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Home My WebLink About03-18-24 CDB Agenda and Packet MaterialsA. Call to Order - 6:00 pm B. Disclosures C. Changes to the Agenda D. Approval of Minutes D.1 Approval of Minutes(Chase) E. Public Comments THE COMMUNITY DEVELOPMENT BOARD OF BOZEMAN, MONTANA CDB AGENDA Monday, March 18, 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 1 F. Action Items F.1 Growth Policy Amendment Application, Nexus Point GPA to Revise the Future Land Use Map from Urban Neighborhood to Community Commercial Mixed Use on Approximately 1.23 acres. The property is located between Arnold and Graf Streets, west of South 19th Avenue, Application 23205(Rogers) F.2 The Nexus Point Zone Map Amendment Requesting Amendment of the City Zoning Map to Change the Zoning from R-O (Residential Office District) to B-2M (Community Business District Mixed) on 1.23 Acres, Change the Zoning from R-O (Residential Office District) to R-4 (Residential High Density District) on 8.8 Acres, and Change the Zoning from R-O (Residential Office District) to PLI (Public Lands and Institutions) on 1,26 Acres, All Within the Nexus Point Subdivision. The Subject Site is Approximately 11.29 Acres and Located West of South 19th Avenue, North and South of Arnold Street, application 23204.(Cramblet) G. FYI/Discussions G.1 Upcoming Items for the April 1, 2024, Community Development Board Meeting.(Bentley) H. Adjournment 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. 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:Luz Chase & Sam Sagstetter from Community Development SUBJECT:Approval of Minutes MEETING DATE:March 18, 2024 AGENDA ITEM TYPE:Minutes RECOMMENDATION:Approve STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:Minutes included: 02/26/24 July Minutes Included (tech issues resolved): 07/03/23, 07/17/23 UNRESOLVED ISSUES:None ALTERNATIVES:Approve with Corrections FISCAL EFFECTS:None Attachments: 071723 CDB Minutes.pdf 070323 CDB Minutes.pdf 02262024 CDB Minutes.pdf Report compiled on: March 11, 2024 3 Bozeman Community Development Board Meeting Minutes, July 17, 2023 Page 1 of 4 THE COMMUNITY DEVELOPMENT BOARD MEETING OF BOZEMAN, MONTANA MINUTES July 17, 2023 General information about the Community Development Board is available in our Laserfiche repository. Present: Allison Bryan, Nicole Olmstead, Henry Happel, Padden Guy Murphy, Chris Egnatz, Jennifer Madgic Excused: Brady Ernst, Jason Delmue, Ben Lloyd A) 00:16:49 Call to Order - 6:00 pm B) 00:17:38 Disclosures C) 00:17:53 Changes to the Agenda F) 00:18:04 Consent Items F.1 00:18:18 Approve the Aaker Master Site Plan (Quasi Judicial) 22381 Aaker MSP CDB staff rpt.pdf 00:19:52 Planner Susana Montana answers questions from the board. 00:24:59 Motion to approve Having reviewed and considered the staff report, application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 22381 and move for the Community Development Board, in its capacity as the Design Review Board, to recommend approval of the Aaker Master Site Plan with conditions and subject to all applicable code provisions. Henry Happel: Motion Jennifer Madgic: 2nd 00:25:19 Vote on the Motion to approve Having reviewed and considered the staff report, application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 22381 and move for the Community Development Board, in its capacity as 4 Bozeman Community Development Board Meeting Minutes, July 17, 2023 Page 2 of 4 the Design Review Board, to recommend approval of the Aaker Master Site Plan with conditions and subject to all applicable code provisions. The Motion carried 6 - 0. Approve: Allison Bryan Nicole Olmstead Henry Happel Padden Guy Murphy Chris Egnatz Jennifer Madgic Disapprove: None F.2 00:25:53 Approve the Aaker Major Subdivision Preliminary Plat (Quasi-Judicial) Staff Report for Major Subdivision Aaker Phase 1 PP Application 22311.pdf 00:30:29 Motion to approve After having reviewed and considered the staff report, application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 22311 and move for the Community Development Board, in its capacity as the Planning Board, to recommend approval of the Aaker Major Subdivision Preliminary Plat with conditions and subject to all applicable code provisions. Henry Happel: Motion Jennifer Madgic: 2nd 00:30:45 Vote on the Motion to approve After having reviewed and considered the staff report, application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 22311 and move for the Community Development Board, in its capacity as the Planning Board, to recommend approval of the Aaker Major Subdivision Preliminary Plat with conditions and subject to all applicable code provisions. The Motion carried 6 - 0. Approve: Allison Bryan Nicole Olmstead Henry Happel Padden Guy Murphy Chris Egnatz Jennifer Madgic Disapprove: None 00:26:29 Planner Susana Montana answers questions from the board. 5 Bozeman Community Development Board Meeting Minutes, July 17, 2023 Page 3 of 4 F.3 00:31:03 Approve the Urban Villas Site Plan (Quasi Judicial) Staff Report for Urban Villas 23033.pdf 00:31:44 Planner Susana Montana answers questions from the board. 00:33:09 Motion to approve Having reviewed and considered the staff report, application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 23033 and move for the Community Development Board, in its capacity as the Design Review Board, to recommend approval of the Urban Villas Site Plan with conditions and subject to all applicable code provisions. Henry Happel: Motion Jennifer Madgic: 2nd 00:33:20 Vote on the Motion to approve Having reviewed and considered the staff report, application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 23033 and move for the Community Development Board, in its capacity as the Design Review Board, to recommend approval of the Urban Villas Site Plan with conditions and subject to all applicable code provisions. The Motion carried 6 - 0. Approve: Allison Bryan Nicole Olmstead Henry Happel Padden Guy Murphy Chris Egnatz Jennifer Madgic Disapprove: None G) 00:34:01 Public Comments I) 00:35:11 Action Items I.1 00:35:13 UDC Project - Receive Information, Review, and Offer Input Regarding the Update to the Unified Development Code, Chapter 38, Bozeman Municipal Code to Address Potential Changes to Standards Relating to Commercial Parking Table Consolidation, RA Zoning District, Zone Edge Transitions, and Map Viewer Tool, Application 21381 00:35:36 Community Development Manager Chris Saunders presents to the board with discussions. 6 Bozeman Community Development Board Meeting Minutes, July 17, 2023 Page 4 of 4 J) 01:33:03 FYI/Discussions J.1 01:33:05 Upcoming Items for the August 7, 2023, Community Development Board Meeting J.2 01:34:03 Overview of Senate Bill 382, the Montana Land Use Planning Act, adopted by the 2023 Montana Legislature and Impacts on Community Development Board Operations and the Unified Development Code Replacement. SB382 City Commission summary July 25, 2023.pdf SB0382 - Montana Land Use Planning Act.pdf J.3 02:13:03 Transmittal of Neighborhood Commercial Presentation from June 26, 2023. 233070 EPS Neighb Commercial Presentation 06-23-2023.pdf J.4 02:14:24 Transmittal of Annual Growth Policy Implementation Report. 2023 Annual Growth Policy Implementation Report.pdf K) 02:18:29 Adjournment This board generally meets the first and third Monday of the month from 6:00 pm to 8:00 pm. 7 Bozeman Community Development Meeting Minutes, July, 3 2023 Page 1 of 4 THE COMMUNITY DEVELOPMENT MEETING OF BOZEMAN, MONTANA MINUTES July 3, 2023 General information about the Community Development Board is available in our Laserfiche repository. Present: Padden Guy Murphy, Jason Delmue, Henry Happel, Brady Ernst, Ben Lloyd Absent: None Excused: None A) 00:09:11 Call to Order - 6:00 pm B) 00:09:37 Disclosures C) 00:10:00 Changes to the Agenda F) 00:10:26 Consent Items F.1 00:10:33 Recommend Approval of the South Range Crossing Major Subdivision Preliminary Plat Dividing a 38.4-acre Parcel into 97 Lots Located at the Southeast Corner of West Graf Street and South 19th Avenue; Application 22390 (Quasi-Judicial) 00:11:44 Planner Susana Montana answers questions from the board. 22390 South Range Crossing PP CDB Staff Report.pdf 00:15:48 Motion to approve Planning 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 22390 and move for the Community Development Board, in its capacity as the Planning Board, to recommend approval of the South Range Crossing Major Subdivision Preliminary Plat with conditions and subject to all applicable code provisions. Henry Happel: Motion Ben Lloyd: 2nd 8 Bozeman Community Development Meeting Minutes, July, 3 2023 Page 2 of 4 00:16:11 Vote on the Motion to approve Planning 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 22390 and move for the Community Development Board, in its capacity as the Planning Board, to recommend approval of the South Range Crossing Major Subdivision Preliminary Plat with conditions and subject to all applicable code provisions. The Motion carried 5 - 0. Approve: Padden Guy Murphy Jason Delmue Henry Happel Brady Ernst Ben Lloyd Disapprove: None F.2 00:16:30 Recommend Approval of the South Range Crossing Master Site Plan Creating a 38.4-Acre Mixed Residential and Commercial Development Zoned REMU Located at the Southeast Corner of West Graf Street and South 19th Avenue; Application 23020 (Quasi-Judicial) 23020 South Range Crossing MSP CDB staff rpt.pdf 00:18:09 Motion to approve Having reviewed and considered the staff report, application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 23020 and move for the Community Development Board, in its capacity as the Design Review Board, to recommend approval of the South Range Crossing Master Site Plan with conditions and subject to all applicable code provisions. Henry Happel: Motion Jason Delmue: 2nd 00:18:19 Vote on the Motion to approve Having reviewed and considered the staff report, application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 23020 and move for the Community Development Board, in its capacity as the Design Review Board, to recommend approval of the South Range Crossing Master Site Plan with conditions and subject to all applicable code provisions. The Motion carried 5 - 0. Approve: Padden Guy Murphy Jason Delmue Henry Happel Brady Ernst Ben Lloyd Disapprove: 9 Bozeman Community Development Meeting Minutes, July, 3 2023 Page 3 of 4 None F.3 00:18:39 Design recommendation regarding 1825 W Kagy site plan proposal for a total of 184 dwelling units, comprised of a 5-story residential apartment building focused on student housing. It is located on the NE corner of South 19th Avenue and Kagy Boulevard; Application 22395 00:21:47 Community Development Manager Chris Saunders answers questions from the board. 22395DRB_StaffReport.pdf 00:25:48 Motion to approve Recommend approval of the site plan with conditions, code provisions, and departures, application 22395, to the Community Development Director as presented and provide design recommendations and Board Member discussion. Henry Happel: Motion Padden Guy Murphy: 2nd 00:26:09 Vote on the Motion to approve Recommend approval of the site plan with conditions, code provisions, and departures, application 22395, to the Community Development Director as presented and provide design recommendations and Board Member discussion. The Motion carried 4 - 1. Approve: Padden Guy Murphy Jason Delmue Henry Happel Brady Ernst Disapprove: Ben Lloyd G) 00:26:43 Public Comments H) 00:30:25 Action Items H.1 00:30:29 Community Development Board Resolution No. 2023-1 Recommending Adoption of the Bozeman Parks, Recreation, and Active Transportation Plan, as Required by the Montana Land Use Planning Act 00:32:46 Parks Planner Ross Knapper presents to the board. 00:47:42 Parks Planner Ross Knapper answers questions from the board. CDB resolution 7-3-2023.docx PRAT-Plan_Final-Draft.pdf Appendix_1.1-Survey_Report.pdf Appendix_1.2-Survey_Crosstabs.pdf Appendix_2-Design_Manual.pdf 10 Bozeman Community Development Meeting Minutes, July, 3 2023 Page 4 of 4 Appendix_3-Public_Engagement_Record.pdf Appendix_4-Marketing_Assessment.pdf Appendix_5-Parks_Inventory.pdf Appendix_6-Recreation_Assessment.pdf Appendix 7_Triangle-Trails-Plan.pdf Work-Session-Analysis,Recommendations,Revisions.pdf PRAT-Plan_Resolution-5502_Clean-copy.docx 01:08:30 Motion to approve Approval of Community Development Board Resolution No. 2023-1 Recommending Adoption of the Bozeman Parks, Recreation and Active Transportation Plan, as Required by the Montana Land Use Planning Act Henry Happel: Motion Padden Guy Murphy: 2nd 01:14:22 Vote on the Motion to approve Approval of Community Development Board Resolution No. 2023-1 Recommending Adoption of the Bozeman Parks, Recreation and Active Transportation Plan, as Required by the Montana Land Use Planning Act The Motion carried 5 - 0. Approve: Padden Guy Murphy Jason Delmue Henry Happel Brady Ernst Ben Lloyd Disapprove: None I) 01:14:49 FYI/Discussions I.1 01:14:50 Walkability and Land Use 01:15:33 Transportation and Engineering Director Nick Ross presents to the board. I.2 02:10:37 Upcoming Items for the July 17, 2023, Community Development Board Meeting J) 02:12:22 Adjournment This board generally meets the first and third Monday of the month from 6:00 pm to 8:00 pm. 11 Bozeman City Commission Meeting Minutes, [DATE] Page 1 of 2 THE COMMUNITY DEVELOPMENT MEETING OF BOZEMAN, MONTANA MINUTES February 26, 2024 00:01:32 General information about the Community Development Board is available in our Laserfiche repository. A) 00:03:56 Call to Order - 6:00 pm Present: Brady Ernst, Henry Happel, Chris Egnatz, Jennifer Madgic, Jason Delmue, Ben Lloyd Absent: Nicole Olmstead, Padden Guy Murphy, Mark Egge Excused: None B) 00:04:25 Disclosures C) 00:04:30 Changes to the Agenda D) 00:04:36 Public Comments E) 00:05:45 Action Items E.1 00:06:08 Impact Fee Update presentation and discussion regarding process, demographic and growth findings, and next steps Bozeman CommDev Board_2.21.pdf Bozeman MT Demographic Memo_2.21.pdf 00:06:25 Collin McAweeney presents to the board. 01:09:50 Community Development Manager Chris Saunders answers questions to the board. 01:27:22 Motion to approve E) Action Items: Motion to expand the chart depicting dwelling sizes particularly on the low and high end to add a couple more categories as you see fit. Jennifer Madgic: Motion Ben Lloyd: 2nd 12 Bozeman City Commission Meeting Minutes, [DATE] Page 2 of 2 01:28:01 Vote on the Motion to approve E) Action Items: Motion to expand the chart depicting dwelling sizes particularly on the low and high end to add a couple more categories as you see fit. The Motion carried 6 - 0. Approve: Brady Ernst Henry Happel Chris Egnatz Jennifer Madgic Jason Delmue Ben Lloyd Disapprove: None F) 01:35:35 FYI/Discussions F.1 01:36:10 No upcoming Items for the March 4, 2024, Community Development Board Meetings. Board unanimously agreed the next scheduled meeting would be March 18, 2024. G) 01:36:41 Adjournment This board generally meets the first and third Monday of the month from 6:00 pm to 8:00 pm. 13 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, Nexus Point GPA to Revise the Future Land Use Map from Urban Neighborhood to Community Commercial Mixed Use on Approximately 1.23 acres. The property is located between Arnold and Graf Streets, west of South 19th Avenue, Application 23205 MEETING DATE:March 18, 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 approve the growth policy amendment, application 23205. 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: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 R-O to B-2M (Community Commercial Mixed), see application 23204. 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. The subject property is subject to a Master Site Plan (MSP) and has undergone two site plan reviews with construction well on its way. The original Nexus Point development proposed 240 residential housing units, a two-story community building, and a two-story office building which included a café. 14 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 seriousness. Considerable development is occurring around the subject property including the Graff Street Apartment development is directly to the south which proposed 457 residential units. The Enterprise apartment directly to the west which includes 60 residential units, the Flats at Meadow Creek Condominiums to the southwest, the Platinum Ridge Condominiums to the southwest, and Genesis Business Park to the north. 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 [External Link]. No public comment has been received as of the writing of this report. UNRESOLVED ISSUES:There are no known unresolved issues with this application. ALTERNATIVES:1. Approve the application, 2. Deny the application finding non-compliance with the review criteria, 3. 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: 23205 Nexus Point GPA CDB SR.pdf 001 GPA Exhibit.pdf 23205 Nexus Point GPA.pdf Report compiled on: March 12, 2024 15 Page 1 of 26 23205, Staff Report for the Nexus Point Growth Policy Amendment (GPA) Public Hearing Dates: Community Development Board March 18, 2024. City Commission April 2, 2024. Project Description: A growth policy amendment to revise the future land use map from Urban Neighborhood to Community Commercial Mixed Use on approximately 1.23 acres. Project Location: The property is located between Arnold and Graf Streets, west of South 19th Avenue and legally described as a portion of Lot 1 Minor Subdivision #235B located in the Northeast One-Quarter (NE ¼), Southeast One-Quarter (SE ¼), and the Northeast One-Quarter (NE ¼) of Section 23, Township Two-South (T2S), Range Five- East (R5E), P.M.M., City of Bozeman, Gallatin County, Montana. Recommendation: Meets 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 approve the Nexus Point Growth Policy Amendment, application 23205. 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 move to approve Application 23205 the Nexus Point Growth Policy Amendment. Report: March 13, 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. 16 23205, Staff Report for the Nexus Point Growth Policy Amendment (GPA) Page 2 of 26 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 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 seriousness. 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. The Nexus Point Growth Policy Amendment (GPA) application seeks to reclassify a portion of an existing development from Urban Neighborhood to Community Commercial Mixed-Use on 1.23 acres. Ultimately, the applicant wants to re-zone this area from R-4 to B-2M to construct “commercial services.” The B-2M zoning designation is not an implementing district of the Urban Neighborhood future land use designation and, therefore, necessitates a GPA before the Commission can consider the rezoning request. The property is subject to a Master Site Plan (MSP) and has undergone two site plan reviews with construction well on its way. The original Nexus Point development proposed 240 residential housing units, a two-story community building, and a two-story office building which included a café. The property was annexed in 2007 under the name Genesis Business Park II annexation (A06003) and established initial zoning of B-P (Z06133). Subsequently, the entire parcel was rezoned from B-P (Business Park) to R-O (Residential Office) on January 7, 2019 (Application 18449). Further, Application 20389 rezoned the southwest quadrant of the property from R-O (Residential Office) to R-5 (Residential Mixed-Use High Density). Considerable development is occurring around the subject property including the Graf apartments to the south, Enterprise apartments, South University District Apartments, The Cottages, the Alpenglow Apartments, the Flats at Meadow Creek Condominiums to the southwest, the Platinum Ridge Condominiums to the southwest. This development is adding over 1,000 residential units plus 104 subdivision lots associated with the Jarret subdivision. Nexus Point development plans: ▪ Nexus Point Master Site plan, Application 19-263, approved in October 2020. ▪ Nexus Point Phase I, Application 19-262, including 120 residential units. 17 23205, Staff Report for the Nexus Point Growth Policy Amendment (GPA) Page 3 of 26 ▪ Nexus Point Phase II, Application 22-305, including 142 units in four buildings with a café. ▪ Master Site Plan Modification, Application 23066 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 March 18, 2024. Upon completion of their review and recommendation a summary will be presented to the City Commission based on the record presented. Alternatives 1. Approve the application, 2. Deny the application finding non-compliance with the review criteria, 3. 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. 18 23205, Staff Report for the Nexus Point Growth Policy Amendment (GPA) Page 4 of 26 TABLE OF CONTENTS EXECUTIVE SUMMARY ........................................................................................................... 1 Unresolved Issues ............................................................................................................. 1 Project Summary ............................................................................................................... 2 Community Development Board Summary .................................................................... 3 Alternatives ........................................................................................................................ 3 SECTION 1 - MAP SERIES........................................................................................................ 6 SECTION 2 - CONTINGENCIES OF APPROVAL .................................................................... 12 SECTION 3 - RECOMMENDATIONS AND FUTURE ACTIONS ............................................. 12 SECTION 4 - STAFF ANALYSIS AND FINDINGS .................................................................. 13 APPENDIX A - PROJECT SITE ZONING AND GROWTH POLICY ......................................... 23 APPENDIX B - NOTICING AND PUBLIC COMMENT ............................................................ 25 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF .................................... 26 19 23205, Staff Report for the Nexus Point Growth Policy Amendment (GPA) Page 5 of 26 Map 1: Location Map 20 Page 6 of 26 SECTION 1 - MAP SERIES Map 2: Location Map 21 23205, Staff Report for the Nexus Point Growth Policy Amendment (GPA) Page 7 of 26 Map 3: Larger area location Map 22 23205, Staff Report for the Nexus Point Growth Policy Amendment (GPA) Page 8 of 26 Map 4: Area development Map 23 23205, Staff Report for the Nexus Point Growth Policy Amendment (GPA) Page 9 of 26 Map 5: View of existing area Future Land Use Map designations, Bozeman Community Plan 2020 24 23205, Staff Report for the Nexus Point Growth Policy Amendment (GPA) Page 10 of 26 Map 6: Existing zoning 25 23205, Staff Report for the Nexus Point Growth Policy Amendment (GPA) Page 11 of 26 Map 7 - Application Exhibit 26 Page 12 of 26 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 “Nexus Point 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 September 11, 2024, 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 March 18, 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 April 2, 2024. The hearing begins at 6:00 p.m. Meetings will be held in the location and manner identified on the meeting agenda. 27 23205, Staff Report for the Nexus Point Growth Policy Amendment (GPA) Page 13 of 26 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. 28 23205, Staff Report for the Nexus Point Growth Policy Amendment (GPA) Page 14 of 26 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 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. 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 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 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. The previous Growth Policy showed the area designated Business Park Mixed-Use. The Bozeman Community Plan 2020 revised this designation to Urban Neighborhood. Directly to the north is a large area of commercial area that is partially developed and recently was expanded with the annexation of the West University District Annexation which established zoning designations of B-2M and REMU on 50 and 48 acres respectfully. This area is now under subdivision and master site plan review (PP 22311 and MSP 22381), called the Aaker Place development which is proposing 224 residential units in the REMU zone. No formal development plans have been received for the commercial area. 29 23205, Staff Report for the Nexus Point Growth Policy Amendment (GPA) Page 15 of 26 Considerable residential development is underway on the surrounding properties and the subject property. Approximately 1,070 residential units are approved or in review in the vicinity. The Jarret subdivision adds another 104 lots to the mix. A portion of the commercially designated area is a result of the Genesis Business Park, a wholly surrounded island of County zoning jurisdiction. Grace Bible Church is the largest property owner in the area. This application is fundamentally different from the recently reviewed SRX North GPA for several reasons. First, the NEXUS Point development planned and anticipated commercial activity in this location in addition to the residential development as shown in the approved Master Site Plan. Further, the commercial development was planned within the R-O zoned area. The Intent and purpose of the R-O zone are to encourage the development of multi-household and apartment development and compatible professional offices and businesses that would blend well with adjacent land uses. Thirdly, the proposed area is 1.23 acres including the ROW, compared to the 17.5 acres. The parcel is divided into two parcels by Arnold Street which will limit building size and potential impacts on adjacent properties. Finally, while the property is visible from South 19th, it is separated by a 120-foot buffer consisting of an Agricultural Water User Facility (a ditch) and common open space with a trail. These physical properties will curtal large footprint buildings and create an environment for a compact and urban environment. The Applicant argues the proposed amendments help improve the growth policy to better respond to the needs of the general community and that the “GPA will allow for B-2M zoning which in turn will facilitate the development of commercial services. There are currently no support services within this neighborhood. A change to the land use map would help provide local services for the Nexus Point Subdivision as well as the 250,000 square foot Gensis Business Park and hundreds of dwelling units located in the neighborhood.” The existing Urban Neighborhood designation allows the B-1 zone. Per BMC, 38.300.110.A, the intent of the B-1 neighborhood business district is to “provide for smaller scale retail and service activities frequently required by neighborhood residents on a day-to-day basis, as well as residential development as a secondary purpose, while still maintaining compatibility with adjacent residential land uses. Design standards emphasizing pedestrian-oriented design are important elements of this district. Use of this zone is appropriate for areas functioning as a center for surrounding residential neighborhoods.” The original MSP and associated documents suggested a 2-story building. The documentation provided by the applicant for the GPA and associated ZMA show four- story concept buildings. The B-1 zone allows three-story buildings while B-2M allows 30 23205, Staff Report for the Nexus Point Growth Policy Amendment (GPA) Page 16 of 26 up to 60’ buildings. Similarly, the existing R-O zoning designation allows a variety of commercial uses on a limited scale such as restaurants, retail, and offices in buildings up to 60 feet. 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 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 31 23205, Staff Report for the Nexus Point Growth Policy Amendment (GPA) Page 17 of 26 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. 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 (incl. Bridger Brewing) 2.8 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 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. 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. Further, 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. South 19th is a Principal Arterial and Arnold Street is considered a local street. 32 23205, Staff Report for the Nexus Point Growth Policy Amendment (GPA) Page 18 of 26 Population density is necessary to support neighborhood and community commercial areas. The BCP2020 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. 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. Four 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. ▪ The needs of new and existing development coexist, and they should remain in balance; neither should overwhelm the other. ▪ 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. 33 23205, Staff Report for the Nexus Point Growth Policy Amendment (GPA) Page 19 of 26 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 does not list any goals or objectives the application furthers, rather is simply states the amendment will allow B-2M zoning which, in turn, will provide community services to the neighborhood. While this may be the case, there is no analysis to support this statement. Relevant goals and objectives to this application include the following: 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. Rationale: This site is uniquely qualified for neighborhood scale commercial development. the NEXUS Point development planned and anticipated commercial activity in this location in addition to the residential development as shown in the approved Master Site Plan. The subject property is 1.23 acres including the ROW. The parcel is divided into two parcels by Arnold Street which will limit building size. These physical properties will curtal large footprint buildings and create an environment for a compact and urban environment more akin to neighborhood scale development. N-2.3 Investigate and encourage development of commerce concurrent with, or soon after, residential development. Actions, staff, and budgetary resources relating to neighborhood commercial development should be given a high priority. Rationale: Considerable residential development is underway in the immediate vicinity. Although there is commercial activity in the Geneses Business Park it generally does not host neighborhood type activity. As noted above there are approximately 327 acres of land in the immediate vicinity designated for commercial development. However, these are designed a larger scale commercial development and may not be supportive of local or neighborhood style commercial development. 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-2.5 Identify and zone appropriate locations for neighborhood-scale commercial development. 34 23205, Staff Report for the Nexus Point Growth Policy Amendment (GPA) Page 20 of 26 Rationale: Like Objective N.2.1 above, 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. However, these are designed a larger scale commercial development and may not be supportive of local or neighborhood style commercial development. This site is uniquely qualified for neighborhood scale commercial development. the NEXUS Point development planned and anticipated commercial activity in this location in addition to the residential development as shown in the approved Master Site Plan. The subject property is 1.23 acres including the ROW. The parcel is divided into two parcels by Arnold Street which will limit building size. These physical properties will curtal large footprint buildings and create an environment for a compact and urban environment more akin to neighborhood scale development. Based on the analysis discussed above, staff finds the application marginally corrects a flaw in the BCP2020. However, based on the record the Commission may come to an alternative conclusion. There is an associated zone map amendment, see application 23204, 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 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. 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. 35 23205, Staff Report for the Nexus Point Growth Policy Amendment (GPA) Page 21 of 26 Properties to the north and to the west are designated as commercial areas. The original plan for the development included a small commercial are to serve the residents. The City desires a mix of use in close proximity to meet employment, educational, housing, and other needs. Staff did not identify conflicts between map elements or goals and objectives from the proposed amendment. 3. The proposed amendment must be consistent with the overall intent of the growth policy. The overall intent of the growth policy is to address issues of development and change while protecting public health, safety, and welfare (page 20) proactively and creatively. 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. 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, 36 23205, Staff Report for the Nexus Point Growth Policy Amendment (GPA) Page 22 of 26 Criterion Met. The proposed map amendment is for a relatively small 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 and Community Commercial Mixed Use areas, 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 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. 37 23205, Staff Report for the Nexus Point Growth Policy Amendment (GPA) Page 23 of 26 As noted above, there is an approved Master Site Plan in place which analyzed facility and service demand for proposed development. This approach enables mitigation to be proportionate to the proposed development as required by law. d) Negatively affecting the health and safety of the residents. The change from Urban Neighborhood to Commercial development will have minimal impacts on the safety and health of the residents. The approved MSP arranged the circulation system to adequately serve the site, including the commercial development proposed on this site, designed municipal systems to accommodate the development intensity. Permitted building heights are similar between the exiting R- O and the proposed B-2M, however, permitted uses are more robust in the B-2M. Site constraints will further limit potential negative impacts. In conjunction with required additional review during site development and mitigation of any potentially adverse impacts will be addressed at that time, as required by municipal code, will ameliorate any negative impacts. APPENDIX A - PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The property is inside Bozeman city limits and is zoned R-O, Residential Office. A master site plan has been approved for the site and is being constructed to provide transportation and utilities. Individual site plans for specific buildings will be reviewed over time and must be consistent with the approved Master Site Plan. There is an associated zone map amendment to change the zoning from R-O to B-2M, see application 23204. 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 38 23205, Staff Report for the Nexus Point Growth Policy Amendment (GPA) Page 24 of 26 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 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. 39 23205, Staff Report for the Nexus Point Growth Policy Amendment (GPA) Page 25 of 26 Zoning Correlation with Land Use Categories 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 February 24 and March 2, 2024. 40 23205, Staff Report for the Nexus Point Growth Policy Amendment (GPA) Page 26 of 26 The Planning Board public hearing is scheduled for Monday, March 18, 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, April 2, 2024. No written public comments have been received regarding this project at this time. APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF Owner: Nexus Point, LLC, 3661 Jagar Lane, Bozeman MT 59718 Applicant: Madison Engineering, 895 Technology Blvd., Suite 203, Bozeman, MT 59718 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. 41 DN DN DN DN DN DN DN DN DN DN DN DN DN DN DN DN DN DN DN DN DN DN DN DN DN DN DN DN DN DN TYPE A FAIRHOUSING UNIT TYPE A FAIRHOUSING UNITTYPE A FAIRHOUSING UNITSOUTH 19TH AVENUEARNOLD STREET ARNOLD STREET SOUTH 2 1ST AVENUE LANTERN DRIVE TYPE A BLDG 2105 ARNOLD 12-PLEX 2 TYPE A, 2 TYPE B 8 STD 2-BEDROOM UNITS PHASE I(c) TYPE B BLDG 2125 ARNOLD 12-PLEX 4 TYPE B & 8 STD 2-BEDROOM UNITS PHASE I(b) TYPE B BLDG 2145 ARNOLD 12-PLEX 4 TYPE B & 8 STD 2-BEDROOM UNITS PHASE I(a) TYPE C BLDG 2095 ARNOLD 12-PLEX 4 TYPE B & 8 STD 2-BEDROOM UNITS PHASE I(d) TYPE C BLDG 2085 ARNOLD 12-PLEX 4 TYPE B & 8 STD 2-BEDROOM UNITS PHASE I(e) TYPE C BLDG 2075 ARNOLD 12-PLEX 4 TYPE B & 8 STD 2-BEDROOM UNITS PHASE I(f) TYPE B BLDG 2078 ARNOLD 24-PLEX 8 TYPE B & 16 STD 2 BEDROOM UNITS PHASE I(h) TYPE A BLDG 2088 ARNOLD 24-PLEX 1 TYPE A, 7 TYPE B & 16 STD 2-BEDROOM UNITS PHASE I(g) 2068 21ST AVE CLUB HOUSE PHASE I(i) 1" = 0 SCALE 40' 80'20'40' SHEETMADISON ENGINEERING895 TECHNOLOGY BLVD, SUITE 203BOZEMAN, MT 59718(406) 586-0262NEXUS POINT GPA C0.1NEXUS POINTGROWTH POLICY AMMENDMENTBOZEMAN, MTGROWTH POLICY AMENDMENT FOR NEXUS POINT MAJOR SUBDIVISION LOCATED ON LOT 1 OF MINOR SUBDIVISION 235B LEGEND TOTAL PROPOSED COMMUNITY COMMERCIAL MIXED USE AREA: 53,579 SQFT (1.23 ACRES) 42 BOZEMANMT Community Development DEVELOPMENT REVIEW APPLICATION Remember to obtain owner signature on this form prior to uploading with the rest of your submittal PROJECT INFORMATION Project Name:Nexus Point Subdivision GPA Project Type(s):Growth Policy Amendment GPA Street Address:West of S 19th Avenue. Lots directly North and South of Arnold Street. Legal Description: MINOR SUB 235B, S23, T02 S, R05 E, Lot 1, ACRES 20, GENESIS BUSINESS PARK TWO ANNEXATION Description of Project: Growth Policy Map Amendment for two lots. Two lots proposed to change from Urban Neighborhood to Community Commercial Mixed Use. Current Zoning:R-O Residential Office District Existing Use:Undeveloped Proposed Use:Commercial, Mixed, Residential Gross Lot Area:53579 Number of Buildings:0 Type and Number of Dwellings:0 Building Size (SF):0 Non-Residential Building Size (SF):0 Building Height (ft):0 Affordable Housing (Y/N):No Departure/Deviation Request (Y/N):No Zoning Verification Expedited (Y/N):No PROPERTY OWNER Company Name:Nexus Point LLC Name:Steve Moore Full Address:3661 Jagar Lane, Bozeman , MT 59718 Email:steve@smadvisorygroup.com Phone:(406) 599-5169 APPLICANT Company Name:Madison Engineering Name:Elizabeth Mans Full Address:895 Technology Blvd 203, Bozeman, Montana 59718 Email:emans@wwcengineering.com Phone:(406) 586-0262 43 REPRESENTATIVE Company Name:Madison Engineering Name:Elizabeth Mans Full Address:895 Technology Blvd 203, Bozeman, Montana 59718 Email:emans@wwcengineering.com Phone:(406) 586-0262 CERTIFICATIONS AND SIGNATURES Applicant signature is captured electronically at time of application submittal. This application PDF must also be signed by the property owner(s) for all application types before the submittal will be accepted. The only exception to this is an informal review application that may be signed by the applicant(s) only. The applicant(s) and property owner(s) submit this application for review under the terms and provisions of the Bozeman Municipal Code. It is further indicated that any work undertaken to complete a development approved by the City of Bozeman shall be in conformance with the requirements of the Bozeman Municipal Code and any special conditions established by the approval authority. I acknowledge that the City has an Impact Fee Program and impact fees may be assessed for my project. Further, I agree to grant City personnel and other review agency representative's access to the subject site during the course of the review process (Section 38.200.050, BMC). I (We) hereby certify that the above information is true and correct to the best of my (our) knowledge. Certification of Completion and Compliance - I understand that conditions of approval may be applied to the application and that I will comply with any conditions of approval or make necessary corrections to the application materials in order to comply with municipal code provisions. Statement of Intent to Construct According to the Final Plan - I acknowledge that construction not in compliance with the approved final plan may result in delays of pccupancy or costs to correct noncompliance. Property Owner Signature: Printed Name:Steve Moore CONTACT US Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street fax 406-582-2263 Bozemn, MT 59715 planning@bozeman.net www.bozeman.net/planning 44 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 Nexus Point Zone Map Amendment Requesting Amendment of the City Zoning Map to Change the Zoning from R-O (Residential Office District) to B- 2M (Community Business District Mixed) on 1.23 Acres, Change the Zoning from R-O (Residential Office District) to R-4 (Residential High Density District) on 8.8 Acres, and Change the Zoning from R-O (Residential Office District) to PLI (Public Lands and Institutions) on 1,26 Acres, All Within the Nexus Point Subdivision. The Subject Site is Approximately 11.29 Acres and Located West of South 19th Avenue, North and South of Arnold Street, application 23204. MEETING DATE:March 18, 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 23204 and move to recommend approval of the Nexus Point 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:Nexus Point Master Site Plan and Phase I Site Plan Review applications (19262 & 19263) were approved in late 2022. Phase I has been constructed which includes six 12-unit apartment buildings on the north side of the site (north of Arnold Street), two 24-unit apartment buildings and one clubhouse south of Arnold Street, and a public park on the southeast side of the site, all of which are zoned R-O (Residential Office). The application 23204 includes a proposal to rezone this subject site of approximately 11.29 acres in size into three different zone districts, R-4 (Residential High Density District), B-2M (Community Business District Mixed), and PLI (Public Lands and Institutions). The area to the southwest zoned R-5 is part of Nexus Point Subdivision, but it is not part of this application. Accompanying and preceding this application is a Growth Policy 45 Amendment (application 23205) to amend the future land us map from Urban Neighborhood to Community Commercial Mixed Use for a portion of the property 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 Commission deny the growth policy amendment for application 23205, the proposal to rezone the 1.23 acres from R-O to B-2M cannot be approved since the proposed zone district (B-2M) is not an allowed zone district in Urban Neighborhood future land use designation. The site has previously been reviewed and approved for a master site plan and preliminary plat. The proposed zoning boundaries and uses are consistent with those prior project reviews. The subject site is bounded by South 19th Avenue on the eastern side. Arnold Street bisects the site from South 19th Avenue running west and northwest until it connects with Discovery Drive to the north. South 21st Avenue connects to Arnold Street from the south running northbound. Both are designated local streets. Nearby municipal zoning to the east is REMU (Residential Emphasis Mixed Use) and R-1 (Residential Low Density). South and southeast of the site is zoned R-2 (Residential Moderate Density), and R-4 (Residential High Density). West of the site is zoned R-5 (Residential Mixed Use High Density). North of the site is located within the county and zoned RO (Residential Office) with a small pocket of NS (Neighborhood Service). Application materials for application 23204 are available through the City's website [External link]. UNRESOLVED ISSUES:There are no identified conflicts on this application at this time. As noted in the summary below and analysis of zoning criteria for the requested B-2M zone district in the staff report, accompanying this application is a Growth Policy Amendment (GPA) application, 23205. Zoning analysis for the requested B-2M zone district is based on approval of the GPA application 23205. ALTERNATIVES:1. Recommend approval of the application; 2. Recommend modifications to the requested zoning; 3. Recommend 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 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 Zone Map Amendment. Attachments: 23204 Nexus Point ZMA CDB SR.pdf 46 Report compiled on: March 12, 2024 47 Page 1 of 48 23204 Staff Report for the Nexus Point Zone Map Amendment Public Hearings: Community Development Board (Zoning Commission) meeting is on March 18, 2024, at 6:00 pm. City Commission meeting is on April 2, 2024, at 6:00 pm. Project Description: The Nexus Point Zone Map Amendment requesting amendment of the City Zoning Map to change the zoning from R-O (Residential Office District) to B- 2M (Community Business District-Mixed) on 1.23 acres, change the zoning from R- O (Residential Office District) to R-4 (Residential High Density District) on 8.8 acres, and change the zoning from R-O (Residential Office) to PLI (Public Lands and Institutions) on 1.26 acres, all within the Nexus Point Subdivision. The subject site is approximately 11.29 acres. Project Location: The subject site is located west of S. 19th Avenue, north and south of Arnold Street, and more thoroughly described as Minor Subdivision 235B, Section 23, Township 2 South, Range 5 East, Lot 1, Acres 20, Genesis Business Park Two Annexation. Recommendation: Meets standards for approval. Recommended Community Development Board Zoning 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 23204 and move to recommend approval of the Nexus Point 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 23204 and move to approve the Nexus Point Zone Map Amendment subject to contingencies required to complete the application processing. Report: March 12, 2024 Staff Contact: Elizabeth Cramblet, Associate Planner Agenda Item Type: Action - Legislative 48 Staff Report for the Nexus Point Zone Map Amendment Page 2 of 48 EXECUTIVE SUMMARY This report is based on the application materials submitted and public comment received to date. Unresolved Issues There are no identified conflicts on this application at this time. As noted in the summary below and analysis of zoning criteria for the requested B-2M zone district, accompanying this application is a Growth Policy Amendment (GPA) application, 23205. Zoning analysis for the requested B-2M zone district is based on approval of the GPA application 23205. Project Summary Nexus Point Master Site Plan and Phase I Site Plan Review applications (19262 & 19263) were approved in late 2022. Phase I has been constructed which includes six 12- unit apartment buildings on the north side of the site (north of Arnold Street), two 24-unit apartment buildings and one clubhouse south of Arnold Street, and a public park on the southeast side of the site, all of which are zoned R-O (Residential Office). The application includes a proposal to rezone this subject site approximately 11.29 acres in size into three different zone districts, R- 4 (Residential High-Density District), B-2M (Community Business District-Mixed), and PLI (Public Lands and Institutions). The area to the southwest zoned R-5 is part of Nexus Point Subdivision, but it is not part if this application. Additional details about this southwest area can be found in A ppendix A. 19th Avenue 49 Staff Report for the Nexus Point Zone Map Amendment Page 3 of 48 Accompanying this application is a Growth Policy Amendment (application 23205) to amend the future land use map from Urban Neighborhood to Community Commercial Mixed Use for a portion of the property 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 23205, the proposal to rezone the 1.23 acres from R-O to B-2M cannot be approved since the proposed zone district (B-2M) is not an allowed zone district in Urban Neighborhood. The site has previously been reviewed and approved for a master site plan and preliminary plat. The proposed zoning boundaries and uses are consistent with those prior project reviews. The subject site is bound by South 19th Avenue on the eastern side. Arnold Street bisects the site from South 19th Avenue running west and northwest until it connects with Discovery Drive to the north. South 21st Avenue connects to Arnold Street from the south running northbound. Both are designated local streets. Nearby municipal zoning to the east is REMU (Residential Emphasis Mixed Use) and R -1 (Residential Low Density). South and southeast of the site is zoned R-2 (Residential Moderate Density), and R-4 (Residential High Density). West of the site is zoned R-5 (Residential Mixed Use High Density). North of the site is located within the county and zoned RO (Residential Office) with a small pocket of NS (Neighborhood Service). 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. Alternatives 1. Recommend approval of the application; 2. Recommend modifications to the requested zoning; 3. Recommend 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 on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. 19th Avenue 50 Staff Report for the Nexus Point Zone Map Amendment Page 4 of 48 TABLE OF CONTENTS EXECUTIVE SUMMARY ................................................................................................ 2 Unresolved Issues ........................................................................................................ 2 Project 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 (B-2M area) ............................................... 12 Section 76-2-304, MCA (Zoning) Criteria (R-4 & PLI) ............................................... 30 PROTEST NOTICE FOR ZONING AMENDMENTS ..................................................... 43 APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND ............. 43 APPENDIX B - NOTICING AND PUBLIC COMMENT................................................. 44 APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING .................. 44 APPENDIX D - PROJECT GROWTH POLICY AND PROPOSED ZONING .................. 46 APPENDIX E - OWNER INFORMATION AND REVIEWING STAFF .......................... 48 FISCAL EFFECTS .......................................................................................................... 48 ATTACHMENTS ........................................................................................................... 48 51 Staff Report for the Nexus Point Zone Map Amendment Page 5 of 48 SECTION 1 - MAP SERIES Figure 1: Project Vicinity Map (2023image) Project Site 52 Staff Report for the Nexus Point Zone Map Amendment Page 6 of 48 Figure 2: Future Land Use Designations (2023 image) Urban Neighborhood Community Commercial Mixed Use Residential Mixed Use Project Site 53 Staff Report for the Nexus Point Zone Map Amendment Page 7 of 48 Figure 3: Applicant Proposed Future Land Use Designation 54 Staff Report for the Nexus Point Zone Map Amendment Page 8 of 48 Figure 4: Current Zoning Map (2023 image) Subject Property 55 Staff Report for the Nexus Point Zone Map Amendment Page 9 of 48 Figure 5: Applicant Proposed Zoning Map B-2M PLI R-4 56 Staff Report for the Nexus Point Zone Map Amendment Page 10 of 48 Figure 6: Map of Current Planning Projects The Flats @ BZN The Bootes SP SRX Site Plan SRX ZMA The Cottages @ Bzn Aaker Phase PP Jarrett PP Cottages @ Blackwood Groves Gran Cielo II Buffalo Run Gran Cielo MSP Alpenglo w Apts. Graf Site Plan 57 Staff Report for the Nexus Point Zone Map Amendment Page 11 of 48 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. These contingencies only apply in the event that the related annexation request has previously been approved. Recommended Contingencies of Approval: 1. That the future land use amendment, application 23205, be approved by the City Commission and the implementing resolution adopted. 2. That all documents and exhibits necessary to establish an initial municipal zoning designation of R-4, B-2M, and PLI shall be identified as the “Nexus Point 2024 Zone Map Amendment.” All required documents must be returned to the City within 60 days of the City Commission action to annex the property or the preliminary approval shall be null and void. 3. That the applicant must submit a Zone Amendment map, titled “Nexus Point 2024 Zone Map Amendment”. The map must be supplied as a PDF. This map must be acceptable to the City Engineer’s Office and must be submitted within 60 days of the action to approve the zone map amendment. Said map shall contain a metes and bounds legal description of the perimeter of the subject property including adjacent right-of-ways or street easements, and the individual zoning districts, and total acreage of the property to be rezoned, unless the property to be rezoned can be entirely described by reference to existing platted properties or certificates of survey. 4. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant provides an editable metes and bounds legal description for each zoning district prepared by a licensed Montana surveyor. SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS Zone Map Amendment Having considered the criteria established for a zone map amendment, the Staff recommends approval as submitted, contingent on approval of application 23205 to amend the future land use map. The Development Review Committee (DRC) considered the amendment. The DRC did not identify any infrastructure or regulatory constraints that would impede the approval of the application. The Zoning Commission will hold a public hearing on this ZMA on March 18, 2024, and will forward a recommendation to the 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. 58 Staff Report for the Nexus Point Zone Map Amendment Page 12 of 48 The City Commission will hold a public hearing on the zone map amendment on April 2, 2024. The meeting will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin at 6 p.m. 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 plans and regulations for land development. Standards which prevent or mitigated negative impacts are incorporated throughout the entire municipal code but are principally in Chapter 38, Unified Development Code. For information about how the code as a whole applies, examples of specific code sections and the timing of future application is provided as part of the analysis below. They are presented in table format. Analysis below addresses each of the requested districts in sequential order. B2-M is evaluated first. Staff analysis of R-4 and PLI follows the analysis for B-2M. Section 76-2-304, MCA (Zoning) Criteria (B-2M) 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 59 Staff Report for the Nexus Point Zone Map Amendment Page 13 of 48 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.” 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, 23205 which includes a proposal to change the future land use map on two of the lots from Urban Neighborhood to Community Commercial Mixed Use (see Figure 3 under Map Series pg. 7). 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 are 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 60 Staff Report for the Nexus Point Zone Map Amendment Page 14 of 48 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.” 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 61 Staff Report for the Nexus Point Zone Map Amendment Page 15 of 48 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 suggests numerous goals and objectives that are broadly served with this application. Staff is in general agreement with the list but notes 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 “City growth policy encourages development to be walkable along with the goal of supporting well-planned walkable neighborhoods. The subject properties comprising the above-described neighborhood are bounded by South 19 th Avenue to the east, a substantial physical barrier delineating these properties into a single neighborhood. There are currently no supportive commercial services located on the west side of S 19th Avenue (where this neighborhood is situated) resulting in car-dependency – contradictory to the City’s stated goals and objectives.” 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 around the two lots are currently developed with high density housing. 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, 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 62 Staff Report for the Nexus Point Zone Map Amendment Page 16 of 48 in the Map Series-Figure 6 above. The site is bordered by South 19th Avenue on the east (a designated Primary Arterial) with several local streets to access to the site. Arnold Street runs east/west and north through the subject site connecting to S 19th Avenue on the eastern side and Discovery Drive on the western side. Additionally, S 21st Avenue runs north south through the site between Graf Street to the south and connects with Arnold Street to the north. The applicant feels there is ample future and existing residential to support community commercial by stating “A substantial amount of high-density multifamily residences exist, are under construction, or are planned for the neighborhood in which Nexus Point is located. This application seeks to create services to support a walkable/bike-able neighborhood comprised of: Nexus Point (262 units), Graf Street Apartments (457 units), Penrose Apartments (60 units), Enterprise south of Lantern (88 units), and Talbach House (66 units). This neighborhood encompasses over 900 dwelling units, plus the 250,000 sf Genesis Business Park, all within approximately one-half mile walking distance from the public parks/open spaces and proposed commercial lots within the Nexus Point Subdivision.” The applicant is correct in that a substantial number 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. 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 “Updating the zoning of the two proposed commercial lots from R-O to B-2M in addition with the Growth Policy Amendment (23205) will help facilitate the City’s growth goals. There are currently no support services within this neighborhood. Providing commercial services like the proposed market and restaurant will allow for a neighborhood focal point, reducing car dependency, increasing community identity, and positively contributing to the overall economic health of the community. Promoting this commercial space within the Nexus Point development aligns with the growth policy, in particular Goal N-2 which states, ‘pursue simultaneous emergence of commercial nodes and residential development through diverse mechanisms in appropriate locations.” 63 Staff Report for the Nexus Point Zone Map Amendment Page 17 of 48 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. 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 S 19th Avenue, designated a primary arterial and Arnold Street which bisects the site running east/west, a designated local street. The applicant argues “The lots are located at the primary entry to Nexus Point from S 19th Avenue, giving identity to the neighborhood by providing a visible and distinct focal point, as well as employment and service opportunities.” DCD-1.5 Identify zone appropriate locations 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. 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. 19 th Avenue is a designated primary arterial and Arnold Street is a designated local 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 19 th 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 mile travelled from the subject site is an additional commercial area and a deli located on the south side of Kagy Boulevard and S. 11th Avenue, and about a mile and a half traveled is Town and Country grocery store with some other local shops and restaurants north of Kagy on 11 th Avenue. While there are some nearby commercial shops within a half mile of the site west of S 19th Avenue, much of the commercial is on the east side of 19th Avenue. Additional commercial may be warranted given the number of new residential units in various stages of development in this south side region. 64 Staff Report for the Nexus Point Zone Map Amendment Page 18 of 48 B. Secure safety from fire and other dangers. Criterion met. The subject property is already annexed and 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-O to B-2M is not likely to adversely impact safety from fire and other dangers. Building standards such as heights and setbacks were previously evaluated when the B2-M district was created and were found to be consistent with this criterion. The on-going relocation of First Station 2 to Kagy will place emergency services closer with shorter response times than currently exist. Municipal Code Section and Title Subject Related Documents When standard is applied 18.02 International Fire code Adopt standards for fire prevention and control Fire/EMS master plan, International Fire Code Site plan and building permit 38.400 Transportation Facilities and Access Streets standards for size and construction Transportation Master Plan Subdivision or site plan review 38.400.010 Streets, general Access for emergency services Transportation Master Plan Subdivision or site plan. 38.410.090 Fire protection requirements Development design Fire/EMS master plan, International Fire Code Subdivision, Site plan, and building permit 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 park s, 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. 65 Staff Report for the Nexus Point Zone Map Amendment Page 19 of 48 Municipal Code Section and Title Subject Related Documents When standard is applied 18.02 International Fire code Adopt standards for fire prevention and control Fire/EMS master plan, International Fire Code Site plan and building permit 38.400 Transportation Facilities and Access Streets standards for size and construction Transportation Master Plan Subdivision or site plan review 38.410.070 Municipal water, sewer systems Location and requirement to install. Sewer collection facilities plan, Water facilities plan Subdivision or site plan. 38.410.090 Fire protection requirements Development design Fire/EMS master plan, International Fire Code Subdivision, Site plan, and building permit 38.420 Parks Standards for location, type, and development of parks and trails Park, Recreation, and Active Transportation Plan Subdivision or site plan review 38.5 Project Design Site layouts, landscaping, building configuration, signs, lighting Site plan and building permit 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 .” 66 Staff Report for the Nexus Point Zone Map Amendment Page 20 of 48 The city conducts extensive planning for municipal transportation, water, sewer, parks, and other facilities and services provided by the City. The adopted plans allow the City to consider existing conditions and identify enhancements needed to provide additional service needed by new development. The city implements these plans through its capital improvements program that identifies individual projects, project construction scheduling, and financing of construction. The subject properties are within the City’s land use, transp ortation, 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 adjacent residential and commercial districts. Most of the site has been recently developed. Additional improvements required to serve the proposed commercial development on the B- 2M proposed areas will be determined with this and subsequent applications prior to development and shall conform to regulations contained the Bozeman Municipal Code. As stated in 38.300.020.C, the designation of a zoning district does not guarantee approval of new development until the City verifies the availability of needed infrastructure. All zoning districts in Bozeman enable a wide range of uses and intensities. At time of future subdivision or site plan review the need for individual services can be more precisely determined. No subdivision or site plan is approved without demonstration of adequate capacity. 38.300.020.C, “Placement of any given zoning district on an area depicted on the zoning map indicates a judgment on the part of the city that the range of uses allowed within that district are generally acceptable in that location. It is not a guarantee of approval for 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 cha pter 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 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-O to B-2M is expected to result in an 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 67 Staff Report for the Nexus Point Zone Map Amendment Page 21 of 48 reviewed by city staff. A water and sewer technical memo was submitted with the growth policy amendment application 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. Municipal Code Section and Title Subject Related Documents When standard is applied 18.02 International Fire code Adopt standards for fire prevention and control Fire/EMS master plan, International Fire Code Site plan and building permit 38.400 Transportation Facilities and Access Streets standards for size and construction Transportation Master Plan Subdivision or site plan review 38.410.060 Easements Location and form of easements for utilities Transportation Master Plan, Sewer collection facilities plan, Water facilities plan Annexation for collector and arterial streets. Subdivision or site plan for all others. 38.410.070 Municipal water, sewer systems Location and requirement to install. Sewer collection facilities plan, Water facilities plan Subdivision or site plan. 38.410.090 Fire protection requirements Development design Fire/EMS master plan, International Fire Code Subdivision, Site plan, and building permit 38.420 Parks Standards for location, type, and development of parks and trails Park, Recreation, and Active Transportation Plan Subdivision or site plan review 68 Staff Report for the Nexus Point Zone Map Amendment Page 22 of 48 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 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. Municipal Code Section and Title Subject Related Documents When standard is applied 38.320 Form and Intensity Standards Standards for building placement and maximum size Subdivision, site plan review, building permit 38.420 Parks Standards for location, type, and development of parks and trails Park, Recreation, and Active Transportation Plan Subdivision or site plan review 38.520.060 On-site residential and commercial open space Private land open area requirements Site plan 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. The applicant argues as well that “the addition of B-2M zoning has the potential to reduce the use of motorized transportation systems as the 69 Staff Report for the Nexus Point Zone Map Amendment Page 23 of 48 proposed commercial spaces of a market and restaurant will allow residents to remain within their neighborhood instead of seeking these services elsewhere. The commercial lots are integrated in a pedestrian-friendly manner through a network of sidewalks and trail system connecting the commercial lots to residential developments outside Nexus Point as well .” The proposed zoning will allow for a moderately higher density of uses than is currently allowed under R-O 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. 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 local street (Arnold Street), both of which have capacity to carry additional traffic. 70 Staff Report for the Nexus Point Zone Map Amendment Page 24 of 48 Municipal Code Section and Title Subject Related Documents When standard is applied 38.400 Transportation Facilities and Access Streets standards for size and construction Transportation Master Plan Subdivision or site plan review 38.410.060 Easements Location and form of easements for utilities Transportation Master Plan, Annexation for collector and arterial streets. Subdivision or site plan for all others. 38.420.110 Recreation Pathways Location and requirement to install. Park, Recreation, and Active Transportation Plan Annexation for Class 1 Trails easement. Subdivision or site plan for all else. 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 approp riate 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. As previously mentioned, accompanying this application is a Growth Policy Amendment (application (23205) to amend the future land use map from Urban Neighborhood to Community Commercial Mixed Use on 1.23 acres as shown in Map Series - Figure 3, page 7. 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 23205) 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 rezoning from R-O to B- 2M for the two proposed commercial lots supports urban growth by encouraging the City’s 71 Staff Report for the Nexus Point Zone Map Amendment Page 25 of 48 goal of developing well-planned walkable neighborhoods. This rezoning will allow for needed supportive commercial services to be developed, supporting economic health and vibrancy of the city.” 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 west and south of the subject site. There are a number of new residential units being proposed and in construction west, south and east of the subject site. Gran Cielo to the west is actively in construction with single family homes, condominiums and apartment units. The Bennet site to the east has been rezoned to REMU which will consist of high-density housing. Across the street to the east there are proposals to develop high density residential units by S 19th and Graf Street. The subject site is also within proximity of other residential communities including Nexus Point Apartments, Homestead Buffalo Run, Meadow Creek, Southbridge, 19th & Graf Apartments, and Blackwood Groves. The applicant has stated there are over 900 dwelling units within walking and biking distance to the site that could help serve the proposed commercial component. There are existing recently constructed apartment buildings on 8.8 acres within the subject site where the applicant is requesting to rezone lots from R-O to R-4 as part of this application, which will be discussed in further detail below under zoning criteria for the proposed R-4 and PLI districts, on page 25. Municipal Code Section and Title Subject Related Documents When standard is applied 38.310 Permitted Uses What can be done where in the city. Growth policy Subdivision, site plan review, building permit 38.320 Form and Intensity Standards Standards for building placement and maximum size Subdivision, site plan review, building permit 38.320.060 Zone Edge Transitions Height adjustments on the edge of some zones Site plan 72 Staff Report for the Nexus Point Zone Map Amendment Page 26 of 48 38.340 Overlay District Standards Historic preservation SOI Standards for Historic Preservation, Design Guidelines for Historic Preservation Site plan and building permit 38.5 Project Design Site layouts, landscaping, building configuration, signs, lighting Site plan and building permit H. Character of the district. Criterion met. Section 76-2-302, MCA says “…legislative body may divide the municipality into districts of the number, shape, and area as are considered best suited to carry out the purposes [promoting health, safety, morals, or the general welfare of the community] of this part.” Emphasis added. This proposal amends the zoning map and not the text. Therefore, no element of this amendment modifies the standards of any zoning district. The character of the districts as created by those standards remains intact. As noted above, the City Commission has latitude in considering the geographical extents of a zoning district. Application of any municipal zoning district to the subject property will alter the existing character of the subject property which is approximately 40 acres of undeveloped land. It is not expected that zoning freeze the character of an area in perpetuity. Rather, it provides a structured method to consider changes to the character. The 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 i n 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.” 73 Staff Report for the Nexus Point Zone Map Amendment Page 27 of 48 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 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, however, there are a few commercial services directly north of the site located in the county. 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 applicant argues “The B-2M zoning will allow for development of supportive services to the surrounding residential areas. The subject properties are bounded by S 19th Avenue to the east, creating a substantial physical barrier to other neighborhoods. There are no services located on the west si de of S 19th Avenue. The B-2M zoning will facilitate a commercial area that can be a district focal point of the neighborhood, creating an identity for and promoting the character of the district.” Municipal Code Section and Title Subject Related Documents When standard is applied 38.310 Permitted Uses What can be done where in the city. Growth policy Subdivision, site plan review, building permit 38.320 Form and Intensity Standards Standards for building placement and maximum size Subdivision, site plan review, building permit 38.320.060 Zone Edge Transitions Height adjustments on the edge of some zones Site plan 38.340 Overlay District Standards Historic preservation SOI Standards for Historic Preservation, Design Guidelines Site plan and building permit 74 Staff Report for the Nexus Point Zone Map Amendment Page 28 of 48 for Historic Preservation 38.5 Project Design Site layouts, landscaping, building configuration, signs, lighting Site plan and building permit I. Peculiar suitability for particular uses. Criterion met. The 8.8 acres proposed to be R-4, which lie west of the two requested B-2M acreage, were recently constructed with apartment buildings. The lot south of the subject site is proposed to be PLI and was recently constructed as a public park. The intent of the undeveloped 1.23 acres with the requested zone district of B-2M is to provide neighborhood commercial and additional upper floor residential to serve the existing and proposed residential units within this larger south side region. The subject site is accessed by South 19 th Avenue and Arnold Street which are designated principal arterial and local streets. There are additional local streets providing access to the site including S 21st Avenue running north-south between Arnold Street and Graf Street, and Lantern Drive running east-west between Enterprise Boulevard and S 21st Avenue. These streets allow for multiple access points to the project site. The property has access to water lines and sewer extensions along Arnold 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. Municipal Code Section and Title Subject Related Documents When standard is applied 38.310 Permitted Uses What can be done where in the city. Growth policy Subdivision, site plan review, building permit 38.320 Form and Intensity Standards Standards for building placement and maximum size Subdivision, site plan review, building permit 38.600 Natural Resource Protection Protect watercourses and wetlands FEMA Floodplain study Subdivision, site plan review, building permit 75 Staff Report for the Nexus Point Zone Map Amendment Page 29 of 48 J. Conserving the value of buildings. Criterion met. The subject site was recently developed with eight apartment buildings comprised of 120 units. Phase II of the Nexus Point Master Site Plan is in the building permit phase and will consist of 142 units in three apartment buildings with a café to be located southwest of the subject site within the Nexus Point Subdivision. The proposed amendment is for 1.23 acres on the eastern side of the subject site to allow for commercial services to serve the existing and proposed residential development around the site. Additional 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. Criterion 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 (23205) is approved to change the land use designation for 1.23 acres 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 local 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 the city. The applicant argues “The existing development was built according to R-4 zoning standards and no commercial offices exist. The lots proposed to be zoned as B-2M are adjacent to S 19th Avenue, a major arterial street. This commercial zoning would provide needed commercial services to the surrounding and adjacent neighborhoods as well as serving as a distinct focal point for the neighborhood from S 19th Avenue.” As this analysis is based on the possible approval of th e 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. As previously mentioned, analysis in response to the requested R-4 and PLI zoning districts are following. 76 Staff Report for the Nexus Point Zone Map Amendment Page 30 of 48 Section 76-2-304, MCA (Zoning) Criteria (R-4 & PLI) 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.” 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 disco uraged. 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 77 Staff Report for the Nexus Point Zone Map Amendment Page 31 of 48 Correlation with Zoning Table the R-4 and PLI districts are implementing districts 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 states “The Urban Neighborhood category primarily includes urban density homes and correlates with a variety of zoning districts including the proposed R-4 zoning for the Phase I apartments. The Phase I apartments are currently zoned R-O and although Urban Neighborhood also allows for this zoning, R-4 is a more appropriate zone for these lots as these lots have been built according to R-4 zoning standards and contain no commercial use. In addition, every existing adjacent apartment complex is zoned R-4.” 78 Staff Report for the Nexus Point Zone Map Amendment Page 32 of 48 Staff concurs with the applicant regarding the intent and purpose of the R-O and R-4 districts, and suggesting R-4 as a more appropriate zone district for the existing uses. 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-1.2 Increase required minimum densities in residential districts. R-4 offers slightly higher minimum density requirements than R-O. The applicant has indicated the existing development was constructed to R-4 standards. N-1.10 Increase connectivity between parks and neighborhoods through continued trail and sidewalk development. Prioritize closing gaps within the network. The existing apartment units and public park were constructed in 2022 as their Phase I development. The park offers connecting walkways to newly development apartments to the north and additional access points to the park for residents in nearby residential neighborhoods to the west and south. Staff concurs with a number of these identified goals and objectives. 19 th Avenue is a designated primary arterial and Arnold Street is a designated local street that could serve a mixed-use district with apartment units and the proposed commercial component. The intent of the R-4 district is to provide for high-density residential development through a variety of housing types within the city with associated service functions. The existing apartment buildings and clubhouse serve a growing need for rental units. The clubhouse and public park provide recreational and social opportunities for existing and future residents. B. Secure safety from fire and other dangers. Criterion met. The subject property is currently served by City of Bozeman Fire and Police Departments. The sites proposed to be rezoned to R-4 and PLI have been recently developed as part of the Nexus Point Phase I Site Plan application (19262). 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-O to R-4 and PLI 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. Municipal Code Section and Title Subject Related Documents When standard is applied 18.02 International Fire code Adopt standards for fire prevention and control Fire/EMS master plan, International Fire Code Site plan and building permit 79 Staff Report for the Nexus Point Zone Map Amendment Page 33 of 48 38.400 Transportation Facilities and Access Streets standards for size and construction Transportation Master Plan Subdivision or site plan review 38.400.010 Streets, general Access for emergency services Transportation Master Plan Subdivision or site plan. 38.410.090 Fire protection requirements Development design Fire/EMS master plan, International Fire Code Subdivision, Site plan, and building permit 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. The Nexus Point approved Master Site Plan (application 19263) required necessary infrastructure prior to future development satisfying many of these requirements when constructing the existing multi-family development. 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. Municipal Code Section and Title Subject Related Documents When standard is applied 18.02 International Fire code Adopt standards for fire prevention and control Fire/EMS master plan, International Fire Code Site plan and building permit 38.400 Transportation Facilities and Access Streets standards for size and construction Transportation Master Plan Subdivision or site plan review 38.410.070 Municipal water, sewer systems Location and requirement to install. Sewer collection facilities plan, Water facilities plan Subdivision or site plan. 80 Staff Report for the Nexus Point Zone Map Amendment Page 34 of 48 38.410.090 Fire protection requirements Development design Fire/EMS master plan, International Fire Code Subdivision, Site plan, and building permit 38.420 Parks Standards for location, type, and development of parks and trails Park, Recreation, and Active Transportation Plan Subdivision or site plan review 38.5 Project Design Site layouts, landscaping, building configuration, signs, lighting Site plan and building permit D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. Criterion met. The applicant states “Current development on this parcel proposed to be rezoned to R-4 and PLI have been reviewed by the City of Bozeman for adequate provision of transportation, water, sewer, schools, parks, and other public requirements as specified in the city’s development and engineering standards. If it is determined during the City’s review process that additional improvements are required to adequately serve the proposed development, those improvements would be required to be constructed and/or pay impact fees, assessments, and taxes to support transportation, water, sewer, school, parks, and other public requirements.” 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, 81 Staff Report for the Nexus Point Zone Map Amendment Page 35 of 48 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 adjacent residential and commercial districts. Most of the site has been recently developed with residential units and a public park. Additional improvements required to serve the proposed commercial development on the B-2M lots will be determined with this and subsequent applications prior to development and shall conform to regulations contained the Bozeman Municipal Code. 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.” Municipal Code Section and Title Subject Related Documents When standard is applied 18.02 International Fire code Adopt standards for fire prevention and control Fire/EMS master plan, International Fire Code Site plan and building permit 38.400 Transportation Facilities and Access Streets standards for size and construction Transportation Master Plan Subdivision or site plan review 38.410.060 Easements Location and form of easements for utilities Transportation Master Plan, Sewer collection facilities plan, Water facilities plan Annexation for collector and arterial streets. Subdivision or site plan for all others. 82 Staff Report for the Nexus Point Zone Map Amendment Page 36 of 48 38.410.070 Municipal water, sewer systems Location and requirement to install. Sewer collection facilities plan, Water facilities plan Subdivision or site plan. 38.410.090 Fire protection requirements Development design Fire/EMS master plan, International Fire Code Subdivision, Site plan, and building permit 38.420 Parks Standards for location, type, and development of parks and trails Park, Recreation, and Active Transportation Plan Subdivision or site plan review E. Reasonable provision of adequate light and air. Criterion met. The R-4 and PLI districts provide 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 and existing development of the property is 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. Municipal Code Section and Title Subject Related Documents When standard is applied 38.320 Form and Intensity Standards Standards for building placement and maximum size Subdivision, site plan review, building permit 38.420 Parks Standards for location, type, and Park, Recreation, and Active Transportation Plan Subdivision or site plan review 83 Staff Report for the Nexus Point Zone Map Amendment Page 37 of 48 development of parks and trails 38.520.060 On-site residential and commercial open space Private land open area requirements Site plan F. The effect on motorized and non-motorized transportation systems. Criterion met. As previously mentioned, the site has been recently developed with apartment buildings as part of their master site plan and site plan applications. At a future date, if there is a proposal for additional or new development within the R-4 district, the proposal will be reviewed for impacts to the City’s motorized and non-motorized transportation system with increased traffic and vehicle trips along South 19th Avenue and Graf Street. The proposed zoning will allow for a slightly higher density of uses than is currently allowed under R-O 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 developm ent 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. The subject properties are within the City’s land use, transportation, parks, an d 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. 84 Staff Report for the Nexus Point Zone Map Amendment Page 38 of 48 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 local street (Arnold Street), both of which have capacity to carry additional traffic. Municipal Code Section and Title Subject Related Documents When standard is applied 38.400 Transportation Facilities and Access Streets standards for size and construction Transportation Master Plan Subdivision or site plan review 38.410.060 Easements Location and form of easements for utilities Transportation Master Plan, Annexation for collector and arterial streets. Subdivision or site plan for all others. 38.420.110 Recreation Pathways Location and requirement to install. Park, Recreation, and Active Transportation Plan Annexation for Class 1 Trails easement. Subdivision or site plan for all else. 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 areas proposed for R-4 and PLI zoning are implementing zone districts within Urban Neighborhood. The intent of the R-4 district is to provide for high-density residential 85 Staff Report for the Nexus Point Zone Map Amendment Page 39 of 48 development through a variety of housing types in newly developed areas. The intent of the PLI district is to provide for major public and quasi-public uses outside of other districts. Design standards emphasizing pedestrian-oriented design are important elements of this district. Use of this zone is appropriate for areas adjacent to mixed-use districts and/or served by transit to accommodate a higher density of residents in close proximity to jobs and services. The existing development within the proposed R-4 district provides high density residential units to help meet the housing needs of the south side area. South and west of the site are parcels zoned R-5 and R-4 where a number of new residential units are being proposed and in construction. The public park to the southeast corner will be accessible from these future developments to the south and west as well increasing connectivity between adjacent neighborhoods. The applicant states “the proposed zoning change of R-O to R-4 covers lots that were built according to R-4 standards with no commercial office uses and is appropriate zoning under the currently assigned land use of “Urban Neighborhood”. In addition, adjacent apartment developments located south of Nexus Point are all zoned R-4.” Municipal Code Section and Title Subject Related Documents When standard is applied 38.310 Permitted Uses What can be done where in the city. Growth policy Subdivision, site plan review, building permit 38.320 Form and Intensity Standards Standards for building placement and maximum size Subdivision, site plan review, building permit 38.320.060 Zone Edge Transitions Height adjustments on the edge of some zones Site plan 38.340 Overlay District Standards Historic preservation SOI Standards for Historic Preservation, Design Guidelines for Historic Preservation Site plan and building permit 38.5 Project Design Site layouts, landscaping, building configuration, signs, lighting Site plan and building permit 86 Staff Report for the Nexus Point Zone Map Amendment Page 40 of 48 H. Character of the district. Criterion met. Section 76-2-302, MCA says “…legislative body may divide the municipality into districts of the number, shape, and area as are considered best suited to carry out the purposes [promoting health, safety, morals, or the general welfare of the community] of this part.” Emphasis added. This proposal amends the zoning map and not the text. Therefore, no element of this amendment modifies the standards of any zoning district. The character of the districts as created by those standards remains 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.” Residential High Density district (R-4) 1. 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….Use of this zone is appropriate for areas adjacent to mixed use districts, commercial districts, and/or served by transit to accommodate a higher density of residents in close proximity to jobs and services. The site proposed for R-4 and PLI zoning has recently been developed with high density housing using R-4 standards. The public park is located in the southeast corner with access points to adjacent developments north, west, and south of the site. Should this site be redeveloped, the City has adopted many standards to identify and avoid or mitigate demonstrable negative impacts of development. Therefore, this criterion is met. 87 Staff Report for the Nexus Point Zone Map Amendment Page 41 of 48 Municipal Code Section and Title Subject Related Documents When standard is applied 38.310 Permitted Uses What can be done where in the city. Growth policy Subdivision, site plan review, building permit 38.320 Form and Intensity Standards Standards for building placement and maximum size Subdivision, site plan review, building permit 38.320.060 Zone Edge Transitions Height adjustments on the edge of some zones Site plan 38.340 Overlay District Standards Historic preservation SOI Standards for Historic Preservation, Design Guidelines for Historic Preservation Site plan and building permit 38.5 Project Design Site layouts, landscaping, building configuration, signs, lighting Site plan and building permit I. Peculiar suitability for particular uses. Criterion met. The 8.8 acres proposed to be R-4 were recently constructed with apartment buildings according to R-4 standards. The lot south of the subject proposed to be PLI was recently constructed as a public park. The subject site is accessed by South 19 th Avenue and Arnold Street which are designated principal arterial and local streets. There are additional local streets providing access to the site including S 21st Avenue running north-south between Arnold Street and Graf Street, and Lantern Drive running east-west between Enterprise Boulevard and S 21st Avenue. These streets allow for multiple access points to the project site. The property has access to water lines and sewer extensions along Arnold Street and is currently served by the City of Bozeman Police and Fire Departments. As previously stated, there are additional apartments that will be constructed south and west of the site that will benefit from the public park and neighborhood commercial within the proposed B-2M areas. Ultimately final determination of suitability will occur during the site development process. 88 Staff Report for the Nexus Point Zone Map Amendment Page 42 of 48 Municipal Code Section and Title Subject Related Documents When standard is applied 38.310 Permitted Uses What can be done where in the city. Growth policy Subdivision, site plan review, building permit 38.320 Form and Intensity Standards Standards for building placement and maximum size Subdivision, site plan review, building permit 38.600 Natural Resource Protection Protect watercourses and wetlands FEMA Floodplain study Subdivision, site plan review, building permit J. Conserving the value of buildings. Criterion met. The subject site was recently developed with eight apartment buildings comprised of 120 total units. Phase II of the Nexus Point Master Site Plan is in the building permit phase and will consist of 142 units in three apartment buildings with a café to be located southwest of the subject site within the Nexus Point Subdivision. The amendment does not modify the existing standards of the R-4 and PLI districts. Should there be future redevelopment of the site, it must comply with the Bozeman Unified Developme nt 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 R-4 and PLI districts 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 allows R-4 and PLI as implementing zone districts. The location of this site with access to an existing primary arterial and local 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 the city. The applicant argues “The proposed zone map amendment will encourage the most appropriate use of land throughout the jurisdictional area. The existing development was built according to R-4 zoning standards and no commercial offices exist. R-4 zoning matches the zoning of apartment developments in the surrounding areas.” 89 Staff Report for the Nexus Point Zone Map Amendment Page 43 of 48 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 the application number, a description of the action protested sufficient to identify the action against which the protest is lodged; and (ii) contain a statement of the prote stor's qualifications (including listing all owners of the property and the physical address), to protest the action against which the protest is lodged, including ownership of property affected by the action. Signers are encouraged to print their names af ter 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 to rezone the subject site from R-O (Residential Office) into three zone districts, R-4 (Residential High Density District) (8.08 acres), B-2M (Community Business District-Mixed) (1.23 acres), and PLI (Public Lands and Institutions) (1.26 acres) consisting of approximately 11.29 acres. This request requires an amendment to the future land use map from Urban Neighborhood to Community Commercial Mixed Use to allow B-2M on the subject site. Currently the entire lot has a designation of Urban Neighborhood. In order to rezone the 1.23 acres to B-2M, the land use designation on the acreage will need to be changed from Urban Neighborhood to Community Commercial Mixed Use. A Growth Policy Amendment (application 23205) must be approved prior to approval of the requested zone map amendment. Staff’s analysis for the B-2M request is based on the assumption of approval of GPA application (23205). Prior to the approved Major Subdivision Preliminary Plat, Nexus Point was a single 20 acre lot zoned R-O. The subject site was recently developed with eight apartment buildings comprised of 120 total dwelling units as part of the Phase I approval (application 19263). Located southwest of 90 Staff Report for the Nexus Point Zone Map Amendment Page 44 of 48 the lots proposed to be rezoned but within the same subdivision (Nexus Point), is Phase II of the Nexus Point Master Site Plan. Phase II is currently being reviewed as a building permit that will consist of 3 apartment buildings containing 142 units and a ground floor café. The site is within proximity of other residential communities including Gran Cielo, Homestead at Buffalo Run, Meadow Creek, Southbridge, South Range Crossing, and Blackwood Groves. The existing and future residential communities offer a wide variety of housing options both rental and for sale. 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 rebuttable presumption that the uses set forth for each district will be compatible with each other both within the individual districts and to adjoining zoning districts when the standards of this chapter are met and any applicable conditions of approval have been satisfied. Additional requirements for development apply within overlay districts. 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 February 24, 2024 and March 2, 2024. 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 March 18, 2024, and the City Commission public hearing is scheduled for April 2, 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 property is designated as “Urban Neighborhood” in the Bozeman Community Plan 2020. “This category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single type of housing are discouraged. In limited instances, an area may develop at a lower gross density due to site constraints and/or natural features such as floodplains or steep slopes. Complementary uses such as parks, home-based occupations, fire stations, churches, schools, and some neighborhood-serving commerce provide activity centers for community gathering and services. The Urban Neighborhood designation indicates that development is expected 91 Staff Report for the Nexus Point Zone Map Amendment Page 45 of 48 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 R-4, Residential High Density district whose intent is to: Residential High Density District (R-4). The intent of the R-4 residential high density district is to provide for high-density residential development through a variety of housing types within the city with associated service functions. This purpose is accomplished by: 1. Providing for minimum lot sizes in developed areas consistent with the established development patterns while providing greater flexibility for clustering lots and mixing housing types in newly developed areas. 2. Providing for a variety of compatible housing types, including single and multi- household dwellings to serve the varying needs of the community’s residents. 3. Allowing office use as a secondary use, measured by percentage of total building area. Use of this zone is appropriate for areas adjacent to mixed -use districts, commercial districts, and/or served by transit to accommodate a higher density of residents in close proximity to jobs and services. 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 R-4 correlates with the Growth Policy’s future land use designation of “Urban Neighborhood”. The applicant has requested zoning of PLI, Public Lands and Institutions district whose intent is to: “The intent of the PLI public lands and institutions district is to provide for major public and quasi-public uses outside of other districts. Not all public and quasi-public uses need to be classified PLI. Some may fit within another district, however, larger areas will be designated PLI. 92 Staff Report for the Nexus Point Zone Map Amendment Page 46 of 48 APPENDIX D - PROJECT GROWTH POLICY AND PROPOSED ZONING Adopted Growth Policy Designation (assuming the GPA application has been approved- #23205): The property is designated as “Community Commercial Mixed Use” in the Bozeman Community Plan. Note and describe relevant growth policy components. “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 a verage of 14 to 22 dwelling units per net acre.” 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. 93 Staff Report for the Nexus Point Zone Map Amendment Page 47 of 48 Table 4 of the Bozeman Community Plan 2020 shows the correlation between future land use map designations and implementing zoning districts. (see below for the Table) 94 Staff Report for the Nexus Point Zone Map Amendment Page 48 of 48 APPENDIX E - OWNER INFORMATION AND REVIEWING STAFF Owner: Nexus Point LLC, 3661 Jagar Lane, Bozeman MT 59718 Applicant: Madison Engineering, 895 Technology Blvd. #203, Bozeman, MT 59718 Representative: Steve Moore, 3661 Jagar Lane, Bozeman, MT 59718 Report By: Elizabeth Cramblet, Associate Planner FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Annexation or Zone Map Amendment. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. In addition, application materials can be viewed on the City’s development map at the following link: Application 23204 (External Link) 95 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 April 1, 2024, Community Development Board Meeting. MEETING DATE:March 18, 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 development review items are presently scheduled for the April 1, 2024, Community Development Board meeting: 1. Urban Farm preliminary plat, Application 23039, considered in capacity as Planning Board. 2. Water Conservation municipal code text amendment, Application 23343, considered in capacity as Planning Board and as Zoning Commission. UNRESOLVED ISSUES:None. ALTERNATIVES:None. FISCAL EFFECTS:None. Report compiled on: March 13, 2024 96