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HomeMy WebLinkAbout08-07-23 CDB Agenda and Packet MaterialsA.Call to Order - 6:00 pm This meeting will be held both in-person and also using an online video conferencing system. You can join this meeting: Via 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 +1 346 248 7799 Access code: 954 6079 2484 B.Disclosures C.Changes to the Agenda D.Public Service Announcements E.Approval of Minutes F.Consent Items F.1 Design recommendation regarding The Flats at Bozeman site plan proposal for a total of 243 dwelling units for group living (student housing), comprised of 655 bedrooms amongst 45 buildings, located NW of the intersection of South 11th Avenue and Arnold Street, Application 22337 (Quasi-Judicial).(Lyon) THE COMMUNITY DEVELOPMENT BOARD OF BOZEMAN, MONTANA CDB AGENDA Monday, August 7, 2023 General information about the Community Development Board is available in our Laserfiche repository. If you are interested in commenting in writing on items on the agenda please send an email to agenda@bozeman.net or by visiting the Public Comment Page prior to 12:00pm on the day of the meeting. Public comments will also be accepted in-person and through video conference during the appropriate agenda items. As always, the meeting will be streamed through the Commission's video page and available in the City on cable channel 190. For more information please contact Anna Bentley, abentley@bozeman.net 22337 DRB Staff Report.pdf 1 F.2 Mayfly Townhomes Preliminary Plat application, to subdivide four lots platted with Norton East Ranch Phase 4 into 46 developable lots for townhome and duplex structures with associated stormwater, open space, easements, and right of way. Located northeast of the corner of Fallon Street and South Laurel Parkway. Application 22310.(Garber) G.Public Comments This is the time to comment on any matter falling within the scope of the Community Development Board. There will also be time in conjunction with each agenda item for public comment relating to that item but you may only speak once per topic. Please note, the Community Development Board cannot take action on any item which does not appear on the agenda. All persons addressing the Community Development Board shall speak in a civil and courteous manner and members of the audience shall be respectful of others. Please state your name and place of residence in an audible tone of voice for the record and limit your comments to three minutes. General public comments to the Board can be found in their Laserfiche repository folder. H.Special Presentations H.1 Gallatin Valley Sensitive Lands Protection Plan(Henderson) I.Action Items I.1 Overview of Unified Development Code Public Review Process in Fall 2023.(Saunders) J.FYI/Discussions J.1 Wetland Protection Mitigation Code Revision Project Update (Kohtz) J.2 Upcoming Items for the August 21, 2023, Community Development Board Meeting (Bentley) K.Adjournment 22310 CDB Staff Report.pdf Data Modeling Methods by Theme.pdf Preliminary Tool List.pdf Key Dates List - CDB 8-7-2023.pdf SB382 City Commission summary July 25, 2023.pdf SB0382 - Montana Land Use Planning Act.pdf This board generally meets the first and third Monday of the month from 6:00 pm to 8:00 pm. Citizen Advisory Board meetings are open to all members of the public. If you have a disability and require assistance, please contact the City for ADA coordination, 406.582.2306 (TDD 406.582.2301). 2 Memorandum REPORT TO:Community Development Board FROM:Nakeisha Lyon, Associate Planner Brian Krueger, Development Review Manager Erin George, Community Development Deputy Director Anna Bentley, Community Development Director SUBJECT: Design recommendation regarding The Flats at Bozeman site plan proposal for a total of 243 dwelling units for group living (student housing), comprised of 655 bedrooms amongst 45 buildings, located NW of the intersection of South 11th Avenue and Arnold Street, Application 22337 (Quasi-Judicial). MEETING DATE:August 7, 2023 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION: Recommend approval of the site plan with conditions and code provisions, application 22337, to the Community Development Director as presented and provide design recommendations and Board Member discussion. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND: This review is in front of the Community Development Board in their capacity as the Design Review Board (DRB). The Bozeman Municipal Code (BMC) 38.230.040 sets the thresholds for projects that need the review of the DRB, or Community Development Board, and this project exceeds those thresholds. The DRB was established to provide design recommendations regarding larger proposals to the review authority. Per BMC 2.05.3000 – Established Powers and Duties “The community development board established pursuant to Resolution No. 5330 shall act as the design review board for all purposes under this Code. The design review board (DRB) is established to evaluate aesthetic considerations of larger and more complex proposals which are likely to produce significant community impact and to provide recommendations regarding such proposals to the 3 review authority, subject to the provisions of chapter 38.” Chapter 38, Article 3 provides code provisions regarding those aesthetic considerations. Those include Form and Intensity Standards (38.320), Zone Specific Provisions (38.330), and Overlay District Standards (38.340). Chapter 38, Article 5 also contains code provisions regarding aesthetic considerations. These include, Block Frontage (38.510), Site Planning and Design Elements (38.520), Building Design (38.530), Parking (38.540), Landscaping (38.550), Signs (38.560), and Lighting (38.570). Sections 5, and 7a through 7g of the staff report attached discuss these code provisions. The property has been annexed, zoned, and subdivided with previous review by the Planning Board, Zoning Board, and City Commission and approval is in place. Discussion of land use policy, zoning, and community design is irrelevant to this meeting. The purpose of this meeting is the proposed design contained in the applications. A site plan for the construction of 243 dwelling units for group living (student housing), comprised of 655 bedrooms amongst 45 buildings on approximately 11.89 acres located on vacant property located at the northwest corner of South 11th Avenue and Arnold Street. The proposed development includes the extension of Arnold Street between South 14th Avenue and South 11th Avenue, South 14th Avenue from Student Drive to Arnold Street, South 13th Avenue from Student Drive to Arnold Street, and South 12th Avenue from Student Drive to Around Street. The proposed development included a variety of housing types such as single family, rowhouses and apartment buildings. The proposed development includes accessory uses such as a clubhouse, pool, garage, and an accessory utility building to serve as amenities to future residences. Additionally, this application includes associated design and infrastructure improvements pertaining to open space, vehicular and bicycle parking, landscaping, irrigation, lighting, parklands, and pedestrian pathways. The site is zoned REMU, residential emphasis mixed use district, and the proposed uses for apartments, rowhouse, and single household structures are consistent with the allowable uses in the REMU district. There are currently no remaining corrections from the Development Review Committee and all community design requirements including transportation facilities and access, grading, drainage, utilities, and easements are found to be adequate with conditions and code provisions. The full application can be viewed at this Laserfiche Links: 4 Application 22337 The Flats at Bozeman Site Plan Some materials in the submittal relevant to the DRB's duties include: 100-CS1.0-COVER SHEET 101-A001-ARCHITECTURAL SITE PLAN 103-A200-1BR Loft 4Plex-ELEVATIONS 105-A200-4BR Tuckunder-ELEVATIONS 107-A200-4BR Tuckunder Triplex-ELEVATIONS 109-A200-5BR RH Duplex Alt-ELEVATIONS 111-A200-5BR RH Duplex-ELEVATIONS 113-A200-5BR RH Triplex-ELEVATIONS 115-A200-5 over 2-ELEVATIONS 117-A200-5 over 2 Duplex-ELEVATIONS 120-A200-CH Building-ELEVATIONS 122-A200-MF Building 1-ELEVATIONS 124-A200-MF Building 2-ELEVATIONS 400-L000-Site Plan (Landscape Plan) UNRESOLVED ISSUES:None. ALTERNATIVES:As identified by the Community Development Board. FISCAL EFFECTS: None identified at this time. Attachments: 22337 DRB Staff Report.pdf Report compiled on: August 3, 2023 5 Community Development Board Staff Report The Flats at Bozeman Site Plan Application No. 22337 August 3, 2023 Page 1 of 27 Application No. 22337 Type Site Plan Project Name The Flats at Bozeman Site Plan Decision Type Consent (Quasi-judicial) Summary A site plan for the construction of 243 dwelling units for group living (student housing), comprised of 655 bedrooms amongst 45 buildings on approximately 11.89 acres located on vacant property located at the northwest corner of South 11th Avenue and Arnold Street. The proposed development includes the extension of Arnold Street between South 14th Avenue and South 11th Avenue, South 14th Avenue from Student Drive to Arnold Street, South 13th Avenue from Student Drive to Arnold Street, and South 12th Avenue from Student Drive to Around Street. The proposed development included a variety of housing types such as single household, rowhouses and apartment buildings. The proposed development includes accessory uses such as a clubhouse, pool, garage, and an accessory utility building to serve as amenities to future residences. Additionally, this application includes associated design and infrastructure improvements pertaining to open space, vehicular and bicycle parking, landscaping, irrigation, lighting, parklands, and pedestrian pathways. Zoning REMU Growth Policy Residential Mixed Use Parcel Size 11.89 Acres Overlay District(s) None Location East of South 14th Avenue, West of South 11th Avenue, North of Arnold Street, and South of Student Drive. Legal Description Lot 1, Block 4 of Phase 3 of the South University District Subdivision, Section 24, Township 2 South, Range 5 East, Lot 1, 11.89 acres, located in P.M.M., City of Bozeman, Gallatin County, Montana, according to the official plat J-695 thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana. Owner Randy Hecht, RTR Holdings II, LLC, 22 Turtle Rock Court, Tiburon, CA 94920 Applicant Davis Maxwell, Capstone Collegiate Communities, 431 Office Park Drive, Birmingham, AL Representative Zach Lowe, Stahly Engineering, 851 Bridger Drive Suite 1, Bozeman, MT 59715 Staff Planner Nakeisha Lyon Engineer Suzanne Ryan Noticing Public Comment Period Site Posted Adjacent Owners Newspaper Legal Ad 07/19/23 – 08/15/23 07/19/23 07/17/23 N/A Advisory Boards Board Date Recommendation Development Review Committee 01/11/2023 Inadequate for Further Review With Applicable Conditions and Code Provisions Development Review Committee 07/18/2023 Inadequate for Further Review With Applicable Conditions and Code Provisions Development Review Committee 07/25/2023 Adequate for Further Review With Applicable Conditions and Code Provisions Design Review Board 08/07/2023 TBD Recommendation The application is sufficient for approval with conditions and code provisions. Decision Authority Director of Community Development or her designees Date 08/02/23 6 Community Development Board Staff Report The Flats at Bozeman Site Plan Application No. 22337 August 3, 2023 Page 2 of 27 Full application: https://weblink.bozeman.net/WebLink/Browse.aspx?startid=269420&cr=1 File of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715 PROJECT SUMMARY This site plan application proposes the construction of 243 dwelling units for group living (student housing), comprised of 655 bedrooms amongst 45 buildings on approximately 11.89 acres located on vacant property located at the northwest corner of South 11th Avenue and Arnold Street. The proposed development includes the extension of Arnold Street between South 14th Avenue and South 11th Avenue, South 14th Avenue from Student Drive to Arnold Street, South 13th Avenue from Student Drive to Arnold Street, and South 12th Avenue from Student Drive to Around Street. The proposed development included a variety of housing types such as single family, rowhouses and apartment buildings. The proposed development includes accessory uses such as a clubhouse, pool, garage, and an accessory utility building to serve as amenities to future residences. Additionally, this application includes associated design and infrastructure improvements pertaining to open space, vehicular and bicycle parking, landscaping, irrigation, lighting, parklands, and pedestrian pathways. The site is zoned REMU, residential emphasis mixed use district, and the proposed uses are consistent with the allowable uses in the REMU zoning district. There are currently no remaining corrections from the Development Review Committee and all community design requirements including transportation facilities and access, grading, drainage, utilities, and easements are found to be adequate with conditions and code provisions. This site plan proposes more than 45 dwelling units, 4 stories or more, and 90 vehicular parking, therefore, pursuant to sections 38.210.010 and 38.230.040, The Community Development Board (CDB) acting as the Design Review Board (DRB) authority is required to make advisory comments and a recommendation to the Director on this site plan application. The DRB was established to provide design recommendations regarding larger proposals to the review authority. Per BMC 2.05.3000 – Established Powers and Duties “The community development board established pursuant to Resolution No. 5330 shall act as the design review board for all purposes under this Code. The design review board (DRB) is established to evaluate aesthetic considerations of larger and more complex proposals which are likely to produce significant community impact and to provide recommendations regarding such proposals to the review authority, subject to the provisions of chapter 38.” Chapter 38, Article 3 provides code provisions regarding those aesthetic considerations. Those include Form and Intensity Standards (38.320), Zone Specific Provisions (38.330), and Overlay District Standards (38.340). Chapter 38, Article 5 also contains code provisions regarding aesthetic considerations. These include, Block Frontage (38.510), Site Planning and Design Elements (38.520), Building Design (38.530), Parking (38.540), Landscaping (38.550), Signs (38.560), and Lighting (38.570). Sections 5, and 7a through 7g of the staff report attached discuss these code provisions. The property has been annexed, zoned, and subdivided with previous review by the Community Development Board and City Commission and approval is in place. Discussion of land use policy, zoning, and community design is irrelevant to this meeting. The purpose of this meeting is the proposed design contained in the applications. 7 Community Development Board Staff Report The Flats at Bozeman Site Plan Application No. 22337 August 3, 2023 Page 3 of 27 The Community Development Board meeting will occur on Monday, August 7, 2023 in person at 6:00 p.m., in the Commission Room at City Hall, 121 N. Rouse Ave, Bozeman, Montana. Members of the public will also be able to participate remotely. Instructions for joining the remote meeting will be included on the meeting agenda, which is published on the City’s website at least 48 hours prior to the meeting. The agenda is available at https://www.bozeman.net/meetings. The public notice period begun on July 19, 2023 and ends August 15, 2023. Within 10 days of the closing of the public comment period, the Director of Community Development will make the final decision on this application. DEPARTURES REQUESTED 1. No departures are requested at this time. 8 Community Development Board Staff Report The Flats at Bozeman Site Plan Application No. 22337 August 3, 2023 Page 4 of 27 FINDINGS OF FACT AND APPEAL PROVISIONS CERTIFICATE A) PURSUANT to Chapter 38, Article 2, Bozeman Municipal Code (BMC), and other applicable sections of Ch.38, BMC, public notice was given, opportunity to submit comment was provided to affected parties, and a review of the Site Plan described in this report was conducted. The applicant proposed to the City a Site Plan (SP) to permit 243 dwelling units for group living (student housing), comprised of 655 bedrooms amongst 45 buildings on approximately 11.89 acres located on vacant property located at the northwest corner of South 11th Avenue and Arnold Street. The proposed development includes the extension of Arnold Street between South 14th Avenue and South 11th Avenue, South 14th Avenue from Student Drive to Arnold Street, South 13th Avenue from Student Drive to Arnold Street, and South 12th Avenue from Student Drive to Around Street. The proposed development included a variety of housing types such as single family, rowhouses and apartment buildings. The proposed development includes accessory uses such as a clubhouse, pool, garage, and an accessory utility building to serve as amenities to future residences. Additionally, this application includes associated design and infrastructure improvements pertaining to open space, vehicular and bicycle parking, landscaping, irrigation, lighting, parklands, and pedestrian pathways. The site is zoned REMU, residential emphasis mixed use district, and the proposed uses are consistent with the allowable uses in the REMU zoning district. There are currently no remaining corrections from the Development Review Committee and all community design requirements including transportation facilities and access, grading, drainage, utilities, and easements are found to be adequate with conditions and code provisions. The purposes of the Site Plan review were to consider all relevant evidence relating to public health, safety, welfare, and the other purposes of Ch. 38, BMC; to evaluate the proposal against the criteria of Sec. 38.230.100 BMC, and the standards of Ch. 38, BMC; and to determine whether the application should be approved, conditionally approved, or denied. B) It appeared to the Director that all parties and the public wishing to examine the proposed Site Plan and offer comment were provided the opportunity to do so. After receiving the recommendation of the relevant advisory bodies established by Ch. 38, Art. 210, BMC, and considering all matters of record presented with the application and during the public comment period defined by Ch. 38, BMC, the Director has found that the proposed Site Plan would comply with the requirements of the BMC if certain conditions were imposed. Therefore, being fully advised of all matters having come before them regarding this application, the Director makes the following decision. C) The Site Plan has been found to meet the criteria of Ch. 38, BMC, and is therefore approved, subject to the conditions listed in this report and the correction of any elements not in conformance with the standards of the Title. The evidence contained in the submittal materials, advisory body review, public testimony, and this report, justifies the conditions imposed on this development to ensure that the Site Plan complies with all applicable regulations, and all applicable criteria of Ch. 38, BMC. On this ______ day of _______________2023, Anna Bentley, Director of Community Development, approved with conditions this Site Plan for and on behalf of the City of Bozeman as authorized by Sec. 38.200.010, BMC. D) This Director of Community Development’s project decision may be appealed by filing a documented appeal with and paying an appeal fee to the Clerk of the Commission for the City of Bozeman within 10 working days after the date of the final decision as evidenced by the Director’s signature, following the procedures of Sec. 38.250.030, BMC. DIRECTOR OF COMMUNITY DEVELOPMENT 9 Community Development Board Staff Report The Flats at Bozeman Site Plan Application No. 22337 August 3, 2023 Page 5 of 27 DRAFT CONDITIONS OF APPROVAL 1. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. Addressing: Addresses have been assigned to these units, however will need to be changed according to the latest set of plans. However, they will not be changed/corrected until final decisions have been made and approved. 3. The subject property is located within the S 11th Street Payback Payback District Boundary. If the subject property did not participate in the original cost of construction of improvements, the subject property will be accessed a payback charge prior to Site Plan Approval. (https://weblink.bozeman.net/WebLink/ElectronicFile.aspx?dbid=0&docid=179320&) 4. Park Department: Acceptance of Improvements-in-lieu contingent upon approval of Park Master Plan Amendment submitted with application 22238. 5. Planning: Please provide a window sample or photographic evidence of transparency for all windows and transparent material utilized. 6. Planning: The narrative indicates that phasing for the development of this project is desired (individual "blocks" to be developed at a time). If this is the case, please provide a detailed phasing plan for occupancy of structures include all off-site improvements in the first phase to be developed such as infrastructure and parks. Landscaping may be financially guaranteed for one year to accommodate construction and seasonality. Each phase, for the phased occupancy will need to stand on it's own via parking, circulation, utilities, open space, and other site improvements. This plan is separate from any requests for concurrent construction which is reviewed and approved by the Engineering Division. This phasing plan is to illustrate how each internal block will develop in correlation to all support infrastructure needed to ensure that block is self sufficient. Please give consideration to open space and parking calculations that each block can serve itself without another. I.e. If the clubhouse provides the bulk of open space for Blocks west and center, Block east may need to be constructed first or at minimum the clubhouse must be constructed in the 1st phase in order to support the other blocks. DRAFT CODE PROVISIONS 1. BMC 38.220.080. A trash container type must be provided and detailed (40 yard roll off, fenced enclosure, etc.). If spoils storage is proposed a timeline for removal must be provided. Additionally, please ensure this plan correlates to the phasing per block to ensure as one block is complete, how construction will be managed on the next. 2. BMC 38.360.135.B.3. Please provide the denotation of the minimum land area required per resident in the square footage calculations for REMU. 3. BMC 38.410.030 - Water adequacy. The final CILWR fee amount is $200,851. The irrigation demand associated with Park 3 has been addressed with application no. 22238 and is not included with the fee determination. The fee must be paid prior to final site plan approval. If the owner is still willing to participate in the City high-efficiency project the agreement should be finalized and executed prior to site plan approval. 4. BMC 38.530.060.A.2. Please provide the metal siding gauge based on this requirement for all metal siding proposed. 5. BMC 38.540.030.C. Please provide the dimensions for the garages within the multifamily building 2 to ensure conformance with Table 38.540.020. Individual Residential Garage Dimensional Standards. There appear to be three garage parking spaces in 1 garage without any separation in multifamily building 2. Additionally, please clarify if the proposed driveways will have stacked parking. Parking spaces in the garage must have a length of 22 feet. The door cannot impact this length. Please amend the design accordingly. 10 Community Development Board Staff Report The Flats at Bozeman Site Plan Application No. 22337 August 3, 2023 Page 6 of 27 6. BMC 38.540.050.A. 65 bicycle parking spaces are required based on the 10% calculation for the 655 parking spaces required. The amount required is based on the required prior to any reductions. Please revise accordingly. Figure 1: Current Zoning Map 11 Community Development Board Staff Report The Flats at Bozeman Site Plan Application No. 22337 August 3, 2023 Page 7 of 27 Figure 2: Growth Policy Designation 12 Community Development Board Staff Report The Flats at Bozeman Site Plan Application No. 22337 August 3, 2023 Page 8 of 27 Figure 3: Site Plan 13 Community Development Board Staff Report The Flats at Bozeman Site Plan Application No. 22337 August 3, 2023 Page 9 of 27 Figure 4: Landscaping Plan 14 Community Development Board Staff Report The Flats at Bozeman Site Plan Application No. 22337 August 3, 2023 Page 10 of 27 Figures 5-8: Elevations of One Bedroom Lofts (Rowhouses) 15 Community Development Board Staff Report The Flats at Bozeman Site Plan Application No. 22337 August 3, 2023 Page 11 of 27 Figures 9-12: Elevations of 4 Bedroom Tuckunders (Single Units) 16 Community Development Board Staff Report The Flats at Bozeman Site Plan Application No. 22337 August 3, 2023 Page 12 of 27 Figures 13-16: Elevations of 4BR Tuckunder (Triplex) 17 Community Development Board Staff Report The Flats at Bozeman Site Plan Application No. 22337 August 3, 2023 Page 13 of 27 Figures 17-20: Elevations of 5BR Rowhouses (Duplex) (Alternative) 18 Community Development Board Staff Report The Flats at Bozeman Site Plan Application No. 22337 August 3, 2023 Page 14 of 27 Figures 21-24: Elevations of 5BR Rowhouses (Duplex) 19 Community Development Board Staff Report The Flats at Bozeman Site Plan Application No. 22337 August 3, 2023 Page 15 of 27 Figures 25-28: Elevations of 5BR Rowhouses (Triplex) 20 Community Development Board Staff Report The Flats at Bozeman Site Plan Application No. 22337 August 3, 2023 Page 16 of 27 Figures 29-32: Elevations for 5 BR over 2 BR (Single Household) 21 Community Development Board Staff Report The Flats at Bozeman Site Plan Application No. 22337 August 3, 2023 Page 17 of 27 Figure 33-36: Elevations for 5 BR over 2 BR (Duplex) 22 Community Development Board Staff Report The Flats at Bozeman Site Plan Application No. 22337 August 3, 2023 Page 18 of 27 Figures 37-40: Elevations for Multihousehold Building 1 23 Community Development Board Staff Report The Flats at Bozeman Site Plan Application No. 22337 August 3, 2023 Page 19 of 27 Figures 41-44: Elevations for Multihousehold Building 2 24 Community Development Board Staff Report The Flats at Bozeman Site Plan Application No. 22337 August 3, 2023 Page 20 of 27 Figures 45 - 48: Elevations for Multihousehold Building 3 25 Community Development Board Staff Report The Flats at Bozeman Site Plan Application No. 22337 August 3, 2023 Page 21 of 27 ANALYSIS AND FINDINGS Analysis and resulting recommendations based on the entirety of the application materials, municipal codes, standards, plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis in this report is a summary of the completed review. Plan Review, Section 38.230.100, BMC In considering applications for plan approval under this title, the Director of Community Development shall consider the following: 1. Conformance with Article 1 - Consistency with the City’s adopted Growth Policy 38.100.040.D Meets Code? Growth Policy Land Use Residential Mixed Use Yes Zoning REMU, Residential High Density District Yes Comments: The project conforms to the requirements of the REMU zoning district. The 2020 Community Plan designation of Residential Mixed Use correlates with the REMU zoning district. The proposed project conforms to this designation by providing urban density homes within the correlated zoning district at acceptable densities. 2. Conformance with Article 1 - All other applicable laws, ordinances, and regulations (38.100.080) Condominium ownership No Comments: Additional steps will be required including but not limited to review of building permits and infrastructure plans. The Building Division of the Department of Community Development will review the requirements of the International Building Code for compliance at the time of building permit application. 3. Conformance with Article 2, including the cessation of any current violations (38.200.160) Meets Code? Current Violations None Yes Comments: There are no current violations on the property. 4. Conformance with Article 2 - Submittal material (38.220) requirements and plan review for applicable permit types (38.230) Meets Code? Site Plan Yes Submittal requirements 38.220.100 Yes Phasing of development 38.230.020.B No. of phases: 5 Yes Comments: The application meets all the site plan submittal material requirements with the inclusion of applicable conditions of approval and code provisions applicable which must be met prior to building permit approval, concurrent construction, if applicable, or otherwise as indicated accordingly for each listed condition or code provision. The SP is not proposed to be a phased project, however will be seeking phased occupancy for the development of each sets of buildings in the project through a sub-phasing plan included in the application. Phased occupancy will be accomplished in five (5) phases. This plan is located in 205-C0.4 Construction Facilities Plan. Each phase is divided into blocks which includes a variety of housing types and all functional amenities to serve that specific phase or the overall site such as private roadways, landscaping, open space, parking, bicycle parking, and walkways to a public sidewalk and internal resources. Landscaping may be financially guaranteed to accommodate construction and seasonality. Any additional development such as an expansion may require an 26 Community Development Board Staff Report The Flats at Bozeman Site Plan Application No. 22337 August 3, 2023 Page 22 of 27 amendment to this approved SP or a new SP applicable to that area based on the met thresholds of applicability denoted in Sec. 38.230.040. Any additional use permit (Conditional Use Permit) 38.230.120 or (Special use Permit) 38.230.120 N/A Comments: No conditional or special uses are proposed. 5. Conformance with Article 3 - Zoning Provisions (38.300) Meets Code? Permitted uses 38.310 Apartments, rowhouses, single household, group living Yes Form and intensity standards 38.320 Zoning: REMU Setbacks (feet) Structures Parking / Loading Yes Front Block Frontage N/A Rear 10’ N/A Side 5’ N/A Alley N/A N/A Comments: Rowhouses and apartments are primary uses within the REMU district. The proposed project is meeting setback requirements for the REMU district and the Mixed block frontage designation across the sites 6 street frontages. The building placement meets the 10’ front setback requirements and 5’ side setback requirements. No rear yards are present. Lot coverage 23.8% Allowed 75% Yes Building height 40’1” (4 BR TU) Rowhouses – 27’8” to 40’1” dependent on style and number of bedrooms 4-stories, 58’ 9” (Apt.) Allowed 5-stories max for group living Yes Comments: Lot coverage and building height form and intensity standards are met with the proposed design. The proposed single household (4 BR units), two attached units and rowhouses (4 BR SU, 5 BR SU, 5 BR over 2 BR RH), and Apartments (Building 1 to 3) meet the maximum height standards of 5 stories in REMU when said units are utilized for group living. Applicable zone specific or overlay standards 38.330-40 Yes Comments: The project is not within an overlay district, but is within the REMU district special standards. The project is meeting the following applicable standards: • Street and circulation standards. The buildings are oriented with front facades facing the street as specified in the applicable block frontages or mid-block crossings. Shared drive accesses are utilized. No parking is proposed within front setbacks. • Site planning and design element standards. The project is meeting the site planning design requirements. See Section 7b below. • Open space standards. The applicant is proposing open space in a variety of approaches in order to meet the BMC including public common open space areas, a community pool, interior common recreational areas through a clubhouse, private balconies, and outdoor pocket plazas and gathering spaces. 27 Community Development Board Staff Report The Flats at Bozeman Site Plan Application No. 22337 August 3, 2023 Page 23 of 27 • Building standards. The application is meeting requirements for building design, see section 7c below. Landscaping and lighting, see 7e and 7f below. General land use standards and requirements 38.350 Yes Comments: No setback or height encroachments are proposed. Applicable supplemental use criteria 38.360 Yes Supplemental uses/type Townhouse and rowhouse dwellings Group living Yes Comments: The proposed rowhouses are in conformance with Sec. 38.360.250. The rowhouses are designed to meet the requirements of Sec. 38.360.250.F.1. with the appropriate use of articulations such as entries with weather protection, windows, and change in building materials scaled appropriately to the façade. The rowhouse design meets the intention of Sec. 38.360.250.F.2. for repetition with variety by providing visual interest within their design. Please see the elevations for the rowhouses for more context. Group living standards denoted in BMC 38.360.135 have been met. Wireless facilities 38.370 N/A Affordable Housing 38.380.010 N/A Affordable housing plan N/A Comments: No wireless facilities are proposed. No affordable housing requirements are triggered with the proposed uses. 6a. Conformance with Article 4 - Community Design Provisions: Transportation Facilities and Access (38.400) Meets Code? Streets 38.400.010 N/A Street and road dedication 38.400.020 N/A Access easements N/A Level of Service 38.400.060 N/A Transportation grid adequate to serve site N/A Comments: Street, access, and level of service are not under the purview of the CDB serving as the DRB. The final analysis of this will be with the final staff report. Draft applicable conditions and code provisions related to the above-mentioned requirements may be included in this staff report. Sidewalks 38.400.080 N/A Comments: Sidewalks is not under the purview of the CDB serving as the DRB. The final analysis of this will be with the final staff report. Draft applicable conditions and code provisions related to the above-mentioned requirements may be included in this staff report. Drive access 38.400.090 Access to site: N/A N/A Fire lanes, curbs, signage and striping N/A Comments: Vehicular access, fire lanes, curbing, striping, signage and gutters are not under the purview of the CDB serving as the DRB. The final analysis of this will be with the final staff report. Draft applicable conditions and code provisions related to the above-mentioned requirements may be included in this staff report. Street vision triangle 38.400.100 N/A Transportation pathways 38.400.110 N/A Pedestrian access easements for shared use pathways and similar transportation facilities N/A Public transportation 38.400.120 N/A Comments: Street vision triangles, transportation pathways, and public transportation are not under the purview of the CDB serving as the DRB. The final analysis of this will be with the final staff report. Draft 28 Community Development Board Staff Report The Flats at Bozeman Site Plan Application No. 22337 August 3, 2023 Page 24 of 27 applicable conditions and code provisions related to the above-mentioned requirements may be included in this staff report. 6b. Conformance with Article 4 – Community Design Provisions: Community Design and Elements (38.410) Meets Code? Neighborhood centers 38.410.020 N/A Comments: This project does not trigger neighborhood center requirements. There is no proposed neighborhood center applicable to this SP application. Lot and block standards 38.410.030-040 N/A Midblock crossing: rights of way for pedestrians alternative block delineation N/A Comments: Requirements of BMC 38.410 such as lot and block standards and midblock crossings are not under the purview of the CDB serving as the DRB. The final analysis of this will be with the final staff report. Draft applicable conditions and code provisions related to the above-mentioned requirements may be included in this staff report. If the development is adjacent to an existing or approved public park or public open space area, have provisions been made in the plan to avoid interfering with public access to and use of that area N/A Provisions for utilities including efficient public services and utilities 38.410.050-060 N/A Easements (City and public utility rights-of-way etc.) N/A Water, sewer, and stormwater N/A Other utilities (electric, natural gas, communications) N/A CIL of water N/A Comments: Utilities, easements, water, sewer, and stormwater are not under the purview of the CDB serving as the DRB. The final analysis of this will be with the final staff report. Draft applicable conditions and code provisions related to the above-mentioned requirements may be included in this staff report. Municipal infrastructure requirements 38.410.070 N/A Comments: Municipal infrastructure requirements is not under the purview of the CDB serving as the DRB. The final analysis of this will be with the final staff report. Draft applicable conditions and code provisions related to the above-mentioned requirements may be included in this staff report. Grading & drainage 38.410.080 N/A Location, design and capacity of stormwater facilities N/A Stormwater maintenance plan N/A Landscaping: native species, curvilinear, 75% live vegetation 38.410.080.H N/A Comments: Stormwater is not under the purview of the CDB serving as the DRB. The final analysis of this will be with the final staff report. Draft applicable conditions and code provisions related to the above-mentioned requirements may be included in this staff report. Watercourse setback 38.410.100 N/A Watercourse setback planting plan 38.410.100.2.f N/A Comments: Watercourses and watercourse setbacks are not under the purview of the CDB serving as the DRB. The final analysis of this will be with the final staff report. Draft applicable conditions and code provisions related to the above-mentioned requirements may be included in this staff report. 6c. Conformance with Article 4 – Community Design Provisions: Park and Recreation Requirements (38.420) Meets Code? Parkland requirements 38.420.020.A N/A Cash donation in lieu (CIL) 38.420.030 N/A Improvements in-lieu N/A 29 Community Development Board Staff Report The Flats at Bozeman Site Plan Application No. 22337 August 3, 2023 Page 25 of 27 Comments: Cash and improvements-in-lieu of parklands is not under the purview of the CDB serving as the DRB. The final analysis of this will be with the final staff report. Draft applicable conditions and code provisions related to the above-mentioned requirements may be included in this staff report. Park Frontage 38.420.060 N/A Park development 38.420.080 N/A Recreation pathways 38.420.110 N/A Park/Recreational area design N/A Comments: Parklands is not under the purview of the CDB serving as the DRB. The final analysis of this will be with the final staff report. Draft applicable conditions and code provisions related to the above-mentioned requirements may be included in this staff report. 7a. Conformance with Article 5 – Project Design: Block Frontage Standards (38.510) Meets Code? Block frontage classification Mixed- Landscaped, Internal Special Residential Yes Departure criteria No departures requested N/A Comments: All portions of Lot 1, Block 4 are designated as mixed block frontage and will be designated as landscaped block frontage. All ground floor uses are residential and permitted within the REMU zoning district. Building placement of a minimum of 10 feet is met for all dwelling units orientated along the Landscaped Block Frontage. Building entrances are visible and directly accessible from the street. Façade transparency of at least 15% is met for the entire façade of the applicable multi-household buildings and rowhouses. This standard is not applicable to the rowhouses with less than 5 attached units and the single household dwelling units. Parking location standards are met,with parking sited to the side and rear and less than 50% of the surface parking along a street frontage. The streetscapes of South 14th Ave, South 13th Ave, South 12th Ave, South 11th Ave, Student Drive, and Arnold Street will feature a 10’ landscaped setback, 5’ sidewalk, and boulevard planting strips with street trees for every 50 linear feet. Site elements such as lighting, plant material, site furnishings, and signage will be consistent throughout the development to define the character of the district. To meet the special residential frontage requirements the application along sidewalks internal pathways, all buildings will provide a raised deck or porch at least 60 square feet in size and at least one foot above grade. A perennial planting bed in front of these porches will be provided with a diversity of plant materials and textures to maintain visual interest from a pedestrian scale. At areas with sidewalk adjacency to buildings with windows, landscape screening will be provided to create privacy for the residential units. 7b. Conformance with Article 5 – Project Design: Site Planning and Design Elements (38.520) Meets Code? Design and arrangement of the elements of the plan (e.g., buildings, circulation, open space and landscaping, etc.) so that activities are integrated with the organizational scheme of the community, neighborhood, and other approved development and produce an efficient, functionally organized and cohesive development Yes Relationship to adjacent properties 38.520.030 N/A Non-motorized circulation and design systems to enhance convenience and safety across parking lots and streets, including, but not limited to paving patterns, pathway design, landscaping and lighting 38.420.040 Yes Comments: A primary east-west pedestrian corridor through the site will connect internal buildings orientated towards this pathway which provides connections to the overall pedestrian pathways and public sidewalks along streets as well as to all site amenities. This corridor will provide frontage to these internal units. Concrete crosswalks are proposed where these walkways cross internal drive aisles. All perimeter units will have a direct pedestrian connection to the street. Proposed pathway widths and crossings meet the standards of this section. 30 Community Development Board Staff Report The Flats at Bozeman Site Plan Application No. 22337 August 3, 2023 Page 26 of 27 7d. Conformance with Article 5 – Parking (38.540) Meets Code? Parking requirements 38.540.050 Yes Yes Parking requirements residential 38.540.050.A.1 655 Reductions residential 38.540.050.A.1.b 75 Parking requirements nonresidential 38.540.050.A.2 N/A Reductions nonresidential 38.540.050.A.2.c N/A Provided off-street 580 Provided on-street 75 Bicycle parking 38.540.050.A.4 55 provided, 54 required Yes Comments: Parking is proposed to be provided as surface parking, in garages, compact spaces, and parallel parking along the local streets in the area. Bicycle parking spaces are provided near each building. The proposed parking to serve this site is in conformance with the standards of Sec. 38.540. Loading and uploading area requirements 38.540.080 N/A First berth – minimum 70 feet length, 12 feet in width, 14 feet in height N/A Additional berth – minimum 45 feet length N/A Comments: N/A 7e. Conformance with Article 5 – Landscaping (38.550) Meets Code? Mandatory landscaping requirements 38.550.050 Yes Drought tolerant species 75% required Yes Design of vehicular circulation systems to assure that vehicles can move safely and easily both within the site and between properties and activities within the general community 38.420.050 Yes Internal roadway design 38.520.050.D Yes Comments: Requirements of BMC 38.520 such as design of vehicular circulation systems and internal roadway design have been met. Pedestrian pathways are provided connecting all the residential buildings and parking lots. On-site open space 38.520.060 Total required 24,394 square feet Yes Total provided 24,874 square feet Yes Comments: The applicant has proposed open space through a variety of options. This includes private open space, shared outdoor open space, and shared indoor open space via clubhouse. Private outdoor open space is provided through balconies and decks dependent on the residential housing type. Location and design of service areas and mechanical equipment 38.520.070 Yes Comments: Utility meters are to be screened by landscaping. Solid waste will be collected via a series of solid waste enclosures that meet the requirements of this section. Adequate landscaping is proposed surrounding solid waste enclosures. 7c. Conformance with Article 5 – Project Design: Building Design (38.530) Meets Code? Compatibility with, and sensitivity to, the immediate environment of the site and the adjacent neighborhoods and other approved development 38.530.030 Yes Building massing and articulation 38.530.040 Yes Building details, materials, and blank wall treatments 38.530.050-070 Yes Comments: The application meets the massing and articulation standards of this section. The proposed apartment buildings, rowhouses, and single unit dwellings utilize a combination or windows, change roof pitch, entries, and building materials to meet the massing and articulation standards. The application meets the building material standards. No blank walls are present. 31 Community Development Board Staff Report The Flats at Bozeman Site Plan Application No. 22337 August 3, 2023 Page 27 of 27 Parking lot landscaping Yes Additional screening Yes Street frontage Yes Street median island N/A Acceptable landscape materials Yes Protection of landscape areas NA Irrigation: plan, water source, system type Yes Residential adjacency N/A Comments: The provided landscaping plans and irrigation plans conform to standards. Street frontage trees are required and provided along applicable roadways. Landscaping of public lands 38.550.070 N/A Comments: Landscaping of any proposed parklands and trails is not within the purview of the CDB acting in it’s capacity as the DRB. 7f. Conformance with Article 5 – Signs (38.560) Meets Code? Allowed SF/building 38.560.060 N/A N/A Proposed SF/building N/A N/A Comments: No signage is proposed with this application or required for residential uses. Signs permits must first be obtained prior to the installation of any residential identification signs. 7g. Conformance with Article 5 – Lighting (38.560) Meets Code? Site lighting (supports, cutoff, footcandles, temperature) 38.570.040 Yes Building-mounted lighting (supports, cutoff, footcandles, temperature) 38.570.040.B Yes Comments: Proposed lighting includes parking lot lighting and lighting of building entrances. All proposed lighting meets the cutoff and intensity requirements of this section. 8. Conformance with Article 6 – Natural Resource Protection Meets Code? Floodplain regulations 38.600 N/A Wetland regulations 38.610 N/A Comments: Requirements of BMC 38.600 and 38.610 for floodplain and wetland regulations are not under the purview of the CDB serving as the DRB. The final analysis of this will be with the final staff report. Draft applicable conditions and code provisions related to the above-mentioned requirements may be included in this staff report. 9. Relevant Comment from Affected Parties (38.220) Meets Code? Public Comment Yes Comments: A public notice period is being conducted according to the dates on the first page of this report. No public comments have been received as of the writing of this staff report. Public comments will be evaluated and placed in the project file for the review authority if received. 10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code? Subdivision exemptions NA Required easements Yes Comments: No lot line adjustments are triggered by this application. Required easements have been reviewed and addressed by the Engineering Department, Northwestern Energy, and Water/Sewer Division. 32 Memorandum REPORT TO:Community Development Board FROM:Danielle Garber, Associate Planner Anna Bentley, Community Development Director SUBJECT:Mayfly Townhomes Preliminary Plat application, to subdivide four lots platted with Norton East Ranch Phase 4 into 46 developable lots for townhome and duplex structures with associated stormwater, open space, easements, and right of way. Located northeast of the corner of Fallon Street and South Laurel Parkway. Application 22310. MEETING DATE:August 7, 2023 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION:Staff recommends you accept the staff report and findings for application 22310 and recommend approval with conditions and subject to all applicable code provisions. Recommended language: 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 22310 and move to recommend approval of the subdivision 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: The Department of Community Development received a Preliminary Plat Application on September 23, 2022 requesting to subdivide 5.478 acres to create 30 townhouse lots, 16 two-household (duplex) lots, 4 open space lots, and four alleys, named Anders Place, Betty Lane, Seed (previously Gray) Way, and Nye Place. The site is currently subdivided as a part of Phase 4 of Norton Ranch East Subdivision as Block 11, Lots 1-4. Each existing lot is about 1.375 acres and was originally subdivided to develop as multi-household residential. The current owners are proposing to further subdivide into smaller lots instead of develop the existing larger lots by site plan. The property is currently wholly surrounded by existing subdivided, zoned, and developed or developing land within City Limits. Surrounding uses include 33 townhomes, single household residential, and apartments. The property was previously subdivided under Norton Ranch East Phase 4 and that plat was recorded on April 22, 2020. On June 30, 2023 the Development Review Committee (DRC) found the application sufficient for continued review and recommends the conditions and code provisions identified in the staff report. The subdivider did not request any subdivision or zoning variances with this application. The applicant requested and was granted waivers with the pre-application plan review on June 9, 2022 for surface water, floodplains, vegetation, wildlife, agriculture, agricultural water user facilities, neighborhood center plan, miscellaneous, and affordable housing. Please see the staff report for analysis of the remaining review criteria. The subject property is zoned R-4, Residential High Density, and the underlying growth policy designation is Urban Neighborhood. This subdivision meets the criteria for review under 76-3-616 Montana Code Annotated (MCA) - Exemption for Certain Subdivisions. This statute exempts this subdivision from the public hearing requirement. Per BMC 38.240.100 the final decision for this preliminary plat must be made within 60 working days from sufficiency, or by September 26, 2023. The Community Development Board is reviewing this application in their role as the Planning Board. Per 38.240.140.A.2 of the municipal code, the primary responsibility of the Planning Board in subdivision review is to comment on compliance of the proposed plat with the growth policy. See Section 6 of the attached staff report for analysis on growth policy compliance. The Planning Board makes recommendations to the City Commission Materials in the submittal relevant to the Planning Board’s duties include: Application Documents Application Plans The application documents folder will contain the infrastructure reports including water, sewer, stormwater, and traffic impacts, as well as documentation to demonstrate compliance with Chapter 38 including compliance with adopted standards required in BMC 38.220.060. The application plans folder will contain the full plat set, as well as the overall site plan, proposed landscaping plans, proposed utility designs, and proposed alley plans. 34 UNRESOLVED ISSUES:None ALTERNATIVES:As recommended by the Community Development Board. FISCAL EFFECTS:Fiscal impacts are undetermined at this time, but will include increased property tax revenues from new development, along with increased costs to delivery municipal services to the property. Impact fees will be collected at the time of building permit issuance for individual buildings along with City sewer and water connection fees. Attachments: 22310 CDB Staff Report.pdf Report compiled on: August 1, 2023 35 Page 1 of 19 22310 Staff Report for theMayfly Townhomes Subdivision Preliminary Plat Public Meeting/Hearing Dates: Planning Board meeting - Monday, August 7, 2023 at 6:00 pm. City Commission meeting will be held Tuesday, August 22, 2023 at 6:00 pm Project Description: A preliminary plat requesting to subdivide four large lots into a 46 lot major subdivision for townhomes and two-household dwellings (duplexes) in Norton East Ranch Phase 4. The subdivision proposes to create 62 homes comprised of 30 townhome units and 32 duplex units, as well as four open space parcels to facilitate pedestrian access and lot frontage. Project Location: The property is described as Lots 1-4 of Block 11, Norton Ranch East Subdivision Phase 4, located northeast of the corner of Fallon Street and South Laurel Parkway. Staff Finding: The application conforms to standards and is sufficient for approval with conditions and code provisions. Recommended City Commission Motion: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 22310 and move to approve the subdivision with conditions and subject to all applicable code provisions. Report Date: July 31, 2023 Staff Contact: Danielle Garber, Associate Planner Cody Flammond, Project Engineer Agenda Item Type: Action (Quasi-judicial) EXECUTIVE SUMMARY This report is based on the application materials submitted and public comment received to date. The application materials are available in the City’s Laserfiche archive and may be accessed through the Community Development viewer as well. No public comments have been received as of the writing of this report. Should written public comments be received they will be included in the City’s Laserfiche archive and available to the public. Unresolved Issues. There are no unresolved issues with this application. 36 22310 Staff Report for Mayfly Townhomes Subdivision Page 2 of 19 Project Summary The Department of Community Development received a Preliminary Plat Application on September 23, 2022 requesting to subdivide 5.478 acres to create 30 townhouse lots, 16 two- household (duplex) lots, 4 open space lots, and four alleys, named Anders Place, Betty Lane, Seed (formerly Gray) Way, and Nye Place. The site is currently subdivided as a part of Phase 4 of Norton Ranch East Subdivision as Block 11, Lots 1-4. Each existing lot is about 1.375 acres and was originally subdivided to develop as multi-household residential. Each of the named alleys will provide vehicular access to the site from these existing streets: Fallon Street, South Laurel Parkway, Mayfly Street, and Pond Lily Drive. Pedestrian access and frontage for some of the proposed lots will be via two north-south sidewalks proposed to run through the 4 open space lots, as well as direct frontage on the existing surrounding public streets. The property is currently wholly surrounded by existing subdivided, zoned, and developed or developing land within City Limits. The property was previously subdivided under Norton Ranch East Phase 4. That plat was recorded on April 22, 2020. The property is zoned R-4. On June 30, 2023 the Development Review Committee (DRC) found the application sufficient for continued review and recommends the conditions and code provisions identified in this report. The subdivider did not request any subdivision or zoning variances with this application. The City did not receive any written public comment on the application as of the writing of this report. This subdivision review is subject to 76-3-616 Montana Code Annotated (MCA). The final decision for this preliminary plat must be made by September 26, 2023. Community Development Board The Community Development Board acting in their capacity as the Planning Board is scheduled for August 7, 2023 at 6:00 pm. Alternatives 1. Approve the application with the recommended conditions; 2. Approve the application with modifications to the recommended conditions; 3. Deny the application based on the Commission’s findings of non-compliance with the applicable criteria contained within the staff report; or 4. Continue the public hearing on the application, with specific direction to staff or the subdivider to supply additional information or to address specific items. 37 22310 Staff Report for Mayfly Townhomes Subdivision Page 3 of 19 TABLE OF CONTENTS EXECUTIVE SUMMARY ............................................................................................................ 1 Unresolved Issues. .............................................................................................................. 1 Project Summary ................................................................................................................. 2 Community Development Board ........................................................................................ 2 Alternatives ......................................................................................................................... 2 SECTION 1 – MAP SERIES .......................................................................................................... 4 SECTION 2 – REQUESTED VARIANCES ................................................................................. 7 SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL ............................................ 7 SECTION 4 – CODE REQUIREMENTS ..................................................................................... 7 SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS .............................................. 9 SECTION 6 – STAFF ANALYSIS and findings ......................................................................... 10 Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC. .......................... 10 38.220.060 Documentation of compliance with adopted standards ................................. 12 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 16 APPENDIX B – DETAILED PROJECT DESCRIPTION .......................................................... 17 APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 18 APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................. 18 FISCAL EFFECTS ....................................................................................................................... 18 ATTACHMENTS ......................................................................................................................... 18 38 22310 Staff Report for Mayfly Townhomes Subdivision Page 4 of 19 SECTION 1 – MAP SERIES Exhibit 1 – Zoning 39 Page 5 of 19 Exhibit 2 – Community Plan 2020 Future Land Use 40 Page 6 of 19 Exhibit 4 – Preliminary Plat Exhibit 5 – Landscaping Plan 41 Page 7 of 19 SECTION 2 – REQUESTED VARIANCES The subdivider did not request any subdivision or zoning variances with this preliminary plat application. SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. These conditions are specific to this project. Recommended Conditions of Approval: 1. The final plat must conform to the standards of the Montana Subdivision and Platting Act and Bozeman Municipal Code. 2. The applicant must provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) on City standard form for the following: a. Street improvements to South Laurel Parkway from Vaughn Drive to Huffine Lane. b. Street improvements to Fallon Street from North Cottonwood Road to South Eldorado Avenue. c. Intersection improvements at South Cottonwood Road and West Babcock Street. d. Intersection improvements at Fallon Street and South Cottonwood Road. e. Intersection improvements at South Laurel Parkway and West Babcock Street. f. Intersection improvements at Fallon Street and South Laurel Parkway. g. Intersection improvements at South Laurel Parkway and Huffine Lane. The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of the improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. The applicant must provide a copy of the filed SID waiver prior to final plat approval. SECTION 4 – CODE REQUIREMENTS 1. Sec. 38.100.080 – Compliance with regulations required. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. Sec. 38.410.060. - Easements. a. All Easements indicated below must be provided on city standard easements templates. Drafts must be prepared for review and approval by the city. Signed hard copies of the easements must be submitted to the City prior final plat approval. The applicant may contact the review engineer to receive standard templates. b. The applicant must provide a ten foot utility easement (power, gas, communication, etc.) along the developments property frontage. 42 22310 Staff Report for Mayfly Townhomes Subdivision Page 8 of 19 c. The applicant must provide a ten-foot wide drain tile maintenance easement along the drain tile alignment on the subject property prior to final plat approval. d. Public access easements are required for the two north-south pedestrian walks proposed to mitigate block length and facilitate frontage for interior lots. e. The final plat must provide all necessary utility easements and they must be described, dimensioned and shown on each subdivision block of the final plat in their true and correct location. 3. Sec. 38.410.130 - Water adequacy. Compliance with the water adequacy code section must be achieved prior to final plat approval. The Cash-in-lieu of water rights (CILWR) fee for the project must be finalized and paid prior final plat approval. As the open space lots are proposed to be irrigated using an exempt groundwater well, the CILWR fee can be finalized until a determination is provided from the DNRC confirming the allowance of the well. 4. Sec. 38.400.070 - Subdivision lighting special improvement lighting district (SILD). SILD information must be submitted to the City and the district formed after preliminary plat approval in hard copy and digital form. Any final plat application will not be deemed complete until the resolution to create the SILD has been approved by the City Commission. The initial adoption of the special improvement lighting district shall include the entire area of the preliminary plat. The approval to create or annex to an existing SILD must be granted prior to final plat approval. 5. Sec. 38.240.410 through 38.240.540. Plat certificates. The language contained in the certificates on the plat must follow the language in the corresponding certificates. a. The Director of Public Works no longer exists, the applicable plat certificates will need to be updated to Director of Transportation and Engineering with final plat. b. The dedication block lists parks and playgrounds that this subdivision is not providing. These must be removed from the dedication for final plat. c. The Certificate Accepting Cash Donation In-Lieu of Land Dedication must be added to the final plat. 6. DSSP Sections IV.H and IV.J. Mid-block crosswalks with proper lighting, pedestrian ramps, and striping shall be installed at all locations where pathways will cross the adjacent streets prior to final plat approval. 7. Sec. 38.270.070 Traffic impacts. The applicant has indicated in the traffic impact study (TIS) that the Fallon Street and Cottonwood Road intersection will fall below the level of service standards defined in BMC 38.400.060 and the intersection will require improvements. These improvements are scheduled within three years in the City's Capital Improvements Plan (Project A & C012) and are eligible for payment of cash-in-lieu of capital facilities. Prior to final plat approval, the applicant must pay the development's proportionate share of the improvements' costs. 8. DSSP Section V.D. The applicant must provide adequate water and sewer easement around the fire hydrant so that the hydrant is no less than nine feet from the easement boundary. The applicant must label the easement on the plat and provide the easement dedication prior to final plat approval. 43 22310 Staff Report for Mayfly Townhomes Subdivision Page 9 of 19 9. Sec. 38.420.030 Cash donation-in-lieu of land dedication. The applicant must update the parkland tracking table to reflect the appraisal value in effect at the time of final plat application. 10. Sec. 38.220.070 Final plat notations. Among others the final plat must contain the following notations on the conditions of approval sheet. d. Due to known high groundwater conditions in the area no basements will be permitted with future development of the site. No crawl spaces will be permitted with future development of the site, unless a professional engineer registered in the State of Montana certifies that the lowest point of any proposed structure is located above the seasonal high groundwater level and provide supporting groundwater data prior to the release of building permit. In addition, sump pumps are not allowed to be connected to the sanitary sewer system. Sump pumps are also not allowed to be connected to the drainage system unless capacity is designed into the drainage system to accept the pumped water. Water from sump pumps may not be discharged onto streets, such as into the curb and gutters where they may create a safety hazard for pedestrians and vehicles. e. Homes on corner lots shall have the same orientation as homes on the interior of the block. Lots fronting open space shall have building fronts facing the open space. f. Plat note 6 must be revised to match the updated language in Sec. 38.270.060.D.2 Improvements and securities. The length of time for improvements agreements for public sidewalks must not exceed one year from the date of final plat approval 11. Sec. 38.220.300 and 310 Property owners’ association. Property owners’ association (POA) documents including covenants must be provided with the final plat prior to being finalized and recorded. The POA documents must include the requirements of BMC 38.220.300, 310, and 320 where applicable. SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS The Development Review Committee (DRC) determined the application was sufficient for continued review and recommended approval with conditions on June 30, 2023. Planning Board meeting will be held Monday, August 7, 2023 at 6:00 pm at 121 N Rouse in the City Commission chambers. City Commission meeting will be held Tuesday, August 22, 2023 at 6:00 pm at 121 N Rouse in the City Commission chambers. 44 22310 Staff Report for Mayfly Townhomes Subdivision Page 10 of 19 SECTION 6 – STAFF ANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis in this report is a summary of the completed review. Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC. In considering applications for subdivision approval under this title, the advisory boards and City Commission shall consider the following: 1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and Platting Act The preliminary plat was prepared in accordance with the surveying and monumentation requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered in the State of Montana. As noted in the code requirements, the final plat must comply with State statute, Administrative Rules of Montana, and the Bozeman Municipal Code. 2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act The final plat must comply with the standards identified and referenced in the Bozeman Municipal Code. The subdivider is advised that unmet code provisions, or code provisions not specifically listed as a condition of approval, do not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law. Sections 3 and 4 of this report identify conditions and code provisions necessary to meet all municipal standards. The listed code requirements address necessary documentation and compliance with standards. Therefore, upon satisfaction of all conditions and code corrections the subdivision will comply with the subdivision regulations. 3) Compliance with the local subdivision review procedures provided for in Part 6 of the Montana Subdivision and Platting Act The Bozeman Planning Board public meeting and City Commission public 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, 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 on September 23, 2022. The DRC reviewed the preliminary plat application and determined the 45 22310 Staff Report for Mayfly Townhomes Subdivision Page 11 of 19 submittal did not contain detailed, supporting information that was sufficient to allow for the continued review of the proposed subdivision on November 30, 2022. A revised application was received on January 3, 2023. The DRC found that the revised information was still not sufficient for continued review on January 31, 2023. A revised application was received on February 14, 2023. The DRC found that the revised information was still not sufficient for continued review on March 14, 2023. A revised application was received June 6, 2023. The DRC determined the application was adequate for continued review on June 30, 2023 with recommended conditions of approval and code corrections. The City scheduled public notice for this application to begin on Monday, July 17, 2023. The applicant sent public notice to adjacent landowners of record within 200-feet of the subject property via first class mail and posted two notice boards on the site on July 14, 2023. No public comment had been received on this application as of the writing of this report. July 31, 2023 this major subdivision staff report was completed and forwarded with a recommendation of conditional approval for consideration to the Planning Board. 4) Compliance with Chapter 38, BMC and other relevant regulations Community Development staff and the DRC reviewed the preliminary plat against all applicable regulations and the application complies with the BMC and all other relevant regulations with conditions and code corrections. This report includes Conditions of Approval and required code provisions as recommended by the DRC for consideration by the City Commission to complete the application processing for final plat approval. All municipal water and sewer facilities will conform to the regulations outlined by the Montana Department of Environmental Quality and the requirements of the Design Standards and Specifications Policy and the City of Bozeman Modifications to Montana Public Works Standard Specifications. Water/sewer – Water capacity exists to serve the subdivision. The proposed water system will tie into existing mains installed during different phases of the North East Ranch Subdivision. The water system will be looped into the City system via extensions proposed via easement through the alley right of ways. Waste water is proposed to floor north and west down the proposed alleys to tie into existing sanitary sewer infrastructure in South Laurel Parkway. Peak sewer flow rates and designs were reviewed by the Engineering Division to ensure adequate capacity. Easements – The applicant is required to provide all necessary public and private easements on City standard easement templates with the final plat application to facilitate services to and through the subdivision. These include easements for ten-foot private utility easements along the front of each lot, a 10-foot wide drain tile easement, and public access easements along the two north-south pedestrian walks. Parks – A developed park sits directly across May Fly Street to the north of the proposed subdivision. Parcels along the north edge of the subdivision will have front doors facing this 46 22310 Staff Report for Mayfly Townhomes Subdivision Page 12 of 19 park. The subject property is also within ¼ mile of 4 other public parks in the Norton Ranch neighborhood. With the Phase 4 plat of Norton Ranch Subdivision 1.31 acres of parkland remains allocated for the subject property (Block 11). The total parkland obligation for the development is 1.51 acres. Cash-in-Lieu of parkland is proposed to meet the additional dedication of 0.20 acres, this is estimated at $19,740.02. A final valuation will be required at the time of final plat prior to payment of the required cash-in-lieu. Parks planners reviewed the CIL proposal and found it to be consistent with Resolution 4784. Stormwater – The subdivision will construct stormwater facilities to conform to municipal code. Stormwater runoff is proposed to be collected by the proposed alleys and conveyed to existing storm drain inlets and one new inlet on Pond Lily Drive via the surrounding curb and gutter system. The runoff will move through storm sewer system pipes to the existing detention ponds constructed with the first phase of Norton Ranch Subdivision. Phase 4 of Norton Ranch expanded the size of the ponds to receive runoff from the subject property, an additional expansion with this development is proposed to match required stormwater capacity with known development. Peak runoff rates were provided by the applicant and reviewed by the Engineering Division to ensure capacity in the existing detention basins. Police/Fire – The area of the subdivision is within the service area of both these departments. No concerns on service availability have been identified. Proposed street names and addresses have been reviewed by the Fire Department, GIS, and the 911 center. 5) The provision of easements to and within the subdivision for the location and installation of any necessary utilities The final plat will provide and depict all necessary utilities and required utility easements. Code requirement No. 2 requires that all easements, existing and proposed, must be accurately depicted and addressed on the final plat and in the final plat application. Public utilities are located within dedicated alley right of way. 6) The provision of legal and physical access to each parcel within the subdivision and the notation of that access on the applicable plat and any instrument transferring the parcel The final plat will provide legal and physical access to each parcel within the subdivision. All of the proposed lots will have frontage on public streets or a greenway corridor constructed to City standards with lot frontage meeting minimum standards shown on the preliminary plat. Four named alleys are proposed to provide vehicular access to all proposed lots. Pedestrian access is proposed through a combination of public street frontage and greenway corridors as permitted under BMC 38.400.090.B.2.c. 38.220.060 Documentation of compliance with adopted standards The Development Review Committee (DRC) completed a subdivision pre-application plan review on June 9, 2022 and no variances were requested. The applicant requested and was 47 22310 Staff Report for Mayfly Townhomes Subdivision Page 13 of 19 granted waivers for Surface Water, Floodplain, Vegetation, Wildlife, Agriculture, Agricultural Water User Facilities, Neighborhood Center Plan, Miscellaneous, and Affordable Housing. Staff offers the following summary comments on the documents required with Article 38.220.060, BMC. 38.220.060.A.1 – Surface water No existing streams or surface water features are located within or adjacent to the proposed subdivision. The requirement for surface water documentation was waived. 38.220.060.A.2 - Floodplains No mapped 100-year floodplains impact the subject property. The requirement for a floodplain report was waived. 38.220.060.A.3 - Groundwater A geotechnical site evaluation was completed between April 2022 and August 2022 and included two test pits, indicating groundwater at depths ranging from 2.5 feet to 4 feet over time. A condition of approval will restrict the construction of basements. No crawl spaces will be permitted with future development of the site, unless a professional engineer registered in the State of Montana certifies that the lowest point of any proposed structure is located above the seasonal high groundwater level and provide supporting groundwater data prior to the release of building permit. 38.220.060.A.4 - Geology, Soils and Slopes This subdivision will not significantly impact the geology, soils or slopes. No significant geological features or slopes exist on the site. 38.220.060.A.5 - Vegetation This subdivision will not significantly impact vegetation. The subject parcels are surrounded by city streets and graded for development. The requirement for a vegetation map and protective measures was waived. 38.220.060.A.6 - Wildlife This subdivision will not significantly impact wildlife. A waiver for wildlife was granted during the Pre-Application process. The subject parcels are surrounded by city streets and developed areas. 38.220.060.A.7 - Agriculture This subdivision will not impact agriculture. A waiver for agriculture was granted during the Pre-Application process. 38.220.060.A.8 - Agricultural Water User Facilities This subdivision will not impact agricultural water user facilities. No irrigation facilities are present on the lots. No water body alterations are proposed. 48 22310 Staff Report for Mayfly Townhomes Subdivision Page 14 of 19 38.220.060.A.9 - Water and Sewer The subdivision will not significantly impact city water and sewer infrastructure. Water and sewer improvements will be designed to meet City of Bozeman Standards and State Department of Environmental Quality Standards and Regulations. See discussion above under primary review criteria. 38.220.060.A.10 - Stormwater Management The subdivision will not significantly impact stormwater infrastructure. See discussion above under primary review criteria. 38.220.060.A.11 - Streets, Roads and Alleys The subdivision will not significantly impact the City’s street infrastructure. No new streets are proposed with the subdivision. Access to the existing street grid is proposed from all 4 surrounding streets via the proposed alleys. This proposed subdivision will include City standard sidewalks around its perimeter, and two north-south pedestrian paths through the development to facilitate pedestrian access. These pathways are required by code provisions to have public access easements to ensure legal pedestrian movement through the site to nearby parks and trails. A traffic impact study (TIS) was prepared in November 2022 for the Urban Farm Subdivision to the south and included the subject property. An additional traffic impact letter (TIL) was prepared in July 2022 with trip generation estimates and analysis to support the inclusion of the drive access from South Laurel Parkway, classified as a collector street, 110-feet from the intersection of May Fly Street, as well as additional traffic figures, and capacity and level of service analysis. The City’s reviewing engineer reviewed both for compliance with city standards and methods and assessed impacts. A waiver of right to protest creation of special improvement districts (SID’s) is a required condition of approval and will ensure proportional contribution by the subject property for future road and intersection improvements to South Laurel Parkway, Fallon Street, South Cottonwood Road and West Babcock Street. A code provision also requires payment into the City’s Capital Improvements Plan (CIP) fund to ensure improvements of the Fallon Street and Cottonwood Road intersection, which is anticipated to fall below the level of service standards defined in BMC 38.400.060 and the intersection will require improvements. These improvements are scheduled within three years in the CIP (Project A&C012) and are eligible for payment of cash-in-lieu of capital facilities. Prior to final plat approval, the applicant must pay the development's proportionate share of the improvements' costs. 38.220.060.A.12 – Non-Municipal Utilities The applicant has received confirmation of future service from Northwestern Energy and internet providers. 49 22310 Staff Report for Mayfly Townhomes Subdivision Page 15 of 19 38.220.060.A.13 - Land Use The subdivision will not significantly impact land use. The proposed subdivision will create lots to accommodate townhomes and two-household dwellings (duplexes). These uses are existing in the neighborhood and principle uses in the R-4 zoning district. 38.220.060.A.14 - Parks and Recreation Facilities This proposed subdivision will be required to provide cash-in-lieu of parkland as determined by the Parks Department. Because this is an infill development of only 5.48 acres, there is not adequate land within the subject property to accommodate a beneficial park. There are several parks in the Norton Ranch park system that are within a 10 minute walk from the proposed development and one park immediately adjacent. 38.220.060.A.15 - Neighborhood Center Plan The subdivision was granted a waiver to the neighborhood center plan requirement during Pre- Application review. This project will not be providing a neighborhood center due to the relatively small size of the development area. 38.220.060.A.16 - Lighting Plan This subdivision will not significantly impact lighting. Perimeter street lights will be installed. The applicant is required to install lighting at mid-block pedestrian crossings. All new public lighting must be annexed into an existing special improvement lighting district (SILD) or a new SILD must be created prior to final plat approval. 38.220.060.A.17 - Miscellaneous The proposed subdivision is not located within 200 feet of any public land access or within a delineated Wildland Urban Interface area. No health or safety hazards on-site or off-site will be created with this development. Documentation for this code section was waived during Pre- Application review. 38.220.060.A.18 - Affordable Housing This application does not rely on incentives authorized in 38.380. Therefore, no analysis is required. 38.220.060.A.19 – Adopted Growth Policy This proposal furthers the adopted growth policy. The subdivision is zoned R-4 which anticipates residential development at this scale. Refer to Appendix A below, Project Site Zoning and Growth Policy for further discussion on the adopted growth policies this proposal supports. 50 22310 Staff Report for Mayfly Townhomes Subdivision Page 16 of 19 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The subject property is zoned R-4, Residential High Density District. 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. Adopted Growth Policy Designation: Table 4 of the Bozeman Community Plan 2020 shows the correlation between future land use map designations and implementing zoning districts. (See below for the Table) The subject property is designated as Urban Neighborhood. This category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single 51 22310 Staff Report for Mayfly Townhomes Subdivision Page 17 of 19 type of housing are discouraged. In limited instances, an area may develop at a lower gross density due to site constraints and/or natural features such as floodplains or steep slopes. Complementary uses such as parks, home-based occupations, fire stations, churches, schools, and some neighborhood-serving commerce provide activity centers for community gathering and services. The Urban Neighborhood designation indicates that development is expected to occur within municipal boundaries. This may require annexation prior to development. This proposed subdivision is well-suited to implement the Urban Neighborhood designation by providing lots that will support a variety of housing types including townhouses, and duplex units in an existing developed residential area. The townhouse and two-household lots will support construction of “missing middle” housing which is contemplated throughout the Bozeman Community Plan 2020. The proposed subdivision is also located in a connected area with relatively quick access to a variety of goods and services. The proposed subdivision meets the following Bozeman Community Plan 2020 goals: N-1.1 Promote housing diversity, including missing middle housing N-1.10 Increase connectivity between parks and neighborhoods through continued trail and sidewalk development. Prioritize closing gaps within the network. APPENDIX B – DETAILED PROJECT DESCRIPTION Project Background and Description A preliminary plat application by the applicant, Hyalite Engineers, PLLC, 2304 N. 7th Ave., Suite L, Bozeman, MT 59715 representing the property owner Fallon First, LLC, PO Box 160250, Big Sky, MT 59716 was submitted on September 23, 2022. This Preliminary Plat Application is requesting to subdivide 5.478 acres to create 30 townhouse lots, 16 two-household (duplex) lots, 4 open space lots, and four alleys, named Anders Place, Betty Lane, Seed (previously Gray) Way, and Nye Place. The site is currently subdivided as a part of Phase 4 of Norton Ranch East Subdivision as Block 11, Lots 1-4. Each existing lot is about 1.375 acres and was originally subdivided to develop as multi-household residential. The current owners are proposing to further subdivide into smaller lots instead of develop the existing larger lots by site plan. The property is currently wholly surrounded by existing subdivided, zoned, and developed or developing land within City Limits. Surrounding uses include townhomes, single household residential, and apartments. The property was previously subdivided under Norton Ranch East Phase 4 and that plat was recorded on April 22, 2020. On June 30, 2023 the Development Review Committee (DRC) found the application sufficient for continued review and recommends the conditions and code provisions identified in the staff report. The subdivider did not request any subdivision or zoning variances with this application. The applicant requested and was granted waivers with the pre-application plan review on June 9, 2022 for surface water, floodplains, vegetation, wildlife, agriculture, agricultural water user 52 22310 Staff Report for Mayfly Townhomes Subdivision Page 18 of 19 facilities, neighborhood center plan, miscellaneous, and affordable housing. The subject property is zoned R-4, Residential High Density, and the underlying growth policy designation is Urban Neighborhood. This subdivision meets the criteria for review under 76-3-616 Montana Code Annotated (MCA) - Exemption for Certain Subdivisions. This statute exempts this subdivision from the public hearing requirement. Per BMC 38.240.100 the final decision for this preliminary plat must be made within 60 working days from sufficiency, or by September 26, 2023. APPENDIX C – NOTICING AND PUBLIC COMMENT Notice was provided at least 15 and not more than 45 days prior to the City Commission public meeting per BMC 38.220.420. The applicant posted public notice on the subject property on July 14, 2023. The applicant sent public notice to all other landowners of record within 200-feet of the subject property via first class mail, on July 14, 2023. As of the writing of this report no public comment has been received. APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF Owner: Fallon First, LLC, PO Box 160250, Big Sky, MT 59716 Applicant: Hyalite Engineers, PLLC, 2304 N. 7th Ave., Suite L, Bozeman, MT 59715 Representative: Hyalite Engineers, PLLC, 2304 N. 7th Ave., Suite L, Bozeman, MT 59715 Report By: Danielle Garber, Associate Planner FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this subdivision. ATTACHMENTS Application materials – Available through the Laserfiche archive, the full file is linked below. Application Documents Application Plans The application documents folder will contain the infrastructure reports including water, sewer, stormwater, and traffic impacts, as well as documentation to demonstrate compliance with Chapter 38 including compliance with adopted standards required in BMC 38.220.060. 53 22310 Staff Report for Mayfly Townhomes Subdivision Page 19 of 19 The application plans folder will contain the full plat set, as well as the overall site plan, proposed landscaping plans, proposed utility designs, and proposed alley plans. The full application and file of record can be viewed digitally by navigating to the City’s Project Information Portal website, select the “Project Documents Folder” link and navigating to application 22310, as well as digitally at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. 54 Memorandum REPORT TO:Community Development Board FROM:Jon Henderson, Strategic Services Director SUBJECT:Gallatin Valley Sensitive Lands Protection Plan MEETING DATE:August 7, 2023 AGENDA ITEM TYPE:Plan/Report/Study RECOMMENDATION:Gallatin Valley Sensitive Lands Protection Plan 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: Animal Welfare Institute 55 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 public access is limited. 56 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 introduction to the project in anticipation of the Community Development Board's future consideration as it relates to changes to the Montana Land Use Planning Act in Senate Bill 382, for compliance with the Bozeman Community Plan adopted in 2020 (land use plan). 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. ALTERNATIVES:As suggested by the Community Development Board. 57 FISCAL EFFECTS:None. Attachments: Data Modeling Methods by Theme.pdf Preliminary Tool List.pdf Report compiled on: August 2, 2023 58 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. 59 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 60 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 61 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 62 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 63 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 64 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 65 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 66 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. 67 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. 68 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. 69 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. 70 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. 71 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. 72 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. 73 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. 74 Memorandum REPORT TO:Community Development Board FROM:Chris Saunders, Community Development Manager Erin George, Community Development Deputy Director Anna Bentley, Community Development Director SUBJECT:Overview of Unified Development Code Public Review Process in Fall 2023. MEETING DATE:August 7, 2023 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:Receive information. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:On December 21, 2021, the City Commission adopted Resolution 5368 [External Link PDF]. The resolution established priorities for municipal actions over the next two years. Priorities include replacing the Unified Development Code to “facilitate increased housing density, housing affordability, climate action plan objectives, sustainable building practices, and a transparent, predictable and understandable development review process.” The City Commission budgeted funds for the work and a contract with Code Studio was completed in June 2022 to support the City in changing regulations. Substantial progress has been made on the project and the formal public review process will begin shortly. Bozeman implements land use planning, subdivision, and zoning as required by the City Charter and authorized by the State of Montana and adopted existing regulations under the laws in effect at the time. The Governor signed Senate Bill 382, the Montana Land Use Planning Act (the Act) on May 17, 2023. The Act changes the rules for land use planning, subdivision, and municipal zoning. Section 5 of the Act says which communities it applies to. Some communities must follow the Act and others may choose to. Bozeman must follow the Act in its planning, subdivision, and zoning activities. Staff provided an overview of the Act at the July 17th Community Development Board meeting. A presentation on the Act and the UDC replacement was provided to the City Commission on July 25th. This update focuses on the work replacing local regulations that the City 75 began in 2022 based on years of community outreach and development of plans. The initial work was expected to be an update to existing regulations. Due to the large number of process change requirements from the Act it was determined that it would be a more clear and simpler process to replace the entire Chapter 38, including the zoning map. Therefore, this update process has been adjusted to account for the new requirements of the Act adopted in May 2023. Prior to adoption of any regulation the City must provide for public notice and input on the zoning document and map. The City adopted a public engagement plan prior to beginning the code update process in 2022. A website [External Link] was created on August 11, 2022, to provide continuous information to the public, accept public comment, and support interaction and discussion on ideas. The City Commission conducted six work sessions to evaluate issues and give direction. Work sessions were also held by the Community Development Board. The City is using a variety outreach efforts to reach the maximum number of citizens including a utility bill mailer (see attached), in-person interviews, presentations to community groups, and on-line and in-person brochure tools to gather input which influenced the draft document. All received public comment was tracked and archived. The primary input for the UDC update and replacement came from the adopted growth policy, community housing action plan, and sustainability plan, each of which had their own substantial public outreach and inclusion efforts. A report on the public engagement to date has been added to the project website, engage.bozeman.net/udc. Major areas of improvements with the UDC replacement include: Compliance with revised and new state law - These are primarily process changes and are summarized in the attachment regarding SB 382. Layout and usability enhancements including changed organization, layout, and increased graphics. Consolidation of residential districts. Sustainability including facilitation of electric vehicle charging, urban agriculture allowances, support for recycling and composting, clarification for solar energy, and bicycle facilities. Revisions and simplification for non-residential parking including some removal of parking requirements. Revisions to requirements for transportation studies and standards. Adjustments to support additional housing construction as required by the Act. The City has conducted continuous and varied outreach to the public on the code update. As the work moves into the formal public review and decision process the City will continue engaging with the public. Many public hearings, public meetings, and other outreach events are scheduled. See the attached meetings list. 76 UNRESOLVED ISSUES:A public release of the document will be provided for review before any public hearings begin ALTERNATIVES:Not applicable FISCAL EFFECTS:Funds for the UDC update have been budgeted. Attachments: Key Dates List - CDB 8-7-2023.pdf SB382 City Commission summary July 25, 2023.pdf SB0382 - Montana Land Use Planning Act.pdf Report compiled on: August 3, 2023 77 Anticipated Key Dates in Bozeman Unified Development Code Replacement Public Review Aug 14th – Public Review draft document posted for public access to Engage.Bozeman.net/udc Aug 23rd -24th – Two in-person open houses for public overview of the draft and questions/answers 23rd – Fire Station 3 Community Room – 1705 Vaquero Parkway, 5:30-7 24th – City Hall, City Commission Room – 121 N. Rouse Avenue, 11:30-1:30 August 28th – Code Connect on-line through Engage.Bozeman.net/udc for remote overview and questions/answers Advisory Boards Other Than Community Development Board Sustainability Board – project overview August 9th Sustainability Board – Recommendation September 13th Historic Preservation Advisory Board – project overview August 16th Historic Preservation Advisory Board – Recommendation September 21st (tentative) Transportation Advisory Board – project overview August 23rd Transportation Advisory Board – Recommendation September 27th Economic Vitality Board – project overview September 6th Economic Vitality Board – Recommendation October 4th InterNeighborhood Council – project overview/Q&A September 14th (No recommendation to be requested due to the nature of the board) Community Development Board Public hearings as currently scheduled • Sept 11th Community Development Board – Overview presentation and hearings start • Sept 18th Community Development Board public hearing • Oct 2nd Community Development Board public hearing • Oct 16th Community Development Board vote and recommendation on both map and text City Commission Public meetings/hearings as currently scheduled • Oct 24th City Commission – Overview presentation • Nov 14th City Commission public hearing 78 • Nov 21st City Commission public hearing • Nov 28th City Commission public hearing - provisional adoption text and map • Dec 19th City Commission final adoption – text and map 79 Summary of Senate Bill 382, Montana Land Use Planning Act, and Impacts on Unified Development Code Replacement Bozeman implements land use planning, subdivision, and zoning as authorized by the State of Montana. The City adopted zoning in 1934 and adopted its first community master plan in 1958. The City has entirely replaced zoning and subdivision regulations 20 times since initial adoption. The City again is repealing and readopting the entire zoning regulations and map as well as its subdivision regulations. The 2023 Legislature adopted Senate Bill 382, the Montana Land Use Planning Act (the Act) which took effect immediately upon signing on May 17, 2023. The Act has not yet been codified so we cannot yet refer to standard statutory citations. Some communities within large counties must follow the Act and others may choose to. Bozeman is required to follow the Act in its planning, subdivision, and zoning activities. This agenda item is an overview of the bill and impacts that will affect the replacement of the Unified Development Code. This will create many implications for development review practices. Bozeman already uses many of the required practices as part of its daily activities, but some changes are needed to fully implement the bill. 1. Per Section 5, paragraph 4, of the Act, Bozeman is no longer subject to Title 76, chapters 1, 2, 3, or 8 MCA once we have adopted regulations in compliance with the Act. This means the Act has replaced all the governing laws Bozeman has used in the past to establish the composition, roles, and characteristics of the planning board and growth policy. Such as the Montana Subdivision and Platting Act and zoning enabling acts. These older statutes have been in place for at least 50 years, were not well coordinated at the state level, and created a lot of overlapping review and work for all participants. The intention of the Act is to coordinate planning and development review actions to prevent duplicative processes and provide a more seamless review process. The Act changes the duties of the Community Development Board, removes requirements for the Community Development Board to consider any subdivision reviews, limits governing body reviews to only final subdivision plats, removes the existing criteria and protest provisions for zoning adoption and amendments, changes notice and public engagement requirements, and other changes. An additional consequence is various bills in the 2023 Legislature that amend Title 76, chapters 1, 2, 3, or 8 MCA subdivision and planning enabling legislation do not apply to Bozeman once SB 382 implementing regulations are adopted. Some elements of those bills have been included in Senate Bill 382. As the City is required to implement SB 382 there is some overlap between the different legislation but only to the extent that SB 382 governs. 2. Public participation. Bozeman has a strong culture of public engagement. The City has established the Engage Bozeman website as an overall engagement portal for large City projects. Section 6 describes the requirements for public engagement. The methods and timing of outreach needs to be identified in a public participation plan at the beginning of a process and can vary by community and subject. This is a much more extensive requirement than is in the prior enabling acts. 80 Summary of Senate Bill 382, Montana Land Use Planning Act, and Impacts on Unified Development Code Replacement The Act places substantial emphasis on the public engaging early and often during the planning process and creation of regulations. Public outreach needs to be an on-going process during development of plans and regulations. Not all activities require the same degree of outreach. The exact nature of outreach needs to be the subject of a public participation plan at the beginning of a process and can vary by community and subject. The Act requires early identification and evaluation of the impacts of development and public engagement at the beginning of a review or plan development. Once an issue has been raised and evaluated then the issue considered settled. Any subsequent application relying on those findings and conclusions are not subject to further public comment but are subject to any regulations based on those earlier findings and conclusions. If an application has impacts greater than expected with the land use and issue plans, notice is limited to only those impacts and public comment is only received in writing; there are not public hearings for subdivisions or zoning projects. Sections 22 and 29 describe the limitations. 3. Land Use and Issue Plans. The Act requires preparation of a Land Use Plan. This replaces the term growth policy. There are many similarities between the two types of documents. A Land Use Plan has more detailed content to be addressed. See Section 7, 9-14, and 17 of the Act for the detailed contents. Section 15 authorizes area plans. These are the same as neighborhood plans like the Downtown plan and allows more localized analysis. Bozeman’s planning practice has followed the more detailed approach required in the new statute. Section 16 authorizes a community to adopt Issue Plans. An issue plan is a separate document that analyzes a specific subject within the scope of a Land Use Plan and can provide the needed information for statutory compliance. The City has many of these types of plans now such as the transportation and sewer facility plans. Those plans continue forward as currently established. See page 19 of the Bozeman Community Plan 2020 for a list of these plans and other documents. As the existing growth policy and facility plans are updated, they will be reviewed and adopted consistent with the requirements of the Act. One change in this process by the Act is that the Planning Commission (Community Development Board) has a responsibility to review all Issue Plans and make a recommendation to the City Commission regarding their adoption and consistency with the Land Use Plan. The Community Development Board recently performed this function for the PRAT plan. 4. Encourage development of housing. Housing availability and cost is a nationwide challenge. Bozeman has been active for many years in working to support construction of all housing and especially housing at lower cost ranges. Some communities have not materially updated their development standards for many decades. Section 19 of the Act requires a local government subject to the Act to include at least five strategies applicable to a 81 Summary of Senate Bill 382, Montana Land Use Planning Act, and Impacts on Unified Development Code Replacement majority of the jurisdictional area where residential development is permitted. Staff will provide an analysis with the UDC update identifying which of the strategies have been selected and to which percentage of the area they apply. Many of the alternatives, like accessory dwellings, are things that Bozeman has been doing for years. Some options are issues actively under development as part of the UDC update prior to passage of SB 382. 5. Amendment process changes. The former enabling acts had specific criteria for amendments to zoning and subdivision regulations that the public and decision makers have seen many times in staff reports. The zoning criteria were referred to as the Lowe criteria after a notable court case. None of those criteria carried forward into the Act. New criteria have been established for zoning and subdivision regulations. These criteria will be the standards against which the UDC replacement will be evaluated for all future amendments as well to regulations or zoning map. Sections 21 and 27 contain these requirements. The law also changes who may initiate amendments. One key change in the zoning amendment process is that there is no protest provision. The prior protest provisions gave some members of the community more influence on land use decisions than others. With removal of the protest provision all input carries the same weight and must be considered solely on the merits of the information presented. All decisions to approve or deny any amendment will be a simple majority of the City Commission. Public notice and comment during the amendment process is limited only to those areas not previously settled with adoption of a Land Use Plan or Issue Plan. If the amendment is consistent with the analysis and conclusions of the earlier documents it is not a proper subject for public notice or comment per the Act. 6. Development review processes. SB 382 changes development processes so that both subdivision and zoning site specific reviews are required to be administrative decisions with no advisory board participation. The planning commission’s role will be limited to the initial adoption and amendments to the land use plan and development regulations with final decision by city commission. As noted in item 2 above, public notice for both subdivision and zoning applications are restricted by the bill. Sections 22 and 29 describe the limitations. The City Commission will still be the body that approves final plats. The City Commission recently approved amendments to Chapter 2, BMC that allows the City Manager to accept and grant easements. This has simplified review processes. The Act requires that a Land Use Plan include a future land use map for areas where growth outside of the City is expected. The Bozeman Community Plan 2020 already has this map. Zoning to implement the future land use map is required even though it may not be in effect until annexation is completed. The draft regulations are expected to include designated districts that will be applicable upon annexation without further action to 82 Summary of Senate Bill 382, Montana Land Use Planning Act, and Impacts on Unified Development Code Replacement amend the zoning map. This action will substantially speed up the process of annexing property and will provide greater predictability to all. If an applicant wishes a different zoning district they can apply for a different district in conjunction with the annexation application. 7. Variances. The required criteria and process for variances, both subdivision and zoning, have been completely replaced and are now the same for both processes. Floodplains continue to have some criteria unique to them. A board of adjustment is no longer allowed to consider variances. All variances are now administrative reviews subject to the standard appeal processes. Variances do not require public hearings and may or may not require public notices depending on whether it is determined that the variance is within the impacts identified with prior planning work. Variances are still subject to high scrutiny and criteria to ensure they are only used appropriately. The standards and procedures for variances in the Act do not affect the deviation and departure processes that are uniquely Bozeman creations and are adopted for different reasons than variances. 8. Appeals. State law now provides a more complete process description for review of appeals. The board of adjustment is abandoned and no longer hears appeals. Appeals now have two administrative steps from the planning administrator (Director of Community Development) to the Planning Commission, and from the Planning Commission to the City Commission. As with current law, appeals from the City Commission go to District Court. 83 - 2023 68th Legislature 2023 SB0382 - 1 - Authorized Print Version – SB 382 ENROLLED BILL AN ACT CREATING THE MONTANA LAND USE PLANNING ACT; REQUIRING CITIES THAT MEET CERTAIN POPULATION THRESHOLDS TO UTILIZE THE LAND USE PLAN, MAP, ZONING REGULATIONS, AND SUBDIVISION REGULATIONS PROVIDED IN THE ACT; ALLOWING OTHER LOCAL GOVERNMENTS THE OPTION TO UTILIZE THE PROVISIONS OF THE ACT; REQUIRING PUBLIC PARTICIPATION DURING THE DEVELOPMENT, ADOPTION, OR AMENDMENT OF A LAND USE PLAN, MAP, ZONING REGULATION, OR SUBDIVISION REGULATION; PROVIDING STRATEGIES TO MEET POPULATION PROJECTIONS; PROVIDING FOR CONSIDERATION OF FACTORS SUCH AS HOUSING, LOCAL FACILITIES, ECONOMIC DEVELOPMENT, NATURAL RESOURCES, ENVIRONMENT, AND NATURAL HAZARDS WHEN DEVELOPING A LAND USE PLAN, MAP, AND ZONING REGULATION; PROVIDING FOR A PROCEDURE TO REVIEW SUBDIVISIONS AND APPROVE FINAL PLATS; PROVIDING FOR A LOCAL GOVERNING BODY TO COLLECT FEES; PROVIDING AN APPEALS PROCESS, ENFORCEMENT MECHANISMS, AND PENALTIES; PROVIDING DEFINITIONS; REPEALING SECTIONS 7-21-1001, 7-21- 1002, AND 7-21-1003, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND AN APPLICABILITY DATE. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA: Section 1. Short Title. [Sections 1 through 38] may be cited as the "Montana Land Use Planning Act". Section 2. Legislative purpose, findings, and intent. (1) It is the purpose of [sections 1 through 38] to promote the health, safety, and welfare of the people of Montana through a system of comprehensive planning that balances private property rights and values, public services and infrastructure, the human environment, natural resources, and recreation, and a diversified and sustainable economy. 84 - 2023 68th Legislature 2023 SB0382 - 2 - Authorized Print Version – SB 382 ENROLLED BILL (2) The legislature finds that coordinated and planned growth will encourage and support: (a) sufficient housing units for the state's growing population that are attainable for citizens of all income levels; (b) the provision of adequate public services and infrastructure in the most cost-effective manner possible, shared equitably among all residents, businesses, and industries; (c) the natural environment, including wildlife and wildlife habitat, sufficient and clean water, and healthy air quality; (d) agricultural, forestry, and mining lands for the production of food, fiber, and minerals and their economic benefits; (e) the state's economy and tax base through job creation, business development, and the revitalization of established communities; (f) persons, property, infrastructure, and the economy against natural hazards, such as flooding, earthquake, wildfire, and drought; and (g) local consideration, participation, and review of plans for projected population changes and impacts resulting from those plans. (3) It is the legislature’s intent that the comprehensive planning authorized in [sections 1 through 38]: (a) provides the broadest and most comprehensive level of collecting data, identifying and analyzing existing conditions and future opportunities and constraints, acknowledging and addressing the impacts of development on each jurisdiction, and providing for broad public participation; (b) serves as the basis for implementing specific land use regulations that are in substantial compliance with the local land use plan; (c) provides for local government approval of development proposals in substantial compliance with the land use plan, based on information, analysis, and public participation provided during the development and adoption of the land use plan and implementing regulations; and (d) allows for streamlined administrative review decisionmaking for site-specific development applications. 85 - 2023 68th Legislature 2023 SB0382 - 3 - Authorized Print Version – SB 382 ENROLLED BILL Section 3. Definitions. As used in [sections 1 through 38], unless the context or subject matter clearly requires otherwise, the following definitions apply: (1) "Aggrieved party" means a person who can demonstrate a specific personal and legal interest, as distinguished from a general interest, who has been or is likely to be specially and injuriously affected by the decision. (2) "Applicant" means a person who seeks a land use permit or other approval of a development proposal. (3) “Built environment” means man-made or modified structures that provide people with living, working, and recreational spaces. (4) “Cash-in-lieu donation" is the amount equal to the fair market value of unsubdivided, unimproved land. (5) "Certificate of survey" means a drawing of a field survey prepared by a registered surveyor for the purpose of disclosing facts pertaining to boundary locations. (6) "Dedication" means the deliberate appropriation of land by an owner for any general and public use, reserving to the landowner no rights that are incompatible with the full exercise and enjoyment of the public use to which the property has been devoted. (7) "Division of land" means the segregation of one or more parcels of land from a larger tract held in single or undivided ownership by transferring or contracting to transfer title to a portion of the tract or properly filing a certificate of survey or subdivision plat establishing the identity of the segregated parcels pursuant to [sections 1 through 38]. The conveyance of a tract of record or an entire parcel of land that was created by a previous division of land is not a division of land. (8) "Dwelling " means a building designed for residential living purposes, including single-unit, two- unit, and multi-unit dwellings. (9) "Dwelling unit" means one or more rooms designed for or occupied exclusively by one household. (10) “Examining land surveyor" means a registered land surveyor appointed by the governing body to review surveys and plats submitted for filing. (11) "Final plat" means the final drawing of the subdivision and dedication required by [sections 1 86 - 2023 68th Legislature 2023 SB0382 - 4 - Authorized Print Version – SB 382 ENROLLED BILL through 38] to be prepared for filing for record with the county clerk and recorder and containing all elements and requirements set forth in [sections 1 through 38] and in regulations adopted pursuant to [sections 1 through 38]. (12) "Four-unit dwelling" or "fourplex" means a building designed for four attached dwelling units in which the dwelling units share a common separation, such as a ceiling or wall, and in which access cannot be gained between the units through an internal doorway, excluding common hallways. (13) "Immediate family" means a spouse, children by blood or adoption, and parents. (14) "Irrigation district" means a district established pursuant to Title 85, chapter 7. (15) "Jurisdictional area" or "jurisdiction" means the area within the boundaries of the local government. For municipalities, the term includes those areas the local government anticipates may be annexed into the municipality over the next 20 years. (16) “Land use permit” means an authorization to complete development in conformance with an application approved by the local government. (17) “Land use plan” means the land use plan and future land use map adopted in accordance with [sections 1 through 38]. (18) “Land use regulations” means zoning, zoning map, subdivision, or other land use regulations authorized by state law. (19) “Local governing body” or "governing body" means the elected body responsible for the administration of a local government. (20) “Local government” means a county, consolidated city-county, or an incorporated municipality to which the provisions of [sections 1 through 38] apply as provided in [section 5]. (21) "Manufactured housing" means a dwelling for a single household, built offsite in a factory that is in compliance with the applicable prevailing standards of the United States department of housing and urban development at the time of its production. A manufactured home does not include a mobile home or housetrailer, as defined in 15-1-101. (22) “Ministerial permit” means a permit granted upon a determination that a proposed project complies with the zoning map and the established standards set forth in the zoning regulations. The determination must be based on objective standards, involving little or no personal judgment, and must be 87 - 2023 68th Legislature 2023 SB0382 - 5 - Authorized Print Version – SB 382 ENROLLED BILL issued by the planning administrator. (23) "Multi-unit dwelling" means a building designed for five or more attached dwelling units in which the dwelling units share a common separation, such as a ceiling or wall, and in which access cannot be gained between the units through an internal doorway, excluding common hallways. (24) "Permitted use" means a use that may be approved by issuance of a ministerial permit. (25) “Planning administrator” means the person designated by the local governing body to review, analyze, provide recommendations, or make final decisions on any or all zoning, subdivision, and other development applications as required in [sections 1 through 38]. (26) "Plat" means a graphical representation of a subdivision showing the division of land into lots, parcels, blocks, streets, alleys, and other divisions and dedications. (27) "Preliminary plat" means a neat and scaled drawing of a proposed subdivision showing the layout of streets, alleys, lots, blocks, and other elements of a subdivision that furnish a basis for review by a governing body. (28) "Public utility" has the meaning provided in 69-3-101, except that for the purposes of [sections 1 through 38], the term includes a county water or sewer district as provided for in Title 7, chapter 13, parts 22 and 23, and municipal sewer or water systems and municipal water supply systems established by the governing body of a municipality pursuant to Title 7, chapter 13, parts 42, 43, and 44. (29) "Single-room occupancy development" means a development with dwelling units in which residents rent a private bedroom with a shared kitchen and bathroom facilities. (30) "Single-unit dwelling" means a building designed for one dwelling unit that is detached from any other dwelling unit. (31) "Subdivider" means a person who causes land to be subdivided or who proposes a subdivision of land. (32) "Subdivision" means a division of land or land so divided that it creates one or more parcels containing less than 160 acres that cannot be described as a one-quarter aliquot part of a United States government section, exclusive of public roadways, in order that the title to the parcels may be sold or otherwise transferred and includes any resubdivision and a condominium. The term also means an area, regardless of its size, that provides or will provide multiple spaces for rent or lease on which recreational camping vehicles or 88 - 2023 68th Legislature 2023 SB0382 - 6 - Authorized Print Version – SB 382 ENROLLED BILL mobile homes will be placed. (33) "Subdivision guarantee" means a form of guarantee that is approved by the commissioner of insurance and is specifically designed to disclose the information required in [section 34]. (34) "Tract of record" means an individual parcel of land, irrespective of ownership, that can be identified by legal description, independent of any other parcel of land, using documents on file in the records of the county clerk and recorder's office. (35) "Three-unit dwelling" or "triplex" means a building designed for three attached dwelling units in which the dwelling units share a common separation, such as a ceiling or wall, and in which access cannot be gained between the units through an internal doorway, excluding common hallways. (36) "Two-unit dwelling" or "duplex" means a building designed for two attached dwelling units in which the dwelling units share a common separation, such as a ceiling or wall, and in which access cannot be gained between the units through an internal doorway. Section 4. Planning commission. (1) (a) Each local government shall establish, by ordinance or resolution, a planning commission. (b) Any combination of local governments may create a multi-jurisdiction planning commission or join an existing commission pursuant to an interlocal agreement. (c) (i) Any combination of legally authorized planning boards, zoning commissions, planning and zoning commissions, or boards of adjustment existing prior to [the effective date of this act] may be considered duly constituted under [sections 1 through 38] as a planning commission by agreement of the governing bodies of each jurisdiction represented on the planning commission. (ii) If more than one legally authorized planning board, zoning commission, or planning and zoning commission exists within a jurisdiction, the governing bodies of each jurisdiction may agree to: (A) designate, combine, consolidate, or modify one or more of the authorized boards or commissions as the planning commission; or (B) create a new planning commission pursuant to this section and disband the existing boards and commissions. (2) (a) (i) Each planning commission must consist of an odd number of no fewer than three voting 89 - 2023 68th Legislature 2023 SB0382 - 7 - Authorized Print Version – SB 382 ENROLLED BILL members who are confirmed by majority vote of each local governing body. (ii) Each jurisdiction must be equally represented in the membership of a multi-jurisdiction planning commission. (b) The planning commission shall meet at least once every 6 months. (c) Minutes must be kept of all meetings of the planning commission and all meetings and records must be open to the public. (d) A majority of currently appointed voting members of the planning commission constitutes a quorum. A quorum must be present for the planning commission to take official action. A favorable vote of at least a majority of the quorum is required to authorize an action at a regular or properly called special meeting. (e) The ordinance, resolution, or interlocal agreement creating the planning commission must set forth the requirements for appointments, terms, qualifications, removal, vacancies, meetings, notice of meetings, officers, reimbursement of costs, bylaws, or any other requirement determined necessary by the local governing body. (3) (a) Except as set forth in subsection (3)(b), the planning commission shall review and make recommendations to the local governing body regarding the development, adoption, amendment, review, and approval or denial of the following documents: (i) the land use plan and future land use map as provided in [section 7]; (ii) zoning regulations and map as provided in [sections 18 through 24]; (iii) subdivision regulations as provided in [sections 25 through 34]; and (iv) any other legislative land use planning document the local governing body designates. (b) In accordance with [section 37], the planning commission shall hear and decide appeals from any site-specific land use decisions made by the planning administrator pursuant to the adopted regulations described in subsection (3)(a). Decisions of the planning commission may be appealed to the local governing body as provided in [section 37]. (4) The planning commission may be funded pursuant to 76-1-403 and 76-1-404. Section 5. Applicability and compliance. (1) A municipality with a population at or exceeding 5,000 located within a county with a population at or exceeding 70,000 in the most recent decennial census shall 90 - 2023 68th Legislature 2023 SB0382 - 8 - Authorized Print Version – SB 382 ENROLLED BILL comply with the provisions of [sections 1 through 38]. (2) (a) Except as provided in subsection (2)(b), any municipality that meets the population thresholds of subsection (1) on [the effective date of this act] shall comply with the provisions of [sections 1 through 38] within 3 years of [the effective date of this act]. (b) A municipality that has adopted a growth policy within 5 years prior to [the effective date of this act] shall comply with the provisions of [sections 1 through 38] within 5 years of the date that the growth policy was adopted or within the deadline established in subsection (2)(a), whichever occurs later. (c) A municipality that meets the population thresholds of subsection (1) on any decennial census completed after [the effective date of this act] shall comply with the provisions of [sections 1 through 38] by December 31 of the third year after the date of the decennial census. (3) (a) A local government that is not required to comply with the provisions of [sections 1 through 38] may decide to comply with the provisions of [sections 1 through 38] by an affirmative vote of the local governing body. After an affirmative vote, the governing body shall comply with the provisions of [sections 1 through 38] by December 31 of the fifth year after the date of the vote. (b) A local government that votes pursuant to subsection (3)(a) to comply with the provisions of [sections 1 through 38] may subsequently decide to not comply with the provisions of [sections 1 through 38] by an affirmative vote. (4) A local government that complies with [sections 1 through 38] is not subject to any provision of Title 76, chapters 1, 2, 3, or 8. Section 6. Public participation. (1) (a) A local government shall provide continuous public participation when adopting, amending, or updating a land use plan or regulations pursuant to [sections 1 through 38]. (b) Public participation in the adoption, amendment, or update of a land use plan or implementing regulations must provide for, at a minimum: (i) dissemination of draft documents; (ii) an opportunity for written and verbal comments; (iii) public meetings after effective notice; 91 - 2023 68th Legislature 2023 SB0382 - 9 - Authorized Print Version – SB 382 ENROLLED BILL (iv) electronic communication regarding the process, including online access to documents, updates, and comments; and (v) an analysis of and response to public comments. (2) A local government shall document and retain all public outreach and participation performed as part of the administrative record in accordance with the retention schedule published by the secretary of state. (3) (a) A local government may decide the method for providing: (i) general public notice and participation in the adoption, amendment, or update of a land use plan or regulation; and (ii) notice of written comment on applications for land use permits pursuant to [sections 1 through 38]. (b) All notices must clearly specify the nature of the land use plan or regulation under consideration, what type of comments the local government is seeking from the public, and how the public may participate. (c) The local government shall document what methods it used to provide continuous participation in the development, adoption, or update of a land use plan or regulation and shall document all comments received. (d) The department of commerce established in 2-15-1801 and functioning pursuant to 90-1-103 shall develop a list of public participation methods and best practices for use by local governments in developing, adopting, or updating a land use plan or regulations. (4) Throughout the adoption, amendment, or update of the land use plan or regulation processes, a local government shall emphasize that: (a) the land use plan is intended to identify the opportunities for development of land within the planning area for housing, businesses, agriculture, and the extraction of natural resources, while acknowledging and addressing the impacts of that development on adjacent properties, the community, the natural environment, public services and facilities, and natural hazards; (b) the process provides for continuous and extensive public notice, review, comment, and participation in the development of the land use plan or regulation; 92 - 2023 68th Legislature 2023 SB0382 - 10 - Authorized Print Version – SB 382 ENROLLED BILL (c) the final adopted land use plan, including amendments or updates to the final adopted land use plan, comprises the basis for implementing land use regulations in substantial compliance with the land use plan; and (d) the scope of and opportunity for public participation and comment on site-specific development in substantial compliance with the land use plan must be limited only to those impacts or significantly increased impacts that were not previously identified and considered in the adoption, amendment, or update of the land use plan, zoning regulations, or subdivision regulations. (5) The local governing body shall adopt a public participation plan detailing how the local government will meet the requirements of this section. Section 7. Adoption or amendment of land use plan and future land use map. (1) The local governing body shall adopt or amend by resolution a land use plan and future land use map in accordance with [sections 7 through 17] only after consideration by and on the recommendation of the planning commission. (2) Prior to making a recommendation to the governing body to adopt or amend a land use plan and future land use map, the planning commission shall: (a) provide public notice and participation in accordance with [section 6]; and (b) accept, consider, and respond to public comment on the proposed land use plan and future land use map. All public comment must be part of the administrative record transmitted to the governing body. (3) After meeting the requirements of subsection (2), the planning commission shall make a final recommendation to the governing body to adopt, modify, or reject the proposed land use plan and future land use map or any amendment to the proposed land use plan and future land use map. (4) The governing body shall incorporate any existing neighborhood, area, or plans adopted pursuant to Title 76, chapter 1, that meet the requirements of [sections 1 through 38] into the land use plan and future land use map. (5) (a) The governing body shall consider the recommendation of the planning commission to adopt, modify, or reject the proposed land use plan and future land use map or any amendment to the proposed land use plan and future land use map. (b) After providing public notice and participation in accordance with [section 6], the governing 93 - 2023 68th Legislature 2023 SB0382 - 11 - Authorized Print Version – SB 382 ENROLLED BILL body may adopt, with any revisions the local governing body considers appropriate, or reject the land use plan and future land use map or any amendment to the proposed land use plan and future land use map proposed by the planning commission. (6) An amendment to a land use plan or future land use map may be initiated: (a) by majority vote of the governing body; (b) on petition of at least 15% of the electors of the local government jurisdiction to which the plan applies, as registered at the last general election; or (c) by a property owner applying for a zoning, subdivision, or other land use permit. (7) (a) After the initiation of an amendment to a land use plan or future land use map allowed in subsection (6), the planning commission shall make a preliminary determination of whether the proposed land use plan or future land use map amendment results in new or increased impacts to or from local facilities, services, natural resources, natural environment, or natural hazards from those previously described and analyzed in the assessment conducted in the development of the land use plan. (b) If the planning commission finds new or increased impacts from the proposed land use plan or future land use map amendment, the local government shall collect additional data and conduct additional analysis necessary to provide the planning commission with the opportunity to consider all potential impacts resulting from the amendment before proceeding under subsection (2). (8) The governing body may not amend the land use plan or future land use map unless: (a) the amendment is found in substantial compliance with the land use plan; and (b) the potential impacts resulting from development in substantial compliance with the proposed amendment have been made available for public review and comment and have been fully considered by the governing body. Section 8. Update of land use plan or future land use map. (1) After a local government adopts a land use plan and future land use map in accordance with [section 7], the land use plan and future land use map must be reviewed by the planning commission every fifth year after adoption to determine whether an update to the land use plan and future land use map must be performed. The planning commission shall: (a) make a preliminary determination regarding the existence of new or increased impacts to or 94 - 2023 68th Legislature 2023 SB0382 - 12 - Authorized Print Version – SB 382 ENROLLED BILL from local facilities, services, natural resources, natural environment, or natural hazards from those previously described and analyzed when the land use plan and future land use map were previously adopted; (b) provide public notice and participation in accordance with [section 6]; and (c) accept, consider, and respond to public comment on the review of the land use plan and future land use map. All public comment must be part of the administrative record transmitted to the governing body. (2) (a) If the planning commission finds new or increased impacts under subsection (1), the planning commission shall recommend an update to the land use plan, future land use map, or both. (b) If the planning commission finds no new or increased impacts under subsection (1), the planning commission shall make a recommendation to the governing body that no update to the land use plan or future land use map is necessary. (3) After receiving the recommendation of the planning commission, the governing body may direct that an update of the land use plan, future land use map, or both be completed or may readopt the current land use plan, future land use map, or both. (4) (a) In developing, drafting, and considering an update to the land use plan or future land use map, the planning commission shall follow the process set forth in [section 7] with respect to the changes proposed to the land use plan or future land use map. (b) If the planning commission finds new or increased impacts resulting from the land use plan or future land use map, the local government shall collect additional data and conduct additional analysis necessary to provide the governing body and the public with the opportunity to comment on and consider all potential impacts resulting from an update to the land use plan or future land use map. (5) At any time before an update is required after a review under subsection (1), the local governing body may direct that an update to the land use plan or future land use map be prepared for consideration by the planning commission and for recommendation to the governing body. (6) Once an update to the land use plan or future land use map is adopted or the land use plan or future land use map is readopted, the information and analysis contained within the land use plan and future land use map must be considered accurate for the purposes of making site-specific development decisions in substantial compliance with the land use plan and future land use map. 95 - 2023 68th Legislature 2023 SB0382 - 13 - Authorized Print Version – SB 382 ENROLLED BILL Section 9. Existing conditions and population projections. (1) The land use plan must include, at a minimum, inventories and descriptions of existing conditions of housing, local services and facilities, economic development, natural resources, environment, and hazards, and land use within the jurisdictional boundaries of the land use plan. (2) As set forth in [sections 10 through 17], the land use plan must include, at minimum, a description, map, and analysis of how the jurisdiction will accommodate its projected population over the next 20 years and the expected impacts of the development in the areas of housing, local services and facilities, economic development, natural resources, environment, and hazards. (3) The inventories and descriptions in the plan must be based on up-to-date surveys, maps, diagrams, charts, descriptive material, studies, and reports necessary to explain and supplement the analysis of each section of the land use plan. (4) (a) A jurisdiction shall use demographics provided by: (i) the most recent decennial census or census estimate of the United States census bureau; and (ii) population projections for a 20-year period based on permanent and seasonal population estimates: (A) provided by demographics published by the department of commerce; (B) generated by the local government; or (C) produced by a professional firm specializing in projections. (b) When a population projection is not available, population projections for the jurisdiction must be reflective of the area’s proportional share of the total county population and the total county population growth. Section 10. Housing. (1) A local governing body shall identify and analyze existing and projected housing needs for the projected population of the jurisdiction and provide regulations that allow for the rehabilitation, improvement, or development of the number of housing units needed, as identified in the land use plan and future land use map, including: (a) a quantification of the jurisdiction’s existing and projected needed housing types, including location, age, condition, and occupancy required to accommodate existing and estimated population projections; 96 - 2023 68th Legislature 2023 SB0382 - 14 - Authorized Print Version – SB 382 ENROLLED BILL (b) an inventory of sites, including zoned, unzoned, vacant, underutilized, and potential redevelopment sites, available to meet the jurisdiction's needed housing types; (c) an analysis of any constraints to housing development, such as zoning, development standards, and infrastructure needs and capacity, and the identification of market-based incentives that may affect or encourage the development of needed housing types; and (d) a detailed description of what actions the jurisdiction may take to accommodate the projected needed housing types identified in subsection (1)(a). (2) The housing section of the land use plan and future land use map may incorporate by reference any information or policies identified in other housing needs assessments adopted by the governing body. (3) If, after performing the analysis required in subsection (1), the local government determines that the total needed housing types may not be met due to lack of resources, development sites, infrastructure capacity, or other documented constraints, the local government shall establish the minimum number of housing units that may be rehabilitated, improved, or developed within the jurisdiction over the 20-year planning period and the actions the local government may take to remove constraints to the development of those units over that period. (4) Progress toward the construction of the housing units identified as needed to meet projected housing needs during the 20-year planning period of the land use plan must be documented at each fifth year review of the land use plan as required in [section 8]. (5) The amount of detail provided in the analysis beyond the minimum criteria established in this section is at the discretion of the local governing body. Section 11. Local services and facilities. (1) The land use plan must: (a) determine the existing and anticipated levels of public safety and emergency services necessary to serve the projected population of the jurisdiction, including law enforcement, fire protection, emergency management system agencies, and local health care organizations; (b) contain an inventory and map of existing fire protection, law enforcement, and emergency service jurisdictional areas and anticipated response times, a description of mutual aid or cooperative service 97 - 2023 68th Legislature 2023 SB0382 - 15 - Authorized Print Version – SB 382 ENROLLED BILL agreements, and the location of hospitals or clinics in the jurisdiction; (c) identify capital and service improvements for fire, law enforcement, emergency services, and health services for the jurisdictional area necessary to meet the projected population; (d) determine the existing capacity, existing deficiencies, planned expansion, and anticipated levels of utility services necessary to serve the projected population in the jurisdiction, including water, wastewater, and storm water systems, solid waste disposal, and other utility services, as identified by the local government; (e) contain an inventory and map of all utility service areas, system networks, and facilities; (f) identify local utility capital and service improvements for the jurisdictional area necessary to meet the projected population; (g) determine the existing capacity, existing deficiencies, planned expansion, and anticipated improvements to the transportation network serving the jurisdictional area necessary to serve the projected population in the jurisdiction; (h) contain an inventory and classification map of all existing and planned roads within the jurisdictional area, including major highways, secondary highways, and local routes, all non-motorized routes, including bike lanes and pedestrian thoroughfares, and all public transit systems and facilities; and (i) identify planned capital and service transportation improvements necessary to serve the projected population. (2) The local government shall: (a) coordinate with school districts within the jurisdiction to determine the existing capacity of, planned expansion of, and anticipated improvements necessary for the local K-12 school system to serve the projected population in the jurisdiction; and (b) request that the local school district provide any inventory and maps of existing K-12 educational facilities within the jurisdictional area and identify any capital and service improvements necessary to meet the projected population. (3) The local government may include an analysis of existing capacity and service levels, planned expansions of, and anticipated improvements necessary to provide other services to the projected population in the jurisdiction. 98 - 2023 68th Legislature 2023 SB0382 - 16 - Authorized Print Version – SB 382 ENROLLED BILL (4) The local government may incorporate by reference any information or policies identified in other relevant local services or facilities assessments adopted by the local governing body, such as a capital improvements plan or an impact fee study. (5) The amount of detail provided in the analysis beyond the minimum criteria established in this section is at the discretion of the local governing body. Section 12. Economic development. (1) The land use plan must: (a) assess existing and potential commercial, industrial, small business, and institutional enterprises in the jurisdiction, including the types of sites and supporting services needed by the enterprises; (b) summarize job composition and trends by industry sector, including existing labor force characteristics and future labor force requirements, for existing and potential enterprises in the jurisdiction; (c) assess the extent to which local characteristics, assets, and resources support or constrain existing and potential enterprises, including access to transportation to market goods and services, and assess historic, cultural, and scenic resources and their relationship to private sector success in the jurisdiction; (d) inventory sites within the jurisdiction, including zoned, unzoned, vacant, underutilized, and potentially redeveloped sites, available to meet the jurisdiction’s economic development needs; (e) assess the adequacy of existing and projected local facilities and services, schools, housing stock, and other land uses necessary to support existing and potential commercial, industrial, and institutional enterprises; and (f) assess the financial feasibility of supporting anticipated economic growth in the jurisdiction. (2) The local government may incorporate by reference any information or policies identified in other relevant economic development assessments. (3) The amount of detail provided in the analysis beyond the minimum criteria established in this section is at the discretion of the local governing body. Section 13. Natural resources, environment, and hazards. (1) The land use plan must: (a) include inventories and maps of natural resources within the jurisdiction, including but not limited to agricultural lands, agricultural water user facilities, minerals, sand and gravel resources, forestry 99 - 2023 68th Legislature 2023 SB0382 - 17 - Authorized Print Version – SB 382 ENROLLED BILL lands, and other natural resources identified by the local government; (b) describe the natural resource characteristics of the jurisdictional area, including a summary of historical natural resource utilization, data on existing utilization, and projected future trends; (c) include an inventory, maps, and description of the natural environment of the jurisdictional area, including a summary of important natural features and the conditions of and real and potential threats to soils, geology, topography, vegetation, surface water, groundwater, aquifers, floodplains, scenic resources, wildlife, wildlife habitat, wildlife corridors, and wildlife nesting sites within the jurisdiction; and (d) include maps of, identify factors related to, and describe natural hazards within the jurisdictional area, including flooding, fire, earthquakes, steep slopes and other known geologic hazards and other natural hazards identified by the jurisdiction, with a summary of past significant events resulting from natural hazards that includes: (i) a description of land use constraints resulting from natural hazards; (ii) a description of the efforts that have been taken within the local jurisdiction to mitigate the impact of natural hazards; and (iii) a description of the role that natural resources and the environment play in the local economy. (2) The local government may incorporate by reference any information or policies identified in other relevant assessments of natural resources, environment, or hazards. (3) The amount of detail provided in the analysis beyond the minimum criteria established in this section is at the discretion of the local governing body. Section 14. Land use and future land use map. (1) A land use plan must include a future land use map and a written description of the proposed general distribution, location, and extent of residential, commercial, mixed, industrial, agricultural, recreational, and conservation uses of land and other categories of public and private uses, as determined by the local government. (2) The future land use map must reflect the anticipated and preferred pattern and intensities of development for the jurisdiction over the next 20 years, based on the information, analysis, and public input collected, considered, and relevant to the population projections for and economic development of the jurisdiction and the housing and local services needed to accommodate those projections, while acknowledging 100 - 2023 68th Legislature 2023 SB0382 - 18 - Authorized Print Version – SB 382 ENROLLED BILL and addressing the natural resource, environment, and natural hazards of the jurisdiction. (3) The future land use map may not confer any authority to regulate what is not otherwise specifically authorized in [sections 1 through 38]. (4) The future land use map and the written description must include: (a) a statement of intent describing the jurisdiction’s applicable zoning, subdivision, and other land use regulations; (b) descriptions of existing and future land uses, including: (i) categories of public and private use; (ii) general descriptions of use types and densities of those uses; (iii) general descriptions of population; and (iv) other aspects of the built environment; (c) geographic distribution of future land uses in the jurisdiction, anticipated over a 20-year planning period that specifically demonstrate: (i) adequate land to support the projected population in all land use types in areas where local services can be adequately and cost-effectively provided for that population; (ii) adequate sites to accommodate the type and supply of housing needed for the projected population; and (iii) areas of the jurisdiction that are not generally suitable for development and the reason, based on the constraints identified through the land use plan analysis; (d) a statement acknowledging areas within the jurisdiction known to be subject to covenants, codes, and restrictions that may limit the type, density, or intensity of housing development projected in the future land use map; and (e) areas of or adjacent to the jurisdiction subject to increased growth pressures, higher development densities, or other urban development influences. (5) To the greatest extent possible, local governments shall create compatibility in the land use plans and future land use map in those areas identified in subsection (4)(e). (6) The land use plan may: (a) provide information required by a federal land management agency for the local governing 101 - 2023 68th Legislature 2023 SB0382 - 19 - Authorized Print Version – SB 382 ENROLLED BILL body to establish or maintain coordination or cooperating agency status; and (b) incorporate by reference any information or policies identified in other relevant assessments adopted by the local governing body, such as a pre-disaster mitigation plan or wildfire protection plan. (7) The amount of detail provided in the analysis beyond the minimum criteria established in this section is at the discretion of the local governing body. Section 15. Area plans. (1) A local governing body may adopt area plans for a portion of the jurisdiction to provide a more localized analysis of all or any part of a land use plan. An area plan may include but is not limited to a neighborhood plan, a corridor plan, or a subarea plan. (2) The adoption, amendment, or update of an area plan must follow the same process as a land use plan provided for in [sections 7 through 17] and may be adopted as an amendment to the land use plan. (3) The area plan must be in substantial compliance with the land use plan. To the extent an area plan is inconsistent with the land use plan, the land use plan controls. Section 16. Issue plans. (1) A local governing body may adopt issue plans for all or part of a jurisdiction that provide a more detailed or thorough analysis for any component of the land use plan. (2) The adoption, amendment, or update of an issue plan must follow the same process as a land use plan provided for in [sections 7 through 17]. (3) If an issue plan covers the jurisdictional area of the land use plan, the issue plan may serve as the detailed analysis required in the land use plan. Section 17. Implementation. (1) The land use plan and future land use map is not a regulatory document and must include an implementation section that: (a) establishes meaningful and predictable implementation measures for the use and development of land within the jurisdiction based on the contents of the land use plan and future land use map; (b) provides meaningful direction for the content of more detailed land use regulations and future land use maps; and (c) requires identification of those programs, activities, actions, or land use regulations that may be 102 - 2023 68th Legislature 2023 SB0382 - 20 - Authorized Print Version – SB 382 ENROLLED BILL part of the overall strategy of the jurisdiction for implementing the land use plan. (2) The implementation section of the land use plan must include: (a) if the local jurisdiction does not have current zoning regulations, a schedule by which zoning regulations and a zoning map will be adopted in accordance with the deadlines set forth in [section 5]; (b) if the local jurisdiction has current zoning regulations, an analysis of whether any inconsistencies exist between current zoning regulations and the land use plan and future land use map, including a map of the inconsistencies. If inconsistencies exist, the local government shall identify: (i) specific implementation actions necessary to amend the zoning regulations and the zoning map to bring the zoning regulations and zoning map into substantial compliance with the land use plan and future land use map; (ii) a schedule for amending the zoning regulations and zoning map to be in substantial compliance with the land use plan and future land use map, in accordance with the deadlines set forth in [section 5]; (iii) a schedule for adopting a capital improvements program or for amending an existing capital improvements program to be in substantial compliance with the land use plan and future land use map; (iv) a schedule for expanding or replacing public facilities and the anticipated costs and revenue sources proposed to meet those costs, which must be reflected in a jurisdiction’s capital improvement program; (v) if applicable, a schedule for updating the plan for extension of services required in 7-2-4732 to be in substantial compliance with the land use plan; and (vi) a schedule for implementing any other specific actions necessary to achieve the components of the land use plan, including a timeframe or prioritization of each specific public action; and (c) procedures for monitoring and evaluating the local government’s progress toward meeting the implementation schedule. Section 18. Authority to adopt local zoning regulations. (1) (a) A local government subject to [sections 1 through 38], within its respective jurisdiction, has the authority to and shall regulate the use of land in substantial compliance with its adopted land use plan by adopting zoning regulations. (b) The governing body of a county or city has the authority to adopt zoning regulations in 103 - 2023 68th Legislature 2023 SB0382 - 21 - Authorized Print Version – SB 382 ENROLLED BILL accordance with [sections 18 through 24] by an ordinance that substantially complies with 7-5-103 through 7-5- 107. (c) A municipality shall adopt zoning regulations for the portions of the jurisdictional area outside of the boundaries of the municipality that the governing body anticipates may be annexed into the municipality over the next 20 years. Unless otherwise agreed to by the applicable jurisdictions, zoning regulations on property outside the municipal boundaries may not apply or be enforced until those areas are annexed or are being annexed into the municipality. (2) Local zoning regulations authorized in subsection (1) include but are not limited to ordinances prescribing the: (a) uses of land; (b) density of uses; (c) types of uses; (d) size, character, number, form, and mass of structures; and (e) development standards mitigating the impacts of development, as identified and analyzed during the land use planning process and review and adoption of zoning regulations pursuant to [sections 1 through 38]. (3) The local government shall incorporate any existing zoning regulations adopted pursuant to Title 76, chapter 2, into the zoning regulations meeting the requirements of [sections 1 through 38]. (4) The local government shall adopt a zoning map for the jurisdiction in substantial compliance with the land use plan and future land use map and the zoning regulations adopted pursuant to this section, graphically illustrating the zone or zones that a property within the jurisdiction is subject to. (5) The local government may provide for the issuance of permits as may be necessary for the implementation of [sections 1 through 38]. (6) (a) The zoning regulations and map must identify areas that may necessitate the denial of a development or a specific type of development, such as unmitigable natural hazards, insufficient water supply, inadequate drainage, lack of access, inadequate public services, or the excessive expenditure of public funds for the supply of the services. (b) The regulations must prohibit development in the areas identified in subsection (6)(a) unless 104 - 2023 68th Legislature 2023 SB0382 - 22 - Authorized Print Version – SB 382 ENROLLED BILL the hazards or impacts may be eliminated or overcome by approved construction techniques or other mitigation measures identified in the zoning regulations. (c) Approved construction techniques or other mitigation measures described in subsection (6)(b) may not include building regulations as defined in 50-60-101 other than those identified by the department of labor and industry as provided in 50-60-901. (7) The zoning regulations and map must mitigate the hazards created by development in areas located within the floodway of a flood of 100-year frequency, as defined by Title 76, chapter 5, or determined to be subject to flooding by the governing body. If the hazards cannot be mitigated, the zoning regulations and map must identify those areas where future development is limited or prohibited. (8) The zoning regulations must allow for the continued use of land or buildings legal at the time that any zoning regulation, map, or amendment thereto is adopted, but the local government may provide grounds for discontinuing nonconforming uses based on changes to or abandonment of the use of the land or buildings after the adoption of a zoning regulation, map, or amendment. Section 19. Encouragement of development of housing. (1) The zoning regulations authorized in [section 18] must include a minimum of five of the following housing strategies, applicable to the majority of the area, where residential development is permitted in the jurisdictional area: (a) allow, as a permitted use, for at least a duplex where a single-unit dwelling is permitted; (b) zone for higher density housing near transit stations, places of employment, higher education facilities, and other appropriate population centers, as determined by the local government; (c) eliminate or reduce off-street parking requirements to require no more than one parking space per dwelling unit; (d) eliminate impact fees for accessory dwelling units or developments that include multi-unit dwellings or reduce the fees by at least 25%; (e) allow, as a permitted use, for at least one internal or detached accessory dwelling unit on a lot with a single-unit dwelling occupied as a primary residence; (f) allow for single-room occupancy developments; (g) allow, as a permitted use, a triplex or fourplex where a single-unit dwelling is permitted; 105 - 2023 68th Legislature 2023 SB0382 - 23 - Authorized Print Version – SB 382 ENROLLED BILL (h) eliminate minimum lot sizes or reduce the existing minimum lot size required by at least 25%; (i) eliminate aesthetic, material, shape, bulk, size, floor area, and other massing requirements for multi-unit dwellings or mixed-use developments or remove at least half of those requirements; (j) provide for zoning that specifically allows or encourages the development of tiny houses, as defined in Appendix Q of the International Residential Code as it was printed on January 1, 2023; (k) eliminate setback requirements or reduce existing setback requirements by at least 25%; (l) increase building height limits for dwelling units by at least 25%; (m) allow multi-unit dwellings or mixed-use development as a permitted use on all lots where office, retail, or commercial are primary permitted uses; or (n) allow multi-unit dwellings as a permitted use on all lots where triplexes or fourplexes are permitted uses. (2) If a local government's existing zoning ordinance adopted pursuant to Title 76, chapter 2, before [the effective date of this act] does not contain a zoning regulation that is listed as a regulation to be eliminated or reduced in subsection (1), that strategy is considered adopted by the local government. (3) If the adoption of a housing strategy allowed in subsection (1) subsumes another housing strategy allowed in subsection (1), only one strategy may be considered to have been adopted by the local government. Section 20. Limitations on zoning authority. (1) A local government acting pursuant to [sections 18 through 24] may not: (a) treat manufactured housing units differently from any other residential units; (b) include in a zoning regulation any requirement to: (i) pay a fee for the purpose of providing housing for specified income levels or at specified sale prices; or (ii) dedicate real property for the purpose of providing housing for specified income levels or at specified sale prices, including a payment or other contribution to a local housing authority or the reservation of real property for future development of housing for specified income levels or specified sale prices; (c) prevent the erection of an amateur radio antenna at heights and dimensions sufficient to 106 - 2023 68th Legislature 2023 SB0382 - 24 - Authorized Print Version – SB 382 ENROLLED BILL accommodate amateur radio service communications by a person who holds an unrevoked and unexpired official amateur radio station license and operator's license, "technician" or higher class, issued by the federal communications commission of the United States; (d) establish a maximum height limit for an amateur radio antenna of less than 100 feet above the ground; (e) subject to subsection (2) and outside of incorporated municipalities, prevent the complete use, development, or recovery of any mineral, forest, or agricultural resources identified in the land use plan, except that the use, development, or recovery may be reasonably conditioned or prohibited within residential zones; (f) except as provided in subsection (3), treat the following differently from any other residential use of property: (i) a foster home, kinship foster home, youth shelter care facility, or youth group home operated under the provisions of 52-2-621 through 52-2-623, if the home or facility provides care on a 24-hour-a-day basis; (ii) a community residential facility serving eight or fewer persons, if the facility provides care on a 24-hour-a-day basis; or (iii) a family day-care home or a group day-care home registered by the department of public health and human services under Title 52, chapter 2, part 7; (g) except as provided in subsection (3), apply any safety or sanitary regulation of the department of public health and human services or any other agency of the state or a political subdivision of the state that is not applicable to residential occupancies in general to a community residential facility serving 8 or fewer persons or to a day-care home serving 12 or fewer children; or (h) prohibit any existing agricultural activities or force the termination of any existing agricultural activities outside the boundaries of an incorporated city, including agricultural activities that were established outside the corporate limits of a municipality and thereafter annexed into the municipality. (2) Regulations that condition or prohibit uses pursuant to subsection (1)(e) must be in effect prior to the filing of a permit application or at the time a written request is received for a preapplication meeting pursuant to 82-4-432. (3) Except for a day-care home registered by the department of public health and human services, 107 - 2023 68th Legislature 2023 SB0382 - 25 - Authorized Print Version – SB 382 ENROLLED BILL a local government may impose zoning standards and conditions on any type of home or facility identified in subsections (1)(f) and (1)(g) if those zoning standards and conditions do not conflict with the requirements of subsections (1)(f) and (1)(g). Section 21. Adoption and amendment of zoning regulations. (1) (a) The governing body shall adopt or amend a zoning regulation or map only after consideration by and on the recommendation of the planning commission. (b) An amendment to an adopted zoning regulation or map may be initiated: (i) by majority vote of the governing body; (ii) on petition of at least 15% of the electors of the local government jurisdiction to which the regulations apply, as registered at the last general election; or (iii) by a property owner, as related to an application for any zoning, subdivision, or other land use permit or approval. (2) Prior to making a recommendation to the governing body to adopt or amend a zoning regulation or map, the planning commission shall: (a) provide public notice and participation in accordance with [section 6]; (b) accept, consider, and respond to public comment on the proposed zoning regulation, map, or amendment. All public comment must be part of the administrative record transmitted to the governing body. (c) make a preliminary determination as to whether the zoning regulation and map as proposed or as amended would be in substantial compliance with the land use plan, including whether the zoning regulation or map: (i) accommodates the projected needed housing types identified in [section 10]; (ii) contains five or more specific strategies from [section 19] to encourage the development of housing within the jurisdiction; (iii) reflects allowable uses and densities in areas that may be adequately served by public safety, emergency, utility, transportation, education, and any other local facilities or services identified by the local government in [section 11]; (iv) allows sufficient area for existing, new, or expanding commercial, industrial, and institutional 108 - 2023 68th Legislature 2023 SB0382 - 26 - Authorized Print Version – SB 382 ENROLLED BILL enterprises the local government has identified in [section 12] for targeted economic growth in the jurisdiction; (v) protects and maximizes the potential use of natural resources within the area, as identified in [section 13]; (vi) minimizes or avoids impacts to the natural environment within the area, as identified in [section 13]; and (vii) avoids or minimizes dangers associated with natural hazards in the jurisdiction, as identified in [section 13]; and (d) preliminarily determine whether the proposed zoning regulation, map, or amendment results in new or increased impacts to or from local facilities, services, natural resources, natural environment, or natural hazards from those previously described and analyzed in the assessment conducted for the land use plan. (3) If the planning commission finds new or increased impacts from the proposed regulation, map, or amendment, as provided in subsection (2)(d), the local government shall collect additional data and conduct additional analysis necessary to provide the planning commission and the public with the opportunity to comment on and consider all potential impacts resulting from adoption of the zoning regulation, map, or amendment. (4) After meeting the requirements of subsections (2) and (3), the planning commission shall make a final recommendation to the governing body to approve, modify, or reject the proposed zoning regulation, map, or amendment. (5) (a) The governing body shall consider each zoning regulation, map, or amendment that the planning commission recommends to the governing body. (b) After providing public notice and participation in accordance with [section 6], the governing body may adopt, adopt with revisions the governing body considers appropriate, or reject the zoning regulation, map, or amendment as proposed by the planning commission. (c) The governing body may not condition an amendment to a zoning regulation or map. (d) The governing body may not adopt or amend a zoning regulation or map unless the governing body finds that: (i) the regulation, map, or amendment is in substantial compliance with the land use plan; and (ii) the impacts resulting from development in substantial compliance with the proposed zoning 109 - 2023 68th Legislature 2023 SB0382 - 27 - Authorized Print Version – SB 382 ENROLLED BILL regulation, map, or amendment have been made available for public review and comment and have been fully considered by the governing body. (6) After the zoning regulation, map, or amendment has been adopted by the governing body, there is a presumption that: (a) all permitting in substantial compliance with the zoning regulation, map, or amendment is in substantial compliance with the land use plan; and (b) the public has been provided a meaningful opportunity to participate. Section 22. Effect on zoning regulations and map. (1) After the adoption of a zoning regulation, map, or amendment pursuant to [section 21], any application proposing development of a site is subject to the process set forth in this section. (2) (a) When a proposed development lies entirely within an incorporated city, or is proposed for annexation into the city, the application must be submitted to and approved by the city. (b) Except as provided in subsections (2)(a) or (2)(c), when a proposed development lies entirely in an unincorporated area, the application must be submitted to and approved by the county. (c) If a proposed development lies within an area subject to increased growth pressures, higher development densities, or other urban development influences identified by either jurisdiction in [section 14], the jurisdiction shall provide other impacted jurisdictions the opportunity to review and comment on the application. (d) If the proposed development lies partly within an incorporated city, the application and materials must be submitted to and approved by both the city and the county governing bodies. (3) Zoning compliance permits and other ministerial permits may be issued by the planning administrator or the planning administrator's designee without any further review or analysis by the governing body, except as provided in [section 37]. (4) If a proposed development, with or without variances or deviations from adopted standards, is in substantial compliance with the zoning regulations or map and all impacts resulting from the development were previously analyzed and made available for public review and comment prior to the adoption of the land use plan, zoning regulation, map, or amendment thereto, the application must be approved, approved with conditions, or denied by the planning administrator and is not subject to any further public review or comment, 110 - 2023 68th Legislature 2023 SB0382 - 28 - Authorized Print Version – SB 382 ENROLLED BILL except as provided in [section 37]. (5) (a) If a proposed development, with or without variances or deviations from adopted standards, is in substantial compliance with the zoning regulations and map but may result in new or significantly increased potential impacts that have not been previously identified and considered in the adoption of the land use plan or zoning regulations, the planning administrator shall proceed as follows: (b) request that the applicant collect any additional data and perform any additional analysis necessary to provide the planning administrator and the public with the opportunity to comment on and consider the impacts identified in subsection (5)(a); (c) collect any additional data or perform additional analysis the planning administrator determines is necessary to provide the local government and the public with the opportunity to comment on and consider the impacts identified in subsection (5)(a); and (d) provide notice of a 15-business day written comment period during which the public has the reasonable opportunity to participate in the consideration of the impacts identified in subsection (5)(a). (6) (a) Any additional analysis or public comment on a proposed development described in subsection (5) must be limited to only any new or significantly increased impacts potentially resulting from the proposed development, to the extent the impact was not previously identified or considered in the adoption or amendment of the land use plan or zoning regulations. (b) The planning administrator shall approve, approve with conditions, or deny the application. The planning administrator's decision is final and no further action may be taken except as provided in [section 37]. (7) If an applicant proposes to develop a site in a manner or to an extent that the development is not in substantial compliance with the zoning regulations or map, the applicant shall propose an amendment to the regulations or map and follow the process provided for in [section 21]. Section 23. Zoning and annexation. (1) A municipality shall review and consider a proposed annexation in conjunction with the zoning regulations for the property to be annexed adopted pursuant to [section 18(1)(c)] following the procedures set forth in [section 22]. (2) The joint public process authorized in subsection (1) fulfills the notice and public hearing requirements for a proposed annexation required in Title 7, chapter 2, parts 42 through 47. 111 - 2023 68th Legislature 2023 SB0382 - 29 - Authorized Print Version – SB 382 ENROLLED BILL Section 24. Interim zoning ordinances. (1) A local government, to protect the public safety, health, and welfare and without following the procedures otherwise required prior to adopting a zoning regulation, may adopt an interim zoning ordinance as an urgency measure to regulate or prohibit uses that may conflict with a zoning proposal that the governing body is considering or studying or intends to study within a reasonable time. (2) Before adopting an interim zoning ordinance, the governing body shall first hold a public hearing upon notice reasonably designed to inform all affected parties. A notice must be published in a newspaper of general circulation at least 7 days before the public hearing. (3) An interim zoning ordinance takes effect immediately on passage and approval after first reading and may be in effect no longer than 1 year from the date of its adoption. (4) A local government may not act under the authority provided for in this section until the local government has adopted a land use plan and zoning regulations pursuant to [sections 1 through 38]. Section 25. Authority to adopt local subdivision regulations -- limitations. (1) Within its respective jurisdiction, a local government shall regulate the creation of lots in substantial compliance with its adopted land use plan and zoning regulations by adopting subdivision regulations. (b) The governing body of a county or city has the authority to adopt subdivision regulations in accordance with [sections 25 through 34] by an ordinance that substantially complies with 7-5-103 through 7-5- 107. (c) A municipality shall adopt subdivision regulations for those portions of the jurisdictional area outside the boundaries of the municipality that the governing body anticipates may be annexed into the municipality over the next 20 years. Unless otherwise agreed to by the applicable jurisdictions, subdivision regulations on property outside the municipal boundaries may not apply or be enforced until the areas are annexed or being annexed into the municipality. (2) The subdivision regulations must provide a process for the application and consideration of subdivision exemptions, certificates of survey, preliminary plats, and final plats as necessary for the implementation of [sections 1 through 38]. 112 - 2023 68th Legislature 2023 SB0382 - 30 - Authorized Print Version – SB 382 ENROLLED BILL (3) (a) A local governing body may not require, as a condition for approval of a subdivision under this [sections 25 through 34]: (i) the payment of a fee for the purpose of providing housing for specified income levels or at specified sale prices; or (ii) the dedication of real property for the purpose of providing housing for specified income levels or at specified sale prices. (b) A dedication of real property prohibited in subsection (3)(a)(ii) includes a payment or other contribution to a local housing authority or the reservation of real property for future development of housing for specified income levels or specified sale prices. (4) The local governing body may not change, in the subdivision regulations or in the process for subdividing, any timelines or procedural requirements for an application to subdivide other than provided for in [sections 25 through 34]. Section 26. Exemptions to subdivision review. (1) The following divisions of land, if made in substantial compliance with zoning regulations adopted pursuant to [sections 18 through 24], are not subject to the requirements of [sections 1 through 38]: (a) subject to subsection (2), the creation of four or fewer new lots or parcels from an original lot or parcel: (i) by order of a court of record in this state; (ii) by operation of law; or (iii) that, in the absence of agreement between the parties to a sale, could be created by court order in this state pursuant to the law of eminent domain, Title 70, chapter 30; (b) subject to subsection (3), the creation of a lot to provide security for mortgages, liens, or trust indentures for the purpose of construction, improvements to the land being divided, or refinancing, if the land that is divided is not conveyed to any entity other than the financial or lending institution to which the mortgage, lien, or trust indenture was given or to a purchaser upon foreclosure of the mortgage, lien, or trust indenture; (c) the creation of an interest in oil, gas, minerals, or water that is severed from the surface ownership of real property; 113 - 2023 68th Legislature 2023 SB0382 - 31 - Authorized Print Version – SB 382 ENROLLED BILL (d) the creation of cemetery lots; (e) the reservation of a life estate on a portion of a tract of record; (f) the lease or rental of a portion of a tract of record for farming and agricultural purposes; (g) the division of property over which the state does not have jurisdiction; (h) the creation of rights-of-way or utility sites; (i) the creation of condominiums, townhomes, townhouses, or conversions, as those terms are defined in 70-23-102, when any applicable park dedication requirements as set forth in [sections 18 through 24] are complied with; (j) the lease or rental of contiguous airport-related land owned by a city, a county, the state, or a municipal or regional airport authority; (k) subject to subsection (4), a division of state-owned land, unless the division creates a second or subsequent residential parcel from a single tract for sale, rent, or lease after July 1, 1974; (l) the creation of lots by deed, contract, lease, or other conveyance executed prior to July 1, 1974; (m) the relocation of common boundary lines between or aggregations of adjoining properties that does not result in an increase in the number of lots; (n) a single gift or sale in each county to each member of the landowner's immediate family; or (o) subject to subsection (5), the creation of lots by deed, contract, lease, or other conveyance in which the landowner enters into a covenant with the governing body that runs with the land that provides that the divided land must be used exclusively for agricultural purposes. (2) Before a court of record orders a division of land under subsection (1)(a), the court shall notify the governing body of the pending division and allow the governing body to present written comment on the division. (3) A transfer of divided land by the owner of the property at the time that the land was divided to any party other than those identified in subsection (1)(b) subjects the division of land to the requirements of [sections 1 through 38]. (4) Instruments of transfer of land that is acquired for state highways may refer by parcel and project number to state highway plans that have been recorded in compliance with 60-2-209 and are exempted 114 - 2023 68th Legislature 2023 SB0382 - 32 - Authorized Print Version – SB 382 ENROLLED BILL from the surveying and platting requirements of [sections 1 through 38]. If the parcels are not shown on highway plans of record, instruments of transfer of the parcels must be accompanied by and refer to appropriate certificates of survey and plats when presented for recording. (5) The governing body, in its discretion, may revoke the covenant provided for in subsection (1)(o) without subdivision review if the original lot lines are restored through aggregation of the covenanted land prior to or in conjunction with the revoking of the covenant. Section 27. Adoption and amendment of subdivision regulations. (1) (a) The governing body shall adopt or amend subdivision regulations only after consideration by and on the recommendation of the planning commission. (b) An amendment to adopted subdivision regulations may be initiated: (i) by majority vote of the governing body; (ii) on petition of at least 15% of the electors of the local government jurisdiction to which the regulations apply, as registered at the last general election; or (iii) by a property owner, as related to an application for any zoning, subdivision, or other land use permit or approval. (2) Prior to making a recommendation to the governing body to adopt or amend subdivision regulations, the planning commission shall: (a) provide public notice and participation in accordance with [section 6]; (b) accept, consider, and respond to public comment on the proposed subdivision regulation or amendment to a subdivision regulation. All public comment must be part of the administrative record transmitted to the governing body. (c) make a preliminary determination as to whether the subdivision regulation or amendment to a subdivision regulation is in substantial compliance with the land use plan and zoning regulations, including whether the regulation or amendment: (i) enables the development of projected needed housing types identified in the land use plan and zoning regulations; (ii) reflects applicable strategies from the land use plan and zoning regulations to encourage the 115 - 2023 68th Legislature 2023 SB0382 - 33 - Authorized Print Version – SB 382 ENROLLED BILL development of housing within the jurisdiction; (iii) facilitates the adequate provision of public safety, emergency, utility, transportation, education, and any other local facilities or services for proposed development, as identified in the land use plan and zoning regulations; (iv) reflects standards that provide for existing, new, or expanding commercial, industrial, and institutional enterprises identified in the land use plan and zoning regulations for economic growth; (v) protects and maximizes the potential use of natural resources within the area, as identified in the land use plan and zoning regulations; (vi) contains standards that minimize or avoid impacts to the natural environment within the area, as identified in the land use plan and zoning regulations; and (vii) contains standards that avoid or minimize dangers associated with natural hazards in the jurisdiction, as identified in the land use plan and zoning regulations; and (d) preliminarily determine whether the proposed subdivision regulation or amendment to a subdivision regulation results in new or increased potential impacts to or from local facilities, services, natural resources, natural environment, or natural hazards from those previously described and analyzed in the assessments conducted for the land use plan and zoning regulations. (3) If the planning commission finds new or increased potential impacts from the proposed regulation or amendment to a regulation pursuant to subsection (2)(d), the local government shall collect additional data and conduct additional analysis necessary to provide the planning commission and the public with the opportunity, pursuant to [section 6], to comment on and consider all potential impacts resulting from adoption of the subdivision regulation or amendment to a subdivision regulation. (4) After meeting the requirements of subsection (2), the planning commission shall make a final recommendation to the governing body to approve, modify, or reject the proposed subdivision regulation or amendment to a subdivision regulation. (5) (a) The governing body shall consider each subdivision regulation or amendment to a subdivision regulation that the planning commission recommends to the governing body. (b) After providing public notice and participation in accordance with [section 6], the governing body may adopt, adopt with revisions that the governing body considers appropriate, or reject the subdivision 116 - 2023 68th Legislature 2023 SB0382 - 34 - Authorized Print Version – SB 382 ENROLLED BILL regulation or amendment to a subdivision regulation as proposed by the planning commission. (c) The governing body may not adopt or amend a subdivision regulation unless the governing body finds: (i) the subdivision regulation or amendment to a subdivision regulation is in substantial compliance with the land use plan and zoning regulations; and (ii) the impacts resulting from development in substantial compliance with the proposed subdivision regulation or amendment to a subdivision regulation have been made available for public review and comment, which have been fully considered by the governing body. (6) After the subdivision regulation or amendment to a subdivision regulation has been adopted by the governing body, there is a presumption that: (a) all subdivisions in substantial compliance with the adopted regulation or amendment are in substantial compliance with the land use plan and zoning regulations; and (b) the public has been provided a meaningful opportunity to participate. Section 28. Contents of local subdivision regulations. (1) The subdivision regulations adopted under [sections 25 through 34] are limited to the following requirements: (a) the date the regulations initially become effective under [sections 1 through 38] and the effective dates and the ordinance numbers for all subsequent amendments; (b) design standards for all subdivisions in the jurisdiction, which may be incorporated by reference or may be based on the information and analysis contained in the land use plan and zoning regulations, including: (i) standards for grading and erosion control; (ii) standards for the design and arrangement of lots, streets, and roads; (iii) standards for the location and installation of public utilities, including water supply and sewage and solid waste disposal; (iv) standards for the provision of other public improvements; and (v) legal and physical access to all lots; (c) when a subdivision creates parcels with lot sizes averaging less than 5 acres, a requirement 117 - 2023 68th Legislature 2023 SB0382 - 35 - Authorized Print Version – SB 382 ENROLLED BILL that the subdivider: (i) reserve all or a portion of the appropriation water rights owned by the owner of the subject property, transfer the water rights to a single entity for use by landowners within the subdivision who have a legal right to the water, and reserve and sever any remaining surface water rights from the land; (ii) if the land to be subdivided is subject to a contract or interest in a public or private entity formed to provide the use of a water right on the subdivision lots, establish a landowner's water use agreement that is administered through a single entity and that specifies administration and the rights and responsibilities of landowners within the subdivision who have a legal right and access to the water; or (iii) reserve and sever all surface water rights from the land; (d) except as provided in subsection (2), a requirement that the subdivider establish ditch easements that: (i) are in locations of appropriate topographic characteristics and sufficient width to allow the physical placement and unobstructed maintenance of open ditches or belowground pipelines for the delivery of water for irrigation to persons and lands legally entitled to the water under an appropriated water right or permit of an irrigation district or other private or public entity formed to provide for the use of the water right on the subdivision lots; (ii) unless otherwise provided for under a separate written agreement or filed easement, provide for the unobstructed use and maintenance of existing water delivery ditches, pipelines, and facilities in the subdivision that are necessary to convey water through the subdivision to lands adjacent to or beyond the subdivision boundaries in quantities and in a manner that are consistent with historic and legal rights; (iii) are a sufficient distance from the centerline of the ditch to allow for construction, repair, maintenance, and inspection of the ditch; and (iv) prohibit the placement of structures or the planting of vegetation other than grass within the ditch easement without the written permission of the ditch owner; (e) criteria that the planning administrator must use to determine whether a proposed method of disposition using the exemptions provided in [sections 1 through 38] is an attempt to evade the requirements of [sections 1 through 38]; (f) a list of the materials that must be included in order for the application to be determined 118 - 2023 68th Legislature 2023 SB0382 - 36 - Authorized Print Version – SB 382 ENROLLED BILL complete; (g) subject to subsection (4), identification of circumstances or conditions that may necessitate the denial of any or specific types of development, such as unmitigable natural hazards, insufficient water supply, inadequate drainage, lack of access, inadequate public services, or the excessive expenditure of public funds for the supply of the services; (h) subject to subsection (5), a list of public utilities and agencies of local, state, and federal government that the local government must seek input from during review of an application and for what information or analysis; or (i) subject to subsection (6), requirements for the dedication of land, cash-in-lieu thereof, or a combination of both for parks and recreation purposes, not to exceed 0.03 acres per dwelling unit. (2) A land donation under this section may be inside or outside of the subdivision. (3) The regulations may not require ditch easements if: (a) the average lot size is 1 acre or less and the subdivider provides for disclosure, in a manner acceptable to the governing body, that adequately notifies potential buyers of lots that are classified as irrigated land that the lots may continue to be assessed for irrigation water delivery even though the water may not be deliverable; or (b) the water rights are removed or the process has been initiated to remove the water rights from the subdivided land through an appropriate legal or administrative process and the removal or intended removal is denoted on the preliminary plat. If removal of water rights is not complete upon filing of the final plat, the subdivider shall provide written notification to prospective buyers of the intent to remove the water right and shall document that intent, when applicable, in agreements and legal documents for related sales transactions. (4) (a) The regulations must prohibit development in circumstances or conditions identified in subsection (1)(g) unless the hazards or impacts may be eliminated or overcome by approved construction techniques or other mitigation measures identified in the subdivision regulations. (b) Approved construction techniques or other mitigation measures described in subsection (4)(a) may not include building regulations as defined in 50-60-101 other than those identified by the department of labor and industry as provided in 50-60-901. (5) If a proposed subdivision is situated within a rural school district, as described in 20-9-615, the 119 - 2023 68th Legislature 2023 SB0382 - 37 - Authorized Print Version – SB 382 ENROLLED BILL local government shall provide a copy of the application and preliminary plat to the school district. (6) (a) A park dedication may not be required for: (i) land proposed for subdivision into parcels larger than 5 acres; (ii) subdivision into parcels that are all nonresidential; (iii) a subdivision in which parcels are not created, except when that subdivision provides multiple permanent spaces for recreational camping vehicles, mobile homes, or condominiums; or (iv) a subdivision in which only one additional parcel is created. (b) Subject to the approval of the local governing body and acceptance by the school district trustees, a subdivider may dedicate a land donation provided in subsection (6)(a) to a school district to be used for school facilities or buildings. Section 29. Local review procedure for divisions of land. (1) An applicant may request a preapplication submittal and response from the planning administrator prior to submitting a subdivision application. The preapplication review must take place no more than 30 business days from the date that the planning administrator receives a written request for a preapplication review from the subdivider. (2) On receipt of an application for an exemption from subdivision review under [section 26] that contains all materials and information required by the governing body under subsection (5), the local government: (a) shall approve or deny the application within 20 business days; (b) may not impose conditions on the approval of an exemption from subdivision review except for conditions necessary to ensure compliance with the survey requirements of [section 33(1)]; and (c) may require the certificate of survey to be reviewed for errors and omissions in calculation or drafting by an examining land surveyor before filing with the county clerk and recorder. The examining land surveyor shall certify compliance in a printed or stamped certificate signed by the surveyor on the certificate of survey. A professional land surveyor may not act as an examining land surveyor in regard to a certificate of survey in which the surveyor has a financial or personal interest. (3) (a) When a proposed subdivision lies entirely within an incorporated city or is proposed for annexation into the city, the application and preliminary plat must be submitted to and approved by the city. 120 - 2023 68th Legislature 2023 SB0382 - 38 - Authorized Print Version – SB 382 ENROLLED BILL (b) Except as provided in subsection (3)(c), when a proposed subdivision lies entirely in an unincorporated area, the application and preliminary plat must be submitted to and approved by the county. (c) If the proposed subdivision lies within an area subject to increased growth pressures, higher development densities, or other urban development influences identified by either jurisdiction in [section 14], the jurisdiction shall provide other impacted jurisdictions the opportunity to review and comment on the application. (d) If the proposed subdivision lies partly within an incorporated city, the application and preliminary plat must be submitted to and approved by both the city and the county governing bodies. (4) A subdivision application is considered received on the date the application is delivered to the reviewing agent or agency if accompanied by the review fee. (5) (a) The planning administrator has 20 business days to determine whether the application contains all information and materials necessary to complete the review of the application as set forth in the local subdivision regulations. (b) The planning administrator may review subsequent submissions of the application only for information found to be deficient during the original review of the application under subsection (5)(a). (c) A determination that an application contains sufficient information for review as provided in subsection (5)(a) does not ensure approval or conditional approval of the proposed subdivision and does not limit the ability of the planning administrator to request additional information during the review process. (6) A subdivider may propose a phasing plan for approval with a preliminary plat. The phasing plan must include a phasing plan and map that demonstrates what lots will be included with each phase, what public facilities will be completed with each phase, and the timeline for the proposed phases. (7) (a) If an application proposes a subdivision of a site that, with or without variances or deviations from adopted standards, is in substantial compliance with the zoning and subdivision regulations and all impacts resulting from the development were previously analyzed and made available for public review and comment prior to the adoption of the land use plan, zoning regulations, and subdivision regulations, or any amendment thereto, the planning administrator shall issue a written decision to approve, approve with conditions, or deny the preliminary plat. (b) The application is not subject to any further public review or comment, except as provided in [section 37]. 121 - 2023 68th Legislature 2023 SB0382 - 39 - Authorized Print Version – SB 382 ENROLLED BILL (c) The decision by the planning administrator must be made no later than 15 business days from the date the application is considered complete. (8) (a) If an application proposes subdivision of a site that, with or without variances or deviations from adopted standards, is in substantial compliance with the zoning and subdivision regulations but may result in new or significantly increased potential impacts that have not been previously identified and considered in the adoption of the land use plan, zoning regulations, or subdivision regulations, or any amendments thereto, the planning administrator shall proceed as follows: (i) request the applicant to collect additional data and perform additional analysis necessary to provide the planning administrator and the public with the opportunity to comment on and consider the impacts identified in this subsection (8)(a); (ii) collect additional data or perform additional analysis that the planning administrator determines is necessary to provide the local government and the public with the opportunity to comment on and consider the impacts identified in this subsection (8)(a); and (iii) provide notice of a written comment period of 15 business days during which the public must have a reasonable opportunity to participate in the consideration of the impacts identified in this subsection (8)(a). (b) Any additional analysis or public comment on the proposed development is limited to only new or significantly increased potential impacts resulting from the proposed development to the extent that the impact was not previously identified in the consideration and adoption of the land use plan, zoning regulations, subdivision regulations, or any amendments thereto. (9) Within 30 business days of the end of the written comment period provided in subsection (8)(a)(iii), the planning administrator shall issue a written decision to approve, conditionally approve, or deny a proposed subdivision application. (10) The basis of the decision to approve, conditionally approve, or deny a proposed preliminary plat is based on the administrative record as a whole and a finding that the proposed subdivision: (a) meets the requirements and standards of [sections 1 through 38]; (b) meets the survey requirements provided in [section 33(1)]; (c) provides the necessary easements within and to the proposed subdivision for the location and 122 - 2023 68th Legislature 2023 SB0382 - 40 - Authorized Print Version – SB 382 ENROLLED BILL installation of any planned utilities; and (d) provides the necessary legal and physical access to each parcel within the proposed subdivision and the required notation of that access on the applicable plat and any instrument of transfer concerning the parcel. (11) (a) The written decision must identify each finding required in subsection (10) that supports the decision to approve, conditionally approve, or deny a proposed preliminary plat, including any conditions placed on the approval that must be satisfied before a final plat may be approved. (b) The written decision must identify all facts that support the basis for each finding and each condition and identify the regulations and statutes used in reaching each finding and each condition. (c) When requiring mitigation as a condition of approval, a local government may not unreasonably restrict a landowner's ability to develop land. However, in some instances, the local government may determine that the impacts of a proposed development are unmitigable and preclude approval of the subdivision. (12) The written decision to approve, conditionally approve, or deny a proposed subdivision must: (a) be provided to the applicant; (b) be made available to the public; (c) include information regarding the appeal process; and (d) state the timeframe the approval is in effect. (13) The planning administrator's decision is final, and no further action may be taken except as provided in [section 37]. (14) Any changes to an approved preliminary plat that increases the number of lots or redesigns or rearranges six or more lots must undergo consideration and approval of an amended plat following the requirements of this section. Section 30. Effect of preliminary plat approval. (1) (a) An approved or conditionally approved preliminary plat must be in effect for not more than 5 calendar years and not less than 1 calendar year. (b) At the end of the period, the planning administrator may, at the request of the subdivider, extend the approval once by written agreement. (c) On receipt of a request for an extension, the planning administrator shall determine whether 123 - 2023 68th Legislature 2023 SB0382 - 41 - Authorized Print Version – SB 382 ENROLLED BILL the preliminary plat remains in substantial compliance with the zoning and subdivision regulations. If the preliminary plat is no longer in substantial compliance with the zoning or subdivision regulations, the extension may not be granted. (d) After a preliminary plat is approved, the local government may not impose any additional conditions as a prerequisite to final plat approval if the approval is obtained within the original or extended approval period. (e) Any subsequent requests by the subdivider for extension of the approval must be reviewed and approved by the governing body. (2) An approved or conditionally approved phased preliminary plat must be in effect for 20 calendar years. Section 31. Local review procedure for final plats. (1) The following must be submitted with a final plat application: (a) information demonstrating the final plat conforms to the written decision and all conditions of approval set forth on the preliminary plat; (b) a plat that meets the survey requirements provided in [section 33(1)]; and (c) confirmation the county treasurer has certified that all real property taxes and special assessments assessed and levied on the land to be subdivided have been paid. (2) The final plat may be required to be reviewed for errors and omissions in calculation or drafting by an examining land surveyor before filing with the county clerk and recorder. The examining land surveyor shall certify compliance in a printed or stamped certificate signed by the surveyor on the final plat. A professional land surveyor may not act as an examining land surveyor in regard to a plat in which the surveyor has a financial or personal interest. (3) A final plat application is considered received on the date the application is delivered to the governing body or the agent or agency designated by the governing body if accompanied by the review fee. (4) (a) Within 10 business days of receipt of a final plat, the planning administrator shall determine whether the final plat contains the information required under subsection (1) and shall notify the subdivider in writing. 124 - 2023 68th Legislature 2023 SB0382 - 42 - Authorized Print Version – SB 382 ENROLLED BILL (b) If the planning administrator determines that the final plat does not contain the information required under subsection (1), the planning administrator shall identify the final plat's defects in the notification. (c) The planning administrator may review subsequent submissions of the final plat only for information found to be deficient during the original review of the final plat under subsection (4)(a). (d) A determination that the application for a final plat contains sufficient information for review as provided in subsection (4)(a) does not ensure approval of the final plat and does not limit the ability of the planning administrator to request additional information during the review process. (5) Once a determination is made under subsection (4) that the final plat contains the information required under subsection (1), the governing body shall review and approve or deny the final plat within 20 business days. (6) The subdivider or the subdivider's agent and the governing body or its reviewing agent or agency may mutually agree to extend the review periods provided for in this section. (7) (a) For a period of 5 years after approval of a phased preliminary plat, the subdivider may apply for final plat of any one or more phases following the process set forth in subsections (1) through (6). (b) After 5 years have elapsed since approval of a phased preliminary plat, the planning administrator shall review each remaining phase to determine if a phase may result in new or significantly increased potential impacts that have not been previously identified and considered in the adoption of the land use plan, zoning or subdivision regulations, or review and approval of the phased preliminary plat. If the planning administrator identifies any new or significantly increased potential impacts not previously identified and considered, the planning administrator shall proceed as set forth in [section 29(8)]. (c) If necessary to mitigate impacts identified in subsection (7)(b), the planning administrator may impose conditions on any phase before final plat approval is sought. Section 32. Filing and recordation of plats and certificates of survey. (1) (a) Except as provided in subsection (1)(b), every final plat or certificate of survey must be filed for record with the county clerk and recorder before title to the land may be sold or transferred in any manner. The clerk and recorder of the county may not accept any final plat or certificate of survey for record that has not been approved in accordance with [sections 25 through 34] unless the final plat or certificate of survey is located in an area over which the state 125 - 2023 68th Legislature 2023 SB0382 - 43 - Authorized Print Version – SB 382 ENROLLED BILL does not have jurisdiction. (b) After the preliminary plat of a subdivision has been approved or conditionally approved, the subdivider may enter into contracts to sell lots in the proposed subdivision if all of the following contract conditions are imposed and met: (i) the purchasers of lots in the proposed subdivision make payments to an escrow agent, which must be a bank or savings and loan association chartered to do business in the state of Montana; (ii) the payments made by purchasers of lots in the proposed subdivision may not be distributed by the escrow agent to the subdivider until the final plat of the subdivision is filed with the county clerk and recorder; (iii) if the final plat of the proposed subdivision is not filed with the county clerk and recorder within the approval period of the preliminary plat, the escrow agent shall immediately refund to each purchaser any payments the purchaser has made under the contract; (iv) the county treasurer has certified that no real property taxes assessed and levied on the land to be divided are delinquent; and (v) the following language is conspicuously set out in each contract: "The real property that is the subject of this contract has not been finally platted, and until a final plat identifying the property has been filed with the county clerk and recorder, title to the property may not be transferred in any manner". (2) (a) Subject to subsection (2)(b), no division of land may be made unless the county treasurer has certified that all real property taxes and special assessments assessed and levied on the land to be divided have been paid. (b) (i) If a division of land includes centrally assessed property and the property taxes applicable to the division of land are not specifically identified in the tax assessment, the department of revenue shall prorate the taxes applicable to the land being divided on a reasonable basis. The owner of the centrally assessed property shall ensure that the prorated real property taxes and special assessments are paid on the land being sold before the division of land is made. (ii) The county treasurer may accept the amount of the tax prorated pursuant to this subsection (2)(b) as a partial payment of the total tax that is due. (3) (a) The county clerk and recorder shall maintain an index of all recorded and filed subdivision 126 - 2023 68th Legislature 2023 SB0382 - 44 - Authorized Print Version – SB 382 ENROLLED BILL plats and certificates of survey. (b) The index must list plats and certificates of survey by the quarter section, section, township, and range in which the platted or surveyed land lies and must list the recording or filing numbers of all plats or certificates of survey depicting lands lying within each quarter section. Each quarter section list must be definitive to the exclusion of all other quarter sections. The index must also list the names of all subdivision plats in alphabetical order and the place where filed. (4) The recording of any plat made in compliance with the provisions of [sections 1 through 38] must serve to establish the identity of all lands shown on and being part of the plat. When lands are conveyed by reference to a plat, the plat itself or any copy of the plat properly certified by the county clerk and recorder as being a true copy thereof must be regarded as incorporated into the instrument of conveyance and must be received in evidence in all courts of this state. (5) (a) Any plat prepared and recorded as provided in [sections 25 through 34] may be vacated either in whole or in part as provided by 7-5-2501, 7-5-2502, 7-14-2616(1) and (2), 7-14-2617, 7-14-4114(1) and (2), and 7-14-4115. Upon vacation, the governing body or the district court, as provided in 7-5-2502, shall determine to which properties the title to the streets and alleys of the vacated portions must revert. The governing body or the district court, as provided in 7-5-2502, shall take into consideration: (i) the previous platting; (ii) the manner in which the right-of-way was originally dedicated, granted, or conveyed; (iii) the reasons stated in the petition requesting the vacation; (iv) the parties requesting the vacation; and (v) any agreements between the adjacent property owners regarding the use of the vacated area. The title to the streets and alleys of the vacated portions may revert to one or more of the owners of the properties within the platted area adjacent to the vacated portions. (b) Notwithstanding the provisions of subsection (5)(a), when any poleline, pipeline, or any other public or private facility is located in a vacated street or alley at the time of the reversion of the title to the vacated street or alley, the owner of the public or private utility facility has an easement over the vacated land to continue the operation and maintenance of the public utility facility. 127 - 2023 68th Legislature 2023 SB0382 - 45 - Authorized Print Version – SB 382 ENROLLED BILL Section 33. Survey requirements. (1) Divisions of land under [sections 1 through 38] must follow the uniform standards governing monumentation, certificates of survey, and subdivision plats prescribed and adopted by the board of professional engineers and professional land surveyors. (2) All division of sections into aliquot parts and retracement of lines must conform to United States bureau of land management instructions, and all public land survey corners must be filed in accordance with Title 70, chapter 22, part 1. Engineering plans, specifications, and reports required in connection with public improvements and other elements of the subdivision required by the governing body must be prepared and filed by a registered engineer or a registered land surveyor, as their respective licensing laws allow, in accordance with [sections 25 through 34] and regulations adopted pursuant to [sections 25 through 34]. (3) All divisions of land for sale other than a subdivision created after July 1, 1974, divided into parcels that cannot be described as 1/32 or larger aliquot parts of a United States government section or a United States government lot must be surveyed by or under the supervision of a registered land surveyor. Surveys required under this section must comply with the requirements of subsection (8). (4) Except as provided in 70-22-105, within 180 days of the completion of a survey, the professional land surveyor responsible for the survey, whether the surveyor is privately or publicly employed, shall prepare and submit for filing a certificate of survey in the county in which the survey was made if the survey: (a) provides material evidence not appearing on any map filed with the county clerk and recorder or contained in the records of the United States bureau of land management; (b) reveals a material discrepancy in the map; (c) discloses evidence to suggest alternate locations of lines or points; or (d) establishes one or more lines not shown on a recorded map, the positions of which are not ascertainable from an inspection of the map without trigonometric calculations. (5) A certificate of survey is not required for any survey that is made by the United States bureau of land management, that is preliminary, or that will become part of a subdivision plat being prepared for recording under the provisions of [sections 1 through 38]. (6) It is the responsibility of the governing body to require the replacement of all monuments removed in the course of construction. 128 - 2023 68th Legislature 2023 SB0382 - 46 - Authorized Print Version – SB 382 ENROLLED BILL (7) (a) A registered land surveyor may administer and certify oaths when: (i) it becomes necessary to take testimony for the identification of old corners or reestablishment of lost or obliterated corners; (ii) a corner or monument is found in a deteriorating condition and it is desirable that evidence concerning it be perpetuated; or (iii) the importance of the survey makes it desirable to administer an oath to the surveyor's assistants for the faithful performance of their duty. (b) A record of oaths must be preserved as part of the field notes of the survey and noted on the certificate of survey filed under subsection (4). (8) (a) (i) A surveyor who completes a survey identified in subsection (8)(b) that establishes or defines a section line and creates a parcel that crosses the established or defined section line so that an irrigation district assessment boundary is included in more than one section shall note on the survey the acreage of the farm unit or created parcel in each section. (ii) The surveyor shall notify the appropriate irrigation district of the existence of the survey and the purpose of the survey. (b) The requirements of subsection (8)(a) apply only to surveys for which the surveyor determines that, based on available public records, the survey involves land: (i) traversed by a canal or ditch owned by an irrigation district; or (ii) included in an irrigation district. Section 34. Public improvements and extension of capital facilities. (1) Except as provided in subsections (1)(a) and (1)(c), the governing body shall require the subdivider to complete required improvements within the proposed subdivision prior to the approval of the final plat. (a) (i) In lieu of the completion of the construction of any public improvements prior to the approval of a final plat, the governing body shall, at the subdivider's option, allow the subdivider to provide or cause to be provided a bond or other reasonable security, in an amount and with surety and conditions satisfactory to the governing body, providing for and securing the construction and installation of the improvements within a period specified by the governing body and expressed in the bonds or other security. The governing body shall reduce 129 - 2023 68th Legislature 2023 SB0382 - 47 - Authorized Print Version – SB 382 ENROLLED BILL bond or security requirements commensurate with the completion of improvements. Failure of the local government to require the renewal of a bond does not waive the subdivider's responsibility to complete the required improvements prior to the approval of the final plat. (ii) In lieu of requiring a bond or other means of security for the construction or installation of all the required public improvements under subsection (2)(a)(i), the governing body may enter into a subdivision improvements agreement with the subdivider that provides for an incremental payment, guarantee plan, or other method of completing the necessary improvements to serve the development as set forth in the preliminary plat approval. (b) Approval by the governing body of a final plat prior to the completion of required improvements and without the provision of the security required under subsection (1)(a) is not an act of a legislative body for the purposes of 2-9-111. (c) The governing body may require a percentage of improvements or specific types of improvements necessary to protect public health and safety to be completed before allowing bonding, other reasonable security, or entering into a subdivision improvements agreement for purposes of filing a final plat. The requirement is applicable to approved preliminary plats. (2) (a) A local government may require a subdivider to pay or guarantee payment for part or all of the costs of extending capital facilities related to public health and safety, including but not limited to public roads, sewer lines, water supply lines, and storm drains to a subdivision. The costs must reasonably reflect the expected impacts directly attributable to the subdivision. A local government may not require a subdivider to pay or guarantee payment for part or all of the costs of constructing or extending capital facilities related to education. (b) All fees, costs, or other money paid by a subdivider under this subsection (2) must be expended on the capital facilities for which the payments were required. Section 35. Variances. (1) All land use regulations must include a process for the submission and review of variances. (2) The application for a variance must be for relief from land or building form design standards or subdivision design and improvement standards. 130 - 2023 68th Legislature 2023 SB0382 - 48 - Authorized Print Version – SB 382 ENROLLED BILL (3) Variance applications must be considered and approved or approved with conditions before application or in conjunction with application for a zoning permit or subdivision approval. (4) The granting of a variance must meet all of the following criteria: (a) the variance is not detrimental to public health, safety or general welfare; (b) the variance is due to conditions peculiar to the property, such as physical surroundings, shape, or topographical conditions; (c) strict application of the regulations to the property results in an unnecessary hardship to the owner as compared to others subject to the same regulations and that is not self-imposed; (d) the variance may not cause a substantial increase in public costs; and (e) the variance may not place the property in nonconformance with any other regulations. (5) Additional criteria may apply if the variance is associated with a floodplain or floodway pursuant to the requirements of Title 76, chapter 5. (6) Variance requests must be reviewed and determined by the planning administrator. The planning administrator's decision is final and no further action may be taken except as provided in [section 37]. Section 36. Fees. The governing body may establish reasonable fees to be paid by an applicant for a zoning permit, subdivision application, appeals, or any other review performed by the local government pursuant to [sections 1 through 38] to defray the expense of performing the review. Section 37. Appeals. (1) Appeals of any final decisions made pursuant to [sections 1 through 38] must be made in accordance with this section. (2) For a challenge to the adoption of or amendment to a land use plan, zoning regulation, zoning map, or subdivision regulation, a petition setting forth the basis for the challenge must be presented to the district court within 30 days of the date of the resolution or ordinance adopted by the governing body. (3) (a) Any final administrative land use decision, including but not limited to approval or denial of a zoning permit, preliminary plat or final plat, imposition of a condition on a zoning permit or plat, approval or denial of a variance from a zoning or subdivision regulation, or interpretation of land use regulations or map may be appealed by the applicant or any aggrieved person to the planning commission. 131 - 2023 68th Legislature 2023 SB0382 - 49 - Authorized Print Version – SB 382 ENROLLED BILL (b) An appeal under subsection (3)(a) must be submitted in writing within 15 business days of the challenged decision, stating the facts and raising all grounds for appeal that the party may raise in district court. (c) The planning commission shall hear the appeal de novo. The planning commission is not bound by the decision that has been appealed, but the appeal must be limited to the issues raised on appeal. The appellant has the burden of proving that the appealed decision was made in error. (e) A decision of the planning commission on appeal takes effect on the date when the planning commission issues a written decision. (4) (a) Any final land use decision by the planning commission may be appealed by the applicant, planning administrator, or any aggrieved person to the governing body. (b) An appeal under subsection (4)(a) must be submitted in writing within 15 business days of the challenged decision, stating the facts and raising all grounds for appeal that the party may raise in district court. (c) The governing body shall hear the appeal de novo. The governing body is not bound by the decision that has been appealed, but the appeal must be limited to the issues raised on appeal. The appellant has the burden of proving that the appealed decision was made in error. (d) A decision of the governing body on appeal takes effect on the date when the governing body issues a written decision. (5) (a) No person may challenge in district court a land use decision until that person has exhausted the person's administrative appeal process as provided in this section. (b) Any final land use decision of the governing body may be challenged by presenting a petition setting forth the grounds for review of a final land use decision with the district court within 30 calendar days after the written decision is issued. (c) A challenge in district court to a final land use decision of the governing body is limited to the issues raised by the challenger on administrative appeal. (6) Every final land use decision made pursuant to this section must be based on the administrative record as a whole and must be sustained unless the decision being challenged is arbitrary, capricious, or unlawful. (7) Nothing in [sections 1 through 38] is subject to any provision of Title 2, chapter 4. 132 - 2023 68th Legislature 2023 SB0382 - 50 - Authorized Print Version – SB 382 ENROLLED BILL Section 38. Enforcement and penalties. (1) A local government may, by ordinance, establish civil penalties for violations of any of the provisions of [sections 1 through 38] or of any ordinances adopted under the authority of [sections 1 through 38]. (2) Prior to seeking civil penalties against a property owner, a local government shall provide: (a) written notice, by mail or hand delivery, of each ordinance violation to the address of the owner of record on file in the office of the county recorder; (b) a reasonable opportunity to cure a noticed violation; and (c) a schedule of the civil penalties that may be imposed on the owner for failure to cure the violation before expiration of a time certain. (3) A local government may, in addition to other remedies provided by law, seek: (a) an injunction, mandamus, abatement, or any other appropriate action provided for in law; (b) proceedings to prevent, enjoin, abate, or remove an unlawful building, use, occupancy, or act; or (c) criminal prosecution for violation of any of the provisions of [sections 1 through 38] or of any ordinances adopted under the authority of [sections 1 through 38] as a misdemeanor punishable by a fine not to exceed $500 per day for each violation. (4) In any enforcement action taken under this section or remedy sought thereunder, the parties shall pay their own costs and attorney fees. Section 39. Repealer. The following sections of the Montana Code Annotated are repealed: 7-21-1001. Legislative findings and purpose. 7-21-1002. Definitions. 7-21-1003. Local government regulations -- restrictions. Section 40. Codification instruction. [Sections 1 through 38] are intended to be codified as an integral part of Title 76, and the provisions of Title 76 apply to [sections 1 through 38]. Section 41. Effective date. [This act] is effective on passage and approval. 133 - 2023 68th Legislature 2023 SB0382 - 51 - Authorized Print Version – SB 382 ENROLLED BILL Section 42. Applicability. [This act] applies to local governments that currently meet the population thresholds in [section 5]. - END - 134 I hereby certify that the within bill, SB 382, originated in the Senate. ___________________________________________ Secretary of the Senate ___________________________________________ President of the Senate Signed this _______________________________day of____________________________________, 2023. ___________________________________________ Speaker of the House Signed this _______________________________day of____________________________________, 2023. 135 SENATE BILL NO. 382 INTRODUCED BY F. MANDEVILLE, D. FERN, S. VINTON, M. BERTOGLIO, L. BREWSTER, M. HOPKINS, E. BOLDMAN, G. HERTZ, C. FRIEDEL, J. KARLEN AN ACT CREATING THE MONTANA LAND USE PLANNING ACT; REQUIRING CITIES THAT MEET CERTAIN POPULATION THRESHOLDS TO UTILIZE THE LAND USE PLAN, MAP, ZONING REGULATIONS, AND SUBDIVISION REGULATIONS PROVIDED IN THE ACT; ALLOWING OTHER LOCAL GOVERNMENTS THE OPTION TO UTILIZE THE PROVISIONS OF THE ACT; REQUIRING PUBLIC PARTICIPATION DURING THE DEVELOPMENT, ADOPTION, OR AMENDMENT OF A LAND USE PLAN, MAP, ZONING REGULATION, OR SUBDIVISION REGULATION; PROVIDING STRATEGIES TO MEET POPULATION PROJECTIONS; PROVIDING FOR CONSIDERATION OF FACTORS SUCH AS HOUSING, LOCAL FACILITIES, ECONOMIC DEVELOPMENT, NATURAL RESOURCES, ENVIRONMENT, AND NATURAL HAZARDS WHEN DEVELOPING A LAND USE PLAN, MAP, AND ZONING REGULATION; PROVIDING FOR A PROCEDURE TO REVIEW SUBDIVISIONS AND APPROVE FINAL PLATS; PROVIDING FOR A LOCAL GOVERNING BODY TO COLLECT FEES; PROVIDING AN APPEALS PROCESS, ENFORCEMENT MECHANISMS, AND PENALTIES; PROVIDING DEFINITIONS; REPEALING SECTIONS 7-21-1001, 7-21-1002, AND 7-21-1003, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND AN APPLICABILITY DATE. 136 Memorandum REPORT TO:Community Development Board FROM:Nick Ross, Transportation and Engineering Director Brian Heaston, Engineer III Shawn Kohtz, City Engineer Chris Saunders, Community Development Manager Greg Sullivan, City Attorney Anna Saverud, Assistant City Attorney SUBJECT:Wetland Protection Mitigation Code Revision Project Update MEETING DATE:August 7, 2023 AGENDA ITEM TYPE:Policy Discussion RECOMMENDATION:Receive Presentation, Discuss Alternatives 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:The purpose of this discussion is to brief the Community Development Board, in their advisory role overseeing potential development code revisions, on the current city project to update portions of our wetland- related code. This will be an introductory conversation, with a detailed presentation of the proposed code revisions scheduled later this calendar year. Staff has targeted a first read of the eventual code update to be before Commission by the end of 2023. The following Background was to Bozeman City Commission before a work session held on July 25, 2023. Staff have received direction from Commission on the related work session questioning. General Overview Mitigation of impacts to wetlands that occurs during land development is subject to both federal and local regulation. Federal regulation pursuant to the Clean Water Act is enforced by the United States Army Corps of Engineers (USACE) as well as the Environmental Protection Agency (EPA). Local regulation occurs per the City’s Unified Development Code (UDC) Division 38.610, titled Wetlands Regulations. Prior to the United States Supreme Court’s recent decision in Sackett v. Environmental Protection Agency, 142 S.Ct. 1322 (2023), the federal 137 agencies regulated wetlands using a broad definition that included many wetlands within the City. The City’s regulation of wetlands addresses wetlands historically regulated by the federal agencies resulting in concurrent (but not identical) regulation. The Sackett decision significantly narrows the scope of federal regulatory authority over wetlands (see below for a more detailed discussion). As a result, the City’s regulatory program is now the sole regulatory authority over many wetlands that were, prior to Sackett, covered under federal wetland regulations. The City’s historical regulatory approach was to defer to the federal agencies for decisions on mitigation for wetland impacts where both the federal agencies and the City had jurisdiction. Now, after Sackett, federal jurisdiction is significantly limited resulting in a concomitant expansion of the City’s sole jurisdiction over wetlands impacts within the City. Where the impacts of land development to wetlands are unavoidable, mitigation of such impacts regulated by federal agencies may occur in locations distant from the City including the Upper Missouri Wetland Bank located in Twin Bridges, Montana. Currently, a local wetlands bank is under development by the Sacajawea Audubon Society (SAS) in the vicinity of Haggerty Lane and East Main Street intersection. If this bank qualifies as a wetland bank for purposes of federal regulation, landowners seeking to mitigate wetlands that fall within the jurisdiction of federal agencies may be able to access the SAS bank, once established. The SAS bank may also be available to the City to provide mitigation for wetlands now regulated only by the City. The purpose of this work session is to provide the Commission with information related to: (i) the current approach of the City to its wetlands regulatory program under the UDC; (ii) provide information on the Sackett decision and the issues resulting from the decision; and (iii) provide information on future approaches to local regulation of wetlands. Strategic Plan This work session is informed by the following strategic plan priorities: 6.1. a) Watershed Management – Develop and implement a regional watershed approach to manage water quantity and quality. 6.3. d) Climate Change Adaptation and Mitigation – Increase the community’s resiliency and preparedness in response to climate change. 6.5 Parks, Trails and Open Space – Support the maintenance and expansion of an interconnected system of parks, trails and open spaces. 6.6 Habitat – Work with partner organizations to identify at-risk, environmentally sensitive parcels [that] contribute to water quality, wildlife corridors, and wildlife habitat. Existing UDC Wetland Code Overview 138 The City first adopted local regulations to protect wetlands in 2003 by Ordinance 1604. Local regulations have been in effect continuously since initial adoption. The local regulations are supplementary to federal regulations in that historically, the City’s regulations have also regulated wetlands covered by the Clean Water Act. But there are key differences between the historical federal regulatory scheme and the City’s regulations. Most importantly, the City’s regulations apply to wetlands as small as 400 sq. ft. (whereas the federal threshold is 4,360 sq. ft.) and to isolated wetlands not connected to waters of the United States. The City’s regulations exclude artificially created wetlands related to irrigation and stormwater facilities. The scope of federal regulations over such isolated and artificially created wetlands has shifted over time with U.S. Supreme Court decisions and corresponding federal regulations promulgated by EPA and USACE defining waters of the United States consistent with the court’s opinion. Another key difference between the city and federal regulations is that the City’s wetland regulations are also coordinated with development code requirements for protecting watercourses. If a wetland is located within the required setback for a watercourse then the setback is expanded to include the wetland area (Bozeman Municipal Code 38.410.100). A board of wetland professionals was originally established to apply the City’s wetland regulations. The necessary expertise is a small pool of candidates, and the City struggled to maintain a quorum of persons who did not have conflicts of interest. In 2016, through Ordinance 1945, the City Commission dissolved the wetlands review board. Since then the City has contracted with qualified professionals to assist in the review of development that is impacting wetlands. United States Supreme Court Sackett Decision As noted above, the recent Sackett decision significantly altered the scope of federal wetland regulation. Prior to Sackett, federal agencies regulated wetlands that were not only immediately adjacent to traditionally navigable waters, but also wetlands that had a continuous surface connection to such water or had a significant nexus to interstate or traditional navigable waters. This “significant nexus” required federal agencies to analyze a number of factors. A significant nexus existed, under federal guidance, when “wetlands, either alone or in combination with similarly situated lands in the region, significantly affect the chemical, physical, and biological integrity of those waters.” The result is that the federal agencies regulated millions of acres of wetlands nationwide that were not immediately adjacent to or indistinguishable from traditionally navigable waters. That all changed with the Sackett decision. The majority of the Court determined “that the CWA [Clean Water Act] extends to only those wetlands with a continuous surface connection to bodies that are ‘waters of the 139 United States’ in their own right so that they are ‘indistinguishable’ from those waters.” The result is that many wetlands that were formerly regulated by the federal agencies are no longer under federal jurisdiction. The Supreme Court remanded this decision back to the 9th Circuit Court of Appeals. Additional litigation will most likely be necessary to finally resolve the specific issue in the case. In the meantime, we understand the federal agencies are “developing a rule” to address the decision. See this update from the USACE. The update indicates the federal agencies will issue a new rule by September 1, 2023. To truly comprehend the scope of the impact of Sackett and the future of federal regulation of wetlands, we believe the City must consider any new federal rule and guidance to understand how the City could move forward regulating based solely on the UDC requirements. This includes regulation of wetlands that were, but are no longer, regulated federally and how the City will integrate its mitigation requirements (including a bank) into the ongoing federal wetland bank program. Sacajawea Audubon Society Local Wetland Bank Collaboration City staff have worked with the SAS in support of their wetlands development project. Collaboration has included rerouting a public sanitary sewer main around the SAS wetlands to the extent feasible, over 40 meetings to-date with SAS over the past several years, and working with other public and private agencies to support the wetlands project including coordination with Montana Department of Transportation, BNSF Railway, and USACE. SAS has indicated their willingness to price its mitigation bank credits no higher than the Upper Missouri Mitigation Bank credits if a local mitigation requirement is put in place. SAS further indicated they are estimating mitigation credits from their local bank would last approximately 4 years at the current rate of mitigation credits purchase for development occurring within the City. Regulatory and Mitigation Options Given the significant change in regulatory authority stemming from the Sackett decision, we believe waiting for the federal agencies to issue new rules regarding federal jurisdiction is important before any significant adjustment to City regulatory authority occurs. Nevertheless, prior to the Sackett decision, City staff contacted USACE to engage in conversation about the ability of the City to impose regulations that would require local mitigation of wetlands covered by federal jurisdiction and also wetlands covered only by the City’s UDC. USACE indicated that local regulations that are more stringent than USACE regulations may be allowed. However, there are coordination items that need to be considered: For federally jurisdictional wetlands impacts that are regulated by both USACE (post-Sackett) and also by the City’s UDC, USACE will only 140 accept wetland bank credits from a USACE approved mitigation bank. This was the case before Sackett and will remain the case after Sackett. USACE will not enforce local requirements. USACE regulations allow for acceptance of mitigation bank credits from the Upper Missouri Mitigation Bank for federally jurisdictional wetlands impacts (or other mitigation bank developed in the future such as the SAS mitigation bank upon USACE recognition), so, for wetlands regulated only by the City (no longer under federal jurisdiction), the City would need to require local wetland mitigation and create a local tracking and enforcement mechanism to ensure the impacts to wetlands regulated only locally are mitigated using a locally authorized mitigation bank. An important consideration here is that local requirements for localmitigation cannot double-count any federally authorized credits as double-counting does not further ecological goals of ensuring wetland impacts, regardless of jurisdictional status, are fully offset. USACE prefers existing mitigation banks over cash-in-lieu options due to the assurance that a wetlands mitigation project will be completed. There is essentially a higher risk that mitigation will not be completed through the use of cash-in-lieu options. We concur with this preference and will recommend this be included in any new local-only program. The USACE strategy for wetlands is in order of preference, to avoid impacts, then, minimize impacts to wetlands, and lastly mitigate wetlands impacts where impacts are unavoidable. This mitigation scheme is also mirrored by the City’s UDC. Recognizing that after Sackett, the City continues to regulate impacts to wetlands federal agencies no longer can, we are examining a number of questions. These questions include significant operational and legal issues. To what extent can local rules supplant a developer’s ability to pick a location for mitigation of federally jurisdictional wetlands? Can an authorized USACE wetland mitigation bank be locally authorized for non-federally jurisdictional wetland impacts without double-counting of the federally-authorized credits? As an interim measure, until such time as the SAS wetland bank is authorized by USACE, should the City allow the use of other federally- authorized banks outside of the East Gallatin basin? This review will require evaluation of a local government’s authority to regulate the location of the mitigation of wetlands and to distinguish such authority by the jurisdictional status of the wetlands. In addition, the investigation must examine whether the City should provide for circumstances where mitigation using a local wetland bank is not available in the East Gallatin watershed, especially considering the SAS wetland bank, once established, is projected to fully exhaust its credits within a 4 year period. 141 Lastly, in addition to adopting new regulations and setting up a local mitigation bank tracking system, and due to the Sackett decision, we believe the City needs significantly more staff resources and expertise to enforce UDC wetlands regulations that were previously largely enforced by the federal agencies. Initial estimates of staff time include 2 full-time equivalents (FTEs) to implement and track local wetlands mitigation requirements and provide regulatory oversight previously provided by USACE. Current staff have some knowledge of wetlands; however, current staff do not have the certifications or expertise to manage a local wetlands program. A wetlands program would likely mirror the USACE program to the extent possible to ensure property developers don’t have to duplicate efforts for wetlands mitigation from both the City and USACE where the two would overlap. This program would necessitate establishing and funding a new City division, similar to the Sustainability Program Division. A wetlands programmatic and operational needs include a number of elements, such as: Wetland delineation and jurisdictional status Permit development and tracking of mitigation credits Permit review,approval, and monitoring Enforcement Coordination of credits tracking with USACE Site inspections and documentation General overhead (such as admin support, etc.) UNRESOLVED ISSUES: Regulatory authority USACE-approved local wetland mitigation bank options Wetlands division program development and funding Public outreach and reactions from Sackett decision ALTERNATIVES:As determined by the board. FISCAL EFFECTS:Fiscal effects include approximately $300,000-$400,000 per year for staff and program development as well as consultant support pending the scope of the program. Report compiled on: July 24, 2023 142 Memorandum REPORT TO:Community Development Board FROM:Chris Saunders, Community Development Manager Erin George, Community Development Deputy Director Anna Bentley, Community Development Director SUBJECT:Upcoming Items for the August 21, 2023, Community Development Board Meeting MEETING DATE:August 7, 2023 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Information only, no action required. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:No project review items are currently scheduled for the August 21, 2023 Community Development Board UNRESOLVED ISSUES:None. ALTERNATIVES:None. FISCAL EFFECTS:None. Report compiled on: August 3, 2023 143