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HomeMy WebLinkAbout01-22-24 CDB Agenda and Packet MaterialsA. Call to Order - 6:00 pm B. Disclosures C. Changes to the Agenda D. Public Comments THE COMMUNITY DEVELOPMENT BOARD OF BOZEMAN, MONTANA CDB AGENDA Monday, January 22, 2024 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 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 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. 1 E. Special Presentations E.1 Overview of the Proposed Water Efficient Landscape and Irrigation Performance and Design Standards(Ahlstrom) F. Action Items F.1 The South Range Crossing North Zone Map Amendment Requesting Amendment of the City Zoning Map to Change the Zoning from R-1 (Residential Low Density District) and R-2 (Residential Moderate Density District) to B-2M (Community Business District-Mixed) on the Western Half of the Lot and from R-1 (Residential Low Density District) and R-2 (Residential Moderate Density District) to REMU (Residential Emphasis Mixed Use) on the Eastern Half of the Property with Four Parcels Totaling 39.86 acres. This Report Only Addresses the REMU Portion of the Application. The subject site is located on the northeast corner of the intersection of 19th Avenue and Graf Street. Application 23059.(Cramblet) F.2 The South Range Crossing North Zone Map Amendment Requesting Amendment of the City Zoning Map to Change the Zoning from R-1 (Residential Low Density District) and R-2 (Residential Moderate Density District) to B-2M (Community Business District-Mixed) on the Western Half of the Property and from R-1 (Residential Low Density District) and R-2 (Residential Moderate Density District) to REMU (Residential Emphasis Mixed Use) on the Eastern Half of the Property with Four Parcels Totaling 39.86 acres. This Report Only Addresses the B-2M Portion of the Application. The subject site is located on the northeast corner of the intersection of 19th Avenue and Graf Street. Application 23059.(Cramblet) F.3 Discussion of and Input on Possible Commission Priorities (Bentley) F.4 Growth Policy Amendment Application to Revise the Future Land Use Map from Urban Neighborhood to Community Commercial Mixed Use on Approximately 17.485 acres, Application 23063(Rogers) G. FYI/Discussions G.1 Upcoming Items for the February 5, 2024, Community Development Board Meetings.(Bentley) H. Adjournment This board generally meets the first and third Monday of the month from 6:00 pm to 8:00 pm. Citizen Advisory Board meetings are open to all members of the public. If you have a disability that requires assistance, please contact our ADA Coordinator, Mike Gray, at 582-3232 (TDD 582-2301). 2 Memorandum REPORT TO:Community Development Board FROM:Jessica Ahlstrom, Water Conservation Program Manager Brian Heaston, Interim Director of Public Works SUBJECT:Overview of the Proposed Water Efficient Landscape and Irrigation Performance and Design Standards MEETING DATE:January 22, 2024 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Receive presentation. STRATEGIC PLAN:6.1 Clean Water Supplies: Ensure adequate supplies of clean water for today and tomorrow. BACKGROUND:Water Supply and Demand Management Bozeman is a fast-growing drought-prone community facing numerous water supply constraints posed by its headwaters location in the Upper Missouri River Watershed, impacts of climate change on water supply yields, and challenging legal framework regarding new water right appropriations. In 2013, the City Commission adopted an Integrated Water Resources Plan (IWRP) in order to guide future water use and supply policies and practices. The IWRP evaluates water supply optimization and development projects, as well as water conservation as means of meeting future water demands. The IWRP ultimately calls for the implementation of water conservation measures to reduce the future water supply and demand gap by 50% over the next 40 years. Since the adoption of the IWRP, the City has implemented numerous voluntary and incentive-based water conservation measures including four indoor rebates, six outdoor rebates, the publication of two water-smart guides, free water efficient product giveaways, free sprinkler system assessments, free commercial water use assessments, the installation of numerous drought tolerant demonstration gardens, a free water use portal (Dropcountr), and more. The adoption of regulatory water conservation measures began with the 2017 Drought Management Plan , followed by water-conservation-based rates and drought rates in 2019, water efficiency offset incentives in 2020, permanent mandatory outdoor watering restrictions in 2022 (Ordinance 2110) as well as the updated 2022 Drought Management Plan. Water conservation was also established as a City Commission 2022 – 2023 priority . On October 24, 2023, the City Commission adopted Resolution 5547, approving the 2023 Water Conservation and Efficiency Plan (Plan), which 3 recommends the implementation of 18 water conservation measures through 2040. This includes existing measures as well as the following new measures: - Retrofitting city street medians with water efficient landscaping and irrigation - Establishing an impact fee credit - Launching a commercial high efficiency clothes washer rebate - Developing a low income direct installation and leak repair assistance program - Requiring irrigation installers and designers be certified - Requiring mandatory water efficiency offsets for new development projects - Developing a water efficient landscape and irrigation standards Outdoor watering of lawns and landscapes represents fifty percent of annual residential water use in Bozeman. An analysis of single household water use based on year-built indicates that homes built over the last 15 years are applying over twice the amount of water to landscapes as compared to older homes, despite being located on smaller lots with less landscaping. This is likely due in large part to the installation of inefficient irrigation systems and high water use turfgrass in new construction. If current water use trends and a high growth rate continue, the City could be facing a gap between water supply and demand by 2033. Water Efficient Landscape and Irrigation Standards On February 15, 2022, the City Commission held a work session to consider water efficient landscape and irrigation performance and design standards (standards) for new development to help reduce Bozeman’s water supply and demand gap. During the work session, City staff presented three ‘tiers’ of standards. The tiers demonstrated various levels of outdoor water use reduction that could be achieved through the implementation of landscape and irrigation standards. During the work session the City Commission directed staff to develop standards that align with Tier 3, which represented a best-in-class extensive and proactive set of standards resulting in the greatest water savings. Standards were developed by reviewing national water use efficiency standards, evaluating standards implemented in other supply-constrained western states, considering the financial impacts of the standards, analyzing Bozeman’s water use trends and achievable savings through the implementation of various standards, and engaging with community members. Engagement efforts include convening a focus group and hosting numerous engagement meetings with landscape and irrigation professionals specifically, as well as other engagement meetings aimed at the general public and environmental stewardship stakeholders. The landscape standards are intended to reduce the installation of high water use turfgrass, support the installation of functional turfgrass specifically, ensure adequate soil quantity and quality, and increase the installation of drought adapted landscaping in future development. The standards include limits on the amount of turfgrass permitted to be installed in new development. Two separate project/plan approval ‘pathways’ have 4 been developed for project applicants to choose from to meet future landscaping requirements. These pathways are intended to provide 1) a simpler but less flexible pathway to receive design approval and, 2) a pathway to accommodate greater design flexibility. The irrigation standards are intended to ensure that irrigation systems installed in future development projects achieve water use efficiency through proper design and performance. The standards include requiring high efficiency irrigation nozzles, weather-based irrigation controllers, adequate operating pressure, proper ‘hydrozoning’ aligned with industry best management practice, and prohibiting overhead spray irrigation in narrow landscaped areas prone to runoff and water waste. If adopted as proposed, project applicants subject to the City’s plan review process will be required to submit an irrigation design plan, as well as an irrigation schedule to demonstrate efficiency. Due to the level of detail included in the standards, they are outlined in a proposed Landscape and Irrigation Performance and Design Standards Manual which is intended to be referenced by code to ensure that future developments are required to meet the standards. These standards, if adopted by the City Commission as proposed, will help Bozeman achieve sustainable growth and further water conservation goals and priorities outlined in the 2013 Integrated Water Resources Plan and 2023 Water Conservation and Efficiency Plan. The standards are estimated to save 421 million gallons of water by the year 2040, which is enough water to support over 5,000 new single households, or 10,000 multi-household units. During this special presentation, Water Conservation Program Manager, Jessica Ahlstrom, will provide a brief overview of the project goals, proposed standards, and next steps. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the Board. FISCAL EFFECTS:None. Report compiled on: December 27, 2023 5 Memorandum REPORT TO:Community Development Board FROM:Elizabeth Cramblet, Associate Planner Chris Saunders, Community Development Director Erin George, Deputy Director of Community Development Anna Bentley, Director of Community Development SUBJECT: The South Range Crossing North Zone Map Amendment Requesting Amendment of the City Zoning Map to Change the Zoning from R-1 (Residential Low Density District) and R-2 (Residential Moderate Density District) to B-2M (Community Business District-Mixed) on the Western Half of the Lot and from R-1 (Residential Low Density District) and R-2 (Residential Moderate Density District) to REMU (Residential Emphasis Mixed Use) on the Eastern Half of the Property with Four Parcels Totaling 39.86 acres. This Report Only Addresses the REMU Portion of the Application. The subject site is located on the northeast corner of the intersection of 19th Avenue and Graf Street. Application 23059. MEETING DATE:January 22, 2024 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 23059 and move to recommend approval of the REMU element of the South Range Crossing North Zone Map Amendment, with contingencies required to complete the application processing. 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 application includes a proposal to rezone a lot approximately 39.86 acres in size into two different zone districts. Two separate staff reports will be written to cover each proposed zone district. This staff report focuses on the proposal to rezone the eastern half of the property from R-1 (Residential 6 Low Density District) and R-2 (Residential Moderate Density District) to REMU (Residential Emphasis Mixed Use). Unlike the proposal to rezone the western half of the property from R-1 and R-2 to B-2M, the REMU proposal is not dependent on another approval to the Growth Policy since REMU is an implementing zone district in Urban Neighborhood which is discussed in further detail in Section 4-Zone map amendment staff analysis and findings. The site is currently undeveloped and there are no structures on the property. The property consists of four parcels approximately 39.86 acres in total area. The proposal to rezone the eastern half of the property from R-1 & R-2 to REMU will occupy approximately 22.3 acres. The subject site is located on the east side of S. 19th Avenue and sits above Graf Street to the south. The western half of the property (B-2M side) fronts onto S 19th Avenue, a designated Principal Arterial street according to the Bozeman Area Transportation Plan, 2017 Update and Graf Street to the south is a designated Collector street. Nearby municipal zoning to the north and south is REMU (Residential Emphasis Mixed Use). West of the parcel is zoned R-4 (Residential High Density), R-5 (Residential Mixed Use High Density), and R-O (Residential Office), and east is zoned R-1 (Residential Low Density). UNRESOLVED ISSUES:There are no identified conflicts on this application at this time. ALTERNATIVES:1. Approve the application with contingencies as presented; 2. Approve the application with modifications to the recommended zoning; 3. Deny the application based on findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing, with specific direction to staff or the applicant to supply additional information or to address specific items. FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Annexation or Zone Map Amendment. Attachments: 23059 SRX North ZMA(REMU) CDB SR.pdf Report compiled on: January 16, 2024 7 Page 1 of 29 23059, Staff Report for the South Range Crossing North (REMU) ZMA Public Hearing Date (s): Community Development Board acting in their capacity as the Zoning Commission will hold a public hearing on January 22, 2024 at 6:00 pm. City Commission public hearing will be held on February 6, 2024 at 6:00 pm. Project Description: The South Range Crossing North Zone Map Amendment requesting amendment of the City Zoning Map to change the zoning from R-1 (Residential Low Density District) and R-2 (Residential Moderate Density District) to B-2M (Community Business District-Mixed) on the western half of the lot and from R-1 (Residential Low Density District) and R-2 (Residential Moderate Density District) to REMU (Residential Emphasis Mixed Use) on the eastern half of the property with four parcels totaling 39.86 acres. This report only addresses the REMU portion of the application. Project Location: The subject site is located on the northeast corner of the intersection of 19th Avenue and Graf Street, and more thoroughly described as A Tract of Land in the Minor Subdivision 494 in the SW ¼ NW ¼ of Section 24, Township 2 South, Range 5 East (Lots 1-4), P.M.M., City of Bozeman, Gallatin County. Recommendation: Meets standards for approval for REMU Recommended Community Development Board Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 23059 and move to recommend approval of the REMU element of the South Range Crossing North Zone Map Amendment, with contingencies required to complete the application processing. Recommended City Commission Zoning Motion: Having reviewed and considered the staff report, application materials, public comment, recommendation of the Community Development Board, and all information presented, I hereby adopt the findings presented in the staff report for application 23059 and move to approve REMU element of the South Range Crossing North Zone Map subject to contingencies required to complete the application processing. Report Date: January 16, 2024 Staff Contact: Elizabeth Cramblet, Associate Planner Lance Lehigh, City Engineer Agenda Item Type: Action – Legislative 8 23059 Staff Report for the South Range Crossing North Zone Map Amendment Page 2 of 29 EXECUTIVE SUMMARY Unresolved Issues There are no identified conflicts on this application at this time. Project Summary The application includes a proposal to rezone a lot approximately 39.86 acres in size into two different zone districts. Two separate staff reports will be written to cover each proposed zone district. This staff report focuses on the proposal to rezone the eastern half of the property from R-1 (Residential Low Density District) and R-2 (Residential Moderate Density District) to REMU (Residential Emphasis Mixed Use). Unlike the proposal to rezone the western half of the property from R-1 and R-2 to B-2M, the REMU proposal is not dependent on another approval to the Growth Policy since REMU is an implementing zone district in Urban Neighborhood which is discussed in further detail in Section 4-Zone map amendment staff analysis and findings. The site is currently undeveloped and there are no structures on the property. The property consists of four parcels approximately 39.86 acres in total area. The proposal to rezone the eastern half of the property from R-1 & R-2 to REMU will occupy approximately 22.3 acres. The subject site is located on the east side of S. 19th Avenue and sits above Graf Street to the south. The western half of the property (B-2M side) fronts onto S 19th Avenue, a designated Principal Arterial street according to the Bozeman Area Transportation Plan, 2017 Update and Graf Street to the south is a designated Collector street. Nearby municipal zoning to the north and south is REMU (Residential Emphasis Mixed Use). West of the parcel is zoned R-4 (Residential High Density), R-5 (Residential Mixed Use High Density), and R-O (Residential Office), and east is zoned R-1 (Residential Low Density). In determining whether the criteria applicable to this application are met, Staff considers the entire body of plans and regulations for land development. Standards which prevent or mitigate possible negative impacts are incorporated in many locations in the municipal code but are principally in Chapter 38, Unified Development Code. References in the text of this report to Articles, Divisions, or in the form xx.xxx.xxx are to the Bozeman Municipal Code. Application materials can be viewed on the City’s development map at the following link. Application 23059 [external link] Public comments have not been received by the production of this report. 9 23059 Staff Report for the South Range Crossing North Zone Map Amendment Page 3 of 29 Alternatives 1. Approve the application with contingencies as presented; 2. Approve the application with modifications to the recommended zoning; 3. Deny the application based on findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing, with specific direction to staff or the applicant to supply additional information or to address specific items. 10 23059 Staff Report for the South Range Crossing North Zone Map Amendment Page 4 of 29 TABLE OF CONTENTS EXECUTIVE SUMMARY ................................................................................................ 2 Unresolved Issues ........................................................................................................ 2 Project Summary.......................................................................................................... 2 Community Development Board (Zoning Commission) Summary ................................. 2 Alternatives.................................................................................................................. 3 SECTION 1 - MAP SERIES .............................................................................................. 5 SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT ...11 SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS .....................................11 SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ...........12 Section 76-2-304, MCA (Zoning) Criteria ....................................................................12 PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................24 APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND ………..24 APPENDIX B - NOTICING AND PUBLIC COMMENT..................................................26 APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ...................26 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF …………………28 FISCAL EFFECTS ...........................................................................................................29 ATTACHMENTS ............................................................................................................29 11 Page 5 of 29 SECTION 1 - MAP SERIES Figure 1: Vicinity Map (2021 image) Subject Property 12 23059 Staff Report for the South Range Crossing North Zone Map Amendment Page 6 of 29 Figure 2: Future Land Use Designations (2021 image) Industrial Subject Property Urban Neighborhood Residential Mixed Use Public Institutions Residential Mixed Use Community Commercial Mixed Use 13 23059 Staff Report for the South Range Crossing North Zone Map Amendment Page 7 of 29 Figure 3: Current Zoning Map (2021 image) R-O PLI Subject Property Subject Property R-2 (Jarrett ZMA) REMU 14 23059 Staff Report for the South Range Crossing North Zone Map Amendment Page 8 of 29 Figure 4: Applicant Proposed Zoning Map REMU B-2M Subject Property R-2 (Jarrett ZMA) REMU 15 23059 Staff Report for the South Range Crossing North Zone Map Amendment Page 9 of 29 Figure 5: Applicant Proposed Future Land Use Map Subject Property Community Commercial Mixed Use Residential Mixed Use Residential Mixed Use 16 23059 Staff Report for the South Range Crossing North Zone Map Amendment Page 10 of 29 Figure 6: Map of Planning Projects 17 Page 11 of 29 SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT Please note that these contingencies are necessary for the City to complete the process of the proposed amendment. Recommended Contingencies of Approval: 1. That all documents and exhibits necessary to establish the amended municipal zoning designation of REMU and B-2M shall be identified as the “South Range Crossing (North) Zone Map Amendment”. 2. The applicant must submit a zone amendment map, titled “South Range Crossing (North)”, acceptable to the Director of Transportation and Engineering, as a PDF which will be utilized in the preparation of the Ordinance to officially amend the City of Bozeman Zoning Map. Said map shall contain a metes and bounds legal description of the perimeter of the subject property including adjacent rights-of-way and the individual zoning districts, and total acreage of the property. 3. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant provides an editable metes and bounds legal description for each zoning district prepared by a licensed Montana surveyor. SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS Having considered the criteria established for a zone map amendment, the Staff rec ommends approval as submitted. The Development Review Committee (DRC) considered the amendment. The DRC did not identify any infrastructure constraints that would impede the approval of the application. The Community Development Board acting in their capacity as the Zoning Commission will hold a public hearing on this zone map amendment on January 22, 2024 and will forward its recommendation to the City Commission on the zone map amendment. The meeting will begin at 6 p.m. Instructions on joining the meeting electronically will be included on the meeting agenda. The City Commission will hold a public hearing on the zone map amendment on February 6, 2024. The meeting will begin at 6 p.m. Instructions on joining the meeting electronically will be included on the meeting agenda. 18 23059 Staff Report for the South Range Crossing North Zone Map Amendment Page 12 of 29 SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications for plan approval under this title, the advisory boards and City Commission must consider the following criteria (letters A-K). As an amendment is a legislative action, the Commission has broad latitude to determine a policy direction. The burden of proof that the application should be approved lies with the applicant. A zone map amendment must be in accordance with the growth policy (criteria A) and be designed to secure safety from fire and other dangers (criteria B), promote public health, public safety, and general welfare (criteria C), and facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a zone map amendment the Commission must find Criteria A-D are met. In addition, the Commission must also consider criteria E-K, and may find the zone map amendment to be positive, neutral, or negative with regards to these criteria. To approve the zone map amendment, the Commission must find the positive outcomes of the amendment outweigh negative outcomes for criteria E-K. In determining whether the criteria are met, Staff considers the entire body of regulations for land development. Standards which prevent or mitigated negative impacts are incorporated throughout the entire municipal code but are principally in Chapter 38, Unified Development Code. Section 76-2-304, MCA (Zoning) Criteria A. Be in accordance with a growth policy. Criterion met. The BCP 2020, Chapter 5, p. 73, in the section titled Review Criteria for Zoning Amendments and Their Application, discusses how the various criteria in 76-2-304 MCA are applied locally. Application of the criteria varies depending on whether an amendment is for the zoning map or for the text of Chapter 38, BMC. The first criterion for a zoning amendment is accordance with a growth policy. Future Land Use Map The proposed amendment is a change to the zoning map. Therefore, it is necessary to analyze compliance with the future land use map. Chapter 3 of the BCP 2020 addresses the future land use map. The introduction to that chapter discusses the importance of the chapter. Following are some excerpts. “Future land use is the community’s fundamental building block. It is an illustration of the City’s desired outcome to accommodate the complex and diverse needs of its residents.” “The land use map sets generalized expectations for what goes where in the community. Each category has its own descriptions. Understanding the future land use map is not possible without understanding the category descriptions.” 19 23059 Staff Report for the South Range Crossing North Zone Map Amendment Page 13 of 29 The area of this application is within the annexed area of the City and where there is anticipated development within the City as discussed below. As shown on the maps in Section 1, on the excerpt of the current future land use map, the property is designated as Urban Neighborhood. The Urban Neighborhood designation description reads: “This category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single type of housing are discouraged. In limited instances, an area may develop at a lower gross density due to site constraints and/or natural features such as floodplains or steep slopes. Complementary uses such as parks, home-based occupations, fire stations, churches, schools, and some neighborhood-serving commerce provide activity centers for community gathering and services. The Urban Neighborhood designation indicates that development is expected to occur within municipal boundaries. This may require annexation prior to development. Applying a zoning district to specific parcels sets the required and allowed density. Higher density residential areas are encouraged to be, but are not required or restricted to, proximity to commercial mixed use areas to facilitate the provision of services and employment opportunities without requiring the use of a car.” The correlation between the future land use map of the growth policy and the zoning districts is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the following Correlation with Zoning Table the REMU district is an implementing district of the Urban Neighborhood category. 20 23059 Staff Report for the South Range Crossing North Zone Map Amendment Page 14 of 29 Goals and Policies A zoning amendment is also evaluated against the goals and policies of the BCP 2020. Most of the goals and policies are not applicable to this application. Relevant goals and objectives have been identified by staff. Conflicts with the text of the growth policy have not been identified. The Short Term Action list on page 63 of the BCP 2020 describes 14 items to implement the growth policy. The first two relate to direct changes to the zoning map in support of listed goals and objectives. These include increasing the intensity of zoning districts in already developed areas. Beginning on page 71 of the BCP 2020 in the section titled Zoning Amendment Review, the document discusses how the City implements zoning for new areas, amendments to areas, and revisions to existing text. This section includes a discussion of when the City may initiate a zoning change to a more intensive district to increase development opportunities. This section demonstrates that the City, as a matter of policy, is supportive of more intensive zoning districts and development, even within already developed areas. This policy approach does not specify any individual district but does lean towards the more intensive portion of the zoning district spectrum. The Applicant states the proposed zone change is in accordance with the Growth Policy by stating, “The intent of the REMU designation is to establish areas within Bozeman that are mixed-use in character and to provide options for a variety of housing, employment, retail and neighborhood service opportunities within a new or existing neighborhood.” Both the REMU and B-2M are necessary to achieve the goals of the development in providing services to local neighborhoods and regional residents that are currently driving across town for services from the south-side neighborhoods.” Staff concurs with the applicant regarding the intent and purpose of the REMU district to provide a vibrant mixed-use district to allow a variety of housing types and neighborhood services where appropriate. These purposes are accomplished by a variety of objectives that are detailed in Appendix C of this report. The applicant continues to suggest numerous goals and objectives that are broadly served with this application. Staff is in general agreement with the list. These include: Goal N-1: Support well-planned, walkable neighborhoods. N-1.3 Revise the zoning map to lessen areas exclusively zoned for single-type housing. Use of this zone is appropriate for sites at least five acres in size and areas located adjacent to an existing or planned residential area to help sustain commercial uses within walking distance and a wider range of housing types. The applicant further states “The intent of the Urban Neighborhood designation is to allow for a variety of types, shapes, sizes and intensity of homes. Furthermore, the Community Plan states that large areas of single types of housing are discouraged. The REMU zoning district allows for a variety of housing options at a variety of intensities. REMU zoning would allow for a significant increase in the number of units that 21 23059 Staff Report for the South Range Crossing North Zone Map Amendment Page 15 of 29 could take the shape of a variety of product types.” The proposed change replaces an area of primarily low density residential with a broader range of allowed residential and other uses. N-1.5 Encourage neighborhood focal point development with functions, activities, and facilities that can be sustained over time. Maintain standards for placement of community focal points and services within new development. Goal N-2: Pursue simultaneous emergence of commercial nodes and residential development through diverse mechanisms in appropriate locations N-1.9 Ensure multimodal connections between adjacent developments. N-2.1 Ensure the zoning map identifies locations for neighborhood and community commercial nodes early in the development process. The site is currently zoned for low density residential uses. The proposal to rezone to REMU would allow a variety of high density housing with a small amount of neighborhood commercial where appropriate. The subject site is located in the south central side of the city which has seen tremendous residential growth over the last five to six years that include apartment buildings, condominiums/townhomes, and single family homes. Additionally, there are a number of residential projects in the preliminary planning stages (currently being reviewed) and projects recently approved yet to be constructed as shown in the Map Series-Figure 6 above. The site is bordered by South 19th Avenue on the west (a designated Primary Arterial) and Graf Street on the south (a designated Collector street) according to the Bozeman Area Transportation Plan, 2017. Additionally, Arnold Street and South 15th Avenue will be constructed to a local street standard prior to any development further improving access to the site. The applicant states “This area has a significant amount of residential that is planned, under construction, and already built. By quick estimations, there are over 6 th ousand units built or going through the planning process. According to the EPS Demographic and Real Estate Market Assessment of January 2018, a population size of 6,500 could support 128,000 square feet of commercial area. This site is the best location fo r the creation of this neighborhood commercial center and B-2M and REMU are the best zoning designations to help promote this commercial node.” The applicant is correct in that a substantial amount of residential units are in various planning and construction stages, however, new development is spread out in the south side region that will take several years to really see the impact of this new development. Careful placement of commercial nodes is critical to ensure their success. The future land use map depicts areas suitable for commercial development with implementing zone districts to provide these services. Making adjustments to this map requires careful consideration to ensure compliance with the City’s long range growth policy in the Bozeman Community Plan 2020. This element of the zoning amendment address REMU which provides for local service type non-residential uses. 22 23059 Staff Report for the South Range Crossing North Zone Map Amendment Page 16 of 29 N-2.2 Revise the zoning map to support higher intensity residential districts near schools, services, and transportation. The subject site is just over a half mile from Morningstar Elementary and Sacajawea Middle School and approximately ½ to 1 mile from existing commercial and retail services. The applicant argues “Additionally, this site is located at the intersection of two high classification roadways…. the multimodal network in this area is rapidly expanding and will be further expanded by any future development.” Goal N-3: Promote a diverse supply of quality housing units. N-3.1 Establish standards for provisions of diversity of housing types in a given area. The applicant argues “The REMU district allows for the construction of a full range of residential buildings. This supports the opportunity for diversity of supply. Quality of housing will be assessed and assured during subsequent development review for compliance with both the UDC and the adopted building codes. Furthermore, the surrounding area shows the diverse nature of building products in the area.” N-3.8 Promote the development of “Missing Middle” housing (side by side or stacked duplex, triplex, live-work, cottage housing, group living, rowhouses/townhouses, etc.) as one of the most critical components of affordable housing . The applicant states “The proposed REMU zoning is in alignment with the goals of development fo r the “missing middle” housing by allowing higher densities and a more diverse array of housing types than what is currently allowed in the R-1 and R-2 zoning districts. Multi-household dwellings, such as apartments, two-and three-household dwellings and townhouses/rowhouses, are permitted uses within the proposed zoning district. Allowing these extra housing types will hopefully allow for the creation of smaller units which in theory could help meet this missing middle demand.” Staff concurs with a number of these identified goals and objectives. 19th Avenue is a designated Primary Arterial and Graf Street is a designated Collector street that could serve a high density mixed-use district. The intent of the REMU district is to establish areas within Bozeman that are mixed use in character and to provide options for a variety of housing, employment, retail and neighborhood service opportunities within a new or existing neighborhood. While this is a newly developing area, there is substantial new and existing development south of Stucky on the east and west side of 19th Avenue. B. Secure safety from fire and other dangers. Criterion met. The undeveloped subject property is currently served by City of Bozeman Fire and Police Departments. Future development of the property will be required to conform to all City of Bozeman public safety, building and land use requirements, which will ensure this criterion is met. The change from R-1 & R-2 to REMU is not likely to adversely impact safety from fire and other dangers. The on-going relocation of First Station 2 to Kagy will place emergency services closer with shorter response times than currently exist. 23 23059 Staff Report for the South Range Crossing North Zone Map Amendment Page 17 of 29 C. Promote public health, public safety, and general welfare . Criterion met. City development standards included in Chapter 38, Unified Development Code, building codes, and engineering standards all ensure that this criterion is met. Adequate water and sewer supply and conveyance provide for public health through clean water. Rapid and effective emergency response provides for public safety. The City’s standards ensure that adequate services are provided prior to building construction which advances this criterion. General welfare has been evaluated during the adoption of Chapter 38 and found to be advanced by the adopted standards. Provision of parks, control of storm water, and other features of the City’s development standards also advance the general welfare. Compliance with the BCP 2020 as described in Section 4, Criterion A shows advancement of the well- being of the community as a whole. See also Criterion B. D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. Criterion met. The BCP 2020, page 74, says the following regarding evaluation of Section 4, Criteria B, C, & D for zoning amendments: “For a map amendment, all three of the above elements are addressed primarily by the City’s long range facility Plans, the City’s capital improvements program, and development standards adopted by the City. The standards set minimum sizing and flow requirements, require dedication of parks, provision of right of way for people and vehicles, keep development out of floodplains, and other items to address public safety, etc. It is often difficult to assess these issues in detail on a specific site. The City conducts extensive planning for municipal transportation, water, sewer, parks, sustainability, and other facilities and services provided by the City. The adopted plans allow the City to consider existing conditions; and identify enhancements needed to provide service to new development. See page 19 of the BCP 2020 for a listing. The City implements these plans through its capital improvements program (CIP). The CIP identifies individual projects, project construction scheduling, and financing of construction for infrastructure. Private development must demonstrate compliance with standards prior to construction The subject properties are within the City’s land use, transportation, parks, and utility planning areas. Those plans show this property as developing within the City when development is proposed. The 2025-2049 CIP [External link] shows transportation system expansion projects on Kagy Blvd and Stucky Road that will improve all mode transportation capacity in the area. Development consistent with City standards will improve connectivity of sidewalks to Blackwood Groves development. As stated in 38.300.020.C, the designation of a zoning district does not guarantee approval of new development until the City verifies the availability of needed infrastructure. 24 23059 Staff Report for the South Range Crossing North Zone Map Amendment Page 18 of 29 38.300.020.C, “Placement of any given zoning district on an area depicted on the zoning map indicates a judgment on the part of the city that the range of uses allowed within that district are generally acceptable in that location. It is not a guarantee of approval for any given use prior to the completion of the appropriate review procedure and compliance with all of the applicable requirements and development standards of this chapter and other applicable policies, laws and ordinances. It is also not a guarantee of immediate infrastructure availability or a commitment on the part of the city to bear the cost of extending services.” See also comments under Criterion C. E. Reasonable provision of adequate light and air. Criterion met. The REMU zoning district provides adequate light and air through the Bozeman Unified Development Code’s standards for park and recreation requirements, on-site open space for residential uses, maximum building height, lot coverage, and setback requirements. The form and intensity standards, Division 38.320, provide minimum lot areas, lot widths, lot coverage and maximum floor area ratios, and prescribe require minimum separation from property lines and limits building heights. Section 38.520.030 requires building placement to ensure access to light and air. Division 38.420 and Section 38.520.060 require dedication of parks and on-site open spaces to meet needs of residents. The standards provide a reasonable provision of adequate light and air. Any future development of the property will be required to conform to City standards for setbacks, height, lot coverage, and buffering. The criterion is not about personal preferences but about protection of public health and safety. The adopted standards address protection of public health and safety. In addition to the zoning standards, adopted building codes contain more detailed requirements for air circulation, window placement, and building separation that further ensure the intent of this criterion is satisfied. F. The effect on motorized and non-motorized transportation systems. Criterion met. Potential future development within a zoning district of REMU will affect the City’s motorized and non-motorized transportation system with increased traffic and vehicle trips along South 19th Avenue and Graf Street. Staff agrees with the applicant’s statement that “This property is uniquely situated in that it is already served by two high classification roadways. Future development of the property will be required to comply with transportation- related standards and be examined for impacts on surrounding streets, intersections, and sidewalks. Any future development of the property will likely require a Traffic Impact Study to gauge the potential impacts of future development.” The proposed zoning will allow for a higher density of uses than is currently allowed under R- 1 and R-2 zoning districts. The City’s transportation plan is used to evaluate transportation needs over the long term throughout the City and will evaluate impacts of motorized vehicles 25 23059 Staff Report for the South Range Crossing North Zone Map Amendment Page 19 of 29 along with bikes and pedestrians. The parks and trails plans also examine and specify options for extensions of the existing trail network through this site. Future site development will examine impacts on the transportation network, parks, and trails system, and municipal facilities. Furthermore, these future development reviews will ensure that development under the new zoning will comply with the City’s standards for the provision of onsite parking for bicycles and vehicles, as well as the requirements for onsite circulation. Traffic impacts will be studied by the development team to demonstrate compliance with the City’s long-range transportation plans. Future project development will ensure compliance with the acceptable traffic limits identified in the transportation plans, as well as provide for the dedication of rights of way, construction or reconstruction of streets and trails, payment of impact fees, and other contributions as will be applicable to this project. Future development and redevelopment of the property will be required to comply with transportation-related standards and reviewed for impacts on the surrounding streets, intersections, and sidewalks, and improvements to the transportation network to serve the site, which will improve the overall transportation system. These improvements include provisions for non-motorized transportation systems. The change in zoning district will have a minimal effect on required road improvements, pedestrian or bicycle facilities, or similar compliance with standards. The site is adjacent to one primary arterial (19th Avenue) and one collector street (Graf Street), both of which have capacity to carry additional traffic. In addition Arnold Street and South 15th Avenue will be constructed to a local street standard prior to any development which will further improve access to the site. G. Promotion of compatible urban growth. Criterion met. The Bozeman Community Plan establishes a preferred and compatible development pattern. “The land use map sets generalized expectations for what goes where in the community… The land use categories and descriptions provide a guide for appropriate development and redevelopment locations for civic, residential, commercial, industrial, and other uses. The future land use designations are important because they aim to further the vision and goals of the City through promoting sustainability, citizen and visitor safety, and a high quality of life that will shape Bozeman’s future.” (Community Plan p. 51). The City’s future land use map designates the property as Urban Neighborhood in the BCP 2020. The intent and purpose of the REMU district is to establish areas within Bozeman that are mixed-use in character and to provide options for a variety of housing, employment, retail and neighborhood service opportunities within a new or existing neighborhood. The surrounding area is growing rapidly with a variety of new housing types. Use of this mixed- use zone is appropriate for areas adjacent to a variety of land uses and can stand alone to develop its own neighborhood character. Surrounding zoning includes medium to high density residential, and adjacent REMU districts to the north and south as shown in Section 1. The proposed zoning is in accordance with the Bozeman Community Plan’s future land use designation of Urban Neighborhood. 26 23059 Staff Report for the South Range Crossing North Zone Map Amendment Page 20 of 29 The applicant provides additional support by stating “The growth policy supports development that provides a range of housing options to meet the needs of residents. The growing demand for housing suggests the proposed REMU zoning district is appropriate to facilitate higher densities and a variety in housing options in proximity to commercial areas. Furthermore, the proximity to high classification roadways and being centrally located makes this an ideal location for a mixed-use development. Future development on the project site must conform to the City’s zoning standards, such as setbacks, building heights, and parking requirements, to ensure compatibility of uses. The UDC defines compatible urban growth to not require uniformity in order to ensure compatibility. Furthermore, the City’s zoning ordinance defines the uses and development standard associated for proposed development under the auspices of each zoning. The proposed REMU district includes a range of uses that are appropriate and compatible with the surrounding neighborhoods.” H. Character of the district. Criterion Met. The intent of the REMU zoning district is to“…establish areas within Bozeman that are mixed-use in character and to provide options for a variety of housing, employment, retail and neighborhood service opportunities within a new or existing neighborhood.” Described in Appendix C below the district employs nine aspirational statements to encourage developers to design and construct developments that meet the intent and purpose of the district. 1. Emphasizing residential as the primary use, including single household dwellings, two to four household dwellings, townhouses, and apartments. 2. Providing for a diverse array of neighborhood -scaled commercial and civic uses supporting residential. 3. Emphasizing a vertical and horizontal mix of uses in a compact and walkable neighborhood setting. 4. Promoting neighborhoods that: a. Create self-sustaining neighborhoods that will lay the foundation for healthy lifestyles; b. Support compact, walkable developments that promote balanced transportation options; c. Have residential as the majority use with a range of densities; d. Provide for a diverse array of commercial and civic uses supporting residential; e. Have residential and commercial uses mixed vertically and/or horizontally; f. Locate commercial uses within walking distance; g. Incorporate a wider range of housing types; and h. Encourage developments that exhibit the physical design characteristics of vibrant, urban, and pedestrian-oriented complete streets. 5. Providing standards and guidelines that emphasize a sense of place: a. Support or add to an existing neighborhood context; 27 23059 Staff Report for the South Range Crossing North Zone Map Amendment Page 21 of 29 b. Enhance an existing neighborhood's sense of place and strive to make it more self-sustainable; c. Encourage a new neighborhood commercial center(s) with a unique identity and strong sense of place; d. Develop commercial and mixed-use areas that are safe, comfortable, and attractive to pedestrians; and e. Reinforce the principle of streets as public places that encourage pedestrian and bicycle travel, transit, on-street parking and physical elements of complete streets. 6. Providing standards and guidelines that emphasize natural amenities: a. Preserve and integrate the natural amenities into the development; and b. Appropriately balance a hierarchy of both parks and public spaces that are within the neighborhood. 7. Providing standards and guidelines that emphasize the development of centers: a. Group uses of property to create vibrant centers; b. Where appropriate create a center within an existing neighborhood; c. Facilitate proven, market driven projects to ensure both long and short-term financial viability; d. Allow an appropriate blend of complementary mixed land uses including, but not limited to, retail, offices, commercial services, restaurants, bars, hotels, recreation and civic uses, and housing, to create economic and social vitality; e. Foster the master plan development into a mix of feasible, market driven uses; f. Emphasize the need to serve the adjacent, local neighborhood and as well as the greater Bozeman area; and g. Maximize land use efficiency by encouraging shared use parking. 8. Promoting the integration of action: a. Support existing infrastructure that is within and adjacent to REMU zones; b. Encourage thoughtfully developed master planned communities; c. Provide flexibility in the placement and design of new developments and redevelopment to anticipate changes in the marketplace; d. Provide flexibility in phasing to help ensure both long and short term financial viability for the project as a whole; 9. Providing standards and guidelines that promote sustainable design: Use of this zone is appropriate for sites at least five acres in size and areas located adjacent to an existing or planned residential area to help sustain commercial uses within walking distance and a wider range of housing types. Use of this zone is appropriate for sites at least five acres in size and areas located adjacent to an existing or planned residential area to help sustain commercial uses within walking distance and a wider range of housing types.” 28 23059 Staff Report for the South Range Crossing North Zone Map Amendment Page 22 of 29 The REMU district allows for a wide variety of housing types, similar to the moderate and high density residential districts nearby. The REMU zoning designation is present to the north and south of the property. The REMU district also allows for commercial use as described in Table 38.310.040A and B [External Link]. Retail uses are limited in size (as proportion of the master planned site) and noted in the table, with the exception of hotels which can go up to 40,000 square feet. Section 76-2-302, MCA says “…legislative body may divide the municipality into districts of the number, shape, and area as are considered best suited to carry out the purposes [promoting health, safety, morals, or the general welfare of the community] of this part.” Emphasis added. This proposal amends the zoning map and not the text. Therefore, no element of this amendment modifies the standards of any zoning district. The character of the districts as created by those standards remains intact. As noted above, the City Commission has latitude in considering the geographical extents of a zoning district. It is not expected that zoning freeze the character of an area in perpetuity. Rather, it provides a structured method to consider changes to the character. This is especially true when applying zoning to undeveloped areas as any new construction will alter the physical characteristics of the area. The City has defined compatible development as: “The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and objectives of the City's adopted growth policy. Elements of compatible development include, but are not limited to, variety of architectural design; rhythm of architectural elements; scale; intensity; materials; building siting; lot and building size; hours of operation; and integration with existing community systems including water and sewer services, natural elements in the area, motorized and non-motorized transportation, and open spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design, density or use.” The City has adopted many standards to identify and avoid or mitigate demonstrable negative impacts of development. These will support the ability of future development in the proposed REMU district to be compatible with the proposed adjacent development to the north, east, west and south, and will help serve the expanding residential development within this southern region of the city. A majority of the existing uses within a mile of the subject site are residential with small pockets of neighborhood commercial and recreational uses that include medical offices, indoor recreation, retail and office space, and small grocery. Uses allowed in the REMU district allow for additional small scale commercial with high density residential that will serve this southern region of the city. The proposed zone map amendment is compatible and in harmony with the surrounding area considering the surrounding zone districts and variety of possible uses. 29 23059 Staff Report for the South Range Crossing North Zone Map Amendment Page 23 of 29 I. Peculiar suitability for particular uses. Criterion Met. Sites north, east and south of the subject site are currently in the preliminary planning stages or will be under construction in the near future, so the suitability of the site for particular uses is not easily evaluated. Part of the evaluation is based on submitted proposals and existing uses surrounding the site along with evaluating existing infrastructure to determine needs for future development. The subject site is accessed by South 19th Avenue and Graf Street which are designated principal arterial and collector streets allowing for easy access to the project site. The property has access to water lines and sewer extensions along South 19th Avenue and Graf Street and is currently served by the City of Bozeman Police and Fire Departments. Considering this, the streets serving the project site, existing city services and land uses in the immediate area, the proposed REMU district could offer uses that are needed in this region. The applicant states “The proposed REMU and B-2M zoning districts are directly adjacent to existing REMU zoned lots to both the north and south making the suitability quite large. Additionally, there are several other parcels in the general vicinity zoned either R-3 or R-4. The allowed uses in these zoning districts are largely the same. This creates a condition with large areas of residential uses, without commercial nearby. Allowing the development of a commercial node in this area would alleviate vehicular traffic on local roadways by providing residents of this area with walkable community assets.” As shown in Figures 3 & 4, the property is bounded by REMU to the north and south, R-3, R- 4 and R-O to the west and REMU (if approved) and R-2 to the west. The REMU district can support many types of urban development that are likely to serve the immediate area as a result of its location and proximity to residential areas all around the site. Final determination of suitability will occur during the site development process. J. Conserving the value of buildings. Neutral. The subject site is currently undeveloped. The proposed amendment is for the zoning map and does not alter allowed uses on adjacent properties. The nearest developed areas are either separated by S. 19th Avenue or are over 450 feet away. The amendment does not modify the existing standards of the REMU district. The REMU zone allows primarily residential uses with accessory commercial uses. Future development must comply with the Bozeman Unified Development Code which will ensure an appropriate scale and intensity of uses. As a result, the proposed zone map amendment is not anticipated to negatively impact nearby building and lot values as the permitted uses allowed in the REMU district will be appropriate to the surrounding character of the district. K. Encourage the most appropriate use of land throughout the jurisdictional area Criterion Met. The Future land use map has this site designated as Urban Neighborhood which lists REMU as an implementing zone district. The location of this site with access to an existing primary arterial and collector street with existing utilities nearby has the opportunity to offer expanded services to a growing region of residential development in this south side region of 30 23059 Staff Report for the South Range Crossing North Zone Map Amendment Page 24 of 29 the city. The applicant argues “There is a growing demand for housing in the city, and … the proposed zoning designation will provide for a variety of housing options to meet this need.” PROTEST NOTICE FOR ZONING AMENDMENTS IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION. The City will accept written protests from property owners against the proposal described in this report until the close of the public hearing before the City Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property within the area affected by the proposal or by owner(s) of real property that lie within 150 feet of an area affected by the proposal. The protest must be in writing and must be signed by all owners of the real property. In addition, a sufficient protest must: (i) contain a description of the action protested sufficient to identify the action against which the protest is lodged; and (ii) contain a statement of the protestor's qualifications (including listing all owners of the property and the physical address and legal description of the property), to protest the action against which the protest is lodged, including ownership of property affected by the action. Signers are encouraged to print their names after their signatures. A person may in writing withdraw a previously filed protest at any time prior to final action by the City Commission. Protests must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230. APPENDIX A – DETAILED PROJECT DESCRIPTION AND BACKGROUND A zone map amendment requesting amendment of the City Zoning Map for a parcel consisting of approximately 39.86 acres into two zone districts, from R-1 and R-2 into REMU on the eastern half of the property and B-2M on the western half of the property. This staff report has focused on the eastern half of the lot with the proposal to rezone the eastern half of the lot to REMU (Residential Emphasis Mixed Use). This request does not require an amendment to the future land use map since REMU is an implementing zone district within Urban Neighborhood. The site is currently undeveloped and there are no structures on the property. The proposal to rezone the eastern side of the lot from R-1 and R-2 to REMU will occupy approximately 22.3 31 23059 Staff Report for the South Range Crossing North Zone Map Amendment Page 25 of 29 acres. The subject site is located at the intersection of South 19th Avenue and Graf Street. South 19th Avenue lies to the west of the site and Graf is directly south of the site. The site is within proximity of other residential communities including Gran Cielo, Homestead at Buffalo Run, Meadow Creek, Southbridge, Alder Creek, South Range Crossing, Allison Subdivision, South University District and Blackwood Groves. The existing and future residential communities offer a wide variety of housing options both rental and for sale. This property was originally annexed and zoned for a residential development in 2007. That development never proceeded. The site was later subdivided to be the home of the Yellowstone Theological Institute. The existing zone districts (R-1 and R-2) and subdivision layout was proposed to help promote the applicant’s goals of creating the theological institute. Today the applicant believes the R-1 and R-2 zoning are not the best use for the land. This proposal seeks to rezone the eastern half to REMU (Residential Emphasis Mixed Use) and the western half to B-2M (Community Business District-Mixed). The proposed zoning allows for more creative neighborhood design that aims to accomplish several goals and themes of the community plan outlined in the Zone Map Amendment Staff Analysis. The REMU district is classified as a mixed use district. The intent and purpose of the commercial zoning districts are to establish areas within the city that are primarily commercial in character and to set forth certain minimum standards for development within those areas. The purpose in having more than one commercial district is to provide opportunities for a variety of employment and community service opportunities within the community, while providing predictability. There is a rebuttal presumption that the uses set forth for each district will be compatible with each other both within the individual districts and to adjoining zoning districts when the standards of this chapter are met and any applicable conditions of approval have been satisfied. Additional requirements for development apply within overlay districts. The proposed change from R-1 and R-2 to REMU in building form, and permitted uses is substantial. Primary differences relate to residential density and the option of including commercial uses. Please refer to Appendix C for a link to Sec. 38.310.040 showing authorized uses for commercial, mixed use, and industrial districts (please refer to the REMU column). While commercial uses in B-2M and REMU are similar, more residential uses are allowed in REMU. REMU is primarily a residential district with the option of including neighborhood commercial. B-2M is primarily a commercial business district with a narrow range of residential uses allowed. Typically, when an applicant requests B-2M over REMU, they are considering a larger commercial component and a much larger structure. B-2M allows for non-residential buildings greater than 25,000 square feet whereas REMU is limited to 24,999 square feet, with the exception of a hotel which can be up to 40,000 square feet. 32 23059 Staff Report for the South Range Crossing North Zone Map Amendment Page 26 of 29 APPENDIX B - NOTICING AND PUBLIC COMMENT As required by 38.220 (external link), notice was sent via US first class mail to all owners of property located inside the site and within 200 feet of the perimeter of the site. The project site was posted with a copy of the notice. The notice was published in the Legal Ads section of the Bozeman Daily Chronicle on December 23rd and December 30th, 2023. Notice was provided at least 15 but not more than 45 working days prior to any public hearing. The Community Development Board hearing is scheduled for January 22, 2024 and the City Commission public hearing is scheduled for February 6, 2024. Public comments have not been received on this application at the time of writing this report. Any received comments will be made available through the City’s Laserfiche (external link) APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING Adopted Growth Policy Designation: The project site is designated as “Urban Neighborhood” in the Bozeman Community Plan 2020 future land use map – see descriptions below. “This category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single type of housing are discouraged. In limited instances, an area may develop at a lower gross density due to site constraints and/or natural features such as floodplains or steep slopes. Complementary uses such as parks, home-based occupations, fire stations, churches, schools, and some neighborhood-serving commerce provide activity centers for community gathering and services. The Urban Neighborhood designation indicates that development is expected to occur within municipal boundaries. This may require annexation prior to development. Applying a zoning district to specific parcels sets the required and allowed density. Higher density residential areas are encouraged to be, but are not required or restricted to, proximity to commercial mixed use areas to facilitate the provision of services and employment opportunities without requiring the use of a car.” Proposed Zoning Designation and Land Uses: The applicant has requested zoning of REMU, Residential Emphasis Mixed Use District whose intent is to: Residential emphasis mixed use zoning district (REMU). The intent and purpose of the REMU district is to establish areas within Bozeman that are mixed-use in character and to provide options for a variety of housing, employment, retail and neighborhood service opportunities within a new or existing neighborhood. 33 23059 Staff Report for the South Range Crossing North Zone Map Amendment Page 27 of 29 These purposes are accomplished by: 1. Emphasizing residential as the primary use, including single household dwellings, two to four household dwellings, townhouses, and apartments. 2. Providing for a diverse array of neighborhood-scaled commercial and civic uses supporting residential. 3. Emphasizing a vertical and horizontal mix of uses in a compact and walkable neighborhood setting. 4. Promoting neighborhoods that: a. Create self-sustaining neighborhoods that will lay the foundation for healthy lifestyles; b. Support compact, walkable developments that promote balanced transportation options; c. Have residential as the majority use with a range of densities; d. Provide for a diverse array of commercial and civic uses supporting residential; e. Have residential and commercial uses mixed vertically and/or horizontally; f. Locate commercial uses within walking distance; g. Incorporate a wider range of housing types; and h. Encourage developments that exhibit the physical design characteristics of vibrant, urban, and pedestrian-oriented complete streets. 5. Providing standards and guidelines that emphasize a sense of place: a. Support or add to an existing neighborhood context; b. Enhance an existing neighborhood’s sense of place and strive to make it more self-sustainable; c. Encourage a new neighborhood commercial centers(s) with a unique identity and strong sense of place; d. Develop commercial and mixed-use areas that are safe, comfortable, and attractive to pedestrians; and e. Reinforce the principle of streets as public places that encourage pedestrian and bicycle travel, transit, on-street parking and physical elements of complete streets. 6. Providing standards and guidelines that emphasize natural amenities; a. Preserve and integrate the natural amenities into the development; and b. Appropriately balance a hierarchy of both parks and public spaces that are within the neighborhood. 7. Providing standards and guidelines that emphasize the development of centers: a. Group uses of property to create vibrant centers; b. Where appropriate create a center within an existing neighborhood; c. Facilitate proven, market driven projects to ensure both long and short-term financial viability; 34 23059 Staff Report for the South Range Crossing North Zone Map Amendment Page 28 of 29 d. Allow an appropriate blend of complementary mixed land uses including but not limited to, retail, offices, commercial services, restaurants, bars, hotels, recreation and civic uses, and housing, to create economic and social vitality; e. Foster the master plan development into a mix of feasible, market driven uses; f. Emphasize the need to serve the adjacent, local neighborhood and as well as the greater Bozeman area; and g. Maximize land use efficiency by encouraging shared use parking. 8. Promoting the integration of action: a. Support existing infrastructure that is within and adjacent to REMU zones; b. Encourage thoughtfully developed master planned communities; c. Provide flexibility in the placement and design of new development and redevelopment to anticipate changes in the marketplace; d. Provide flexibility in phasing to help ensure both long and short term financial viability for the project as a whole; 9. Providing standards and guidelines that promote sustainable design. The Zoning Correlation Table on Page 58 of the Bozeman Community Plan, 2020 correlates zoning districts with the Growth Policy’s land use categories, demonstrating that the proposed zoning designation of REMU correlates with the Growth Policy’s future land use designation of “Residential Mixed Use.” Below is a link to permitted uses with a column designated for REMU Sec. 38.310.040. – Authorized uses-Commercial, mixed-use, and industrial zoning districts. APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF Owner: Gilhousen Community Property TR DTD 3/30, PO Box 11462, Bozeman MT 59719 Applicant: Providence Development, PO Box 4082, Bozeman, MT 59715 Representative: Parker Lange, PO Box 4082, Bozeman, MT 59715 Report By: Elizabeth Cramblet, Associate Planner FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this zone map amendment. 35 23059 Staff Report for the South Range Crossing North Zone Map Amendment Page 29 of 29 ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. In addition, application materials can be viewed on the City’s development map at the following link: Application 23059 (external link) 36 Memorandum REPORT TO:Community Development Board FROM:Elizabeth Cramblet, Associate Planner Chris Saunders, Community Development Manager Erin George, Deputy Director of Community Development Anna Bentley, Director of Community Development SUBJECT: The South Range Crossing North Zone Map Amendment Requesting Amendment of the City Zoning Map to Change the Zoning from R-1 (Residential Low Density District) and R-2 (Residential Moderate Density District) to B-2M (Community Business District-Mixed) on the Western Half of the Property and from R-1 (Residential Low Density District) and R-2 (Residential Moderate Density District) to REMU (Residential Emphasis Mixed Use) on the Eastern Half of the Property with Four Parcels Totaling 39.86 acres. This Report Only Addresses the B-2M Portion of the Application. The subject site is located on the northeast corner of the intersection of 19th Avenue and Graf Street. Application 23059. MEETING DATE:January 22, 2024 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 23059 and move to recommend approval of the B-2M element of the South Range Crossing North Zone Map Amendment, with contingencies required to complete the application processing. 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 application includes a proposal to rezone a lot approximately 39.86 acres in size into two different zone districts. Two separate staff reports will be written to cover each proposed zone district. This staff report focuses on the proposal to rezone the western half of the property from R-1 (Residential Low Density District) and R-2 (Residential Moderate Density 37 District) to B-2M (Community Business District-Mixed). Accompanying this application is a Growth Policy Amendment (application 23063) to amend the future land use map from Urban Neighborhood to Community Commercial Mixed Use to allow B-2M on the subject site. The Growth Policy Amendment must be approved prior to approval of the zone map amendment. Should the City Commission deny the growth policy amendment for application 23063, the proposal to rezone the western half of the lot from R-1 and R-2 to B-2M cannot be approved since the proposed zone district (B-2M) is not an allowed zone district in Urban Neighborhood. The site is currently undeveloped and there are no structures on the property. The property consists of four parcels approximately 39.86 acres in total area. The proposal to rezone the western half of the property from R-1 & R-2 to B-2M will occupy approximately 17.5 acres. The subject site is located on the east side of S. 19th Avenue and sits above Graf Street to the south. The western portion of the property (B-2M side) fronts onto S 19th Avenue, a designated Principal Arterial street according to the Bozeman Area Transportation Plan, 2017 Update and Graf Street to the south is a designated Collector street. Nearby municipal zoning to the north and south is REMU (Residential Emphasis Mixed Use). West of the parcel is zoned R-4 (Residential High Density), R-5 (Residential Mixed Use High Density), and R-O (Residential Office), and east and southeast is zoned R-1 (Residential Low Density) and R- 2 (Residential Moderate Density). UNRESOLVED ISSUES:There are no identified conflicts on this application at this time. As noted in the background, accompanying this application is a Growth Policy Amendment (GPA) application 23063. Zoning analysis is based on approval of the GPA application 23063. ALTERNATIVES:1. Approve the application with contingencies as presented; 2. Approve the application with modifications to the recommended zoning; 3. Deny the application based on findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing, with specific direction to staff or the applicant to supply additional information or to address specific items. FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Annexation or Zone Map Amendment. 38 Attachments: 23059 SRX North ZMA(B-2M) CDB SR.pdf Report compiled on: January 16, 2024 39 Page 1 of 28 23059, Staff Report for the South Range Crossing North B-2M ZMA Public Hearing Date(s): Community Development Board acting in their capacity as the Zoning Commission will hold a public hearing on January 22, 2024 at 6:00 pm. City Commission public hearing will be held on February 6, 2024 at 6:00 pm. Project Description: The South Range Crossing North Zone Map Amendment requesting amendment of the City Zoning Map to change the zoning from R-1 (Residential Low Density District) and R-2 (Residential Moderate Density District) to B-2M (Community Business District-Mixed) on the western half of the property and from R- 1 (Residential Low Density District) and R-2 (Residential Moderate Density District) to REMU (Residential Emphasis Mixed Use) on the eastern half of the property with four parcels totaling 39.86 acres. This report only addresses the B-2M portion of the application. Project Location: The subject site is located on the northeast corner of the intersection of 19th Avenue and Graf Street, and more thoroughly described as A Tract of Land in the Minor Subdivision 494 in the SW ¼ NW ¼ of Section 24, Township 2 South, Range 5 East (Lots 1-4), P.M.M., City of Bozeman, Gallatin County. Recommendation: Meets standards for approval for B-2M if the amendment to the future land use map (separate application) is approved. Recommended Community Development Board Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 23059 and move to recommend approval of the B-2M element of the South Range Crossing North Zone Map Amendment, with contingencies required to complete the application processing. Recommended City Commission Zoning Motion: Having reviewed and considered the staff report, application materials, public comment, recommendation of the Community Development Board, and all information presented, I hereby adopt the findings presented in the staff report for application 23059 and move to approve the B-2M element of the South Range Crossing North Zone Map subject to contingencies required to complete the application processing. Report Date: January 16, 2024 Staff Contact: Elizabeth Cramblet, Associate Planner Lance Lehigh, City Engineer Agenda Item Type: Action – Legislative 40 23059 Staff Report for the South Range Crossing North Zone Map Amendment Page 2 of 28 EXECUTIVE SUMMARY Unresolved Issues There are no identified conflicts on this application at this time. As noted in the summary below and analysis of zoning criteria, accompanying this application is a Growth Policy Amendment (GPA) application, 23063. Zoning analysis is based on approval of the GPA application 23063. Project Summary The application includes a proposal to rezone a lot approximately 39.86 acres in size into two different zone districts. Two separate staff reports will be written to cover each proposed zone district. This staff report focuses on the proposal to rezone the western half of the property from R-1 (Residential Low Density District) and R-2 (Residential Moderate Density District) to B-2M (Community Business District-Mixed). Accompanying this application is a Growth Policy Amendment (application 23063) to amend the future land use map from Urban Neighborhood to Community Commercial Mixed Use to allow B-2M on the subject site. The Growth Policy Amendment must be approved prior to approval of the zone map amendment. Should the City Commission deny the growth policy amendment for application 23063, the proposal to rezone the western half of the lot from R-1 and R-2 to B-2M cannot be approved since the proposed zone district (B-2M) is not an allowed zone district in Urban Neighborhood. The site is currently undeveloped and there are no structures on the property. The property consists of four parcels approximately 39.86 acres in total area. The proposal to rezone the western half of the property from R-1 & R-2 to B-2M will occupy approximately 17.5 acres. The subject site is located on the east side of S. 19th Avenue and sits above Graf Street to the south. The western portion of the property (B-2M side) fronts onto S 19th Avenue, a designated Principal Arterial street according to the Bozeman Area Transportation Plan, 2017 Update and Graf Street to the south is a designated Collector street. Nearby municipal zoning to the north and south is REMU (Residential Emphasis Mixed Use). West of the parcel is zoned R-4 (Residential High Density), R-5 (Residential Mixed Use High Density), and R-O (Residential Office), and east and southeast is zoned R-1 (Residential Low Density) and R-2 (Residential Moderate Density). In determining whether the criteria applicable to this application are met, Staff considers the entire body of plans and regulations for land development. Standards which prevent or mitigate possible negative impacts are incorporated in many locations in the municipal code but are principally in Chapter 38, Unified Development Code. References in the text of this report to Articles, Divisions, or in the form xx.xxx.xxx are to the Bozeman Municipal Code. Application materials can be viewed on the City’s development map at the following link. 41 23059 Staff Report for the South Range Crossing North Zone Map Amendment Page 3 of 28 Application 23059 [external link] Public comments have not been received by the production of this report. Alternatives 1. Approve the application with contingencies as presented; 2. Approve the application with modifications to the recommended zoning; 3. Deny the application based on findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing, with specific direction to staff or the applicant to supply additional information or to address specific items. 42 23059 Staff Report for the South Range Crossing North Zone Map Amendment Page 4 of 28 TABLE OF CONTENTS EXECUTIVE SUMMARY ................................................................................................ 2 Unresolved Issues ........................................................................................................ 2 Project Summary.......................................................................................................... 2 Community Development Board (Zoning Commission) Summary ................................. 2 Alternatives.................................................................................................................. 3 SECTION 1 - MAP SERIES .............................................................................................. 5 SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT ...11 SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS .....................................11 SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ...........12 Section 76-2-304, MCA (Zoning) Criteria ....................................................................12 PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................25 APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND ………..26 APPENDIX B - NOTICING AND PUBLIC COMMENT..................................................27 APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ...................27 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF …………………28 FISCAL EFFECTS ...........................................................................................................28 ATTACHMENTS ............................................................................................................28 43 Page 5 of 28 SECTION 1 - MAP SERIES Figure 1: Vicinity Map (2021 image) Subject Property 44 23059 Staff Report for the South Range Crossing North Zone Map Amendment Page 6 of 28 Figure 2: Future Land Use Designations (2021 image) Industrial Subject Property Urban Neighborhood Residential Mixed Use Public Institutions Residential Mixed Use Community Commercial Mixed Use 45 23059 Staff Report for the South Range Crossing North Zone Map Amendment Page 7 of 28 Figure 3: Current Zoning Map (2021 image) R-O R-3 Subject Property Subject Property R-2 (Jarrett ZMA) REMU REMU 46 23059 Staff Report for the South Range Crossing North Zone Map Amendment Page 8 of 28 Figure 4: Applicant Proposed Zoning Map REMU B-2M Subject Property R-2 (Jarrett ZMA) REMU 47 23059 Staff Report for the South Range Crossing North Zone Map Amendment Page 9 of 28 Figure 5: Applicant Proposed Future Land Use Map Subject Property Community Commercial Mixed Use Residential Mixed Use 48 23059 Staff Report for the South Range Crossing North Zone Map Amendment Page 10 of 28 Figure 6: Map of Planning Projects 49 Page 11 of 28 SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT Please note that these contingencies are necessary for the City to complete the process of the proposed amendment. Recommended Contingencies of Approval: 1. That the future land use amendment, application 23063, be approved by the City Commission and the implementing ordinance adopted. 2. That all documents and exhibits necessary to establish the amended municipal zoning designation of REMU and B-2M shall be identified as the “South Range Crossing (North) Zone Map Amendment”. 3. The applicant must submit a zone amendment map, titled “South Range Crossing (North)”, acceptable to the Director of Transportation and Engineering, as a PDF which will be utilized in the preparation of the Ordinance to officially amend the City of Bozeman Zoning Map. Said map shall contain a metes and bounds legal description of the perimeter of the subject property including adjacent rights-of-way, and the individual zoning districts, and total acreage of the property. 4. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant provides an editable metes and bounds legal description for each zoning district prepared by a licensed Montana surveyor. SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS Having considered the criteria established for a zone map amendment, the Staff rec ommends approval as submitted, contingent on approval of application 23063 to amend the future land use map. The Development Review Committee (DRC) considered the amendment. The DRC did not identify any infrastructure constraints that would impede the approval of the application; however, this request to change zoning to B-2M is in conjunction with a requested amendment to the future land use map of the Bozeman Community Plan 2020, application 23063. A decision on the future land use map amendment must occur prior to a decision on the zoning change. Should the request to change the future land use map be denied, the request for B-2M zoning will be null and void. The Community Development Board acting in their capacity as the Zoning Commission will hold a public hearing on this zone map amendment on January 22, 2024 and will forward its recommendation to the City Commission on the zone map amendment. The meeting will begin at 6 p.m. Instructions on joining the meeting electronically will be included on the meeting agenda. 50 23059 Staff Report for the South Range Crossing North Zone Map Amendment Page 12 of 28 The City Commission will hold a public hearing on the zone map amendment on February 6, 2024. The meeting will begin at 6 p.m. Instructions on joining the meeting electronically will be included on the meeting agenda. SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications for plan approval under this title, the advisory boards and City Commission must consider the following criteria (letters A-K). As an amendment is a legislative action, the Commission has broad latitude to determine a policy direction. The burden of proof that the application should be approved lies with the applicant. A zone map amendment must be in accordance with the growth policy (criteria A) and be designed to secure safety from fire and other dangers (criteria B), promote public health, public safety, and general welfare (criteria C), and facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a zone map amendment the Commission must find Criteria A-D are met. In addition, the Commission must also consider criteria E-K, and may find the zone map amendment to be positive, neutral, or negative with regards to these criteria. To approve the zone map amendment, the Commission must find the positive outcomes of the amendment outweigh negative outcomes for criteria E-K. In determining whether the criteria are met, Staff considers the entire body of regulations for land development. Standards which prevent or mitigated negative impacts are incorporated throughout the entire municipal code but are principally in Chapter 38, Unified Development Code. Section 76-2-304, MCA (Zoning) Criteria A. Be in accordance with a growth policy. Criterion met. The BCP 2020, Chapter 5, p. 73, in the section titled Review Criteria for Zoning Amendments and Their Application, discusses how the various criteria in 76-2-304 MCA are applied locally. Application of the criteria varies depending on whether an amendment is for the zoning map or for the text of Chapter 38, BMC. The first criterion for a zoning amendment is accordance with a growth policy. Future Land Use Map The proposed amendment is a change to the zoning map. Therefore, it is necessary to analyze compliance with the future land use map. Chapter 3 of the BCP 2020 addresses the future land use map. The introduction to that chapter discusses the importance of the chapter. Following are some excerpts. “Future land use is the community’s fundamental building block. It is an illustration of the City’s desired outcome to accommodate the complex and diverse needs of its residents.” 51 23059 Staff Report for the South Range Crossing North Zone Map Amendment Page 13 of 28 “The land use map sets generalized expectations for what goes where in the community. Each category has its own descriptions. Understanding the future land use map is not possible without understanding the category descriptions.” The area of this application is within the annexed area of the City and where there is anticipated development within the City as discussed below. As shown on the maps in Section 1, on the excerpt of the current future land use map, the property is designated as Urban Neighborhood, however, accompanying this application is a Growth Policy Amendment application, 23063 which includes a proposal to change the future land use map on the western half of the subject parcel from Urban Neighborhood to Community Commercial Mixed Use (see Figure 5 under Map Series pg. 9). The findings in this criterion are based on the presumption of a favorable decision on the amendment to the future land use map. If the future land use map is not approved, then the zone map amendment is not in conformance with the growth policy as B- 2M is not an implementing zoning district for the Urban Neighborhood land use category. The Community Commercial Mixed Use designation description reads: “The Community Commercial Mixed Use category promotes commercial areas necessary for economic health and vibrancy. This includes professional and personal services, retail, education, health services, offices, public administration, and tourism establishments. Density is expected to be higher than it is currently in most commercial areas in Bozeman and should include multi-story buildings. Residences on upper floors, in appropriate circumstances, are encouraged. The urban character expected in this designation includes urban streetscapes, plazas, outdoor seating, public art, and hardscaped open space and park amenities. High density residential areas are expected in close proximity. Developments in this land use area should be located on one or two quadrants of intersections of the arterial and/or collector streets and integrated with transit and non-automotive routes. Due to past development patterns, there are also areas along major streets where this category is organized as a corridor rather than a center. Although a broad range of uses may be appropriate in both types of locations, the size and scale is to be smaller within the local service areas. Building and site designs made to support easy reuse of the building and site over time is important. Mixed use areas should be developed in an integrated, pedestrian friendly manner and should not be overly dominated by any single use. Higher intensity uses are encouraged in the core of the area or adjacent to significant streets and intersections. Building height or other methods of transition may be required for compatibility with adjacent development. Smaller neighborhood scale areas are intended to provide local service to an area of approximately one half-mile to one mile radius as well as passerby. These smaller centers support and help give identity to neighborhoods by providing a visible and district focal point as well as employment and services. Densities of nearby homes needed to support this scale are an average of 14 to 22 dwellings per net acre.” 52 23059 Staff Report for the South Range Crossing North Zone Map Amendment Page 14 of 28 The correlation between the future land use map of the growth policy and the zoning districts is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the following Correlation with Zoning Table the B-2M district is an implementing district of the Community Commercial Mixed Use category. It is not an implementing district of the Urban Neighborhood category. Goals and Policies A zoning amendment is also evaluated against the goals and policies of the BCP 2020. Most of the goals and policies are not applicable to this application. Relevant goals and objectives have been identified by staff. Conflict with the text of the growth policy have not been identified. The Short Term Action list on page 63 of the BCP 2020 describes 14 items to implement the growth policy. The first two relate to direct changes to the zoning map in support of listed goals and objectives. These include increasing the intensity of zoning districts in already developed areas. Beginning on page 71 of the BCP 2020 in the section titled Zoning Amendment Review, the document discusses how the City implements zoning for new areas, amendments to areas, and revisions to existing text. This section includes a discussion of when the City may initiate a zoning change to a more intensive district to increase development opportunities. This section demonstrates that the City, as a matter of policy, is supportive of more intensive zoning districts and development, even within already developed areas. This policy approach does not specify any individual district but does lean towards the more intensive portion of the zoning district spectrum. The Applicant argues the proposed zone change and growth policy amendment is in accordance with the Growth Policy by stating, “…the GPA’s request for partial re-designation 53 23059 Staff Report for the South Range Crossing North Zone Map Amendment Page 15 of 28 to Community Commercial Mixed Use seeks to solve deficiencies in the 2020 Community Plan. These deficiencies and solutions are detailed in the GPA narrative (application 23063). The intent of the B-2M zoning designation is to function as a vibrant mixed-use district that accommodates substantial growth and enhances the character of the City. This district provides for a range of commercial uses that serve both the immediate area and the broader trade area and encourages the integration of multi-household residential as a secondary use. Both the REMU and B-2M are necessary to achieve the goals of the development in providing services to local neighborhoods and regional residents that are currently driving across town for services from the south side neighborhoods. Creating this commercial mixed use node will help reduce these trips, localize them to improve the overall system and allow neighborhoods to have access to services without the need for a car.” The applicant continues to suggest numerous goals and objectives that are broadly served with this application. Staff is in general agreement with the list but note some goals and objectives are only marginally promoted by the application. These include: Goal N-1: Support well-planned, walkable neighborhoods. N-1.3 Revise the zoning map to lessen areas exclusively zoned for single-type housing. The intent of the B-2M community business district mixed is to function as a vibrant mixed use district that accommodates substantial growth and enhances the character of the city. This district provides for a range of commercial uses that serve both the immediate area and the broader trade area and encourages the integration of multi-household residential as a secondary use. Design standards emphasizing pedestrian oriented design are important elements of this district. Use of this zone is appropriate for arterial corridors, commercial nodes and/or areas served by transit. The applicant further suggests “the B-2M zoning would allow for a significant increase in the number of units that could take the shape of a variety of product types. B-2M allows for a range of residential housing types primarily based in the multifamily realm.” N-1.5 Encourage neighborhood focal point development with functions, activities, and facilities that can be sustained over time. Maintain standards for placement of community focal points and services within new development. Goal N-2: Pursue simultaneous emergence of commercial nodes and residential development through diverse mechanisms in appropriate locations N-2.1 Ensure the zoning map identifies locations for neighborhood and community commercial nodes early in the development process. The site is currently zoned for low density residential uses. The proposal to rezone to B- 2M would allow a range of commercial uses and as a secondary use, high density housing. The subject site is located in the south central side of the city which has seen tremendous residential growth over the last five to six years that include apartment buildings, 54 23059 Staff Report for the South Range Crossing North Zone Map Amendment Page 16 of 28 condominiums/townhomes, and single-household homes. Additionally, there are a number of residential projects in the preliminary planning stages (currently being reviewed) and projects recently approved yet to be constructed as shown in the Map Series-Figure 6 above. The site is bordered by South 19th Avenue on the west (a designated Primary Arterial) and Graf Street on the south (a designated Collector street) according to the Bozeman Area Transportation Plan, 2017. Additionally, Arnold Street and South 15th Avenue will be constructed to a local street standard prior to any development which further improving access to the site. The applicant feels there is ample future and existing residential to support community commercial by stating “This area has a significant amount of residential that is planned, under construction, and already built. By quick estimations, there are over 6 thousand units built or going through the planning process. According to the EPS Demographic and Real Estate Market Assessment of January 2018, a population size of 6,500 could support 128,000 square feet of commercial area. This site is the best location for the creation of this neighborhood commercial center and B-2M and REMU are the best zoning designations to help promote this commercial node.” The applicant is correct in that a substantial amount of residential units are in various planning stages, however, new development is spread out in the south side region and it will take several years to really see the impact of this new development. Careful placement of commercial nodes is critical to ensure their success. The future land use map depicts areas suitable for commercial development with implementing zone districts to provide these services. Making adjustments to this map requires careful consideration to ensure compliance with the City’s long range growth policy in the Bozeman Community Plan 2020. N-2.2 Revise the zoning map to support higher intensity residential districts near schools, services, and transportation. The applicant argues “this project site is in close proximity to several schools. Additionally, this site is located at the intersection of two high classification roadways. Finally, the multimodal network in this area is rapidly expanding and will be further expanded by any future development. This project site is in the perfect location for creating a commercial hub on the south side of Bozeman.” N-2.3 Investigate and encourage development of commerce concurrent with, or soon after, residential development. The B-2M district promotes the development of commercial nodes and supports higher intensity residential uses. The applicant further suggests “there is a significant amount of residential in the area and now is the right time for commercial development to follow. This site is in the best location to achieve this given its access to the existing street network.” 55 23059 Staff Report for the South Range Crossing North Zone Map Amendment Page 17 of 28 Goal DCD-2: Encourage growth throughout the City, while enhancing the pattern of community development oriented on centers of employment and activity. Support an increase in development intensity within developed areas. DCD-2.2 Support higher density development along main corridors and at high visibility street corners to accommodate population growth and support businesses. DCD-1.5 Identify zone appropriate locations for neighborhood-scale commercial development. The B-2M district supports higher density and mixed use developments at the neighborhood scale. The property highlighted in this application is located adjacent to 19th Avenue and Graf Street, designated a primary arterial and collector street. Both would be considered main corridors. The applicant agrees with this and argues that since 19th Avenue is “a main corridor through town, placing B-2M next to it meets this community plan goal. Additionally, Graf Street is a collector street which is also planned to carry a large percentage of traffic. These two major corridors make the perfect location for placing commercial and high density residential.” M-1.1 Prioritize mixed use land use patterns. Encourage and enable the development of housing, jobs, and services in close proximity to one another. The B-2M district is designed as a mixed use district. Development that is consistent with the B-2M intent and permitted uses encourage development to be built at densities that support multimodal transportation and adjacency of housing, jobs, and services. Staff concurs with a number of these identified goals and objectives. 19th Avenue is a designated Primary Arterial and Graf Street is a designated Collector street that could serve a business district. The intent of the B-2M district is to function as a vibrant mixed use district that accommodates substantial growth and enhances the character of the city. Substantial residential development is occurring south of Stucky on the east and west sides of 19th Avenue. Existing commercial within a quarter mile of the subject site is located at the southwest corner of South 19th Avenue and Stucky Road located within the county. A half mile of the subject site is an additional commercial area and a deli located on the south side of Kagy Boulevard and S. 11th Avenue, and a Town and Country grocery store with some other local shops and restaurants north of Kagy on 11th Avenue. About a mile out is additional commercial with restaurants along Kagy Boulevard east of 3rd Avenue. While there are some nearby commercial shops within a half mile of the site, additional commercial may be warranted given the number of new residential units in various stages of development in this south side region. B. Secure safety from fire and other dangers. Criterion met. The subject property is currently served by City of Bozeman Fire and Police Departments. Future development of the property will be required to conform to all City of 56 23059 Staff Report for the South Range Crossing North Zone Map Amendment Page 18 of 28 Bozeman public safety, building and land use requirements, which will ensure this criterion is met. The change from R-1 & R-2 to B-2M is not likely to adversely impact safety from fire and other dangers. The on-going relocation of First Station 2 to Kagy will place emergency services closer with shorter response times than currently exist. C. Promote public health, public safety, and general welfare . Criterion met. City development standards included in Chapter 38, Unified Development Code, building codes, and engineering standards all ensure that this criterion is met. Adequate water and sewer supply and conveyance provide for public health through clean water. Rapid and effective emergency response provides for public safety. The City’s standards ensure that adequate services are provided prior to building construction which advances this criterion. General welfare has been evaluated during the adoption of Chapter 38 and found to be advanced by the adopted standards. Provision of parks, control of storm water, and other features of the City’s development standards also advance the general welfare. Compliance with the BCP 2020 as described in Section 4, Criterion A shows advancement of the well- being of the community as a whole. See also Criterion B. D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. Criterion met. The BCP 2020, page 74, says the following regarding evaluation of Section 4, Criteria B, C, & D for zoning amendments: “For a map amendment, all three of the above elements are addressed primarily by the City’s long range facility Plans, the City’s capital improvements program, and development standards adopted by the City. The standards set minimum sizing and flow requirements, require dedication of parks, provision of right of way for people and vehicles, keep development out of floodplains, and other items to address public safety, etc. It is often difficult to assess these issues in detail on a specific site.” The City conducts extensive planning for municipal transportation, water, sewer, parks, sustainability, and other facilities and services provided by the City. The adopted plans allow the City to consider existing conditions; and identify enhancements needed to provide service to new development. See page 19 of the BCP 2020 for a listing. The City implements these plans through its capital improvements program (CIP). The CIP identifies individual projects, project construction scheduling, and financing of construction for infrastructure. Private development must demonstrate compliance with standards prior to construction The subject properties are within the City’s land use, transportation, parks, and utility planning areas. Those plans show this property as developing within the City when development is proposed. The 2025-2049 CIP [External Link] shows transportation system expansion projects on Kagy Blvd and Stucky Road that will improve all mode transportation system capacity in the area. Development consistent with City standards will improve connectivity of sidewalks to Blackwood Groves development. 57 23059 Staff Report for the South Range Crossing North Zone Map Amendment Page 19 of 28 As stated in 38.300.020.C, the designation of a zoning district does not guarantee approval of new development until the City verifies the availability of needed infrastructure. 38.300.020.C, “Placement of any given zoning district on an area depicted on the zoning map indicates a judgment on the part of the city that the range of uses allowed within that district are generally acceptable in that location. It is not a guarantee of approval for any given use prior to the completion of the appropriate review procedure and compliance with all of the applicable requirements and development standards of this chapter and other applicable policies, laws and ordinances. It is also not a guarantee of immediate infrastructure availability or a commitment on the part of the city to bear the cost of extending services.” Because this application is accompanied by a growth policy amendment application to allow for commercial mixed use on the site, additional information was required by the applicant to determine future water demand, sewer capacity, and traffic demand. Trip generation projections were submitted for the proposed B-2M and REMU sites based on the proposed land use densities. The 2017 Bozeman Transportation Master Plan (TMP) 2017 provides roadway capacities and expected 2040 volumes for roadways throughout the city. Many roadway projects have been completed as part of the CIP program. The proposed change in zoning from R-1 and R-2 to B-2M and REMU is expected to result in a large increase in traffic demand, but it is not anticipated to exceed roadway capacities according to the traffic technical report submitted by an engineer working with the applicant. This report is currently being reviewed by city staff. A water and sewer technical memo was submitted providing the maximum water demand plus fire flow and peak hour water demand associated with the proposed zoning. A peak hour sanitary flow rate associated with the proposed zoning was submitted for evaluation as well. Engineering staff as indicated from a preliminary review of the water and sewer calculations within the reports submitted by the applicant, there appears to be sufficient water and sewer capacity for the proposed zone change. Additional technical information will be included in all analysis when considering development applications. All future construction must extend services in conjunction with subdivision and site development. Those extensions must meet current standards and will advance this standard. E. Reasonable provision of adequate light and air. Criterion met. The B-2M district provides adequate light and air through the Bozeman Unified Development Code’s standards for park and recreation requirements, on-site open space for residential uses, maximum building height, lot coverage, and setback requirements. The form and intensity standards, Division 38.320, provide minimum lot areas, lot widths, lot coverage and maximum floor area ratios, and prescribe require minimum separation from property lines and limits building heights. Section 38.520.030 requires building placement to ensure access to light and air. Division 38.420 and Section 38.520.060 require dedication of 58 23059 Staff Report for the South Range Crossing North Zone Map Amendment Page 20 of 28 parks and on-site open spaces to meet needs of residents. The standards provide a reasonable provision of adequate light and air. Any future development of the property will be required to conform to City standards for setbacks, height, lot coverage, and buffering. The criterion is not about personal preferences but about protection of public health and safety. The adopted standards address protection of public health and safety. In addition to the zoning standards, adopted building codes contain more detailed requirements for air circulation, window placement, and building separation that further ensure the intent of this criterion is satisfied. F. The effect on motorized and non-motorized transportation systems. Criterion met. Potential future development within a zoning district of B-2M will affect the City’s motorized and non-motorized transportation system with increased traffic and vehicle trips along South 19th Avenue and Graf Street. Staff agrees with the applicant’s statement that “This property is uniquely situated in that it is already served by two high classification roadways. Future development of the property will be required to comply with transportation- related standards and be examined for impacts on surrounding streets, intersections, and sidewalks. Any future development of the property will likely require a Traffic Impact Study to gauge the potential impacts of future development.” The proposed zoning will allow for a higher density of uses than is currently allowed under R- 1 and R-2 zoning districts. The City’s transportation plan is used to evaluate transportation needs over the long term throughout the City and will evaluate impacts of motorized vehicles along with bikes and pedestrians. The parks and trails plans also examine and specify options for extensions of the existing trail network through this site. Future site development will examine impacts in greater detail on the transportation network, parks, and trails system, and municipal facilities when specific construction has been identified. Furthermore, these future development reviews will ensure that development under the new zoning will comply with the City’s standards for the provision of onsite parking for bicycles and vehicles, as well as the requirements for onsite circulation. Traffic impacts will be studied by the development team to demonstrate compliance with the City’s long-range transportation plans. Future project development will ensure compliance with the acceptable traffic limits identified in the transportation plans, as well as provide for the dedication of rights of way, construction or reconstruction of streets and trails, payment of impact fees, and other contributions as will be applicable to this project. As previously mentioned, The City conducts extensive planning for municipal transportation, water, sewer, parks, sustainability, and other facilities and services provided by the City. The adopted plans allow the City to consider existing conditions; and identify enhancements needed to provide service to new development. 59 23059 Staff Report for the South Range Crossing North Zone Map Amendment Page 21 of 28 The subject properties are within the City’s land use, transportation, parks, and utility planning areas. Those plans show this property as developing within the City when development is proposed. The 2025-2049 CIP [External link] shows transportation system expansion projects on Kagy Blvd and Stucky Road that will improve all mode transportation capacity in the area. Development consistent with City standards will add/improve connectivity of sidewalks to SRX South development and the Blackwood Groves development. Future development and redevelopment of the property will be required to comply with transportation-related standards and reviewed for impacts on the surrounding streets, intersections, and sidewalks, and improvements to the transportation network to serve the site, which will improve the overall transportation system. These improvements include provisions for non-motorized transportation systems. The change in zoning district will have a minimal effect on required road improvements, pedestrian or bicycle facilities, or similar compliance with standards. The site is adjacent to one primary arterial (19th Avenue) and one collector street (Graf Street), both of which have capacity to carry additional traffic. G. Promotion of compatible urban growth. Criterion met. The Bozeman Community Plan establishes a preferred and compatible development pattern. “The land use map sets generalized expectations for what goes where in the community… The land use categories and descriptions provide a guide for appropriate development and redevelopment locations for civic, residential, commercial, industrial, and other uses. The future land use designations are important b ecause they aim to further the vision and goals of the City through promoting sustainability, citizen and visitor safety, and a high quality of life that will shape Bozeman’s future.” (Community Plan p. 51). The City’s future land use map designates the property as Urban Neighborhood in the BCP 2020. As previously mentioned, accompanying this application is a Growth Policy Amendment (application (23063) to amend the future land use map from Urban Neighborhood to Community Commercial Mixed Use on the western half of the lot. The Community Commercial Mixed Use designation correlates with several zoning districts including the B- 2M district proposed by the applicants. The districts were developed by the City to promote appropriate urban growth compatible with the areas of the City and provide for public and quasi-public uses outside of other districts as identified on the future land use map. Based on the proposed land use map designation in the Growth Policy Amendment (application 23063) and correlated zoning districts in the plan and proposed by the applicants, the zone map amendment would promote compatible urban growth. Also see the discussion in (H) below. The applicant provides additional support by stating “the proposed GPA to re-designate a portion of the property to Community Commercial Mixed Use would allow for the zoning of B-2M. The growth policy supports development that provides a range of housing options to meet the needs of residents. The growing demand for housing suggests the proposed REMU and B-2M zoning districts are appropriate to facilitate higher densities and variety in housing options in proximity to commercial areas. Furthermore, the proximity to high classification 60 23059 Staff Report for the South Range Crossing North Zone Map Amendment Page 22 of 28 roadways and being centrally located makes this an ideal location for a mixed use development. Future development on the project site must conform to the City’s zoning standards, such as setbacks, building heights, and parking requirements, to ensure compatibility of uses.” The intent of the B-2M community business district-mixed zone is to function as a vibrant mixed use district that accommodates substantial growth and enhances the character of the city. This district provides for a range of commercial uses that serve both the immediate area and the broader trade area and encourages the integration of multi-household residential as a secondary use. Design standards emphasizing pedestrian oriented design are important elements of this district. Use of this zone is appropriate for arterial corridors, commercial nodes and/or areas served by transit. Looking out about a mile around the subject site illustrates a great deal of new development and growth in addition to existing development from the last 10 years. A majority of existing residential units are between one half to one mile east and south of the subject site. Approximately 2,000 new units are being proposed north, east and south of the subject site. The Cottages at Bozeman that will construct cottage rental units lies north of the site, and south is the applicant’s other proposal for South Range Crossing where rental and sale units are being proposed. East of the subject site is the recently approved Jarrett Zone Map Amendment for R-2 zoning to include townhouses and single-household homes, and directly west across 19th Avenue are apartment homes in various stages. Discussed in a separate staff report the applicant is proposing REMU (Residential Emphasis Mixed Use) on the eastern side of the subject site where a variety of housing types will be proposed in a subsequent application. Providing additional housing and neighborhood commercial services will help serve a growing student and staff population at Montana State University which lies within a mile of the subject site. H. Character of the district. Neutral. Section 76-2-302, MCA says “…legislative body may divide the municipality into districts of the number, shape, and area as are considered best suited to carry out the purposes [promoting health, safety, morals, or the general welfare of the community] of this part.” Emphasis added. This proposal amends the zoning map and not the text. Therefore, no element of this amendment modifies the standards of any zoning district. The character of the districts as created by those standards remains intact. As noted above, the City Commission has latitude in considering the geographical extents of a zoning district. It is not expected that zoning freeze the character of an area in perpetuity. Rather, it provides a structured method to consider changes to the character. This is especially true when applying zoning to undeveloped areas as any new construction will alter the physical characteristics of the area. 61 23059 Staff Report for the South Range Crossing North Zone Map Amendment Page 23 of 28 The City has defined compatible development as: “The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and objectives of the City's adopted growth policy. Elements of compatible development include, but are not limited to, variety of architectural design; rhythm of architectural elements; scale; intensity; materials; building siting; lot and building size; hours of operation; and integration with existing community systems including water and sewer services, natural elements in the area, motorized and non-motorized transportation, and open spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design, density or use.” Community business district-mixed (B-2M) 1. The intent of the B-2M community business district-mixed is to function as a vibrant mixed use district that accommodates substantial growth and enhances the character of the city. This district provides for a range of commercial uses that serve both the immediate area and the broader trade area and encourages the integration of multi- household residential as a secondary use. Design standards emphasizing pedestrian oriented design are important elements of this district. Use of this zone is appropriate for arterial corridors, commercial nodes and/or areas served by transit. The City has adopted many standards to identify and avoid or mitigate demonstrable negative impacts of development. These will support the ability of future development in the proposed B-2M district to be compatible with the proposed adjacent mixed use district, where both will help serve the expanding residential development within this southern region of the city. The proposed zone district allows the applicant to construct a variety of commercial-sized buildings including large scale commercial as well as some secondary residential uses like townhomes and apartment buildings. A majority of the existing uses within a mile of the subject site are residential with small pockets of neighborhood commercial and recreational uses that include medical offices, indoor recreation, retail and office space, and small grocery. Uses allowed in the B-2M district do expand beyond what is existing, however, this brings an opportunity to allow much needed new uses that could serve this southern region. The site is separated from adjacent properties by public right of way for Graf, S 19th, and Arnold. The applicant owns the property immediately to the east that is proposed to be zoned as REMU and which will be separated from the adjacent ownership by 15th Ave. There is physical separation from all adjacent owners. The Bozeman Community Plan 2020 on pages 76-77 says in part “Nothing in the zoning amendment or site review criteria requires the Commission restrict one owner because an adjacent owner chooses to not use all zoning potential.” The adjacent Alder Creek development is a mix of single and two home dwellings. It is not inconsistent with the character of the district to allow the same latitude to the land subject to the application. 62 23059 Staff Report for the South Range Crossing North Zone Map Amendment Page 24 of 28 I. Peculiar suitability for particular uses. Criterion Met. Future uses for construction on the site are not finalized at this time, so the suitability of the site for particular uses is not easily evaluated. All uses allowed in the B-2M district must the considered. The subject site is accessed by South 19th Avenue and Graf Street which are designated principal arterial and collector streets allowing for easy access to the project site. The property has access to water lines and sewer extensions along South 19th Avenue and Graf Street and is currently served by the City of Bozeman Police and Fire Departments. Considering this, the streets serving the project site, existing city services and land uses in the immediate area, the proposed B-2M district could offer uses not that are needed in this region. The applicant states “The proposed REMU and B-2M zoning districts are directly adjacent to existing REMU zoned lots to both the north and south making the suitability quite large. Additionally, there are several other parcels in the general vicinity zoned either R-3 or R-4. The allowed uses in these zoning districts are largely the same. This creates a condition with large areas of residential uses, without commercial nearby. Allowing the development of a commercial node in this area would alleviate vehicular traffic on local roadways by providing residents of this area with walkable community assets.” As shown in Figures3 & 4, the property is bounded by REMU to the north and south, R-3, R- 4 and R-O to the west and REMU (if approved) and R-2 to the west. The B-2M district can support many types of urban development that are likely to serve the immediate area as a result of its location and proximity to residential areas all around the site. Final determination of suitability will occur during the site development process. J. Conserving the value of buildings. Neutral. The subject site is currently undeveloped. The proposed amendment is for the zoning map and does not alter allowed uses on adjacent properties. The nearest developed areas are either separated by S. 19th Avenue or other right of way or over 450 feet away. The amendment does not modify the existing standards of the B-2M district. The B-2M zone allows both commercial and residential uses. Future development must comply with the Bozeman Unified Development Code which will ensure an appropriate scale and intensity of uses. As a result, the proposed zone map amendment is not anticipated to negatively impact nearby building and lot values as the permitted uses allowed in the B-2M district will be appropriate to the surrounding character of the district. K. Encourage the most appropriate use of land throughout the jurisdictional area Neutral. The Future land use map has this site designated as Urban Neighborhood which does not allow B-2M as an implementing zone district. As previously mentioned this analysis is based on the assumption that the GPA application (23063) is approved to change the land use designation for the western half of the lot from Urban Neighborhood to Community Commercial Mixed Use which includes B-2M as an implementing zone district. The location of this site with access to an existing primary arterial and collector street, with existing utilities 63 23059 Staff Report for the South Range Crossing North Zone Map Amendment Page 25 of 28 nearby has the opportunity to offer expanded services to a growing region of residential development in this south side region of the city. The applicant argues “There is a growing demand for housing in the city, and the while the proposed zoning designation provide for a variety of housing options to meet this need, the GPA will also address the need for the development of a commercial node to support these residential uses. The B-2M district will allow for more focused and significant development to serve both the future residents of this property and the surrounding communities as well. The need for this commercial node is ever present on the south side of Bozeman and this central location will allow visitors to frequent the site from any mode of transportation.” As this analysis is based on the possible approval of the growth policy amendment, if the amendment is not approved this criterion is not met. The future land use map from the growth policy establishes the basic determination of appropriate use of land. PROTEST NOTICE FOR ZONING AMENDMENTS IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION. The City will accept written protests from property owners against the proposal described in this report until the close of the public hearing before the City Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property within the area affected by the proposal or by owner(s) of real property that lie within 150 feet of an area affected by the proposal. The protest must be in writing and must be signed by all owners of the real property. In addition, a sufficient protest must: (i) contain a description of the action protested sufficient to identify the action against which the protest is lodged; and (ii) contain a statement of the protestor's qualifications (including listing all owners of the property and the physical address and legal description of the property), to protest the action against which the protest is lodged, including ownership of property affected by the action. Signers are encouraged to print their names after their signatures. A person may in writing withdraw a previously filed protest at any time prior to final action by the City Commission. Protests must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230. 64 23059 Staff Report for the South Range Crossing North Zone Map Amendment Page 26 of 28 APPENDIX A – DETAILED PROJECT DESCRIPTION AND BACKGROUND A zone map amendment requesting amendment of the City Zoning Map for a parcel consisting of approximately 39.86 acres into two zone districts, from R-1 and R-2 into REMU on the eastern half of the property and B-2M on the western half of the property. This staff report has focused on the western half of the lot with the proposal to rezone the western half of the lot to B-2M (Community Business District-Mixed). This request requires an amendment to the future land use map from Urban Neighborhood to Community Commercial Mixed Use on the western half of the site. Currently the entire lot has a designation of Urban Neighborhood. In order to rezone the western half to B-2M, the land use designation on the western half will need to be changed from Urban Neighborhood to Community Commercial Mixed Use. A Growth Policy Amendment (application 23063) must be approved to prior to approval of the requested zone map amendment. Staff’s analysis is based on the assumption of approval of GPA application (23063). The site is currently undeveloped and there are no structures on the property. The proposal to rezone the western side of the lot from R-1 and R-2 to B-2M will occupy approximately 17. 5 acres. The property is located at the intersection of South 19th Avenue and Graf Street. South 19th Avenue lies to the west of the site and Graf is directly south of the site. The site is within proximity of other residential communities including Gran Cielo, Homestead at Buffalo Run, Meadow Creek, Southbridge, Alder Creek, South Range Crossing, Allison Subdivision, South University District and Blackwood Groves. The existing and future residential communities offer a wide variety of housing options both rental and for sale. The applicant This property was originally annexed and zoned for a residential development in 2007. That development never proceeded. The site was later subdivided to be the home to the Yellowstone Theological Institute. The existing zone districts (R-1 and R-2) and subdivision layout was proposed to help promote the applicant’s goals of creating theological institute. Today the applicant believes the R-1 and R-2 zoning are not the best use for the land. This proposal seeks to rezone the eastern half to REMU (Residential Emphasis Mixed Use) and the western half to B-2M (Community Business District-Mixed). The proposed zoning allows for more creative neighborhood design that aims to accomplish several goals and themes of the community plan outlined in the Zone Map Amendment Staff Analysis. The B-2M district is classified as a mixed use district. The intent and purpose of the commercial zoning districts are to establish areas within the city that are primarily commercial in character and to set forth certain minimum standards for development within those areas. The purpose in having more than one commercial district is to provide opportunities for a variety of employment and community service opportunities within the community, while providing predictability. There is a rebuttal presumption that the uses set forth for each district will be compatible with each other both within the individual districts and to adjoining zoning districts when the standards of this chapter are met and any applicable conditions of approval have been satisfied. Additional requirements for development apply within overlay districts. 65 23059 Staff Report for the South Range Crossing North Zone Map Amendment Page 27 of 28 The proposed change from R-1 and R-2 to B-2M in building type, building form, and permitted uses is considerable. Primary differences relate to residential and commercial intensity. Please refer to Appendix C for a link to Sec. 38.310.040 showing authorized uses for commercial, mixed use, and industrial districts (please refer to the B-2M column). APPENDIX B - NOTICING AND PUBLIC COMMENT As required by 38.220 (external link), notice was sent via US first class mail to all owners of property located inside the site and within 200 feet of the perimeter of the site. The project site was posted with a copy of the notice. The notice was published in the Legal Ads section of the Bozeman Daily Chronicle on December 23rd and December 30th, 2023. Notice was provided at least 15 but not more than 45 working days prior to any public hearing. The Community Development Board hearing is scheduled for January 22, 2024 and the City Commission public hearing is scheduled for February 6, 2024. Public comments have not been received on this application at the time of writing this report. Any received comments will be made available through the City’s Laserfiche (external link) APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING Adopted Growth Policy Designation (assuming the GPA application has been approved-#23063): The project site is designated as “Community Commercial Mixed Use” in the Bozeman Community Plan 2020 future land use map – see descriptions below. “The Community Commercial Mixed Use category promotes commercial areas necessary for economic health and vibrancy. This includes professional and personal services, retail, education, health services, offices, public administration, and tourism establishments. Density is expected to be higher than it is currently in most commercial areas in Bozeman and should include multi-story buildings. Residences on upper floors, in appropriate circumstances, are encouraged. The urban character expected in this designation includes urban streetscapes, plazas, outdoor seating, public art, and hardscaped open space and park amenities. High density residential areas are expected in close proximity. Developments in this land use area should be located on one or two quadrants of intersections of the arterial and/or collector streets and integrated with transit and non-automotive routes….Smaller neighborhood scale areas are intended to provide local service to an area of approximately one half-mile to one mile radius as well as passersby. These smaller centers support and help give identity to neighborhoods by providing a visible and distinct focal point as well as employment and services. Densities of nearby homes needed to support this scale are an average of 14 to 22 dwelling units per net acre.” 66 23059 Staff Report for the South Range Crossing North Zone Map Amendment Page 28 of 28 Proposed Zoning Designation and Land Uses: The applicant has requested zoning of B-2M, Community business district-mixed whose intent is to: “The intent and purpose of the B-2M community business district-mixed is to function as a vibrant mixed-use district that accommodates substantial growth and enhance the character of the city. This district provides for a range of commercial uses that serve both the immediate area and the broader trade area and encourages the integration of multi-household residential as a secondary use. Design standards emphasizing pedestrian oriented design are important elements of this district. Use of this zone is appropriate for arterial corridors, commercial nodes and/or areas served by transit.” Below is a link to permitted uses with a column designated for B-2M Sec. 38.310.040. – Authorized uses-Commercial, mixed-use, and industrial zoning districts. APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF Owner: Gilhousen Community Property TR DTD 3/30, PO Box 11462, Bozeman MT 59719 Applicant: Providence Development, PO Box 4082, Bozeman, MT 59715 Representative: Parker Lange, PO Box 4082, Bozeman, MT 59715 Report By: Elizabeth Cramblet, Associate Planner FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this zone map amendment. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. In addition, application materials can be viewed on the City’s development map at the following link: Application 23059 (external link) 67 Memorandum REPORT TO:Community Development Board FROM:Anna Bentley, Community Development Director SUBJECT:Discussion of and Input on Possible Commission Priorities MEETING DATE:January 22, 2024 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Discuss, provide input for City Commission STRATEGIC PLAN:4.1 Informed Conversation on Growth: Continue developing an in-depth understanding of how Bozeman is growing and changing and proactively address change in a balanced and coordinated manner. BACKGROUND:City Commission and the City Manager have asked that each advisory board hold a discussion to provide input for Commission priority setting. The City Commission will work through setting priorities for the next two-year cycle (2024-2025) late January. On January 8, the Community Development Board held a discussion of possible Commission priorities. After discussion, the Board requested the topic be placed as an Action Item on the January 22 meeting to allow additional discussion and agreement on input. The information below may assist the Board in thinking about and discussing possible priorities. 1. Criteria for each priority include: Priority must be completed within 2 years, Commission must be able to resource the priority – time, staffing, budget, Priority accomplishment must be measurable, and Priority statements should be one or two sentences. 2. 2022-2023 Commission Priorities are here: https://legistarweb- production.s3.amazonaws.com/uploads/attachment/pdf/1178487/Resolution_5368_Ado 23.pdf Following Community Development Board discussions, this Board's Commission Liaison (Commissioner Madgic) will relay the input to the City Manager, who will then share with the full Commission. UNRESOLVED ISSUES:None 68 ALTERNATIVES:None FISCAL EFFECTS:None Report compiled on: January 17, 2024 69 Memorandum REPORT TO:Community Development Board FROM:Tom Rogers, Senior Planner Chris Saunders, Community Development Manager Erin George, Deputy Director of Community Development Anna Bentley, Director of Community Development SUBJECT:Growth Policy Amendment Application to Revise the Future Land Use Map from Urban Neighborhood to Community Commercial Mixed Use on Approximately 17.485 acres, Application 23063 MEETING DATE:January 22, 2024 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:Having reviewed and considered the application materials, public comment, and all information presented, I hereby move to adopt the findings presented in the staff report and recommend the City Commission deny the growth policy amendment application 23063. 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 City received an application to modify the Bozeman Community Plan 2020 Future Land Use map from Urban Neighborhood to Community Commercial Mixed Use. The request stems from the associated application to rezone the subject property from lower density residential to B-2M (Community Commercial Mixed), see application 23059. The B-2M zoning district is not an implementing district for the Urban Neighborhood future land use designation and therefore, must be changed before the property can be zoned B-2M. If the governing body does not approve the Growth Policy Amendment application, the rezoning application is moot. No change to the text or the plan is proposed. The city prepares the growth policy based on best available information at the time. As new information becomes available it is appropriate to consider possible amendments. An application for an amendment to the future land use map of the Bozeman Community Plan 2020 has been submitted by the landowner. The applicant proposed modifying the future land use designation from Urban Neighborhood to Community Commercial Mixed Use. The owners, “…believe that a change in future land use designation; and a possible zoning change, will assist in the creation of a desperately 70 needed commercial node on the south side of Bozeman and create a new vision for the property”. The Bozeman Community Plan 2020 and the associated Future Land Use Map is the fundamental building block for many future development decisions including zoning, community character, intensity, density, parking, and other aspects. Changes to the plan are infrequent and are reviewed with gravitas. Considerable development is occurring around the subject property including the Nexus Point and Graf apartments across 19th Street to the west, the South University District to the north, South Range Crossing on the south, Allison Subdivision to the east, and others. Discussion and criteria for deciding on this growth policy application are limited to those in this report. Other elements of the future development will be addressed separately in the future. Application materials [External link] are available through the City’s website. No public comment has been received as of the writing of this report. UNRESOLVED ISSUES:There are no unresolved issues. ALTERNATIVES:1. Do not approve the application findings of non-compliance with the applicable criteria contained within the staff report, 2. Approve the application by adopting the Applicant findings, 3. Approve the application with modifications to the recommended contingencies, or 4. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this growth policy amendment. Attachments: 23063 SRX North GPA CDB SR.pdf 23063 SRX North GPA Boundary.pdf 001 Narrative (1).pdf Report compiled on: January 18, 2024 71 Page 1 of 25 23063, Staff Report for the SRX North Growth Policy Amendment (GPA) Public Hearing Dates: Community Development Board January 22, 2024. City Commission February 6, 2024. Project Description: A growth policy amendment to revise the future land use map from Urban Neighborhood to Community Commercial Mixed Use on approximately 17.485 acres. Project Location: The property is located between Arnold and Graf Streets and east of South 19th Avenue. The property is legally described as Lots 2, 3, 4, and portions of Lot 1 Minor Subdivision #494 located in the Northwest One-Quarter (NW ¼) and the Southwest One-Quarter (SW ¼) of Section 24, Township Two-South (T2S), Range Five-East (R5E), P.M.M., City of Bozeman, Gallatin County, Montana. Recommendation: Does not meet standards for approval with contingencies Community Development Board Motion: Having reviewed and considered the application materials, public comment, and all information presented, I hereby move to adopt the findings presented in the staff report and recommend the City Commission deny the growth policy amendment application 23063. City Commission Recommended Motion: Having reviewed and considered the application materials, public comment, Community Development Board recommendation, and all the information presented, I hereby move to adopt the findings presented in the staff report and to deny Application 23063 the SRX North Growth Policy Amendment. Report: January 18, 2024 Staff Contact: Tom Rogers, Senior Planner Agenda Item Type: Action – Legislative EXECUTIVE SUMMARY Unresolved Issues No unresolved issues have been identified at this time. 72 23063, Staff Report for the SRX North Growth Policy Amendment (GPA) Page 2 of 25 Project Summary The City received an application to modify the Bozeman Community Plan 2020 Future Land Use map from Urban Neighborhood to Community Commercial Mixed Use. The request stems from the associated application to rezone the subject property from lower density residential to B-2M (Community Commercial Mixed), see application 23059. The B-2M zoning district is not an implementing district for the Urban Neighborhood future land use designation and therefore, must be changed before the property can be zoned B-2M. If the governing body does not approve the Growth Policy Amendment application, the rezoning application is moot. No change to the text or the plan is proposed. The city prepares the growth policy based on best available information at the time. As new information becomes available it is appropriate to consider possible amendments. An application for an amendment to the future land use map of the Bozeman Community Plan 2020 has been submitted by the landowner. The applicant proposed modifying the future land use designation from Urban Neighborhood to Community Commercial Mixed Use. The owners, “…believe that a change in future land use designation; and a possible zoning change, will assist in the creation of a desperately needed commercial node on the south side of Bozeman and create a new vision for the property”. The Bozeman Community Plan 2020 and the associated Future Land Use Map is the fundamental building block for many future development decisions including zoning, community character, intensity, density, parking, and other aspects. Changes to the plan are infrequent and are reviewed with gravitas. Considerable development is occurring around the subject property including the Nexus Point and Graf apartments across 19th Street to the west, the South University District to the north, South Range Crossing on the south, Allison Subdivision to the east, and others. Discussion and criteria for deciding on this growth policy application are limited to those in this report. Other elements of the future development will be addressed separately in the future. Application materials are available through the City’s website. No public comment has been received as of the writing of this report. Community Development Board Summary The Community Development Board in their capacity as the Planning Board is scheduled to consider the application on January 22, 2024. Upon completion of their review and recommendation a summary will be presented to the City Commission based on the record presented. 73 23063, Staff Report for the SRX North Growth Policy Amendment (GPA) Page 3 of 25 Alternatives 1. Do not approve the application findings of non-compliance with the applicable criteria contained within the staff report, 2. Approve the application by adopting the Applicant findings, 3. Approve the application with modifications to the recommended contingencies, or 4. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. TABLE OF CONTENTS EXECUTIVE SUMMARY ........................................................................................................... 1 Unresolved Issues ............................................................................................................... 1 Project Summary ................................................................................................................. 2 Community Development Board Summary........................................................................ 2 Alternatives ......................................................................................................................... 3 SECTION 1 - MAP SERIES........................................................................................................ 4 SECTION 2 - CONTINGENCIES OF APPROVAL .................................................................... 10 SECTION 3 - RECOMMENDATIONS AND FUTURE ACTIONS ............................................. 10 SECTION 4 - STAFF ANALYSIS AND FINDINGS .................................................................. 11 APPENDIX A - PROJECT SITE ZONING AND GROWTH POLICY ......................................... 22 APPENDIX B - NOTICING AND PUBLIC COMMENT ............................................................ 25 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF .................................... 25 74 Page 4 of 25 SECTION 1 - MAP SERIES Map 1: Location Map 75 23063, Staff Report for the SRX North Growth Policy Amendment (GPA) Page 5 of 25 Map 2: View of existing area Future Land Use Map designations, Bozeman Community Plan 2020 76 23063, Staff Report for the SRX North Growth Policy Amendment (GPA) Page 6 of 25 Map 3: View of existing area Future Land Use Map designations, Bozeman Community Plan 2020 77 23063, Staff Report for the SRX North Growth Policy Amendment (GPA) Page 7 of 25 Map 4: Current zoning 78 23063, Staff Report for the SRX North Growth Policy Amendment (GPA) Page 8 of 25 Map 5: Current zoning 79 23063, Staff Report for the SRX North Growth Policy Amendment (GPA) Page 9 of 25 Map 6 - Application Exhibit 80 Page 10 of 25 SECTION 2 - CONTINGENCIES OF APPROVAL If the City Commission approves the application, the following contingencies are recommended. Please note that these contingencies are necessary for the City to complete the processing of the proposed amendment. Recommended Contingencies: 1) The applicant shall submit, within forty-five (45) days of approval by the City Commission, an 8½ x 11-inch or 8½ x 14-inch exhibit titled “SRX North Growth Policy Amendment” and PDF file to the Department of Community Development containing an accurate description of the property for which the growth policy designation is being amended. The exhibit must be acceptable to the Department of Community Development. 2) The resolution for the growth policy amendment shall not be drafted until the applicant provides an exhibit of the entire area to be re-designated, which will be utilized in the preparation of the resolution to officially amend the Future Land Use Map of the Bozeman Community Plan 2020. SECTION 3 - RECOMMENDATIONS AND FUTURE ACTIONS Having considered the criteria established for a growth policy map amendment, Staff recommends denial for the application as submitted, with detailed analysis provided in Section 4 below. The Development Review Committee (DRC) considered the amendment on May 31, 2023, and finds no limitations on approval. This determination means the city’s utility and infrastructure plan anticipated capacities can adequately accommodate any proposed use for either the Urban Neighborhood or Community Commercial Mixed Use future land use designation. The Community Development Board in their capacity as the Planning Board will hold a public hearing on January 22, 2024, to make a recommendation to the City Commission for the growth policy map amendment. After consideration of all materials and matters they recommended approval or disapproval of the amendment. The hearing begins at 6:00 p.m. Meetings will be held in the location and manner identified on the meeting agenda. The City Commission will hold a public hearing on the growth policy map amendment on February 6, 2024. The hearing begins at 6:00 p.m. Meetings will be held in the location and manner identified on the meeting agenda. 81 23063, Staff Report for the SRX North Growth Policy Amendment (GPA) Page 11 of 25 SECTION 4 - STAFF ANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis in this report is a summary of the completed review. In considering applications for approval under this title, the advisory boards and City Commission must consider the following criteria. As an amendment is a legislative action, the Commission has broad latitude to determine a policy direction. The burden of proof that the application should be approved lies with the applicant. See the application materials for the applicant’s response to criteria and arguments in favor of approval. To reach a favorable decision on the proposed application the City Commission must find that the application meets all of criteria 1-4 of Chapter 5| Plan Amendments, Review Triggers Amendments, and Amendment Criteria, page 67, Bozeman Community Plan 2020. In making these findings, they may identify that there are some negative elements within the specific criteria with the final balance being a positive outcome for approval. When an amendment to either the text of the Plan or the future land use map is requested it must be reviewed against the criteria cited herein and listed below: 1. The proposed amendment must cure a deficiency in the growth policy or improve the growth policy to better respond to the needs of the general community; 2. The proposed amendment does not create inconsistencies within the growth policy, either between the goals and the maps or between different goals and objectives; 3. The proposed amendment must be consistent with the overall intent of the growth policy; and 4. The proposed amendment may must not adversely affect the community as a whole or any significant portion thereof by: a. Significantly altering land use patterns and principles in a manner contrary to those established by this Plan, b. Requiring unmitigated improvements to streets, water, sewer, or other public facilities or services, thereby impacting development of other lands, c. Adversely impacting existing uses because of inadequately mitigated impacts on facilities or services, or d. Negatively affecting the health and safety of the residents. 82 23063, Staff Report for the SRX North Growth Policy Amendment (GPA) Page 12 of 25 1. The proposed amendment must cure a deficiency in the growth policy or improve the growth policy to better respond to the needs of the general community; Criterion not met. This criterion contains two alternate parts. A favorable finding for either part supports a positive finding. The time horizon for the BCP2020 is 20 years and the future land use map and other elements such as the city’s facility plans extend further into the future. In the words of John Heywood, “Rome wasn’t built in a day, but they were laying bricks every hour.” The plan is the city’s fundamental land-use planning document that helps the Commission determine how and where to apply limited resources in the most impactful and financially sustainable manner. The applicant argues the goals and policies of the BCP2020 have not been achieved and the proposed amendment will solve, in part, the purported fault in the plan. Staff believes this conclusion is premature. Implementation of the plan is in its infancy, much less complete and had time to come to fruition. For example, the primary implementation tool is the Unified Development Code. An update to the code by the city is currently underway and is in a community outreach phase. The BCP2020 lists seven themes that describe the vision of the city with numerous goals and objectives designed to achieve the outcome. There is often tension between some of the goals and objectives and importance of a given goal may change over time. And, perhaps most important, these goals and objectives are dependent on one another. A key responsibility of the City Commission in implementing the BCP2020 is balancing the competing priorities that the plan must address. That balance may be adjusted over time as one issue takes greater importance. The Future Land Use Map (FLUM) for the Planning Area is an indispensable part of this Plan. It utilizes ten land use categories to illustrate and guide the intent, type of use, density, and intensity of future development. The map does not always represent existing uses but does reflect the uses that are desired. The subject area has been designated for urban density residential use since at least the adoption of the 1990 Growth Policy and shows areas for commercial development just north and south of the subject property. As shown on Map 2 and 3, commercial nodes are identified at the corners of South 19th and Stucky and Blackwood Roads totaling 327 acres. The 160-acre Community Commercial Mixed Use property on the southwest corner of Blackwood Road and South 19th Avenue is not annexed. The Commercial Mixed-Use property on the northwest corner of Stucky Road and South 19th is annexed, and development has begun. The Plan addressed the need for additional commercial land on the southwest side of the city. 83 23063, Staff Report for the SRX North Growth Policy Amendment (GPA) Page 13 of 25 The southwest side of the city has been slow to develop compared to other parts of the city, although that is changing. The first substantial development was the Meadow Creek subdivision. The property was annexed in 2006. A substantial sewer upgrade was required for the site to develop. Similarly, there are infrastructure challenges to develop the property south of Blackwood Road and west of South 19th due to water pressure. This issue is identified in the Capital Improvement Plan (CIP) but not scheduled for upgrades. In terms of whether the current proposal better responds to the needs of the general community and/or improves the growth policy, one primary question arises: Would the new designation and associated land uses better respond to the needs of the general community and/or improve the growth policy? The applicant states the proposed modification to the FLUM responds to community needs by altering the designation from Urban Neighborhood to Community Commercial Mixed Use. A variety of zoning districts are used to implement these designations. The descriptions of the existing and requested future land use map designations follow. 1. URBAN NEIGHBORHOOD (UN) The category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single type of housing are discouraged. in limited instances, an area may develop at a lower gross density due to site constraints and/or natural features such as floodplains or steep slopes. Complementary uses such as parks, home-based occupations, fire stations, churches, schools, and some neighborhood-serving commerce provide activity centers for community gathering and services. The Urban Neighborhood designation indicates that development is expected to occur within municipal boundaries. This may require annexation prior to development. Applying a zoning district to specific parcels sets the required and allowed density. Higher density residential areas are encouraged to be, but are not required or restricted to, proximity to commercial mixed-use areas to facilitate the provision of services and employment opportunities without requiring the use of a car. 5. COMMUNITY COMMERCIAL MIXED USE (CCMU) The Community Commercial Mixed-Use category promotes commercial areas necessary for economic health and vibrancy. This includes professional and personal services, retail, education, health services, offices, public administration, and tourism establishments. Density is expected to be higher than it is currently in most commercial areas in Bozeman and should include multi-story buildings. Residences on upper floors, in appropriate circumstances, are encouraged. The urban character 84 23063, Staff Report for the SRX North Growth Policy Amendment (GPA) Page 14 of 25 expected in this designation includes urban streetscapes, plazas, outdoor seating, public art, and hardscaped open space and park amenities. High density residential areas are expected in close proximity. Developments in this land use area should be located on one or two quadrants of intersections of the arterial and/or collector streets and integrated with transit and non-automotive routes. Due to past development patterns, there are also areas along major streets where this category is organized as a corridor rather than a center. Although a broad range of uses may be appropriate in both types of locations, the size and scale is to be smaller within the local service areas. Building and site designs made to support easy reuse of the building and site over time is important. Mixed use areas should be developed in an integrated, pedestrian friendly manner and should not be overly dominated by any single use. Higher intensity uses are encouraged in the core of the area or adjacent to significant streets and intersections. Building height or other methods of transition may be required for compatibility with adjacent development. Smaller neighborhood scale areas are intended to provide local service to an area of approximately one half-mile to one mile radius as well as passersby. These smaller centers support and help give identity to neighborhoods by providing a visible and distinct focal point as well as employment and services. Densities of nearby homes needed to support this scale are an average of 14 to 22 dwellings per net acre. The term “neighborhood commercial” is often cited by the applicant as a desirable outcome. Commercial development is generally characterized as neighborhood, community, regional, or corridor commercial development. Neighborhood commercial would be smaller in scale and provides daily convenience goods and services easily accessible to the residents of the immediate area. Neighborhood commercial areas might contain a grocery store, bakery, neighborhood restaurant, drug store, gas station and convenience store, daycare, or some office space. For comparison: 1) COSTCO site 16 acres 2) Target 10 acres 3) Whole Foods 4 acres 4) Safeway 5.5 acres 5) Town & Country east (the old Heebs) 2.1 acres 6) The MSU College Street B-1 (Neighborhood Commercial) area that includes four restaurants, two convenience stores, a grocery store, two coffee shops, and several personal service businesses. 4.25 acres 85 23063, Staff Report for the SRX North Growth Policy Amendment (GPA) Page 15 of 25 Given the size of this site at 17.485 acres, neighborhood-scale commercial development is unlikely. The College Street commercial area may be the best example of a neighborhood commercial area of those listed above. This area is accessible by residents in the vicinity without a car and provides goods and services that most people can reasonably carry a short distance. In addition, a primary determiner of a neighborhood commercial area is: “whether it feel safe and inviting for all modes of travel?” Crossing arterial and/or collector type streets can be difficult for many individuals. Any decision to alter the future land use must be made knowing what zoning districts implement that designation. In this case a wide variety of zoning districts are used to implement the CCMU designation. The existing UR designation focuses on residential use and if zoned REMU allows considerable commercial and office activities but at a smaller more residential orientated scale. The CCMU designation is commercial in character. While residential uses are permitted by right, the mass and scale of development promotes commercial areas necessary for economic health and vibrancy including such activities as professional and personal services, retail, education, health services, offices, public administration, and tourism establishments. Developments in this land use area should be located on one or two quadrants of intersections of the arterial and/or collector streets and integrated with transit and non- automotive routes. As the applicant states the property is located on major streets. 86 23063, Staff Report for the SRX North Growth Policy Amendment (GPA) Page 16 of 25 The city is cognizant of creating long strips of commercial corridors and is reflected in a strategic location of commercial areas in FLUM. The Plan balances numerous goals and objectives that encourage economic sustainability, minimize impacts on the environment, and further other adopted plans such as the Community housing Action Plan, Climate Plan, Parks, Recreation and Active Transportation Plan, and others. Locating commercial property is complex and beyond the scope of this report. However, the city has examined the amount needed and generally considered the most appropriate locations to serve the city needs. These locations are based on anticipated residential development, transportation corridors, existing commercial areas, adopted infrastructure plans and conformance with the community plan. There are appropriate locations for commercial nodes and corridors. The BCP2020 partially addresses this topic in the description of the CCMU stating that, “Due to past development patterns, there are also areas along major streets where this category is organized as a corridor rather than a center.” If approved, the proposed amendment would extend the existing commercial area towards planned commercial area further to the south. Rather than creating a corridor by past developments this may create a commercial corridor extending south from Lincoln Street. Population density is necessary to support neighborhood and community commercial areas. As noted in the BCP2020 the city desires simultaneous emergence of residential and commercial activity. Sufficient density of population is needed to make commercial activity viable if not dependent on the vehicle. As noted above, the area is rapidly developing and includes developments such as Nexus Point and Graf Street apartments, among others. The area is experiencing considerable residential development with more in the works. Chapter 1 | Basics, Basic Planning Precepts of the BCP discusses the principals the City used to prepare the policies, goals, objectives, land use designations, and future land use map in this Plan. See page 20. Most of these precepts relate to this and all map amendments. Five of them stand out in relation to this application. These are overarching precepts above any one or several specific goals or actions. ▪ Variety in housing and employment opportunities are essential. ▪ Land use designations must respond to a broad range of factors, including infrastructure, natural, and economic constraints, other community priorities, and expectations of all affected parties concerning private development. ▪ Infill development and redevelopment should be prioritized, but incremental compact outward growth is a necessary part of the City’s growth. ▪ The needs of new and existing development coexist, and they should remain in balance; neither should overwhelm the other. 87 23063, Staff Report for the SRX North Growth Policy Amendment (GPA) Page 17 of 25 ▪ The City intends to create a healthy, safe, resilient, and sustainable community by incorporating a holistic approach to the design, construction, and operation of buildings, neighborhoods, and the City as a whole. Developments should contribute to these goals and be integrated into their neighborhood and the larger community. The proposed FLUM change both furthers and hinders a variety of Community Plan goals and objectives when analyzed through the lens of responding to the needs of the general community. The applicant lists numerous goals and objectives the application furthers. While a number of these may be furthered by the change, there is limited analysis to support these statements. When considering this application staff leans on the existence of significant commercial areas in the immediate vicinity, relatively low density of housing in the area to support corridor type commercial development, the critical need for a variety of housing, the physical barriers for multi-modal transportation to the site, and the BCP2020 shows suitable commercial nodes in the future land use map. Relevant goals and objectives to this application include the following: Goal N-3: Promote a diverse supply of quality housing units. N-3.6 Include adequate residentially designated areas for anticipated future housing in the future land use map. Discussion: The FLUM designation is Urban Neighborhood. This category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. According to the Community Housing Needs Assessment, 2019 [External PDF] housing is in short supply and is a focus of the city. Although Bozeman’s commercial zones allow residential use by right, inclusion of residential is not required. Additionally, the commercial zones are not necessarily conducive for creating neighborhoods and a sense of place the BCP2020 desires. Goal DCD-2: Encourage growth throughout the City, while enhancing the pattern of community development oriented on centers of employment and activity. Support an increase in development intensity within developed areas. DCD-2.2 Support higher density development along main corridors and at high visibility street corners to accommodate population growth and support businesses. Discussion: The FLUM designation is Urban Neighborhood. This category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. The 88 23063, Staff Report for the SRX North Growth Policy Amendment (GPA) Page 18 of 25 Urban Neighborhood designation higher density development along main corridors and at high visibility street corners to accommodate population growth and support businesses. For example: ▪ R-4. The intent of the R-4 residential high-density district is to provide for high-density residential development through a variety of housing types within the city with associated service functions. ▪ R-5. The intent of the R-5 residential mixed-use high-density district is to provide for high-density residential development through a variety of compatible housing types and residentially supportive commercial uses in a geographically compact, walkable area to serve the varying needs of the community's resident. ▪ REMU. The intent and purpose of the REMU district is to establish areas within Bozeman that are mixed-use in character and to provide options for a variety of housing, employment, retail and neighborhood service opportunities within a new or existing neighborhood. The city has prioritized housing construction. The city also encourages vertical mix of uses which furthers other goals and objectives including transportation, economic vitality, climate action, and a sense of community. Permitted zoning classifications that implement the Urban Neighborhood future land use designation allow vertical integration of use at urban densities that build on existing neighborhoods and support planned commercial nodes in the area. Extending the existing commercial nodes to a corridor may undermine the viability of other adjacent commercial areas. DCD-2.5 Identify and zone appropriate locations for neighborhood-scale commercial development. Rationale: The Future Land Use map depicts area designated for all types of city functions. The current plan shows the location for anticipated commercial development that are in concert with the existing infrastructure to support such activities. As noted above there are approximately 327 acres of land in the immediate vicinity designated for commercial development. While some properties are developed and some are not, the plan anticipates the long term needs of the city by creating the framework to accommodate needs as they evolve over time. The city plans for longer than the current use. However, community needs do change, and the market responds. As noted by the applicant, the argument can be made that this area is better suited for commercial development. The discussion above suggests “neighborhood commercial” flourishes in a different context of being more imbedded in residential neighborhoods, does not 89 23063, Staff Report for the SRX North Growth Policy Amendment (GPA) Page 19 of 25 have major impediments for all users to access, and size of development tends to be constrained. As shown in the Maps section, a diverse tapestry of mixed-use, residential, and commercial areas are immediately adjacent to the subject property. Some areas are developed and others are not. According to the Demographic and Real Estate Market Assessment, 2018 [External PDF] (EPS) report and the Bozeman 2023 Economic and Market Update [External PDF], Bozeman has an excess of commercially zoned lands for current needs. According to the BCP2020 FLUM there are two large commercially designated areas within one-half mile of the subject property that include approximately 327 acres of Community Commercial Mixed Use lands. See section two: maps. Underutilized commercially designated areas already exist in immediate vicinity. Conversion of additional lands from UN to CCMU may exacerbate this fact. There are large swaths of undeveloped and underdeveloped residential and commercial areas in the vicinity. The city is focused on generating housing for its residents. To ensure adequate land for residential development, a land swap concept may be appropriate to potentially exchange location of equal areas of different uses. The BCP2020 does not contemplate such a scheme currently. Based on the analysis discussed above, staff is not convinced the application corrects a fundamental flaw. However, based on the record the Commission may come to an alternative conclusion. There is an associated zone map amendment, see application 23059 requesting B-2M zoning for the subject property. If the Commission determines the applicant did not overcome their burden of proof showing the amendment cures a deficiency in the growth policy or improves the growth policy to better respond to the needs of the general community, the zone map amendment is moot. On the other hand, if the Commission finds that this condition is met, the zone map amendment may be considered. 2. The proposed amendment does not create inconsistencies within the growth policy, either between the goals and the maps or between different goals and objectives. Criterion met. Staff reviewed the growth policy goals and objective and future land use map. The proposed amendment does not create any identified significant inconsistencies within the growth policy goals or between goals and maps. See discussion for Criterion 1. However, there is concern and an acknowledgment that removing residential land from the inventory and replacing with commercial land 90 23063, Staff Report for the SRX North Growth Policy Amendment (GPA) Page 20 of 25 may, depending on how the city develops, be contrary to some goals and policies of the BCP2020. All future development must demonstrate compliance with all regulatory standards addressing transportation, parks, building design, and all other standards. The standards have been crafted and adopted to implement the goals and objectives of the growth policy. Therefore, compliance with the standards will ensure this criterion is met. Properties to the west and east are designated as residential areas. Properties to the north are designated as mixed-use and commercial while lands directly to the south residential. Bozeman’s zoning districts are dynamic and generally allow a variety of uses both horizontally and vertically which, depending on the building’s configuration can be viewed as a positive or negative depending on one’s perspective. 3. The proposed amendment must be consistent with the overall intent of the growth policy. Neutral. The overall intent of the growth policy is to proactively and creatively address issues of development and change while protecting public health, safety and welfare (page 20). If approved, the proposed amendment to the future land use map will allow the site to be considered for future applications that, if approved, would allow development or further development of the site. The growth policy discusses the primary issue of “Does the City Have to Grow” and the subsequent equation, if so how, see pages 12 – 15 Bozeman Community Plan 2020. This discussion illustrates, in part, why this application is both consistent and not consistent with the overall intent of the plan. Specific goals and objectives found in Chapter 2 further this statement. The City supports development within its boundaries where municipal services can be effectively and efficiently provided. The property has been annexed and the Development Review Committee considered the application and did not find infrastructure constraints that cannot be addressed through further development review. The BCP2020 in several themes encourages infill and densification of area already served with utilities. Utilities and transportation are available and being extended into the site. The change, if approved, will facilitate placement of substantial employment near increasing residential development and is adjacent to existing arterial and collector streets. The priorities found in the BCP2020 must be balanced by evolving community needs and market forces. 91 23063, Staff Report for the SRX North Growth Policy Amendment (GPA) Page 21 of 25 4. The proposed amendment will not adversely affect the community as a whole or significant portion thereof by: a) Significantly altering land use patterns and principles in a manner contrary to those established by this Plan, Criterion Met. The proposed map amendment is for a modest sized area and does not significantly alter land use patterns from those established by the plan for the city as a whole. The existing land use designation is Urban Neighborhood, and the proposed land use designation is Community Commercial Mixed Use. The former is primarily residential and the latter commercial although both allow a diverse use and allow for intensive development. As shown in the maps section, the property is surrounded by other Urban Residential area, it is not uncommon to have islands of different categories in this scale. Although there is a change in designation, Staff finds the change will not significantly alter the land use pattern contrary to the Bozeman Community Plan. As discussed in Criterion 1, the proposed amendment advances some goals and principles and hinders others, although is not contrary to the growth policy. b) Requiring unmitigated improvements to streets, water, sewer, or other public facilities or services, thereby impacting development of other lands, No negative impacts to other lands or the community are anticipated as a result of the proposed growth policy amendment. The site is located within the service boundary for municipal infrastructure and all city services are constructed and directly adjacent to the subject property. Prior to development, additional review is required. Adopted city standards will ensure essential transportation, water, sewer, and communication utilities within the site. The proposed change in future land use designation does not alter the essential layout of municipal services. The property is adjacent to arterial and collector streets. No unusual impacts on infrastructure are expected. c) Adversely impact existing uses because of inadequately mitigated impacts on facilities and services, No adverse impacts have been identified at this time. The DRC considered impacts of both outcomes and found no limitations that cannot be addressed with further 92 23063, Staff Report for the SRX North Growth Policy Amendment (GPA) Page 22 of 25 review. Additional review will occur during site development and mitigation of any potentially adverse impacts will be addressed at that time, as required by municipal code. This approach enables mitigation to be proportionate to the proposed development as required by law. The applicant provided analysis for the new uses which indicate that municipal services are not materially impacted by the potential change. d) Negatively affecting the health and safety of the residents. The change from Urban Neighborhood to Commercial development will change the character of the site. However, both development types generate traffic, noise, and other impacts inherent in the presence of people. These changes will affect adjacent residents positively and negatively. These changes will occur regardless of the land use designation. What may be different is the scope of the changes. Designation of this site as Community Commercial Mixed Use, if approved, will provide more opportunity for commercial uses on the property while still allowing residential uses. The exact mix and nature will be influenced by the future decision of an implementing zoning district. If the project is designed appropriately, it can remain compatible with surrounding land uses and should not negatively affect the livability of the area or the health and safety of residents. The land use change would allow for additional opportunity for a mixed-use neighborhood with conveniently located commercial uses and employment opportunities to meet the expanding demands of the new neighborhood and growing surrounding neighborhoods in an area that is appropriate and compatible for such uses. The standards for mitigating development impacts contained in Chapter 38 of the municipal code remain in place for either designation. These have been adopted to protect health and safety and also to protect livability of the community. Therefore, staff does not find any negative affects to this criterion. APPENDIX A - PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The property is inside Bozeman city limits and is zoned low and moderate density residential (R-1 and R-2). There is an associated zone map amendment to change the eastern half of the property to REMU and the subject property of this GPA to B-2M, see application 23059. These zoning districts are consistent with the existing Urban Neighborhood future land use designation. If the Commission approves the GPA then the R-1 and R-2 zoning would not be. 93 23063, Staff Report for the SRX North Growth Policy Amendment (GPA) Page 23 of 25 Adopted Growth Policy Designations: The following designations are applicable to this application. Existing designation: URBAN NEIGHBORHOOD. The category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single type of housing are discouraged. in limited instances, an area may develop at a lower gross density due to site constraints and/or natural features such as floodplains or steep slopes. Complementary uses such as parks, home-based occupations, fire stations, churches, schools, and some neighborhood-serving commerce provide activity centers for community gathering and services. The Urban Neighborhood designation indicates that development is expected to occur within municipal boundaries. This may require annexation prior to development. Applying a zoning district to specific parcels sets the required and allowed density. Higher density residential areas are encouraged to be, but are not required or restricted to, proximity to commercial mixed-use areas to facilitate the provision of services and employment opportunities without requiring the use of a car. Proposed Designation: COMMUNITY COMMERCIAL MIXED USE The Community Commercial Mixed Use category promotes commercial areas necessary for economic health and vibrancy. This includes professional and personal services, retail, education, health services, offices, public administration, and tourism establishments. Density is expected to be higher than it is currently in most commercial areas in Bozeman and should include multi-story buildings. Residences on upper floors, in appropriate circumstances, are encouraged. The urban character expected in this designation includes urban streetscapes, plazas, outdoor seating, public art, and hardscaped open space and park amenities. High density residential areas are expected in close proximity. Developments in this land use area should be located on one or two quadrants of intersections of the arterial and/or collector streets and integrated with transit and non-automotive routes. Due to past development patterns, there are also areas along major streets where this category is organized as a corridor rather than a center. Although a broad range of uses may be appropriate in both types of locations, the size and scale is to be smaller within the local service areas. Building and site designs made to support easy reuse of the building and site over time is important. Mixed use areas should be developed in an integrated, pedestrian friendly manner and should not be overly dominated by any single use. Higher intensity uses are encouraged in the core of the area or adjacent to significant streets and intersections. Building height 94 23063, Staff Report for the SRX North Growth Policy Amendment (GPA) Page 24 of 25 or other methods of transition may be required for compatibility with adjacent development. Smaller neighborhood scale areas are intended to provide local service to an area of approximately one half-mile to one mile radius as well as passersby. These smaller centers support and help give identity to neighborhoods by providing a visible and distinct focal point as well as employment and services. Densities of nearby homes needed to support this scale are an average of 14 to 22 dwellings per net acre. Zoning Correlation with Land Use Categories 95 23063, Staff Report for the SRX North Growth Policy Amendment (GPA) Page 25 of 25 APPENDIX B - NOTICING AND PUBLIC COMMENT Notice was sent via US first class mail to the owners of the subject property and all owners of property located within 200 feet of the perimeter of the site. The project site was posted with a copy of the notice on site. The notice was published in the Legal Ads section of the Bozeman Daily Chronicle on November 20, 2023, November 27, 2023. The Planning Board public hearing is scheduled for Monday, January 22, 2024. No public comment has been received as of the production of this report. The City Commission is scheduled and advertised to conduct a public hearing on the application on Tuesday, February 6, 2024. No written public comments have been received regarding this project at this time. APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF Owner: Gilhousen Community Property TR DTD 3/30, PO Box 11462, Bozeman MT 59719 Applicant: Providence Development, PO Box 4082, Bozeman, MT 59715 Report By: Tom Rogers, AICP, Senior Planner FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this growth policy amendment. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Application materials are available through the City’s website. 96 18S18S18S18S18S18S18S18S18S18S18S18S18S24W24W24W24W24W24W24W24W24W24W24W24W12W 12W 12W SD SD SD SD SD SD SD 18S18S10W 10W 10W 10W 10W 10W 10W 10W 10W 10W 10W 10W 10W 10S 10S 10S 10S 10S 10S 10S 18SD18SDS SS S S S 30SD30SDR=300.00' L=136.99' Δ=26°09'45" CB=S76°00'20"W CH=135.80' R=300.00' L=141.03' Δ=26°56'07" CB=S76°23'31"W CH=139.74' S89°05'06"W 1050.03'S0°09'06"E 1225.02'N0°42'18"W 1293.56'N89°23'18"E 1360.23' S89°05'06"W 30.00'N0°36'42"W1290.44'588.47'461.56' 590.57'769.66' ©COPYRIGHT MORRISON-MAIERLE, INC., SHEET NUMBER PROJECT NO.DRAWN BY: FLD WK. BY: CHK. BY: DATE: 2023 Plotted by matt e. ekstrom on May/3/2023N:\5659\018 Providence - ZMA Blk 1 MS 494\ACAD\Exhibits\5659018-GROWTH POLICY - SRX North 042423.dwgGROWTH POLICY AMENDMENT BOZEMAN MONTANA 5659.018 EX-1 JCW JCW MEE 05/2023engineers surveyors planners scientists MorrisonMaierle 2880 Technology Blvd West Bozeman, MT 59718 Phone: 406.587.0721 www.m-m.net 200SOUTH 19TH AVENUE2023 NE CORNER SOUTH 19th AVENUE & GRAF STREET GROWTH POLICY MAP AMENDMENT GROWTH POLICY AMENDMENT SUMMARY TOTAL ZONE AREA: LEGAL DESCRIPTION 39.86 acres GRAF STREET YELL O W S T O N E T H E O L O G I C A L INSTI T U T E M I N O R S U B 4 9 4 LOT 1, B L O C K 1 - 1 5. 0 6 9 A C LOT 2MINORSUB 235ALLI S O N S U B PHASE 4 A, L O T 1PLAT J-702ABOZE M A N COMM U NI T Y P L A N FUTU R E L A N D U S E: RESID E N T I A L MIXED U S E BOZEM A N C O M M U NI T Y PLAN F U T U R E L A N D USE: U R B A N NEIGH B O R H O O D COMMUNITY COMMERCIAL MIXED USE A Tract of land in the SW1/4 NW1/4 of Section 24, Township 2 South, Range 5 East, P.M.M, City of Bozeman, Gallatin County, Montana, being more fully described as follows: Beginning at the N 1/16th corner of section 24 and being the Point of Beginning; thence N.89°23'18" E. for a distance of 590.57 feet; thence S.0°36'42" E. for a distance of 1290.44 feet; thence S.89°05'06"W. for a distance of 588.47 feet to the section line common to sections 23 and 24; thence N.0°42'18" W. along said section line for a distance of 1293.56 feet to the Point of Beginning.SOUTH 15TH AVEREMU ZONING:22.378 acres POINT OF BEGINNING EXITI N G Z O NI N G: R- 1 & R - 2 LOT 3, B L O C K 1 7.644 A C LOT 4, B L O C K 1 10.51 9 A C LOT 2, B L O C K 1.826 A C COMM O N O P E N SPAC E ALLIS O N S U B PHAS E 4 A, L OT 2PLAT J-702ALOT 1MIN OR SUB 235BLOT 1, BLOCK 3SOUTHUNI V E RSI T Y DISTRICT PH 3PLAT J-695CITY PARK 3SOUT H UNIVERSITYDISTRICT PH-3PLAT J-695 ARNOLD STREET 14TH AVENUEYELL O W S T O N E T H E O L O GI C A L INSTIT U T E MI N O R S U B 4 9 4 LOT 1, B L O C K 2 TRACT AMINORSUB 235ALOT 3MIN O R SUB 235ABOZE M A N C O M M U NI T Y PLAN F U T U R E L A N D USE: U R B A N NEIGH B O R H O O D BOZE M A N C O M M U N I T Y PLAN F U T U R E L A N D USE: U R B A N NEIGH B O R H O O D BOZE M A N C O M M U N I T Y PLAN F U T U R E L A N D USE: U R B A N NEIG H B O R H O O D BOZEM A N C O M M U N I T Y PLAN F U T U R E L A N D USE: U R B A N NEIGH B O R H O O D ALLISON SUBPHASE 4A, LOT 1PLAT J-702 A B2-M:17.485 acresPROPOSE D G R O WT H P O LI C Y COM M U NIT Y C O M M E R CI AL MIXE D US E GPA BOUNDARY 97 South Range Crossing North Growth Policy Amendment May 2023 98 South Range Crossing North | GPA May 2023 | 2 Table of Contents Narrative I. Project Overview II. Response to Growth Policy Amendment Checklist Appendices Appendix A: Vicinity Map Appendix B: Existing Future Land Use Map Appendix C: Proposed Future Land Use Map Appendix D: Current Zoning Map Appendix E: Future Land Use Map Editable Legal Description Appendix G: Exising Plat 99 South Range Crossing North | GPA May 2023 | 3 Owner & Applicant: Providence Development Company, LLC Attn: Parker Lange 529 East Main Street Bozeman, MT 59715 Ph: 406-595-4560 Email: plange@providencedevco.com Representative: Intrinsik Architecture, Inc Attn: Tyler Steinway 106 East Babcock Street, Suite 1A Bozeman, MT 59715 Ph: 406-582-8988 Email: tsteinway@intrinsikarchitecture.com Engineering: Morrison – Maierle Attn: Matt Ekstrom 2880 Technology Blvd W Bozeman, MT 59718 Ph: 406-922-6784 Email: mekstrom@m-m.net 100 South Range Crossing North | GPA May 2023 | 4 I. Project Overview The project team is requesting a Growth Policy Amendment for western 17.485 acres of land and a Zone Map Amendment for the whole property (39.86 AC) located at the corner of South 19th Ave. and W Graf St. The subject property (the “Property” or “South Range Crossing North”) currently has a future land use map category of Urban Neighborhood and is zoned a combination of Residential Low Density (R-1) and Residential Moderate Density (R-2). The Growth Policy Amendment (GPA) requests to change the existing Urban Neighborhood designation to Community Commercial Mixed Use for the western 17.485 acres of the property. Concurrently with this application, a Zone Map Amendment has been submitted to change the zoning from R-1 and R-2 to a mix of B-2M and REMU. The overall vision for this property is to assist in the creation of a desperately needed commercial node on the south side of Bozeman. The property is situated at the intersection of two major roadways: South 19th Avenue (Principal Arterial) and Graf Street (Collector). Additionally, this project is centrally located on the south side of Bozeman near a large portion of built and under construction residential projects as well as several schools including Morning Star Elementary, Sacajawea Middle School and Montana State University. This project site is located just east of the South 19th & Graf Apartments, north of South Range Crossing and Alder Creek, and west of the Alison Subdivision. South Range Crossing Blackwood Groves 101 South Range Crossing North | GPA May 2023 | 5 This property was originally annexed and subdivided to be the home to the Yellowstone Theological Institute. The existing R-1 and R-2 zoning, and subdivision layout were (originally) proposed in a way to help promote their goals of creating a theological institute. Significant time has passed since and the R-1 and R-2 zoning aren’t believed to be the highest and best use for this land. This Growth Policy Amendment and Zone Map Amendment demonstrates a new vision for this property, one that aligns with the Bozeman Unified Development Code, Montana Code Annotated and the Bozeman Community Plan. The proposed zoning will allow for a creative neighborhood design that aims to accomplish several goals and themes of the community plan as outlined in our application responses below. II. Response to Growth Policy Amendment Checklist Below are the responses to the GPA criteria that address how the project site relates to and meets the criteria outlined for GPAs. A. Does the proposed amendment cure a deficiency in the growth policy or result in an improved growth policy which better responds to the needs of the general community? How? Yes. In Bozeman’s 2020 Community Plan, it states that a primary goal and strategy guiding growth is to create neighborhoods that “Pursue simultaneous emergence of commercial nodes and residential development through diverse mechanisms in appropriate locations.” Unfortunately, this has not yet been achieved under the 2020 Growth Plan for this southern area of Bozeman. The area south of Kagy lacks any significant commercial services, and certainly lacks anything that would be considered walkable for 102 South Range Crossing North | GPA May 2023 | 6 residents. In addition, existing neighborhoods are largely homogeneous in regard to product type, with single family homes comprising a large portion of the product type in this area. That being said there is a significant portion of multifamily being proposed/built in this area. This has created a wide area of single-family subdivisions that are not dense, and a lifestyle that forces residents to solely rely on motor vehicles to reach amenities and services. Although City staff has recognized this need, this entire property was recently designated as Urban Neighborhood within the City’s 2020 Community Plan. Principles applied within this designation include integrating “urban density homes in a variety of types, shapes, sizes, and intensities.” and a “some neighborhood- serving commerce provide activity centers for community gathering and services.” While this designation is mostly appropriate for this property, amending a portion of the property to the Community Commercial Mixed- Use growth designation will help more Community Plan goals be achieved. Principles applied within this designation include promoting “commercial areas necessary for economic health and vibrancy.” and “located on one or two quadrants of intersections of the arterial and/or collector streets and integrated with transit and non-automotive routes.” To support the Community Plan’s goal of simultaneous emergence of commercial nodes and residential development, the addition of the Community Commercial Mixed-Use growth designation would allow this property to provide a larger commercial node that is both supported by future residents on this property and surrounding properties. Each of these principles are captured within the goals of the Community Commercial Mixed-Use and Urban Neighborhood growth designations and REMU and B-2M zoning designations, which allow the Property and these specific zoning designations to cure an existing deficiency in the 2020 Community Plan for this area of Bozeman. The list below identifies a series of goals and policies that apply to this Growth Policy Amendment. N-1.5 - Encourage neighborhood focal point development with functions, activities, and facilities that can be sustained over time. Maintain standards for placement of community focal points and services within new development. Goal N-2: Pursue simultaneous emergence of commercial nodes and residential development through diverse mechanisms in appropriate locations. N-2.1 Ensure the zoning map identifies locations for neighborhood and community commercial nodes early in the development process. 103 South Range Crossing North | GPA May 2023 | 7 The former Yellowstone Theological Institute site is centrally located on the south side which will create a focal point and potential node along the south side of Bozeman. This area has a significant amount of residential both planned/under construction and already built. By quick estimation there are over 6 thousand units built or in the works. According to the EPA Demographic and Real Estate market Assessment of January 2018 a population size of 6,500 could support 128,000 square feet of commercial area. This site is the best location for the creation of this neighborhood commercial center due to its proximity to dense multi family housing and single household dwellings. Furthermore, it is situated along a principal Arterial and Collector to provide appropriate separation between commercial and residential while ease of access to site from adjacent neighborhoods and all of South Bozeman. Projects in the area – under construction and under review N-2.2 Revise the zoning map to support higher intensity residential districts near schools, services, and transportation. As documented above, this project site is in close proximity to several schools. Additionally, this site is located at the intersection of two high classification roadways. Finally, the multimodal network in this area is rapidly expanding and will be further expanded by any future development. 104 South Range Crossing North | GPA May 2023 | 8 N-2.3 Investigate and encourage development of commerce concurrent with, or soon after, residential development. Actions, staff, and budgetary resources relating to neighborhood commercial develop. There is a significant amount of residential in the area and now is the right time for commercial development to follow. This site is in the best location to achieve this given its access to the existing street network. DCD-1.1 Evaluate alternatives for more intensive development in proximity to high visibility corners, services, and parks. DCD-1.2 Remove regulatory barriers to infill. DCD-1.5 Identify underutilized sites, vacant, and undeveloped sites for possible development or redevelopment, including evaluating possible development incentives. The Yellowstone Theological Institute originally subdivided this site in 2017 but it has largely been undeveloped since then. This Growth Policy and Zone Map Amendment will allow for this vacant site to be developed. DCD-2.2 Support higher density development along main corridors and at high visibility street corners to accommodate population growth and support businesses. DCD-2.5 Identify and zone appropriate locations for neighborhood-scale commercial development. This site being centralized on the south side in addition to being along two major roadways make it the best location for neighborhood-scale commercial development. M-1.1 Prioritize mixed-use land use patterns. Encourage and enable the development of housing, jobs, and services in close proximity to one another. B. Does the proposed amendment create inconsistencies within the growth policy, either between the goals and the map or between goals? Why not? If inconsistencies are identified, then additional changes must be provided to remove inconsistencies. The current plan governing the subject parcel (the 2020 Community Plan) includes a primarily residential designation for the Property. However, the proposed partial 105 South Range Crossing North | GPA May 2023 | 9 Community Commercial Mixed-Use designation is fully consistent with the current City staff’s recommendations as reflected in the Future Land Use Plan as part of the 2020 Community Plan. Importantly, designating this property as Community Commercial Mixed Use aligns with the broader goals of the 2020 Community Plan. C. Is the proposed amendment consistent with the overall intent of the growth policy? How? Yes; the current growth policy includes the Property and designates it as Urban Neighborhood. The Community Plan describes the development of connected residential neighborhoods with access to goods and services entirely consistent with the proposed Community Commercial Mixed-Use designation. One purpose of the 2020 Community Plan is to be “Continuing Bozeman’s character as a unique place rather than ‘Anywhere, USA’.” This goal will not only be preserved in the updated designation, but this project will enhance the character of this community dramatically by establishing a self-sustaining community drawing on assets of the land it is built on and by emphasizing important open space connections that will create a pedestrian-oriented environment with a rich, active public realm. According to the 2020 Community Plan, significant goals of the City are to promote “personal and environmental health, as well as reducing automobile dependency.” and to “encourage increased development intensity in commercial centers and near major employers.” As this southern area of the City has developed around the University, one of the City’s largest employers, it has forced residents to become solely reliant on motor vehicles to access commercial services. By adopting the Community Commercial Mixed-Use designation and incorporating the Property with REMU and B-2M zoning, a walkable, mixed-use, and diverse environment will emerge. Furthermore, please see the list of specific goals and policy this application looks to achieve. D. Does the proposed amendment adversely affect the community as a whole or significant portion by: I. Significantly altering acceptable existing and future land use patterns, as defined in the text and maps of the plan? How does it not? The proposed amendment does not significantly alter the current growth plan expectations or land use patterns. In fact, it supports the expectations carried by the growth plan for increased development intensity near major employers. The Community Commercial Mixed-Use designation for the Property helps to solve a number of goals outlined in the 2020 Community, 106 South Range Crossing North | GPA May 2023 | 10 which were not fully achieved under the prior growth plan. Within the 2020 Community Plan, under its land use goals it states the city supports “policies that maintain and build neighborhoods designed to provide equitable access to amenities and opportunities for all [...]. Mixed neighborhoods can help provide the density of people needed to support nearby commercial activities.” This is exactly what the Community Commercial Mixed-Use designation is attempting to achieve. It seeks to blend with the existing residential neighborhoods while evolving and adapting as the community grows and the community’s desires for walkability and connectivity changes. This vision is expanded upon within the 2020 Community Plan, which states “Encourage growth throughout the City, while enhancing the pattern of community development oriented on centers of employment and activity.” In conjunction with this goal, the 2020 Community Plan goes on to state “Ensure multimodal connectivity within the city.” With Community Commercial Mixed-Use designation and REMU and B-2M zoning, these goals can be achieved by allowing essential commercial uses to be accessible to residents via multiple modes of transport, including walking and biking. The GPA specifically looks to address the need for a commercial mixed-use area. While REMU is an implementing zone in the Urban Neighborhood district the commercial vision of the property cannot be fully achieved with REMU due to the limited total commercial square footage allowed. The offerings aim be neighborhood oriented but also regional in nature which B-2M is needed to achieve those goals. II. Requiring unmitigated larger and more expensive improvements to streets, water, sewer, or other public facilities or services and which, therefore, may impact development of other lands? How does it not? The proposed growth policy amendment will not require larger and more expensive improvements to streets, water, sewer, or other public facilities. The proposed Community Commercial Mixed-Use designation will be adequately served by existing services, and future services as identified in the 2015 Wastewater Facility Plan, 2017 Water Facility Plan, and 2017 Transportation Master Plan. The project will extend City facilities to surrounding properties which will improve the ability of other lands to develop in the future. Furthermore, the street and trail network will be extended on site to help improve the overall connectiveness of this area. III. Adversely impacting existing uses because of unmitigated greater than anticipated impacts on facilities and services? How does it not? 107 South Range Crossing North | GPA May 2023 | 11 Adequate infrastructure and emergency services exist to serve this property. - Education. The Property is anticipated to be within the following school boundaries: Morning Star Elementary School (approximately 1 mile); Sacajawea Middle School (approximately 1 mile away); and the existing Bozeman High School (approximately 2.5 miles). - Fire. Bozeman Fire Station No. 2 on South 19th Avenue is 2 miles from the property (4-minute drive directly along 19th Avenue). The City of Bozeman owns a 2.28-acre parcel at the southwest corner of the Graf Street and South 19th Avenue intersection. It is understood that this parcel will be developed as a future City of Bozeman Fire Station once conditions warrant. This future fire station would be directly adjacent to the subject property. - Water. There is a 24” waterline located in South 19th Avenue and a 12” line located in Graf Street. - Sanitary Sewer. There is an 18” sewer line located in South 19th Avenue and an 8” sewer line located in Graf Street. This property appears to have 2 existing 8” sewer stubs located on South 19th Avenue. - On-Going Development. The Applicant will be required to demonstrate adequate provision of public services, parkland development, natural resource protection and other required improvements as it continues to develop the Property. IV. Negatively affecting the livability of the area of the health and safety of residents? How does it not? The proposed amendment will improve the livability and the health and safety of residents by creating continuity of transportation, open space and land use connections to south Bozeman, as well as providing area residents with retail, commercial and employment services that will reduce the distance of access to these amenities currently experienced by the surrounding neighborhoods. 108 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 February 5, 2024, Community Development Board Meetings. MEETING DATE:January 22, 2024 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:The following project review items are presently scheduled for the February 5, 2024, Community Development Board meeting. 1. Baxter 80 Annexation Zone Map Amendment - Considered in role as Zoning Commission. UNRESOLVED ISSUES:None. ALTERNATIVES:None. FISCAL EFFECTS:None. Report compiled on: January 17, 2024 109