking Plan City of Bozeman July 11, 2023 5 b) Alternatives Meeting: Gather feedback and ascertain acceptance of various parking management strategies that advance the vision and guiding principles. c) Implementation Meeting: Build excitement and identify possible roadblocks or opportunities during the implementation stage. 5. In-Person Focus Group Meetings: During a site visit, we will host a day of open focus group meeting, which will be advertised by the City through to the existing City Parking Engagement Hub, e-mail blasts, and on social media (or an alternative). We propose to host these visioning sessions—where we will refine our vision of success with a broader swath of the community—in various locations throughout City, such as in the Downtown Core, neighborhoods adjacent to Montana State University, and adjacent to Bozeman High School, and among other locations as determined by the project team. 6. Engagement Effort Evaluation: Conduct an ongoing and final evaluation of the engagement effort, including quantitative data (e.g., number of participants, key demographics, methods and mediums for outreach) and a qualitative assessment of the ways in which the feedback and insights received influenced Plan outcomes. The evaluation will also include an evaluation of the engagement effort’s alignment with the Engage Bozeman Community Engagement Initiative and IAP2 best practices generally. DELIVERABLES: Community Collaboration Plan; Vision, and Guiding Principles Document; Community Collaboration Memorandum and Summary One-Pager. MEETINGS/ENGAGEMENTS: Advisory Committee Meetings (3); Open House Community Meetings (3); Focus Group Meetings/Pop-Ups (1 full day) Task 4: Comprehensive Citywide Parking Management Assessment 1. Strategy Menu Development: Building on the understanding of the existing and future factors influencing the parking system, and incorporating input heard from stakeholders and the community, we will develop a library of best-practice strategies. These strategies will be specifically suited to either the City-wide parking system and the sub-areas of the study area. They will be in line with the key performance indicators that support the ongoing management of the parking and mobility system. These strategies will also be evaluated in the broader context of our study area, compared to strategies implemented in peer and aspirational communities of similar size, demographics, and commuting preferences and behaviors. Strategies may include, but not be limited to: a. On- and off-street parking management • Time managed parking • Parking permit zones • Paid and unpaid • Alley parking and conflicts • Permit fees • Parking rate analysis • Citation fee analysis • Enforcement practices, technology and policy • Parking permit programs (Downtown, High School, University) include, but are not limited to, parking management philosophy and framework, operations, policies, practices, 67 Proposal for Strategic Parking Plan City of Bozeman July 11, 2023 6 eligibility, application and petition processes, equity in administration, key performance indicators, methods for aligning with and supporting other modes of travel, methods for coordinating with City departments and activities (e.g., development review), communications strategies, and more. Evaluate expansion, or revisions to permit program. b. Staffing levels needed to operate the parking program c. Transportation demand management to reduce reliance on automobiles d. Parking technologies to enhance the customer experience e. Impacts of identified parking and mobility system 2. Policy Evaluation and Recommendations: The City policies and regulations related to parking will be reviewed with recommended updates provided to support commercial and residential development while protecting the interests of existing residents, businesses, and visitors to the community. This effort will consider existing and future parking needs, industry best practices, and potential impacts of emerging new technologies in the parking and mobility environment. Potential strategies will be evaluated qualitatively in terms of the extent to which they can meet the set Vision and Guiding Principles. 3. Capital Planning and Fiscal Needs Identification: Using our expertise and database of parking and mobility capital, operations, and maintenance costs, we will identify order-of-magnitude resources necessary to support the strategic management and policy recommendations. The strategies outlined are intended to be in alignment with previous City Plans such as: Downtown Plan, Community Plan, and Climate Plan. DELIVERABLES: Comprehensive Citywide Parking Management Assessment Strategies Menu and Evaluation Task 5: Strategic Parking Plan Walker will develop a Strategic Parking Plan with recommended actions, responsible parties, and associated budget-level costs. The Plan will include high level administrative, staffing, and operational, technology and capital needs. Our approach creates digestible, appropriate deliverables for core audiences, such as the City staff/departments, City leadership, and the community as a whole. DELIVERABLES: Draft and Final Strategic Parking Plan. Schedule & Professional Fee Our team is prepared to begin this engagement once approval of this Task Order is authorized. We anticipate being able to conduct a kick-off meeting within 30 days of Task Order approval. The schedule in the attachment provides an overview of target task delivery dates, with project completion in mid- Spring. This schedule assumes a project start date of August 3rd, 2023. Adjustments to data collection periods or community engagement strategy or timeline may result in changes to the schedule and final delivery date. 68 Proposal for Strategic Parking Plan City of Bozeman July 11, 2023 7 We appreciate the opportunity to continue serving you and are looking forward to beginning this effort soon. Sincerely, WALKER CONSULTANTS Andrew J. Vidor Mallory Baker Principal Senior Project Manager Authorization Trusting that this meets with your approval, we ask that you sign in the space below to acknowledge your acceptance of the terms contained herein, and to confirm your authorization for us to proceed. Please return one signed original of this agreement for our records. City of Bozeman Accepted by (Signature) Printed Name Title Date Scope Of Services Professional Fee Task 1. Project Start-Up, Meetings, and Coordination $28,200 Task 2: Data Collection Downtown District $67,500 University District $17,750 High School District $16,750 Task 3: Community and Stakeholder Engagement $47,500 Task 4: Comprehensive Citywide Parking Management Assessment $42,600 Task 5: Strategic Parking Plan $31,200 Fee (Includes Travel Related Costs) $251,500 69 AugustSeptemberOctoberNovemberDecemberJanuaryFebruaryMarchAprilMayTask 1: Project Start-Up, Meetings and Coordination KO, TD1, TD2WSFPTask 2: Data Collection DC1DC2TD3Task 3: Community and Stakeholder Engagement TD4AC1, CM1TD5AC2, CM2FGAC3, CM3TD6Task 4: Comprehensive Citywide Parking Management AssessmentTD7Task 5: Strategic Parking Plan DRFRMeetings/Engagements KO: Kickoff Meeting DC1: Downtown Data Collection Visit DC2: Neighborhoods Data Collection Visit AC1, 2, 3: Advisory Committee MeetingsCM 1, 2, 3: Community Open House Meetings FG: Mobile Focus Group Pop-Ups WS: Transportation Board and City Commission Work Sessions FP: Formal Presentations to Transportation Board and City Commission Note: Biweekly project team meetings not shown. Deliverables TD1: Detailed Project Delivery Strategy and Timeline TD2: Project One-Pager TD3: Data Collection Results Analysis Memorandum TD4: Community Collaboration Plan TD5: Vision and Guiding Principles TD6: Community Collaboration Memorandum and Summary TD7: Comprehensive Citywide Parking Management Assessment Strategies Menu and Evaluation DR: Draft Strategic Parking Plan FR: Final Strategic Parking Plan, including Executive Summary and support for staff reports 70 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:Ordinance 2121, Final Adoption, 2103 Bridger Drive Zone Map Amendment Initially Establishing an R-2, Residential Moderate Density District, and the Accompanying Adjacent Right-of way on 0.54 acres in Association with Annexation of the Same, Resolution 5434, the 2103 Bridger Drive Annexation, Application 21147 MEETING DATE:August 1, 2023 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Finally Adopt Ordinance 2121. 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 applicants and property owners, Kristal Jones and Brandn Green, seek to annex property totaling roughly 0.54 acres into the City limits and establish initial zoning of R-2, Residential Moderate Density. The property is currently zoned “Residential Suburban” within the county. Nearby municipal zoning includes Residential Single-Household Low Density (R-1) to the north and Residential Suburban (R-S) to the south. Land to the east and west is unincorporated and zoned “Residential Suburban” within the county. The future land use map in the Bozeman Community Plan 2020 designates the property as “Urban Neighborhood” which the R-2 district serves to implement. There is an existing home and above garage dwelling on the parcel. The Commission held a public hearing on the request on September 21, 2021 and acted to approve the application. The applicant finalized all required terms of annexation including easements and signed the associated annexation agreement. The associated annexation Resolution 5434 accompanies this initial zoning Ordinance. Provisional adoption of Ordinance was passed on July 11, 2023. 71 UNRESOLVED ISSUES:None ALTERNATIVES:As determined by the Commission. FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Annexation or Zone Map Amendment. Future development will incur costs and generate review according to standard City practices. Attachments: 2103 Bridger Drive ZMA-2022.07.07.pdf 21147 2103 Bridger Drive ZMA Ordinance 2121.pdf Report compiled on: July 14, 2023 72 73 Ord 2121 Page 1 of 4 ORDINANCE 2121 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY DESIGNATE 0.54 ACRES AS R-2, RESIDENTIAL MODERATE DENSITY DISTRICT, KNOWN AS THE 2103 BRIDGER DRIVE ZONE MAP AMENDMENT, APPLICATION 21147. WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps if a public hearing is held and official notice is provided; and WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct a public hearing and submit a report to the City Commission for all zoning map amendment requests; and WHEREAS, the City of Bozeman Zoning Commission has been created by Section 2.05.2700, BMC as provided for in Section 76-2-307, M.C.A.; and WHEREAS, Chapter 38, Article 2 of the Bozeman Unified Development Code sets forth the procedures and review criteria for zoning map amendments; and WHEREAS, the proposed zone map amendment application to amend the City of Bozeman Zoning Map to establish a zoning classification of R-2 (Residential Moderate Density) for approximately 0.54 acres has been properly submitted, reviewed, and advertised; and WHEREAS, after proper notice, the Bozeman Community Development Board acting in their capacity as the Zoning Commission held a public hearing on August 9, 2021 and continued to August 23, 2023 to receive and review all written and oral testimony on the request for a zone map amendment; and 74 Ordinance No. 2121, 2103 Bridger Drive ZMA Page 2 of 4 WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City Commission that application No. 21147 the 2103 Bridger Drive Zone Map Amendment, be approved as requested by the applicant; and WHEREAS, after proper notice, the City Commission held its public hearing on September 21, 2021, to receive and review all written and oral testimony on the request for the zone map amendment; and WHEREAS, the City Commission has reviewed and considered the zone map amendment criteria established in Section 76-2-304, M.C.A., and found that the proposed zone map amendment would be in compliance with the criteria. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 That the zoning district designation of the following-described property is hereby designated as R-2, Residential Moderate Density District: An area of land comprised described as follows: 2103 Bridger Drive and more accurately described as Lots 14, 15, and 16, Ed Vogel Subdivision No. 1, [Plat E-47], according to the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County Montana; and located in the Southeast Quarter of Section 32, Township 1 South, Range 6 East, Township 1 South, Range 6 East, of P.M.M., City of Bozeman, Gallatin County, Montana. More particularly described as: Beginning at the northeast earner of said Lot 14; thence southerly 179'55'00", assumed azimuth from north, 323.10 feet along the east line of said Lot 14; thence westerly 269'55'00" azimuth 75.00 feet along the south line of said Lot 14, Lot 15 and Lot 16; thence northerly 359"55'00" azimuth 323.10 feet along west line of said Lot 16; thence easterly 089"55'00" azimuth 75.00 feet along the north line of said Lot 16, Lot 15 and Lot 14 to the point of beginning. 0.54 acres or 23,522 square feet. Subject to existing easements. All as depicted on the 2103 BRIDGER DRIVE Annexation Map. 75 Ordinance No. 2121, 2103 Bridger Drive ZMA Page 3 of 4 Section 2 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 3 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 4 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. Section 5 Codification. This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a disposition list in numerical order with all other ordinances of the City and shall be organized in a category entitled “Zone Map Amendments.” Section 6 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. 76 Ordinance No. 2121, 2103 Bridger Drive ZMA Page 4 of 4 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 11th day of July, 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 thereof held on the _____ of __________, 2023. The effective date of this ordinance is _____________, ____, 2023. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 77 Memorandum REPORT TO:City Commission FROM:David Fine, Economic Development Manager Brit Fontenot, Economic Development Director Jeff Mihelich, City Manager SUBJECT:Ordinance 2144 Final Adoption Repealing 2.05.1810 Bozeman Municipal Code (North Park Urban Renewal Board); Repealing 2.05.1830 Bozeman Municipal Code (Bozeman Midtown Urban Renewal Board); Repealing 2.05.1840 Bozeman Municipal Code (Northeast Urban Renewal Board); Repealing 2.05.1850 Bozeman Municipal Code (South Bozeman Technology District Board); and Repealing Sec. 2.05.1860 Bozeman Municipal Code (Pole Yard Urban Renewal Board) MEETING DATE:August 1, 2023 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Having considered public comment and all information presented, I move to adopt Ordinance 2144. STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:In fall 2021, the City Commission held a work session regarding consolidating and eliminating citizen advisory boards to provide “consistency, predictability and stability”. During that work session, the City Commission provided direction to staff to eliminate the advisory boards for all the urban renewal districts except the Downtown Urban Renewal District. The Ordinances the City Commission is considering reflect that direction to staff. Ordinance 2144 changes how the City of Bozeman administers most of its urban renewal districts. Under the Montana Code Annotated, urban renewal powers are vested in the City Commission, which, for purposes of administration may assign those powers. State law allows urban renewal powers to be “assigned to a department or other officers of the municipality or to any existing public body corporate” (7-15-4232, MCA). Ordinance 2144 amends the Bozeman Municipal Code to be consistent with state statute and allow the City Commission, as the legislative body of the city, delegate its urban renewal powers by Resolution, as allowed by State Law. Ordinance 2144 removes references to the North Park Urban Renewal Board, Midtown Urban Renewal Board, Northeast Urban Renewal Board, South Bozeman Technology District Board, and Pole Yard Urban Renewal 78 Board. From their inception, the City Commission retained its urban renewal powers for the North Park URD and Pole Yard URD and the plans for these districts do not specify boards for the administration of these districts. The South Bozeman Technology District board has been vacant for several years and the City Commission has not made reappointments to this board. The Midtown URD and Northeast URD have existing boards. References to those boards appear in the adopted urban renewal plans for these districts. Removal of those references can be addressed by other ordinances amending the plans. Following any provisional adoption of Ordinance 2144, staff intends to return to the City Commission with a Resolution assigning the urban renewal powers of the City, for these districts, to the Director of Economic Development. Work plans and budgets for the districts would continue to be prepared by economic development staff and presented to the City Commission during the regular budget process. The City Commission will continue to approve contracts and urban renewal projects consistent with current practices. UNRESOLVED ISSUES:None at this time. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:There are no fiscal effects created by this Ordinance. Attachments: Ord. 2144 Urb. Renewal Board Repeal.pdf Report compiled on: July 7, 2023 79 Ord 2144 Page 1 of 5 ORDINANCE 2144 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA REPEALING 2.05.1810 BOZEMAN MUNICIPAL CODE (NORTH PARK URBAN RENEWAL BOARD); REPEALING 2.05.1830 BOZEMAN MUNICIPAL CODE (BOZEMAN MIDTOWN URBAN RENEWAL BOARD); REPEALING 2.05.1840 BOZEMAN MUNICIPAL CODE (NORTHEAST URBAN RENEWAL BOARD); REPEALING 2.05.1850 BOZEMAN MUNICIPAL CODE (SOUTH BOZEMAN TECHNOLOGY DISTRICT BOARD); AND REPEALING SEC. 2.05.1860 BOZEMAN MUNICIPAL CODE (POLE YARD URBAN RENEWAL BOARD). WHEREAS, Article IV, Section 4.07 of the Bozeman Charter permits the City Commission to create boards, commissions, or committees as determined necessary; and WHEREAS, on November 28, 2005 the City Commission passed, adopted, and finally approved Ordinance 1655, which adopted an urban renewal plan for portions of Northeast Bozeman, including the historic mixed use district; and WHEREAS, on November 27, 2006 the City Commission passed, adopted, and finally approved Ordinance 1685, which adopted an urban renewal plan for the North Seventh Avenue corridor and adjacent properties; and WHEREAS, on November 19, 2012 the City Commission passed, adopted, and finally approved Ordinance 1844 (effective December 19, 2012) which created the South Bozeman Technology District; and WHEREAS, on June 3, 2013, the City Commission passed, adopted, and finally approved Ordinance 1861, which created advisory boards for urban renewal boards; and WHEREAS, on November 28, 2005, the City Commission passed, adopted, and finally approved Ordinance 1655, which created the North Seventh Avenue and Northeast Urban Renewal Districts, and South Bozeman Technology District; and 80 Ordinance No. 2144, (Repealing the North Park, Midtown, Northeast, South Bozeman Technology, and Pole Yard Urban Renewal Boards) Page 2 of 5 WHEREAS, on November 16, 2015, the City Commission passed, adopted, and finally approved Ordinance 1925, which amended and re-named the “North Seventh Avenue Urban renewal district board” as the “Bozeman Midtown urban renewal board”; and WHEREAS, on April 16, 2018, the Bozeman City Commission formally adopted the Bozeman Strategic Plan via Resolution 4852; and WHEREAS, Mont. Code. Ann. § 7-15-4231 (2021) permits a municipality itself to exercise its urban renewal project power, or elect to have those powers assigned to an urban renewal agency; and WHEREAS, on August 24, 2021, the City Commission passed, adopted, and finally approved Ordinance 2085 (effective December 1, 2021), which re-structured the City’s advisory boards; and WHEREAS, as set forth in Strategic Plan Section 1.2 Community Engagement, the re- structuring of the City’s urban renewal boards is necessary to more effectively advise the City Commission and engage the public. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 The Sec. 2.05.1760 Bozeman Municipal Code, entitled Creation; powers and duties, is amended as follows: Sec. 2.05.1760. Creation; power and duties. The city commission may, by resolution or ordinance, elect to retain and exercise its urban renewal project powers itself or assign those powers to a department or other officers of the municipality, or create an urban renewal board or targeted economic development district board to exercise any of the powers authorized pursuant to Title 7, Chapter 15, Parts 42 and 43, MCA, which are specifically authorized for that board by the city commission. Section 2 The Sec. 2.05.1810 Bozeman Municipal Code, entitled North Park urban renewal board, is repealed in its entirety. 81 Ordinance No. 2144, (Repealing the North Park, Midtown, Northeast, South Bozeman Technology, and Pole Yard Urban Renewal Boards) Page 3 of 5 Section 3 The Sec. 2.05.1830 Bozeman Municipal Code, entitled Bozeman Midtown urban renewal board, is repealed in its entirety. Section 4 The Sec. 2.05.1840 Bozeman Municipal Code, entitled Northeast urban renewal board, is repealed in its entirety. Section 5 The Sec. 2.05.1850 Bozeman Municipal Code, entitled South Bozeman technology district board, is repealed in its entirety. Section 6 The Sec. 2.05.1860 Bozeman Municipal Code, entitled Pole yard urban renewal board, is repealed in its entirety. Section 7 The Sec. 2.06.1300 Bozeman Municipal Code, entitled Administration, is amended as follows: Sec. 2.06.1300. Administration. The urban renewal, tax increment financing, or economic development district programs created pursuant to this division shall be administered by the city commission. The commission shall may be advised on matters pertaining to the program by either a department or other officers of the municipality, or a district board created pursuant to article 5, division 10 of this chapter. and The city commission may delegate specific authority to such a district board, or city department or officer pursuant to ordinance or resolution. Section 8 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 82 Ordinance No. 2144, (Repealing the North Park, Midtown, Northeast, South Bozeman Technology, and Pole Yard Urban Renewal Boards) Page 4 of 5 the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 9 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 10 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. Section 11 Codification. This Ordinance shall be codified as indicated in Sections 1 – 7. Section 12 Effective Date. This Ordinance shall be in full force and effect thirty (30) days after final adoption. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the _____ day of ________________, 20__. ____________________________________ CYNTHIA L. ANDRUS Mayor 83 Ordinance No. 2144, (Repealing the North Park, Midtown, Northeast, South Bozeman Technology, and Pole Yard Urban Renewal Boards) Page 5 of 5 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 thereof held on the ___ of ____________________, 20__. The effective date of this ordinance is __________, __, 20__. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 84 Memorandum REPORT TO:City Commission FROM:David Fine, Economic Development Manager Brit Fontenot, Economic Development Director Jeff Mihelich, City Manager SUBJECT:Ordinance 2145, Final Adoption Amending an Urban Renewal Plan for the Bozeman, Midtown Urban Renewal District MEETING DATE:August 1, 2023 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Having considered the presentation from staff, the recommendation from the Community Development Board acting as a Planning Board, public comment, and all other information presented, I move to approve Ordinance 2145. STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:In fall 2021, the City Commission held a work session regarding consolidating and eliminating citizen advisory boards to provide “consistency, predictability and stability”. During that work session, the City Commission provided direction to staff to eliminate the advisory boards for all the urban renewal districts except the Downtown Urban Renewal District. The Ordinances the City Commission is considering reflect that direction to staff. Eliminating the advisory board for the Midtown Urban Renewal District requires amendment of the Midtown Urban Renewal Plan. The Midtown Urban Renewal Plan includes references to a board. Urban renewal plans must be adopted and amended by Ordinance following a noticed public hearing. State Law also requires that the Planning Board hold a hearing on the conformity of proposed urban renewal plan with the growth policy. The Community Development Board, acting as the Planning Board, adopted staff’s findings and conclusion that the proposed urban renewal plan was in conformance with City’s adopted growth policy, the Bozeman Community Plan 2020. The proposed amended Midtown Urban Renewal Plan makes changes to the Plan related to boards and administration of the district but does not alter the goals or other parts of the Plan. Please follow the link to a redlined version of the Midtown Urban Renewal 85 Plan, as amended. A clean copy of the amended plan is included in the packet materials. Following any provisional adoption of Ordinance 2145, staff intends to return to the City Commission with a Resolution assigning the urban renewal powers of the City, for this district, to the Director of Economic Development. Work plans and budgets for the districts would continue to be prepared by economic development staff and presented to the City Commission during the regular budget process. The City Commission will continue to approve contracts and urban renewal projects consistent with current practices. UNRESOLVED ISSUES:None at this time. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:There are no fiscal effects related to the adoption of this Ordinance. Attachments: MURD_BCP_Conformance_Staff_Memo_062123.docx 230711 Murb Plan Ord_final.pdf Midtown Urban Renewal District Plan AMENDED FINAL.pdf Report compiled on: July 7, 2023 86 To:Community Development Board (acting as the Planning Commission) From:David Fine, Economic Development Manager Brit Fontenot, Economic Development Director Meeting Date:June 27, 2023 Subject:Midtown Urban Renewal Plan Amendment and Conformity with the Growth Policy (Bozeman Community Plan 2020) Overview On May 25, 2021, the Bozeman City Commission authorized City Staff to begin work to consolidate nearly 40 citizen advisory boards into five "strategic boards". The staff memo noted at that time it would be infeasible to consolidate the Midtown Urban Renewal Board into any of the five strategic boards. Staff recommended amending the district’s urban renewal plan to designate the City Commission to serve as the Midtown Urban Renewal Board. The Midtown Urban Renewal Board was formed at the inception of the District and as such, a board structure was written into the urban renewal district plan. The board has been responsible for reviewing projects, workplans, and budgets and providing recommendations to the City Commission. Despite no changes to the purpose, goals or proposed actions of the Midtown Urban Renewal Plan, for the City Commission to take on the functions of the board, the Plan must be amended. An amendment of the Midtown Urban Renewal Plan requires1 that it be found to be in conformance with the City of Bozeman’s current growth policy, the Bozeman Community Plan 2020. Below is a summary demonstrating how the goals of the Midtown Urban Renewal Plan conform with the themes and goals established in the Bozeman Community Plan 2020. 1 7-15-4213. Review of urban renewal plan by planning commission.(1) Prior to its approval of an urban renewal project, the local governing body shall submit the urban renewal project plan to the planning commission of the municipality for review and recommendations as to its conformity with the growth policy or parts of the growth policy for the development of the municipality as a whole if a growth policy has been adopted pursuant to Title 76, chapter 1. (2) The planning commission shall submit its written recommendations with respect to the proposed urban renewal plan to the local governing body within 60 days after receipt of the plan. 87 Staff Conclusion After a thorough review and analysis of the themes and goals of the Bozeman Community Plan (BCP) and the goals of Midtown Urban Renewal Plan (URP), staff concludes that the Midtown URP, as amended, is in conformance with the BCP. Staff Findings Below is a detailed comparison of the URP goals and the BCP themes and goals demonstrating conformance. URPGOAL #1–PROMOTE ECONOMIC DEVELOPMENT URP Goal #1, Promote Economic Development, is in conformance with BCP Theme 6: A City Powered by its Creative, Innovative, and Entrepreneurial Economy, Goal EE-1. URP Goal #1:“Economic vitality strengthens the community, provides for physical needs of the citizens, opens reinvestment opportunities, and helps to eliminate the conditions that contribute to blight.” BCP Goal EE-1:“Promote the continued development of Bozeman as an innovative and thriving economic center.” URPGOAL #2–IMPROVE MULTI-MODAL TRANSPORTATION URP Goal #2, Improve Multi-Modal Transportation, is in conformance with BCP Theme 5: A City That Prioritizes Accessibility and Mobility Choices, Goal M-1. Midtown URP Goal #2’s also conforms with BCP Theme 5, Goal M-2. URP Goal #2: “Increasing travel options supports public health, reduces resource demand, increases efficiency and reduces costs, improving the quality of life and making the community a better place to live and work, helping to eliminate conditions that contribute to blight.” BCP Goal M-1: “Ensure multimodal accessibility.” BCP Goal M-2: “Ensure multimodal safety.” URPGOAL #3–IMPROVE,MAINTAIN AND SUPPORT INNOVATION IN INFRASTRUCTURE UPR Goal #3, Improve, Maintain and Support Innovation in Infrastructure, and the goal’s specific initiatives are in conformance with BCP Theme 3: A City Bolstered by Downtown and 88 Complementary Districts, Goals DCD-2 and DCD-3. Specific initiatives of URP Goal #3 also conform to BCP Theme 6: A City Powered by its Creative, Innovative, and Entrepreneurial Economy, Goal EE-1. URP Goal #3: “Infrastructure is the backbone of the community. Private development typically requires a corresponding public investment in infrastructure. Therefore, capital improvements in the district will help achieve economic vitality and address conditions that contribute to blight.” BCP Goal DCD-2: “Encourage growth throughout the City, while enhancing the pattern of community development oriented on centers of employment and activity. Support an increase in development intensity within developed areas.” BCP Goal DCD-3: “Ensure multimodal connectivity within the City.” BCP Goal EE-1: “Promote the continued development of Bozeman as an innovative and thriving economic center.” URPGOAL #4–PROMOTE UNIFIED,HUMAN SCALE URBAN DESIGN URP Goal #4, Promote Unified, Human Scale Urban Design, and the goal’s specific initiatives are in conformance with BCP Theme 2: A City of Unique Neighborhoods, Goals N-1 and N-4. URP Goal #3: “Protecting and building upon existing physical assets increases vitality, desirability and leverages economic development, strengthening community values and mutual support helping to eliminate the conditions that contribute to blight.” BCP Goal N-1: “Support well-planned, walkable neighborhoods.” BCP Goal N-4: “Continue to encourage Bozeman’s sense of place.” URPGOAL #5–SUPPORT COMPATIBLE URBAN DENSITY MIXED LAND USES URP Goal #5, Support Compatible Urban Density Mixed Land Uses, and the goal’s specific initiatives are in conformance with BCP Theme 2: A City of Unique Neighborhoods, Goals N-2 and N-3. URP Goal #3: “A sense of place is strengthened by a strong core identity. Increasing live- work opportunities and community interaction, ensures that the North 7th Avenue area remains a great place to live, work, operate a business, and play, and helps to eliminate conditions that contribute to blight.” BCP Goal N-2: “Pursue simultaneous emergence of commercial nodes and residential development through diverse mechanisms in appropriate locations.” 89 BCP Goal N-3: “Promote a diverse supply of quality housing units.” 90 Ord 2145 Page 1 of 4 ORDINANCE 2145 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA ADOPTING AN AMENDED MIDTOWN URBAN RENEWAL PLAN FRELATED TO THE ADMINISTRATION OF THE DISTRICT AND ASSIGNING TO THE CITY THE AUTHORITY TO EXERCISE URBAN RENEWAL POWERS. WHEREAS, on August 22, 2005, the Bozeman City Commission adopted Resolution No. 3839, declaring that blighted areas exist within the municipality and that the rehabilitation, redevelopment, or a combination thereof, of such areas is necessary in the interest of the public health, safety, morals, or welfare of the residents of such municipality; and WHEREAS, on November 27, 2006 the City Commission passed, adopted, and finally approved Ordinance 1685, which adopted an urban renewal plan for the Bozeman Midtown Urban Renewal District; and WHEREAS, the Midtown Urban Renewal Plan established an advisory board for the Midtown Urban Renewal District; and WHEREAS, as set forth in Bozeman’s Strategic Plan 1.2, consolidating the city’s Citizen Advisory Boards includes the consolidation of the city’s urban renewal boards; WHEREAS, eliminating the the Midtown Urban Renewal District and assigning urban renewal powers to the City requires an amendment of the administration of the district by amending the Midtown Urban Renewal Plan; WHEREAS, on September 15, 2015, the City Commission passed and adopted Resolution 4639, which amended the Bozeman Midtown Urban Renewal District; and WHEREAS, on December 16, 2015 the City Commission passed, adopted, and finally approved Ordinance 1925, which amended the urban renewal plan for the Bozeman Midtown Urban Renewal District; and 91 Ordinance No. 2145, (Adopting an Amended Midtown Urban Renewal Plan) Page 2 of 4 WHEREAS, as required by Mont. Code Ann. §§ 7-15-4214 and 4215 (2021), notice of the public hearing on the amended Midtown Urban Renewal Plan was published on June 17 and 24, 2023, and such notice conformed to all statutory requirements; and WHEREAS, as required by Mont. Code Ann. § 7-15-4213, on June 26, 2023 the City’s Community Development – Planning Board found that the proposed, amended Midtown Urban Renewal Plan conformed with the Bozeman 2020 Community Plan and its stated, adopted growth policy for Bozeman; and WHEREAS, on July 18, 2023 the Bozeman City Commission held a public hearing to consider the proposed, amended Midtown Urban Renewal District Plan. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 The amended plan for the Midtown Urban Renewal District, attached here as Exhibit A, is hereby adopted. Section 2 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 3 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 4 Severability. 92 Ordinance No. 2145, (Adopting an Amended Midtown Urban Renewal Plan) Page 3 of 4 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. Section 5 Codification. This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a disposition list in numerical order with all other ordinances of the City. Section 6 Effective Date. This Ordinance shall be in full force and effect thirty (30) days after final adoption. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the _____ day of ________________, 20__. ____________________________________ 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 thereof held on the ___ of ____________________, 20__. The effective date of this ordinance is __________, __, 20__. _________________________________ CYNTHIA L. ANDRUS Mayor 93 Ordinance No. 2145, (Adopting an Amended Midtown Urban Renewal Plan) Page 4 of 4 ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 94 BOZEMAN MIDTOWN URBAN RENEWAL DISTRICT July 2023 95 Table of Contents Chapter 1. Introduction and Overview ........................................................ 1 Chapter 2. Description of the Bozeman Midtown Urban Renewal District 7 Chapter 3. Documentation of Blight .......................................................... 20 Chapter 4. Planning Consistency ............................................................... 26 Chapter 5. Goals and Strategies ................................................................. 32 Chapter 6. Project Evaluation Criteria ..................................................... 39 Chapter 7. Implementation ......................................................................... 42 Appendix A. Public Meeting Summaries ................................................... 53 Appendix B. Planning Consistency Review ............................................... 57 96 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 1 Chapter 1. Introduction and Overview In February 2005, the Bozeman City Commission directed city staff, pursuant to the provisions of the State of Montana Urban Renewal Law, to examine conditions along North 7th Avenue and adjacent lands, in the midtown area of the City of Bozeman and report to the City Commission as to “the need for, desirability of, and feasibility of creating an urban renewal program”. The area examined was largely comprised of automobile oriented, strip commercial development built on and adjacent to North 7th Avenue in the 1960’s and 70’s, in response to transportation-related improvements to Interstate 90 and Oak Street. These improvements have significantly influenced the platting of land and land-use, access, traffic and circulation, and development patterns in the area. In addition to the primary commercial corridor, portions of the residential neighborhoods that adjoin the North 7th Avenue to the east and west were also examined. These areas were included in order to assure that any proposed urban renewal activities in the North 7th Avenue corridor would carefully consider issues associated with these well-established residential areas. More particularly, the area that was studied in 2005 included “the commercially zoned property between North 5th Avenue and North 8th Avenue from Main Street north to the city limits, vacant R-4 zoned parcels between Tamarack Street and Oak Street from North 5th Avenue to North 3rd Avenue right of way extended, and a commercially zoned parcel north of Oak Street between North 3rd Avenue right of way extended, and a commercially zoned parcel north of Oak Street between North 3rd Avenue right of way extended and the North Black Avenue alignment. Between West Main Street and West Lamme Street, the original study area extended east only as far as a point roughly mid-block between North 7th and North 5th Avenues.” The information gathered in the 2005 investigation indicated that the area was eligible for designation as an urban renewal district (URD) under 7-15-4201 et. seq MCA (the Montana Urban Renewal Law), primarily due to: • the defective or inadequate street layout identified within the study area • instances of known deterioration • inadequate provisions and/or age obsolescence of the following public improvements within the study area: storm drain, streets and sidewalks • instances of age obsolescence of buildings within the study area • inappropriate or mixed uses of land or buildings • deterioration of site; and improper subdivision or obsolete platting Based on these findings, the City Commission adopted Resolution 3839, a Resolution of Necessity, in August of 2005 and subsequently approved Ordinance 1685, on November 27, 2006. The ordinance created the North Seventh Avenue Urban Renewal District and adopted the North Seventh Avenue Urban Renewal District Plan with a provision for tax increment financing, to be calculated using a base year of 2006. The Commission established a North Seventh Avenue Urban Renewal Board (NSURB) to serve in an advisory capacity to the Commission in planning for, implementing and administrating a program of rehabilitation and revitalization for the District. 97 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 2 The 2006 Plan notes that the North 7th Avenue is a vital part of the City of Bozeman and is an established entryway corridor that extends from I-90 south to Main Street. In the city's rating system, this is a Class II corridor, which is automobile-oriented; however, it has the potential to become more pedestrian-oriented while serving its arterial function. It serves as a major circulation corridor and is home for a variety of businesses that contribute to the vitality of the community. Historically, it served as the first north-south corridor for automobiles in the City and was the community’s first connection to Interstate 90. Visitors and residents alike recall a lovely tree-lined avenue that served as a gateway to Montana State University. However, important as it is today, North 7th Avenue’s full potential has not been fully realized. While the North Seventh Avenue Urban Renewal program has supported revitalization activities in the district, some issues remain. These include the lack of connection to other parts of the city and the failure to diversify the types of uses and achieve the degree of intensity of development that could occur. A key objective of the Plan was to establish a district identity for the corridor and the subareas within it. This objective has been partially met through the installation of trees, boulevards and other elements in a portion of the corridor in recent years, but the area remains without a unifying identity. In March of 2015, the City Commission provided funding for the NSURB to examine several areas adjacent to the North Seventh Avenue Urban Renewal District, to determine whether the district could be expanded in order to better meet its goals and objectives. The NSURB had become concerned that the failure to address blighted conditions in these areas had stymied rehabilitation and redevelopment within the existing district. In addition, the existing North Seventh Avenue Urban Renewal District was, in some places, only one block from the Downtown Area Urban Renewal District, further exacerbating the lack of connectivity between the two areas. While the area in between was characterized by the same conditions that were present in both districts, it could not take advantage of ongoing urban renewal programs. The NSURB directed that seven areas, adjacent to the existing urban renewal district, be evaluated as to whether it would be appropriate to expand the district to include all or some of these areas. These areas are as follows: 1. Southern Boundary Area, North Side of West Main Street - An area on the east side of the southern boundary of the urban renewal district was reviewed. It is bounded by Lamme Street on the north, West Main Street on the south, North 3rd Avenue on the east and North 6th Avenue on the west. This area is located between two existing urban renewal districts, the North Seventh Avenue and the Downtown Urban Renewal Districts. The conditions of blight in this area are similar to those found inside each of these districts. 98 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 3 2. Southern Boundary Area, South Side of West Main Street – An area located just south of the southern boundary of the North Seventh Avenue Urban Renewal District was examined. It is bounded on the north by West Main Street, on the south by West Babcock Street, on the west by South 9th Avenue and on the east by South 5th Avenue. This area exhibits conditions of blight similar to the two adjacent urban renewal districts and exclusion has resulted in limited reinvestment. 3. The Whittier School Remainder – While some of the Whittier School property is in the original district, a portion of the property owned by the School District was not included. The area is directly south and southwest of the Whittier School and includes the playground and the school parking lot. 4. East Side Property – This area is located to the east of the existing urban renewal district and is bounded on the north by Tamarack Street, on the south by Peach Street, on the west by North 5th Avenue and on the east by North 3rd Avenue. The area includes an improved BMX Park that has seen significant use and public investment in recent years. However, the overall area of the East Side Property exhibits a number of blighted conditions. 5. West Side Property – This parcel of land is bounded on the north by Oak Street, the south by Durston Road, on the east by what would be 8th Avenue and on the west by the future 11th Avenue, excluding Royal Vista, Royal Vista Addition, Royal Court and the west end of Birch. It directly abuts properties that front on the west side of North 7th Avenue. It is largely vacant and lacks adequate infrastructure and provides no access to areas to the west. In effect, it forms a barrier between the urban renewal district and the neighborhoods to the west. This in turn negatively affects revitalization efforts. 6. Northwest Site – This site is bounded on the south by Patrick Street, on the north by Baxter Lane, on the east by 11th Avenue and on the west by 15th Avenue. It is adjacent to several area hotels, but is largely vacant, and underutilized. 7. Murdoch’s Annexation Property – This site is comprised of 3.889 acres located on the north side of Murdoch’s, and addressed as 2507 and 2511 North 7th Avenue. This area is located between the existing North Seventh Avenue Urban Renewal District and an existing tax increment financing industrial district. Its exclusion has made it ineligible to benefit from various urban renewal and infrastructure programs. The investigation’s findings revealed that these areas exhibited conditions of blight as defined in the Montana Urban Renewal Law and that the improvement of these areas would benefit the overall North Seventh Avenue Urban Renewal program. On September 14, 2015, the Bozeman City Commission, with support from the NSURB, adopted Resolution 4639, a Resolution of 99 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 4 Necessity, finding that “the rehabilitation, redevelopment, or both of an area or areas are necessary in the interest of the public health, safety, morals, or welfare of the residents of the municipality.” (7-15-4210 MCA) This in turn, provided the basis for amending the existing urban renewal plan and district boundary to include any or all of these areas which were identified in the Resolution. Therefore this urban renewal plan amends the existing North Seventh Avenue Urban Renewal District to incorporate these additional areas. The ordinance adopting the amended plan and district boundary will also establish a new name for the District. It will be known as the Bozeman Midtown Urban Renewal District, to more accurately reflect the size and location of the areas included. Statement of Purpose – Bozeman Midtown Urban Renewal District Plan To address blighted conditions in the Midtown area, the City of Bozeman is continuing its program of redevelopment and revitalization within and adjacent to the North 7th Avenue corridor through the expansion of the urban renewal district. The new district boundary and amended plan will be adopted by ordinance, which will provide for a new name for the district – the Bozeman Midtown Urban Renewal District. The Plan includes a provision to use tax increment financing, as funds become available, in addition to other resources in implementing its goals and strategies. The Plan provides a context for activities that will be undertaken by a variety of public and private entities. It recommends a series of programs and projects that may be undertaken by the local government to encourage reinvestment in the district, which will in turn address conditions that have diminished the environmental, economic and cultural well being of the area over time. Although the Montana Urban Renewal Law recognizes that eliminating the conditions that are referred to as urban blight is a matter of general public interest, this Plan has been developed, based on the underlying principle that it is the citizens who work, reside and own property in the area who will be engaged directly in the revitalization effort. Guiding Principles This Urban Renewal Plan is a reflection of sound public policy and thoughtful planning. To this end the following principles, further described in Chapter 6, will guide revitalization and redevelopment efforts in the URD.  Readiness  Leveraging  Design  Public-Private Partnerships Tax Increment Financing The City of Bozeman will continue to utilize Tax Increment Financing (TIF) in conjunction with other funding sources to help foster revitalization within the Midtown URD. The base year for the purposes of measuring any incremental value within the original district boundaries will continue to be 2006, while the base year for the expanded portions of the district will be 2015. Tax Increment Financing is a state authorized, locally driven funding mechanism that allows cities and counties to direct property tax dollars that accrue from new development, within a specifically 100 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 5 designated district, to community and economic development activities. In Montana, TIF districts are authorized in parts 7-15-4201 and 4301, et. seq Montana Code Annotated (MCA), the State’s Urban Renewal Law. TIF districts are typically characterized by conditions that are defined as blight and/or infrastructure deficiencies that have limited or prohibited new investment. A base year is established from which "incremental" increases in property values are measured. Virtually all of the resulting new property tax dollars (with the exception of the six mill state-wide university levy) can be directed to redevelopment and economic revitalization activities within the area in which they are generated. Taxpayers located within a TIF district pay the same amount as they would if the property were located outside the district. TIF only affects the way that taxes, once collected, are distributed. Taxes that are derived from base year taxable values continue to be distributed to the various taxing jurisdictions – local and state government entities and school districts. Taxes derived from the incremental increase in taxable value are placed in a special fund for purposes set forth in an Urban Renewal Plan. Tax Increment Financing Districts are authorized for 15 years, but may be extended for up to an additional 25 years if TIF revenue bonds are sold any time during the first 15 years. Funds may be used for a variety of purposes as provided for in 7-15-4288 MCA and include improvements to vehicular and pedestrian transportation infrastructure, streetscapes, parks and landscaping, water and sewer lines and for connecting to infrastructure outside the district. While funds are typically used for public infrastructure investments, there are instances where local governments have used TIF funds to partner with private property owners to make improvements to historic buildings, to address life-safety issues and to enhance landscaping. The statutes also provide for the establishment of a TIF revolving loan program that can support private investment in the TIF District. Loan funds can continue to “revolve” beyond the life of the District. In order to proceed with the expansion of the district, formerly known as the North Seventh Avenue URD, the City of Bozeman was required to provide documentation that blighted conditions exist within the district and pass a Resolution of Necessity to address blighted conditions. The Montana Urban Renewal law states in 7-15-4210 MCA, that a municipality may not exercise any of the powers authorized by part 42 and 43 until after its local governing body has adopted a resolution finding that: (1) one or more blighted areas exist in the municipality as documented by the presence of at least three blighted conditions; and Tax Increment Financing Schematic 101 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 6 (2) the rehabilitation, redevelopment, or both of an area or areas are necessary in the interest of the public health, safety, morals, or welfare of the residents of the municipality. As noted above, the Resolution of Necessity – City of Bozeman Resolution 4639 was adopted on September 14, 2015. 102 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 7 Chapter 2. Description of the Bozeman Midtown Urban Renewal District The Setting The City of Bozeman is the county seat of Gallatin County located in southwest Montana. The City is named for John M. Bozeman who established the Bozeman Trail and was a key founder of the town in August 1864. The town became incorporated in April 1883 with a city council form of government and later in January 1922 transitioned to a city manager/city commission form of government. Bozeman residents approved a City Charter in the November 2006 general election. Bozeman was elected an All-America City in 2001 by the National Civic League. Bozeman is home to Montana State University and is served by Bozeman Yellowstone International Airport. (Wikipedia) Demographic and Economic Information The City of Bozeman is growing. According to 2014 Census estimates, there are 41,660 people living in the City of Bozeman, significantly higher than the 2010 Census figure of 37,280. The county’s population is projected to experience continued growth through 2060, from 97,197 in 2015 to 145,389 in 2060, an increase of nearly 50% (Montana Economic and Information Center). Census information, recorded over a one hundred year period, beginning in 1910, indicates that the City’s population has grown rapidly since 1950. The following figure presents population data for the City from 1910 to 2010, based on the decennial census. Source: Montana Census and Economic Information Center However, despite rapid growth, the City’s poverty rate at 21.2% is significantly higher than the poverty rates for Gallatin County, Montana and the nation, which are 14.1%, 15.2% and 15.4% respectively. (American Community Survey – ACS, 2009-2013). Median Household Income for residents living in Bozeman is $44,615, lower than the County’s median, which is $52,833 and somewhat lower than the state, at $46,230 and the nation, at $53,046 (ACS, 2009-2013). The following table shows employment in the City of Bozeman by industry. The “Educational services, health care and social assistance” sector employs the most people, followed by “arts, entertainment, and recreation, and accommodation and food services” and “retail trade”. 0500010000150002000025000300003500040000 City of Bozeman Population -1890 to 2010 Population 103 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 8 EMPLOYMENT BY INDUSTRY CITY OF BOZEMAN SOURCE: ACS 2009-2013 ESTIMATE MARGIN OF ERROR PERCENT PERCENT MARGIN OF ERROR Civilian employed population 16 years and over 21,647 +/-580 21,647 (X) Agriculture, forestry, fishing and hunting, and mining 499 +/-138 2.3% +/-0.6 Construction 1,247 +/-244 5.8% +/-1.1 Manufacturing 1,369 +/-298 6.3% +/-1.3 Wholesale trade 484 +/-154 2.2% +/-0.7 Retail trade 2,951 +/-415 13.6% +/-2.0 Transportation and warehousing, and utilities 485 +/-168 2.2% +/-0.8 Information 293 +/-125 1.4% +/-0.6 Finance and insurance, and real estate and rental and leasing 1,132 +/-309 5.2% +/-1.4 Professional, scientific, and management, and administrative and waste management services 2,613 +/-609 12.1% +/-2.7 Educational services, and health care and social assistance 5,544 +/-439 25.6% +/-2.1 Arts, entertainment, and recreation, and accommodation and food services 3,385 +/-472 15.6% +/-2.1 Other services, except public administration 895 +/-210 4.1% +/-1.0 Public administration 750 +/-306 3.5% +/-1.4 Urban Renewal Area Description As noted above, the original North Seventh Avenue Urban Renewal District includes the North 7th Avenue corridor and portions of adjacent neighborhoods to the east and west. The following brief history of the area is taken from a 2013 article in Bozeman Magazine written by Courtney Kramer, entitled Wrapping Signal Boxes In History. “North Seventh Avenue became an entryway to Bozeman during the mid-20th century, when automobile transportation eclipsed streetcars and trains. First as the road to Belgrade, then as a connection to Interstate 90, North Seventh Avenue developed as a car-oriented commercial area. In fact, for a short time in the early 1960s, travelers had to detour from I-90, south on Seventh Avenue, then East on Main and back onto I-90 while the road section between the North Seventh and East Main interchanges was under construction. As a result, motor court hotels (later shortened to “motels”) like the Rainbow Motel, the Royal Seven and the Rambler Motel (now known as the Bozeman Inn) developed to provide lodging facilities for travelers. Across I-90 the Starlight Drive-In provided a venue for movie-viewing from the comfort of the family car.” (bozemanmagazine.com/articles/2013/12/31/22635_wrapping-signal-boxes-in history) As noted above, today the corridor is a key community entryway, connecting Interstate 90 with Bozeman’s core, particularly the downtown and the Montana State University Campus. While North 7th Avenue originally featured street trees along most of the corridor, road reconstruction and the building of off-street parking required the removal of the trees over time. 104 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 9 Land Use in the Urban Renewal Area Generally, the Bozeman Midtown Urban Renewal District is characterized by a mixture of strip commercial (including big box stores, fast food restaurants, and motels), adjacent residential and some light industrial uses. As noted above, the core of the area is largely comprised of automobile oriented, strip commercial development built on and adjacent to North 7th Avenue in the 1960’s and 70’s, in response to transportation-related improvements to Interstate 90 and Oak Street. These improvements have significantly influenced the platting of land and land-use, access, traffic and circulation, and development patterns in the area. Residential properties include a mix of single- and multi-family dwellings. The Whittier School is located in the eastern portion district and serves area neighborhoods. The expansion areas include large vacant parcels, some park / open space lands and properties excluded from other TIF districts. Development of these areas has been limited by the lack of connectivity in the road system as well as other public infrastructure. Map of the North Seventh Avenue Urban Renewal District and Expansion Areas The existing North Seventh Avenue Urban Renewal area is shown in blue on the map below with each expansion area shown in yellow on the same map below. An enlarged map of each expansion areas is found starting on page 13. These maps are intended for visual display purposes and to assist the Montana Department of Revenue with certification. The accuracy of these maps shall not affect, impair or nullify this plan or the adoption process for this Urban Renewal District. 105 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 10 106 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 11 Legal Description of the Original North Seventh Avenue Urban Renewal District Beginning at the point of the southeast corner of Lot 7 Block 1 of the Springbrook Addition thence westerly approximately 270 feet to the southwest corner of Lot 17 Block 1 of the Springbrook Addition, thence westerly approximately 30 feet to the centerline of North 8th Avenue, thence northerly approximately 1,292 feet to the centerline of West Villard Street thence easterly approximately 30 feet to the southwest corner of Lot 8 of the Durston Subdivision, thence northerly approximately 665 feet, thence westerly approximately 4 feet, thence northerly approximately 214 feet to the centerline of West Peach Street, thence westerly approximately 65 feet to the southwest corner of Lot 18 Block 1 of Durstons Second Subdivision, thence northerly approximately 1980 feet to the southwest corner of Lot 3 Block 2 of the Vista Addition, thence easterly approximately 150 feet to the southwest corner of Lot 2 Block 2 Vista Subdivision, thence northerly approximately 645 feet to the northwest corner of Lot 14 Block 1 Vista Addition, thence westerly approximately 1246 feet along the southern boundary of the Oak Street right-of-way to the northwest corner of Tract 1 of C.O.S. 2082, thence northerly approximately 1706 feet down the centerline of North 11th Avenue to the south boundary of the Baxter Lane right-of-way, thence northerly approximately 70 feet across the Baxter Lane right-of-way, thence northerly approximately 170 feet across the MDOT right-of-way for Interstate 90 to the southwest corner of Lot 2 of the Wheat Commercial Subdivision, thence northwesterly approximately 1000 feet along the southern boundary of Tract A of C.O.S. 391A to the westernmost point, thence easterly approximately 800 feet to the northwest corner of Lot 1 of the Wheat Commercial Subdivision, thence easterly approximately 789 feet to a point approximately 25 feet from the northeast corner of Lot 12 of the Wheat Commercial Subdivision, thence northerly approximately 965 feet to the northwest corner of Lot 3 of the Gordon Mandeville School Section Subdivision, thence easterly approximately 440 feet to the west boundary of the North 7th Avenue right-of-way boundary , thence northerly approximately 1760 feet to a point where the west boundary of the North 7th Avenue right-of-way intersects the Burlington Northern right-of-way, thence southeasterly approximately 1,408 feet along the Burlington Northern right-of-way to the southeast corner of Lot 18A of the Amended Plat of the Gordon Mandeville State School Section Subdivision, thence westerly approximately 200 feet to the northeast corner of Lot 17 of the Gordon Mandeville School Section Subdivision, thence southerly approximately 481 feet to the southwest corner of Lot 20 of the Gordon Mandeville School Section Subdivision, thence southwesterly approximately 107 feet to the southeast corner of Lot 16 of the Gordon Mandeville School Section Subdivision, thence westerly approximately 260 feet to the northeast corner of Lot 15B of Minor Subdivision #49, thence southerly approximately 686 feet to a point along the north boundary of Lot 20 of the Industrial Park Subdivision approximately 20 feet west of the northeast corner of said lot, thence westerly approximately 340 feet to the northeast corner of Lot 22 of the Industrial Park Subdivision, thence southerly approximately 698 feet to the southwest corner of Lot 14 of the Industrial Park Subdivision, thence southeasterly approximately 100 feet to the northwest corner of Lot 3A of the Industrial Park Subdivision, thence southerly approximately 550 feet along the east boundary of Lot 3A of the Industrial Park Subdivision across the MDOT right-of-way of Interstate 90 to a point along the north boundary of Lot 1 of Minor Subdivision #109 approximately 486 feet from the northeast corner of said lot, thence southeasterly approximately 486 feet to the northeast corner of Lot 1 of Minor Subdivision #109, thence southeasterly along the MDOT right-of-way for Interstate 90 S72°17'38"E a distance of 324.41 feet and along a non-tangent curve to the right having a radial bearing of S17°44'19"W and a radius of 22,795.00 feet a distance of 107 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 12 1096.81 feet to the northwest corner of Tract 2 of Certificate of Survey No. 2128B; thence along the westerly line of said Tract 2 S01°26'44"E a distance of 372.92 feet and S47°04'50"W a distance of 207.62 feet to a point on the north right-of-way line of West Oak Street, thence westerly approximately 1111’ to the centerline of North 3rd Avenue, thence southerly approximately 1523 feet to the centerline of West Tamarack Street, thence westerly approximately 776 feet to a point approximately 30 feet north of the northwest corner of Lot 11 Block 2 of the 7th Addition, thence southerly approximately 1443 feet along the west side of the right-of-way for North 5th Avenue to the southeast corner of Lot 6 Block 1 of the Violett Addition, thence westerly approximately 401 feet to the centerline of the alleyway intersection of West Short Street, thence southerly approximately 522 feet to the centerline of West Villard Street, thence easterly approximately 249 feet to a point approximately 30 feet north of the northwest corner of Lot 6 Block 2 of Border Tract 13, thence southerly approximately 30 feet to the northwest corner of Lot 6 Block 2 of Border Tract 13, thence southerly approximately 556 feet to the southeast corner of Lot 7 Block E Tracy’s 3rd Addition, thence southerly approximately 30 feet to the centerline of West Lamme Street, thence westerly approximately 85 feet to a point approximately 30 feet north of the northeast corner of Lot 33 Block E Tracy’s 2nd Addition, thence southerly approximately 68 feet to the southeast corner of Lot 10 Block E Tracy’s Addition, thence westerly approximately 368 feet to the southeast corner of Lot 7 Block 1 of the Springbrook Addition, the point of beginning. Descriptions and Maps of the Expansion Areas. This information is intended to assist the Montana Department of Revenue with certification. The accuracy of this information shall not affect, impair or nullify this plan or the adoption process for this Urban Renewal District. 1. Southern Boundary Area, North Side of West Main Street – This area is bounded by Lamme Street on the north, West Main Street on the south, North 3rd Avenue on the east and North 6th Avenue on the west. Description: The Southern Boundary Area, North Side of West Main Street includes: Lots 35-36, Block E, Tracy’s 2nd Addition Lots 1-7, and 10A, Block E, Tracy’s 2nd Addition Lots 1-21, Block D, Tracy’s 2nd Addition Lots 22-33, Block D, W.H. Tracy’s Addition to Bozeman (Tracy’s 1st Addition) Lots 1-9, plus east ½ of Lot 10 and Lots 39-48, and vacated alley adjacent to lots 3-9 and Lots 40-46, Block E,W.H. Tracy’s Addition to Bozeman (Tracy’s 1st Addition) 2. Southern Boundary Area, South Side of West Main Street – This area is bounded on the north by West Main Street, on the south by West Babcock Street, on the west by South 9th Avenue and on the east by South 5th Avenue. Description: The Southern Boundary Area, South Side of West Main Street include all of the parcels bound by West Main Street, 7th Avenue South, West Babcock Street and 9th Avenue South, including a vacated street; and Lots 1–21, Block E, Story Addition. 108 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 13 Map of Expansion Areas 1. and 2. Southern Boundary Area 3. The Whittier School Remainder – While some of the Whittier School property is in the original district, a portion of the property owned by the School District was not included. The area is directly south and southwest of the Whittier School and includes the playground and the school parking lot. Description: Lots 1 and 2, Block 3 of the Violett Addition, and Lots 1 and 18 and the north 26 feet of Lots 2 and17 of the Violett Addition plus the adjacent vacated alley. 4. East Side Property – This area is located to the east of the existing urban renewal district and is bounded on the north by Tamarack Street, on the south by Peach Street, on the west by North 5th Avenue and on the east by North 3rd Avenue. Description: Parcels found in the block, located in the southeast quarter of the southeast quarter of Section 1, Township 2 South, Range 5 East, which is bordered on north by West Tamarack Street, on the south by West Peach Street, on the east by North 3rd Avenue, and on the west by North 5th Avenue. 109 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 14 Map of Expansion Areas 3. The Whittier School Remainder and 4. East Side Property 5. West Side Property – This parcel of land is bounded on the north by Oak Street, the south by Durston Road, on the east by what would be 8th Avenue and on the west by the future 11th Avenue, excluding Royal Vista, Royal Vista Addition, Royal Court and the west end of Birch. It directly abuts properties that front on the west side of North 7th Avenue. Description Parcels located within that portion of the west half of the southeast quarter of Section1, Township 2 South, Range 5 East described as follow: Beginning at the South ¼ corner of Section 1, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana: thence northerly along the midsection line of said Section 1 a distance of 1999. 67 feet to the southwest corner of Tract 1, C.O.S. 2082; thence easterly along the south line of said Tract 1 and the south line of Royal Vista Addition a distance of 940 feet more or less the southwest corner of Lot 3 Block 2 of Royal Vista Addition, thence southerly a distance of 2000 feet more or less to the south section line of Section 1, thence westerly to the point of beginning. 110 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 15 Map of Expansion Area 5. West Side Property 6. Northwest Site – This site is bounded on the south by Patrick Street, on the north by Baxter Lane, on the east by 11th Avenue and on the west by 15th Avenue. Description Parcels described as Lots 1, 2, and 3 of Block 3, Phase 2, and Lot 6(6a), Phase 1 PT Land Subdivision located in Section 1, Township 2 South, Range 5 East. 111 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 16 Map of Expansion Area 6. Northwest Site 7. Murdoch’s Annexation Property – This site is comprised of 3.889 acres located on the north side of Murdoch’s, and addressed as 2507 and 2511 North 7th Avenue. Description: Tracts 5, 6, 9 and 10 of the Gordon Mandeville State School Subdivision, in Section 36, Township 1 South, Range 5 East. 112 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 17 Map of Expansion Area 7. Murdoch’s Annexation Property Legal Description of the Bozeman Midtown Urban Renewal District Beginning at the South ¼ corner of Section 1, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana: thence northerly along the mid section line of said Section 1 a distance of 1999. 67 feet to the southwest corner of Tract 1, C.O.S. 2082; thence easterly along the south line of said Tract 1 and the south line of Royal Vista Addition a distance of 1034.42 feet to the centerline of the alley in Block 2 of Royal Vista Addition; thence northerly along said alley centerline a distance of 646.50 feet to the north line of Royal Vista Addition; thence westerly along said north line of Royal Vista Addition and the north line of Tract 1 of C.O.S. 2082 a distance of 1095.87 feet to the northwest corner of said Tract 1; thence northerly along the centerline of N. 11th Avenue a distance of 858 feet to the intersection of the centerline of N. 11th Avenue and the centerline of Patrick Street; thence westerly along the centerline of Patrick Street to the southwest corner of Lot 6, PT Lands Subdivision Phase 1; thence northerly along the west line of said Lot 6 a distance of 1644.04 feet to the northwest corner of said Lot 6; thence northeasterly across the right-of-way of Baxter Lane and Interstate Highway 90 a distance of 491 feet more or less to the northwest corner of Tract A, C.O.S. 391A; thence easterly along the north line of said Tract A a distance of 905.89 feet to the north ¼ corner of Section 1, Township 2 South, Range 5 East; thence easterly along the north line of said Section 1 a distance of 707.03 feet; thence northerly along the west line of Flora Lane a distance of 1485.41 to a point; thence easterly across Flora Lane and along the north line of Lots 6 and Lot 9 of Gordon Mandeville State School Section Subdivision a 113 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 18 distance of 440.0 feet to the west line of N. 7th Avenue (also known as U.S. Highway 10); thence northerly along said west line of N. 7th Avenue extended to a point on the southerly right-of-way of the Burlington Northern Railroad; thence southeasterly along said railroad right-of-way a distance of 254 feet more or less to the north corner of Tract 19B, Amended Plat E-38-D, Gordon Mandeville State School Section Subdivision; thence southeasterly along said railroad right-of-way a distance of 1119.74 feet to the northeast corner of Lot 20 of Gordon Mandeville State School Section Subdivision; thence westerly along the north line of said Lot 20 a distance of 198.88 feet to the northeast corner of Lot 17 of Gordon Mandeville State School Section Subdivision; thence southerly along the east line of Lots 17 and 16 of Gordon Mandeville State School Section Subdivision a distance of 609.35 feet; thence southwesterly along the east line of said Lot 16 a distance of 82.30 feet; thence southerly along the east line of said Lot 16 a distance of 25.00 feet; thence along the south line of said Lot 16 a distance of 247.35 feet; thence southerly along the west line of Lots 28 and 27 of Gordon Mandeville State School Section Subdivision a distance of 609.35 feet to the southwest corner of said Lot 27; thence southerly across the right-of-way of West Griffin Drive a distance of 85 feet to a point on the south line of West Griffin Drive, said point being 28.14 feet west of the northeast corner of Lot 20, McChesney Industrial Park Subdivision; thence easterly along the north lines of Lots 20, 21A, and 22 of McChesney Industrial Park Subdivision a distance of 328.14 feet to the northeast corner of said Lot 22; thence southerly along the east lines of Lots 22 and 15 of McChesney Industrial Park Subdivision a distance of 707.75 feet to the southeast corner of said Lot15; thence southeasterly across the right-of-way of Nikles Drive a distance of 100 feet more or less to the northwest corner of Lot 3A of McChesney Industrial Park Subdivision; thence easterly along the north line of said Lot 3A a distance of 100 feet to the northeast corner of said Lot 3A; thence southerly along the east line of said Lot 3A a distance of 362.86 feet to the southeast corner of said Lot 3A; thence southerly across the right-of-way of Interstate Highway 90 a distance of 288 feet more or less to the north corner of Lot 1A of Minor Subdivision 109C, said point also being on the south right-of-way of Interstate Highway 90; thence southeasterly along said right-of-way a distance of 1942.55 feet to the northwest corner of Tract 2, C.O.S. 2128B; thence southerly along the west line of Tract 2, C.O.S. 2121B a distance of 372.92 feet; thence southwesterly a distance of 292.6 feet more or less to a point on the east-west mid-section line of Section 6, Township 2 South, Range 6 East, said point being 1117 feet east of the west ¼ corner of said Section 6; thence westerly along said mid-section line 1117 feet to the west ¼ corner of said Section 6; thence southerly a distance of 2663.4 feet to the southwest corner of Section 6, Township 2 South, Range 6 East, said point also being on the centerline of Peach Street; thence westerly along the centerline of Peach Street a distance of 777.35 feet to the west line of N. 5th Avenue; thence southerly along the west line of N. 5th Avenue a distance of 523.6 feet to the northeast corner of Lot 3, Block 4, Violett Addition; thence westerly along the north line of Lots 3 and 16 of Block 4, Violett Addition, a distance of 242.98 feet; thence northwesterly across the right-of-way of N. 6th Avenue a distance of 52 feet more or less to the southeast corner of Lot 2, Block 3, Violett Addition; thence westerly along the south line of said Lot 2 a distance of 117 feet to the centerline of the alley in Block 3, Violett Addition; thence southerly along said alley centerline a distance of 386 feet to the centerline of W. Villard Street; thence easterly along the centerline of W. Villard Street a distance of 253 feet; thence southerly along the extended west line of Block 6, Karps Addition a distance of 388 feet to the south line of W. Beall Street; thence easterly along the south line of W. Beall Street a distance of 27.5 feet to the northwest corner of Lot 29, Block E, Tracys 3rd Addition; thence southerly along the west lines of Lots 29, 25, and 5 of Block E, Tracys 3rd Addition to the southwest corner of said Lot 5; 114 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 19 thence southwesterly across the right-of-way of W. Lamme Street a distance of 66 feet more or less to the northeast corner of Lot 36, Block E, Tracys 2nd Addition; thence southerly along the east line of said Lot 36 to a point on the centerline of the alley in Block E, Tracys 2nd Addition; thence easterly along the centerline of the alley in Block E and Block D of Tracys 2nd Addition to the west line of N. 3rd Avenue; thence southerly along the west line of N. 3rd Avenue to the southeast corner of Lot 1, Block D, Tracys 2nd Addition; thence westerly along the south line of said Block D to the southwest corner of Lot 9 of said Block D; thence southerly across the right- of-way of W. Mendenhall Street a distance of 56 feet more or less to the northeast corner of Lot 33, Block D, Tracys 1st Addition; thence southerly along the east line of said Lot 33 140 feet to the north line of the alley in Block D, Tracys 1st Addition; thence westerly along said north line of the alley 388 feet to the west right-of-way line of N. 5th Avenue; thence southerly along the west right-of-way line of N. 5th Avenue 160 feet to the north line of W. Main Street; thence southwesterly across the right-of-way of W. Main Street a distance of 93 feet more or less to northeast corner of Lot 1, Block E, Storys Addition; thence southerly along the east line of said Lot 1 a distance of 138 feet to a point on the centerline of the alley in Block E, Storys Addition; thence westerly along said alley centerline a distance of 660 feet to the centerline of S. 7th Avenue; thence southerly along the centerline of S. 7th Avenue a distance of 168 feet to the centerline of W. Babcock Street; thence westerly along the centerline of W. Babcock Street a distance of 690 feet to the centerline of S. 9th Avenue; thence northerly along the centerline of S. 9th Avenue a distance of 321 feet to the centerline of W. Main Street; thence easterly along the centerline of W. Main Street a distance of 445 feet to the centerline of N. 8th Avenue; thence northerly along the centerline of N. 8th Avenue a distance of 1373.8 feet to the north line of W. Villard Street; thence easterly 30 feet to the southeast corner of Lot 14C, Kibbey Plaza Subdivision; thence along the following courses along the east line of Kibbey Plaza Subdivision: northerly 665.1 feet, westerly 4.0 feet, and northerly 200.03 feet to the south line of Durston Road; thence westerly along the south line of Durston Road a distance of 1052.91 feet; thence northerly 32 feet to the South ¼ corner, Section 1, Township 2 South, Range 5 East, the point of beginning. Parcels A list of parcels within the district was obtained from the Montana Department of Revenue to meet the requirements for mail notice and certification. The list of parcels included identifying geocodes and the following information. • Property owners’ names, property address and mailing addresses of all properties with geocodes for every property in the district. • All centrally assessed properties and their geocodes within the district. An estimate of the number of miles of railroad tracks. • Personal property within the district and the corresponding assessor codes • Mobile homes/manufactured homes not attached to real property within the district and their assessor codes This information is intended to help document notice requirements and assist the Montana Department of Revenue with certification. The veracity of this information, obtained from the Montana Department of Revenue, shall not affect, impair or nullify this plan or the adoption process for this Urban Renewal District. 115 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 20 Chapter 3. Documentation of Blight Defining Blight As noted above, according to 7-15-4210 MCA, a municipality may only adopt a Resolution of Necessity to create an urban renewal district, if at least three conditions of blight, as defined in 7-15-4206 MCA, exist in all or part of the area under consideration. Montana law sets forth the specific conditions that constitute blight. In particular, state statute defines a blighted area as one that substantially impairs or arrests the sound development of communities, or constitutes an economic or social liability. Per 7-15-4206(2), MCA, a “blighted area” may be identified as such by reason of: (a) the substantial physical dilapidation; deterioration; defective construction, material, and arrangement; or age obsolescence of buildings or improvements, whether residential or nonresidential; (b) inadequate provision for ventilation, light, proper sanitary facilities, or open spaces as determined by competent appraisers on the basis of an examination of the building standards of the municipality; (c) inappropriate or mixed uses of land or buildings; (d) high density of population and overcrowding; (e) defective or inadequate street layout; (f) faulty lot layout in relation to size, adequacy, accessibility, or usefulness; (g) excessive land coverage; (h) unsanitary or unsafe conditions; (i) deterioration of site; (j) diversity of ownership; (k) tax or special assessment delinquency exceeding the fair value of the land; (l) defective or unusual conditions of title; (m) improper subdivision or obsolete platting; (n) the existence of conditions that endanger life or property by fire or other causes; or (o) any combination of the factors listed in this subsection (2).” (Montana Laws) Blighted Conditions in the Midtown area of Bozeman Areas of blight as defined by 7-15-4206(2), MCA, exist within the Midtown area, which includes the existing North Seventh Avenue Urban Renewal District, associated with some or all of the following: • physical dilapidation, deterioration, age obsolete structures and private improvements – with respect to but not limited to such things as buildings, facades, signage, irrigation, ADA compliance, parking facilities, paving, storm drainage, life safety and landscaping; • physical dilapidation, deterioration, age obsolete quasi-public improvements – such as but not limited to overhead electric lines, gas lines, lack of or limited communication lines and services (broadband, dark fiber, etc.); • physical dilapidation, deterioration, age obsolete public structures and improvements - with respect to but not limited to such things as buildings, life safety, signage, storm drainage, lighting, parks, landscaping, irrigation, playground equipment, fencing, parking facilities, paving, fire hydrants, streets, curbs, gutters, and sidewalks; 116 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 21 • inadequate provision of ventilation, light, proper sanitary facilities, or open spaces based on the building standards of the municipality – with respect to but not limited to such things as adequate landscaped areas, green space, gathering areas, event venues, parks, use of non-permanent sanitary facilities, street lighting, bike paths, and pedestrian trails; • inappropriate or mixed uses of land or building - such as but not limited to low density or vacant lands in the urban core, industrial uses in commercial areas, vehicular focused uses in pedestrian centric areas, lack of connectivity to adjacent residential neighborhoods, and uses which are not in conformance, accordance or compliance with current plans, standards or codes; • inappropriate density of population – such as but not limited to low density or vacant lands in the urban core, and density of land which is not in conformance, accordance or compliance with current plans, standards or codes; • defective or inadequate street layout – including but not limited to dead end streets and sidewalks, incomplete streets, and lack of street lighting, lack of curb, gutter, or sidewalks; • faulty lot layout in relation to size, adequacy, accessibility, or usefulness – including but not limited to large lots which need to be subdivided to be useful, lots that are too small to be useful, poor drainage and lots with excessive or undeveloped accesses not in conformance, accordance or compliance with current plans, standards or codes; • inappropriate land coverage - including but not limited to low density or vacant lands in the urban core, and land coverage not in conformance, accordance or compliance with current plans, standards or codes • unsanitary or unsafe conditions – including but not limited to uncontrolled accesses, deteriorating improvements, barb wire fencing, inadequate storm drainage and broken sidewalks; • deterioration of site – including but not limited to broken or missing curb, gutter, sidewalks, paving, fencing, irrigation, landscaping, and signage not in conformance, accordance or compliance with a current plans, standards or codes; • diversity of ownership – including but not limited to impediments to rehabilitation from multiple owners of a single property, estate ownership, and impediments to parcel consolidation for redevelopment due to ownership; • tax or special assessment delinquency exceeding the fair value of the land • defective or unusual conditions of title – including but not limited to “no build” restrictions on remainder parcels; • improper subdivision or obsolete platting – including but not limited to remainder parcels, small lots, unsubdivided lots, and lots that are not in conformance, accordance or compliance with current plans, standards or codes; • the existence of conditions that endanger life or property by fire or other causes – including but not limited to buildings or properties that may not meet life safety standards such as fire sprinklers, fire hydrants and ADA compliance; and • any combination of the factors described above Blighted Conditions in the Original North Seventh Avenue Urban Renewal District The Statement of Blight prepared as a basis for the creation of the North Seventh Urban Renewal District in 2006 specifically identified the following conditions of blight: 117 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 22 • The defective or inadequate street layout identified within the study area; • Instances of known deterioration; • Three inadequate provisions and/or age obsolescence of the following public improvements within the study area: storm drain, streets and sidewalks; • Instances of age obsolescence of buildings within the study area; • Inappropriate or mixed uses of land or buildings; • Deterioration of site; and • Improper subdivision or obsolete platting. Blighted Conditions in the Expansion Areas The review of the areas identified for inclusion in the existing North Seventh Avenue Urban Renewal District revealed that these areas exhibited conditions of blight as defined in the Montana Urban Renewal Law. Following is a description of some of the blighted conditions that were identified in each of the areas examined. 1. and 2. Southern Boundary Areas – These areas, located between two existing urban renewal districts, the North Seventh Avenue and the Downtown Urban Renewal Districts were examined. The conditions of blight in these two areas are similar to those found inside each of these districts and their exclusion has resulted in diminished investment in parcels along this connecting corridor. More particularly, the areas exhibit a number of blighted conditions including but are not limited to the following: • Age obsolescence of buildings and improvements – Physically, these areas are suffering from deferred maintenance and deterioration of both buildings and empty spaces. Many of the structures in these areas are older and exhibit signs of deterioration. For example, the hotel pictured here was recently closed, is now vacant and building/fire code issues preclude it from re-opening. Alleys are of particular concern, especially in cases where alleys provide primary access to parking facilities. Alleys are unpaved and ungraded. • Inappropriate uses of land – Although adjacent to two key commercial districts, the areas are characterized by lower density development, which results in lower land values and less efficient use of public infrastructure and services. • Unsafe conditions – Parking lots and adjacent alleys, in some cases, have uncontrolled access. The designs of parking lots, alleyways, and driveways create blighted conditions that diminish the value of property in the area and present hazards for pedestrians. The age obsolescence of some structures and aging public infrastructure may also endanger life or property. 3. The Whittier School Remainder – A portion of the property owned by the School District was left out of the original urban renewal district. The area is directly adjacent to the Whittier School and includes the playground and the school parking lot. Conditions of blight in this area include but are not limited to: 118 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 23 • Age obsolescence – The facilities on the site are older and have been identified by the School District as in need of improvements. • Defective or inadequate street layout – The alley adjacent to the school property is unpaved. • Unsafe conditions – Deteriorating sidewalks in this area present hazards to pedestrians 4. East Side Property – This area is located to the east of the existing urban renewal district and is bounded on the north by Tamarack Street, on the south by Peach Street, on the west by 5th Avenue and on the east by 3rd Avenue. The area includes an improved BMX Park that has seen significant use and public investment in recent years. However, the overall area of the East Side Property exhibits a number of blighted conditions including but not limited to the following: • Inappropriate uses of land – The land is largely vacant and underutilized. Its value is diminished by poor access. • Defective or inadequate street layout – The area lacks adequate streets, sidewalks, curbs and gutters. • Faulty lot layout in relation to size, adequacy, accessibility, or usefulness – In addition to poor access, the site has poor drainage. • Deterioration of site/Unsafe conditions – The overall area is not maintained and there are rough areas that present hazardous conditions. 119 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 24 5. West Side Property – This parcel of land is bounded on the north by Oak Street, the south by Durston Road, on the east by what would be 8th Avenue and on the west by 11th Avenue, excluding Royal Vista, Royal Vista Addition, Royal Court and the west end of Birch. It directly abuts properties that front on the west side of North 7th Avenue. It is largely vacant and lacks adequate infrastructure and provides no access to areas to the west. In effect, it forms a barrier between the urban renewal district and the neighborhoods to the west. This in turn negatively affects revitalization efforts. Specific blighted conditions include but are not limited to: • Inappropriate uses of land – Although adjacent to the North 7th Avenue corridor, the area is characterized by lower density development, which results in lower land values and less efficient use of public infrastructure and services. • Defective or inadequate street layout – The area has no transportation infrastructure – North 8th Avenue ceases to exist here. There are no sidewalks, curbs or gutters. • Faulty lot layout in relation to size, adequacy, accessibility, or usefulness – As noted above, there is no access to the site and the site exhibits drainage problems. • The existence of conditions that endanger life – Much of the property is fenced using barbed wire. There is no safe pedestrian access. 6. Northwest Site – This site is bounded on the south by Patrick Street, on the north by Baxter Lane, on the east by 11th Avenue and on the west by 15th Avenue. It is adjacent to several area hotels, but is largely vacant, and underutilized. Blighted conditions include but are not limited to: • Inappropriate uses of land – the area is characterized by lower density development, which results in lower land values and less efficient use of public infrastructure and services. • Defective or inadequate street layout – The road infrastructure is limited. Existing roads, including the minor arterial North 15th Avenue, “dead end” in several places resulting in poor access to much of the site. • Faulty lot layout in relation to size, adequacy, accessibility, or usefulness – The site is characterized by poor drainage, and no access to adjacent properties. Sidewalks, curbs and gutters are generally missing. • The existence of conditions that endanger – Much of the property is fenced using barbed wire. There is no safe pedestrian access. 120 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 25 7. Murdoch’s Annexation Property – This site is comprised of 3.889 acres located on the north side of Murdoch’s, and addressed as 2507 and 2511 North 7th Avenue. These lots were recently annexed into the City of Bozeman. This area is located between an existing urban renewal district and an existing tax increment financing industrial district. Its exclusion has made it ineligible to benefit from various urban renewal and infrastructure programs. Conditions of blight include but are not limited to: • Age obsolete structures and improvements – Physically, these areas are suffering from deferred maintenance and deterioration of both buildings and empty spaces. Many of the structures in these areas are older and exhibit signs of deterioration. • Inappropriate uses of land – These industrial uses result in lower land values and less efficient use of public infrastructure and services. • Defective or inadequate street layout – Street improvements, including but not limited to paving, curb/gutter and storm drainage facilities for North 7th Avenue, as well as for the adjacent local streets are needed. 121 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 26 Additional Findings In addition to the findings addressed in the Statements of Blight prepared for the original North Seventh Avenue Urban Renewal District and for the North Seventh Avenue Urban Renewal District Expansion Areas, the Bozeman Midtown Urban Renewal District also faces other challenges. While the conditions described below are not specifically listed in the statutory definition of blight, they do “substantially impair or arrest the sound development of communities, (and) constitute an economic or social liability”. (7-15-4206 MCA) Connectivity The lack of critical transportation infrastructure results in poor multi-modal connectivity to area neighborhoods, public facilities and other destinations. Land Use While the 2006 Urban Renewal Plan notes the importance of residential neighborhoods to the health and well-being of the entire District, the current development patterns to not support live-work opportunities. Mixed use development that meets both residential and commercial needs is generally missing within the Midtown area. The Whittier School is within the District but its potential to draw new residential development within existing neighborhoods has not been realized. Pedestrian Infrastructure The lack of pedestrian oriented transportation infrastructure makes it difficult to encourage live-work settings, where employees are unable to walk or ride bicycles to their workplace. The current design of intersections within the district presents obstacles to pedestrians attempting to cross major thoroughfares. Broadband Services Portions of Bozeman and the District lack consistent, reliable area-wide high-speed Internet services. This puts the Midtown area at a disadvantage when trying to retain and recruit businesses that are increasingly relying on electronic communication for themselves and their customers as well as requiring access to “the cloud” for data storage. Streetscape The Bozeman Midtown Urban Renewal District lacks a unifying theme. It’s role as a key entryway into the City has been diminished through the lack of adequate design features including but not limited to landscaping, lighting, and associated pedestrian amenities. 122 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 27 Chapter 4. Planning Consistency Planning Consistency Per Section 7-15-4213, MCA, prior to its approval of an urban renewal project, the local governing body shall submit the urban renewal project plan to the planning commission of the municipality for review and recommendations as to its conformity with the growth policy and the planning commission shall submit its written recommendations to the local governing body. An extensive review is found in Appendix B. The efforts of local Planning Boards to prepare land use recommendations for the Bozeman area began in 1955, when the first municipal Planning Board was formed. In April of 1958, S.R. DeBoer & Company (planning consultants from Denver, CO) prepared Bozeman’s first Master Plan. It included studies on transportation, street planning, zoning districts, parks and recreation, schools, park roads, and sanitation and health. The City made significant progress in comprehensive planning with the October 2001 adoption of the Bozeman 2020 Community Plan (2020 Plan). The 2020 Plan wholly replaced all previous comprehensive plans and complied with the new planning standards. The 2020 Plan recognized the changing nature of the economy and expanding knowledge of community development standards and consequences. The 2020 Plan also put a higher emphasis on coordinated land use and physical infrastructure planning. The Bozeman Community Plan was duly adopted as the current growth policy by the Bozeman City Commission by City of Bozeman Resolution No. 4163, dated June 1, 2009. In addition, Bozeman has completed many infrastructure and topic plans that have some influence on the area included under the Bozeman Midtown Urban Renewal District Plan. Some applicable plans are: • Design and Connectivity Plan for North Seventh Avenue Corridor. • Design Objectives Plan for Entryway Corridors. • Design Guidelines for Historic Preservation and the Neighborhood Conservation Overlay. North Seventh Avenue Urban Renewal District Plan; October, 2006 In August of 2005, the Bozeman City Commission adopted Resolution 3839, a Resolution of Necessity, and subsequently approved Ordinance 1685, on November 27, 2006, which created the North Seventh Avenue Urban Renewal District and adopted the North Seventh Avenue Urban Renewal Plan with a provision for tax increment financing, to be calculated using a base year of 2006. The following excerpts and specific statements were included in the 2006 North Seventh Avenue Urban Renewal Plan demonstrating conformance with the Bozeman 2020 Community Plan and describing the land uses and zoning in the area at that time. “Growth Policy Land Use Designations The Bozeman 2020 Community Plan designates the area along the N 7th Corridor as Neighborhood Commercial, Regional Commercial and Industrial. Some of the area east of N 5th Avenue between Tamarack and Oak is designated Residential and the area east along Oak Street contains Regional Commercial and Industrial designations. 123 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 28 Zoning Classifications The District primarily consists of “B-2 Community business District” zoned parcels. East of the corridor, two large vacant parcels are zoned “R-4 Residential High Density District”, and “M-1 Light Manufacturing” zoned parcels are located on the north end of the study area Land Area The District encompasses roughly 323 acres or approximately 30 of the approximately 10,763 acres which comprised the total area of the city of Bozeman in August, 2005. Land Use The District primarily includes areas of commercial, residential, agricultural, industrial, and public uses. Commercial Activity The District includes one of the city’s oldest auto oriented commercial strips. Much of the area was developed more than fifty years ago and much has been developed or will develop largely due to the influences of transportation features, particularly North Seventh Avenue, Interstate 90 and Oak Street. These transportation corridors shape many of the elements of the District including platting of land and land use, access, traffic and circulation, and development patterns Residential Neighborhoods Well established and well kept residential neighborhoods adjoin North Seventh Avenue commercial development on both the east and west. A portion of these neighborhoods is included in the District to assure that redevelopment of the Corridor includes careful consideration of the issues associated with these established residential areas.” Review of the Bozeman Midtown Urban Renewal District Plan’s Consistency with the Bozeman Community Plan To comply with state statute, this Bozeman Midtown Urban Renewal District Plan must be reviewed by the Bozeman City Planning Board and found to be in conformance with the Bozeman Community Plan. On October 20th, 2015 the City Planning Board reviewed the Bozeman Midtown Urban Renewal District Plan as outlined in this chapter and found it to be in conformance with the growth policy as required by 7-15-4213 MCA. Growth Policy Review The Bozeman Community Plan was reviewed in order to determine whether the growth policy adequately supports the urban renewal project (per 7-15-4213 MCA). The Bozeman Community Plan has been found to include: • Goals and Objectives that support the urban renewal, economic development, and development of infrastructure that encourages urban renewal and economic development in the community. • The inclusion of tax increment financing among the strategies to be implemented to achieve the Bozeman Community Plan’s goals and objectives. • The identification of land use through maps and/or text of lands. An overall review of the goals and objectives of the growth policy indicates no conflicts for an urban renewal project with the growth policy. The following selections from the Bozeman Community Plan demonstrate conformance of the Bozeman Midtown Urban Renewal District Plan to the vision, goals and objectives of the Bozeman Community Plan. 124 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 29 Specific Goals and Objectives in the Bozeman Community Plan furthering urban renewal and economic stability for the prevention and the elimination of urban blight.  Land Use Objective LU-1.4: Provide for and support infill development and redevelopment which provides additional density of use while respecting the context of the existing development which surrounds it. Respect for context does not automatically prohibit difference in scale or design.  Land Use Objective LU-2.3: Encourage redevelopment and intensification, especially with mixed uses, of brownfields and underutilized property within the City consistent with the City’s adopted standards. Using this approach rehabilitate corridor based commercial uses into a pattern more supportive of the principles supported by commercial centers.  Land Use Objective LU-4.4: Review and revise the City’s regulations to encourage and support sustainability in new construction and rehabilitation or redevelopment of existing areas.  Economic Development Objective ED-1.2: Coordinate the provision of infrastructure necessary to support economic development.  Economic Development Objective ED-1.4: Encourage ongoing improvements in private infrastructure systems, such as telecommunications, and promote state-of- the-art facilities.  Economic Development Objective ED-1.6: Utilize the City’s economic development and urban renewal plans to stimulate investment and maintain a health and vibrant economy.  Economic Development Objective ED-1.8: Leverage local, state, and federal economic development resources to enhance economic growth in Bozeman.  Economic Development Objective ED-2.4: Foster a diverse economy that will protect the economic climate for existing businesses and maintain opportunities for business expansion.  Economic Development Objective ED-2.9: Create a more collaborative and effective working partnership between the business community and the City of Bozeman and effectively manage the City of Bozeman’s regulatory environment to accomplish goals without hindering business expansion and economic growth. Evaluation of the Bozeman Midtown Urban Renewal District Plan for conformance with Overall Principles and Goals of the Bozeman Community Plan.  In conformance with the growth policy, the Bozeman Midtown Urban Renewal District Plan seeks to provide long term economic stability and to use planning and the development of public infrastructure as tools for well managed growth. The goals of the Bozeman Midtown Urban Renewal District as stated in the Urban Renewal District Plan are: Goal #1 Promote Economic Development Goal #2 Improve Multi-Modal Transportation Goal #3 Improve, Maintain and Support Innovation in Infrastructure Goal #4 Promote Unified, Human Scale Urban Design Goal #5 Support Compatible Urban Density Mixed Land Uses Growth Policy Implementation 125 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 30 The following selections from the Bozeman Community Plan demonstrate conformance of the Bozeman Midtown Urban Renewal District Plan to the implementation strategies and tools of the growth policy. Identified implementation tools and strategies, including tax increment financing, which help to achieve the Bozeman Community Plan’s goals and objectives.  Provides a foundation for programs as well as more detailed plans, such as urban renewal district plans with tax increment financing programs.  Describes the use of alternative funding mechanisms when distinct beneficiary populations or interest groups can be identified and more equitably served (such as tax increment financing).  Encourages development within the City of Bozeman.  Encourages infill and redevelopment.  Continues programs which support adaptive reuse and reinvestment.  Encourages commercial and residential development or redevelopment of identified infill areas through the use of and publicizing of incentives, such as, but not limited to, public infrastructure funding support  Supports standards for infill development and redevelopment.  Supports the creation and expansion of local businesses.  Maintains and seeks to expand resources available through urban renewal districts.  Increases awareness of existing economic and other benefits of and further develop incentives for locating and operating within City limits.  Recognizes sustainability as a component of economic development. Evaluation of the conformance of the Bozeman Midtown Urban Renewal District Plan with the implementation tools and strategies in the Bozeman Community Plan.  The Bozeman Midtown Urban Renewal District Plan takes advantage of the urban renewal law offered by the State of Montana Code.  The Bozeman Midtown Urban Renewal District Plan provides for the opportunity to use tax increment financing to assist with redevelopment and revitalization activities, and encourage the retention and growth of economic development.  The Bozeman Midtown Urban Renewal District Plan supports the development of infrastructure that encourages urban renewal and economic development in the community. Growth Policy Future Land Use The growth policy provides a visual policy statement with the identification of the future land use pattern through maps and/or text of lands to help achieve the goals and objectives of the Bozeman Community Plan. The Bozeman Community Plan designates the core area along the North 7th Avenue Corridor starting from the north end as Industrial, Regional Commercial and Services, and Community Commercial Mixed Use. The majority of the adjacent neighborhoods are designated Residential, with a couple of small areas designated Parks, Open Space and Recreational Lands and Public Institutions. 126 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 31 Future Land Use Designations of the area included in the Bozeman Midtown Urban Renewal District to help achieve the Bozeman Community Plan’s goals and objectives.  The Bozeman Community Plan designates the core area along the North 7th Avenue Corridor as Regional Commercial and Services, Community Commercial Mixed Use, and Industrial.  The majority of the adjacent neighborhoods have a future land use designation of Residential, with a couple of small areas designated Parks, Open Space and Recreational Lands and Public Institutions.  Regional Commercial and Services will be implemented by B-2 or UMU zoning districts.  Community Commercial Mixed Use will be implemented by the B-1, B-2 or UMU zoning districts.  Industrial land uses can be implemented by any one of the five industrial type zoning districts.  Residential will be implemented by multiple zoning districts.  Parks, Open Space and Recreational Lands are functions which can occur in any zoning district.  Public Institutions can be implemented by the PLI zoning district, but is a function that can occur in any zoning district. Evaluation of the Bozeman Midtown Urban Renewal District Plan for Conformance with the Future Land Use Designations.  The Bozeman Midtown Urban Renewal District Plan provides a plan for redevelopment of the existing commercially designated area to retain existing and attract new economic development.  The Bozeman Midtown Urban Renewal District Plan does not suggest any revision to the existing future land use designations. Review of the zoning of the area included in the Bozeman Midtown Urban Renewal District for accordance with the Bozeman Unified Development Code The City adopted its first zoning ordinance in 1941. The current zoning ordinance, the Unified Development Code of the City of Bozeman, Chapter 38 of the Bozeman Municipal Code was originally adopted in 2005, with the most recent extensive amendment by Ordinance Number 1769 effective on December 28, 2009. The zoning of the area included in the Bozeman Midtown Urban Renewal District must be found to be in conformance with the Bozeman Community Plan. On October 20th, 2015 the City Planning Board reviewed the zoning of the area included in the Bozeman Midtown Urban Renewal District as follows in this section and found the zoning to be in conformance with the growth policy. An extensive review of the zoning is found in Appendix B. The majority of the land within the area of the Bozeman Midtown Urban Renewal District is zoned “B-2 Community Business District”, with adjacent land north of I-90 zoned “M-1 Light Manufacturing”, and the adjacent land south of I-90 classified for residential uses with districts including “R-3 Residential Medium Density”, “R-4 Residential High Density”, and “R-O Residential-Office”. 127 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 32 In addition to the zoning districts listed above, portions of the Midtown area of Bozeman are also covered by “Bozeman Entryway Corridor Overlay District” and the “Neighborhood Conservation Overlay District”, and a couple of lots at the southeast edge are located within the Cooper Park Historic District. Zoning to help implement the Bozeman Community Plan. • A purpose of the Bozeman Unified Development Code is to implement the goals and objectives of the Bozeman Community Plan; the city’s adopted growth policy. • The majority of the land within the core area of the Bozeman Midtown Urban Renewal District is zoned “B-2 Community Business District” to provide for a broad range of mutually supportive retail and service functions. • The land adjacent to the commercial core and south of I-90 within the area of the Bozeman Midtown Urban Renewal District is zoned for a variety of residential uses and densities, with zoning districts including “R-3 Residential Medium Density”, “R-4 Residential High Density”, and “R-O Residential-Office”. • The land adjacent to the commercial core and north of I-90 is zoned “M-1 Light Manufacturing”. Evaluation of the Bozeman Midtown Urban Renewal District Plan for Accordance of Zoning with Bozeman Community Plan. • The Bozeman Midtown Urban Renewal District Plan supports the purposes of the Bozeman Unified Development Code. • The Bozeman Midtown Urban Renewal District Plan supports “retail and service use” as described by the Bozeman Unified Development Code. • The Bozeman Midtown Urban Renewal District Plan provides a plan for redevelopment of the existing commercially designated area to eliminate blight, and retain existing and attract new economic development. • The Bozeman Midtown Urban Renewal District Plan does not suggest any revision to the existing zoning classifications. Conclusions 1. The Bozeman Midtown Urban Renewal District Plan has been evaluated against the relevant goals and objectives of the Bozeman Community Plan, and the Bozeman Midtown Urban Renewal District Plan is in conformance with the Bozeman Community Plan. 2. The zoning in the area of the Bozeman Midtown Urban Renewal District has been evaluated against the Bozeman Community Plan, and the zoning in the area of the Bozeman Midtown Urban Renewal District is in accordance with the Bozeman Community Plan. 128 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 33 Chapter 5. Goals and Strategies Introduction This chapter presents the goals and strategies for addressing blight within the Bozeman Midtown Urban Renewal District. They are drawn from public input (public meeting summaries are found in Appendix A), the Bozeman 2009 Community Plan and other appropriate planning documents, technical input from the City’s staff, and the Statement of Blight prepared in conjunction with the expansion of the North Seventh Avenue Urban Renewal District. Public discussion addressed economic development, sustainability, mixed use higher density development, live-work opportunities, parking, multi-modal transportation infrastructure, pedestrian safety and access, and urban design. As stated above, this Urban Renewal Plan provides a context for activities that will be undertaken by a variety of public and private entities. It recommends a series of planning and program initiatives and capital projects that may be undertaken by the local government to encourage reinvestment in the district, which will in turn address conditions that have diminished the environmental, economic and cultural well being of the area over time. The following are the Goals of this Urban Renewal Plan and associated strategies. It should be noted that revolving loan programs are included as suggested strategies for achieving several of the goals set forth. The City of Bozeman may choose to create one revolving loan program that would incorporate all or some of these activities. Goal #1 Promote Economic Development Rationale: Economic vitality strengthens the community, provides for physical needs of the citizens, opens reinvestment opportunities, and helps to eliminate the conditions that contribute to blight. Planning Initiatives  Engage in area and issue specific planning efforts to further retention and/or increase in the number of jobs and economic activity  Prepare marketing plan that includes such things as targeted anchor businesses, marketing strategies, branding and/or wayfinding  Conduct a readiness study to examine opportunities and determine challenges associated with targeted anchor business recruitment and retention, including due diligence, infrastructure deficiencies and land and/or space needs  Examine the potential for the fostering of activity centers including: o Open Spaces o Event Venues o Conference Facilities o Mixed-Use Developments  Examine the usefulness of potential incentives (such as application or regulatory fee mitigation, impact fee reimbursement, etc.)  Consider the issuance of tax increment financing bonds, as revenues permit, in support of Program Initiatives and Capital Projects, such as electronic communication infrastructure, public activity centers, etc. 129 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 34  Continue the process of updating Bozeman's Unified Development Code to clearly communicate the community's expectations for development as expressed in the Bozeman Community Plan, and to generate implementation and design provisions for the Midtown URD Plan Program Initiatives  Provide incentives for infill, mixed-use development (commercial and residential) and density increases to take advantage of economies of scale in providing services, access and sustainability  Work to increase property values by encouraging private investment  Develop partnerships among property owners, new/expanding businesses and the local government to increase economic activity  Establish a monetary incentive such as a revolving loan program to bring existing businesses into compliance with land use codes, design standards and health and safety regulations  Establish a monetary incentive such as a revolving loan program to assist property owners in repairing and replacing deteriorating, or in extending existing public infrastructure.  Facilitate land assemblage and property transfer for higher density, targeted anchor businesses and mixed-use development  Market to businesses that can take advantage of the link to higher education facilities, including Montana State University and Gallatin College and associated job training programs including continuing education and distance learning  Market to businesses that can take advantage of locating near the broadband fiber “backbone”  Establish a monetary incentive such as a matching grant program for work force training to help expand and retain businesses, such as a partnership with Bozeman Bear  Continue the N7Rehab Construction Grants Program to help property owners improve their facades and sites, eligible activities include: o Demolition o Façade Improvements o ADA Accessibility Improvements o Landscaping incorporated into a public space o Sidewalks o Improvements which reduce drive accesses in width and/or number o Improvements to create shared parking arrangements o Storm water facility improvements o Improvements in the public right-of-way or within a public access easement: sidewalk construction or repair, landscaping, ADA sidewalk ramps, tree grates, installation of District lighting  Continue the N7Rehab Technical Assistance Grants Program for property owners to plan updates to their sites, including: o Site Planning and Master Site Planning o Building condition assessment in conjunction with exterior renovation or reuse proposals for existing structures o Engineering and surveying services o Landscape Design 130 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 35 o Preliminary Development Review Capital Projects  Ready properties for redevelopment  Upgrade and expand electronic communication infrastructure including, but not limited to fiber optics.  Install improvements that support marketing, wayfinding and branding, including, but not limited to signage, lighting, street furniture and landscaping  Develop public activity centers such as: o Aspen, east of North 7th Avenue, as a festival street o The BMX Park Goal #2 Improve Multi-Modal Transportation Rationale: Increasing travel options supports public health, reduces resource demand, increases efficiency and reduces costs, improving the quality of life and making the community a better place to live and work, helping to eliminate conditions that contribute to blight. Planning Initiatives  Assemble and evaluate existing studies of multi-modal transportation needs  Engage in a service gap analysis  Study means to facilitate transportation mode shift to expand non-motorized and public transit travel  Consider the issuance of tax increment financing bonds, as revenues permit, in support of Program Initiatives and Capital Projects. Program Initiatives  Establish a monetary incentive such as a revolving loan program to assist property owners in repairing and replacing deteriorating, or in extending existing public infrastructure.  Establish a monetary incentive such as a revolving loan program to enable existing businesses to provide Federal ADA access to their establishments.  Establish a monetary incentive such as a cost-share program for sidewalk construction, repair and replacement  Partner with the school district and other entities to support a “Safe Routes to School” program  Develop a program to facilitate transportation mode shift and to expand non-motorized and public transit travel (such as “Park and Ride” programs, ride sharing, bicycle garaging and sharing) Capital Projects  Construct improvements to eliminate service gaps 131 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 36  Partner to improve multi-modal transportation infrastructure and connectivity throughout the district (such as roads, curbs, gutters and sidewalks)  Construct improvements to facilitate transportation mode shift to expand non-motorized and public transit travel (such as bikeways, trails, parking facilities, high quality bus stops and public transit access)  Construct non-vehicular safety improvements such as sidewalks, pedestrian crossings, high intensity activated cross walk signals and traffic calming features Goal #3 Improve, Maintain and Support Innovation in Infrastructure Rationale: Infrastructure is the backbone of the community. Private development typically requires a corresponding public investment in infrastructure. Therefore, capital improvements in the district will help achieve economic vitality and address conditions that contribute to blight. Planning Initiatives  Assemble and evaluate existing studies of infrastructure needs  Engage in a service gap analysis  Continue to examine the opportunities to improve communication infrastructure access through upgrades and innovation  Examine parking strategies that support higher density, mixed use development  Provide for planning and design assistance for improvements to public facilities within the district (such as parks, schools and local government buildings)  Consider the issuance of tax increment financing bonds, as revenues permit, in support of Program Initiatives and Capital Projects, such as public parking facilities, communication infrastructure, streetscape elements, and other public infrastructure  Study the efficacy of a storm water district including the potential use of community storm water facilities  Support implementation of the Bozeman Fiber Master Plan and Feasibility Study, the community effort to address the broadband network, the crucial infrastructure necessary for next generation fiber-optic connectivity Program Initiatives  Continue the program to improve broadband infrastructure, and facilitate public-private partnerships in support of improved broadband infrastructure  Continue to support open access fiber optic networks to provide affordable broadband for the region's business community, public sector and residents, as described by the Bozeman Fiber Master Plan and Feasibility Study adopted pursuant to Resolution #4576.  Develop a program to facilitate transportation mode shift and to expand non-motorized and public transit travel (such as “Park and Ride” programs, ride sharing, bicycle garaging and sharing)  Establish a monetary incentive such as a revolving loan program in support of shared parking facilities among several businesses Capital Projects  Construct public parking infrastructure to facilitate transportation mode shift to expand non-motorized and public transit travel 132 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 37  Improve overall communication connectivity  Improve public lighting  Leverage state and federal funds for streetscape improvements that include transportation, safety, landscaping and lighting elements  Improve access and egress controls throughout the district  Enhance public safety through specific infrastructure improvements such as sanctuary/refuge locations, underpass improvements and high intensity activated cross walk signals  Support improvements to public facilities within the district (such as parks, schools and local government buildings, storm water facilities)  Support infrastructure improvements to and expansion of the broadband network for next generation fiber-optic connectivity Goal #4 – Promote Unified, Human Scale Urban Design Rationale: Protecting and building upon existing physical assets increases vitality, desirability and leverages economic development, strengthening community values and mutual support helping to eliminate the conditions that contribute to blight. Planning Initiatives  Develop a vision that will guide planning and design within the urban renewal district, which supports its role as a key corridor and fosters greater pedestrian orientation  Design unifying themes for the urban renewal district that reflect its role as a gateway from I-90, and key corridor and link to downtown Bozeman and Montana State University, while acknowledging neighborhood characteristics  Develop planning tools that address urban design elements: imageability, enclosure, human scale, transparency, complexity, coherence, legibility and linkage  Evaluate land use code requirements to remove obstacles in order to create a more vibrant, human-scale streetscape and foster economic vitality  Continue to develop planning tools that address streetscapes to o “Quiet down” streets through parking, traffic calming approaches, and other elements o Provide for more public landscaping and art along public rights of way o Promote private development that provides for significant landscaping o Incorporate “walkability” in design within the district o Maintain and enhance signage  Street Signs  Safety Signs  Directional and Way-finding Signs  Neighborhood “branding” signs 133 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 38 o Incorporate “complete streets” in designing transportation related infrastructure ( bike lanes, boulevards and pedestrian ways, etc.) while maintaining good traffic flow on main thoroughfares o Provide unified or neighborhood specific streetscape design elements including lighting, benches and garbage receptacles, etc.  Study street medians to determine their role and design  Consider the issuance of tax increment financing bonds, as revenues permit, in support of Program Initiatives and Capital Projects, such as streetscape elements, etc. Program Initiatives  Provide choices to property owners for boulevard plantings, including drought tolerant plantings for sustainable water use  Establish a monetary incentive such as a revolving loan program to improve “curb appeal” of existing businesses to address design standards (such as facades, landscaping and lighting)  Establish a monetary incentive such as a revolving loan program to help transition from a vehicular focus (such as building orientation, parking facility placement and access points)  Foster public art projects  Establish a monetary incentive such as a matching grant program for the unified or neighborhood specific streetscape design elements  Establish / continue a streetlight banner signage program in support of the district and events and activities in the community  Work with residents, property owners and businesses to address litter and vandalism  Partner with area property owners and businesses to establish a public improvements maintenance program, including, but not limited to the creation of a business or special improvement district (for such things as sidewalk snow removal, landscaping maintenance, litter and garbage removal and streetlight banner installations) Capital Projects  Eliminate blighted conditions at the edges and entryways to the urban renewal district and its distinct neighborhoods  Improve the North 7th Avenue corridor, both visually and physically  Use signage and infrastructure improvements to enable way-finding and to better brand the area  Continue the Lighting, Gateway and related Sidewalk Improvements Project - the installation of new architectural street lights, gateway improvements and related sidewalk with boulevard improvements along the corridor to enhance pedestrian safety and to make the neighborhood more pedestrian friendly  Continue the Median and Boulevard Landscaping Project Goal #5 Support Compatible Urban Density Mixed Land Uses Rationale: A sense of place is strengthened by a strong core identity. Increasing live-work opportunities and community interaction, ensures that the North 7th Avenue area remains a great place to live, work, operate a business, and play, and helps to eliminate conditions that contribute to blight. 134 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 39 Planning Initiatives  Assess the need for a variety of housing types, including, but not limited to co-op, transitional, senior, and special needs  Study opportunities for “live-work” and mixed commercial residential development  Study strategies to expand affordable housing opportunities for all populations  Evaluate land use code requirements (such as building height restrictions, parking requirements and signage restrictions), to remove obstacles in order to increase density, support mixed-use development and foster economic vitality  Consider the issuance of tax increment financing bonds, as revenues permit, in support of Program Initiatives and Capital Projects, such as redevelopment projects, affordable housing, etc. Program Initiatives  Promote mixed use or activity centers to take advantage of economies of scale in providing services, access and sustainability  Promote public-private partnerships to create urban density mixed land use  Provide incentives in the land use code requirements to foster residential development in the Whittier School attendance area to take advantage of this neighborhood school  Provide incentives in the land use codes requirements to foster upper story residential development  Establish a monetary incentive such as a revolving loan program in support of rehabilitation of residential and commercial properties that increases density  Establish a monetary incentive such as a revolving loan program that supports the rehabilitation of residential and commercial properties that increases the number of housing units and live-work opportunities  Establish a monetary incentive such as a revolving loan program that supports sustainable approaches to such things as water use, energy conservation and storm water mitigation  Consider establishing a monetary support program (revolving loan, matching grant, grant) for the development or acquisition of parks or recreational areas to serve the district; and to meet park or open space requirements Capital Projects  Support the development or acquisition of parks or recreational areas to serve the district  Per 7-15-4233, MCA, as opportunities present themselves, improve, clear, or prepare for redevelopment any real or personal property in the urban renewal area that increases density, increases employment and/or that expands mixed use opportunities 135 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 40 Chapter 6. Project Evaluation Criteria Chapter 7 of this Plan provides a list of potential funding sources, including Tax Increment Financing (TIF), that can be used in funding urban renewal projects and programs. However, given the myriad of urban renewal activities that could potentially occur within the Bozeman Midtown Urban Renewal District, it will be necessary to review each proposed project or program with respect to the Plan’s guiding principles, initially introduced in Chapter 1, as well as identified goals and strategies found in Chapter 5. Guiding Principles This Urban Renewal Plan is a reflection of sound public policy and thoughtful planning. To this end the following principles will guide revitalization and redevelopment efforts in the URD. Readiness – The renewal of the Bozeman Midtown URD will occur in stages, as resources and opportunities become available. In some cases, specific projects will occur in support of private investment that would otherwise not occur without a corresponding investment in public infrastructure. Also, new program initiatives or funding opportunities may present themselves from time to time, which can help bring certain urban renewal projects forward. Leveraging – Projects that make use of a variety of public and private resources including state and federal grants, loans and specialized tax credits, as well as tax increment funds are encouraged. Design – Midtown serves as a significant entryway into the City of Bozeman. North 7th Avenue, which is the primary thoroughfare within the district, connects Interstate 90 with Main Street and Downtown Bozeman, and with Montana State University. While the area is characterized by a mix of commercial uses, it is also serves to welcome visitors and students to the community. Therefore, urban renewal projects should be designed to complement this important role. Thoughtful, well-designed development that enhances the role of Midtown as a key gateway will, in turn, draw additional investment over time. Public-Private Partnerships – The successful redevelopment of the Midtown URD will depend on cooperation between the public and private sectors. As noted above, significant private investment will likely require associated public financing of municipal and quasi-public improvements, such as multi-modal transportation facilities, sewer and water improvements, utilities and communication infrastructure. Funding sources for capital projects will include, but not be limited to Tax Increment Financing (TIF). Specific projects will be undertaken in accordance with the Montana Urban Renewal Law, 7-15-42 and 7-15-43, MCA. In addition, the Montana Urban Renewal Law provides for creation of revolving loan programs, funded by TIF, in support of projects that may involve non-governmental entities, if provided for in the urban renewal plan. (7-15-4292 MCA) The City of Bozeman intends to make use of a revolving loan fund in forging public-private partnerships. 136 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 41 Criteria Description Based on these guiding principles, the following twelve criteria will be used in evaluating projects and programs and in setting priorities, in the context of limited financial resources. These criteria are listed in no particular order or ranking of importance. Criteria. Project design and readiness (phasing potential) – Is the project ready to go forward? For example, are any necessary permits in place? Has due diligence been completed? Does the project lend itself to phasing or segmentation that enables portions of the project to stand alone? Criteria. Leverage ratios of public to private funds invested – Are urban renewal dollars leveraging private investment? For example, does the installation of public infrastructure correspond to growth in business and/or residential development? Or what is the percent of public dollars invested in the infrastructure as compared to private dollars? Criteria. Health and safety concerns – Does the project address a condition of blight that endangers the “health, safety….and welfare” of the residents? Does it improve fire and life safety requirements? Does it reduce emergency response time? Criteria. Opportunity to take advantage of new initiatives and funding sources – Does the project or program enable the City to take advantage of a new initiative or funding source that can be matched or leveraged by urban renewal dollars and/or private investment? Criteria. Critical infrastructure and/or connectivity needs – Does the project enable better connectivity within the urban renewal district and/or between the urban renewal district and the community? For example projects that support improved multi-modal transportation or better access to the community telecommunications network might be given greater priority. Criteria. Opportunity to support mixed-use developments including residential – Does the project or program provide for mixed-uses, and per Goal #5, increase live-work opportunities and community interaction? Criteria. Opportunity to better use land through the development of vacant and/or underutilized space – Does the project make use of vacant land within the district, thereby improving connectivity and increasing density of use? Criteria. Job creation – Does the program or project create new employment opportunities and/or opportunities for workforce training? Projects which create more jobs per public funds invested will be more desirable. There may also be opportunities to partner with businesses, organizations and educational entities to provide vocational and professional training. Criteria. Resulting increase in taxable value – Projects that improve the overall property tax base within the district increase the amount of tax increment dollars available for urban 137 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 42 renewal activities. Over the long term, improving the tax base can assure continued economic health within the urban renewal district and the community well into the future. Criteria. Ability of project to enhance Midtown’s role as a key gateway and link to the Downtown and Montana State University – Does the project support the role of Midtown as an important connection from Interstate 90 to Downtown and to the University? Criteria. Consistency with adopted plans including the Bozeman Midtown Urban Renewal Plan – Does the project reflect the vision, goals and objectives set forth in the Bozeman Community Plan and other adopted plans? Criteria. Sustainability, one-time infusion of funds versus on-going need for funding – Will the project require on-going support to be sustainable? Are other, longer-term funding strategies considered in project planning? How The Criteria are Used The extent to which these criteria are applied will depend on the specific project or program being considered. They are intended to provide a decision making framework to set priorities. In most cases, only some of the criteria would apply for a specific project or program. For instance, some projects might rank higher with respect to job creation, while others may result in greater private investment. Public investment in infrastructure to improve connectivity may or may not result in an increase in taxable value. Through the process of preparing annual work plans, more specificity may be assigned to some or all of the criteria, based on changing community and district priorities. Given the wide range of potential activities, the criteria will be particularly effective in evaluating similar project proposals, such as multiple proposals to install public infrastructure, or in reviewing applications for grants and loans. The criteria can also be used to develop more specific guidelines for grant and loan program established under this plan. The criteria become particularly important as Economic Development Staff make recommendations to the City Commission regarding the funding of projects and programs during the budget approval process. Demonstrating how each proposed activity meets the criteria will assist the Commission in evaluating its appropriateness with respect to the goals and objectives of the urban renewal plan as well as of the community as a whole. 138 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 43 Chapter 7. Implementation The Bozeman Midtown Urban Renewal District Plan provides a framework for the rehabilitation and redevelopment of the Urban Renewal District. Upon its adoption, this Plan will serve as the official policy guide for public action. However, these policies can only be transformed to action through an effective implementation program. Key to implementation will be sound processes of administration, financing and program evaluation. Administration Under 7-15-4231 MCA, the exercise of powers related to urban renewal, a municipality may itself exercise its urban renewal project powers, or may, “if the local governing body by resolution determines such action to be in the public interest, elect to have such powers exercised by the urban renewal agency created under 7-15-4232 MCA, or a department or other officers of the municipality as they are authorized to exercise under this part and part 43.” The City of Bozeman may establish an urban renewal agency under this provision to direct the projects and programs outlined in the Urban Renewal Plan, as provided by statute. The City of Bozeman has chosen to exercise its urban renewal project powers directly, or to assign them to municipal departments, rather than establish a separate urban renewal agency. The City Commission may create an urban renewal district board to serve in an advisory capacity to the Commission in planning for, implementing and administering a program of rehabilitation and revitalization for the District. The board provides opportunities for stakeholders in the District, including property owners, business owners, residents and school district representatives to participate in formulating urban renewal projects and programs. The annual work program and budget, listing the activities and costs of the activities for the coming fiscal year, as well as the method of financing those activities are prepared by the Director of Economic Development, and reviewed and approved by the City Commission. This program and budget can be amended during the course of the fiscal year in light of funding and program opportunities and changes. Urban renewal activities undertaken must be in accordance with Montana State statute. Powers which may be execised by an urban renewal agency or authorized department are defined by statute. Projects and Programs The City of Bozeman will implement programs and evaluate projects based on the guiding principles and goals of this Urban Renewal Plan. Given that private development will be necessary to generate tax increment funds, business development must occur hand in hand with other community based revitalization activities. The Bozeman Midtown urban renewal program will make use of a variety of financing in achieving the goals of this plan, including: Public Investments • Annual Tax Increment Appropriations – The City of Bozeman may finance smaller public infrastructure improvements and renewal programs from its annual tax increment receipts by appropriation. Funds available each year would be determined by the size of the annual increment and any prior commitments (such as bond debt service requirements and administrative costs). 139 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 44 • Tax Increment Bonds – The City of Bozeman will issue tax increment financing (TIF) revenue bonds if necessary, as revenues allow, to finance major capital projects. TIF bonds will enable the local government to finance projects up-front and then retire the debt through annual tax increment receipts. • Other Debt Financing – The City of Bozeman may borrow funds through local, state and federal loan programs in order to finance public improvements. Annual tax increment revenues may be used to make principal and interest payments • Local, State and Federal Funding Mechanisms – There are a number of funding resources available to communities to undertake planning and capital improvement projects. These are listed in the funding section below. Private Sector Development In addition to public sector investments, the urban renewal program can assist property and business owners in specific renewal activities including the following: • Tax Increment Financing Revolving Loans – In 7-15-4292, MCA, the Montana TIF statute provides for the establishment of loan programs, whereby TIF funds may be used to support public and private urban renewal projects in support of the goals of the Urban Renewal District. As principal and interest payments are made, the funds may be loaned again, even after the TIF District sunsets. The management of a revolving loan program may be undertaken directly by the City, or through a contract with another entity. • Tax Increment Grants – In some cases urban renewal agencies can make grants to private entities to support projects that are in the community’s best interest, and are in keeping with the purposes of the Montana Urban Renewal Law, such as historic preservation, public safety, landscaping and the removal of blight. Examples include: o Restoration of historic building facades o Stabilization of structures that have been neglected or abandoned o Installation of life safety equipment such as sprinkler systems o Installment of landscaping, lighting and other design features that support a unifying theme for the District • Other Assistance – The urban renewal program can assist private sector projects in a variety of ways, by providing technical assistance and helping property owners access federal, state and local resources and incentives for development. Partnership Development The urban renewal program will rely on cooperative efforts among the local government, district property owners, and economic development organizations to achieve its goal of fostering revitalization. In many cases, these cooperative partners will work jointly on market analyses, business recruitment and capital improvements planning. Also, as noted above, it will be necessary to work with other local, state and federal entities in providing additional financing and matching funds to undertake projects and programs in the Bozeman Midtown Urban Renewal District. 140 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 45 Potential partnerships can be forged using a variety of programs and funding mechanisms. A sampling of these is provided in the following section. Financing Tax Increment Financing As noted above, the implementation of the Bozeman Midtown Urban Renewal Plan will include the use of Tax Increment Financing (TIF). More particularly, costs that may be paid using TIF dollars are included in 7-15-4288, MCA: A tax increment program is authorized for 15 years or longer if the tax increment revenue is pledged to the payment of tax increment bonds. 7-15-4289, MCA provides for the use of tax increments for bond payments. The tax increment may be pledged to the payment of the principal of premiums, if any, and interest on bonds, which the municipality may issue for the purpose of providing funds to pay such costs. The City of Bozeman will use Tax Increment Financing in the Bozeman Midtown Urban Renewal District as defined in this Urban Renewal Plan. The base year for the purposes of measuring any incremental value within the original district boundaries will continue to be 2006, while the base year for the expanded portions of the district will be 2015. Per 7-15-4291, MCA, the City of Bozeman may enter into agreements with the other affected taxing bodies to remit to such taxing bodies any portion of the annual tax increment not currently required for the payment of the costs listed in 7-15-4288, MCA or pledged to the payment of the principal of premiums, if any, and interest on bonds. Other Financing Mechanisms There are a number of financial assistance programs that can be used in the revitalization of the Bozeman Midtown Renewal District in addition to Tax Increment Financing. Financing strategies for addressing urban renewal needs identified in this Plan will likely include combining various funding sources. For example, a local special improvement district might be used in combination with a Montana Board of Investment Intercap loan to match federal or state dollars. The following is a summary of programs available to fund urban renewal projects: Transportation Infrastructure This section describes funds and funding sources that are available to finance urban renewal transportation related projects. These funding methods, such as local option taxes, improvement districts and other types of bonds, enable local citizens to participate in funding projects. In general, however, the ability to use additional property tax levies to fund urban renewal is governed by Montana Statute under 15-10-402 MCA that limits taxes to 1996 levels. A. Bridge and Road Mills (Property Taxes) Montana law provides for cities (7-14-4101, MCA) to manage transportation infrastructure. Counties are specifically responsible for all the bridges in a county, including those within cities 141 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 46 and towns, except those managed by the Montana Department of Transportation. Municipalities may establish a road fund under 7-14-4113 MCA. B. Transportation Improvement Authority Established under 7-14-1001, MCA, the purpose of a transportation improvement authority is to blend the interests of local, state, and federal governments with the interests of the general public and the business community to build, modify, or improve transportation facilities and systems within its jurisdiction. A county and a municipality within a county may, by joint resolution, create a transportation improvement authority. The Authority may enter into contracts and accept local, state, federal and private funds to undertake transportation projects. C. Transportation Alternatives Program (TA Program), Montana Department of Transportation The Transportation Alternatives (TA) Program authorized under Section 1122 of the Federal Highway Administration’s Moving Ahead for Progress program -MAP-21 (23 U.S.C. 213(b), 101(a)(29)), replaces the former Community Transportation Enhancement Program. It provides approximately $4 million annually to eligible entities including local governments, for activities defined as transportation alternatives, including on- and off-road pedestrian and bicycle facilities, infrastructure projects for improving non-driver access to public transportation and enhanced mobility, community improvement activities, and environmental mitigation; recreational trail program projects; safe routes to school projects; and projects for the planning, design or construction of boulevards and other roadways largely in the right-of-way of former Interstate System routes or other divided highways. D. State Fuel Tax Under 15-70-101, MCA, Montana assesses a tax on gasoline and diesel fuel used for transportation purposes. Each municipality receives a portion of the total tax funds allocated to cities and Towns based on: 1) The ratio of the population within each municipality to the total population in all cities and Towns in the State; 2) The ratio of the street mileage within each municipality to the total street mileage in all incorporated cities and towns in the State. The street mileage is exclusive of the Interstate, National Highway, and Primary Systems. All fuel tax funds allocated to local governments must be used for the construction, reconstruction, maintenance, and repair of rural roads or city streets and alleys. Priorities for the use of these funds are established by the cities receiving them. Debt Financing – All Types of Projects Local governments can make use of various kinds of debt financing to fund urban renewal projects. In addition to Tax Increment Financing Bonds discussed above, these include revenue bonds, special improvement district bonds and general obligation bonds. Debt financing enables local governments to finance major infrastructure projects using future revenue from special assessments, user fees, and other forms of revenue. Under 7-7-4101, MCA, a local government has power to incur indebtedness by borrowing money, issuing bonds, issuing notes, entering into leases, entering into lease-purchase agreements, or entering into installment purchase contracts for the following purposes: 142 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 47 1) acquiring land for and designing and erecting public buildings; 2) acquiring land for and designing and constructing sewers, sewage treatment and disposal plants, waterworks, reservoirs, reservoir sites, and lighting plants; 3) supplying the municipality with water by contract and the construction or purchase of canals or ditches and water rights for supplying municipality with water; 4) designing and constructing bridges, docks, wharves, breakwaters, piers, jetties, and moles; 5) acquiring, opening, or widening any street and improving the street by constructing, reconstructing, and repairing pavement, gutters, curbs, and vehicle parking strips and to pay all or any portion of the cost relating to the project; 6) purchasing or leasing fire apparatus, street and other equipment, and personal property, including without limitation, vehicles, telephone systems, and photocopy and office equipment, including computer hardware and software; 7) building, purchasing, designing, constructing, and maintaining devices intended to protect the safety of the public from open ditches carrying irrigation or other water; 8) funding outstanding warrants and maturing bonds; and 9) repaying tax protests lost by the local government or other municipal corporation. The local government incurs various administrative costs in conjunction with issuing bonds. These costs include the retention of legal counsel and financial consultants, the establishment of reserve funds and the preparation of the prospectus and various required documents. These bonds provide tax-free interest earnings to purchasers and are therefore subject to detailed scrutiny under both state and federal law. The citations in the Montana Code are listed below, for each type of bond described. A. Special Improvement Districts Under 7-12-4101, and 7-12-4102 MCA, cities and towns can create special improvement districts for a number of activities including: • The acquisition, construction or reconstruction of public streets and roads • The acquisition, construction or reconstruction of sidewalks, culverts, bridges, gutters, curbs, steps and parks including the planting of trees • The construction or reconstruction of sewers, ditches, drains, conduits, and channels for sanitary or drainage purposes, with outlets, cesspools, manholes, catch basins, flush tanks, septic tanks, connecting sewers, ditches, drains, conduits, channels, and other appurtenances • The construction of sewer and water systems including fire hydrants • The acquisition and improvement of land to be designated as public park or open-space land • The conversion of overhead utilities to underground locations in accordance with 69-4-311 through 69-4-314, MCA • The purchase, installation, maintenance, and management of alternative energy production facilities B. Business Improvement District Business Improvement Districts (BIDs) are authorized under 7-12-1101 et. seq MCA. This provision of the law allows the local governing body to assess properties, upon the request of property owners within a district to fund the following activities: 143 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 48 • provide special police, maintenance, or cleaning personnel for the protection and enjoyment of the general public using the business district • landscape and beautify public areas and to maintain those areas • contract with the governing body to maintain, operate, or repair public parking facilities • contract with the governing body to maintain streets, alleys, malls, bridges, ramps, tunnels, landscaping, and other public facilities as mutually agreed upon • promote private investment and business expansion in the district • provide for the management and administration of the affairs of the district • promote business activity by advertising, decorating, marketing, and promoting and managing events and other actions designed for the general promotion of business activities in the district • perform such other functions as are necessary to carry out the purposes of this part and to further the objectives of the district. C. General Obligation Bonds General obligation bonds are backed by the full faith and credit of the local government and must be approved by the voters in an election. General obligation bonds are generally payable from ad valorem taxes (based on the value of property) and expressed in mills. General obligation bonds are attractive to bond buyers because they have voter approval and are not as vulnerable to fluctuations in revenue. Municipalities are assigned a bond debt limit based on a percentage of taxable valuation. General obligation bonds must fall within this limit. D. Municipal Revenue Bonds Under 7-7-4401, MCA, a municipality may issue revenue bonds to finance any project or activity authorized NOTE: Pursuant to 7-15-4218, MCA, voter approval of urban renewal plan required when general obligation bonds to be used. If the plan or any subsequent modification thereof involves financing by the issuance of general obligation bonds of the municipality as authorized in 7-15-4302(1) or the financing of water or sewer improvements by the issuance of revenue bonds under the provisions of part 44 of chapter 7 or of part 43 of chapter 13, the question of approving the plan and issuing such bonds shall be submitted to a vote of the qualified electors of such municipality, in accordance with the provisions governing municipal general obligation bonds under chapter 7, part 42, at the same election and shall be approved by a majority of those qualified electors voting on such question. Railroad Crossing Related Programs A. Federal Surface Transportation Program - Rail/Highway Crossing Protective Devices Program The purpose of the Federal Rail/Highway Crossing – Protective Devices Program is to identify high hazard rail crossing sites and install new rail crossing signals. MDT's Rail - Highway Safety manager is responsible for surveying, identifying and prioritizing those railroad crossings that require new protective devices or upgrading of existing devices. The funds are distributed on a statewide basis determined by a priority list ranked by a hazard index. The Federal/State ratio is 90% Federal and 10% State. 144 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 49 B. Federal Surface Transportation Program - Rail/Highway Crossing Elimination of Hazard Program The purpose of the Federal Rail/Highway Crossing – Elimination of Hazard Program is to identify high hazard rail crossing sites and construct new rail/highway grade crossings. The program also uses funds to rehabilitate existing grade separations. Grade separation projects are funded with 90% Federal funds and 10% State funds. Since funding for this program is limited, funds are often used in combination with other Federal funding sources to fund costly grade separation projects. Eligible expenditures include the separation or protection at grade crossings, reconstruction of existing crossings and relocation of highways to eliminate crossings. Projects for this program are selected by identifying those sites where only a grade separation will eliminate an identified hazard or where an existing grade separation exists but needs rehabilitation or replacement. Funding for Public Improvements (Sewer, Water, Roads, Community Facilities, Parks) A. Treasure State Endowment Program ~ Montana Department of Commerce The Montana Treasure State Endowment Program (TSEP) is a state-funded program, authorized under 90-6-701 through 710, MCA, and is administered by the Montana Department of Commerce (MDOC). It is designed to assist local governments in financing capital improvements to sewer and water facilities. Funds are derived from the Montana coal severance tax and made available to local governments as matching grants, loans and grant/loan combinations. TSEP also provides matching grants of up to $15,000 to local governments for preliminary engineering study costs. TSEP funds may not be used for annual operation and maintenance; the purchase of non- permanent furnishings; or for refinancing existing debt, except when required in conjunction with the financing of a new TSEP project. Grant requests cannot exceed $500,000 and the local government must typically provide a dollar for dollar match that can include other grant funds. Matching funds can be public or private funds provided by a TSEP applicant to directly support the cost of eligible project activities. There are a number of ways in which local governments can provide matching funds for bridge projects. Eligible types of matching funds include: • local general funds or other cash; • proceeds from the sale of general obligation, revenue, special assessment or other bonds; • entitlement or formula-based federal or state funds such as federal highway funds or payments in lieu of taxes; • loan or grant funds from a state or federal program (including TSEP loans); • funds expended for engineering studies, reports, and plans, or other reasonable expenses expended for the preparation of the application, directly related to the project during the period 24 months prior to the TSEP application deadline; • funds expended after the TSEP application deadline, but before being approved by the Legislature, for project management, final engineering design, and other reasonable expenses necessary to prepare the project as in the TSEP application for the construction phase; • the value of land or materials provided by the applicant, if appraised within a two-year period preceding the application deadline. The appraisal must be: • an impartially written statement that adequately describes the land or materials, and states an opinion of defined value as of a specific date; • supported by an analysis of relevant market information; and • prepared by a qualified appraiser independent from the applicant. 145 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 50 • the value of labor performed by the applicant’s employees on the project, after the TSEP project has been approved for funding and a TSEP contract has been signed, as long as the employee is paid at his or her standard hourly rate of pay and the time worked is adequately documented; and • the value of machinery used in the process of constructing the project that is owned (or leased) and operated by the applicant. The value of the use of the machinery will be determined using the Federal Emergency Management Agency (FEMA) equipment rate schedules. B. The Montana Intercap Program ~ Montana Board of Investments The INTERCAP Program is a low cost, variable-rate program that lends money to Montana local governments, state agencies and the university system for the purpose of financing or refinancing the acquisition and installation of equipment or personal and real property and infrastructure improvements. The Board of Investments issues tax-exempt bonds and loans the proceeds to eligible borrowers. In addition to long-term financing, INTERCAP is an excellent source for interim financing. Funding is always available with no specific cycle. Allocations of $200,000 and under are considered and approved by the Board of Investments staff. Allocations in excess of $200,000 are considered and approved by the Board. Funds are released on an on-going basis as the project is completed. The program provides loans at a variable rate plus a one percent loan origination fee on loans over one year and for a term of 5 or 10 years depending on the borrower's legal authority. Short-term loans of less than a year are also available. Interest and principal payments are due bi-annually (February 15 and August 15 of each year). Loans may be pre-paid without penalty with 30 days notice. Types of financing include installment purchase loans, general fund loans, general obligation bonds, revenue bonds and special improvement district and rural improvement district bonds. Gas tax revenues may not be used to service debt. Projects that will use rural improvement district payments to cover the annual debt are limited to a total loan of $300,000. Intercap funds may be used in association with other grant and loan programs as well as local sources. C. Community Development Block Grant (CDBG The Community Development Block Grant (CDBG) Program is a federally funded grant program that provides assistance to communities with community development needs such as housing, public facilities, economic development and planning grants. All projects must be designed to principally benefit low and moderate-income families. The program was established by the Federal Housing and Community Development Act of 1974 (42 USC 5301) and is administered nationally by the U.S. Department of Housing and Urban Development (HUD). The Legislature authorized the Montana Department of Commerce (MDOC) to administer the program beginning in 1982. Eligible activities include planning, public facilities construction, housing and neighborhood renewal and economic development. D. Public Works Program ~ Economic Development Administration The Economic Development Administration (EDA) is an agency within the U.S. Department of Commerce. The purpose of the Public Works Program is to assist communities with the funding of public works and development facilities that contribute to the creation or retention of private sector jobs and to the alleviation of unemployment and underemployment. Such assistance is 146 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 51 designed to help communities achieve lasting improvement by stabilizing and diversifying local economies, and improving local living conditions and the economic environment of the area. Grants are awarded up to a participation level of 80 percent but the average EDA grant covers approximately 50 percent of project costs. Acceptable sources of match include cash, local general obligation or revenue bonds; Community Development Block Grants, TSEP grants and loans, entitlement funds, Rural Development loans; and other public and private financing, including donations. Projects must result in private sector job and business development in order to be considered for funding. Eligible applicants under this program include any state, or political subdivision thereof, Indian tribe (and other U.S. political entities), private or public nonprofit organization or association representing any redevelopment area if the project is within an EDA-designated redevelopment area. Redevelopment areas, other than those designated under the Public Works Impact Program must have a current EDA-approved Overall Economic Development Program (OEDP) in place. E. Water, Wastewater and Solid Waste Action Coordinating Team In 1982, a group of professionals from state, federal, and non-profit organizations that finance, regulate, or provide technical assistance for community water and wastewater systems, decided to start meeting in order to coordinate and enhance their efforts. This group calls itself the "Water, Wastewater and Solid Waste Action Coordinating Team" or W2ASACT for short. W2ASACT meets several times a year to find ways to improve our state's environmental infrastructure. All of the programs represented in W2ASACT have different missions and meet unique needs. However, it has been the common elements shared by the funding programs that have been the driving force of W2ASACT. These programs provide money (grants or loans), take applications from communities to fund their projects, and administer those monies once the project is funded. While W2ASACT cannot change all of the state or federal requirements, it can identify unnecessary duplication of requirements that make compliance difficult for communities. Voluntary Programs In some cases, homeowner associations, business groups or other property owners may finance urban renewal projects voluntary basis. Bozeman Midtown Urban Renewal Program Evaluation and Plan Amendments This Urban Renewal Plan will be evaluated on a yearly basis in conjunction with the preparation of the annual report. Measures that may be used in evaluating program success include:  Increases in the property tax base  Creation of jobs within the Bozeman Midtown Urban Renewal District  Elimination of blighted conditions The plan provides flexibility to accommodate a variety of approaches. However, changes over time may necessitate more formal amendments to the Urban Renewal Plan. The Urban Renewal Plan may be modified by ordinance under 7-15-4221 MCA. 147 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 52 148 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 53 Appendix A. Public Meetings Summaries North Seventh Urban Renewal Board Meeting August 6, 2015 Summary Notes on Midtown Expansion Statement of Blight Attendees: Board Members Andrew Cetraro Susan Fraser Tracy Menuez Austin Rector Carl Solvie Carson Taylor Board Members Absent Scott Hedglin Kevin Cook Bill Fogarty Esther Schwier Staff David Fine Allyson Brekke Tom Rogers Brit Fontenot Consultants Lanette Windemaker Public Attendees Steve Johnson, School Superintendent This is the Statement of Blight on the 7 areas that we were directed to review. It will be going to the City Commission on August 24 as an attachment to the Resolution of Necessity. Our review of the areas for possible expansion documents the conditions in these areas, generally finding them to be eligible for inclusion in the District, for reasons which include. • The presence of obsolete buildings and aging public infrastructure • Deteriorating or lack of sidewalks creating unsafe conditions for pedestrians • Dead-end, incomplete or unconnected streets • Vacant, neglected empty spaces within the urban core of Bozeman • Faulty lot layout, characterized by poor drainage and/or excessive or undeveloped access Andrew – we need to be sure that the focus continues to be N7th and existing businesses, and doesn’t shift to the grass (open undeveloped) areas. Carl – we should be able to promote development as well as focus on redevelopment Andrew – Convention center is probably not a focus. Carl – agrees with the N7th focus. Carson – Murdoch’s is an obvious addition because it is on N7th, and 1 and 2 at the south end as well. They allow a continuation of Main Street to N7th. Lanette – there will be in the new plan a chapter that addresses criteria for ranking, and given the original premise for this URD, redevelopment along N7th will probably always ranking higher that new development of the grass areas. Dave – will the school board support the inclusion of the rest of Whittier. Steve Johnson – agrees with the premise on Murdoch’s, but of other areas are going to develop anyway, why not let the school district benefit from the taxes. Would like the URD board to consider supporting enhancement to Whittier. Dave – I see support Whittier as incentivizing residential in the area. Lanette – Based on previous input support for Whittier will be included in the plan. 149 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 54 It was the Unanimous Recommendation of the Board to Support the 7 Areas of Expansion. Summary Notes North Seventh Urban Renewal Board Meeting on North Seventh Avenue (Midtown) Urban Renewal Plan/District Expansion July 14th, 2015 Attendees: Board Members Scott Hedglin, Chair – voting Andrew Cetraro – voting Kevin Cook Carl Solvie – voting Austin Rector Carson Taylor – City Commission Liason Susan Fraser – voting Esther Schwier Absent: Bill Fogerty - voting Staff David Fine Allyson Brekke Tom Rogers Brit Fontenot Consultants Janet Cornish Lanette Windemaker Tony Becken-Gaddo, Dowl – Easement Acquisition on North 7th Public Attendees Gary Lusin, School Board Trustee Rob Watson, School Superintendent Cyndy Andrus, City Commission Eric Garberg, Planning Board Chair Kyle Scarr, TD&H Input on Expansion: Include all areas as previously decided, plus the remainder of the Whittier School property and the area just north of Murdock’s (pending annexation). Input on Urban Renewal Plan:  Increase the tools available for urban renewal activities including: • Public-Private Partnerships • Revolving Loan Programs • Fee mitigation • Grants (augment existing grant program) • Relaxation of sign ordinance (perhaps as an incentive tool) • Impact fee reimbursement • Other investment incentives such as writing down the cost of land to facilitate major projects in the district  Expand trail system north of I-90  Improve safety for students through the Safe Routes to School Program • Whittier School • Bozeman High School  Develop open space and event areas 150 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 55 • Aspen as a “festival street” and public anchor • The BMX area (if included in the District)  Improve area infrastructure • Enhance intersections • Connect infrastructure in and out of the district • Improve water, sewer and transportation infrastructure • Reconstruct streets • Create 8th Avenue where it is missing as an important secondary access • Improve broadband services to and within the district  Engage in urban renewal activities as provided for in statute; e.g. “to improve, clear, or prepare for redevelopment any real or personal property in an urban renewal area” (7-15-4233 MCA)  Promote/Market Midtown • Branding programs including those that tie “Midtown” to MSU • Gateway development • Marketing and outreach plans  Promote mixed-uses and higher density development, such as upper story residential development • Stimulate critical residential mass to help support commercial development  Coordinate mixed use development with better pedestrian access  Develop a variety of housing types in the urban renewal area • Co-op • Transitional • Senior/Special Needs • Income diverse  Provide for “live-work” opportunities in the district (targeting millennials as well as other groups who want to live and work in close proximity.)  Install way-finding signage • Within the district • On I-90 • Use the “Midtown” brand in the signage (early on to establish the name in association with the district)  Address design and zoning issues in the district • Provide choices to property owners for boulevard plantings, including drought tolerant plantings for sustainable water use • Address the medians – Should the medians be removed to make the area more like a CBD or should they be kept and enhanced, perhaps as gateway features? • Raise the building height restrictions to promote more multi-story buildings • Use design elements to link Midtown to Downtown • Install “traffic calming” art work • Develop a specific “vision” of the urban renewal district’s character – more like downtown? o Greater pedestrian orientation o Less of a vehicular pass through • Relax parking requirements 151 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 56 • Relax signage restrictions  Undertake Economic Development Planning that considers • A Convention/Conference Center • High-Tech companies (“groupings”) • Facilitation of “big deals”, through land acquisition, consolidation and roadblock reduction  Discourage business enterprises that create blighted conditions in the district through: • Zoning • Parking requirements • Design standards  Stimulate residential development in the Whittier School attendance area to take advantage of this neighborhood school  Help make improvements to obsolete facilities at the Whittier School • Planning and design assistance • Capital projects  Provide for public parking • Parking structure • Shared parking programs  Support multi-modal transportation • Develop bus stops in the district • Improve pedestrian safety at crossings and throughout the district  Foster sustainable approaches to: • Water use • Energy use – provide incentives for projects that use alternative energy • Storm water mitigation (preferably not using developable land)  Work with Gallatin College to develop partnerships in higher education for • Continuing education • Distance learning  Address ongoing maintenance needs including snow removal using various funding mechanisms (TIF, BID)  Participate in environmental mitigation/remediation efforts 152 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 57 Appendix B. Planning Consistency Review Planning Consistency Per Section 7-15-4213, MCA, prior to its approval of an urban renewal project, the local governing body shall submit the urban renewal project plan to the planning commission of the municipality for review and recommendations as to its conformity with the growth policy and the planning commission shall submit its written recommendations to the local governing body. The efforts of local Planning Boards to prepare land use recommendations for the Bozeman area began in 1955, when the first municipal Planning Board was formed. In April of 1958, S.R. DeBoer & Company (planning consultants from Denver, CO) prepared Bozeman’s first Master Plan. It included studies on transportation, street planning, zoning districts, parks and recreation, schools, park roads, and sanitation and health. The City made significant progress in comprehensive planning with the October 2001 adoption of the Bozeman 2020 Community Plan (2020 Plan). The 2020 Plan wholly replaced all previous comprehensive plans and complied with the new planning standards. The 2020 Plan recognized the changing nature of the economy and expanding knowledge of community development standards and consequences. The 2020 Plan also put a higher emphasis on coordinated land use and physical infrastructure planning. The Bozeman Community Plan was duly adopted as the current growth policy by the Bozeman City Commission by City of Bozeman Resolution No. 4163, dated June 1, 2009. In addition, Bozeman has completed many infrastructure and topic plans that have some influence on the area included under the Bozeman Midtown Urban Renewal District Plan. Some applicable plans are: • Design and Connectivity Plan for North Seventh Avenue Corridor. • Design Objectives Plan for Entryway Corridors. • Design Guidelines for Historic Preservation and the Neighborhood Conservation Overlay. North Seventh Avenue Urban Renewal District Plan; October, 2006 In August of 2005, the Bozeman City Commission adopted Resolution 3839, a Resolution of Necessity, and subsequently approved Ordinance 1685, on November 27, 2006, which created the North Seventh Avenue Urban Renewal District and adopted the North Seventh Avenue Urban Renewal Plan with a provision for tax increment financing, to be calculated using a base year of 2006. The following excerpts and specific statements were included in the 2006 North Seventh Avenue Urban Renewal Plan demonstrating conformance with the Bozeman 2020 Community Plan and describing the land uses and zoning in the area at that time. “Growth Policy Land Use Designations The Bozeman 2020 Community Plan designates the area along the N 7th Corridor as Neighborhood Commercial, Regional Commercial and Industrial. Some of the area east of N 5th Avenue between Tamarack and Oak is designated Residential and the area east along Oak Street contains Regional Commercial and Industrial designations. 153 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 58 Zoning Classifications The District primarily consists of “B-2 Community business District” zoned parcels. East of the corridor, two large vacant parcels are zoned “R-4 Residential High Density District”, and “M-1 Light Manufacturing” zoned parcels are located on the north end of the study area Land Area The District encompasses roughly 323 acres or approximately 30 of the approximately 10,763 acres which comprised the total area of the city of Bozeman in August, 2005. Land Use The District primarily includes areas of commercial, residential, agricultural, industrial, and public uses. Commercial Activity The District includes one of the city’s oldest auto oriented commercial strips. Much of the area was developed more than fifty years ago and much has been developed or will develop largely due to the influences of transportation features, particularly North Seventh Avenue, Interstate 90 and Oak Street. These transportation corridors shape many of the elements of the District including platting of land and land use, access, traffic and circulation, and development patterns Residential Neighborhoods Well established and well kept residential neighborhoods adjoin North Seventh Avenue commercial development on both the east and west. A portion of these neighborhoods is included in the District to assure that redevelopment of the Corridor includes careful consideration of the issues associated with these established residential areas.” Review of the Bozeman Midtown Urban Renewal District Plan’s Consistency with the Bozeman Community Plan To comply with state statute, this Bozeman Midtown Urban Renewal District Plan must be reviewed by the Bozeman City Planning Board and found to be in conformance with the Bozeman Community Plan. On October 20th, 2015 the City Planning Board reviewed the Bozeman Midtown Urban Renewal District Plan as outlined in this chapter and found it to be in conformance with the growth policy as required by 7-15-4213 MCA. Growth Policy Review The Bozeman Community Plan was reviewed in order to determine whether the growth policy adequately supports the urban renewal project (per 7-15-4213 MCA). The Bozeman Community Plan has been found to include: • Goals and Objectives that support the urban renewal, economic development, and development of infrastructure that encourages urban renewal and economic development in the community. • The inclusion of tax increment financing among the strategies to be implemented to achieve the Bozeman Community Plan’s goals and objectives. • The identification of land use through maps and/or text of lands. 154 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 59 An overall review of the goals and objectives of the growth policy indicates no conflicts for an urban renewal project with the growth policy. The following selections from the Bozeman Community Plan demonstrate conformance of the Bozeman Midtown Urban Renewal District Plan to the vision, goals and objectives of the Bozeman Community Plan. 1-2 Vision Statement (Page 1-2)  Bozeman’s unique identity, characterized by its natural surroundings, its historic and cultural resources, and its downtown, which is the heart and center of the community, is preserved and enhanced.  Bozeman’s economy is strong, diverse and sustainable.  Our natural resources are protected and preserved for future generations.  A diversity of recreational facilities, activities, and parks are provided.  Public services and infrastructure support our growing population in a cost-effective manner.  The community development pattern is sustainable, and preserves our health, safety, and quality of life.  The housing stock provides quality, affordability, and choice.  Our development pattern encourages and enables the use of diverse modes of transportation.  Our quality of life is enhanced by the arts.  Our governmental agencies, including the City of Bozeman and Gallatin County, work together in a cooperative and coordinated way for the good of the region.  An actively engaged citizenry has a wide array of opportunities to participate in civic life.  Our community recognizes that the individual and collective choices we make have consequences. 1.3 Addressing Growth & Change Goals and Objectives Goal G-1: Growth Management - Promote the unique history and character of Bozeman by preserving, protecting, and enhancing the overall quality of life within the planning area. (Page 1-3) Rationale: To ensure that Bozeman remains a great place to live, work, operate a business, and play we need to protect the qualities that make people and companies want to be here in the first place. • Objective G-1.1: Ensure growth is planned and developed in an orderly and publicly open manner that maintains Bozeman as a functional, pleasing, and social community. • Objective G-1.2: Ensure that adequate public facilities, services, and infrastructure are available and/or financially guaranteed in accordance with facility or strategic plans prior to, or concurrent with, development. • Objective G-1.3: Require development to mitigate its impacts on our community as identified and supported by evidence during development review, including economic, health, environmental, and social impacts. • Objective G-1.4: Ensure that Bozeman grows in a sustainable manner with consideration for climate change, health and safety, food production, housing, employment opportunities, natural hazard mitigation, and natural resource conservation. 155 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 60 Goal G-2: Implementation – Ensure that all regulatory and non-regulatory implementation actions undertaken by the City to achieve the goals and objectives of this plan are effective, fair, and are reviewed for consistency with this plan on a regular basis. (Pages 1-3 and 1-4) 3.3 Land Use Goals and Objectives Goal LU-1: Create a sense of place that varies throughout the City, efficiently provides public and private basic services and facilities in close proximity to where people live and work, and minimizes sprawl. (Page 3-6) Rationale: A sense of community is strengthened by distinctive areas which facilitate neighborhood identity. This is strengthened when essential services are available and encourage informal interactions. Full featured neighborhoods allow extensive interaction and build identity with a specific part of the community. A sense of place does not prohibit change or continued evolution of the community. • Objective LU-1.1: The land use map and attendant policies shall be the official guide for the development of the City and shall be implemented through zoning regulations, capital improvements, subdivision regulations, coordination with other governmental entities, and other implementation strategies. • Objective LU-1.2: Review and revise regulatory standards and City policies to ensure that develop advances the vision, goals, and objectives of this plan, and sprawl, as defined in Appendix K (of the Community Plan), is discouraged. • Objective LU-1.3: Encourage positive citizen involvement in their neighborhood and community. • Objective LU-1.4: Provide for and support infill development and redevelopment which provides additional density of use while respecting the context of the existing development which surrounds it. Respect for context does not automatically prohibit difference in scale or design. Goal LU-2: Designate centers for commercial development rather than corridors to encourage cohesive neighborhood development in conjunction with non-motorized transportation options. (Page 3-7) Rationale: Transportation and land use are closely connected. A center based development pattern is more land and resource efficient and supports the goals of community and neighborhood development and sustainability. Future growth will cause additional demand for and use of transportation facilities. A center based development pattern can reduce future demand. • Objective LU-2.1: Locate high density community scale service centers on a one mile radius, and neighborhood service centers on a one-half mile radius, to facilitate the efficient use of transportation and public services in providing employment, residential, and other essential uses. • Objective LU-2.2: Provide for a limited number of carefully sited regional service centers which are appropriately sized and serviced by adequate infrastructure. • Objective LU-2.3: Encourage redevelopment and intensification, especially with mixed uses, of brownfields and underutilized property within the City consistent with the City’s adopted standards. Using this approach rehabilitate corridor based commercial uses into a pattern more supportive of the principles supported by commercial centers. 156 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 61 Goal LU-3: Strengthen the Historic Core of Bozeman to preserve the community character, economic resource, and historical connection represented by this area. (Page 3-7) Goal LU-4: Sustainability, Natural Environment and Aesthetics – Ensure adequate review of individual and cumulative environmental and aesthetic effects of development to preserve the viewsheds, natural functions, and beauty which are a fundamental element of Bozeman’s character. Design and development in a quantifiably sustainable manner are desirable. (Pages 3-8 and 3-9) Rationale: The natural environment is a key aspect of Bozeman’s appeal. Accidental or deliberate injury to the natural environment can be very costly to repair and can have substantial impacts on City functions. Individual actions can cause incremental change which is unacceptable. Human use of resources will cause impacts. Development within the City can provide significant protection for valued natural resources within the larger community of Gallatin County. • Objective LU-4.1: Protect important wildlife habitats, and natural areas which provide for beneficial functions, such as floodplains. • Objective LU-4.2: Protect the viewshed, including ridgelines, surrounding and within Bozeman to preserve the natural character and mountain setting which helps to make Bozeman unique. • Objective LU-4.3: Encourage the creation of well-defined residential neighborhoods. Each neighborhood should have a clear focal point, such as a park, school, other open space or community facility, and shall be designed to promote pedestrian convenience. To this end, the City shall encourage the use of historic Bozeman neighborhoods, including a significantly interconnected street system, as models for the planning and design of new residential neighborhoods. • Objective LU-4.4: Review and revise the City’s regulations to encourage and support sustainability in new construction and rehabilitation or redevelopment of existing areas. • Objective LU-4.5: Generation of renewable energy including solar and wind power as an accessory use is encouraged with proper design and compatibility to adjacent uses. • Objective LU-4.6: All mixed use areas should be developed on a grid of connectivity, including streets, alleys, driveways, and parking areas that contain multimodal facilities and a high level of connectivity to adjacent development. Shared use, underground, or other structured parking is recommended to reduce surface parking area. • Objective LU-4.7: Stormwater systems should be designed using Low Impact Development principles. • Objective LU-4.8: Promote the efficient use of water, energy, land, human resources, and natural resources and protect water supply quantity and quality. • Objective LU-4.9: Recognize the cumulative effects of changes in land use and develop equitable means to evaluate, avoid, and/or respond to negative cumulative impacts. Recognize the value of well designed and implemented urban development in minimizing impacts from existing and future development. • Objective LU-4.10: Encourage development throughout Gallatin County to occur within existing municipalities and support the local ability to address and manage change and growth. 4.3 Community Quality Goals and Objectives 157 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 62 Goal C-1: Human Scale and Compatibility — Create a community composed of neighborhoods designed for the human scale and compatibility in which the streets and buildings are properly sized within their context, services and amenities are convenient, visually pleasing, and properly integrated. (Page 4-3) Rationale: A community’s physical form, rather than its land uses, is its most enduring characteristic. We should design places for people as the primary user. Good design looks good and feels good. The spatial relationships in our environment in large part determine our experience of the place. Scale and context should be the beginning point of any discussion of community quality. • Objective C-1.1: - Expand design review programs citywide to ensure well designed spaces throughout the community. • Objective C-1.2: - Update design objectives to include guidelines for urban spaces and more dense development. • Objective C-1.3: Support compatible infill within the existing area of the City rather than developing land requiring expansion of the City’s area. • Objective C-1.4: Achieve an environment through urban design that maintains and enhances the City’s visual qualities within neighborhood, community and regional commercial areas. Goal C-2: Community Circulation — Create a circulation system both vehicular and pedestrian that is fully connected, integrated, and designed for ease of use. (Page 4-4) Rationale: Street and roadway layouts have an impact on the community far beyond their costs of construction; they create the mental image one is left with after visiting a place. Options for travel by modes other than in an automobile can increase the physical health of the community and fight the current obesity epidemic. Moving about the community through multiple modes of transportation should be safe, pleasant, easy, and available to all. Instead of a project-by-project struggle to accommodate bicycle- and pedestrian-friendly practices, complete streets policies require road construction and improvement projects to begin by evaluating how the right-of-way serves those who use it. • Objective C-2.1.: Require adequate and efficient circulation in all subdivisions and site plans and provide connectivity between developments and major destinations for both the pedestrians and vehicles, including human powered vehicles. • Objective C-2.2: Develop standards for complete streets that will apply to City streets and to private drive aisles. • Objective C-2.3.: Investigate the expansion of shared use pathways within the City. • Objective C-2.3.: Require alleys in all new development both commercial and residential where feasible. • Objective C-2.4: Support Community Transit. Work with the Streamline Transit agency to include transit stops, shelters, seating, lighting or areas improved for future transit stops within development projects where appropriate. • Objective C-2.5: Explore and encourage innovative parking solutions for both residential and commercial projects including parking best practices, expanded parking districts, cash in lieu of parking, and design guidelines for structured parking. 158 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 63 Goal C-3: Neighborhood Design – New neighborhoods shall be pedestrian oriented, contain a variety of housing types and densities, contain parks and other public spaces, have a commercial center and defined boundaries. (Page 4-5) Rationale: Good neighborhoods allow choices in housing, recreation, modes of transportation, options for commerce, work, and entertainment while providing a healthy environment and a sense of place and identity that residents can call home. • Objective C-3.1: Encourage the preservation and continuing operation of existing neighborhood schools. • Objective C-3.2: Provide for neighborhood focal points to encourage local identity within the community and provide a place for social interaction. • Objective C-3.3: Establish minimum residential densities in new and redeveloping residential areas. • Objective C-3.4: Create neighborhood Commercial Centers that will provide uses to meet consumer demands from surrounding Residential Districts for everyday goods and services, and will be a pedestrian oriented place that serves as a focal point for the surrounding neighborhoods. • Objective C-3.5: Integrate a wide variety of open lands, such as parks, trails, squares, greens, playing fields, natural areas, orchards and gardens, greenways, and other outdoor spaces into neighborhoods. • Objective C-3.6 Ensure that health (as defined in Appendix K (of the Community Plan)) issues within the scope of the City of Bozeman’s responsibility are included in the City’s regulations, policies, and practices. Goal C-4: Design Guidelines – Create illustrated design guidelines to give clear direction in design and review of residential and non-residential neighborhoods without unduly constraining architectural style and innovation. (Page 4-6) Rationale: Design Guidelines allow the community an opportunity to communicate with developers and those who wish to build here. The guidelines are a way to convey to the development community who we are and where we as a community would like to go. The guidelines can be read as a list of values. • Objective C-4.1: Continue to develop the design guidelines for site planning and buildings to emphasize creativity, diversity, and individuality. The design guidelines shall be based on the premise that truly creative design is responsive to its context and contributes to a comfortable, interesting community. • Objective C-4.2: All new residential buildings should be designed to emphasize the visually interesting features of the building, as seen from the public street and sidewalk. The visual impact of garage doors, driveways, and other off-street parking will be minimized and mitigated. • Objective C-4.3: Ensure the development of new residential structures that are aesthetically pleasing through urban design. • Objective C-4.4: Provide for the protection of character and the enhancement of services in existing residential neighborhoods. • Objective C-4.5: Investigate expanding form based zoning as a design review strategy for the City. 159 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 64 Goal C-5: Public Landscaping and Architecture— Enhance the urban appearance and environment through the use of architectural excellence, landscaping, trees and open space. (Page 4-7) Rationale: The benefits of a well developed landscape are myriad: beautification of the environment, animal habitat, reduction of the heat island effect, stormwater control, and opportunities for recreation and human interaction. • Objective C-5.1: Provide street trees in all public rights of way to establish a human scale to transportation corridors. • Objective C-5.2: Encourage inclusion of plazas and other urban design features as public areas within developments. • Objective C-5.3: Continue to develop the design guidelines to encourage innovative landscaping including urban hardscapes, public art, plazas, roof gardens, green walls, and other features to emphasize the urban qualities of individual projects. • Objective C-5.4: Continue to develop the design guidelines to provide direction to naturalizing stormwater systems and integrating them into the landscape as an amenity. Goal C-6: Support Sustainability— Provide a framework to integrate the functional systems of a development into the site planning and building architecture. (Page 4-8) Rationale: The support and encouragement of new technologies and techniques to make our developments more sustainable while still maintaining good design and an aesthetically pleasing cityscape is obligatory in the face of today’s global environmental challenges. • Objective C-6.1: Continue to develop the design guidelines to encourage the treatment of stormwater on site with an aesthetic and integrated approach utilizing Low Impact Development principles. Provide incentives for innovation. • Objective C-6.2: Continue to develop the design guidelines to provide direction for the integration of site based power generation (solar, wind, geothermal, etc.) in both commercial and residential projects. • Objective C-6.3: Encourage and support energy conservation and efficiency in all aspects of development. • Objective C-6.4: Continue to develop the design guidelines and ordinances to implement best dark sky lighting practices including utilizing new technologies to reduce impacts to the night sky. 5.3 Historic Preservation Goals and Objectives Goal HP-1: Protect historically and culturally significant resources that contribute to the community’s identity, history, and quality of life. (Page 5-5) Goal HP-2: Promote protection of historically and culturally significant properties through education and outreach in order to increase community awareness and identity. (Page 5-6) 6.3 Housing Goals and Objectives Goal H-1: Promote an adequate supply of safe, quality housing that is diverse in type, density, cost, and location with an emphasis on maintaining neighborhood character and stability. (Page 6-3) 160 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 65 Goal H-2: Promote the creation of housing which advances the seven guiding land use principles of Chapter 3. (Pages 6-3 and 6-4) Goal H-3– Encourage an adequate supply of affordable housing and land for affordable housing. (Page 6-4) 7.3 Arts and Culture Goals and Objectives Goal AC-1: Support public and private arts and cultural opportunities in the Bozeman community for the enjoyment of all persons. (Page 7-3) 8.3 Economic Development Goals and Objectives Goal ED-1: Promote and encourage the continued development of Bozeman as a vital economic center. (Page 8-4) Rationale: Economic vitality supports the social and cultural fabric of the community and provides for physical needs of the citizens. • Objective ED-1.1: Support business creation, retention, and expansion. Emphasize small businesses, ‘green’ businesses, and e-businesses. • Objective ED-1.2: Coordinate the provision of infrastructure necessary to support economic development. • Objective ED-1.3: Foster a positive economic climate through a well managed and aesthetically pleasing built environment, and by maintaining a beautiful and healthy natural environment to promote and attract businesses with a desirable impact on the community. • Objective ED-1.4: Encourage ongoing improvements in private infrastructure systems, such as telecommunications, and promote state-of- the-art facilities. • Objective ED-1.5: Encourage, through the use of incentives, the development of business and industry that provides wages that are proportionate to, or are higher than, the cost of living and provide options to expand skills and opportunities for Bozeman’s workforce. • Objective ED-1.6: Utilize the City’s economic development and urban renewal plans to stimulate investment and maintain a health and vibrant economy. • Objective ED-1.7: Support efforts by the Bozeman Convention and Visitors Bureau, the Bozeman Area Chamber of Commerce, the Downtown Bozeman Partnership, Prospera Business Network, MSU-Bozeman and others to promote Bozeman. (Source: Bozeman Economic Development Plan) • Objective ED-1.8: Leverage local, state, and federal economic development resources to enhance economic growth in Bozeman. (Source: Bozeman Economic Development Plan) Implementation Policies: 2-6, 10, 12-14, 16, 24, 25, 26, 47-56, 72, 77, 78, 80, 81, 83, 84, 86-88 Goal ED-2: Support balanced policies and programs to encourage a durable, vigorous, and diverse economy. (Page 8-5) Rationale: A lack of balance in economic policy can lead to loss of community viability by sacrificing high long term value community assets for short term, “quick fix” benefits. It is important to recognize the economic importance of the social, cultural, and natural assets of Bozeman. 161 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 66 • Objective ED-2.1 Support the preservation of agricultural lands and activities and a viable agricultural community, including community supported agriculture, as an important economic sector in the Gallatin Valley. • Objective ED-2.2: Support the preservation of Gallatin County’s historic agricultural character and rural lifestyle. • Objective ED-2.3: Ensure the viability of agricultural land uses by protecting water sources used for irrigation. • Objective ED-2.4: Foster a diverse economy that will protect the economic climate for existing businesses and maintain opportunities for business expansion. • Objective ED-2.5: Participate in the growing regional economy in a manner that minimizes conflict between jurisdictions and that maximizes natural market strengths. • Objective ED-2.6: Maintain a strong financial position for the City of Bozeman. • Objective ED-2.7: Support Montana State University in its educational and research mission, which contributes to the local and state economy. • Objective ED-2.8: Support education and workforce development initiatives to provide Bozeman with the qualified workers to meet the needs of business. (Source: Bozeman Economic Development Plan) • Objective ED-2.9: Create a more collaborative and effective working partnership between the business community and the City of Bozeman and effectively manage the City of Bozeman’s regulatory environment to accomplish goals without hindering business expansion and economic growth. (Source: Bozeman Economic Development Plan) Goal ED-3: Recognize the importance of quality of life elements in attracting and developing economic activity. (Page 8-6) Rationale: High cultural, educational, and outdoor recreational values are commonly cited reasons for people to visit or live in Bozeman. Protecting and building upon existing strong assets leverages other efforts for economic development. A strong sense of shared community values and mutual support creates a good environment for business and workers to succeed. • Objective ED-3.1: Build upon existing cultural assets such as historic districts, parks, arts festivals, the arts community, and MSU to strengthen the local economy. • Objective ED-3.2: Encourage sustainable development to minimize costs to businesses and customers and protect quality of life. • Objective ED-3.3: Encourage businesses to be good stewards and contributors to the community, including participating in public/private partnerships to meet community needs. 9.3 Environmental Quality and Critical Lands Goals and Objectives Goal E-1: Continue protecting critical lands as valuable resources for the Community. (Page 9-5) Goal E-2: Ensure good environmental quality of water resources, air, and soils within the planning area. (Page 9-5) Goal E-3: Help address climate change by taking steps towards reducing the City’s greenhouse gas emissions. (Page 9-6) 162 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 67 Goal E-4: Promote and support responsible use of our natural resources. (Page 9-7) Goal E-5: Maintain a natural and attractive aesthetic character for the Bozeman Area. (Page 9-7) 10.3 Parks, Recreation, Open Space, and Trails Goals and Objectives Goal R-1: Provide for accessible, desirable, and adequately maintained public parks, open spaces, trail systems, and recreational facilities for residents of the community. (Pages 10-4 and 10-5) Rationale: Quality recreational facilities, such as parks and trails, are an important component of the high quality of life enjoyed by Bozeman residents. Recreational facilities also contribute to the strength of the local economy, encourage healthy lifestyles, and provide venues for arts and cultural events. Finally, the siting of recreational lands, such as parks and open spaces, greatly influences land use patterns, and can be used to protect environmentally sensitive lands. • Objective R-1.1: Make all City recreational facilities and programs accessible to and affordable for all members of the community. • Objective R-1.2: Provide education and information to enhance the utilization and enjoyment of public recreation facilities. • Objective R-1.3: Establish regular and sufficient funding sources to acquire, develop and maintain public parks, trails, and recreational facilities, and to meet the community’s recreational programming needs. • Objective R-1.4: Establish and strengthen partnerships with other recreation providers to meet the community’s recreational needs in a coordinated and cooperative manner. • Objective R-1.5: Connect the community using trails. • Objective R-1.6: Ensure that parkland’s size, location, suitability, and development promote usability. • Objective R-1.7: Ensure equity in the provision of recreation facilities and programs. • Objective R-1.8: Provide clear and concise standards and requirements to ensure predictability for all groups providing, development, and maintaining recreation facilities. • Objective R-1.9: Ensure that the City’s recreational facilities are safe. • Objective R-1.10: Plan for the City’s recreational facilities citywide and at the site level. • Objective R-1.11: Establish and meet high level of service standards in the provision of recreational facilities and services. • Objective R-1.12: Use parks and open space to protect critical and sensitive lands. • Objective R-1.13: Use parks and recreation facilities as community design features such as a neighborhood focal point. • Objective R-1.14: Continue to provide parks, recreation, open space, and trails facilities that meet or exceed national per capita standards. Goal R-2: Provide recreational programming that promotes active, healthy lifestyles. (Page 10-5) Goal R-3: Promote business growth and economic development. (Page 10-6) Rationale: Excellent recreational facilities attract tourists, residents, and businesses to the community. 163 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 68 • Objective R-3.1: Encourage economic vitality in the community by providing excellent recreational facilities. • Objective R-3.2: Provide recreation programs that expand professional competencies, and provide professional and continuing education opportunities to enhance the skills and knowledge of the City’s workforce. Goal R-4: Use recreational lands to promote arts and culture. (Page 10-6) Rationale: Recreational lands such as parks are obvious locations to conduct arts and culture events and activities. • Objective R-4.1: Consider arts and culture uses when siting and planning parks, and incorporate venues and public art as appropriate. 11.3 Transportation Goals and Objectives Goal T-1: Transportation System–Maintain and enhance the functionality of the transportation system. (Pages 11-4 and 11-5) Rationale: Transportation must be reliable to achieve its function. People depend on the transportation system to meet their needs for both vehicular and non-vehicular travel. • Objective T-1.1: The implementation of the transportation facility plan shall conform to the goals and policies of this Plan to ensure that public and private investments in transportation infrastructure support other land use decisions of the community. • Objective T-1.2: Ensure that the development review process shall coordinate development and transportation services so that necessary facilities, such as pedestrian and vehicular travel ways, are provided concurrently with development. • Objective T-1.3: All development activity shall comply with the right-of-way standards, road locations, and other policies set forth in the transportation facility plan to ensure that an orderly, efficient, effective transportation system is continued and to avoid future problems with inadequate transportation services and options. • Objective T-1.4: Ensure that adequate interconnections are made throughout the transportation system to ensure a variety of alternatives for trip routing and reduce total travel distance. Goal T-2: Ensure that a variety of travel options exist which allow safe, logical, and balanced transportation choices. (Pages 11-5 and 11-6) Rationale: Providing for a variety of travel options supports public health, reduces resource demand, and helps the City operate efficiently and cost effectively. Coordinated and cooperative efforts by all transportation system providers minimize the costs while maximizing benefits. • Objective T-2.1: For the purposes of transportation and land use planning and development, non-motorized travel options and networks shall be of equal importance and consideration as motorized travel options. This balance shall ensure that a variety of travel opportunities are available which do not require the use of automobiles for local trips. • Objective T-2.2: Review and revise parking requirements to ensure provision of parking consistent with other goals of this plan to support commercial and residential activities in the downtown and other areas. • Objective T-2.3: Reduce the negative health and physical impacts of the automobile by coordinating transportation policies to support land use decisions that can decrease the 164 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 69 number and length of automobile trips. When considering automobile impacts maintain awareness of all the costs of transportation. • Objective T-2.4: Seek and provide adequate funding to improve and maintain the functionality of all elements of the transportation system. Goal T-3: Encourage transportation options that reduce resource consumption, increase social interaction, support safe neighborhoods, and increase the ability of the existing transportation facilities to accommodate a growing city. (Page 11-6) Rationale: Supporting transit, pedestrian and bicycle travel as an alternative to single occupancy cars can create more capacity for travel at reduced expense. People are more likely to use these modes of travel if they feel safe when they use them. • Objective T-3.1: Promote and support a high-quality public transit system. • Objective T-3.2: Support and encourage Transportation Demand Management to reduce peak travel demands and increase the efficient use of the existing transportation system. Goal T-4: Pathways–Establish and maintain an integrated system of transportation and recreational pathways, including streets, bicycle and pedestrian trails, neighborhood parks, green belts and open space. (Page 11-7) Rationale: The City works with many partners to develop and operate the transportation system in the City. Coordinating among these partners creates a greater value from a complete and functional system rather than disjointed pieces. • Objective T-4.1: Coordinate development of non-motorized transportation systems in conjunction with motor vehicular transportation systems. • Objective T-4.2: Further develop and maintain an interconnected and convenient pedestrian and bicycle network for commuting and recreation as discussed and described in the transportation facility plan and in coordination with the design standards of the transportation facility plan and the Parks, Recreation, Open Space, and Trails Plan. • Objective T-4.3: Review, revise, and update trail/pathway standards to reflect the various types and uses of trails and other non-motorized travel ways. • Objective T-4.4: Continue to improve the existing pedestrian network to increase American’s with Disabilities Act compliance. The long term intent is full accessibility throughout the community transportation system. Give highest priority to those improvements that will provide the greatest access to community centers of activity. 12.3 Public Services & Facilities Goals and Objectives Goal PS-1: Facilities and Services- All public facilities and services provided under the authority of the City of Bozeman shall be provided in a reliable, efficient, cost-effective and environmentally sound manner. (Pages 12-4 and 12-5) Rationale: The City is committed to providing services in a manner which respects the values and priorities of the citizens of the community. • Objective PS-1.1: All service and facilities provided under the authority of the City of Bozeman shall have facility plans which will evaluate current and future needs and best management practices for providing services. • Objective PS-1.2: Implement all facility plans, including transportation, in compliance with the goals and objectives of the City’s growth policy. 165 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 70 • Objective PS-1.3: Strive to coordinate the provision of services with other governmental agencies to prevent overlap, excessive cost, and to provide the highest quality services. • Objective PS-1.4: Balance maintenance of existing facilities with the need to provide new facilities so that existing users do not suffer a reduction in service quality in order to provide services to new development. • Objective PS-1.5: Sewer Facilities - Provide for public central sewer collection and treatment facilities for all existing and future land uses within the planning area. • Objective PS-1.6: Storm Drainage - Provide for storm drain, flood control and treatment facilities to protect existing and future land uses, preserve public safety and protect surface and groundwater quality. • Objective PS-1.7: Solid Waste - Provide for a balanced and integrated solid waste reduction, recycling and disposal system and design to meet the future needs for the planning area in coordination with other members of the solid waste district. • Objective PS-1.8: Domestic Water - Provide for a safe and adequate water supply, distribution, storage and treatment facilities to support water demand projected by planned land uses in the planning area. • Objective PS-1.9: Fire Protection - Protect the community through a comprehensive fire and life safety program for current and future city needs. • Objective PS-1.10: Police Service — Provide protection of community residents from criminal activity, reduce the incidence of crime, and provide other necessary services to meet current and future needs. • Objective PS-1.11: Library Services - Ensure that high quality library services are provided in an efficient, cost-effective manner. • Objective PS-1.12: Cemetery - Ensure that cemetery facilities are adequately provided, developed, and maintained. Goal PS-2: The City shall work with other service and utility providers to ensure the adequate and safe provision of services. (Page 12-5) Rationale: Public and private utilities often are located within the same rights-of-way and easements. Coordination between providers is essential to prevent conflicts, damage, and injury. Services are necessary to support urban development. • Objective PS-2.1: Education - Ensure that the area around educational institutions has adequate residential parking, facilities, bike paths, safe cross walks, and zoning to ensure a high quality of life for school users and city residents. • Objective PS-2.2: Irrigation Water — Provide adequate protection to the canals from development and to ensure future access to canal water for agricultural use. • Objective PS-2.3: Private Utilities — Facilitate the provision of adequate private utility services within the City while respecting the character of Bozeman. Goal PS-3: Establish regular and sufficient funding sources to acquire, develop, and maintain public services, and meet the community’s needs. (Page 12-6) Rationale: Adequate and reliable funding sources are critical to the provision of quality facilities and services in a quantity sufficient to keep pace with our growing population. Dependable funding which enables correctly timed maintenance of facilities results in the least overall cost of operation. 166 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 71 • Objective PS-3.1: Establish regular and sufficient funding sources to acquire, develop, and maintain municipal facilities. • Objective PS-3.2: Continue a blend of enterprise and general fund supported services to most nearly match revenues to sources of demand for service while recognizing the general obligations of good government. • Objective PS-3.3: Encourage the annexation of wholly surrounded parcels, while recognizing the financial impacts on small properties without redevelopment options. 13.3 Disaster and Emergency Prevention and Response Goals and Objectives Goal D-1: Recognize the on-going and pervasive opportunity for hazards to occur and act pro-actively to minimize their effects. (Page 13-2) Goal D-2: Recognize and strive to address both chronic as well as acute hazards and the effect of cumulative actions on increasing or decreasing hazards. (Page 13-3) 14.3 Regional Coordination and Cooperation Goals and Objectives Goal RCC-1: Coordinate policies and actions between public entities to increase effectiveness and efficiency of implementation of the Bozeman Community Plan. (Pages 14-2 and 14-3) Goal RCC-2: Utilize inter-local agreements and similar mechanisms to establish formal coordination mechanisms so intent, scope, and functions are well defined to advance cooperation. (Pages 14-3 and 14-4) Rationale: Elected and appointed officials change membership over time. Having a formal inter-local agreement ensures continuity and consistency of policy over time. Development of agreements facilitates discussion of issues so that pitfalls can be avoided and success is more likely. • Objective RCC-2.1: Document and formalize the practice of the county not approving development within the planning area where the City considers services to be reasonably available. • Objective RCC-2.2: Evaluate means for the City to support the County’s proposed transfer of development credit program. • Objective RCC-2.3: Work with Gallatin County to develop standards to facilitate extension of urban services including street widths, utility easements, and subdivision design. • Objective RCC-2.4: Develop joint programs and practices with local, state, and federal entities to address health, safety, and environmental concerns, as well as other issues as may be identified. • Objective RCC-2.5: Work with School District 7 to coordinate future school locations and development to integrate with the City’s transportation network, location of residences, and location and use of public parks. • Objective RCC-2.6: Continue coordination with the Montana Department of Transportation so that street construction and maintenance advance the purposes of this plan, support infill and extension of pedestrian and bicycle circulation, and other issues as may be identified. • Objective RCC-2.7: Continue cooperation with Montana State University on transportation, building siting, future land use planning, and other town/gown issues. 167 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 72 • Objective RCC-2.8: Recognize the significant influence that state and local agencies, such as the US Forest Service, have on City concerns such as watershed management and recreation. Specific Goals and Objectives in the Bozeman Community Plan furthering urban renewal and economic stability for the prevention and the elimination of urban blight.  Land Use Objective LU-1.4: Provide for and support infill development and redevelopment which provides additional density of use while respecting the context of the existing development which surrounds it. Respect for context does not automatically prohibit difference in scale or design.  Land Use Objective LU-2.3: Encourage redevelopment and intensification, especially with mixed uses, of brownfields and underutilized property within the City consistent with the City’s adopted standards. Using this approach rehabilitate corridor based commercial uses into a pattern more supportive of the principles supported by commercial centers.  Land Use Objective LU-4.4: Review and revise the City’s regulations to encourage and support sustainability in new construction and rehabilitation or redevelopment of existing areas.  Economic Development Objective ED-1.2: Coordinate the provision of infrastructure necessary to support economic development.  Economic Development Objective ED-1.4: Encourage ongoing improvements in private infrastructure systems, such as telecommunications, and promote state-of- the-art facilities.  Economic Development Objective ED-1.6: Utilize the City’s economic development and urban renewal plans to stimulate investment and maintain a health and vibrant economy.  Economic Development Objective ED-1.8: Leverage local, state, and federal economic development resources to enhance economic growth in Bozeman.  Economic Development Objective ED-2.4: Foster a diverse economy that will protect the economic climate for existing businesses and maintain opportunities for business expansion.  Economic Development Objective ED-2.9: Create a more collaborative and effective working partnership between the business community and the City of Bozeman and effectively manage the City of Bozeman’s regulatory environment to accomplish goals without hindering business expansion and economic growth. Evaluation of the Bozeman Midtown Urban Renewal District Plan for conformance with Overall Principles and Goals of the Bozeman Community Plan.  In conformance with the growth policy, the Bozeman Midtown Urban Renewal District Plan seeks to provide long term economic stability and to use planning and the development of public infrastructure as tools for well managed growth.  The goals of the Bozeman Midtown Urban Renewal District as stated in the Urban Renewal District Plan are:  Goal #1 Promote Economic Development  Goal #2 Improve Multi-Modal Transportation  Goal #3 Improve, Maintain and Support Innovation in Infrastructure  Goal #4 Promote Unified, Human Scale Urban Design  Goal #5 Support Compatible Urban Density Mixed Land Uses 168 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 73 Growth Policy Implementation The following selections from the Bozeman Community Plan demonstrate conformance of the Bozeman Midtown Urban Renewal District Plan to the implementation strategies and tools of the growth policy. 16: Implementation 16.2 Implementation Action Plan Programs or Detailed Planning Efforts (Page 16-2) - This growth policy establishes a foundation for programs as well as more detailed plans. For example, a neighborhood plan for Downtown and an Economic Development plan now underway were both initiated through the growth policy. Programs have varying levels of priority, depending on the issues involved. Consequently, the City will initiate them at different intervals. Programs often provide the organizational structure to carry out routine City operations such as street maintenance. Detailed planning also includes the preparation of facility plans. The Bozeman Community Plan chronicles several programs and/or detailed plans that apply to the Bozeman Midtown Urban Renewal District some of which are described as follows: 8: Economic Development 8.1 Intent and Background. (Page 8-3) The City has also invested in urban renewal plans for the N. 7th Avenue Corridor, the Downtown area, and the Northeast Neighborhood These detailed plans help spur reinvestment and preservation of economic activity and resources. D.1 Neighborhood Conservation Overlay District (Pages D-1 and D-2) Enhance property values through the stabilization of neighborhoods and areas of the City, increase economic and financial benefits to the City and its inhabitants, and promote tourist trade and interests. D.2 Entryway Corridor Overlay District (Pages D-2 and D-3) It is the intent and purpose of these requirements to ensure the quality of development along these corridors to enhance the impression and enjoyment of the community by guiding development and change that occurs in these areas. These provisions are also intended to improve signage, landscaping, access and other contributing elements of entry corridor appearance and function. Design Objectives Plan for Entryway Corridors. (Page J-10) The entryways into Bozeman play a significant role in shaping attitudes toward our community. Bozeman has adopted special standards which apply to these areas. Updated in 2005, the design guidelines provide illustrated standards which help implement the purposes adopted by ordinance. Design and Connectivity Plan for North Seventh Avenue Corridor (Page J-11) The redevelopment and rehabilitation of the N. 7th Avenue corridor was the purpose of the formation of an urban renewal district. The corridor plan, prepared by Winter and Company and adopted in 2006, provides guidance on the design character, opportunities, and challenges for redeveloping the corridor. A group of land owners within the district boundaries advises the City Commission and suggests a work plan each year to advance the plan. An emphasis is placed within the plan on improving pedestrian and bicycle circulation as well as character of different sections of the street corridor. 16: Implementation 16.2 Implementation Action Plan Funding Mechanisms (Page 16-3) - Bozeman has a longstanding policy to provide the maximum level of services, to the most citizens, in the most cost effective manner, with due consideration given to all costs – economic, fiscal, 169 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 74 environmental, and social. In doing so, the city limits on-going expenditures to a level that can be supported with current revenues, uses one-time dollars to fund capital assets or other non-recurring expenditures, and annually adopts a 5year capital improvements plan for construction and maintenance of large city assets. User fees and charges are used, as opposed to general taxes, when distinct beneficiary populations or interest groups can be identified; they are more equitable, since only those who use the service must pay, thereby eliminating the subsidy provided by nonusers to users, which is inherent in general tax financing. The City also uses public/private partnerships, intergovernmental transfers, and private grants when available. Table 16-1 Implementation Policies and Actions (Pages 16-4 thru 16-18) Chapter 1, 3. Research and implement incentives and regulations and publicize existing incentives, in accordance with the Bozeman Community Plan, that encourage development within the City of Bozeman. 10, 14, 75, 81 Chapter 3, Land Use 9. Encourage infill and redevelopment which is respectful of its context. 4, 7, 21, 28, 61, 62 Chapter 3, Land Use 11. Continue programs which support adaptive reuse, reinvestment, and continued functional and aesthetic viability of the Historic Core. 22 Chapter 5, Historic Preservation 21a. Use and publicize incentives, such as, but not limited to, public infrastructure funding support and tax abatement, to encourage commercial and residential development or redevelopment of identified infill areas, including brownfields and the Historic Core. Chapter 6, Housing 28a. Review and revise as needed standards to infill development, redevelopment, and new development to provide clear guidance and mitigation of objective problems. Chapter 8, Economic Development 49. Support the creation and expansion of local businesses. 3, 77, 80 Chapter 8, Economic Development 49e. Maintain and seek to expand resources available through the City’s revolving loan fund and urban renewal districts. Chapter 8, Economic Development 49g. Increase awareness of existing economic and other benefits of and further develop incentives for locating and operating benefits within City limits. Chapter 8, Economic Development 53. Recognize sustainability as a component of economic development. 12 170 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 75 Identified implementation tools and strategies, including tax increment financing, which help to achieve the Bozeman Community Plan’s goals and objectives.  Provides a foundation for programs as well as more detailed plans, such as urban renewal district plans with tax increment financing programs.  Describes the use of alternative funding mechanisms when distinct beneficiary populations or interest groups can be identified and more equitably served (such as tax increment financing).  Encourages development within the City of Bozeman.  Encourages infill and redevelopment.  Continues programs which support adaptive reuse and reinvestment.  Encourages commercial and residential development or redevelopment of identified infill areas through the use of and publicizing of incentives, such as, but not limited to, public infrastructure funding support  Supports standards for infill development and redevelopment.  Supports the creation and expansion of local businesses.  Maintains and seeks to expand resources available through urban renewal districts.  Increases awareness of existing economic and other benefits of and further develop incentives for locating and operating within City limits.  Recognizes sustainability as a component of economic development. Evaluation of the conformance of the Bozeman Midtown Urban Renewal District Plan with the implementation tools and strategies in the Bozeman Community Plan.  The Bozeman Midtown Urban Renewal District Plan takes advantage of the urban renewal law offered by the State of Montana Code.  The Bozeman Midtown Urban Renewal District Plan provides for the opportunity to use tax increment financing to assist with redevelopment and revitalization activities, and encourage the retention and growth of economic development.  The Bozeman Midtown Urban Renewal District Plan supports the development of infrastructure that encourages urban renewal and economic development in the community. Growth Policy Future Land Use The growth policy provides a visual policy statement with the identification of the future land use pattern through maps and/or text of lands to help achieve the goals and objectives of the Bozeman Community Plan. The Bozeman Community Plan designates the core area along the North 7th Avenue Corridor starting from the north end as Industrial, Regional Commercial and Services, and Community Commercial Mixed Use. The majority of the adjacent neighborhoods are designated Residential, with a couple of small areas designated Parks, Open Space and Recreational Lands and Public Institutions. The description of the future land uses is as follows. A section of Bozeman Community Plan Future Land Use Map and Legend follows the future land use descriptions. Regional Commercial and Services. Bozeman is a retail, education, health services, public administration, and tourism hub and provides opportunities for these activities for a multi-county 171 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 76 region. Often the scale of these services is larger than would be required for Bozeman alone. Because of the draw from outside Bozeman, it is necessary that these types of facilities be located in proximity to significant transportation routes. Since these are large and prominent facilities within the community and region, it is appropriate that design guidelines be established to ensure compatibility with the remainder of the community. Opportunity for a mix of uses which encourages a robust and broad activity level is to be provided. Residential space should not be a primary use and should only be included as an accessory use above the first floor. Any development within this category should have a well integrated transportation and open space network which encourages pedestrian activity, and provides ready access within and to adjacent development. Community Commercial Mixed Use. Activities within this land use category are the basic employment and services necessary for a vibrant community. Establishments located within these categories draw from the community as a whole for their employee and customer base and are sized accordingly. A broad range of functions including retail, education, professional and personal services, offices, residences, and general service activities typify this designation. In the “center-based” land use pattern, Community Commercial Mixed Use areas are integrated with significant transportation corridors, including transit and non-automotive routes, to facilitate efficient travel opportunities. The density of development is expected to be higher than currently seen in most commercial areas in Bozeman and should include multi-story buildings. A Floor Area Ratio in excess of .5 is desired. It is desirable to allow residences on upper floors, in appropriate circumstances. Urban streetscapes, plazas, outdoor seating, public art, and hardscaped open space and park amenities are anticipated, appropriately designed for an urban character. Placed in proximity to significant streets and intersections, an equal emphasis on vehicle, pedestrian, bicycle, and transit circulation shall be provided. High density residential areas are expected in close proximity. Including residential units on sites within this category, typically on upper floors, will facilitate the provision of services and opportunities to persons without requiring the use of an automobile. The Community Commercial Mixed Use category is distributed at two different scales to serve different purposes. Large Community Commercial Mixed Use areas are significant in size and are activity centers for an area of several square miles surrounding them. These are intended to service the larger community as well as adjacent neighborhoods and are typically distributed on a one mile radius. Smaller Community Commercial areas are usually in the 1015 acre size range and are intended to provide primarily local service to an area of approximately one-half mile radius. These commercial centers support and help give identity to individual neighborhoods by providing a visible and distinctive focal point. They should typically be located on one or two quadrants of intersections of arterials and/or collectors. Although a broad range of uses may be appropriate in both types of locations the size and scale is to be smaller within the local service placements. Mixed use areas should be developed in an integrated, pedestrian friendly manner and should not be overly dominated by any single land use. Higher intensity employment and residential uses are 172 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 77 encouraged in the core of the area or adjacent to significant streets and intersections. As needed, building height transitions should be provided to be compatible with adjacent development. Industrial. This classification provides areas for the uses which support an urban environment such as manufacturing, warehousing, and transportation hubs. Development within these areas is intensive and is connected to significant transportation corridors. In order to protect the economic base and necessary services represented by industrial uses, uses which would be detrimentally impacted by industrial activities are discouraged. Although use in these areas is intensive, these areas are part of the larger community and shall meet basic standards for landscaping and other site design issues and be integrated with the larger community. In some circumstances, uses other than those typically considered industrial have been historically present in areas which were given an industrial designation in this growth policy. Careful consideration must be given to public policies to allow these mixed uses to coexist in harmony. Residential. This category designates places where the primary activity is urban density dwellings. Other uses which complement residences are also acceptable such as parks, low intensity home based occupations, fire stations, churches, and schools. High density residential areas should be established in close proximity to commercial centers to facilitate the provision of services and employment opportunities to persons without requiring the use of an automobile. Implementation of this category by residential zoning should provide for and coordinate intensive residential uses in proximity to commercial centers. The residential designation indicates that it is expected that development will occur within municipal boundaries, which may require annexation prior to development. The dwelling unit density expected within this classification varies between 6 and 32 dwellings per net acre. A higher density may be considered in some locations and circumstances. A variety of housing types can be blended to achieve the desired density. Large areas of single type housing are discouraged. In limited instances the strong presence of constraints and natural features such as floodplains may cause an area to be designated for development at a lower density than normally expected within this category. All residential housing should be arranged with consideration of compatibility with adjacent development, natural constraints such as watercourses or steep slopes, and in a fashion which advances the overall goals of the Bozeman growth policy. The residential designation is intended to provide the primary locations for additional housing within the planning area. Public Institutions. A variety of activities are undertaken in this land use classification. Schools are a dominant use including Montana State University. Other typical uses are libraries, fire stations, and publicly operated utilities. A significant portion of Bozeman’s employment occurs within this category. Parks, Open Space, and Recreational Lands. All publicly owned recreational lands, including parks, are included within this category, as well as certain private lands. These areas are generally open in character and may or may not be developed for active recreational purposes. This category includes conservation easements which may not be open for public use. 173 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 78 174 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 79 Figure 3.1: Future Land Use Map Section Future Land Use Designations of the area included in the Bozeman Midtown Urban Renewal District to help achieve the Bozeman Community Plan’s goals and objectives. 175 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 80  The Bozeman Community Plan designates the core area along the North 7th Avenue Corridor as Regional Commercial and Services, Community Commercial Mixed Use, and Industrial.  The majority of the adjacent neighborhoods have a future land use designation of Residential, with a couple of small areas designated Parks, Open Space and Recreational Lands and Public Institutions.  Regional Commercial and Services will be implemented by B-2 or UMU zoning districts.  Community Commercial Mixed Use will be implemented by the B-1, B-2 or UMU zoning districts.  Industrial land uses can be implemented by any one of the five industrial type zoning districts.  Residential will be implemented by multiple zoning districts.  Parks, Open Space and Recreational Lands are functions which can occur in any zoning district.  Public Institutions can be implemented by the PLI zoning district, but is a function that can occur in any zoning district. Evaluation of the Bozeman Midtown Urban Renewal District Plan for Conformance with the Future Land Use Designations.  The Bozeman Midtown Urban Renewal District Plan provides a plan for redevelopment of the existing commercially designated area to retain existing and attract new economic development.  The Bozeman Midtown Urban Renewal District Plan does not suggest any revision to the existing future land use designations. Review of the zoning of the area included in the Bozeman Midtown Urban Renewal District for accordance with the Bozeman Unified Development Code The City adopted its first zoning ordinance in 1941. The current zoning ordinance, the Unified Development Code of the City of Bozeman, Chapter 38 of the Bozeman Municipal Code was originally adopted in 2005, with the most recent extensive amendment by Ordinance Number 1769 effective on December 28, 2009. The zoning of the area included in the Bozeman Midtown Urban Renewal District must be found to be in conformance with the Bozeman Community Plan. On October 20th, 2015 the City Planning Board reviewed the zoning of the area included in the Bozeman Midtown Urban Renewal District as follows in this section and found the zoning to be in conformance with the growth policy. In order to demonstrate that the area is zoned for uses implementing the growth policy, the following selections from the Bozeman Unified Development Code have been provided to demonstrate accordance of zoning within the area of the Bozeman Midtown Urban Renewal District to the Bozeman Community Plan. ARTICLE 1. - IN GENERAL Sec. 38.01.040. - 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 176 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 81 constitutions, and statutory and common law; to implement the city's adopted growth policy; and to meet the requirements of state law. B. It is the purpose of these regulations to promote the public health, safety and general welfare by: preventing the creation of private or public nuisances caused by noncompliance with the standards and procedures of this chapter; regulating the subdivision, development and use of land; preventing the overcrowding of land; lessening congestion in the streets and highways; providing adequate light, air, water supply, sewage disposal, parks and recreation areas, ingress and egress, and other public improvements; requiring development in harmony with the natural environment; promoting preservation of open space; promoting development approaches that minimize costs to local citizens and that promote the effective and efficient provision of public services; protecting the rights of property owners; requiring uniform monumentation of land subdivisions and transferring interests in real property by reference to a plat or certificate of survey (MCA 76-3-102). C. It is further the purpose of these regulations to: be in accord with the growth policy; securing safety from fire, panic, and other dangers; promoting public health, public safety, and the general welfare; facilitating the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; having given consideration to ensuring the reasonable provision of adequate light and air, motorized and nonmotorized transportation systems, promoting of compatible urban growth, considering the character of the district and its peculiar suitability for particular uses, conserving the value of buildings, and encouraging the most appropriate use of land throughout the jurisdictional area (MCA 76-2-304). D. Further, to support the purposes of MCA 76-2-304 and 76-3-102, these regulations are intended to promote and to provide for the: 1. Orderly development of the city; 2. Coordination of streets within subdivided land with other streets and roads, both existing and planned; 3. Dedication of land for streets and roadways and for public utility easements; 4. Improvement of streets; 5. Adequate open spaces for travel, light, air and recreation; 6. Adequate transportation, water, drainage and sanitary facilities; 7. Minimization of unnecessary congestion; 8. Avoidance of unnecessary environmental degradation; 9. Encouragement of subdivision development in harmony with the natural environment; 10. Avoidance of danger or injury to health, safety or general welfare by reason of natural hazard or the lack of water, sewer, drainage, access, transportation or other public services; 11. Avoidance of excessive expenditure of public funds for the provision of public services; 12. Manner and form of making and filing of plats for subdivided lands; 13. Administration of these regulations, by defining the powers and the duties of approving authorities, including procedures for the review and approval of all subdivision plats; 14. Division of the city into districts with uniformly applicable standards for development within each district; 15. To establish standards for the development and use of land; 16. To establish procedures for the review and approval for the development and use of land; and 17. The establishment of all other requirements necessary to meet the purposes of this chapter. 177 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 82 E. Pursuant to MCA 76-2-304, 76-1-605 and 76-1-606, these regulations are also intended to implement the goals and objectives of the city's adopted growth policy. In the case of a difference of meaning or implication between this chapter and the city's adopted growth policy, the growth policy shall control. ARTICLE 7. - ZONING DISTRICTS AND ZONING MAP Sec. 38.07.010. - Use districts designated, zoning map adopted. A. The city is divided into zones, or districts, as shown on the official zoning map which, together with all explanatory matter thereon, is adopted by this reference and declared to be a part of this chapter. B. For the purpose of this chapter, the city is divided and classified into the following use districts: R-S Residential Suburban District R-1 Residential Single-Household Low Density District R-2 Residential Two-Household Medium Density District R-3 Residential Medium Density District R-4 Residential High Density District R-O Residential-Office District RMH Residential Manufactured Home Community District B-1 Neighborhood Business District B-2 Community Business District B-3 Central Business District UMU Urban Mixed-Use District M-1 Light Manufacturing District M-2 Manufacturing and Industrial District B-P Business Park District PLI Public Lands and Institutions District NEHMU Northeast Historic Mixed-Use District NC Neighborhood Conservation Overlay District EO Entryway Corridor Overlay District CO Casino Overlay District REMU Residential Emphasis Mixed-use District The majority of the land within the area of the Bozeman Midtown Urban Renewal District is zoned “B-2 Community Business District”, with adjacent land north of I-90 zoned “M-1 Light Manufacturing”, and the adjacent land south of I-90 classified for residential uses with districts including “R-3 Residential Medium Density”, “R-4 Residential High Density”, and “R-O Residential-Office”. The intent and purpose of each of these zoning districts is described below. ARTICLE 10. - COMMERCIAL ZONING DISTRICTS Sec. 38.10.010. - Intent and purpose. 178 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 83 A. The intent and purposes of the commercial zoning districts are to establish areas within the city that are primarily commercial in character and to set forth certain minimum standards for development within those areas. The purpose in having more than one commercial district is to provide opportunities for a variety of employment and community service opportunities within the community, while providing predictability. There is a rebuttable presumption that the uses set forth for each district will be compatible with each other both within the individual districts and to adjoining zoning districts when the standards of this chapter are met and any applicable conditions of approval have been satisfied. Additional requirements for development apply within overlay districts. 2. The intent of the B-2 community business district is to provide for a broad range of mutually supportive retail and service functions located in clustered areas bordered on one or more sides by limited access arterial streets. ARTICLE 12. - INDUSTRIAL ZONING DISTRICTS Sec. 38.12.010. - Intent and purpose. A. The intent and purpose of the industrial zoning districts is to establish areas within the city that are primarily industrial in character and to set forth certain minimum standards for development within those areas. The purpose in having more than one industrial district is to provide opportunities for a variety of employment and community service functions within the community while providing predictability. There is a rebuttable presumption that the uses set forth for each district will be compatible with each other when the standards of this chapter are met and any applicable conditions of approval have been satisfied. Additional requirements for development apply within overlay districts. 1. The intent of the M-1 light manufacturing district is to provide for the community's needs for wholesale trade, storage and warehousing, trucking and transportation terminals, light manufacturing and similar activities. The district should be oriented to major transportation facilities yet arranged to minimize adverse effects on residential development, therefore, some type of screening may be necessary. ARTICLE 8. - RESIDENTIAL ZONING DISTRICTS Sec. 38.08.010. - Intent and purpose. A. The intent and purpose of the residential zoning districts is to establish areas within the city that are primarily residential in character and to set forth certain minimum standards for development within those areas. The purpose in having more than one residential district is to provide opportunities for a variety of housing types and arrangements within the community while providing a basic level of predictability. There is a rebuttable presumption that the uses set forth for each district will be compatible with each other when the standards of this chapter are met and any applicable conditions of approval have been satisfied. Additional requirements for development apply within overlay districts. All development is subject to section 38.01.050. Residential density is correlated with many community goals and objectives that are contained in the city's adopted growth policy, as well as many standards and purposes of this chapter. Section 38.08.090 sets standards for minimum densities in residential districts which will advance these goals, objectives, and purposes. 4. The intent of the R-3 residential medium density district is to provide for the development of one- to five-household residential structures near service facilities within the city. It 179 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 84 should provide for a variety of housing types to serve the varied needs of households of different size, age and character, while reducing the adverse effect of nonresidential uses. 5. 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 will provide for a variety of compatible housing types to serve the varying needs of the community's residents. Although some office use is permitted, it shall remain as a secondary use to residential development. Secondary status shall be as measured by percentage of total building area. 6. The intent of the R-O residential-office district is to provide for and encourage the development of multihousehold and apartment development and compatible professional offices and businesses that would blend well with adjacent land uses. The primary use of a lot, as measured by building area, permitted in the R-O district is determined by the underlying growth policy land use designation. Where the district lies over a residential growth policy designation the primary use shall be non-office uses; where the district lies over a nonresidential designation the primary use shall be office and other nonresidential uses. Primary use shall be measured by percentage of building floor area. In addition to the zoning districts described above, portions of the Midtown area of Bozeman are also covered by “Bozeman Entryway Corridor Overlay District” and the “Neighborhood Conservation Overlay District”, and a couple of lots at the southeast edge are located within the Cooper Park Historic District. ARTICLE 17. - BOZEMAN ENTRYWAY CORRIDOR OVERLAY DISTRICT Sec. 38.17.020. - Intent and purpose. A. There are several arterial corridors entering the city that introduce visitors and residents alike to the city. The visual attributes of these roadways provide a lasting impression of the character of the city. It is the intent and purpose of this article to ensure that the quality of development along these corridors will enhance the impression and enjoyment of the community by guiding development and change, and by stimulating and assisting, in conjunction with other provisions of this chapter, improvements in signage, landscaping, access and other contributing elements of entry corridor appearance and function. B. It is the intent of this article to establish design criteria, standards and review procedures that will allow the city and its advisory boards and agencies to review and direct, in a fair and equitable manner, the development and redevelopment of future and existing properties and facilities within the entry corridors. The recommendations of the design review board or administrative design review staff shall be given careful consideration in the final action of the review authority. Sec. 38.17.030. - Application of entryway corridor provisions. A. Entryway corridors shall be designated on the city's official zoning map. The provisions of this article shall be applied in addition to any other applicable regulations of this chapter. Specifically, these provisions shall be applied to all developments within such corridors as follows: 1. Class I. All development wholly or partially within 660 feet of the centerline of the following roadways: a. Interstate 90, within or adjacent to the city boundaries, measured from the centerline of the outside lanes of the opposing roadways and from the centerline of the access ramps; 180 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 85 b. Interstate 90 frontage roads, within the city boundaries, whether or not they are designated frontage roads; c. U.S. 10, from the Interstate 90/North Seventh Avenue interchange west to the city boundaries; d. U.S. 191, west from Ferguson Road to the city boundaries; e. Nineteenth Avenue, north from Durston Road to the North 19th Avenue/Interstate 90 interchange, exclusive of the east side between Durston Road and the south boundary of Covered Wagon Mobile Home Park; and f. Oak Street, west from North Seventh Avenue to North Nineteenth Avenue. 2. Class II. All development wholly or partially within the lesser of one city block or 330 feet of the centerline of the following roadways, with the exception of residentially zoned lots (no exception for R-O district) that have no frontage upon said roadways: a. Seventh Avenue, south from the Interstate 90 interchange to Main Street; b. Nineteenth Avenue, south from Durston Road to the city boundary, and the east side of Nineteenth Avenue, between the south boundary of Covered Wagon Mobile Home Park and Durston Road; c. Main Street, east from Broadway to Interstate 90; d. Main Street, west from Seventh Avenue to Ferguson Road; e. Rouse Avenue and State Primary 86 (Bridger Canyon Road) from Tamarack north and cast to the city boundary; f. Oak Street, west from Nineteenth Avenue to the east edge of Rose Park; and g. Oak Street, east from Seventh Avenue to Rouse Avenue. ARTICLE 16. - NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT Sec. 38.16.010. - Intent and purpose. A. All new construction, alterations to existing structures, movement of structures into or out of the neighborhood conservation overlay district, hereinafter referred to as the conservation district, or demolition of structures by any means or process will be subject to design review unless specifically exempted. The recommendations of the design review board or administrative design review staff shall be given careful consideration in the final action of the review authority. B. This article defines and sets forth standards which apply to the conservation district. C. The intent and purpose of the conservation district designation is to stimulate the restoration and rehabilitation of structures, and all other elements contributing to the character and fabric of established residential neighborhoods and commercial or industrial areas. New construction will be invited and encouraged provided primary emphasis is given to the preservation of existing buildings and further provided the design of such new space enhances and contributes to the aesthetic character and function of the property and the surrounding neighborhood or area. Contemporary design will be encouraged, provided it is in keeping with the above-stated criteria, as an acknowledged fact of the continuing developmental pattern of a dynamic, changing community. The neighboring community shall be provided notice and opportunity to comment upon the proposed property improvements in accordance with article 40 of this chapter. In addition, aggrieved persons shall have the right to appeal any design review decision made under the provisions of this article, in accordance with article 35 of this chapter. D. In view of the fact that most of the area included within the boundaries of the conservation district was developed and built out prior to the adoption of zoning and contemporary 181 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 86 subdivision regulations, the construction, development pattern and range of uses is highly diverse and may not be in compliance with conventional regulatory requirements. This article recognizes that this diversity is a major contributing element of the historic character of these neighborhoods or areas. The provisions of this article shall be applied in a manner that will encourage the protection and enhancement of the many diverse features for future generations. E. The conservation district boundary is largely coterminous with the area surveyed in the effort that led to the listing of nine historic districts and 40 additional landmark structures in the National Register of Historic Places, and includes the nine designated historic districts and 40 individual landmarks. This article sets forth the means of protecting and enhancing the conservation district. F. It is further the purpose of the conservation district designation to protect and enhance neighborhoods or areas of significant land planning or architectural character, historic landmarks or other built or natural features for the educational, cultural, economic benefit or enjoyment of citizens of the city. It will be the policy and responsibility of the administrative entities of this article to: 1. Protect, preserve, enhance and regulate structures, archaeological or cultural sites, and areas that: a. Are reminders of past eras, events or persons important in local, state or national history; b. Provide significant examples of land planning or architectural styles, or are landmarks in the history of land planning and architecture; c. Are unique or irreplaceable assets to the city and its neighborhoods; d. Provide examples of physical surroundings in which past generations lived; or e. Represent and express the unique characteristics of small agricultural-based, western city developmental patterns; 2. Enhance property values through the stabilization of neighborhoods and areas of the city, increase economic and financial benefits to the city and its inhabitants, and promote tourist trade and interests; 3. Develop and maintain the appropriate environment for buildings, structures, sites and areas, that reflect varied planning and architectural styles and distinguished phases of the city's history and prehistory; 4. Stimulate an enhancement of human life by developing educational and cultural dimensions, which foster the knowledge of the city's heritage, and cultivate civic pride in the accomplishments of the past; 5. Seek to maintain and enhance the many private and public elements that are unique to the fabric, theme and character of each neighborhood and area, including, but not limited to, lighting, pathways, street trees, natural areas and other features that may, from time to time, be identified by the citizens and property owners of neighborhoods, areas and subsections thereof; and 6. Provide the neighboring community with notice and opportunity to comment upon the proposed property improvements in accordance with article 40 of this chapter, with the exception of certain sketch plan applications with potentially little neighborhood impact, and to further provide aggrieved persons with the right to appeal review decisions made under the provisions of this article, in accordance with article 35 of this chapter. 182 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 87 Sections of the City of Bozeman Zoning Map which encompasses the area of the Bozeman Midtown Urban Renewal District are shown below. 183 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 88 City of Bozeman Zoning Map Section 184 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 89 185 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 90 Conservation Overlay and Historic Districts Zoning to help implement the Bozeman Community Plan. • A purpose of the Bozeman Unified Development Code is to implement the goals and objectives of the Bozeman Community Plan; the city’s adopted growth policy. • The majority of the land within the core area of the Bozeman Midtown Urban Renewal District is zoned “B-2 Community Business District” to provide for a broad range of mutually supportive retail and service functions. 186 Bozeman Midtown Urban Renewal District Plan – July 2023 Page 91 • The land adjacent to the commercial core and south of I-90 within the area of the Bozeman Midtown Urban Renewal District is zoned for a variety of residential uses and densities, with zoning districts including “R-3 Residential Medium Density”, “R-4 Residential High Density”, and “R-O Residential-Office”. • The land adjacent to the commercial core and north of I-90 is zoned “M-1 Light Manufacturing”. Evaluation of the Bozeman Midtown Urban Renewal District Plan for Accordance of Zoning with Bozeman Community Plan. • The Bozeman Midtown Urban Renewal District Plan supports the purposes of the Bozeman Unified Development Code. • The Bozeman Midtown Urban Renewal District Plan supports “retail and service use” as described by the Bozeman Unified Development Code. • The Bozeman Midtown Urban Renewal District Plan provides a plan for redevelopment of the existing commercially designated area to eliminate blight, and retain existing and attract new economic development. • The Bozeman Midtown Urban Renewal District Plan does not suggest any revision to the existing zoning classifications. Conclusions 1. The Bozeman Midtown Urban Renewal District Plan has been evaluated against the relevant goals and objectives of the Bozeman Community Plan, and the Bozeman Midtown Urban Renewal District Plan is in conformance with the Bozeman Community Plan. 2. The zoning in the area of the Bozeman Midtown Urban Renewal District has been evaluated against the Bozeman Community Plan, and the zoning in the area of the Bozeman Midtown Urban Renewal District is in accordance with the Bozeman Community Plan. 187 Memorandum REPORT TO:City Commission FROM:David Fine, Economic Development Manager Brit Fontenot, Economic Development Director Jeff Mihelich, City Manager SUBJECT:Ordinance 2146, Final Adoption Amending an Urban Renewal Plan for Portions of Northeast Bozeman MEETING DATE:August 1, 2023 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Having considered the presentation from staff, the recommendation from the Community Development Board acting as a Planning Board, public comment, and all other information presented, I move to approve Ordinance 2146. STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:In fall 2021, the City Commission held a work session regarding consolidating and eliminating citizen advisory boards to provide “consistency, predictability and stability”. During that work session, the City Commission provided direction to staff to eliminate the advisory boards for all the urban renewal districts except the Downtown Urban Renewal District. The Ordinances the City Commission is considering reflect that direction to staff. Eliminating the advisory board for the Northeast Urban Renewal District requires amendment of the Northeast Urban Renewal Plan. The Northeast Urban Renewal Plan includes references to a board. Urban renewal plans must be adopted and amended by Ordinance following a noticed public hearing. State Law also requires that the Planning Board hold a hearing on the conformity of proposed urban renewal plan with the growth policy. The Community Development Board, acting as the Planning Board, adopted staff’s findings and conclusion that the proposed urban renewal plan was in conformance with City’s adopted growth policy, the Bozeman Community Plan 2020. The proposed amended Northeast Urban Renewal Plan makes changes to the Plan related to boards and administration of the district but does not alter the goals or other parts of the Plan. Please follow the link to a redlined version of the Northeast Urban Renewal 188 Plan, as amended. A clean copy of the amended plan is included in the packet materials. Following any provisional adoption of Ordinance 2146, staff intends to return to the City Commission with a Resolution assigning the urban renewal powers of the City, for this District, to the Director of Economic Development. Work plans and budgets for the districts would continue to be prepared by economic development staff and presented to the City Commission during the regular budget process. The City Commission will continue to approve contracts and urban renewal projects consistent with current practices. UNRESOLVED ISSUES:None at this time. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:Adoption of this Ordinance does not have any fiscal effects. Attachments: NURD_BCP_Conformance_Staff_Memo__062223.docx 230711 NURB Plan Ord_final.pdf NE District Plan NURB FINAL.pdf Report compiled on: July 7, 2023 189 To:Community Development Board (acting as the Planning Commission) From:David Fine, Economic Development Manager Brit Fontenot, Economic Development Director Meeting Date:June 27, 2023 Subject:Northeast Urban Renewal Plan Amendment and Conformity with the Growth Policy (Bozeman Community Plan 2020) Overview On May 25, 2021, the Bozeman City Commission authorized City Staff to begin work to consolidate nearly 40 citizen advisory boards into five "strategic boards". The staff memo noted at that time it would be infeasible to consolidate the Northeast Urban Renewal Board into any of the five strategic boards. Staff recommended amending the district’s urban renewal plan to designate the City Commission to serve as the Northeast Urban Renewal Board. The Northeast Urban Renewal Board was formed at the inception of the District and as such, a board structure was written into the urban renewal district plan. The board has been responsible for reviewing projects, workplans, and budgets and providing recommendations to the City Commission. Despite no changes to the purpose, goals or proposed actions of the Northeast Urban Renewal Plan, for the City Commission to take on the functions of the board, the Plan must be amended. An amendment of the Northeast Urban Renewal Plan requires that it be found to be in conformance with the City of Bozeman’s current growth policy, the Bozeman Community Plan 2020. Below is a summary demonstrating how the goals of the Northeast Urban Renewal Plan conform with the themes and goals established in the Bozeman Community Plan 2020. Staff Conclusion After a thorough review and analysis of the themes and goals of the Bozeman Community Plan (BCP) and the goals of Northeast Urban Renewal Plan (URP), staff concludes that the Northeast URP is in conformance with the BCP. 190 Staff Findings Below is a detailed comparison of the URP goals and the BCP themes and goals demonstrating conformance. URPPRINCIPLE 1–ENSURE THE HEALTH,SAFETY,AND SECURITY OF THE DISTRICT URP Principle 1 Intent: “Unsurfaced streets, inadequate storm water drainage, outdated water and sewer utilities, and inadequate street lighting negatively impact the health, safety, and security of the District. Improving the infrastructure of the area will also prepare the District for the future.” Goal A: “Outdated or insufficient infrastructure should be repaired, replaced, or otherwise improved.” UPR Principle 1: Goal A and the goal’s specific actions are in conformance with BCP Theme 3: A City Bolstered by Downtown and Complementary Districts, Goal DCD-1. BCP Goal DCD-1: “Support urban development within the City.” Goal B: “Encourage a land use pattern that facilitates all modes of transportation vehicular, bicycle, pedestrian, mass transit, and commercial - for safe, efficient and convenient access for residential, commercial, and industrial uses.” URP Principle 1: Goal B and the goal’s specific actions are in conformance with BCP Theme 5: A City That Prioritizes Accessibility and Mobility Choices, Goals M-1 and M-2. BCP Goal M-1: “Ensure multimodal accessibility.” BCP Goal M-2: “Ensure multimodal safety.” Goal C: “Provide public utilities to the area efficiently in ways that are not visually or physically obtrusive.” URP Principle 1: Goal C is in conformance with BCP Theme 3: A City Bolstered by Downtown and Complementary Districts, Goal DCD-1. BCP Goal DCD-1: “Support urban development within the City.” URPPRINCIPLE 2–BALANCE COMMERCE AND LIVABILITY IN THE DISTRICT WITHIN THE MIXED-USE FRAMEWORK. URP Principle 2 Intent: “The clear intent of this District is to support a mix and variety of nonresidential and residential uses. Nothing in this Plan shall be interpreted to be discouraging or prejudicial to any allowable uses.” Goal A: “Harmonize commercial and industrial development with residential quality of life.” 191 URP Principle 2: Goal A and the goal’s specific actions are in conformance with BCP Theme 2: A City of Unique Neighborhoods, Goals N-2 and N-3. BCP Goal N-2:“Pursue simultaneous emergence of commercial nodes and residential development through diverse mechanisms in appropriate locations.” BCP Goal N-3: “Promote a diverse supply of quality housing units.” URPPRINCIPLE 3–HONOR THE UNIQUE CHARACTER AND VITALITY OF THE DISTRICT. URP Principle 3 Intent: “The unique character of this neighborhood is built on its history, proximity to the railroad, mixed rural and urban development, mixed residential and commercial uses, and its proximity to downtown. These qualities should be supported.” Goal A: “New structures should be designed and built keeping in mind public values of durability, flexibility, and simplicity. Thoughtful consideration of design, materials, and massing in the construction of new private buildings will add strength and character to the built environment. To the degree that the private sector can be influenced by a public partner in development, the community ought to strongly encourage excellence in urban design as a basis of partnership.” URP Principle 3: Goal A and the goal’s specific actions are in conformance with BCP Theme 2: A City of Unique Neighborhoods, Goal N-4. BCP Goal N-4: “Continue to encourage Bozeman’s sense of place.” Goal B: “Promote sustainable building practice and design within the District.” URP Principle 3: Goal B and the goal’s specific actions are in conformance with BCP Theme 1: A Resilient, Goal R-2. URP Principle 3: Goal B is also in conformance with BCP Theme 4: A City Influenced by our Natural Environment, Parks, and Open Lands, Goals EPO-2 and EPO-3. BCP Goal R-2: “Pursue community decisions in a manner that supports resilience.” BCP Goal EPO-2: “Work to ensure that development is responsive to natural features.” BCP Goal EPO-3: “Address climate change in the City’s plans and operations.” URPPRINCIPLE 4–PUBLIC OPEN SPACE IS ESSENTIAL TO A HEALTHY AND APPEALING URBAN ENVIRONMENT. URP Principle 4 Intent: “Developing and procuring parks and public open space, as well as improving and making accessible the existing trails such as The Depot Park Trail and Bozeman Creek Trail, will enhance and improve the District.” Goal A: “Procure new land for parks and public open space.” 192 URP Principle 4: Goal A and the goal’s specific actions are in conformance with BCP Theme 4: A City Influenced by our Natural Environment, Parks, and Open Lands, Goal EPO-1. BCP Goal EPO-1: “Prioritize strategic acquisition of parks to provide a variety of recreational opportunities throughout the City.” Goal B: “Improve landscaping in existing public spaces.” URP Principle 4: Goal B and the goal’s specific actions are in conformance with BCP Theme 4: A City Influenced by our Natural Environment, Parks, and Open Lands, Goal EPO-3. BCP Goal EPO-1: “Address climate change in the City’s plans and operations.” URPPRINCIPLE 5–THE COSTS OF PROJECTS AND PROGRAMS SHALL BE WEIGHED AGAINST THEIR BENEFITS TO THE DISTRICT. URP Principle 5 Intent: “This principle is self-explanatory as long as Benefit is understood to mean the promotion of the Principles and that Benefits may not be financial in nature.” URP Principle 5 neither conforms nor conflicts with the themes and goals of the BCP. URPPRINCIPLE 6–PRIVATE PROPERTY SHALL NOT BE ACQUIRED FOR OTHER PRIVATE USE THROUGH THE EMINENT DOMAIN PROCESS IN THE IMPLEMENTATION OF ANY ASPECT OF THIS PLAN. Goal A: “Neither the City of Bozeman nor any of its subdivisions shall use eminent domain to take private property for private use in the implementation of an urban renewal project or similar redevelopment plan.” URP Principle 6: Goal A neither conforms nor conflicts with the themes and goals of the BCP. URPPRINCIPLE 7–THE CITY SHALL NOT LIMIT ITS VISION FOR THE DISTRICT IMPROVEMENTS TO MONIES AVAILABLE SOLELY THROUGH THE TIF FUNDING. Goal A: “Encourage the City to help ensure the success of the NE Urban Renewal Plan by giving a high priority to the NE District in its capital improvements plan. UPR Principle 7: Goal A and the goal’s specific actions are in conformance with BCP Theme 6: A City Powered by its Creative, Innovative, and Entrepreneurial Economy, Goal EE-1. URP Principle 7: Goal A is also in conformance with BCP Theme 3: A City Bolstered by Downtown and Complementary Districts, Goals DCD-1. BCP Goal EE-1:“Promote the continued development of Bozeman as an innovative and thriving economic center.” 193 BCP Goal DCD-1:“Support urban development within the City.” URPPRINCIPLE 8–PROJECTS SHALL CONSIDER IMPACTS ON ADJACENT NEIGHBORHOODS. Goal A: “Work with neighborhoods and businesses to ensure actions taken in the District are compatible with adjacent developed areas.” URP Principle 8: Goal A and the goal’s specific actions are in conformance with BCP Theme 3: A City Bolstered by Downtown and Complementary Districts, Goal DCD-2. BCP Goal DCD-2: “Encourage growth throughout the City, while enhancing the pattern of community development oriented on centers of employment and activity. Support an increase in development intensity within developed areas.” URPPRINCIPLE 9–THE CITY SHALL CONSIDER THE IMPACT ON THE DISTRICT OF ALL PROJECTS UNDERTAKEN OUTSIDE OF THE DISTRICT. Goal A: “Work with the City to ensure actions taken outside of the District are compatible with projects inside of the District.” URP Principle 9: Goal A and the goal’s specific actions are in conformance with BCP Theme 3: A City Bolstered by Downtown and Complementary Districts, Goal DCD-2. BCP Goal DCD-2: “Encourage growth throughout the City, while enhancing the pattern of community development oriented on centers of employment and activity. Support an increase in development intensity within developed areas.” 194 Ord 2146 Page 1 of 4 ORDINANCE 2146 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA ADOPTING AN AMENDED NORTHEAST URBAN RENEWAL DISTRICT PLAN RELATED TO THE ADMINSTRATION OF THE DISTRICT AND ASSIGNING TO THE CITY THE AUTHORITY TO EXERCISE URBAN RENEWAL POWERS. WHEREAS, on August 15, 2005, the Bozeman City Commission adopted Resolution No. 3835, declaring that blighted areas exist within the municipality and that the rehabilitation, redevelopment, or a combination thereof, of such areas is necessary in the interest of the public health, safety, morals, or welfare of the residents of such municipality; and WHEREAS, on November 28, 2005 the City Commission passed, adopted, and finally approved Ordinance 1655, which adopted an urban renewal plan for portions of Northeast Bozeman, including the historic mixed use district; WHEREAS, the Northeast Urban Renewal Plan established an advisory board for the Northeast Urban Renewal District; and WHEREAS, as set forth in Bozeman’s Strategic Plan 1.2, consolidating the city’s Citizen Advisory Boards includes the consolidation of the city’s urban renewal boards; WHEREAS, eliminating the Northeast Urban Renewal District and assigning urban renewal powers to the City requires an amendment of the administration of the district by amending the Northeast Urban Renewal Plan; WHEREAS, as required by Mont. Code Ann. §§ 7-15-4214 and 4215 (2021), notice of the public hearing on the amendment of the Northeast Urban Renewal Plan was published on June 17 and 24, 2023 and such notice conformed to all necessary statutory requirements; and WHEREAS, as required by Mont. Code Ann. § 7-15-4213, on June 26, 2023 the City’s Community Development – Planning Board found that the proposed, amended Northeast Urban Renewal Plan conformed with the Bozeman 2020 Community Plan and its stated, adopted growth policy for Bozeman; and 195 Ordinance No. 2146, (Adopting an Amended Northeast Urban Renewal Plan) Page 2 of 4 WHEREAS, on July 18, 2023 the Bozeman City Commission held a public hearing to consider the proposed, amended Northeast Urban Renewal District Plan. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 The amended plan for the Northeast Urban Renewal District, attached here as Exhibit A, is hereby adopted. Section 2 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 3 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 4 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. Section 5 196 Ordinance No. 2146, (Adopting an Amended Northeast Urban Renewal Plan) Page 3 of 4 Codification. This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a disposition list in numerical order with all other ordinances of the City. Section 6 Effective Date. This Ordinance shall be in full force and effect thirty (30) days after final adoption. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the _____ day of ________________, 20__. ____________________________________ 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 thereof held on the ___ of ____________________, 20__. The effective date of this ordinance is __________, __, 20__. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS 197 Ordinance No. 2146, (Adopting an Amended Northeast Urban Renewal Plan) Page 4 of 4 City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 198 Northeast Urban Renewal District Plan N . U . R . D 199 2 CITY OF BOZEMAN NORTHEAST BOZEMAN URBAN RENEWAL PLAN Amended by the Bozeman City Commission, July 2023 2005 Plan Prepared by: The Northeast Bozeman Urban Renewal Study Committee Michael Barrett Ron Brey (City of Bozeman Staff) Peter Bronken Jim Browning Brian Caldwell Bobbi Clem Jack Davis Jon Gerster Terry Giovanini Todd Hoitsma Marcia Kaveney Erik Nelson Tracy Oulman (City of Bozeman Staff) Robert Pavlic Jeanne Wesley-Wiese Steve Kirchhoff and Marcia Youngman (City Commission Liaisons) Prepared for: The Bozeman City Commission Andrew Cetraro, Mayor Lee Hietala Steve Kirchhoff Jeff Krauss Marcia Youngman 200 3 NORTH EAST URBAN RENEWAL DISTRICT PLAN CONTENTS HISTORICAL CONTEXT PG 4 INTRODUCTION PG 4 MISSION/ VISION STATEMENT PG 5 GUIDING PRINCIPLES, GOALS AND IMPLEMENTATION ACTIONS PG 5 EXECUTING THE PLAN PG 10 FINANCE PG 14 DISTRICT MAP FIG. 1 RESOLUTION 3835 APPENDIX 1 GENERAL DESCRIPTION APPENDIX 2 201 4 NORTH EAST URBAN RENEWAL DISTRICT PLAN HISTORICAL CONTEXT In the 1880s, Bozeman’s economic fortunes blossomed with the arrival of the Northern Pacific Railway, which established a depot at the northeast end of the young city and connected it with distant markets. The town’s early entrepreneurs established flour mills, residences, freight storage, and a brewery on new streets named for trees, mostly the fruit-bearing variety, but Montana species as well. Perhaps these names came in deference to the timber products and fruit that passed through, but much of this freight and food processing activity has receded into history. In the 120 years since this place grew into a rail-centered enterprise zone, Bozeman’s economic center of gravity moved elsewhere, leaving the neighborhood short on paved streets, sidewalks, street lighting, parks, and sound infrastructure, with scattered evidence of bygone industrial activity remaining: rail track and ties, cable spools, grain storage bins, and upright fuel tanks. INTRODUCTION This Urban Renewal Plan was prepared by a 13-member committee composed of a range of businesses and residents from the District and the adjacent Northeast Neighborhood in response to the City Commission’s finding of blight on August 15, 2005 (Resolution #3835) (Appendix 1). The City Commission supported the blight designation unanimously in order to create an Urban Renewal District because it believed this would encourage infill within the city limits and that the Tax Increment Finance (TIF) District created by the designation would help finance such infill. While acknowledging that change (development) is inevitable in the District, and that the creation of an Urban Renewal District and its associated Tax Increment Financing would encourage economic vitality in the District, it should be noted that some Northeast Neighborhood citizens and several committee members perceived few of the problems cited in the blight report. Thus, considerable efforts in the development of this plan were made to consider the many different and sometimes conflicting interests of the committee members. The hope is that the end product – the Northeast Urban Renewal Plan - adequately balances the needs to remedy blight and encourage economic vitality and livability while also ensuring that future development preserves and enhances the eclectic character of the District to the fullest extent possible. A map of the District is found in Figure 1 and a general description of the area included in the District is contained in Appendix 2. 202 5 MISSION/ VISION This Plan is the city’s response to remedy the conditions of blight found in the August, 2005 report. The Plan also addresses other issues important to the District. The plan’s purpose is to ensure the vitality of the Northeast Urban Renewal District (NURD), the vitality of the NURD for generations to come, and to make the NURD an area in which its citizens can take exceptional pride. The Plan envisions a mixed-use neighborhood that is user-friendly, safe, secure, and healthy. While this plan envisions a District with diversity of housing, businesses, and amenities, it intends to maintain the unique ambiance and historic character of the District. GUIDING PRINCIPLES, GOALS & IMPLEMENTATION ACTIONS The principles and implementation actions which follow provide direction for using the Plan. All nine Principles are vital to achieving the vision for the District. The Implementation Actions are not exclusive lists. Neither the Principles nor the Implementation Actions are arranged in order of importance. 1. Ensure the health, safety, and security of the District. Unsurfaced streets, inadequate storm water drainage, outdated water and sewer utilities, and inadequate street lighting negatively impact the health, safety, and security of the District. Improving the infrastructure of the area will also prepare the District for the future. GOAL A: Outdated or insufficient infrastructure should be repaired, replaced, or otherwise improved. IMPLEMENTATION ACTIONS: • Improve streets and alleys • Improve fire prevention. • Repair or replace defective sections of water and sewer mains. • Improve the appearance and adequacy of dark sky lighting. • Provide for prompt snow removal. • Improve sidewalks and trail network. • Increase police patrols. • Improve storm water systems and develop storm water management techniques to protect Bozeman Creek. 203 6 GOAL B: Encourage a land use pattern that facilitates all modes of transportation – vehicular, bicycle, pedestrian, mass transit, and commercial – for safe, efficient and convenient access for residential, commercial, and industrial uses. IMPLEMENTATION ACTIONS: • Incorporate sidewalks, crosswalks, bike lanes and trails in the design for construction or reconstruction of streets and roadways. • Obtain property or easements for the continuation of the existing trail system. • Encourage bicycle use by incorporating bicycle amenities in the design of streets, bridges, and trails. • Design sidewalks, walkways, trails, and streets for handicapped accessibility wherever possible. • Provide traffic calming measures. • Designate truck route GOAL C: Provide public utilities to the area efficiently in ways that are not visually or physically obtrusive. IMPLEMENTATION ACTION: • Encourage the conversion of communications networks and other utilities to underground or wireless facilities 2. Balance commerce and livability in the District within the mixed-use framework. The clear intent of this District is to support a mix and variety of nonresidential and residential uses. Nothing in this Plan shall be interpreted to be discouraging or prejudicial to any allowable uses. GOAL: Harmonize commercial and industrial development with residential quality of life. IMPLEMENTATION ACTIONS: • Assure compatibility of land uses through appropriate urban design techniques. • Consider alternative materials for streets and sidewalks. • Promote environmental cleanup of brown field or hazardous substances by the responsible parties. • Encourage commercial development that provides basic needs to the District. • Encourage affordable housing 204 7 3. Honor the unique character and vitality of the District. The unique character of this neighborhood is built on its history, proximity to the railroad, mixed rural and urban development, mixed residential and commercial uses, and its proximity to downtown. These qualities should be supported. GOAL A: New structures should be designed and built keeping in mind public values of durability, flexibility, and simplicity. Thoughtful consideration of design, materials, and massing in the construction of new private buildings will add strength and character to the built environment. To the degree that the private sector can be influenced by a public partner in development, the community ought to strongly encourage excellence in urban design as a basis of partnership. IMPLEMENTATION ACTIONS: • Where historic buildings and places exist, compatibility of design elements should also enter into the planning of new construction. • Where historic structures are affected by public or private development, seek out the advice and assistance of local, state, or federal historic preservation professionals for opportunities to renovate existing historic structures. • Respect the property rights of property owners. • Encourage the growth of cultural activities. GOAL B: Promote sustainable building practice and design within the District. IMPLEMENTATION ACTIONS: • Support projects and designs that promote Dark Skies. • Promote the use of indigenous plants and materials for landscaping and design. • Encourage the use of locally produced, renewable products. • Promote environmentally sound development and construction practices. • Promote energy and resource-efficient systems within the District. 4. Public open space is essential to a healthy and appealing urban environment. Developing and procuring parks and public open space, as well as improving and making accessible the existing trails such as The Depot Park Trail and Bozeman Creek Trail, will enhance and improve the District. Goal A: Procure new land for parks and public open space. IMPLEMENTATION ACTIONS: • Secure public open space(s) in location(s) that will optimize use and accessibility 205 8 • Ensure that all park planning provides for a broad range of both residential and commercial needs. • Provide a park plan that includes a children’s playground and connectivity to adjacent wetlands and open space. • Eminent Domain shall not be used to procure new land for parks. Goal B: Improve landscaping in existing public spaces. IMPLEMENTATION ACTIONS: • Enhance boulevards and public right-of-way by planting and maintaining trees where appropriate. • Weed control. • Encourage property owners to maintain their property 5. The costs of projects and programs shall be weighed against their benefits to the District. This principle is self-explanatory as long as Benefit is understood to mean the promotion of the Principles and that Benefits may not be financial in nature. 6. Private property shall not be acquired for other private use through the eminent domain process in the implementation of any aspect of this plan GOAL: Neither the City of Bozeman nor any of its subdivisions shall use eminent domain to take private property for private use in the implementation of an urban renewal project or similar redevelopment plan. IMPLEMENTATION ACTIONS: • Include a specific prohibition of this practice in the implementation section of the Plan. • Require that any amendment of the Plan occur under the same procedures as the Plan was adopted including the individual notice requirements for properties within the District. 7. The City shall not limit its vision for the District improvements to monies available solely through the TIF funding. GOAL: Encourage the City to help ensure the success of the NE Urban Renewal Plan by giving a high priority to the NE District in its capital improvements plan. IMPLEMENTATION ACTIONS: 206 9 • Work with the City, County, and State to secure funds from all available sources. • Promote communication so that it is understood that the District will require assistance beyond the tax increment finance funding. 8. Projects shall consider impacts on adjacent neighborhoods. GOAL: Work with neighborhoods and businesses to ensure actions taken in the District are compatible with adjacent developed areas. IMPLEMENTATION ACTIONS: • Keep communication open and seek public input from adjacent neighborhoods. • Evaluate projects on their community-wide benefits and impacts. • Create a process for the development and prioritization of neighborhood projects. 9. The city shall consider the impact on the District of all projects undertaken outside of the District. GOAL: Work with the City to ensure actions taken outside of the District are compatible with projects inside of the District. IMPLEMENTATION ACTIONS: • Evaluate and mitigate adverse impacts on the District occurring from projects outside of the District. • Ensure that a proportionate share of infrastructure costs resulting from projects inside of the District is shared by the projects outside of the Districts that utilize the infrastructure. 207 10 EXECUTING THE PLAN INTRODUCTION Once adopted, this Plan becomes the official policy guide for public action regarding the Northeast Urban Renewal District. These policies can only be transformed into action through an effective implementation program. The framework for implementation described herein depends on sound processes of administration, financing and evaluation. As the implementation of this Plan proceeds, new opportunities will arise and unforeseen problems will emerge. The Plan’s administration must be sufficiently flexible to respond effectively to changing circumstances without losing sight of long range goals. ADMINISTRATION The Northeast Bozeman Urban Renewal District Plan provides a framework for the rehabilitation and redevelopment of the Urban Renewal District. Upon its adoption, this Plan will serve as the official policy guide for public action. However, these policies can only be transformed to action through an effective implementation program. Key to implementation will be sound processes of administration, financing and program evaluation. Under 7-15-4231 MCA, the exercise of powers related to urban renewal, a municipality may itself exercise its urban renewal project powers, or may, “if the local governing body by resolution determines such action to be in the public interest, elect to have such powers exercised by the urban renewal agency created under 7-15-4232 MCA, or a department or other officers of the municipality as they are authorized to exercise under this part and part 43.” The City of Bozeman may establish an urban renewal agency under this provision to direct the projects and programs outlined in the Urban Renewal Plan, as provided by statute. The City of Bozeman elects to exercise its urban renewal project powers directly, or to assign them to municipal departments, rather than establish a separate urban renewal agency. The City Commission may create an urban renewal district board to serve in an advisory capacity to the Commission in planning for, implementing and administering a program of rehabilitation and revitalization for the District. The board provides opportunities for stakeholders in the District, including property owners, business owners, and residents to participate in formulating urban renewal projects and programs. The annual work program and budget, listing the activities and costs of the activities for the coming fiscal year, as well as the method of financing those activities are prepared by the Director of Economic Development, and reviewed and approved by the City Commission. This program and budget can be amended during the course of the fiscal year in light of funding and program opportunities 208 11 and changes. Urban renewal activities undertaken must be in accordance with Montana State statute. ANNUAL WORK PROGRAM, BUDGET, AUDIT AND EVALUATION The Director of Economic Development shall prepare an annual work program (AWP) and budget that will list the activities and costs of activities for the coming fiscal year, as well as the method of financing those activities. The NURB shall provide public notice as required by statute.This program and budget may be amended during the course of the city’s fiscal year, in light of funding and program changes. All budgets and revised budgets shall be reviewed and approved by the City Commission. The Director of Economic Development shall provide an annual report to the City Commission on programs and activities of the District. PLAN AMENDMENT The Plan may be amended by the same means as adopted in accordance with Montana law. No ordinance amending the Plan shall be adopted until after a public hearing has been conducted thereon and notice of said hearing has been given in the official newspaper once a week for two consecutive weeks preceding the hearing. In addition, mailed notice shall be given to all persons owning property at the time and in the manner provided by MCA § 7-15-4215(1). All notices shall provide the information regarding the modification required by MCA § 7-15-4215(1). Nothing herein shall limit of affect the authority of the Commission to undertake and carry out renewal activities on a yearly basis as provided by MCA § 7-15-4220. PROPERTY ACQUISITION The NURB will assist and encourage public and private entities to eliminate blight or blighting influences, and strengthen the City’s economy by developing property in the District. However, the power of eminent domain shall not be used to acquire private property for private purposes or for parks. ACTION BY THE CITY The City shall aid in carrying out this Plan, and shall take all actions necessary to ensure the continued fulfillment of the purposes of this Plan and to prevent the recurrence or spread in the area of conditions causing blight. Other action by the City may include, but not be limited to the following: 209 12 1. Institution and completion of proceedings for opening, closing, vacating, widening or changing the grades of streets, alleys and other public rights-of-way and for other necessary modification of the streets, the street layout and other public rights-of-way in the Northeast Bozeman Improvement District areas. 2. Institution and completion of the proceedings necessary for changes and improvements in publicly-owned utilities within or affecting the Northeast Bozeman Improvement District areas. 3. Revision of Master Plan, Zoning requirements, development standards and regulatory practices if necessary to facilitate the execution or principles, policies and implementation actions set forth by this Plan. 4. Performance of the above, and all other functions and services relating to public health, safety and physical development normally rendered in accordance with a schedule that will permit the redevelopment of the Northeast Bozeman Improvement District area to be commenced and carried to completion without unnecessary delays. 5. Promotion of the availability, through the City, of programs and funds to help keep existing and new housing, in or near the district, affordable and habitable. 6. The undertaking and completing of any other proceedings necessary to carry out the provision of this Plan. 210 13 FINANCE The programs, projects and administration of the Plan shall be financed from a variety of sources both public and private which in part may include: Private – Grants; dues; self-imposed taxes, such as Special Improvement Districts or Business Improvement Districts; private investment; and donations. Private Enterprise Assistance Programs – Housing and Urban Development, Small Business Administration and Community Reinvestment Act financial assistance. Public – Tax increment financing; revenue bonds; City and County general funds; public grants; utility Districts; user fees; state-backed, low interest loans; Montana Department of Transportation; general obligation bonds; tax credits; and enterprise funds. Tax Increment Financing will be implemented in accordance with MCA §§ 7-15-4282-4292 and 4301-4324. In the event that property taxes are reduced or replaced with some new form of revenue, it is the intent of the Plan to use all available means to adjust the tax base or allow the capture of that portion of the new revenue form necessary to offset the reduced or lost increment. The Director of Economic Development will annually develop a program and budget to be reviewed and adopted by the City Commission. During this procedure, specific actions will be proposed in detail for community review. Tax Increment Financing shall be used to further the implementation of the goals set forth in this plan. 211 14 Figure 1 212 15 Appendix 1 COMMISSION RESOLUTION NO. 3835 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING THAT BLIGHTED AREAS EXIST WITHIN THE MUNICIPALITY AND THE REHABILITATION, REDEVELOPMENT, OR A COMBINATION THEREOF OF SUCH AREA OR AREAS IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY, MORALS, OR WELFARE OF THE RESIDENTS OF SUCH MUNICIPALITY. WHEREAS, a blight investigation in a portion of Northeast Bozeman outlined in Attachment “A” was completed by ThinkTank Design Group, Inc. on June 6, 2005; and WHEREAS, the investigation determined that areas of blight as defined by state statute existed within the study area associated with the following: the defective or inadequate street layout identified within the study area; instances of known deterioration, inadequate provisions and/or age obsolescence of the following public improvements within the study area: water, sewer, storm drainage, streets, sidewalks and parks; instances of age obsolescence of buildings within the study area; instances of unsanitary or unsafe condition; instances producing inadequate provision for ventilation, light, proper sanitary facilities, or open spaces as determined by competent appraisers on the basis of an examination of the building standards of the municipality; and WHEREAS, Section 7-15-4212 MCA provides that any person, public or private may submit an urban renewal plan to the municipality; and 213 16 WHEREAS, a request was received from ThinkTank Design Group, Inc. to create an Urban Renewal District for the study area in Northeast Bozeman outlined in Attachment “A”; and WHEREAS, Section 7-15-4210 MCA requires that a municipality adopt a resolution of necessity in order to implement an urban renewal program. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that areas of blight exist within the study area of Northeast Bozeman outlined in Attachment “A”, attached hereto and by this reference made a part hereof, and that the rehabilitation, redevelopment, or a combination thereof of the area is necessary in the interest of the public health, safety, morals, or welfare of the residents of Bozeman. BE IT FURTHER RESOLVED that the City shall not use its powers of eminent domain to acquire private property for any private use in the implementation of any urban renewal project within this area. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 15th day of August 2005. __________________________________________ ANDREW L. CETRARO, Mayor ATTEST: 214 17 ________________________________________ ROBIN L. SULLIVAN City Clerk APPROVED AS TO FORM: _____________________________________ PAUL J. LUWE City Attorney 215 18 Appendix 2 Description of the Proposed NE Urban Renewal District Beginning at the point of the southeast corner of Lot 12 Block 15 of the Imes Addition; thence southerly along the west right-of-way line of North Rouse Avenue approximately 1,530 feet to the northeast corner of the north 81 feet of Tract 1 Block 9 of Beall’s First Addition; thence easterly approximately 60 feet to the western property line of Tract 2 Block 1 of Perkins and Stone Addition; thence northerly along the east right-of-way line of North Rouse Avenue approximately 32 feet to the northwest corner of Tract 2 Block 1 of Perkins and Stone Addition; thence easterly along the south right-of-way line of East Peach Street approximately 397 feet to the northwest corner of Tract 2 Block 6 of the Babcock and Davis Addition; thence southerly along the east right-of-way line of North Church Avenue approximately 117 feet to the southwest corner of Tract 2 Block 6 of the Babcock and Davis Addition; thence easterly approximately 194 feet to the southeast corner of Tract 2 Block 6 of the Babcock and Davis Addition; thence southerly approximately 55 feet to the southeast corner of Tract 3 Block 6 of the Babcock and Davis Addition; thence westerly approximately 10 feet to the northeast corner of Tract 4 Block 6 of the Babcock and Davis Addition; thence southerly approximately 111 feet to the southeast corner of Tract 7 Block 6 of the Babcock and Davis Addition; thence easterly approximately 264 feet to the western property line of the West ½ of Lot 3 Block 7, Tract 2 of the Babcock and Davis Addition; thence northerly along the eastern right-of-way line of North Wallace Avenue approximately 284 feet to the northwest corner of the west end of Tract 2 Lot 6, and the north 5 feet of Lot 5 Block 7 of the Babcock and Davis Addition; thence easterly along the southern right-of-way line approximately 817 feet to the western property line of Lot 33 Block 53 of the Northern Pacific Addition; thence northeasterly along the eastern right-of-way line of Plum Avenue approximately 555 feet to the centerline of the current main railroad track; thence northwesterly along the centerline of the current main railroad track approximately 1,280 feet; thence westerly approximately 177 feet to the northeast corner of Lot 1 of the Amended Plat C-23-W of the Northern Pacific Addition; thence southerly along the west right-of-way line of North Wallace Avenue approximately 393 feet to the southeast corner of Lot 17 Block 110 of the Northern Pacific Addition; thence westerly along the north right-of-way line of East Tamarack Street approximately 400 feet to the southwest corner of Lot 1 of the Amended Plat C-23-W of the Northern Pacific Addition; thence northerly along the east right-of-way line of North Church Avenue approximately 360 feet to the property line of Lot 1 of the Amended Plat C-23-W of the Northern Pacific Addition; thence westerly approximately 430 feet along the north right-of-way line of East Juniper Street to the southeast corner of Lot 12 Block 15 of the Imes Addition, the point of beginning. 216 Memorandum REPORT TO:City Commission FROM:Chris Saunders, Community Development Manager Brian Krueger, Development Review Manager Erin George, Deputy Director of Community Development Anna Bentley, Director of Community Development SUBJECT:Ordinance 2132, Final Adoption of Alcoholic Beverages and Sales Text Amendment, Application 23064 MEETING DATE:August 1, 2023 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Final adoption of Ordinance 2132. 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:In conformance with the Montana Alcoholic Beverage Code, The City has regulated the allowance of alcoholic licenses and alcohol sales for on- premises consumption for decades. Section 16-3-306(1), Montana Code Annotated (MCA) denotes that retail licenses for alcohol are not permitted to any business or enterprises whose premises are within 600 feet as a building used exclusively as a church, synagogue, or other place of worship or as a school other than a commercially operated or postsecondary school. As denoted in 16-3-306(4), this separation distance requirement does not apply if the applicable jurisdiction of a local government has supplanted said provisions as authorized in 16-3-309, MCA. The City previously adopted provisions to supplant this separation distance requirement through Sections 04.02.020.B and 38.360.060.B of the Bozeman Municipal Code. These standards exempt temporary events using a state issued catering endorsement license or special permit, restaurants with a state issued beer and wine license, and restaurants located within the B-2M and B-3 zoning districts with a state issued beer license with wine amendment. Based on public requests, the City Manager directed City staff to review the existing regulations to consider an exemption for all applicable state issued alcohol license holders from the separation distance rule in order to foster further opportunities for redevelopment, economic development, and tourism within Bozeman. 217 Ordinance 2132 revises the regulations in Chapters 4 and 38 of the BMC to authorize properties within commercial, mixed use, and industrial zoning districts to operate within 600 feet of and on the same street as a building used exclusively as a church, synagogue, or other place of worship or as a school to sell alcohol for on-premises consumption without requiring the sale of individually price meals, having an on-premises dining room and kitchen, and regularly serving an evening meal. Additionally, the proposed revisions include administrative changes, such as removing the requirement for applications to be notarized. The City Commission provisionally adopted this ordinance on July 18, 2023 on a vote of 3-1. For details, please see the video [External Link] of the July 18th meeting beginning at 17:00 minutes in the recording and the City Commission packet [External Link] for the meeting beginning on page 87. UNRESOLVED ISSUES:None. ALTERNATIVES:As identified by the Commission. FISCAL EFFECTS:None at this time related to this Amendment. Attachments: Attachment 1 - Ordinance 2132.pdf Report compiled on: July 19, 2023 218 Ordinance 2132, Alcohol Exemption Separation Standards Text Amendment Ord. 2124 Page 1 of 6 ORDINANCE 2132 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING CHAPTERS 4 AND 38 OF THE BOZEMAN MUNICIPAL CODE TO AUTHORIZE THE SALE OF ALCOHOL FOR ON-PREMISES CONSUMPTION IN COMMERCIAL, MIXED USE, AND INDUSTRIAL ZONED PROPERTIES TO OPERATE WITHIN 600 FEET OF AND ON THE SAME STREET AS A BUILDING USED EXCLUSIVELY AS A CHURCH, SYNAGOGUE, OR OTHER PLACE OF WORSHIP OR AS A SCHOOL, MAKE ADMINISTRATIVE CHANGES, AND PROVIDING AN EFFECTIVE DATE, APPLICATION 23064. WHEREAS, the City of Bozeman (the “City”) has adopted land development and use standards to protect public health, safety and welfare and otherwise execute the purposes of Montana Code Annotated §§ 76-1-102, 76-2-304, 76-3-102, and 76-3-501; and WHEREAS, pursuant to the Bozeman City Charter, the City of Bozeman has adopted and is hereby relying upon its self-government powers recognizing pursuant to Montana law such self- government powers must be liberally construed in favor of such power; and WHEREAS, section 16-3-306(4), MCA recognizes the City’s authority to supplant the provisions of 16-3-306(1) regarding state law distance limitations from certain uses for the location of state issued retail alcohol licenses; and WHEREAS, after proper notice, the Community Development Board in their capacity as Bozeman Zoning Commission held a public hearing on June 26, 2023 to receive and review all written and oral testimony on the proposed amendments. WHEREAS, the Community Development Board in their capacity as Bozeman Zoning Commission recommended to the Bozeman City Commission that Ordinance 2132, be approved as proposed; and WHEREAS, after proper notice, the City Commission held its public hearing on July 18, 2023, to receive and review all written and oral testimony on the proposed amendments; and WHEREAS, the City Commission has reviewed and considered the applicable amendment criteria established in Montana Code Annotated § 76-2-304, and found that the proposed amendments are in compliance with the criteria; and NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: 219 Ordinance 2132, Alcohol Exemption Separation Standards Text Amendment Ord. 2124 Page 2 of 6 Section 1 That Section 4.02.020 – License; exceptions, Bozeman Municipal Code shall be amended as follows: A. The sale of alcoholic beverages is permitted only in districts authorized in chapter 38 of this code to allow such sales. B. The limitations set forth in MCA 16-3-306(1) do not apply to: 1. Restaurants, as defined in chapter 38, The sales of alcohol for on-premises consumption located within a commercial, mixed use, or industrial zoning district serving alcohol pursuant to a state issued restaurant beer and wine alcohol retail license as defined in the Montana Alcoholic Beverage Code; 2. Temporary events such as fairs, weddings, or sporting events serving alcohol using a catering endorsement regardless of the type of state issued on premises retail license as defined in the Montana Alcoholic Beverage Code. 3. Restaurants, as defined in chapter 38, located within the B-2M and B-3 zoning districts serving alcohol pursuant to a state issued beer with wine amendment retail alcohol license as defined in the Montana Alcoholic Beverage Code. Restaurants serving alcohol pursuant to this subsection must comply with 38.360.060. C. Nothing in this article shall be construed to allow a business license for the sale of alcohol to be unilaterally approved and all must apply for and receive such land use approvals as set forth in chapter 38. Section 2 That Section 4.02.030 – City license required; application; license fees, Bozeman Municipal Code shall be amended as follows: A. No person shall manufacture or sell alcohol in the city, under the provisions of the Montana Alcoholic Beverage Code, or at all, without first procuring a license to do so from the city. Application for a city license shall be made to the city manager on a form to be provided by the city treasurer. Separate licenses shall be required for the sale of beer and for the sale of wine. The application will be signed by the applicant, notarized, include the license fee and contain, at a minimum, the following information: 1. Applicant's name, age, and address, phone number, and email address; 2. The business' name and address or, in the case of a transfer or relocation, the address of the proposed new location; 3. The type of alcohol beverage license either applied for or granted by the state, the date it was granted and expiration date; 4. A short statement of the applicant's purpose for obtaining the license; 220 Ordinance 2132, Alcohol Exemption Separation Standards Text Amendment Ord. 2124 Page 3 of 6 4. A short explanation for the applicant's benefit explaining the city's authority to revoke or suspend the business license in response to a similar action by the state. B. The application shall be filed with the city treasurer and presented for the consideration of the city manager. The city manager may use discretion to postpone any action for investigation or other good cause. C. If the application is rejected, the reasons must be noted on the application, the applicant notified, and the tendered fee returned. D. License fees must be payable in advance and shall accompany the application therefor, whether original or renewal. All licenses under this article will expire at 12:00 midnight of December 31, in the year for which such license is issued. In the event that a license is granted after June 30 of any year, the license fee will be one-half of the entire yearly license. E. If the entire yearly license fee has been paid in advance and the business under the license is discontinued before July 1 in the year in which such license is granted, the city treasurer will refund one-half of the yearly license fee upon surrender of the license. Section 3 That Section 4.02.050 – Special permits – When granted, Bozeman Municipal Code shall be amended as follows: A. The city manager, with discretion and upon application, may grant a special permit to sell alcohol beer or wine for consumption on the premises to the following: 1. Any association or corporation conducting a picnic, convention, fair, civic or community enterprise or sporting event within the city limits; 2. A nonprofit arts organization, organized and operated for the principal purpose of providing artistic or cultural exhibitions, presentations, or performances for viewing or attendance by the general public, to be served at an exhibition, production, performance or program for on-premises consumption; and 3. Any other organization or for any other reason the city manager, with discretion, determines should be allowed to serve or sell alcohol during a function. B. The application for a special permit shall be granted only upon the organization acquiring a special permit from the state as provided in the Montana Alcoholic Beverage Code. The applicant must specify the location and nature of the event and the period it is scheduled to be held. All applications will be signed by one or more of the association's officers, will be notarized and will be accompanied by the amount of the permit fee. The permit issued under this section will not authorize the sale of alcohol beer or wine for a longer period than one day before the event is scheduled to begin and one day after the event has been concluded. Section 4 221 Ordinance 2132, Alcohol Exemption Separation Standards Text Amendment Ord. 2124 Page 4 of 6 That Section 4.03.030 – Same – Application; form, contents and filing, Bozeman Municipal Code shall be amended as follows: A. Applications for license under the provisions of this article shall be in writing, and signed and sworn to by the applicant before a person authorized to administer oaths. B. The application for license shall be on a form adopted by the city manager. Section 5 That Section 38.360.060 – Alcohol sales for on-premises consumption, Bozeman Municipal Code shall be amended as follows: A. Alcohol sales for on-premises consumption, on either a temporary or permanent basis, may not be conducted on the same lot or premises where an adult business or the sale of auto retail fuel is permitted. B. Pursuant to section 4.02.020, the restrictions in MCA 16-3-306(1) do not apply to: 1. In zoning districts authorized to serve on premise alcohol, a restaurant if the restaurant serves alcohol on premises only pursuant to a state issued restaurant beer and wine license or to a person operating a temporary event using a catering endorsement; or 2. Restaurants located within the B-2M and B-3 the sales of alcohol for on-premises consumption zoning districts if the restaurant serves alcohol on premise only pursuant to a state issued alcohol retail beer license with wine amendment as long as such restaurant establishment complies with the following requirements and provides the city an annual certification with its business license application of such compliance: a. All alcohol is sold for on premises consumption only; b. The restaurant must have individually priced meals prepared and served for on- site dining; c. Must have a dining room, kitchen and necessary employees for preparing food on the premises; d. The restaurant must serves an evening meal at least four days a week for at least two hours a day between the hours of 5:00 p.m. and 11:00 p.m. and if food is served beyond these hours may only sell alcohol between the hours of 11:00 a.m. and 11:00 p.m.; e. Gambling or gaming is prohibited; f. Alcohol must be stored on premises; and g. Must prevent self-service of alcohol. C. Sales of alcohol for on-premises consumption in the M-1 and M-2 districts are permitted with the following conditions: 222 Ordinance 2132, Alcohol Exemption Separation Standards Text Amendment Ord. 2124 Page 5 of 6 1. Restaurants serving alcoholic beverages are limited to those with state beer and wine licenses issued since 1997, prohibiting any form of gambling and occupying not more than 45 percent of the total building area of a food processing facility; and/or 2. Retail sales for on-premises consumption of alcohol produced on site, not to exceed 10,000 square feet or 50 percent of the facility, whichever is less. Section 6 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 7 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 provision of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 8 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. Section 9 Codification. The provisions of Section 1-5 shall be codified as appropriate in the Bozeman Municipal Code. All references within the Bozeman Municipal Code shall be revised to reflect the changes in this ordinance. 223 Ordinance 2132, Alcohol Exemption Separation Standards Text Amendment Ord. 2124 Page 6 of 6 Section 10 Effective Date. This ordinance shall be in full force and effect on August 31st, 2023. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 18th day of July, 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 thereof held on the _______________ day of ________, 2023. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ____________________________________ GREG SULLIVAN City Attorney 224 Memorandum REPORT TO:City Commission FROM:Susana Montana, Senior Planner Brian Krueger, Development Review Division Manager Erin George, Deputy Director of Community Development Anna Bentley, Director of Community Development SUBJECT:The South Range Crossing Major Subdivision Preliminary Plat, Application 22390 (Quasi-Judicial) MEETING DATE:August 1, 2023 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION:Having reviewed and considered the staff report, application materials, public comment, Planning Board recommendation, and all information presented, I hereby adopt the findings presented in the staff report for application 22390 and move to approve the South Range Crossing Major Subdivision Preliminary Plat with conditions and subject to all applicable code provisions. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND: This is a 5 Phase, 97-lot major subdivision of a 38.4-acre parcel recently annexed into the City and given a REMU zoning designation. The 97 lots consist of 8 commercial lots, 71 residential lots, 9 open space lots, 5 storm water management lots and 4 park lots. Public streets and trails would be provided. The residential lots would be developed as both for-sale townhouses and rental “cottage” detached homes. The 7 commercial lots would provide approximately 41,500 gross square feet of space for neighborhood-serving businesses, along with a shared parking lot in the center of this commercial node. A Master Site Plan for this subdivision was reviewed by the Community Development Board, acting as the Design Review Board, on July 3, 2023 and was recommended for approval with conditions and code provisions. The Director has approved this Master Site Plan. A link to the application materials can be found in the attached staff report. 225 UNRESOLVED ISSUES:None ALTERNATIVES:As noted in the staff report. FISCAL EFFECTS: Fiscal impacts are undetermined at this time but will include increased property tax from new development along with increased costs to provide municipal services to those developments. Attachments: 22390 South Range Crossing PP CC Draft Staff Report.pdf Report compiled on: July 12, 2023 226 Page 1 of 54 City Commission Staff Report for the South Range Crossing Major Subdivision Preliminary Plat; Application No. 22390. Public Meeting Dates: Planning Board public meeting was held Monday, July 3, 2023, at 6:00 pm. City Commission public meeting will be held Tuesday, August 1, 2023, at 6:00 pm Both meetings take place in the Commission meeting room at City Hall, 212 N. Rouse Avenue, Bozeman, MT. Electronic access to the meeting may be available as outlined on the published agenda of the meeting. Project Description: This is a 5-phase, 97-lot major subdivision of a 38.4-acre parcel. The 97 lots consist of 8 commercial lots, 71 residential lots, 9 open space lots, 5 stormwater management lots and 4 park lots. Public streets and trails would be provided. The residential lots would be developed as both for-sale townhouses and “Build to Rent” detached homes. The 7 commercial lots would provide approximately 41,500 gross square feet (gsf) of space for neighborhood-serving businesses, along with a parking lot in the center of this commercial node. Project Location: The property is addressed as 1700 West Graf Street and is located at the southeast corner of West Graf Street and South 19th Avenue. Legal description: Lot 1 of Block 2 of the Yellowstone Theological Institute Minor Subdivision No. 494 located in the NW ¼ and SW ¼ of S24, T2 S, R5 E, 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. Suggested City Commission Motion: Having reviewed and considered the application materials, Planning Board recommendation, public comment, staff report and all the information presented, I hereby adopt the findings presented in the staff report for application 22390 and move to approve the South Range Crossing Major Subdivision Preliminary Plat with conditions and subject to all applicable code provisions. Report Date: July 12, 2023 Staff Contact: Susana Montana, Senior Planner Simon Lindley, Project Engineer Agenda Item Type: Action (Quasi-judicial) 227 22390; City Commission Staff Report for the South Range Crossing Major Subdivision Preliminary Plat Page 2 of 54 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 at: 22390 SRXing PP application materials and may be accessed through the Community Development viewer as well. No public comments have been received as of the writing of this report. Should written public comments be received they will be included in the City’s Laserfiche archive and available to the public. Unresolved Issues. There are no unresolved issues with this application other than the Section 3, conditions, and Section 4, code provisions, required to meet State and Bozeman Municipal Code (BMC) standards prior to final plat approval. Project Summary The subject parcel was annexed into the City on December 13, 2022 and was given a City zoning designation of Residential Emphasis Mixed Use, REMU District (Project No. 22279). The Community Development Department received a Preliminary Plat Application on December 22, 2022, requesting to subdivide the 38.4-acre parcel into 97 lots. The 97 lots consist of 8 commercial lots, 71 residential lots, 9 open space lots, 5 stormwater lots and 4 park lots. Public streets and trails would be provided. The 71 residential lots are expected to accommodate 285 dwelling units which would be both rental and for-sale units. The 7 commercial lots are intended by the Applicant to be occupied by neighborhood-serving businesses plus a parking lot to serve them. The Site lies within the Meadow Creek Subdivision Signal, Water and Sewer Payback District. The Development Review Committee (DRC) reviewed the December 22, 2022 application and deemed it incomplete. The Applicant submitted revised applications on March 15, 2023 and May 19, 2023. On May 30, 2023, the Development Review Committee (DRC) found the May 19, 2023 application sufficient for public notification and review and for Planning Board review. The DRC finds the application sufficient for approval with the conditions and code provisions identified in this report. The subdivider requests two City code variances/modifications with this application. The first is a request for street access spacing modifications for four access points, per BMC 38.400.090.H, and the second request is to modify the centerline radius at the corner of Alder Creek Drive and Street B per Table IV-2 of the City of Bozeman Design Standards and Specifications Policy, dated March 2004. Please see Section 2, Variances, of this report for details on those requests. 228 22390; City Commission Staff Report for the South Range Crossing Major Subdivision Preliminary Plat Page 3 of 54 The subdivider requested concurrent construction of public infrastructure with development of the five phases of the subdivision (see page 9 of the Applicant’s Narrative in the Documents folder of the Application materials via the link noted above). The REMU zoning requires submittal, review and approval of a Master Site Plan (MSP) for this development prior to approval of development of any of the lots within the subdivision. The MSP application, Project No. 23020, has been submitted, reviewed, deemed adequate by the DRC for public notice and review by the Design Review Board (DRB) concurrently with this Preliminary Plat (PP) application. On July 3, 2023, the DRB reviewed the application and unanimously recommended conditional-approval of the MSP to the Director. The Director has conditionally-approved the MSP with the conditions and code provisions recommended by staff and the DRB. The final decision for this PP application must be made by the City Commission within 80 working days of the application being deemed complete and adequate, or by August 18, 2023, per BMC 38.240.100. The Commission is scheduled to consider this application on August 1, 2023. The Community Development Board, acting as the Planning Board, reviewed and considered this application at their July 3, 2023 meeting. By a 5 to 0 vote, the Board unanimously recommended approval of the South Range Crossing Major Subdivision Preliminary Plat with staff- recommended conditions and applicable code provisions. Alternatives 1. Approve the application with modifications to the recommended conditions and with applicable code provisions; 3. Deny the application based on findings of non-compliance with the applicable criteria contained within the staff report; or 4. Continue the public meeting on the application, with specific direction to staff or the subdivider to supply additional information or to address specific items. 229 22390; City Commission Staff Report for the South Range Crossing Major Subdivision Preliminary Plat Page 4 of 54 TABLE OF CONTENTS EXECUTIVE SUMMARY ............................................................................................................ 2 Unresolved Issues. .............................................................................................................. 2 Project Summary ................................................................................................................. 2 SECTION 1 – MAP SERIES .......................................................................................................... 5 SECTION 2 – REQUESTED VARIANCES/CODE MODIFICATIONS ................................... 14 SECTION 3 – RECOMMENDED CONDITION OF APPROVAL ............................................ 17 SECTION 4 – CODE PROVISION REQUIREMENTS.............................................................. 17 SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS ............................................ 22 SECTION 6 – STAFF ANALYSIS AND FINDINGS ................................................................ 23 Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC. .......................... 23 38.220.060 Documentation of Compliance with Adopted Standards .............................. 25 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 48 APPENDIX B – NOTICING AND PUBLIC COMMENT ......................................................... 53 APPENDIX C – OWNER INFORMATION AND REVIEWING STAFF ................................. 53 FISCAL EFFECTS ....................................................................................................................... 54 ATTACHMENT LINKS .............................................................................................................. 54 230 22390; City Commission Staff Report for the South Range Crossing Major Subdivision Preliminary Plat Page 5 of 54 SECTION 1 – MAP SERIES Figure 1 – Location Map Figure 2 – Zoning Map (Site shown in red box) REMU 231 22390; City Commission Staff Report for the South Range Crossing Major Subdivision Preliminary Plat Page 6 of 54 Figure 3 -- Community Plan 2020 Future Land Use Designation (see Appendix A for details) 232 22390; City Commission Staff Report for the South Range Crossing Major Subdivision Preliminary Plat Page 7 of 54 Figure 4 – Subdivision’s Proposed Land Uses Detached rental houses Townhomes/rowhouses or apartments Commercial Parks and Open Space/Stormwater Facilities LEGEND 233 22390; City Commission Staff Report for the South Range Crossing Major Subdivision Preliminary Plat Page 8 of 54 Figure 5 – Preliminary Plat—west half Commercial lots Townhome lots Detached rental house lots City Park lots 234 22390; City Commission Staff Report for the South Range Crossing Major Subdivision Preliminary Plat Page 9 of 54 Figure 6 – Preliminary Plat—east half Rental house lots City Park lots 235 22390; City Commission Staff Report for the South Range Crossing Major Subdivision Preliminary Plat Page 10 of 54 Figure 7 – Overall Parks Plan [smaller lots are for townhomes for-sale; larger lots are for rental detached homes] Red box indicates the required extension of S. 15th Avenue northward to W. Graf Street. 236 22390; City Commission Staff Report for the South Range Crossing Major Subdivision Preliminary Plat Page 11 of 54 Figure 8 – City Park Lots in red 237 22390; City Commission Staff Report for the South Range Crossing Major Subdivision Preliminary Plat Page 12 of 54 Figure 9 –Water Feature Map; Ditches shown with green lines Middle Creek Ditch runs along S. 19th Avenue (see also pages 28 and 29) 238 22390; City Commission Staff Report for the South Range Crossing Major Subdivision Preliminary Plat Page 13 of 54 Figure 10 –Subdivision Phasing Map 239 22390; City Commission Staff Report for the South Range Crossing Major Subdivision Preliminary Plat Page 14 of 54 Figure 11 –Pedestrian Circulation Map 240 22390; City Commission Staff Report for the South Range Crossing Major Subdivision Preliminary Plat Page 15 of 54 SECTION 2 – REQUESTED VARIANCES/CODE MODIFICATIONS The subdivider requests two City code variances with this application. The first is a request for access spacing modification for four access points per BMC 38.400.090.h and the second is to modify the centerline radius at the curved corner of Alder Creek Drive and Street B per Table IV-2 of the City’s Design Standards and Specifications Policy, dated March 2004. 1. Modification request for Access Spacing (BMC 38.400.090.H) ‘We are requesting an access modification to BMC item 38.400.090.H regarding the use of shared approaches to Canter Avenue and Providence Drive (previously Street A). The maximum number of dwelling units that exist within the Build-to-rent product is 16. These units function as patio homes per the Trip Generation Manual (11th edition) Land Use Code 210, which have a 5.35/unit average weekday rate and a 0.47/unit average evening peak hour rate. This gives an expected trip generation for the largest module of 86 weekday trips and 8 evening peak hour trips. The current configuration of the units provides the most efficient design without jeopardizing the public’s health, safety, and welfare. The accesses are located onto local streets, and the shared paths are not expected to have sufficient traffic as described above, which should not endanger the public. Therefore, we are requesting that the City of Bozeman approve a modification for all those shared access proposed which do not meet this spacing standard.” City Response: The South Range Crossing preliminary plat application proposes to create non- compliance with BMC 38.400.090 for the access spacing on a local street. The Applicant has satisfied the access modification requirements in BMC 38.400.090.H and provided sufficient documentation and reasoning to support the non-compliance. Based on the information provided with this application, the Director of Transportation and Engineering and City staff support the access modification request. 2. Modification request for Centerline Radius (Bozeman Design Standards Table IV-2) “We are requesting a modification from the centerline radius or a local road standard for Richland Drive (formerly Street B) as shown in Table IV-2 of the City of Bozeman Design Standards and Specifications Policy (dated March 2004). The curve at approximately Station 2+86 is intended to function as 90-degree corner and shall not function as a standard local road with a larger design speed for navigational purposes, therefore it shall not require a large centerline radius. This 90-degree configuration provides the most efficient use of land without endangering public health, safety, and welfare. A slower traffic movement 241 22390; City Commission Staff Report for the South Range Crossing Major Subdivision Preliminary Plat Page 16 of 54 will be preferable for this area as it is near two intersections with local roads and additional proposed alley accesses. A turning movement exhibit was provided for a City of Bozeman Fire Truck (SPH100 Aerial specifications) to show that the vehicle can safely navigate this corner (see below image).” “Furthermore, Richland Drive shall have stop control at the intersection with Canter Avenue and at the intersection with Brookdale Drive. This route is not expected to carry much traffic other than local traffic due to its configuration. Therefore, we are requesting that the City of Bozeman approve a modification for the centerline radius of Richland Drive at this corner.” Figure 11 – Centerline Radius Modification Site City Response: The South Range Crossing preliminary plat application proposes to create non- compliance with Bozeman Design Standards Table IV-2 for the minimum centerline on a local street. The Applicant has provided sufficient documentation and reasoning to support the non- compliance. Based on the information provided with this application, the Director of Transportation and Engineering and City staff support the centerline radius deviation request. 242 22390; City Commission Staff Report for the South Range Crossing Major Subdivision Preliminary Plat Page 17 of 54 SECTION 3 – RECOMMENDED CONDITION OF APPROVAL Please note that this condition is in addition to any required code provisions identified in this report. This condition is specific to this project. 1. Payback Districts. The subject property is located within the Meadow Creek Subdivision Signal, Water and Sewer payback district boundaries. If the subject property did not participate in the original cost of construction of improvements the subject property will be accessed a payback charge prior to Final Plat approval. Reference documents: https://weblink.bozeman.net/WebLink/ElectronicFile.aspx?dbid=0&docid=181718& https://weblink.bozeman.net/WebLink/ElectronicFile.aspx?dbid=0&docid=181719& https://weblink.bozeman.net/WebLink/ElectronicFile.aspx?dbid=0&docid=129437& SECTION 4 – CODE PROVISION 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. BMC 38.400.010 – Streets, and 38.400.110, Fire and Emergency Services Access. a. South 19th Avenue must be widened to a principal arterial standard (including lighting) along the western edge of the subject property according to the City's Transportation Master Plan (TMP); b. A 10-foot shared use path must also be constructed along South 19th Avenue adjacent to the subject property according to the PROST Plan and TMP; c. South 15th Avenue must be constructed to a local street standard (including lighting and stormwater) with 60-feet of right-of-way from Brookdale Drive to W. Graf Street prior to future development on Block 2, Lot 3; and d. There must be no parking on the alleys serving both townhouse lots and the lots with detached houses in order to assure access for garbage trucks, fire engines and other emergency service vehicles. 3. BMC38.410.130. Water Adequacy. The proposed subdivision will need to satisfy the City’s water adequacy code requirement prior to final plat approval. If sufficient water rights cannot be provided to offsets the development's annual demand, then a cash-in-lieu of water rights (CILWR) payment will be required. If the developer owns water rights or shares in an irrigation company (i.e., Middle Creek User Association), please contact Brian 243 22390; City Commission Staff Report for the South Range Crossing Major Subdivision Preliminary Plat Page 18 of 54 Heaston (bheaston@BOZEMAN.NET) in the Engineering Department for an evaluation of the rights. For the CILWR fee determination please contact Griffin Nielsen (gnielsen@BOZEMAN.NET ) in the Engineering Department. CILWR fees for all multi- family, rowhouse, and commercial lots will be deferred until future development. A note must be included on the final plat list providing notice of the future development requirement and list each lot that has been deferred. The CILWR fee will be required for all townhome lots. The pre-determination from the DNRC, demonstrating that the proposed use of groundwater wells to supply the irrigation demand to parks open space may be permitted under Montana’s exempt appropriation prior to the finalization of the CILWR fee determination. If allowed the water rights must be transferred to the correct owner (City of Bozeman for Park and the POA for the Open Space). After the irrigation systems are installed and put to use prior to filing the 602 forms with the DNRC the City must review the verify the information on the form and the correct ownership is listed, please see the Parks Department comments for additional details. The property deeds must correctly note the transfer of the water rights. 4. BMC 38.270.030.D.2 – Concurrent Construction Improvements Agreement. a. The property owner must enter into an improvements agreement to ensure the installation of required infrastructure and other applicable improvements, to be secured by any security or securities found in Section 38.270.080. If a financial security is used, the amount will be determined by the City and in an amount not less than 150 percent of the cost of the improvements verified against City publicly bid unit prices, where such are available. If no publicly bid unit prices are available, any cost estimate acceptable to the City may be used. The security must be in the name of the City and must be at least six months longer than the time of performance allowed/required by the improvements agreement. b. BMC 38.270.030.D.4 – Infrastructure Improvements. Approval of the final engineering design, including location and grade, for any public infrastructure must be obtained from the City Engineering Department, and the Montana Department of Environmental Quality when applicable, prior to issuance of any building permit for the development. c. BMC 38.270.030.D.6 – Liability Insurance. The developer must provide and maintain hazard and commercial general liability insurance. Insurance policies must not be canceled without at least 45 days prior notice to the City. The commercial general liability policy must name the City as an additional insured. The developer must furnish evidence, satisfactory to the City, of all such policies and the effective dates thereof. d. BMC 38.270.030.D.11 – Indemnification. The developer must execute a hold harmless and indemnification agreement indemnifying, defending and holding harmless the City, its employees, agents and assigns from and against any and all liabilities, loss, 244 22390; City Commission Staff Report for the South Range Crossing Major Subdivision Preliminary Plat Page 19 of 54 claims, causes of action, judgments and damages resulting from or arising out of the issuance of a building permit under this section. e. BMC 38.240.450.A – Completion of Public Improvements Statement. Where improvements are to be installed prior to final plat approval, the final plat subdivision must contain a certificate of completion of public improvements. The certificate must list all completed and accepted improvements. 5. BMC 38.400.070 - Street Lighting. The required public streetlight(s) must be included in a Special Improvement Lighting District (SILD), in accordance with the City of Bozeman Lighting and Electrical Specifications, prior to final plat approval. 6. BMC 38.410.060 – Easements. All easements indicated below must be provided on City standard easements templates. Drafts must be prepared for review and approval by the City. Signed hard copies of the easements must be submitted to the City prior to construction and/or final plat approval, whichever is sooner. The Applicant may contact the review engineer to receive standard templates. Required Easements: 10-foot wide Public Utility Easements; 20-foot-wide Trail Easement along South 19th Avenue; 10-foot-wide Public Street and Utility Easement along South 19th Avenue; 60-foot-wide Public Street and Utility Easement; 30-foot-wide Water and Sewer Pipeline Access Easement; and the 30-foot-wide Storm Drainage Easement. All easements, existing and proposed, must be accurately depicted and addressed on the final plat and in the final plat application. Public utilities are to be located within dedicated street rights-of-way (ROW). 7. BMC 38.400.110. Pedestrian Circulation. Sidewalks shall be provided along all park and open space lots as part of the subdivision infrastructure. 8. BMC 38.220.020.A - Streambed, Streambank, and/or Wetlands Permits. The Applicant must contact the Gallatin County Conservation District, Montana Department of Environmental Quality, and U.S. Army Corps of Engineers regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.). Any required permits must be obtained by the Applicant and provided to the Community Development Department prior to construction and/or final plat approval, whichever is sooner. A permission form from the Middle Creek Ditch owner and downstream water user must be provided to modify a ditch. Ditches must follow historical drainage. 9. Sec. 410.060.D.1 Agricultural Water User Easements. Prior to final plat approval, the Applicant must establish an agricultural water user facility easement for the Middle Creek Ditch traversing the western boundary of the Site as well as one for the existing ditch laterals traversing the southern and eastern boundaries of the Site or provide sufficient 245 22390; City Commission Staff Report for the South Range Crossing Major Subdivision Preliminary Plat Page 20 of 54 information pursuant to Sec. 38.410.060.D.5 to allow for removal of these former ditch laterals from the Site. The Natural Streambed and Land Preservation Act, also known as "The 310 Law" is administered by the Conservation Districts. The purpose of the 310 law is to keep rivers and streams in as natural or existing condition as possible, to minimize sedimentation, and to recognize beneficial uses. The determination by the GSD that Middle Creek Ditch requires a 310 Permit does not mean the waterway is deemed a “watercourse” per the definition of the BMC and, therefore, requiring a 50-foot watercourse setback. Section 38.700.210 definition of watercourse specifically excludes “any facility created exclusively for the conveyance of irrigation water or stormwater.” The proposed development will “cross” the ditch in two locations to extend Southbridge Drive and Brookdale Drive within the Site westward to S. 19th Avenue. The development will also realign the ditch along the Site’s western boundary to allow the widening of S. 19th Avenue on its east side. Those impacts to the ditch would be addressed in the 310 Permit application. The location of the realignment, the restoration of vegetation and similar features of the ditch must be addressed in the infrastructure plan for the subdivision and in the site plan for any lot abutting S. 19th Avenue. The Applicant must provide with the infrastructure plan written permission from the Middle Creek Ditch Company and applicable downstream water user(s) granting permission to modify/realign the ditch. 10. BMC 38.360.280. - Agricultural Water User Facilities: a. The Applicant must provide written notice to all applicable water users and/or agricultural water facility authorized representatives of the proposed development per BMC 38.360.280.B.1; b. The Applicant must provide with the final plat application written permission from the Middle Creek Ditch Company and applicable downstream water user(s) authorizing the modification/realignment of the ditch; c. The development will also realign the ditch along the Site’s western boundary to allow the widening of S. 19th Avenue on its east side. Impacts to the ditch would be addressed in the 310 Permit application and the location of the realignment, the restoration of vegetation and similar features of the ditch must be addressed in the infrastructure plan for the subdivision; d. Mitigation of impacts to the existing ditches including the proposed culverts, must be coordinated with easement holders and shall consider comments received from affected water users of the existing ditches. The developer’s professional engineer must certify, prior to final master site plan approval, that the water entering and exiting the piped 246 22390; City Commission Staff Report for the South Range Crossing Major Subdivision Preliminary Plat Page 21 of 54 ditches are the same quality and amount of water that entered or exited the facility prior to adjustment; e. For the existing ditch lateral traversing the south side of the subject property. Prior to final site plan approval, the developer must establish an agricultural water user facility easement pursuant to Sec. 38.410.060.D.1 or provide sufficient information pursuant to Sec. 38.410.060.D.5 to allow for the removal of the ditch lateral from the subject property; and f. BMC 38.410.060.D.4. - Stormwater discharges to an agricultural water user facility. Stormwater from the development must not be discharged to an agricultural water user facility without written approval from the owner of the facility and corresponding stormwater conveyance easement(s). Any required stormwater conveyance easements must be provided prior to final MSP approval. 11. BMC 38.220.070.7.b – Ground water. The Conditions of Approval Sheet shall contain the following, "This is a known area of high groundwater. No crawl spaces or basements may be constructed. Sump pumps are not allowed to be connected to the sanitary sewer system. Sump pumps are not allowed to be connected to the drainage system. Water from sump pumps may not be discharged into streets, such as into the curb and gutter where they create a safety hazard for pedestrians and vehicles." 12. BMC 38.220.070.7.b – Stormwater. The Conditions of Approval Sheet shall contain the following, "The maintenance of all stormwater retention facilities outside the public right- of-way is the responsibility of the property owners’ association (POA)." 13. BMC 38.220.070.7.f – Subdivision Plat Conditions of Approval Sheet. The Applicant must list all easements and recorded document numbers on the Conditions of Approval Sheet. 14. BMC 38.400.040.A.2 – Streets. Street names must be reviewed and approved by the County's geographic information systems and City Engineering Department prior to final plat approval. The Applicant must submit written approval from both entities with the final plat application. 15. BMC 38.240.180. PARKS Master Plan a. The Final Plat application must include a revised Parks Master Plan that positively addresses the comments made by the Parks Department on the March 2023 draft Plan. b. A preconstruction meeting with the Parks Division is required prior to any site work within the park area. Applicants must provide final park plans with all parkland 247 22390; City Commission Staff Report for the South Range Crossing Major Subdivision Preliminary Plat Page 22 of 54 improvements proposed and schedule a preconstruction meeting at least 30 days prior to planned commencement of parkland construction. c. BMC 38.240.180.A.3 Applicant to provide deeds for parkland at time of Final Plat. d. BMC 38.240.180.A.3.e.(1) & BMC 38.240.450. Public park improvements must be included in the certificate of public improvements at final plat. e. Private utilities are not allowed within parkland. f. If well/irrigation improvements are accepted by Parks Dept prior to final plat approval by City commission, then follow these steps: 1) Complete 602 Form Notice of completion of exempt groundwater development. Form is completed by developer, then reviewed by City for completeness/accuracy, and 2) File final plat and warranty deed transferring fee title to parkland. If well/irrigation improvements are financially guaranteed under an IA prior to final plat approval by City commission, then follow these steps: 1) File final plat and warranty deed transferring fee title to parkland. 2) Complete well/irrigation improvements. Prior to release of financial security and closeout of IA, developer to complete 602 Form for review by City. g. Resolution 4784 - Move berm 5'-8' away from sidewalks to avoid overspray from irrigation nozzles onto hardscape. 16. BMC 38.550.E Street Frontage Landscaping and 38.570.030 Streetlights Required. The final plat submittal must have a code-complying landscape plan showing all landscaping for boulevards and other public spaces and per 38.570.030, must provide streetlights meeting the standards of the City of Bozeman Design Standards and Specification Policy. SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS The Development Review Committee (DRC) determined the application was sufficient for continued review and recommended approval with conditions and Code Requirements on May 30, 2023. The Planning Board met on July 3rd, 2023, and, on consent agenda, unanimously recommended approval of the application with staff-recommended conditions and applicable code provisions. Their Motion was as follows: “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 23020 and move for the Community Development Board, in its capacity as the Design Review Board, to recommend approval of the South Range Crossing Major Subdivision Preliminary Plat with conditions and subject to all applicable code provisions.” 248 22390; City Commission Staff Report for the South Range Crossing Major Subdivision Preliminary Plat Page 23 of 54 The City Commission public meeting on this application is scheduled for Tuesday, August 1, 2023, at 6:00 P.M. in the City Commission Hearing Room. Electronic access to the meeting may be available as outlined on the published agenda of the meeting. 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 Code Provision No. 1, per BMC 38.100.080, the final plat must comply with State statute, Administrative Rules of Montana, and the Bozeman Municipal Code (BMC). 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. Code Provisions 2 through 16 address necessary documentation required for compliance with City and State subdivision standards. Therefore, upon satisfaction of the single condition of approval and code provisions, the subdivision will comply with subdivision regulations. 3) Compliance with the local subdivision review procedures provided for in Part 6 of the Montana Subdivision and Platting Act The Bozeman Planning Board public meeting and City Commission public meeting were properly noticed in accordance with the Bozeman Municipal Code. Based on the recommendation of the Development Review Committee (DRC) and other applicable review agencies, application materials, staff evaluation of review criteria and code provisions and staff findings of meeting 249 22390; City Commission Staff Report for the South Range Crossing Major Subdivision Preliminary Plat Page 24 of 54 these criteria and codes, as well as any public testimony received on the matter, the City Commission will make the final decision on the subdivider’s request. The subdivider requested review of this subdivision under the terms of 76-3-616 MCA as authorized in 38.240.100. The Department of Community Development received a preliminary plat application for this subdivision on December 27, 2022. On January 13, 2023, the DRC reviewed the preliminary plat application and determined the submittal did not contain detailed, supporting information that was sufficient to allow for the continued review of the proposed subdivision. A revised application was received on March 15th and May 19, 2023. On May 30, 2023, the DRC determined the May 19, 2023 revised application was adequate for continued review such as public notice and comment and Planning Board review and recommendation. The City scheduled public notice for this application on June 9, 2023. The Applicant posted public notice on the subject property on June 9, 2023. The Applicant sent public notice to owners of land located with 200-feet of the Site via first class mail, on June 9, 2023. No public comment has been received on this subdivision application as of the writing of this report. On July 5, 2023, this major subdivision staff report was completed and forwarded with a recommendation of conditional approval for consideration to the City Commission. 4) Compliance with Chapter 38 of the Bozeman Municipal Code 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 the condition and code provision corrections. This report includes a Condition of Approval and required Code Provisions as recommended by the DRC for consideration by the Planning Board and the City Commission to complete the application processing for final plat approval. All municipal water, sanitary sewer and stormwater 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. The two street variance requests for street design modifications have been evaluated and approved by the Director of Transportation and Engineering. 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, per Code Provision No. 6 which requires that all easements, existing and proposed, to be accurately depicted and addressed on the final plat and in the final plat application. Public utilities are to be located within dedicated street rights-of-way (ROW). 250 22390; City Commission Staff Report for the South Range Crossing Major Subdivision Preliminary Plat Page 25 of 54 Code Provision No. 9 requires the provision of agricultural water user facility easements prior to final plat approval. Code Provision No. 10 requires the Applicant to secure written permission from the Middle Creek Ditch Company and all applicable water users for the alteration to the ditch for road crossings and other alterations. 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 With meeting Code Provision No. 2, the final plat will provide legal and physical access to each lot within the subdivision. All the proposed lots will have physical and legal access from public streets or alleys constructed to City standards with lot frontage meeting minimum REMU zoning standards as shown on the preliminary plat. Code Provision No. 2.c requires South 15th Avenue to be constructed to a local street standard prior to development of the abutting Block 2, Lot 3; this will provide legal and physical access to a public street for that lot. 38.220.060 Documentation of Compliance with Adopted Standards 38.220.060.A.1 – Surface water As described below, there is an agricultural irrigation ditch, Middle Creek Ditch, lying within the Site. A Wetland Delineation report was prepared by Morrison-Maierle Engineering in 2022 for the entire South Range Crossing property [South Range Crossing Wetland Delineation Report, December 6, 2022, Morrison-Maierle]. Based on the wetland delineation presented in that report and the data collected, it is Morrison- Maierle’s professional judgement that waters of the U.S. (WOTUS) are present within the project area in the form of the existing Middle Creek Ditch lying approximately 1,360.7 linear feet of stream/ditch along the western edge of the property (see Figure 9). That same investigation determined that no wetlands are present on the Site. The determination from the Gallatin Conservation District from January 12, 2023, is the stream/ditch is under their jurisdiction and will require a 310 permit. Pursuant to BMC 38.220.020. A. and Code Provision Nos. 8, 9 and 10, any crossing of the WOTUS ditch for roads or pedestrian facilities will require a 310 Permit from the Gallatin County Conservation District before any work commences on the ditch or before final plat approval, whichever is sooner. Permission to alter the ditch from the Middle Creek Ditch owner and downstream water user must be provided prior to final plat approval. Ditches must follow historical drainage. 251 22390; City Commission Staff Report for the South Range Crossing Major Subdivision Preliminary Plat Page 26 of 54 Figure 12: Road crossings of Middle Creek Ditch There is also an irrigation ditch/channel along the southern and eastern boundary of the Site (see Figure 9). The South Range Crossing Wetland Delineation Evaluation of the Site acknowledged the active WOTUS channel of the Middle Creek Ditch flowing along the western edge of the Site and also identified what may be abandoned irrigation ditches along the southern and eastern boundary of the Site (see Figures 13 to 17). Code Provision 10 requires the Applicant to establish an agricultural water user facility easement for the southern and eastern ditches or demonstrate that they have been abandoned and, per 38.410.060.D, have been removed from the Site. Realignment of ditch for widening of S. 19th Ave. Ditch crossing for Southbridge Dr. & Brookdale Dr. access to S. 19th Ave. 252 22390; City Commission Staff Report for the South Range Crossing Major Subdivision Preliminary Plat Page 27 of 54 Figure 13: Existing Site Features Map per Master Site Plan Application Hydrology. According to the Bozeman, Montana (2020) U.S. Geological Survey (USGS) 7.5- minute topographic map, the property ranges in elevation between approximately 4,980 and 5,000 feet. The USGS map indicates that Middle Creek Ditch runs south and then north through the western edge of the subject property (see Figure 9). Historical aerial imagery of the area suggests that Middle Creek Ditch had a branch that flowed through the south-central area of the subject property until at least 2014. Imagery past this point indicates that this channel was removed or routed around the subject property, reflecting the current-day features and conditions observed in the field. The Montana Department of Environmental Quality (DEQ)’s 2020 CWAIC source data for Montana, which relies upon the National Hydrology Dataset, suggests that this branch/water Existing 20’ wide ditch maintenance easements Existing culvert 253 22390; City Commission Staff Report for the South Range Crossing Major Subdivision Preliminary Plat Page 28 of 54 feature is Mandeville Creek. This identification was dismissed by the Gallatin Conservation District. The Water Resources Survey for Gallatin County, Montana depicts segments, and/or private diversion laterals of Middle Creek Ditch on the subject property at the time of publication in 1953. In a January 12, 2023, letter to the Applicant, the Gallatin Conservation District (GSD) states that the Site and area has been extensively studied by resource professionals and has been designated as a stream/ditch. As such, Gallatin Conservation District has jurisdiction over the Middle Creek Ditch waterway within the Site and a 310 permit for projects impacting the bed and/or banks is required (see Code Provisions 8, 9 and 10). One segment of Middle Creek Ditch followed the west edge of the property, between the property boundary and 19th Avenue, and the other followed the south and eastern boundary. The remnant private diversion laterals are deemed by the Applicant’s engineer to be not jurisdictional. A ditch or stream/ditch that is presumed to be Middle Creek Ditch was flowing south to north on the western edge of the subject property at the time of inspection. Abandoned irrigation ditches were observed on the south and eastern edges of the investigation area. The channel on the eastern edge of the Site was wide, with gently sloping banks, and was fully vegetated (see Figure 13). At the southeast corner of the property, the channel took a sharp turn to follow the southern edge of the property. Stormwater drains were observed at this intersection, the gradient and location thereof indicated that they drained stormwater from the adjacent neighborhood into the channel at times of high precipitation. The channel on the southern edge of the property was narrow, fully vegetated, and tapered off as it approached the southwest corner of the subject property (see Figure 14. At the southwest corner of the property, the actively flowing presumed to be Middle Creek Ditch was observed. The ditch diverged at this southwest corner, flowing both west, underneath 19th Avenue as well as north, along the western edge of the subject property” (see Figures 15 and 16). [December 2022, Morrison Maierle “South Range Crossing Wetland Delineation report”]. The proposed development will “cross” the ditch in two locations to extend Southbridge Drive and Brookdale Drive within the Site westward to S. 19th Avenue. The development will also realign the ditch along the Site’s western boundary to allow the widening of S. 19th Avenue on its east side. Per Code Provision 7, those impacts to the ditch would be addressed in the 310 Permit application. The location of the realignment, the restoration of vegetation and similar features of the ditch would be addressed in the infrastructure plan for the subdivision and in the site plan for any lot abutting S. 19th Avenue. 254 22390; City Commission Staff Report for the South Range Crossing Major Subdivision Preliminary Plat Page 29 of 54 Code Provision No. 10 states: BMC 38.360.280. - Agricultural Water User Facilities: a. The Applicant must provide written notice to all applicable water users and/or agricultural water facility authorized representatives of the proposed development per BMC 38.360.280.B.1; b. The Applicant must provide with the site plan application affecting the ditch written permission from the Middle Creek Ditch Company and applicable downstream water user(s) authorizing the modification/realignment of the ditch; c. The development will also realign the ditch along the Site’s western boundary to allow the widening of S. 19th Avenue on its east side. Impacts to the ditch would be addressed in the 310 Permit application and the location of the realignment, the restoration of vegetation and similar features of the ditch would be addressed in the infrastructure plan for the subdivision and in the site plan for any lot abutting S. 19th Avenue; d. Mitigation of impacts to the existing ditches including the proposed culverts, must be coordinated with easement holders and shall consider comments received from affected water users of the existing ditches. The developer’s professional engineer must certify, prior to final master site plan approval, that the water entering and exiting the piped ditches are the same quality and amount of water that entered or exited the facility prior to adjustment; and e. For the existing ditch lateral traversing the south side of the subject property. Prior to final Master Site Plan approval, the developer must establish an agricultural water user facility easement pursuant to Sec. 38.410.060.D.1 or provide sufficient information pursuant to Sec. 38.410.060.D.5 to allow for the removal of the ditch lateral from the subject property. f. BMC 38.410.060.D.4--Stormwater discharges to an agricultural user facility. Stormwater from the development must not be discharged to an agricultural user facility without written approval from the owner of the facility and corresponding stormwater conveyance easement(s). Any required stormwater conveyance easements must be provided prior to final MSP approval. 255 22390; City Commission Staff Report for the South Range Crossing Major Subdivision Preliminary Plat Page 30 of 54 Figure 14 – Representative view of the remnant channel on the eastern edge of the Site Source: Morrison-Maierle December 2022”South Range Crossing Wetland Delineation Report” Figure 15 – Representative view of the remnant channel on the southern edge of the Site. Source: Morrison-Maierle December 2022”South Range Crossing Wetland Delineation Report” 256 22390; City Commission Staff Report for the South Range Crossing Major Subdivision Preliminary Plat Page 31 of 54 Figure 16—Representative view of Middle Creek Ditch along the western edge of the Site Source: Morrison-Maierle December 2022”South Range Crossing Wetland Delineation Report” Figure 17 – Close up view of the Middle Creek Ditch culvert under Graf Street Source: Morrison-Maierle December 2022”South Range Crossing Wetland Delineation Report” 257 22390; City Commission Staff Report for the South Range Crossing Major Subdivision Preliminary Plat Page 32 of 54 38.220.060.A.2 - Floodplains The project area is located within Federal Emergency Management Agency (FEMA) FIRM Panel 30031C0818E for Gallatin County with an effective date of April 20, 2021. The subject property is located outside of the 100-year floodplain [December 2022, Morrison Maierle, South Range Crossing Wetland Delineation report]. 38.220.060.A.3 - Groundwater Groundwater monitoring was conducted from May through August 2022. Depth to seasonal high groundwater varied from near the surface in the wetlands to about 3-4 feet below ground at the proposed lots. Proposed street and lot grading will raise the developed portions of the site approximately 2-3 feet resulting in a typical depth to seasonal high groundwater in developed areas of about 4-7 feet. Code Provision No. 11 requires the Conditions of Approval Sheet 4 of the Plat map to have the standard language prohibiting basements and the discharge of sump pumps onto streets. 38.220.060.A.4 - Geology, Soils and Slopes Rawhide Engineering conducted a field investigation of the Site in 2022 and developed recommendations for development of the site in a report dated October 2022. A copy of that Geotechnical report is included in this application material as Appendix L. The information below responds to the requirements BMC 38.220.060.A.4. There are no known natural geologic hazards on this property. This property is comprised of an undeveloped agricultural field that is mostly flat. This site experiences high ground water which is common for Bozeman. Due to this factor, several building recommendations have been provided to the Applicant to mitigate flooding of future development. Code Provision No. 11 requires the Conditions of Approval Sheet 4 of the Plat map to have the standard language prohibiting basements and the discharge of sump pumps onto streets. There are no unusual geologic features on the site. There are no slopes greater than 15% on-site. 38.220.060.A.5 - Vegetation The Site plant community consists of grass, forb, and weedy species with remnant amounts of cereal crops from past farming throughout. Dominant vegetation included smooth brome (Bromus inermis, UPL), reed canary grass (Phalaris arundinacea, FACW), meadow foxtail (Alopecurus pratensis, FAC), Western wheatgrass (Elymus smithii, FACU), Maximillian sunflower (Helianthus maximiliani, UPL), and green bristle grass (Setaria viridis, UPL). The central area of the Site area had higher prevalence of Western wheatgrass, green bristle grass, and Maximillian sunflower, as well as common barley (Hordeum vulgare, UPL) and cultivated oat (Avena sativa, UPL). Data points were not collected in the central area of the investigation area 258 22390; City Commission Staff Report for the South Range Crossing Major Subdivision Preliminary Plat Page 33 of 54 due to the absence of mapped National Wetlands Inventory (NWI) features and visible lack of wetland vegetation: “These wetland features were not found in the field.” [Source: Morrison- Maierle December 2022 “South Range Crossing Wetland Delineation Report”]. The Montana Natural Heritage Program (MTNHP) maintains a statewide database for natural and human land cover. The Site is shown to consist of: Rocky Mountain Lower Montane, Foothill, and valley grassland (tiny bit of green on the southwest corner of the Site shown on the map below); and Cultivated Crops (yellow on map). There are no identified critical plant communities or trees onsite. This land has historically been used for agriculture. Figure 18: Grassland shown in red circle Pursuant to the subdivision’s Conditions, Covenants and Restrictions (CC&R) document, a weed management plan will be maintained by the Property Owners Association. 38.220.060.A.6 - Wildlife The Montana Fish and Wildlife and Parks (FWP) Service stated in a September 2022 letter to the Applicant that the proposed subdivision “surrounds a potentially jurisdictional perennial stream that parallels South 19th Avenue. Should the Gallatin Conservation District determine that it is, in fact, a jurisdictional waterbody, 310 permits would be required to alter the bed, banks, or riparian area immediately adjacent to the stream (see Code Provision No. 8). FWP subdivision guidelines recommend a minimum stream setback of 200 feet that includes 150 feet of vegetation buffer plus an additional 50 feet of building setback from the stream. The nearby stream conveys water to downstream habitats that support popular recreational fisheries in the Gallatin and East Gallatin rivers, so it is important to FWP to maintain, or even improve, the condition of the stream within 259 22390; City Commission Staff Report for the South Range Crossing Major Subdivision Preliminary Plat Page 34 of 54 the proposed development. The 310 Permit should address impacts to the ditch resulting from any disturbance of the bed, banks or riparian area abutting the Middle Creek Ditch. 38.220.060.A.7 - Agriculture This Site has been in agricultural operation in the past and now lies fallow. This subdivision, in and of itself, is not expected to have an adverse effect on surrounding agricultural operations. However, demand for housing and economic pressures from increased property values and taxes may pressure farmer-owners of nearby lands to also subdivide or sell their land to subdivide for housing. 38.220.060.A.8 - Agricultural Water User Facilities [From the December 9, 2022, South Range Crossing Agricultural Water User Facilities Memo by Morrison-Maierle.] The following agricultural water facilities are present on the subject property: “A segment of Middle Creek Ditch (presumed): Beginning at the southwest corner of the subject property, water flows northwards in what is presumed to be Middle Creek Ditch. A headgate was located at this southwest corner where the ditch diverged, flowing both west, underneath 19th Avenue, as well as north, along the western edge of the subject property. At the NW corner of the subject property the water culminates into a pipe and is transported subsurface beneath Graf Street where it is discharged into an open ditch and is further conveyed north. Abandoned irrigation ditches (2): Two segments of an abandoned man-made channel run along the south and east edges of the subject property (see attached map [Figure 9]). The relic feature on the southern edge of the property was narrow, fully vegetated, and tapered off as it approached the southwest corner of the subject property. At this southeast corner of the property, the channel took a sharp turn to follow the eastern edge of the property. Existing stormwater detention pond discharge piping was observed at this sharp turn. The gradient and location thereof indicated that stormwater was drained from the adjacent neighborhood into the channel. The channel on the eastern edge of the investigation area was wide, had gently sloping banks, and was fully vegetated (see Figure 14). The eastern channel culminated in a culvert underneath West Graf Street. According to the Water Resources Survey for Gallatin County, Montana, segments, and/or private diversion laterals of Middle Creek Ditch were located on the subject property at the time of publication in 1953. One segment followed the west edge of the property, between the property boundary and 19th Avenue, and the other followed the south and eastern boundary. It is presumed that the abandoned irrigation ditches on the south and eastern boundary of the subject property are relic branches of Middle Creek Ditch. Historical aerial imagery of the area suggests that Middle Creek Ditch had a branch that flowed through the south-central area of the subject property until at least 2014. Imagery past this point indicates that this channel was removed or routed around the 260 22390; City Commission Staff Report for the South Range Crossing Major Subdivision Preliminary Plat Page 35 of 54 subject property, reflecting the current-day features and conditions observed in the field. Morrison- Maierle Scientists and Engineers met with the Conservation District on December 7, 2022 and determined that the active channel on the western edge of the subject property is Middle Creek Ditch and is classified as a stream/ditch. The remnant private diversion laterals are not jurisdictional. There are no major changes to the ditch proposed with the South Range Crossing (SRX) development, and the development is not expected to change the volume or direction of water in (the presumed) Middle Creek Ditch segment on the western edge of the subject property. Several culverts are planned to be installed at road crossings, but the development does not propose changing the volume, flow, or quality of the water therein. The eastern remnant/abandoned irrigation channel is proposed to be maintained as a stormwater conveyance feature for the development; as the neighboring subdivision, Blackwood Groves, also uses it for this purpose. Stormwater detention ponds may also discharge to the eastern remnant channel at pre-development discharge rates. There are no current plans to utilize the remnant channel on the southern edge of the subject property for stormwater conveyance.” The proposed development would no longer require water from any existing surface water rights or shares from the Middle Creek Ditch Company (if present) since the formerly irrigated agricultural field has been eliminated (the field is not currently actively irrigated). If private water rights do exist, they may be used for irrigation of park spaces and/or transferred to the City of Bozeman as part of the entitlement process. The relic irrigation channel on the east edge of the subject property would be incorporated into the development plan as stormwater drainage, while the southern channel would be removed. Code Provision No. 9 requires an agricultural water user facility easement for the Middle Creek Ditch. All agricultural water uses facilities on and adjacent to this project will be protected and allowed to continue. The irrigation ditch will be piped for road and pedestrian crossing but will largely remain in its current location, within a 20-foot easement. The Middle Creek Ditch Company has been contacted to ensure that all agricultural water uses facilities will be protected and that access for maintenance is adequately provided. Code Provision No.10 requires written permission from the Middle Creek Ditch Company and applicable downstream water user(s) authorizing the modifications to the ditch. 38.220.060.A.9.—Water and Sanitary Sewer Service Water. The existing water infrastructure which surrounds the Site is owned and operated by the City of Bozeman. There is an existing 12” water main located within Graf Street with two 8” stubs to the property, an existing 8” water main within South 15th Avenue with two 8” stubs to the property and an existing 8” water main extending north from Blackwood Groves Subdivision within Canter Avenue. 261 22390; City Commission Staff Report for the South Range Crossing Major Subdivision Preliminary Plat Page 36 of 54 South Range Crossing will tie into four existing water mains to create a looped distribution system with the project development. Tie in locations are as follows: ▪ 8” water main within South 15th Avenue o Existing 8” stub to property at intersection of Brookdale Drive o Existing 8” stub to property at intersection of Alder Creek Drive ▪ 8” water main at Canter Avenue o Existing 8” stub south of the project location (Blackwood Groves Subdivision) ▪ 12” water main within Graf Street o Existing 8” stub to property at intersection of Canter Avenue Fire protection will be provided by hydrants placed within the development at recommended spacing intervals and supplied by the new 8” mains proposed. This project involves installing approximately 10,470 feet of a new 8-inch Class 51 DIP water pipe, new fire hydrants, new fire service lines, and new domestic water services. Services will range in size from 1-inch to 6-inches, depending on projected future building design. Proposed public parks will be irrigated by wells. The planned total park irrigation is estimated to be approximately 6.33 acre-feet per year, within the 10 acre-feet exemption. Private lots and street boulevard landscaping will be irrigated with City water. The South Range Crossing Phase 1 Subdivision water main extensions will be designed in accordance with Montana Department of Environmental Quality Circular 1, and the City of Bozeman Design Standards and Specifications Policy. Construction specifications will be Montana Public Works Standards and Specifications (MPWSS), and the City of Bozeman Modifications to MPWSS. The Site lies within the Meadow Creek Subdivision Signal, Water and Sewer payback district and Condition of Approval No. 1 will require a payback charge if it has not yet been paid. BMC38.410.130. Water Adequacy. The proposed subdivision will need to satisfy the City’s water adequacy code requirement prior to final plat approval per Code Provision No. 3. If sufficient water rights cannot be provided to offsets the development's annual demand, then a cash-in-lieu of water rights (CILWR) payment will be required. If the developer owns water rights or shares in an irrigation company (i.e., Middle Creek User Association), please contact Brian Heaston (bheaston@BOZEMAN.NET) in the Engineering Department for an evaluation of the rights. For the CILWR fee determination please contact Griffin Nielsen (gnielsen@BOZEMAN.NET ) in the Engineering Department. CILWR fees for all multi-family, rowhouse, and commercial lots will be deferred until future development. A note must be included on the final plat list providing notice 262 22390; City Commission Staff Report for the South Range Crossing Major Subdivision Preliminary Plat Page 37 of 54 of the future development requirement and list each lot that has been deferred. The CILWR fee will be required for all townhome lots. The pre-determination from the DNRC, demonstrating that the proposed use of groundwater wells to supply the irrigation demand to parks open space may be permitted under Montana’s exempt appropriation prior to the finalization of the CILWR fee determination. If allowed the water rights must be transferred to the correct owner (City of Bozeman for Park and the POA for the Open Space). After the irrigation systems are installed and put to use prior to filing the 602 forms with the DNRC the City must review the verify the information on the form and the correct ownership is listed, please see the Parks Department comments for additional details. The property deeds must correctly note the transfer of the water rights. Sanitary Sewer. A majority of sewer mains within the project will generally flow to the north and connect to an existing 10” sewer main within Graff Street at a single location where an existing 8-inch sewer main stub exists. This 10” sewer main conveys wastewater west into an 18” main located within South 19th Avenue. A single residential lot proposed in the southeast corner of the Site will flow into an existing 8” main along South 15th Avenue via an existing sewer main stub. This wastewater will be conveyed generally east and then north through a network of 8-inch and 10-inch sewer mains that traverse through the Alder Creek Subdivision, Allison Subdivision, Figgins Addition to Bozeman Subdivision, and ultimately discharge to an existing 10-inch sewer main located within South 3rd Avenue south of Kagy Boulevard where it is conveyed north still via a network of sewer mains. The Site lies within the Meadow Creek Subdivision Signal, Water and Sewer payback district and Condition of Approval No. 1 will require a payback charge if it has not yet been paid. 38.220.060.A 10. Stormwater Management Stormwater runoff from the Rights-of-Ways will be directed as street runoff to inlets and then conveyed to stormwater retention ponds swales for storage and treatment. Per Code Provision No. 12, all stormwater retention facilities outside of the public rights-of-way is the responsibility of the property owners’ association. 38.220.060.A 11. Streets, Roads & Alleys Description Streets within the South Range Crossing Phase 1 Subdivision will be designed in accordance with the City of Bozeman Design Standards and Specifications Policy. Construction specifications will be Montana Public Works Standards and Specifications (MPWSS), and the City of Bozeman Modifications to MPWSS. The Site lies within the Meadow Creek Subdivision Signal, Water and Sewer payback district and Condition of Approval No. 1 will require a payback charge if it has not 263 22390; City Commission Staff Report for the South Range Crossing Major Subdivision Preliminary Plat Page 38 of 54 yet been paid. Code Provision No. 5 requires the establishment of a Special Improvement Street Lighting District (SILD) for the subdivision prior to final plat approval. Code Provision No. 14 requires street names to be approved by the County’s GIS administrator and Bozeman Engineering Department prior to final plat submittal. Bicycle and Pedestrian Pathways Transportation pathways are envisioned throughout this neighborhood to provide adequate connectivity for the community. All the proposed streets will have the required sidewalks. Per Code Provision 2, South 19th Avenue must be widened to a principal arterial standard (including lighting) along the western edge of the subject property according to the City's Transportation Master Plan (TMP). A 10-foot shared use path must also be constructed along South 19th Avenue adjacent to the subject property according to the PROST Plan and TMP. Code Provision No. 7 requires sidewalks to be provided along all park and open space lots as part of the subdivision infrastructure. Code Provision No. 4, a through e requires the proper Improvements Agreement, financial surety and other requirements of the Concurrent Construction approval for the subdivision public improvements. Alleys will be built to City standards. There are several north/south and east/west pedestrian trail connections through the park. Access to Arterials South Range Crossing will access South 19th Avenue (Principal Arterial) in 2 locations: Brookdale Drive and Southbridge Drive. The locations are separated by more than 330’. Individual lots will not have direct access to South 19th Avenue and will use internal local streets for their vehicular access and will use pedestrian pathways from the individual lots, through the Open Space Lots 4 and 8, for pedestrian access to South 19th Avenue. There is no one-foot-wide “vehicular no access” easement along the South 19th Avenue frontage because of the presence of the Middle Creek Ditch along the western boundary of the Site, as well as portions of Open Space 5 Lot and Open Space 8 Lot which serve as a park frontage for all the residential lots along South 19th Avenue, thus preventing any vehicular access to this road. Modification of Existing Streets Other than widening South 19th Avenue abutting the Site and extending South 15th Avenue northward to W. Graf Street, no other existing off-site streets will be modified. 264 22390; City Commission Staff Report for the South Range Crossing Major Subdivision Preliminary Plat Page 39 of 54 Modification to the Access Spacing, BMC 38.400.090.H, and to the Centerline Radius, Bozeman Design Standards Table IV-2. Modification request for Access Spacing (BMC 38.400.090.H) ‘We are requesting an access modification to BMC item 38.400.090.H regarding the use of shared approaches to Canter Avenue and Providence Drive (previously Street A). The maximum number of dwelling units that exist within the Build-to-rent product is 16. These units function as patio homes per the Trip Generation Manual (11th edition) Land Use Code 210, which have a 5.35/unit average weekday rate and a 0.47/unit average evening peak hour rate. This gives an expected trip generation for the largest module of 86 weekday trips and 8 evening peak hour trips. The current configuration of the units provides the most efficient design without jeopardizing the public’s health, safety, and welfare. The accesses are located onto local streets, and the shared paths are not expected to have sufficient traffic as described above, which should not endanger the public. Therefore, we are requesting that the City of Bozeman approve a modification for all those shared access proposed which do not meet this spacing standard.” City Response: The South Range Crossing preliminary plat application proposes to create non- compliance with BMC 38.400.090 for the access spacing on a local street. The applicant has satisfied the access modification requirements in BMC 38.400.090.H and provided sufficient documentation and reasoning to support the non-compliance. Based on the information provided with this application, the Director of Transportation and Engineering and City staff support the access modification request. Modification request for Centerline Radius (Bozeman Design Standards Table IV-2) “We are requesting a modification from the centerline radius or a local road standard for Richland Drive (formerly Street B) as shown in Table IV-2 of the City of Bozeman Design Standards and Specifications Policy (dated March 2004). The curve at approximately Station 2+86 is intended to function as 90-degree corner and shall not function as a standard local road with a larger design speed for navigational purposes, therefore it shall not require a large centerline radius. This 90-degree configuration provides the most efficient use of land without endangering public health, safety, and welfare. A slower traffic movement will be preferable for this area as it is near two intersections with local roads and additional proposed alley accesses. A turning movement exhibit was provided for a City of Bozeman Fire Truck (SPH100 Aerial specifications) to show that the vehicle can safely navigate this corner (see below image).” 265 22390; City Commission Staff Report for the South Range Crossing Major Subdivision Preliminary Plat Page 40 of 54 “Furthermore, Richland Drive shall have stop control at the intersection with Canter Avenue and at the intersection with Brookdale Drive. This route is not expected to carry much traffic other than local traffic due to its configuration. Therefore, we are requesting that the City of Bozeman approve a modification for the centerline radius of Richland Drive at this corner.” Figure 19 – Centerline Radius Modification Site City Response: The South Range Crossing preliminary plat application proposes to create non- compliance with Bozeman Design Standards Table IV-2 for the minimum centerline on a local street. The applicant has provided sufficient documentation and reasoning to support the non- compliance. Based on the information provided with this application, the Director of Transportation and Engineering and City staff support the centerline radius deviation request. Dust No gravel alleys are proposed and as such no dust control provisions are provided. Pollution and Erosion Maintenance of the proposed public streets will be completed by the City of Bozeman. Stormwater from streets will be mitigated in accordance with City of Bozeman Standards. Stormwater retention basins will also be maintained by the Property Owners Association (POA) per Code Provision No. 12. 266 22390; City Commission Staff Report for the South Range Crossing Major Subdivision Preliminary Plat Page 41 of 54 Traffic Generation A Traffic Impact Study (TIS) has been conducted by Sanderson Stewart and is provided separately with the subdivision submittal. A trip distribution is an estimate of site-generated trip routing, which can be determined by several methods such as computerized travel demand models, calculation of travel time for various available routes and/or simple inspection of existing traffic patterns within the project area. For this study, distribution percentages were calculated based on existing volumes collected for this study and the assumption that Fowler Lane would be extended between West Garfield Street and Stucky Road in the Future (2037) scenario. Capacity The TIS evaluates the level of service of intersections before and after the proposed development and identifies on-site and nearby intersection’s future capacity. Sanderson Stewart performed capacity calculations for the Phase 1 (2025) and Future (2037) scenarios based on the AM and PM peak hour traffic volume projections presented in Figures 7 and 8. All new site access intersections were presumed to be stop-controlled, except for the access to the existing roundabout on Graf Street. Peak hour factors (PHFs) for the design year were assumed to be 0.92 for all intersections, per HCM guidelines and common industry practice for future scenarios. The assumed values were utilized to not overestimate future congestion in the study area. Figures 7 and 8 of the TIS document also show the Phase 1 (2025) and Future (2037) Level of Service (LOS) results at each intersection. Phase 1 (2025) capacity results are similar to Existing Conditions (2022). The Kagy Boulevard/South 11th Avenue intersection is projected to worsen to LOS D on the westbound approach during the PM peak hour, with lengthy 95th percentile queues on Kagy Boulevard during both the AM and PM peak hours. The South 19th Avenue/Kagy Boulevard intersection is projected to remain at LOS D on the east and west legs during the AM peak hour. The results of the Future (2037) intersection capacity calculations show that delay and 95th percentile queuing is projected to become extreme at the Kagy Boulevard/South 11th Avenue intersection, particularly on the east and west approaches. The Kagy Boulevard/South Willson Avenue intersection is projected to worsen to LOS D and E on multiple approaches with extremely lengthy queues on most approaches during both peak hours. Due to the shifting of thru-traffic on South 19th Avenue to account for the anticipated Fowler Lane connection, the South 19th Avenue/Kagy Boulevard intersection is projected to operate at LOS D only on the eastbound approach, and only slightly above the LOS C cutoff value per BMC 38.400.060.B.4. However, projected queuing is still extensive on most approaches. At the stop-controlled intersection of South 3rd Avenue/Graf Street, the westbound approach is projected to operate at LOS D during the AM peak hour, although the delay value is close to the LOS C cutoff. All other intersections and approaches, including the new site access intersections, are projected to operate at LOS C or better during both peak hours which is in compliance with the level of service “C” standard in BMC 38.400.060.B.4. Per BMC 38.400.010 and Code Provision 2.a, South 19th Avenue must be widened to a principal arterial standard (including lighting) along the western edge of the subject property according to 267 22390; City Commission Staff Report for the South Range Crossing Major Subdivision Preliminary Plat Page 42 of 54 the City's Transportation Master Plan (TMP). No. 2.c requires the extension of South 15th Avenue northward to West Graf Street before Block 2; Lot 3 can be developed. No. 2.b requires a 10-foot shared use path to be constructed along South 19th Avenue adjacent to the subject property according to the PROST Plan and TMP. No. 2.d prohibits vehicular parking along the alleyways providing vehicular access to individual lots within the subdivision; this is to assure safe access to the dwelling units by emergency service vehicles and trash removal vehicles. Traffic Calming Bulb outs are proposed at local intersections along Canter Avenue and at mid-block park crossings within the subdivision. Boulevard Landscaping and Lighting. BMC 38.550.E Street Frontage Landscaping Required. Per Code Provision 16, the final plat submittal must have a code-complying landscape plan showing all landscaping for boulevards and other public spaces and per 38.570.030, must provide streetlights meeting the standards of the City of Bozeman Design Standards and Specification Policy. Improvements and Securities All streets will be constructed with subdivision improvements in accordance with BMC 38.270. The Applicant has requested concurrent construction of subdivision and site improvements. Per Code Provision 4, a through e, if approved, an Improvements Agreement for all public improvements must be executed and a financial surety for development of all public improvements must be provided prior to Final Plat approval. 38.260.060.A.12. Non-municipal Utilities The following publicly and privately owned utilities have been notified and provided copies of the Preliminary Plat for the South Range Crossing Neighborhood: · Northwestern Energy · Lumen (communications) · Charter (communications) · Yellowstone Fiber (communications) Ten-foot-wide utility easements must be provided along lot frontages for non-municipal utilities. Utility sleeves will be provided where non-municipal utilities cross streets. 38.220.060.A. 13. Land Use. South Range Crossing will have 2 distinct residential lot types and 8 commercial lots. The two residential lot types would provide for-sale townhouse dwelling units and the other would provide 268 22390; City Commission Staff Report for the South Range Crossing Major Subdivision Preliminary Plat Page 43 of 54 small, detached single-household rental dwelling units grouped together on large lots (shown as the yellow lots in Figure 4). The Applicant calls these detached homes “Build for Rent” units. Table 1. Number of Lots Area (in Acres) Percent of Total Townhouse Lots 59 2.97 8% Multi Family [small, detached homes] Lots 12 16.9 44% Area in Commercial Lots 8 3.76 10% Area in ROWs NA 7.71 20% Park Lots 4 3.87 10% Open Space Lots 9 2.72 7% Stormwater Lots 5 0.47 1% TOTAL Lots 97 38.4 100% 38.220.060.A 14. Parks and Recreation Facilities Parkland for residential use is based on net residential area of development which, in this case, is 19.31-acres. The Parkland required for the residential portion of this mixed-use development is 4.6-acres and the parkland provided is 3.87-acres. The shortfall of 0.79-acres can be satisfied by dedicating funds to improve the on-site parkland which, in this case, would amount to $352,533 of Cash-in-lieu of Parkland. The Cash-In-Lieu required will be proposed as Improvements-in-Lieu to the parks totaling 3.11 acres or $352,533 worth of improvements. These spaces contain trails, playgrounds, manicured lawns, pavilions, and other park amenities. The improvements proposed will exceed the minimum requirements of the Bozeman UDC. The value of the recreational opportunities provided to the community will exceed the equivalent value of cash-in-lieu. All Park, Common Open Space, and street boulevards adjacent to the parks will be constructed with the subdivision improvements and financed by the developer. Code Provision 15, a through g, provides direction to the Applicant on how to finalize the Park Master Plan prior to final plat submittal. Overall, dedicated Parkland and other common Open Space lots will make up 6.99 acres of the Site (see Figure 7). All pendant and string lighting must meet BMC “dark sky” standards. 2 269 22390; City Commission Staff Report for the South Range Crossing Major Subdivision Preliminary Plat Page 44 of 54 Figure 20: Parks Phasing Plan Please refer to the Parks Master Plan in Appendix V for all details on the proposed Parks and Recreation Facilities. 1 2 3 270 22390; City Commission Staff Report for the South Range Crossing Major Subdivision Preliminary Plat Page 45 of 54 38.220.060.A 15. Neighborhood Center Plan According to the Applicant, the size and scale of the Property, along with the proposed zoning designations, allow for the creation of a diverse and dynamic focal point for all the residents and adjacent neighborhoods. It is anticipated that South Range Crossing will have 2 main focal points: The commercial center in the NW corner of the site and the larger 1.95-acre Park 4 lot in the south- central area of the Site. This Park 4 area dedicated in Phase 1 will aim to be the central focal point highlighting amenities centered around all ages. It is proposed that there will be multi-sport courts, ping pong tables, cornhole, custom seating features and pavilion shade structures. The commercial center while still under development aims to draw in a wide range of users. The anticipated site plans will feature plazas in between buildings generating a community gathering space. Please see the Parks Master Plan Appendix V [Figures 7 and 8 in this report] for more information about the phasing of park improvements and amenities.” The qualifying criteria for the park as a neighborhood center are described below and have been satisfied by this Park Master Plan: 38.410.020.A.1 - The proposed neighborhood center is within 600’ of the geographical center of the site. 38.410.020.A.2 – This 3.87-acre park is proposed to be developed in one phase and dedicated to the City which will maintain it. 38.410.020.A.3&4 - This neighborhood center has less than 100% frontage but more than 50%. 38.410.020.A.5&6 - This neighborhood center is also being used to meet the parkland requirements for the project. There is an additional land area, 2.72 acres, proposed as open space with enhanced natural features and gathering spaces. 271 22390; City Commission Staff Report for the South Range Crossing Major Subdivision Preliminary Plat Page 46 of 54 Figure 21: Trail Network Figure 22: Street Frontage Map 272 22390; City Commission Staff Report for the South Range Crossing Major Subdivision Preliminary Plat Page 47 of 54 38.220.060.A 16. Lighting Plan Per BMC 38.220.060 A. 16. A lighting plan is required where lights are proposed other than within the street right-of-way. There are no subdivision lights proposed outside of the street right-of-way. The proposed location of lights within the right-of-way is shown on the preliminary civil plans. For this subdivision, per BMC 38.400.070 - Street Lighting, and Code Provision 5, the required public streetlight(s) must be included in a Special Improvement Lighting District (SILD), in accordance with the City of Bozeman Lighting and Electrical Specifications, prior to final plat. Lighting for the development of individual lots within the subdivision will be reviewed by BMC code standards with any site plan application. 38.220.060.A 17. Miscellaneous. Public Lands There are no public lands adjacent to or within 200 feet of all sides of the subdivision. Additionally, the subdivision will not have any negative effect on access to any public lands. Hazards There are currently no hazards on Site. Wildlands-Urban-Interface (Fires) The proposed development is located a significant distance away from wildlands and adjacent to urban development and major thoroughfares. The Site will be served by the Bozeman Fire Department. It is not anticipated that any extraordinary provisions are required to reduce structure ignitability within the development. 38.220.060.A 18. Affordable Housing The proposed development is providing housing at market-rates. The Applicant states that it is their intent to study the affordability and to provide affordable housing “where reasonable”. 38.220.060.A 19. Proposed Subdivision Advancing the Adopted Growth Policy. Please see Appendix A below documenting how this project advances goals and policies set forth in the Community Plan. 273 22390; City Commission Staff Report for the South Range Crossing Major Subdivision Preliminary Plat Page 48 of 54 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY Future Land Use Designation: The area of this application lies within the anticipated growth area of the City. The property is designated as an Urban Neighborhood in the Future Land Use Map. 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.” 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. The correlation between the future land use map of the growth policy and the zoning districts is presented in below Table 4 of the Bozeman Community Plan 2020. As shown below, the REMU district is an implementing district of the Urban Neighborhood. 274 22390; City Commission Staff Report for the South Range Crossing Major Subdivision Preliminary Plat Page 49 of 54 Zoning Designation and Land Uses: The subject property is zoned R-5, Residential Mixed-Use High-Density District. The intent of the R-5 residential mixed-use high-density district is to provide for high-density residential development through a variety of compatible housing types and residentially supportive commercial uses in a geographically compact, walkable area to serve the varying needs of the community's residents. These purposes are accomplished by: 1. Providing for a mixture of housing types, including single and multi-household dwellings to serve the varying needs of the community's residents. 2. Allowing offices and small-scale retail and restaurants as secondary uses provided special standards are met. This proposed subdivision is well-suited to implement the Urban Neighborhood and R-5 designations by providing small and large lots that will support a variety of housing types including townhouses, rowhouses and the possibility of apartment buildings. The for-sale townhouse and for-rent rowhouse lots will support construction of “missing middle” housing which is contemplated throughout the Bozeman Community Plan 2020. The commercial node at the northwest corner could accommodate neighborhood-serving businesses to serve this neighborhood. As shown in the aerial photo below, the Site is vacant, a former farmland. The adjacent areas are also former farmlands or are developed as suburban residential neighborhoods. Figure 23 – Vicinity Map with Site in red Figure 24 below shows the Site in red nearly surrounded by property with development applications on former farmlands and established residential neighborhoods. Immediately south of the Site is the 119-acre Blackwood Groves mixed use subdivision which is also zoned REMU, and which is providing a mixture of housing types including cottages and apartment buildings. Northwest of the Site are rental units in apartment buildings. To the east are single-family detached 275 22390; City Commission Staff Report for the South Range Crossing Major Subdivision Preliminary Plat Page 50 of 54 homes. As one can see from the image below, this is a growing neighborhood with schools, small pieces of parks within each subdivision, and with a small amount of commercial lands nearby to support local residents. The South Range Crossing subdivision will provide a mix of housing, both rental and for-sale, some small park lands, numerous open space lots coupled with stormwater drainage facilities, and a commercial node at its northwest corner. Figure 24 – Vicinity Map with Site in red Community Plan Goals and Growth Policies Positively Addressed by this Subdivision “Goal N-1: Support well-planned, walkable neighborhoods. The growth policy encourages developments 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. 276 22390; City Commission Staff Report for the South Range Crossing Major Subdivision Preliminary Plat Page 51 of 54 • Schools and workplaces: Close enough that walking to and from home to these destinations is realistic. • Complete streets: Streets designed for bicyclists, pedestrians, and transit. The South Range Crossing subdivision provides a mix of housing, commercial uses, open space areas interspersed throughout the Site, and parkland within its center. Residents would have the opportunity to recreate, work, and shop in close proximity to where they live; this facilitates walkability. The subdivision continues the north-south street grid and creates new internal vehicular and pedestrian circulation networks as shown on Figure 11. This neighborhood will also tie into the neighborhoods to the east and south, further expanding the connectivity of this entire area. The 38.41-acre Site would be divided into 97 lots providing 285 dwelling units in townhomes (for- sale) and rowhouses (for-rent), a commercial node of 41,500 gsf for neighborhood-serving establishments, 4 City parks, 5 stormwater pond lots, and 9 open space lots interspersed throughout the Site. The concept “green” plan shown in Figure 7 above, indicate that the design would promote the walkability envisioned by the Community Plan. N-1.1 Promote housing diversity, including missing middle housing. Goal N-3: Promote a diverse supply of quality housing units. N-3.1 Establish standards for provisions of diversity of housing types in a given area. The small lot sizes in Phase 4 on the west side of the Site would accommodate small townhouse units which could be offered at a price-point affordable to middle-income households which may be deemed the “missing middle” which is contemplated throughout the Bozeman Community Plan 2020 and is defined by the Plan as: “Missing middle housing is housing constructed in buildings which are of a size and design compatible in scale and form with detached individual homes. Example housing types include duplex, triplex, live-work, cottage housing, group living, row houses, townhouses, horizontally layered apartments, flats, and other similar configurations.” The BMC now has the following definition for Missing Middle housing: “Missing middle housing. A residential building containing two, three, or four dwellings in any configuration, as well as townhomes and cottage housing.” N-1.9 Ensure multimodal connections between adjacent developments. N-1.10 Increase connectivity between parks and neighborhoods through continued trail and sidewalk development. Prioritize closing gaps within the network. The internal street grid and park locations would facilitate these connections to the Alder Creek neighborhood to the east and the Blackwood Groves neighborhood to the south. New 277 22390; City Commission Staff Report for the South Range Crossing Major Subdivision Preliminary Plat Page 52 of 54 development to the north and northwest would provide their own connections to the South Range Crossing street, trail and open space and park areas. Goal N-2: Pursue simultaneous emergence of commercial nodes and residential development through diverse mechanisms in appropriate locations. N-2.3 Investigate and encourage development of commerce concurrent with, or soon after, residential development. Actions, staff, and budgetary resources relating to neighborhood commercial development should be given a high priority. The subdivision proposes a 3.77-acre commercial node at its northwest corner which would accommodate neighborhood-serving businesses. With the anticipated additional residential development in the area, there should be enough walking and biking customers to support these businesses in the coming years. The commercial area lies at the intersection of the West Graf Street collector and the S. 19th Avenue principal arterial roadways which can bring additional customers to this node. The site has a Walk Score of 0, a Transit score of 0, and a Bike Score of 48. Average walk score for the City as a whole is 48 out of 100. 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 former farmland surrounded by other tracts of former farmland, suburban residential neighborhoods and some small pieces of subdivision-specific parks and two schools. With new development applications proposed in the vicinity, it is anticipated that the area could be more walkable, more bikeable and could provide sufficient ridership to support extending bus service within walking distance. There are no adopted development standards relating to the walk score. 278 22390; City Commission Staff Report for the South Range Crossing Major Subdivision Preliminary Plat Page 53 of 54 APPENDIX B – NOTICING AND PUBLIC COMMENT Notice was provided at least 20 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 is June 9, 2023 to August 1, 2023. The Applicant posted public notice on the subject property on June 9, 2023 and sent public notice to physically adjacent landowners via certified mail, and to all other landowners of record within 200-feet of the subject property via first class mail, on June 9, 2023. As of the date of this report, July 5, 2023, no public comment has been received on this subdivision. However, a companion Master Site Plan application was noticed along with the subdivision application and one person commented on the proposed development described in the Master Site Plan. Her comments are presented as follows [acknowledging the proposed dwelling units each have garages and driveways]: “Instead, they fill garages with recreational equipment such as mountain bikes, scooters, motorcycles, ATV’s, skis, and campers. When snow arrives, they are often too busy studying or skiing to shovel their driveway and park all of their vehicles on the street. Once these vehicles are parked on the street, they rarely are moved to allow snowplows to do their job. As the snow piles up on either side of the parked cars, large, icy berms develop, increasing the risk to people trying to reach the sidewalk from their car. Our elderly neighbors complain that friends can’t visit because they can’t risk slipping on the ice. Often during the middle of winter, if cars are parked on both sides of the street, only one narrow lane in the middle is available for through traffic. I am concerned that emergency vehicles will not be able to get through. We live in a wonderfully diverse neighborhood of renters and homeowners, but if South Range Crossing doesn’t effectively manage parking, conflict will arise, and potential disruption of emergency services may occur. Kind Regards,” APPENDIX C – OWNER INFORMATION AND REVIEWING STAFF Owner: Parker Lange, Providence Development Company, LLC; 529 E. Main Street, Bozeman, MT 59715 Applicant: Same Representative: Tyler Steinway, Intrinsik Architecture Report By: Susana Montana, Senior Planner 279 22390; City Commission Staff Report for the South Range Crossing Major Subdivision Preliminary Plat Page 54 of 54 FISCAL EFFECTS Fiscal impacts are undetermined at this time but will include increased property tax from new development along with increased costs to provide municipal services to those developments. No unusual fiscal impacts have been identified. No presently budgeted funds will be changed by this subdivision. ATTACHMENT LINKS The full application and file of record can be viewed digitally at: https://weblink.bozeman.net/WebLink/Browse.aspx?startid=270066&cr=1 The Applicant’s Project Narrative can be found in the Documents folder; it is called document 001 SRX Prelim Plat Narrative and the phasing is found on page 9. This project can be viewed on the Community Development Viewer interactive map directly with this link: South Range Crossing location map 280 Memorandum REPORT TO:City Commission FROM:Ben Abbey, Chief Building Official Anna Bentley, Director of Community Development SUBJECT:Ordinance 2143 Provisional Adoption, Amending Chapter 10 Buildings and Building Regulations, Article 2 Technical Codes, Section 20 Building Division Fees and Permits MEETING DATE:August 1, 2023 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Having reviewed and considered the draft ordinance, public comment, and all information presented, I hereby adopt the findings presented and move to provisionally adopt Ordinance 2143, amending provisions for building fees. 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:Chapter 10 Buildings and Building Regulations, Article 2 Technical Codes, Section 20 Building Division Fees and Permits of the Bozeman Municipal Code (BMC) describes Building Division charges and fees. The existing code lists a series of mathematical equations that were adopted in 2005. Existing code also describes how several fees are administered. In April 2021, the City Commission adopted Resolution 5287 (Laserfiche link) directing staff to cease use of the mathematical equations, and instead base building fees on the most recent International Code Council (ICC) Valuation and Fee Calculations. This methodology is an industry best practice and the associated cost tables are updated annually. The resolution further described the ability to update fees administratively. Timing and staff turnover prevented Community Development from implementing the Resolution in 2021; staff is doing so now. The first step in implementing Resolution 5287 is to strike the outdated equations from the BMC. The presence of these equations in the code precludes the ability to implement any other fee rationale. This Ordinance 2143 would remove that language and simplify associated descriptive text. A second and future step in implementing Resolution 5287, anticipated September 2023, will bring a fee resolution to the Commission for 281 consideration. That fee resolution will include building fees and the most current ICC cost table, per Resolution 5287. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission FISCAL EFFECTS:None. These proposed text changes would not alter fees. Attachments: Resolution 5287 Adopting Building Inspection Fees April 2021.pdf Ord 2143 Revise 10.02.020 Building Fees_07212023.pdf Report compiled on: July 24, 2023 282 Version April 2020 RESOLUTION 5287 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADOPTING FEES FOR BUIDLING INSPECTION BASED ON INTERNATIONAL CODE COUNCIL VALUATION AND FEE CALCUALTION AND THE METHODS FOR UPDATING ANNUALLY BASED ON THE INTERNATIONAL CODE COUNCIL UPDATES. WHEREAS, the City of Bozeman has maintained a Certified Local Government Program for the enforcement of Building Codes as Authorized by section 50-60-301 in Montana Code Annotated and Associated Administrative Rules of Montana: and WHEREAS, a fee schedule for each building code enforced under the program is required, and permits are to be charged separately from plan review; and WHEREAS, the International Code Council Valuation and Fee Calculations are an industry best practice. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: Section 1 Building Fees will be based on the most recent International Code Council Valuation and Fee Calculations annually. Section 2 Fees will begin on July 1st following each update and may be done administratively. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 13th day of April, 2021. DocuSign Envelope ID: 36CEE134-6811-4168-A79F-60394B655C85 283 Version April 2020 ___________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney DocuSign Envelope ID: 36CEE134-6811-4168-A79F-60394B655C85 284 Building Valuation Data – FEBRUARY 2021 The International Code Council is pleased to provide the following Building Valuation Data (BVD) for its members. The BVD will be updated at six-month intervals, with the next update in August 2021. ICC strongly recommends that all jurisdictions and other interested parties actively evaluate and assess the impact of this BVD table before utilizing it in their current code enforcement related activities. The BVD table provides the “average” construction costs per square foot, which can be used in determining permit fees for a jurisdiction. Permit fee schedules are addressed in Section 109.2 of the 2021 International Building Code (IBC) whereas Section 109.3 addresses building permit valuations. The permit fees can be established by using the BVD table and a Permit Fee Multiplier, which is based on the total construction value within the jurisdiction for the past year. The Square Foot Construction Cost table presents factors that reflect relative value of one construction classification/occupancy group to another so that more expensive construction is assessed greater permit fees than less expensive construction. ICC has developed this data to aid jurisdictions in determining permit fees. It is important to note that while this BVD table does determine an estimated value of a building (i.e., Gross Area x Square Foot Construction Cost), this data is only intended to assist jurisdictions in determining their permit fees. This data table is not intended to be used as an estimating guide because the data only reflects average costs and is not representative of specific construction. This degree of precision is sufficient for the intended purpose, which is to help establish permit fees so as to fund code compliance activities. This BVD table provides jurisdictions with a simplified way to determine the estimated value of a building that does not rely on the permit applicant to determine the cost of construction. Therefore, the bidding process for a particular job and other associated factors do not affect the value of a building for determining the permit fee. Whether a specific project is bid at a cost above or below the computed value of construction does not affect the permit fee because the cost of related code enforcement activities is not directly affected by the bid process and results. Building Valuation The following building valuation data represents average valuations for most buildings. In conjunction with IBC Section 109.3, this data is offered as an aid for the building official to determine if the permit valuation is underestimated. Again it should be noted that, when using this data, these are “average” costs based on typical construction methods for each occupancy group and type of construction. The average costs include foundation work, structural and nonstructural building components, electrical, plumbing, mechanical and interior finish material. The data is a national average and does not take into account any regional cost differences. As such, the use of Regional Cost Modifiers is subject to the authority having jurisdiction. Permit Fee Multiplier Determine the Permit Fee Multiplier: 1. Based on historical records, determine the total annual construction value which has occurred within the jurisdiction for the past year. 2. Determine the percentage (%) of the building department budget expected to be provided by building permit revenue. 3. Example The building department operates on a $300,000 budget, and it expects to cover 75 percent of that from building permit fees. The total annual construction value which occurred within the jurisdiction in the previous year is $30,000,000. Permit Fee The permit fee is determined using the building gross area, the Square Foot Construction Cost and the Permit Fee Multiplier. Permit Fee = Gross Area x Square Foot Construction Cost X Permit Fee Multiplier Example Type of Construction: IIB Area: 1st story = 8,000 sq. ft. 2nd story = 8,000 sq. ft. Height: 2 stories Permit Fee Multiplier = 0.0075 Use Group: B 1. Gross area: Business = 2 stories x 8,000 sq. ft. = 16,000 sq. ft. 2. Square Foot Construction Cost: B/IIB = $188.18/sq. ft. 3. Permit Fee: Business = 16,000 sq. ft. x $188.18/sq. ft x 0.0075 = $22,582 Bldg. Dept. Budget x (%) Total Annual Construction Value Permit Fee Multiplier = $300,000 x 75% $30,000,000 Permit Fee Multiplier = = 0.0075 DocuSign Envelope ID: 36CEE134-6811-4168-A79F-60394B655C85 285 Important Points x The BVD is not intended to apply to alterations or repairs to existing buildings. Because the scope of alterations or repairs to an existing building varies so greatly, the Square Foot Construction Costs table does not reflect accurate values for that purpose. However, the Square Foot Construction Costs table can be used to determine the cost of an addition that is basically a stand-alone building which happens to be attached to an existing building. In the case of such additions, the only alterations to the existing building would involve the attachment of the addition to the existing building and the openings between the addition and the existing building. x For purposes of establishing the Permit Fee Multiplier, the estimated total annual construction value for a given time period (1 year) is the sum of each building’s value (Gross Area x Square Foot Construction Cost) for that time period (e.g., 1 year). x The Square Foot Construction Cost does not include the price of the land on which the building is built. The Square Foot Construction Cost takes into account everything from foundation work to the roof structure and coverings but does not include the price of the land. The cost of the land does not affect the cost of related code enforcement activities and is not included in the Square Foot Construction Cost. Square Foot Construction Costs a, b, c Group (2018 International Building Code) IA IB IIA IIB IIIA IIIB IV VA VB A-1 Assembly, theaters, with stage 263.06 254.15 247.55 237.53 223.05 216.60 229.90 207.42 199.94 A-1 Assembly, theaters, without stage 241.02 232.11 225.51 215.49 201.01 194.56 207.86 185.38 177.89 A-2 Assembly, nightclubs 205.93 199.80 194.89 186.91 176.19 171.34 180.27 159.46 154.02 A-2 Assembly, restaurants, bars, banquet halls 204.93 198.80 192.89 185.91 174.19 170.34 179.27 157.46 153.02 A-3 Assembly, churches 243.83 234.92 228.32 218.30 204.21 198.79 210.67 188.58 181.10 A-3 Assembly, general, community halls, libraries, museums 204.02 195.11 187.51 178.49 163.01 157.56 170.86 147.38 140.89 A-4 Assembly, arenas 240.02 231.11 223.51 214.49 199.01 193.56 206.86 183.38 176.89 B Business 212.46 204.72 197.90 188.18 171.81 165.32 180.77 151.15 144.35 E Educational 222.69 214.99 208.81 199.81 186.17 176.74 192.93 162.78 157.80 F-1 Factory and industrial, moderate hazard 125.58 119.68 112.86 108.68 97.37 92.83 104.02 80.23 75.34 F-2 Factory and industrial, low hazard 124.58 118.68 112.86 107.68 97.37 91.83 103.02 80.23 74.34 H-1 High Hazard, explosives 117.37 111.47 105.65 100.47 90.40 84.87 95.81 73.27 N.P. H234 High Hazard 117.37 111.47 105.65 100.47 90.40 84.87 95.81 73.27 67.37 H-5 HPM 212.46 204.72 197.90 188.18 171.81 165.32 180.77 151.15 144.35 I-1 Institutional, supervised environment 211.58 204.34 198.27 190.28 175.02 170.20 190.53 156.95 152.25 I-2 Institutional, hospitals 355.95 348.21 341.39 331.67 314.48 N.P. 324.26 293.82 N.P. I-2 Institutional, nursing homes 247.27 239.53 232.71 222.99 207.36 N.P. 215.58 186.70 N.P. I-3 Institutional, restrained 241.59 233.85 227.03 217.31 202.46 194.97 209.90 181.80 173.00 I-4 Institutional, day care facilities 211.58 204.34 198.27 190.28 175.02 170.20 190.53 156.95 152.25 M Mercantile 153.55 147.41 141.50 134.53 123.48 119.63 127.88 106.75 102.31 R-1 Residential, hotels 213.59 206.35 200.28 192.29 176.78 171.95 192.54 158.70 154.00 R-2 Residential, multiple family 179.04 171.80 165.73 157.74 143.25 138.43 157.99 125.18 120.47 R-3 Residential, one- and two-family d 166.68 162.17 157.99 154.10 149.61 144.19 151.48 138.79 130.58 R-4 Residential, care/assisted living facilities 211.58 204.34 198.27 190.28 175.02 170.20 190.53 156.95 152.25 S-1 Storage, moderate hazard 116.37 110.47 103.65 99.47 88.40 83.87 94.81 71.27 66.37 S-2 Storage, low hazard 115.37 109.47 103.65 98.47 88.40 82.87 93.81 71.27 65.37 U Utility, miscellaneous 89.90 84.75 79.27 75.71 67.97 63.50 72.24 53.83 51.28 a. Private Garages use Utility, miscellaneous b. For shell only buildings deduct 20 percent c. N.P. = not permitted d. Unfinished basements (Group R-3) = $23.20 per sq. ft. DocuSign Envelope ID: 36CEE134-6811-4168-A79F-60394B655C85 286 Version February 2023 Ord 2143 Page 1 of 6 ORDINANCE 2143 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA TO GENERALLY REVISE BOZEMAN MUNICIPAL CODE SECTION 10.02.020 “BUILDING DIVISION FEES; PERMITS” TO UPDATE AND SIMPLIFY REGULATIONS AUTHORIZING PAYMENT OF BUILDING DIVISION FEES AND PROVIDING THAT FEE SCHEDULES WILL BE ADOPTED BY RESOLUTION OF THE CITY COMMISSION. WHEREAS, Administrative Rules of Montana 24.301.138(6) and 24.301.203 allow a city to establish building permit fees to fund building code enforcement activities; and WHEREAS, this Ordinance setting the process for establishing building division fees, along with periodically adopted fee schedule resolutions, are intended to replace certain previous processes to determine building division fees and fee schedules; and WHEREAS, the fee schedules periodically adopted by resolution shall comply with the most current version of ICC Construction Cost Table, as adopted by the Bozeman City Commission through Resolution 5287; and NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 That Ordinance 1631 and Commission Resolution 3800 be repealed in their entirety. Section 2 That the Bozeman Municipal Code be amended so that Section 10.02.020 shall read as follows: Sec. 10.02.020. – Building division fees; permits 287 Ordinance No. 2143, Generally revising BMC 10.02.020 Regarding Building Division Fees Page 2 of 6 A. Building division fees. The building division must charge fees for permits, plan checks, and other work. Charges may be flat or scaled fees. Building Division fees must be adopted by resolution of the city commission. 1. All fees will be assessed based on the most current fee schedule, as adopted by resolution of the city commission. 2. When new construction types or administrative procedures require new fee types, the city manager has the authority to approve and implement those fees by administrative order. In such instances, the city commission must adopt the fee schedule by resolution within 90 days of the administrative approval. A. Building division fees. The building division shall charge fees for permits, plan checks and other work based upon the following criteria and formulas. The specific fee tables referenced below, and including those for the various uniform, national or international codes, shall be approved by resolution of the city commission. 1. Fees for additional and new building permits. Fees for building additions and commercial/residential building construction projects will be assessed based upon the current number of employees and their labor costs, internal and external administrative costs, the building square footage, and the labor factors derived from approved fee tables. The permit formula is: Administrative and Internal Charges = Administrative Charges/Employee # Personnel Administrative Charges/Employee = Administrative Charges/Employee/Hour 1800 (network hours/year) Admin. Charges/Employee/Hour + Inspector's Hourly Pay Rate = Total Hourly Rate (Total Hourly Rate)(Table A)(Building Sq. Footage) = Building Permit Fee 2. Building permit factors: Table A is based on Amount of Inspection Time/Sq. Ft., Construction Type and Fire Rating. 3. Plan review formula is: Administrative and Internal Charges = Administrative Charges/Employee # Personnel Administrative Charges/Employee = Administrative Charges/Employee/Hour 1800 (network hours/year) 288 Ordinance No. 2143, Generally revising BMC 10.02.020 Regarding Building Division Fees Page 3 of 6 Admin. Charges/Employee/Hour + Plans Examiner Hourly Pay Rate = Total Hourly Rate (Total Hourly Rate)(Table B)(Building Sq. Footage) = Plan Review Fee 4. Plan review factors: Table B is based on Amount of Plan Review Time/Sq. Ft., Construction Type and Fire Rating. 5. Fees for electrical, plumbing, mechanical, fire suppression systems, and building remodel permits will be determined based on the contractor valuation of the project, subject to the building division's approval of the valuation. The permit valuation will be applied to the permit amounts detailed in Table C. 36. Related fees. The payment of the fee for construction, alteration, removal or demolition for work done in connection to or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from payment of other fees that are prescribed in the International Building Code (IBC) and the International Residential Code (IRC). IBC section 108.5 and IRC section R108.4. a. Reinspection fees. Reinspection fees may be assessed against a previously issued permit when additional reinspections are made in excess of what is commonly performed. Such fees are based on the extra time expended, multiplied by the building inspectors total hourly rate. This additional fee is to be paid to the building division prior to any further inspections being made by the building inspector to the site. The reinspection fee is to be based on a minimum time of two hours. b. Move-in prior to issuance of a certificate of occupancy. When an occupant moves into a structure prior to a certificate of occupancy being issued by the building inspector, a reinspection fee shall be assessed against the previously issued permit. Such fees are based on the extra time expended, multiplied by the building inspector's total hourly rate. This additional fee is to be paid to the building division prior to any further inspections being made by the building inspector to the site. The reinspection fee is to be based on a minimum time of two hours. B. Plan review; permit expiration; work without valid permit. 1. Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official or designee is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. The extension shall be requested in writing and justifiable cause demonstrated. 2. Permit expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after issuance, or, if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The building official or designee is authorized to grant, in writing, one or more extensions of time, for periods not to exceed 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. 3. Plan review and permit renewal. 289 Ordinance No. 2143, Generally revising BMC 10.02.020 Regarding Building Division Fees Page 4 of 6 a. In order to renew action on a plan review after expiration, the applicant must re- submit plans and pay a new plan review fee. b. In order to renew action on an expired permit, a new permit shall first be obtained and the fee therefor shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work, and provided further that such suspension or abandonment has not exceeded one year. c. In order to renew action on a permit after expiration has exceeded one year, the permittee shall pay a new full permit fee. 4. Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to an additional fee as established by the building division that shall be in addition to the required fees. The fee shall not be more than twice the permit fee amount. C. Refunds. 1. Plan review fee refunds will not be given if the review has already been performed on the plans and specifications. 80 percent of the plan review fee will be refunded if the review of the plans and specifications has not commenced. 2. Permit fees will not be refunded if the work has commenced and inspections have been made. 80 percent of the permit fee will be refunded if no inspections have been performed at the site and the work is to be abandoned or postponed for more than 180 days. Section 3 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 4 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. 290 Ordinance No. 2143, Generally revising BMC 10.02.020 Regarding Building Division Fees Page 5 of 6 Section 5 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. Section 6 Codification. This Ordinance shall be codified as indicated in Section 2. Section 7 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 1st day of August, 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 thereof held on the ___ of ____________________, 20__. The effective date of this ordinance is ______________, 20__. 291 Ordinance No. 2143, Generally revising BMC 10.02.020 Regarding Building Division Fees Page 6 of 6 _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 292 Memorandum REPORT TO:City Commission FROM:Jon Henderson, Strategic Services Director SUBJECT:Gallatin Valley Sensitive Lands Protection Plan Model Results and Preliminary Tools Work Session MEETING DATE:August 1, 2023 AGENDA ITEM TYPE:Plan/Report/Study RECOMMENDATION:Gallatin Valley Sensitive Lands Protection Plan Model Results and Preliminary Tools Work Session STRATEGIC PLAN:6.6 Habitat: Work with partner organizations to identify at-risk, environmentally sensitive parcels contribute to water quality, wildlife corridors, and wildlife habitat. BACKGROUND:On April 16, 2018 the City Commission approved Resolution 4852 adopting the City of Bozeman Strategic Plan. Section 6.6 of the Strategic Plan calls for working with partner organizations to identify at-risk, environmentally sensitive areas that contribute to water quality, wildlife corridors, and wildlife habitat. On December 21, 2021 the City Commission approved Resolution 5368 adopting the Gallatin Valley Sensitive Lands Protection Plan as a City Commission priority for 2022-2023. On July 12, 2022 the City Commission approved a Professional Services Agreement with Logan Simpson for the development of the Gallatin Valley Sensitive Lands Protection Plan. The Gallatin Valley Sensitive Lands Protection Plan is a comprehensive study to evaluate habitat and corridors between urban and natural areas throughout the valley before critical opportunities are lost to development. Furthermore, the value of existing agricultural lands is considered as it relates to the overall economic, cultural, and environmental vitality of the region. Linkages and important wildlife habitat needed for all phases of species’ lifecycle have been inventoried and evaluated in an effort to identify critical corridors, including recommendations to protect sensitive lands in these areas. A Working Group of government agencies and non-profit organizations was formed in 2022 to help guide the development of the plan, based on a wide range of local experience, meeting several times over the past year and a half. Committed partners include: 293 Animal Welfare Institute City of Belgrade City of Bozeman Criaghead Institute Gallatin County Gallatin Valley Land Trust Gallatin Watershed Council Gallatin Wildlife Association Montana Fish, Wildlife & Parks Montana Freshwater Partners Sacajawea Audubon Society Sierra Club U.S. Forest Service Yellowstone to Yukon Conservation Initiative Extensive public engagement has been conducted to inform the scope of interconnected issues experienced within areas of sensitive lands related to a number of stressors, including but not limited to, development, transportation infrastructure, local economy, recreation, human wildlife conflicts, and climate change. Public engagement efforts include a statistically valid survey and two open houses which have helped shape inputs of the plan to reflect values of the local community. Numerous authoritative datasets have been assembled into geospatial models that help visualize where sensitive lands may exist within the following themes. Please see the attached materials for a complete list of data layers used to develop model results. Wildlife & Biodiversity: These lands contain important wildlife habitat and plant communities that contribute to an intact and diverse Greater Yellowstone ecosystem. Keystone species, such as elk and western slope cutthroat, require healthy and cohesive habitats on these lands. Wildlife relies on the Gallatin Valley for food, reproduction, and critical winter range. Connectivity: These lands facilitate ecological interactions and the movement of wildlife to food, shelter reproduction, clean water, and critical winter ranges. This land also provides for the emotional and physical well-being of residents, such as through scenic landscapes and quality of life amenities. Nodes are often large publicly managed lands with multi-use mandates. Corridors entered around water are often limited in development potential. Agricultural Heritage: These working lands provide food and livestock production to maintain the community's historic economic base. Agricultural lands also provide open space that helps maintain the unique sense of place and provides space for wildlife movement and winter wildlife habitat. This land is typically privately owned and 294 public access is limited. Water Quality and Quantity: Water systems integrate with all other themes as natural water features (wetlands, riparian areas, lakes, streams, and rivers) which provide critical habitat and connectivity for aquatic species and wildlife populations, clean drinking water, and resiliency to natural disasters and climate change. Human made irrigation infrastructure also provides value to the land in the form of water delivery for working farms and ranches, and groundwater recharge that supports the health of the entire ecosystem. Preliminary model results are available within an interactive GIS map. This GIS web mapping application is open and available to the public as a means of providing access to a wide range of publicly available data in a user friendly format to help inform decisions. This City of Bozeman GIS Division will maintain this application over time, including enhancements and updates to ensure the best available data is available to the community. Draft recommendations (i.e., "tools") are also in development, to include a mix of regulations and incentives. Please see the attached materials for a list of all tools currently under consideration. These tools will be further reviewed by the Working Group, in addition to input received from the community, with a final draft available in October 2023. Final products including GIS layers and specific policy and program recommendations will serve a number of audiences including public officials, citizens, developers, and other agencies in a way that informs decisions about land use and management within the Gallatin Valley. Jon Henderson, City of Bozeman Strategic Services Director, will provide a brief presentation on model results and preliminary recommendations/tools to the Commission, with the following guiding questions: Do you agree with how Modeling Themes are prioritized? Are there any Protection Tools that should be added or eliminated? Moving forward, the Gallatin Valley Sensitive Lands Plan will be reviewed by the Sustainability Board, the Urban Parks and Forestry Board, and the Community Development Board, in addition to a public event in October to review the draft plan. The City Commission will consider formal acceptance by Resolution, tentatively scheduled for December 19, 2023. Implementation of tools listed in the plan will begin in 2024 with considerations of how specific strategies might inform future updates to City policy and codes, in addition to working with regional partners to support implementation strategies beyond the city limits. UNRESOLVED ISSUES:None. 295 ALTERNATIVES:As directed by the City Commission. FISCAL EFFECTS:None. Attachments: Data Modeling Methods by Theme.pdf Preliminary Tool List.pdf Report compiled on: July 20, 2023 296 Preliminary Data Layers by Theme Layer File Type Source Year Definition Attribute Selection Model Methods for Theme Source Link County Data Collected Bird Biodiversity Raster Montana Natural Heritage Program 2022 Locations of low to high bird biodiversity (more biodiversity the more sensitive the land as a critical ecosystem). Inputs to this biodiversity model raster were normalized to a 90 x 90 meter grid, which is the finest scale that this data can be considered for. Optimal suitability: 75 - 100% of value (3) Moderate suitability: 25 - 75% of value (2) Low Suitability: 0 - 25% of value (1) 1. Extracts layer areas only within the study area. 2. Assigns a score from 1 (lowest) to 3 (highest) to each attribute as described in the attribute selection column. 3. Converts layer from raster to polygon. 4. Renames the attribute field with rankings from GRIDCODE to descriptive scoring field name. https://mtnhp.org/models / Gallatin, Madison, and Broadwater Counties Reptile Biodiversity Raster Montana Natural Heritage Program 2022 Locations of low to high reptile biodiversity (more biodiversity the more sensitive the land as a critical ecosystem). Inputs to this biodiversity model raster were normalized to a 90 x 90 meter grid, which is the finest scale that this data can be considered for. Optimal suitability: 75 - 100% of value (3) Moderate suitability: 25 - 75% of value (2) Low Suitability: 0 - 25% of value (1) 1. Extracts layer areas only within the study area. 2. Assigns a score from 1 (lowest) to 3 (highest) to each attribute as described in the attribute selection column. 3. Converts layer from raster to polygon. 4. Renames the attribute field with rankings from GRIDCODE to descriptive scoring field name. https://mtnhp.org/models / Gallatin, Madison, and Broadwater Counties Amphibian Biodiversity Raster Montana Natural Heritage Program 2022 Locations of low to high amphibian biodiversity (more biodiversity the more sensitive the land as a critical ecosystem). Inputs to this biodiversity model raster were normalized to a 90 x 90 meter grid, which is the finest scale that this data can be considered for. Optimal suitability: 75 - 100% of value (3) Moderate suitability: 25 - 75% of value (2) Low Suitability: 0 - 25% of value (1) 1. Extracts layer areas only within the study area. 2. Assigns a score from 1 (lowest) to 3 (highest) to each attribute as described in the attribute selection column. 3. Converts layer from raster to polygon. 4. Renames the attribute field with rankings from GRIDCODE to descriptive scoring field name. https://mtnhp.org/models / Gallatin, Madison, and Broadwater Counties Plant Biodiversity Raster Montana Natural Heritage Program 2022 Locations of low to high plant biodiversity (more biodiversity the more sensitive the land as a critical ecosystem). Inputs to this biodiversity model raster were normalized to a 90 x 90 meter grid, which is the finest scale that this data can be considered for. Optimal suitability: 75 - 100% of value (3) Moderate suitability: 25 - 75% of value (2) Low Suitability: 0 - 25% of value (1) 1. Extracts layer areas only within the study area. 2. Assigns a score from 1 (lowest) to 3 (highest) to each attribute as described in the attribute selection column. 3. Converts layer from raster to polygon. 4. Renames the attribute field with rankings from GRIDCODE to descriptive scoring field name. https://mtnhp.org/models / Gallatin, Madison, and Broadwater Counties Native Fish Biodiversity Raster Montana Natural Heritage Program 2022 Locations of low to high native fish biodiversity (more biodiversity the more sensitive the land as a critical ecosystem). Inputs to this biodiversity model raster were normalized to a 90 x 90 meter grid, which is the finest scale that this data can be considered for. Optimal suitability: 75 - 100% of value (3) Moderate suitability: 25 - 75% of value (2) Low Suitability: 0 - 25% of value (1) 1. Extracts layer areas only within the study area. 2. Assigns a score from 1 (lowest) to 3 (highest) to each attribute as described in the attribute selection column. 3. Converts layer from raster to polygon. 4. Renames the attribute field with rankings from GRIDCODE to descriptive scoring field name. https://mtnhp.org/models / Gallatin, Madison, and Broadwater Counties Wildlife & Biodiversity These lands contain important wildlife habitat and plant communities that contribute to an intact and diverse Greater Yellowstone ecosystem. Wildlife relies on the Gallatin Valley for food, reproduction, and critical winter range. All plants and wildlife, and especially keystone species such as elk and western slope cutthroat, require healthy and cohesive habitats on these lands. 297 Preliminary Data Layers by Theme Layer File Type Source Year Definition Attribute Selection Model Methods for Theme Source Link County Data Collected Mammal Biodiversity Raster Montana Natural Heritage Program 2022 Locations of low to high mammal biodiversity (more biodiversity the more sensitive the land as a critical ecosystem). Inputs to this biodiversity model raster were normalized to a 90 x 90 meter grid, which is the finest scale that this data can be considered for. Optimal suitability: 75 - 100% of value (3) Moderate suitability: 25 - 75% of value (2) Low Suitability: 0 - 25% of value (1) 1. Extracts layer areas only within the study area. 2. Assigns a score from 1 (lowest) to 3 (highest) to each attribute as described in the attribute selection column. 3. Converts layer from raster to polygon. 4. Renames the attribute field with rankings from GRIDCODE to descriptive scoring field name. https://mtnhp.org/models / Gallatin, Madison, and Broadwater Counties Wildlife and Biodiversity Results layer Geodatabase feature class 2023 This layer displays the results of the wildlife and biodiversity sensitivity model, which consists of an overall sensitivity score calculated by summing all scores assigned to each input layer, where higher scores indicate areas with either a larger diversity of layers or higher individual scoring for data present in the area. NA 1. Creates a union of all processed input layers. 2. Adds a field for overall sensitivity score. 3. Calculates the sensitivity score by adding all the scores calculated for each input layer. 4. Deletes excess fields not related to the assigned input and sensitivity scores. https://gallatin-valley-plan- bozeman.hub.arcgis.com/ Gallatin, Madison, and Broadwater Counties Montana Wetland Framework Shapefile Montana Natural Heritage Program 2021 Wetlands are a vital ecosystem for habitat corridors and connectivity for wildlife and water quality/quantity. Select all - buffer by 150 feet (300 foot corridor) (3) 1. Extracts layer areas only within the study area. 2. Buffers riparian areas by 150 feet on each side, creating a 300-foot corridor. 3. Adds an empty field for the wetland score. 4. Calculates a score in the wetland score field from 1 (lowest) to 3 (highest) for each attribute as described in the attribute selection column. https://mslservices.mt.go v/Geographic_Information /Data/DataList/datalist_D etails.aspx?did=%7Bf57e9 2f5-a3fa-45b2-9de8- 0ba46bbb2d46%7D Gallatin, Madison, and Broadwater Counties Montana Riparian Framework Shapefile Montana Natural Heritage Program 2021 Riparian Areas are a vital ecosystem for habitat corridors and connectivity for wildlife and water quality/quantity. Select all - buffer by 150 feet (300 foot corridor) (3) 1. Extracts layer areas only within the study area. 2. Buffers riparian areas by 150 feet on each side, creating a 300-foot corridor. 3. Adds an empty field for the riparian score. 4. Calculates a score in the riparian score field from 1 (lowest) to 3 (highest) for each attribute as described in the attribute selection column. https://mslservices.mt.go v/Geographic_Information /Data/DataList/datalist_D etails.aspx?did=%7Bf57e9 2f5-a3fa-45b2-9de8- 0ba46bbb2d46%7D Gallatin, Madison, and Broadwater Counties Wildlife & Biodiversity These lands facilitate ecological interactions and wildlife movement to food, shelter, reproduction, clean water, and critical winter ranges. This land also provides for the emotional and physical well-being of residents, such as through scenic landscapes and recreation. Nodes are often large publicly managed lands with multiple use mandates. While data representing wildlife corridors is not publicly available at the scale needed for this analysis, this layer represents areas with more intact habitat, riparian and wetland areas, and big game winter distributions, which may indicate nodes that could benefit actual wildlife corridors if protected from degradation and connected through future protections. Connectivity 298 Preliminary Data Layers by Theme Layer File Type Source Year Definition Attribute Selection Model Methods for Theme Source Link County Data Collected Conservation Easements Shapefile Montana Natural Heritage Program 2022 Areas that are already protected by conservation easements so won't need a priority ranking, but could influence protection of surrounding sensitive lands. WIthin the connectivity model, these areas act as desirable nodes to connect. Select all (1)1. Extracts each layer only within the study area (3 intersections). 2. Combines conservation easements, managed areas, and protected areas database layers into one layer without overlap through two unions. 3. Adds an empty field for the protected lands score. 4. Calculates a score in the protected lands score field from 1 (lowest) to 3 (highest) for each attribute as described in the attribute selection column. https://mslservices.mt.go v/geographic_information /data/datalist/datalist_De tails.aspx?did=%7B9d69b2 62-b766-11e2-bc7e- f23c91aec05e%7D Gallatin, Madison, and Broadwater Counties Managed Areas Shapefile Montana State Library 2021 Contains information on special land designations that impact management decisions. Examples include Indian Reservations, National Wildlife Refuges, State Parks, and Wilderness Areas. WIthin the connectivity model, these areas act as desirable nodes to connect. Select all (1)https://mslservices.mt.go v/geographic_information /data/datalist/datalist_De tails.aspx?did=%7B80C231 Gallatin, Madison, and Broadwater Counties Protected Areas Database Database U.S. Geological Survey 2022 Unifies regions of wildlife corridors, watersheds, and trail systems. WIthin the connectivity model, these areas act as desirable nodes to connect. Select all (1)https://www.usgs.gov/pro grams/gap-analysis- project/science/pad-us- data-overview Gallatin, Madison, and Broadwater Counties Randomized Shortest Paths for Grizzly Bear Dispersal (GYE) Raster U.S. Geological Survey 2017 Randomized shortest path raster estimating potential dispersal paths for male-mediated gene flow for one of two populations of grizzly bears, the Greater Yellowstone Ecosystem (GYE) population. Raster cell size for this input is 300 x 300 meters. No paths: 0 - 25% of value Low Density: 25 - 50% of value Moderate Density: 50% - 75% of value High Density: 75 - 100% of value 1. Extracts layer areas only within the study area. 2. Assigns a score from 1 (lowest) to 3 (highest) to each attribute as described in the attribute selection column. 4. Converts layer from raster to polygon. 5. Renames the attribute field with rankings from GRIDCODE to descriptive scoring field name. https://www.sciencebase. gov/catalog/item/59149e e6e4b0e541a03e9a58 Gallatin, Madison, and Broadwater Counties Randomized Shortest Paths for Grizzly Bear Dispersal (NCDE) Raster U.S. Geological Survey 2017 Randomized shortest path raster estimating potential dispersal paths for male-mediated gene flow for one of two populations of grizzly bears, the North Continental Divide Ecosystem (NCDE) population. Raster cell size for this input is 300 x 300 meters. No paths: 0 - 25% of value Low Density: 25 - 50% of value Moderate Density: 50% - 75% of value High Density: 75 - 100% of value 1. Extracts layer areas only within the study area. 2. Assigns a score from 1 (lowest) to 3 (highest) to each attribute as described in the attribute selection column. 4. Converts layer from raster to polygon. 5. Renames the attribute field with rankings from GRIDCODE to descriptive scoring field name. https://www.sciencebase. gov/catalog/item/59149e e6e4b0e541a03e9a58 Gallatin, Madison, and Broadwater Counties Elk Distribution in Montana Shapefile Montana Fish, Wildlife, and Parks Department 2022 General and winter distribution of Elk. Distribution is not mapped in National Parks and Indian Reservations. Large game represent important species in Gallatin Valley, especially during migration and winter. These species may also correlate with other important species. Select Winter Distribution (2)1. Selects winter distribution. 2. Extracts layer areas only within the study area. 3. Adds an empty field for the elk score. 4. Calculates a score in the elk score field from 1 (lowest) to 3 (highest) for each attribute as described in the attribute selection column. https://arcg.is/0bufmr Gallatin, Madison, and Broadwater Counties Connectivity 299 Preliminary Data Layers by Theme Layer File Type Source Year Definition Attribute Selection Model Methods for Theme Source Link County Data Collected Mountain Goat Distribution in Montana Shapefile Montana Fish, Wildlife, and Parks Department 2023 General and winter distribution of Mountain Goat. Distribution is not mapped in National Parks and Indian Reservations. Large game represent important species in Gallatin Valley, especially during migration and winter. These species may also correlate with other important species. Select Winter Distribution (2)1. Selects winter distribution. 2. Extracts layer areas only within the study area. 3. Adds an empty field for the mountain goat score. 4. Calculates a score in the mountain goat score field from 1 (lowest) to 3 (highest) for each attribute as described in the attribute selection column. https://arcg.is/0Tjujq Gallatin, Madison, and Broadwater Counties Mule Deer Distribution in Montana Shapefile Montana Fish, Wildlife, and Parks Department 2023 General and winter distribution of Mule Deer. Distribution is not mapped in National Parks and Indian Reservations. Large game represent important species in Gallatin Valley, especially during migration and winter. These species may also correlate with other important species. Select Winter Distribution (2)1. Selects winter distribution. 2. Extracts layer areas only within the study area. 3. Adds an empty field for the mule deer score. 4. Calculates a score in the mule deer score field from 1 (lowest) to 3 (highest) for each attribute as described in the attribute selection column. https://arcg.is/1bG5Du0 Gallatin, Madison, and Broadwater Counties Moose Distribution in Montana Shapefile Montana Fish, Wildlife, and Parks Department 2019 General and winter distribution of Moose. Distribution is not mapped in National Parks and Indian Reservations. Large game represent important species in Gallatin Valley, especially during migration and winter. These species may also correlate with other important species. Select Winter Distribution (2)1. Selects winter distribution. 2. Extracts layer areas only within the study area. 3. Adds an empty field for the moose score. 4. Calculates a score in the moose score field from 1 (lowest) to 3 (highest) for each attribute as described in the attribute selection column. https://arcg.is/SyGXy Gallatin, Madison, and Broadwater Counties Pronghorn Antelope Distribution in Montana Shapefile Montana Fish, Wildlife, and Parks Department 2019 General distribution of Pronghorn Antelope. Distribution is not mapped in National Parks and Indian Reservations. Large game represent important species in Gallatin Valley. These species may also correlate with other important species. Select General Distribution (1)1. Extracts layer areas only within the study area. 2. Adds an empty field for the pronghorn score. 3. Calculates a score in the pronghorn score field from 1 (lowest) to 3 (highest) for each attribute as described in the attribute selection column. https://arcg.is/1Cyi95 Gallatin, Madison, and Broadwater Counties White-tailed Deer Distribution in Montana Shapefile Montana Fish, Wildlife, and Parks Department 2020 General distribution of White-tailed Deer. Distribution is not mapped in National Parks and Indian Reservations. Large game represent important species in Gallatin Valley. These species may also correlate with other important species. Select General Distribution (1)1. Extracts layer areas only within the study area. 2. Adds an empty field for the white- tailed deer score. 3. Calculates a score in the white-tailed deer score field from 1 (lowest) to 3 (highest) for each attribute as described in the attribute selection column. https://arcg.is/L1fPr0 Gallatin, Madison, and Broadwater Counties Connectivity Results layer Geodatabase feature class 2023 This layer displays the results of the connectivity sensitivity model, which consists of an overall sensitivity score calculated by summing all scores assigned to each input layer, where higher scores indicate areas with either a larger diversity of layers or higher individual scoring for data present in the area. NA 1. Creates a union of all processed input layers. 2. Adds a field for overall sensitivity score. 3. Calculates the sensitivity score by adding all the scores calculated for each input layer. 4. Deletes excess fields not related to the assigned input and sensitivity scores. https://gallatin-valley-plan- bozeman.hub.arcgis.com/ Gallatin, Madison, and Broadwater Counties Connectivity 300 Preliminary Data Layers by Theme Layer File Type Source Year Definition Attribute Selection Model Methods for Theme Source Link County Data Collected Prime Soils/AG Lands Shapefile U.S. Geological Survey 2022 This layer identifies soils that are important for farmland productivity.Select by FRMLNDCL: All areas are prime farmland (3) Farmland of local importance (2) Farmland of statewide importance (2) Prime farmland if irrigated (1) Not prime farmland (0) 1. For each county, extracts layer areas only within the study area. 2. Adds an empty field for the prime soils score. 3. Calculates a score in the prime soils score field from 1 (lowest) to 3 (highest) for each attribute as described in the attribute selection column. 4. Creates a union of the prime soils layers for Gallatin, Madison, and Broadwater Counties into one layer. https://websoilsurvey.nrcs .usda.gov/app/WebSoilSur vey.aspx GVLT suggested two things: Prime soils tend to be the most productive and we place them slightly higher than the others but can't escape the context. Three things that also Gallatin, Madison, and Broadwater Counties Non-Irrigated and Irrigated Acres (Revenue Final Land Unit (FLU) Classification) File Geodatabase Feature Class Work 2022 The Department of Revenue Final Land Unit Classification (FLU) is a classification of private agricultural land into one of six uses, fallow, hay, grazing, irrigated, and commercial and non-commercial forest. This layer contains forested land and agricultural land that was not classified as grazing. For the purposes of agriculture assessment, unclassed lands are considered grazing. In the sensitive lands model, this layer indicates lands that are important to agriculture, excluding grazing. Select fallow, hay, specialty crop (2) Irrigated (3) 1. Extracts layer areas only within the study area. 2. Calculates acres for each polygon. 3. Selects polygons classed as fallow, hay, specialty crop, or continuously cropped. 3. Adds an empty field for the agriculture lands score. 4. Calculates a score in the agriculture lands field from 1 (lowest) to 3 (highest) for each attribute as described in the attribute selection column. https://mslservices.mt.go v/geographic_information /data/datalist/datalist_De tails.aspx?did=%7b3f9bb5 71-c148-4891-b929- c70b6b1a2fd5%7d Gallatin, Madison, and Broadwater Counties Waterways (Ditches) Shapefile Gallatin County for Gallatin County; NHD for remaining study area 2022 Gallatin County data indicating the location of ditches, which are important connectors for farmland water. Select by Type: Ditch or Piped Ditch (3) Buffered 100 feet on each side, creating a 200-foot corridor 1. Selects ditches and piped ditches. 2. Extracts layer areas only within the study area. 3. Buffers ditches by 100 feet on each side, creating a 200-foot corridor. 3. Adds an empty field for the waterways ditches score. 4. Calculates a score in the waterways ditches field from 1 (lowest) to 3 (highest) for each attribute as described in the attribute selection column. https://gallatincomt.virtua ltownhall.net/geographic- information- systems/pages/data- download Gallatin County National Hydrography Dataset (NHD) (Ditches) File Geodatabase Feature Class U.S. Geological Survey 2019 NHD data indicating the location of ditches and piped ditches, which are important connectors for farmland water. Select by FCODE: 33600 - Canal/Ditch (3) and 33601 - Canal/Ditch: Aquifer (3) 1. Selects canals/ditches (FCodes 33600 and 33601). 2. Extracts layer areas only within the study area. 3. Buffers ditches by 100 feet on each side, creating a 200-foot corridor. 3. Adds an empty field for the NHD ditches score. 4. Calculates a score in the NHD ditches score field from 1 (lowest) to 3 (highest) for each attribute as described in the attribute selection column. https://apps.nationalmap. gov/downloader/#/ Madison and Broadwater Counties These working lands provide food and livestock production to maintain the community’s historic economic base. Working farmlands also provide scenic views, community separation, and openness that help maintain the unique sense of place. Agriculture secondarily provides wildlife habitat and movement, especially to wintering big game. This land is typically privately owned and public access is limited. Agricultural Heritage 301 Preliminary Data Layers by Theme Layer File Type Source Year Definition Attribute Selection Model Methods for Theme Source Link County Data Collected Visual Analysis of Rural Landscape Raster Created from 10 meter digital elevation model (DEM) from the U.S. Department of Agriculture Natural Resources Conservation Services Access ed March, 2023 Input prioritizing the visual identity of the rural community as analysis from major roadways. Visible areas (1) Non-visible areas (0) Prior to running the model, the geodesic viewshed tool was run using as inputs 1) a mosaic of 10 meter DEMs and 2) viewpoints generated every 0.24 miles along the interstate, Norris Road, and Springhill Road, South 19th Avenue, and U.S. 191 (labeled in the data as Gallatin Road, Huffine Lane, and West and East Main Street). The analysis was run with a 6ft observer elevation for a bare earth, 2- mile viewshed. The output raster of this process was then used as an input to the model. 1. Extracts layer areas only within the study area. 2. Converts each cell value of a raster to an integer, which is necessary for the raster to be compatible with the raster to polygon tool. 3. Converts the raster to a polygon. 4. Adds an empty field for the viewshed score. 5. Calculates a score in the viewshed score field from 1 (lowest) to 3 (highest) for each attribute as described in the attribute selection column. DEM source: https://datagateway.nrcs.usd a.gov/GDGOrder.aspx Gallatin, Madison, and Broadwater Counties Agricultural Heritage Results layer Geodatabase feature class 2023 This layer displays the results of the agricultural heritage sensitivity model, which consists of an overall sensitivity score calculated by summing all scores assigned to each input layer, where higher scores indicate areas with either a larger diversity of layers or higher individual scoring for data present in the area. NA 1. Creates a union of all processed input layers. 2. Adds a field for overall sensitivity score. 3. Calculates the sensitivity score by adding all the scores calculated for each input layer. 4. Deletes excess fields not related to the assigned input and sensitivity scores. https://gallatin-valley-plan- bozeman.hub.arcgis.com/ Gallatin, Madison, and Broadwater Counties Agricultural Heritage 302 Preliminary Data Layers by Theme Layer File Type Source Year Definition Attribute Selection Model Methods for Theme Source Link County Data Collected National Flood Hazard Layer Shapefile Federal Emergency Management Agency 2023 Floodplains act as key wildlife corridors and as crucial ecosystems that buffer/protect waterways A, AE - high risk (3) D - undefined (0) X - moderate to low risk (0) Select A and AE 1. Selects flood zones A and AE. 2. Extracts layer areas only within the study area. 3. Adds an empty field for the floodplain score. 4. Calculates a score in the floodplain score field from 1 (lowest) to 3 (highest) for each attribute as described in the attribute selection column. https://www.fema.gov/flo od-maps/national-flood- hazard-layer Gallatin, Madison, and Broadwater Counties Waterways (Streams and Rivers) Shapefile Gallatin County 2022 Waterways act as key wildlife corridors, biodiversity hot spots, and are essential for biological system function. The Gallatin County waterways data is the most accurate surface water dataset available for the county and is updated annually. Select by stream, excluding ditches. (3) Buffer of Waterways layer: 150 feet total (3) 300 feet total (2) 500 feet total (1) 1. Selects streams. 2. Extracts layer areas only within the study area. 3. Buffers waterways by three distances: 1) 75 feet on each side, creating a 150-foot corridor, 2). 150 feet on each side, creating a 300-foot corridor, and 3) 250 feet on each side, creating a 500-foot corridor. 3. Adds an empty field for the waterways stream score. 4. Calculates a score in the waterways stream score field from 1 (lowest) to 3 (highest) for each attribute as described in the attribute selection column. https://gallatincomt.virtua ltownhall.net/geographic- information- systems/pages/data- download Gallatin County National Hydrography Dataset (NHD) (Streams and Rivers) File Geodatabase Feature Class U.S. Geological Survey 2019 Waterways act as key wildlife corridors, biodiversity hot spots, and are essential for biological system function. Select by stream, excluding ditches. (3) Buffer of Waterways layer: 150 feet total (3) 300 feet total (2) 500 feet total (1) 1. Selects streams and rivers (FCodes 46000, 46003, 46006, and 46007). 2. Extracts layer areas only within the study area. 3. Buffers waterways by three distances: 1) 75 feet on each side, creating a 150-foot corridor, 2). 150 feet on each side, creating a 300-foot corridor, and 3) 250 feet on each side, creating a 500-foot corridor. 3. Adds an empty field for the NHD stream score. 4. Calculates a score in the NHD stream score field from 1 (lowest) to 3 (highest) for each attribute as described in the attribute selection column. https://apps.nationalmap. gov/downloader/#/ Madison and Broadwater Counties Water systems underlies all other themes because natural water features (wetlands, riparian areas, lakes, streams, and rivers) provide critical habitat and connectivity for aquatic species and wildlife populations, clean drinking water, and resiliency to natural disasters and climate change. Human made irrigation infrastructure also provides value to the land in the form of water delivery for working farms and ranches, and groundwater recharge that supports the health of the entire ecosystem. Water Quality and Quantity 303 Preliminary Data Layers by Theme Layer File Type Source Year Definition Attribute Selection Model Methods for Theme Source Link County Data Collected Montana Riparian Framework Shapefile Montana Natural Heritage Program 2021 Riparian Areas are a vital ecosystem for habitat corridors and connectivity for wildlife and water quality/quantity. Select all (3)1. Extracts layer areas only within the study area. 2. Adds an empty field for the riparian score. 3. Calculates a score in the riparian score field from 1 (lowest) to 3 (highest) for each attribute as described in the attribute selection column. https://mslservices.mt.go v/Geographic_Information /Data/DataList/datalist_D etails.aspx?did=%7Bf57e9 2f5-a3fa-45b2-9de8- 0ba46bbb2d46%7D Gallatin, Madison, and Broadwater Counties Montana Wetland Framework Shapefile Montana Natural Heritage Program 2021 Wetlands are a vital ecosystem for habitat corridors and connectivity for wildlife and water quality/quantity. Select all (3)1. Extracts layer areas only within the study area. 2. Adds an empty field for the wetland score. 3. Calculates a score in the wetland score field from 1 (lowest) to 3 (highest) for each attribute as described in the attribute selection column. https://mslservices.mt.gov/G eographic_Information/Data/ DataList/datalist_Details.aspx ?did=%7Bf57e92f5-a3fa-45b2- 9de8-0ba46bbb2d46%7D Montana DEQ Wetland Layer will be updated (End of Spring) Includes information on the specific ecological functions each wetland should support. Gallatin, Madison, and Broadwater Counties Channel Migration Zones (CMZ) Shapefile Montana State Library 2017 Interference with natural channel migration processes can result in rapid erosion and adverse impacts to aquatic and riparian biological systems. Select by avulsion hazard zone (AHZ) and erosion hazard area (EHA) (3) 1. Selects CMZ by AHZ and EHA. 2. Extracts layer areas only within the study area. 3. Adds an empty field for the CMZ score. 4. Calculates a score in the CMZ score field from 1 (lowest) to 3 (highest) for each attribute as described in the attribute selection column. https://msl.mt.gov/geoinf o/data/montana_channel _migration_zones/data_m aps_and_reports Gallatin, Madison, and Broadwater Counties Recommended areas for water recharge suitability investigation File Geodatabase Feature Class Bren School of Environmental Science & Management at the University of California, Santa Barbara. 2016 Shows areas that satisfy the recharge criterion of: surficial geology, slope, soil type, land use, land ownership, depth of the groundwater. This recharge suitability analysis is intended to guide the Water Exchange’s initial selection of land parcels. However, further on-site hydrogeological investigation will be required to confirm that the hydrogeological conditions will allow sufficient volumes of water to be infiltrated into the aquifer. Select all (3)1. Adds an empty field for the recharge score. 2. Calculates a score in the recharge score field from 1 (lowest) to 3 (highest) for each attribute as described in the attribute selection column. https://montanagroundwate r.weebly.com/uploads/5/2/1 /6/52163899/gvwe_manage ment_plan.pdf https://montanagroundwate r.weebly.com/final- report.html Gallatin County Water Quality and Quantity 304 Preliminary Data Layers by Theme Layer File Type Source Year Definition Attribute Selection Model Methods for Theme Source Link County Data Collected Climate Resilient Watersheds The Nature Conservancy/ DTM Consulting 2015 As climate change progresses, the watersheds that provide the Gallatin Valley with water will be increasingly critical to protect. This layer highlights which watersheds contain areas with high elevation and low insolation and are more likely to contain resilient snow pack. Select all; Symbolized by LowAcres (Acres of Low Insolation) 1 - 1000 (Low Shade): 1 1000 - 3000 (Medium Shade): 2 3000 and above (High Shade): 3 1. Extracts layer areas only within the study area. 2. Creates a union between the Gallatin County stream layer and the Madison and Broadwater stream layer into one stream layer that covers the entire study area. 3. Finds the streams that intersect each watershed. 1. Adds an empty field for the watershed score. 2. Calculates a score in the watershed score field from 1 (lowest) to 3 (highest) for each attribute as described in the attribute selection column. This score is assigned to streams based on the level of insolation of the watershed that they intersect with. Provided by The Nature Conservancy through email correspondence https://drive.google.com/file /d/1EV0SuP83VFMAq- bBI8AFAxAjXMUCUgNP/view https://ui.adsabs.harvard.ed u/abs/2018AGUFM.H31M21 26L/abstract Gallatin, Madison, and Broadwater Counties Buffer of Water Layers File Geodatabase Feature Class Intermediate Output 2023 This layer contains a three-ringed buffer around all layers in the water theme except for waterways and NHD to create the widest corridor of all water features, excluding those that are buffered individually. Buffer of water layers: 150 feet total (3) 300 feet total (2) 500 feet total (1) 1. Creates a union with all input layers in this theme except for waterways and NHD into one layer. 2. Dissolves excess boundaries within unionid layer. 3. Buffers unioned layer by three distances: 1) 75 feet on each side, creating a 150-foot corridor, 2). 150 feet on each side, creating a 300- foot corridor, and 3) 250 feet on each side, creating a 500-foot corridor. 4. Adds an empty field for the buffer score. 5. Calculates a score in the buffer score field from 1 (lowest) to 3 (highest) for each attribute as described in the attribute selection column. N/A Gallatin, Madison, and Broadwater Counties Water Results layer Geodatabase feature class 2023 This layer displays the results of the water quality and quantity sensitivity model, which consists of an overall sensitivity score calculated by summing all scores assigned to each input layer, where higher scores indicate areas with either a larger diversity of layers or higher individual scoring for data present in the area. NA 1. Creates a union of all processed input layers. 2. Adds a field for overall sensitivity score. 3. Calculates the sensitivity score by adding all the scores calculated for each input layer. 4. Deletes excess fields not related to the assigned input and sensitivity scores. https://gallatin-valley-plan- bozeman.hub.arcgis.com/ Gallatin, Madison, and Broadwater Counties Slope Over 25%Shapefile Montana Natural Heritage Program 2020 Steep slopes would present increased develpoment challenges and are less likely to be developed so immediate actions to conserve these areas could be a lesser priority. X% slope and greater 1. Extracts layer areas only within the study area. DEM source: https://datagateway.nrcs.usd a.gov/GDGOrder.aspx Gallatin, Madison, and Broadwater Counties Development Constraints Areas, regardless of sensitive land status, that are likely to be undevelopable and could de facto protected and/or are already protected from future development. An overlay layer shows where future conservation and protection efforts may be less of a priority. 305 Preliminary Data Layers by Theme Layer File Type Source Year Definition Attribute Selection Model Methods for Theme Source Link County Data Collected Floodplain Shapefile Federal Emergency Management Agency 2023 Development is often difficult in floodplains. Floodways and 100-year floodplain are subject to floodplain regulations which do not prohibit all development but offer some ways to minimize impact. A, AE - high risk (3) D - undefined (0) X - moderate to low risk (0) Select A and AE 1. Extracts layer areas only within the study area. https://www.fema.gov/flo od-maps/national-flood- hazard-layer Gallatin, Madison, and Broadwater Counties Conservation Easements Shapefile Montana Natural Heritage Program 2022 These areas that are already protected by conservation easements so they won't need a priority ranking, but could influence protection of surrounding sensitive lands. Select all 1. Extracts layer areas only within the study area. https://mslservices.mt.go v/geographic_information /data/datalist/datalist_De tails.aspx?did=%7B9d69b2 Gallatin, Madison, and Broadwater Counties Protected Areas Database Database U.S. Geological Survey 2022 Unifies regions of wildlife corridors, watersheds, and trail systems and are already protected to varying degrees. Select all 1. Extracts layer areas only within the study area. https://www.usgs.gov/pro grams/gap-analysis- project/science/pad-us- Gallatin, Madison, and Broadwater Counties Managed Areas Shapefile Montana State Library 2021 Contains information on special land designations that impact management decisions. Examples include Indian Reservations, National Wildlife Refuges, State Parks, and Wilderness Areas. Select all 1. Extracts layer areas only within the study area. Are all these designations unlikely to be https://mslservices.mt.go v/geographic_information /data/datalist/datalist_De Gallatin, Madison, and Broadwater Counties Development Constraints Overlay layer Geodatabase feature class 2023 This layer displays the development constraints overlay, which consists of all develpment constraints layers combined into one layer without overlap. NA 1. Creates a union of all processed input layers. 2. Dissolves excess boundaries within unioned layer. https://gallatin-valley-plan- bozeman.hub.arcgis.com/ Gallatin, Madison, and Broadwater Counties Minor and Major Subdivisions Feature dataclass (polygon) Gallatin County 2022 Considering major and minor subdivisions can help with locating where development is planned and if its occurring on or near sensitive lands including subdivisions and roads. Select all No processing was performed on this overlay input. https://gallatincomt.virtua ltownhall.net/geographic- information- systems/pages/data- download Gallatin County Wildfire Prone Areas Feature dataclass (polygon) Montana Department of Natural Resources and Conservation 2020 Montana Wildlife Risk Assessment HUC 12 Watershed Summary contains data on wildfire prone areas, included in this project as an overlay to highlight sensitive lands that may be prone to wildfires. 5 Categories; Low 0-40th Moderate 40-70th High 70-90th Very High 90-95th Extreme - >95th Water and Non-Burnable Symbolized by Total_mean_eNVC_Percentile 1. Extracts layer areas only within the study area. 3. Calculates acres for each polygon in the layer. https://mwra- mtdnrc.hub.arcgis.com/da tasets/MTDNRC::mwra- hydrologic-unit-code-12- digit-huc-6-watershed- summary/explore?locatio n=46.655206%2C- 109.893177%2C7.48 Gallatin, Madison, and Broadwater Counties Human Disturbance Index Raster Montana Natural Heritage Program 2016 The Montana Human Disturbance Index (HDI) represents six disturbance categories: Development, Transportation, Agriculture, Resource Extraction/Energy Development, Introduced Vegetation, and Forestry Practices Select all 1. Extracts layer areas only within the study area. 2. Converts each cell value of a raster to an integer, which is necessary for the raster to be compatible with the raster to polygon tool. 3. Converts the raster to a polygon. https://mslservices.mt.go v/Geographic_Information /Data/DataList/datalist_D etails?did=%7B639e7c86- 8224-11e4-b116- 123b93f75cba%7D Gallatin, Madison, and Broadwater Counties Development Pressures Development Constraints Areas that are most impacted by current development and likely to attract to future developmentOverlay layers show where sensitive land protection priorities should be focused. 306 Climate Resilient Watersheds Feature dataclass (polygon) The Nature Conservancy/ DTM Consulting 2015 As climate change progresses, the watersheds that provide the Gallatin Valley with water will be increasingly critical to protect. This layer highlights which watersheds contain areas with high elevations and low insolation and are more likely to contain resilient snow pack. Select all; Symbolized by LowAcres (Acres of Low Insolation) 1 - 1000 (Low Shade) 1000 - 3000 (Medium Shade) 3000 and above (High Shade) 1. Extracts layer areas only within the study area. Provided by The Nature Conservancy through email correspondence https://drive.google.com/file /d/1EV0SuP83VFMAq- bBI8AFAxAjXMUCUgNP/view https://ui.adsabs.harvard.ed u/abs/2018AGUFM.H31M21 26L/abstract Gallatin, Madison, and Broadwater Counties Municipal Boundaries Shapefile Gallatin County 2023 Boundaries for municipalities within Gallatin County, Montana N/A N/A https://gallatincomt.virtua ltownhall.net/geographic- information- systems/pages/data- download Gallatin, Madison, and Broadwater Counties Watershed Boundary Feature dataclass (polygon) Montana State Library, City of Bozeman 2022 A complete digital hydrologic unit boundary layer of the Regions (2- digit HUCs), Subregions (4-digit), Basins (6-digit), Subbasins (8-digit), Watersheds (10-digit), and Subwatersheds (12-digit) for Montana. N/A N/A https://mslservices.mt.gov /Geographic_Information/ Data/DataList/datalist_Det ails.aspx?did={0077A7D3- F6C3-4D08-9837- Gallatin, Madison, and Broadwater Counties Montana Railroads Feature dataclass (polygon) Montana State Library 2017 The Montana Transportation Framework includes railroads data integrated from multiple sources for a statewide dataset. N/A N/A https://mslservices.mt.gov /Geographic_Information/ Data/DataList/datalist_Det ails.aspx?did={26E71BA8- 914E-458B-B2EC- Gallatin, Madison, and Broadwater Counties Roads Shapefile Gallatin County 2023 Contains major and local roads within Gallatin County.N/A This layer was used as an input in the Agricultural Heritage model's visual analysis. https://gallatincomt.virtua ltownhall.net/geographic- information- systems/pages/data- download Gallatin, Madison, and Broadwater Counties Triangle Plan Boundary Shapefile Gallatin County 2020 The planning area for the 2020 Triangle Community Plan created in response to increase population growth in Gallatin County. N/A N/A Recieved through Gallatin County City of Bozeman Growth Boundary Shapefile City of Bozeman 2019 The long term expected growth area for Bozeman, Montana.N/A N/A https://public- bozeman.opendata.arcgis. com/datasets/bozeman::g rowth-policy-proposed- City of Bozeman Contours Shapefile Montana State Library 2008 Contour lines tagged with their represented elevations and lines representing streams and quadrangle boundaries. N/A This layer was used to calculate slope layer as an input for the Development https://mslservices.mt.gov Gallatin, Madison, and Broadwater Base Layers All of these layers were used in maps found in the report for this plan, except for the roads and contours layers which were used to create model inputs. 307 1 Preliminary Tools Tool Theme Description/Example Wildlife & Biodiversity Connectivity Agricultural Heritage Water Quality & Quantity Conservation Easements Voluntary agreements between the landowner and a land trust or unit of government to maintain conservation values, while providing tax deductions and/or to the landowner and keeping land in private ownership. Conservation-Oriented/ Cluster Development A design process where the design of the development is driven through ecological-based planning to conserve the land with the highest resource values and minimize vegetation loss, habitat fragmentation, and increase connectivity. Growth Policy Future Land Use Plan Element Future land use maps illustrate the desired mix, character, and location of future land uses within a community. Future land use maps may define the growth boundaries for municipalities within a County using water and sewer serviceability analyses and existing land uses. County-wide Zoning Expanding existing County zoning to all land within the County. Publicly-owned land would likely have a zoning designation which only applies to public lands. Privately owned land would be zoned based on current and/or future land use based on the future land use map. Approximately 70% of private land in Gallatin County lies outside of a zoning district or neighborhood plan boundary currently. Overlay Zoning Overlay zoning can accomplish several sensitive areas protections, ranging from agricultural protections to floodplain overlays to wildlife corridor overlays. Overlays allow flexibility to provide stricter standards across multiple traditional zoning districts at once and avoid the need to modify multiple zone districts. Waterway, Riparian Area, and Floodplain Buffers Development setbacks and non-disturbance areas within and adjacent to streams, rivers, ditches, riparian areas, wetlands, and floodplains. Land Acquisition Strategic, direct purchase of land for conservation purposes. 308 2 Tool Theme Description/Example Wildlife & Biodiversity Connectivity Agricultural Heritage Water Quality & Quantity Limit PUDs in/near sensitive areas Limiting or prohibiting the use of planned unit development (PUD) or increased density subdivisions in areas (wetlands, riparian areas, priority wildlife habitats, productive agricultural lands, etc.). Reforming Subdivision Regulations Revising the County and City subdivision regulations to focus on water conservation practices, preserving agricultural lands, facilitating wildlife movement, enhancing biodiversity, etc. Park and Open Space dedication/fee in lieu Exactions or fees paid by new development to pay for use of existing parks, open space, and recreation facilities, or development of new facilities, to serve the proposed development. Trails/Ag with Wildlife in Mind Handbook A handbook that provides best practices for recreational use and/or agricultural practices in sensitive wildlife habitats. The handbook can be used as a guide or adopted into code as regulation. Water quality protection and treatment with wetlands to enable further sewer plant discharges Utilizing upstream wetlands to improve water quality of wastewater through a nutrient treatment credit program. Wildlife Friendly Fencing Fencing which allows for the safe passage of various wildlife species. Wildlife friendly fencing can be used to protect active agricultural operations by targeting movement corridors. Native Plant Preservation and Xeriscaping Requirements Preservation, salvaging, and reclamation of existing plants and vegetation on a site. Where preservation of existing vegetation is not feasible, or when new development is proposed, the use of native plants and other low-water or xeriscaping landscaping practices can be required by the land development code. Wildland Urban Interface (WUI) Designation Delineating the areas where homes are built near or among lands prone to wildland fire and developing standards to mitigate the risk of wildfire and impact on forest resources by new development. Wildlife Crossings Constructing roadway crossings that provide for safe wildlife movement over or under the roadway. 309 3 Tool Theme Description/Example Wildlife & Biodiversity Connectivity Agricultural Heritage Water Quality & Quantity Controlled Groundwater Area (CGWA) CGWA are designated when control or close river basins and groundwater aquifers to certain types of water appropriations due to concerns regarding water availability, water contamination, and protecting existing water rights. Existing CGWAs in Gallatin County: • Bozeman Solvent Site Controlled Groundwater Area, • Idaho Pole Company Site Controlled Groundwater Area Updated Floodplain and CMZ Mapping and Regulations Updating maps of the Channel Migration Zone and watercourses in the Lower Gallatin Watershed including the miles of streams and rivers, canals, and ditches. Wetland Mitigation Banking The restoration, creation, or enhancement of wetlands in an area, to compensate for unavoidable development impacts to wetlands at another location. Stormwater Management Specific design site design standards that define stormwater retention and treatment, impervious surface coverage limits, building coverage limits, parking lot design standards, and landscaping or screening requirements. Transfer of Development Rights A voluntary program which allows landowners to sever their development rights from the physical land. Some or all of the property is preserved. Trail Buffer/Recreational Amenities Implementing trail and recreation buffers in targeted habitats can improve connectivity and encourage wildlife crossing at safe places. Recreational trails along the urban-wildland interface can provide a buffer between urban development. Wildlife Signage Signage may be used to warn drivers of wildlife corridors and potential crossings areas, especially where at-grade crossings are used or in areas where wildlife crossings are known but other mitigation measures are not implemented. Integration of Sensitive Lands Mapping Future land management decisions should build upon and utilize the mapping completed as part of this Sensitive Lands Protection Plan. Develop a sensitive lands citizen advisory committee Advisory committees provide a structured way for citizens to share their opinions and perspectives. Committees could be used to advise a local jurisdiction. 310 4 Tool Theme Description/Example Wildlife & Biodiversity Connectivity Agricultural Heritage Water Quality & Quantity Develop and publicize land acknowledgments Continue to coordinate efforts across organizations and include Indigenous voices to preserve sensitive lands by acknowledging the initial stewards of the land. Recognition of past injustices including colonization and violence against Indigenous people in this area has in part resulted in the degradation of sensitive lands since white settlement. Dark Skies Artificial lighting can affect animals that sleep at night and can be disorienting for nocturnal animals and insect. Light fixtures should be selectively placed, hooded/shielded, and directed downward. Density Bonuses Density bonuses allow increases in allowable units in exchange for providing community benefits. Expanded Agricultural Land Use Expanding the allowed uses for ag properties can provide an avenue for continuing operation. Expanded uses provide secondary income for agricultural operators and generally drive economic development. Could include agritourism, private land camping, increased ADU allowances, exemptions from some development standards, allowances for agricultural residences for workers, and integrated alternative energy uses. Habitat/Environmental Analysis and Dedicated Natural Resource Staff Hiring a dedicated staff member to verify the habitat analysis recommendations provides additional expertise and education on habitat and environmental resource protection and mitigation early in the review process. Maximum Size of a Single Structure Limiting the maximum allowed dwelling unit or structure size can reduce the amount of development occurring in sensitive areas. Large buildings may deter use of wildlife corridors or habitat areas by some wildlife species. Building Envelope Designation Building envelopes are often designated on a subdivision plat or site plan to specify where buildings or other structures may be located. Septic Restrictions Shared septic systems have been encouraged because they allow for smaller lot and clustered development that can preserve open space, mitigate water impacts, and protect wildlife habitat. Setbacks and Buffers from Active Ag Lands Active ag land setbacks can provide a buffer between active agricultural operations and other uses to protect active agricultural operations and reduce nuisance complaints filed against farmers and ranchers based on noise, dust, odors, etc. 311 5 Funding Sources Tool Theme Description/Example Wildlife & Biodiversity Connectivity Agricultural Heritage Water Quality & Quantity County Open Space Levy & Program The Gallatin County Open Space Levy allows the County to levy up to 4.5 mills annually including for capital improvements and maintenance needs of County-owned parks or conservation projects related to the purchase of land and conservation easements. Natural Resources Conservation Service (NRCS) Grants The NRCS is an agency within the US Department of Agriculture that works with producers, soil and water conservation districts, and other partners to protect and conserve natural resources on private lands throughout the United States. The NRCS administers a number of programs, grants, and initiatives available to support a variety of sensitive land. Habitat Conservation Lease Program The habitat conservation lease is a voluntary, incentive-based agreement between private property owners and Montana Fish, Wildlife, and Parks Department (MT FWP) in which the landowner commits to specific land management practices that protect priority wildlife habitat and MT FWP pays landowners a one-time per-acre fee for the lease. Land & Water Conservation Fund (LWCF) Recreation Grants A federal grant program to fund outdoor recreation projects in accordance with a Statewide Comprehensive Outdoor Recreation Plans. The LWCF specifically provides funding for acquisition and development of public outdoor recreation areas and facilities, including Gallatin County Regional Park, Bozeman Municipal Park (Bogert Park), and Three Forks Headwaters Trail System. Water Pollution Control State Revolving Fund (WPCSRF) The Montana Legislature established the WPCSRF Loan Program for water pollution control projects administered through the Montana DEQ and provides at or below market interest rate loans to eligible Montana entities. Wildlife Habitat Improvement Program Grants This program provides up to $2 million annually in federal funding to restore priority wildlife habitats by managing noxious weeds. Tourism/Open Space Sales Tax Similar to other taxes, some communities have utilized revenue from additional sales taxes to fund parks, trails, and open space conservation efforts. Tax could be generated from specific uses such as lodging, retail, and other tourism- based businesses. 312