Loading...
HomeMy WebLinkAbout08-19-24 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: Â 08-05-24 08-12-24(Sagstetter) E. Special Presentations E.1 2025 Stormwater Facilities Plan Update (Oliver) F. Action Items THE COMMUNITY DEVELOPMENT BOARD OF BOZEMAN, MONTANA CDB AGENDA Monday, August 19, 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 comments@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 Chris Saunders, csaunders@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 Approve 1 F.1 The Rest Stop Zone Map Amendment Requesting Amendment of the City Zoning Map to Change the Zoning from M-1 (Light Manufacturing District) to B-2 (Community Business District) Containing Approximately 10.05 Acres. The Property is Located on the East Side of North 19th Avenue, South of the 19th Avenue/Springhill Road Offramp off Interstate 90 Interchange and North of Simmental Way. Application 24185.(Saunders) F.2 Training on Impact Fees and Board Role as the Impact Fee Advisory Committee.(Saunders) F.3 Discussion on Capital Improvement Program Development for Transportation Impact Fee(Ross) G. Public Comments on Non-agenda Items Falling within the Purview and Jurisdiction of the Board H. FYI/Discussions H.1 Upcoming Items for the September 9, 2024, Community Development Board Meeting.(Saunders) I. Adjournment Meets standards for approval. Discussion and information exchange with Director of Transportation and Engineering. This is the time to comment on any non-agenda matter falling within the scope of the Community Development Board. There will also be time in conjunction with each agenda item for public comment relating to that item but you may only speak once per topic. Please note, the Community Development Board cannot take action on any item which does not appear on the agenda. All persons addressing the Community Development Board shall speak in a civil and courteous manner and members of the audience shall be respectful of others. Please state your name, and state whether you are a resident of the city or a property owner within the city 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. City Board meetings are open to all members of the public. If you have a disability that requires assistance, please contact our Acting ADA Coordinator, Max Ziegler, at 406.582.2439 2 Memorandum REPORT TO:Community Development Board FROM:Sam Sagstetter - Community Development. SUBJECT:Approval of Minutes: 08-05-24 08-12-24 MEETING DATE:August 19, 2024 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:Approve STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:None. UNRESOLVED ISSUES:None. ALTERNATIVES:Approve with FISCAL EFFECTS:None. Attachments: 080524 CDB Minutes.pdf 081224 CDB Minutes.pdf Report compiled on: August 15, 2024 3 Bozeman Community Development Meeting Minutes, 8/5/2024 Page 1 of 3 THE COMMUNITY DEVELOPMENT MEETING OF BOZEMAN, MONTANA MINUTES 8/5/2024 General information about the Community Development Board is available in our Laserfiche repository. Present: Jason Delmue, Mark Egge, Chris Egnatz, Nicole Olmstead, Jen Madgic, Padden Guy Murphy, Ben Lloyd, Henry Happel A) 00:04:50 Call to Order - 6:00 pm B) 00:05:40 Disclosures C) Changes to the Agenda D) Public Service Announcements E) Approval of Minutes F) Consent Items G) Special Presentations H) 00:06:30 Action Items H.1 00:07:21 The Bozeman Health Services Subarea Plan Growth Policy Amendment Application to Amend the Bozeman Community Plan 2020 and the Future Land Use Map and Integrate as a “Neighborhood” of the BCP2020. The Plan Area is Approximately 560 Acres including the Bozeman Health Hospital Campus and the Knolls at Hillcrest Development West of Highland Boulevard, the Open Areas Generally Bounded by Highland Boulevard to the West, Kagy Boulevard on the South, Haggarty Lane and Bozeman Trail to the East, and Ellis Street to the North. The Application Includes a Variety of Future Land Use Designations, Application 24118 24118 BZN Health GPA CDB SR.pdf 00:08:15 Planner Tom Rogers presents to the board. 00:44:05 Applicant Chris Naumann presents to the board. 4 Bozeman Community Development Meeting Minutes, 8/5/2024 Page 2 of 3 01:37:34 Adam Johnson provides public comment. 01:39:51 Daniel Carty provides public comment. 01:41:01 Noah P. provides public comment. 01:44:44 Nicole Edwards provides public comment. 01:48:04 Stacy Jackson provides public comment. 01:54:18 Motion to approve Consider the Motion - Community Development Board Motion (Plan): 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 Bozeman Health Sub-Area Plan Growth Policy Amendment, application 24118. Jason Delmue: Motion Mark Egge: 2nd 02:08:54 Vote on the Motion to approve Consider the Motion - Community Development Board Motion (Plan): 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 Bozeman Health Sub-Area Plan Growth Policy Amendment, application 24118. The Motion carried 8 - 0. Approve: Jason Delmue Mark Egge Chris Egnatz Nicole Olmstead Jen Madgic Padden Guy Murphy Ben Lloyd Henry Happel Disapprove: None 02:09:30 Motion to approve Consider the Motion - Community Development Board Motion (Future Land Use Map): 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 Bozeman Health Sub-Area Plan Future Land Use Map Growth Policy Amendment, application 24118. 5 Bozeman Community Development Meeting Minutes, 8/5/2024 Page 3 of 3 Jason Delmue: Motion Nicole Olmstead: 2nd 02:20:34 Vote on the Motion to approve Consider the Motion - Community Development Board Motion (Future Land Use Map): 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 Bozeman Health Sub-Area Plan Future Land Use Map Growth Policy Amendment, application 24118. The Motion carried 8 - 0. Approve: Jason Delmue Mark Egge Chris Egnatz Nicole Olmstead Jen Madgic Padden Guy Murphy Ben Lloyd Henry Happel Disapprove: None I) 02:22:53 Public Comments on Non-agenda Items Falling within the Purview and Jurisdiction of the Board 02:23:30 Allison Sweeny provides public comment. 02:26:38 Daniel Carty provides public comment. J) 02:21:28 FYI/Discussions J.1 02:29:36 Upcoming Items for the August 19, 2024, Community Development Board Meeting. J.2 02:31:07 Affordable Housing Ordinance (AHO) Work Session 02:31:15 David Fine presents to the board. K) 03:45:32 Adjournment This board generally meets the first and third Monday of the month from 6:00 pm to 8:00 pm. 6 Bozeman Community Development Meeting Minutes, 8/12/2024 Page 1 of 2 THE COMMUNITY DEVELOPMENT MEETING OF BOZEMAN, MONTANA MINUTES 8/12/2024 Present: Nicole Olmstead, Henry Happel, Padden Guy Murphy, Chris Egnatz, Jennifer Madgic, Jason Delmue, Ben Lloyd, Mark Egge A) 00:02:19 Call Special Meeting to Order - 6:00 pm B) 00:03:00 Disclosures C) 00:03:06 Changes to the Agenda D) 00:03:31 Public Comments on Non-agenda Items Falling within the Purview and Jurisdiction of the Board E) Action Items E.1 00:04:37 Affordable Housing Ordinance (AHO) Work Session AHO Boards Presentation 8-2024 v2.pdf 00:04:41 David Fine presents to the board. 02:43:34 David Lostaf provides public comment. 02:51:51 Mark Campenelli provides public comment. 02:54:02 Suki Nakamara provides public comment. 02:56:16 Alison Sweeny provides public comment. 02:59:32 Daniel Cardi provides public comment. 03:03:39 Emily Talago provides public comment. 03:04:51 Noah Ten Broek provides public comment. F) 03:11:23 FYI/Discussions F.1 03:11:28 Upcoming Items for the August 19, 2024, Community Development Board Meeting. 7 Bozeman Community Development Meeting Minutes, 8/12/2024 Page 2 of 2 G) 03:11:55 Adjournment This board generally meets the first and third Monday of the month from 6:00 pm to 8:00 pm. 8 Memorandum REPORT TO:Community Development Board FROM:Shawn Kohtz, Utilities Director Adam Oliver, Stormwater Program Manager SUBJECT:2025 Stormwater Facilities Plan Update MEETING DATE:August 19, 2024 AGENDA ITEM TYPE:Plan/Report/Study RECOMMENDATION:Special Presentation, no action needed at this time STRATEGIC PLAN:6.1 Clean Water Supplies: Ensure adequate supplies of clean water for today and tomorrow. BACKGROUND:The City of Bozeman is developing a Stormwater Facilities Plan update to improve existing stormwater policies, plan future capital infrastructure investments, and improve collaboration with other City projects. The need for an updated Stormwater Facilities Plan is in response to rapid community growth, evolving regulations, changing industry best practices, and acquired storm sewer system information. The updated Stormwater Facilities Plan will help ensure the Stormwater Division continues to protect public safety, improve water quality, and comply with state and federal regulations. The goals of an updated Stormwater Facilities Plan include: • Update and improve stormwater post-construction policies, • Plan future water quality improvement projects, • Plan future flood control infrastructure projects, • Offer state and federal regulatory compliance guidance, • Identify future staffing needs, and • Provide Stormwater Utility funding recommendations. UNRESOLVED ISSUES:None ALTERNATIVES:As recommended by the Board. FISCAL EFFECTS:The scope and budget are complete and approved through the Capital Improvement Plan project STDM17 Report compiled on: July 23, 2024 9 Memorandum REPORT TO:Community Development Board FROM:Elizabeth Cramblet, Associate Planner Chris Saunders, Community Development Manager Erin George, Interim Community Development Director SUBJECT:The Rest Stop Zone Map Amendment Requesting Amendment of the City Zoning Map to Change the Zoning from M-1 (Light Manufacturing District) to B-2 (Community Business District) Containing Approximately 10.05 Acres. The Property is Located on the East Side of North 19th Avenue, South of the 19th Avenue/Springhill Road Offramp off Interstate 90 Interchange and North of Simmental Way. Application 24185. MEETING DATE:August 19, 2024 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:Meets standards for approval. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:The application includes a proposal to rezone the subject site which includes 3 parcels and adjacent right of way from M-1 (Light Manufacturing District) to B-2 (Community Business District) containing approximately 10.05 acres. The subject site was formerly the I-90 Rest Area in Bozeman run by the State of Montana (MDT), which officially closed on May 1, 2023. There are several buildings on the subject site which will eventually be demolished upon future development. The site is located on the east side of North 10th Avenue below I-90 Interchange and north of Simmental Way. Nearby municipal zoning to the east and south is B-2 (Community Business District) and north and east is zoned M-2 (Manufacturing and Industrial District). Application materials are available at the City's website [external link]. See the attached staff report for analysis of compliance with state adopted amendment criteria. UNRESOLVED ISSUES:There are no identified conflicts on this application at this time. ALTERNATIVES:1. Recommend approval of the application; 10 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: 24185 Rest Stop ZMA CDB SR.pdf Report compiled on: August 14, 2024 11 Page 1 of 29 24185 Staff Report for the Rest Stop Zone Map Amendment Public Hearings: Community Development Board (Zoning Commission) meeting is on August 19, 2024, at 6:00 pm. City Commission meeting is on September 24, 2024, at 6:00 pm. Project Description: The Rest Stop Zone Map Amendment requesting amendment of the City Zoning Map to change the zoning from M-1 (Light Manufacturing District) to B- 2 (Community Business District) containing 10.05 acres. Project Location: The subject site is located on the east side of North 19th Avenue, south of the 19th Avenue/Springhill Road offramp off Interstate 90 and north of Simmental Way, and legally described as Remainder Lots 1, 2, & 3 Tract 1 of the Gardiner Simmental Subdivision, Plat J-5, located in the Southeast One-quarter of Section 11, Township 1 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana. 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 24185 and move to recommend approval of the Rest Stop 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 24185 and move to approve the Rest Stop Zone Map Amendment subject to contingencies required to complete the application processing. Report: August 14, 2024 Staff Contact: Elizabeth Cramblet, Associate Planner Agenda Item Type: Action – Legislative 12 Staff Report for the Rest Stop Zone Map Amendment Page 2 of 29 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. Project Summary The application includes a proposal to rezone the subject site which includes 3 parcels and adjacent right of way from M-1 (Light Manufacturing District) to B-2 (Community Business District) containing approximately 10.05 acres. The subject site was formerly the I-90 Rest Area in Bozeman run by the State of Montana (MDT), which officially closed on May 1, 2023. There are several buildings on the subject site which will eventually be demolished upon future development. The site is located on the east side of North 19th Avenue below I-90 and north of Simmental Way. Nearby municipal zoning to the east and south is B-2 (Community Business District) and north and east is zoned M-2 (Manufacturing and Industrial District). In determining whether the criteria applicable to this application are met, Staff considers the entire body of plans and regulations for land development. Standards which prevent or mitigate possible negative impacts are incorporated in many locations in the municipal code but are principally in Chapter 38, Unified Development Code. References in the text of this report to Articles, Divisions, or in the form xx.xxx.xxx are to the Bozeman Municipal Code. Application materials can be viewed on the City’s development map at the following link: Application 24185 (External Link) 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. 13 Staff Report for the Rest Stop Zone Map Amendment Page 3 of 29 TABLE OF CONTENTS EXECUTIVE SUMMARY ................................................................................................ 2 Unresolved Issues ........................................................................................................ 2 Project Summary.......................................................................................................... 2 Alternatives.................................................................................................................. 2 SECTION 1 - MAP SERIES .............................................................................................. 4 SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMEN....... 9 SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 9 SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS .......... 10 Section 76-2-304, MCA (Zoning) Criteria ................................................................... 10 PROTEST NOTICE FOR ZONING AMENDMENTS ..................................................... 25 APPENDIX A - NOTICING AND PUBLIC COMMENT................................................. 25 APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING .................. 26 APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF .......................... 29 FISCAL EFFECTS .......................................................................................................... 29 ATTACHMENTS ........................................................................................................... 29 14 Staff Report for the Rest Stop Zone Map Amendment Page 4 of 29 SECTION 1 - MAP SERIES Figure 1: Project Vicinity Map (2023 image) Project Site 15 Staff Report for the Rest Stop Zone Map Amendment Page 5 of 29 Figure 2: Future Land Use Designations (2023 image) Industrial Community Commercial Mixed Use Regional Commercial and Services Project Site Public Institutions Urban Neighborhood Community Commercial Mixed Use 16 Staff Report for the Rest Stop Zone Map Amendment Page 6 of 29 Figure 3: Current Zoning Map (2023 image) Subject Property 17 Staff Report for the Rest Stop Zone Map Amendment Page 7 of 29 Figure 4: Applicant proposed zoning map (2023 image) Project Site Project Site 18 Staff Report for the Rest Stop Zone Map Amendment Page 8 of 29 Figure 5: Map of Current Planning Projects (2023 image) SRX Site Plan SRX ZMA Gran Cielo II Gran Cielo MSP Project Site 19 Staff Report for the Rest Stop Zone Map Amendment Page 9 of 29 SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT Please note that these contingencies are necessary for the city to complete the process of the proposed amendment. These contingencies only apply in the event that the related annexation request has previously been approved. Recommended Contingencies of Approval: 1. That all documents and exhibits necessary to establish an initial municipal zoning designation of B-2 shall be identified as the “Rest Stop Zone Map Amendment.” All required documents must be returned to the City within 60 days of the City Commission action to annex the property or the preliminary approval shall be null and void. 2. That the applicant must submit a Zone Amendment map, titled “Rest Stop 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-way 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. 3. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant provides an editable metes and bounds legal description for each zoning district prepared by a licensed Montana surveyor. SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS Zone Map Amendment Having considered the criteria established for a zone map amendment, the Staff recommends approval as submitted. 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 August 19, 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. The City Commission will hold a public hearing on the zone map amendment on September 10, 2024. The meeting will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin at 6 p.m. 20 Staff Report for the Rest Stop Zone Map Amendment Page 10 of 29 SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications for plan approval under this title, the advisory boards and City Commission must consider the following criteria (letters A-K). As an amendment is a legislative action, the Commission has broad latitude to determine a policy direction. The burden of proof that the application should be approved lies with the applicant. A zone map amendment must be in accordance with the growth policy (criteria A) and be designed to secure safety from fire and other dangers (criteria B), promote public health, public safety, and general welfare (criteria C), and facilitate the provision o f 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 the requested B-2 district. Section 76-2-304, MCA (Zoning) Criteria A. Be in accordance with a growth policy. Criterion met. The BCP 2020, Chapter 5, p. 73, in the section titled Review Criteria for Zoning Amendments and Their Application, discusses how the various criteria in 76-2-304 MCA are applied locally. Application of the criteria varies depending on whether an amendment is for the zoning map or for the text of Chapter 38, BMC. The first criterion for a zoning amendment is accordance with a growth policy. Future Land Use Map The proposed amendment is a change to the zoning map. Therefore, it is necessary to analyze compliance with the future land use map. Chapter 3 of the BCP 2020 addresses the future land use map. The introduction to that chapter discusses the importance of the chapter. Following are some excerpts. “Future land use is the community’s fundamental building block. It is an illustration of the City’s desired outcome to accommodate the complex and diverse needs of its residents.” 21 Staff Report for the Rest Stop Zone Map Amendment Page 11 of 29 “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 Regional Commercial and Services. The Regional Commercial and Services designation description reads: “Regionally significant developments in this land use category may be developed with physically large and economically prominent facilities requiring substantial infrastructure and location near significant transportation facilities. Due to the scale of these developments, location, and transition between lower density uses is important. Residential space should be located above the first floor to maintain land availability for necessary services. Development within this category needs well-integrated utilities, transportation, and open space networks that encourage pedestrian activity and provide ready access within and adjacent to development. Large community scale areas in this land use category are generally 75 acres or larger and are activity centers for several surrounding square miles. These are intended to service the overall community as well as adjacent neighborhoods and are typically distributed by a one- to two-mile separation.” 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-2 district is an implementing district of the Regional Commercial and Services category. 22 Staff Report for the Rest Stop Zone Map Amendment Page 12 of 29 Goals and Policies A zoning amendment is also evaluated against the goals and policies of the BCP 2020. Most of the goals and policies are not applicable to this application. Relevant goals and objectives have been identified by staff. 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. 23 Staff Report for the Rest Stop Zone Map Amendment Page 13 of 29 Below are goals and objectives that are broadly served with this application. These include: Goal DCD-1: Support urban development within the City. DCD-1.1 Evaluate alternatives for more intensive development in proximity to high visibility corners, services, and parks. The B-2 district supports higher density and mixed-use developments in appropriate sites. The subject site is conveniently located off Interstate 90 and located where N 19th Avenue and E Valley Center Road connect. The site was previously a rest stop area for people travelling southbound on Interstate 90. High intensity development at this site would be visible from the highway and from E. Valley Center Road travelling eastbound towards N 19th Avenue. 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. Goal DCD-2.2: Support higher density development along main corridors and at high visibility street corners to accommodate population growth and support businesses. The property highlighted in this application is located adjacent to N 19th Avenue directly off Interstate 90. E. Valley Center Road connects with N 19th Avenue at the west end of the subject site offering several access points from the highway and within the city street network. N 19th Avenue and E. Center Valley Road are both designated primary arterial roads according to the Bozeman Transportation Master Plan 2017. Easy access off the freeway and close to arterial roads help support higher density development and accommodate higher traffic volumes. Large scale commercial is located west of N 19th Avenue with high density residential within a half mile to a mile of the subject site providing services to residents nearby. The intent of the B-2 district is to provide for a broad range of mutually supportive retail and service functions located in clustered areas bordered on one or more sides by limited access arterial streets. Multi-household dwellings, townhouses, and apartments are allowed as a secondary use due to their complementary nature and ability to enhance the walkability of these districts. 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. Existing commercial within a quarter mile of the subject site is located west and southwest across N 19th Avenue that includes both small and large- scale commercial uses. Just over a mile further west is high density residential uses that continues to develop additional units. 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. Water and sewer services are already installed and 24 Staff Report for the Rest Stop Zone Map Amendment Page 14 of 29 served the old rest stop for many years. 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 M-1 to B-2 is not likely to adversely impact safety from fire and other dangers. Building standards such as heights and setbacks were previously evaluated when the M-1 district was created and were found to be consistent with this criterion. The site is bounded by public roads on three sides. The applicant states “The proximity to North 19th Avenue and Interstate 90 interchange, along with Emergency Vehicle access to Simmental Way allows for multiple means of access for fire protection and emergency services. Additionally, the site will be developed under the most current building and fire codes.” 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 parks, control of storm water, and other features of the City’s development standards also advance the general welfare. Municipal services have been provided to the site for decades. The applicant suggests “The proximity to North 19th Avenue and Interstate 90 interchange, along with Emergency Vehicle access to Simmental way will allow for multiple means of 25 Staff Report for the Rest Stop Zone Map Amendment Page 15 of 29 ingress and egress. The access of the site to a fully signalized intersection at N 19 th Avenue and E. Valley Center Road will provide for safe and convenient public access. The use of this site for commercial tenants will add to the services found in the surrounding area and will thus continue an area of convenience for the community. Additionally, the site will be developed under the most current building and fire codes.” 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. 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 Article 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: 26 Staff Report for the Rest Stop Zone Map Amendment Page 16 of 29 “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, 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 property is within the City’s land use, transportation, parks, and utility planning areas. The site is within the infrastructure planning boundaries and has been developed with municipal services for many years. The 2025-2049 CIP [External Link] shows transportation system improvement projects on the intersection of E. Valley Center Road and 27th Avenue that will improve all mode transportation system capacity in the area. Additionally, a project to design and construct incomplete sections of a ten-foot shared use path along E Valley Center Road between Catron and Catamount will connect with existing shared use paths. Development consistent with City standards will improve connectivity of sidewalks to adjacent residential and commercial districts. The site is bounded by Interstate 90 to the east and undeveloped parcels to the south and northwest (both of which have applications being processed for development). Beyond the undeveloped parcels south and west is medium and large commercial development followed by high density residential housing further west. Additional improvements required to serve the proposed commercial development will be determined with this and subsequent applications prior to development and shall conform to regulations contained the Bozeman Municipal Code. The applicant further suggests “the property has fully signalized intersection access to N 19th Avenue and is adjacent to Interstate 90 interchange, the property is served by the City of Bozeman water service and wastewater services, is convenient to local schools and easily accessible for employees and community members who might be visiting local schools during their normal day to day movements and will facilitate connections to existing trails.” 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 27 Staff Report for the Rest Stop Zone Map Amendment Page 17 of 29 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.” 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- 2 site based on the proposed land use densities and proposed use. 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 M-1 to B-2 is expected to result in an increase in traffic demand. This report is currently being reviewed by city staff. A water and sewer technical memo was submitted with this 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 c onstruction 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. 28 Staff Report for the Rest Stop Zone Map Amendment Page 18 of 29 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 B-2 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 Park, Recreation, and Active Transportation Plan Subdivision or site plan review 29 Staff Report for the Rest Stop Zone Map Amendment Page 19 of 29 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. Potential future development within a zoning district of B-2 will affect the City’s motorized and non-motorized transportation system with increased traffic and vehicle trips along N 19th Avenue. The site is located adjacent to N 19th Avenue directly off Interstate 90. There are several ways to access the site including directly off Interstate 90 located about a quarter mile south down N 19th Avenue, off E. Valley Center Road which connects with N 19th Avenue at the west end of the subject site, and through Catamount Street which also connects with E. Valley Center Road. N 19th Avenue and E. Center Valley Road are both designated primary arterial roads according to the Bozeman Transportation Master Plan 2017 and Catamount Street is a designated minor arterial road. Easy access off the freeway and close to arterial roads help support higher density development and accommodate higher traffic volumes. The applicant argues “The proposed zoning will not affect the current motorized transportation system. The proposed zoning to B-2 will result in the use of the site for various commercial uses and closure of the MDT ‘rest area. The intersection of North 19th Avenue and E. Valley Center is currently fully built, signalized and in use. The rest area has been closed and traffic from future development is not expected to noticeably impact this intersection. The proposed zoning and subsequent site development will facilitate better-than-current connections to existing trails and non-motorized transportation systems.” The proposed zoning will allow for a moderately higher intensity of uses than is currently allowed under M-1 zoning districts. The former use of the site as a rest stop generated a diverse user mix including frequent semi-trucks, RVs, and other vehicles. 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. 30 Staff Report for the Rest Stop Zone Map Amendment Page 20 of 29 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. 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 may have an effect on required road improvements, pedestrian or bicycle facilities, or similar complianc e with standards which will be reviewed with new development. The site is adjacent to one primary arterial (19th Avenue). 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 31 Staff Report for the Rest Stop Zone Map Amendment Page 21 of 29 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 Regional Commercial and Services in the BCP 2020. This designation correlates with several zoning districts including the B-2 district proposed by the applicants. The district was 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 . The intent for the B-2 zone is to provide for a broad range of mutually supportive retail and service functions located in clustered areas bordered on one or more sides by limited access arterial streets. There is currently undeveloped land north and south and east of the site. There is considerable amount of commercial and residential uses across N 19th Avenue to the west. The B-2 district allows for a wide range of uses which allows for consideration of existing development to the west. The proposed zoning is in accordance with the Bozeman Community Plan’s future land use designation of Regional Commercial and Services. The site is bounded by large public streets on three sides that separate any future use from adjacent properties. The applicant provides additional support by stating “The new zoning promotes compatible urban growth by utilization of property at a signalized intersection and close to other like uses. This will provide additional services in an area convenient to other stops, thus reducing deadhead trips.” 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 32 Staff Report for the Rest Stop Zone Map Amendment Page 22 of 29 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 10 acres of land with existing structures that served the former rest stop area. 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 in the area, motorized and non-motorized transportation, and open spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design, density or use.” The city has adopted many standards to identify and avoid or mitigate demonstrable negative impacts of development. These will support the ability of future development in the proposed B-2 district to be compatible with the proposed adjacent mixed use and commercial districts, where both will help serve the expanding residential development to the west and provide services for visitors and those traveling within this area of the city. The property immediately to the south is the same B-2 as that being requested with this application. 33 Staff Report for the Rest Stop Zone Map Amendment Page 23 of 29 The applicant argues “This property is entirely surrounded by commercial and light industrial uses. North 19th Avenue at the intersection of Interstate 90 is an established regional commercial center. The requested zone map amendment to B-2 is in keeping with its neighbors to the north and west. The property to the east is state owned and is currently being developed with light industrial and commercial uses. To the south (beyond the undeveloped parcel directly south), property is zoned M-1 (Light Manufacturing District) and developed with a mix of commercial and light industrial uses.” 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. Future uses for construction on the site are not finalized at this time, so the suitability of the site for particular uses is not easily evaluated. All uses allowed in the B-2 district must be considered. The subject site is accessed by N 19th Avenue which is a designated principal arterial. Additional access points that connect with N 19th Avenue are the Interstate 90 interchange and E. Valley Center Road, both of which connect with N 19th Avenue adjacent to the site. The property has access to water lines and sewer connections along the southern border and across the site and is currently served by the City of Bozeman Police and Fire 34 Staff Report for the Rest Stop Zone Map Amendment Page 24 of 29 Departments. New development would need to comply with standards within the Bozeman Municipal Code and all building codes. As shown in Figure 4, the property is bounded by B-2 to the west and south and M-2 (Manufacturing and Industrial District) north and east. The applicant adds “The site, situated at a major gateway to the City is particularly well suited to the commercial uses allowed by B-2 zoning.” The B-2 district can support many types of urban development that are likely to serve the immediate area as a result of its location and proximity to residential and commercial areas all around the site. Final determination of suitability will occur during the site development process. 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. Previous use on the site was a rest stop area for people traveling through Bozeman. The site has not been utilized since the MDT rest stop area officially closed in May of 2023. The rest stop structures were purpose built and are not readily changed to another use. The B-2 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-2 district will be appropriate to the surrounding character of the district. The site is separated from adjacent properties on three sides by large streets which will minimize any impacts on adjacent properties to the west, north, and east. The property immediately south is the same B-2 as that being requested with this application. The applicant further adds that “The proposed zoning will add value to real estate values and businesses in the area by not only attracting more and diverse customers to the area but will also add to the City’s property tax funds by changing the property from a non-taxable state- owned use to new tax-paying commercial entities.” 35 Staff Report for the Rest Stop Zone Map Amendment Page 25 of 29 K. Encourage the most appropriate use of land throughout the jurisdictional area. Criterion met. The Future land use map has this site designated as Regional Commercial and Services which allows B-2 as an implementing zone district. The location of this site with access to existing primary arterial roads with existing utilities nearby provides the opportunity to offer expanded services to both existing residents and those travelling to the city. The applicant adds “B-2 zoning encourages the most appropriate use of land throughout the jurisdictional area by utilizing property that heretofore has been used mainly by those passing through the City. The current use has utilized City services (Fire, Police, sewer and water) while not providing property tax income to the City to offset the cost of those services. Focusing new commercial tenants close to other similar uses creates a symbiotic and more ef ficient commercial center. Due to current traffic congestion this property is not well suited for an industrial user and the large vehicles that accompany such uses. Due to proximity to the interstate and traffic noise, this property is not well suited for residential uses.” 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 p rotest must: (i) state the writing is a “protest”, rather than merely expressing opposition; contain a description of the action protested sufficient to identify the action against which the protest is lodged; and (ii) include the application number and contain a statement of the protestor's qualifications (including listing all owners of the property and the physical address), to protest the action against which the protest is lodged, including ownership of property affected by the action. Signers are encouraged to print their names after their signatures. A person may in writing withdraw a previously filed protest at any time prior to final action by the City Commission. Protests must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230. 36 Staff Report for the Rest Stop Zone Map Amendment Page 26 of 29 APPENDIX A - 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 July 27, 2024, August 10, 2024, and September 7, 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 August 19, 2024, and the City Commission public hearing is scheduled for September 24, 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 B - PROJECT GROWTH POLICY AND PROPOSED ZONING Adopted Growth Policy Designation: The property is designated as “Regional Commercial and Services” in the Bozeman Community Plan 2020. Regionally significant developments in this land use category may be developed with physically large and economically prominent facilities requiring substantial infrastructure and location near significant transportation facilities. Due to the scale of these developments, location, and transition between lower-density uses is important. Residential space should be located above the first floor to maintain land availability for necessary services. Development within this category needs well-integrated utilities, transportation, and open space networks that encourage pedestrian activity and provide ready-access within and adjacent to development. Large community scale areas in this land use category are generally 75 acres or larger and are activity centers for several surrounding square miles. These are intended to service the overall community as well as adjacent neighborhoods and are typically distributed by a one -to two-mile separation. Proposed Zoning Designation and Land Uses: The applicant has requested zoning of B-2, Community Business District whose intent is to: Community Business District (B-2). The intent of the B-2 community business district is to provide for a broad range of mutually supportive retail and service functions located in clustered areas bordered on one or more sides by limited access arterial streets. Multi- household dwellings, townhouses, and apartments are allowed as a secondary use due to their complementary nature and ability to enhance the walkability of these districts. Design standards emphasizing pedestrian-oriented design are important elements of this district. 37 Staff Report for the Rest Stop Zone Map Amendment Page 27 of 29 Use of this zone is appropriate for arterial corridors, commercial nodes, and/or areas served by transit. 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 B-2 correlates with the Growth Policy’s future land use designation of “Regional Commercial and Services”. Below is a link to permitted uses with a column designated for B-2 Sec. 38.310.040. – Authorized uses-Commercial, mixed-use, and industrial zoning districts. 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) 38 Staff Report for the Rest Stop Zone Map Amendment Page 28 of 29 39 Staff Report for the Rest Stop Zone Map Amendment Page 29 of 29 APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF Owner: Graig Rickert, Bozeman MT 59718 Applicant: Koenig Consulting, LLC, 280 Fern Lane, Dillon, MT 59725 Representative: Ashley Koenig, LLC, 280 Fern Lane, Dillon, MT 59725 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 24185 (External Link) 40 Memorandum REPORT TO:Community Development Board FROM:Chris Saunders, Community Development Manager Erin George, Community Development Interim Director SUBJECT:Training on Impact Fees and Board Role as the Impact Fee Advisory Committee. MEETING DATE:August 19, 2024 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Receive information in preparation for upcoming public hearings. STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND:Resolution 5330 created the Community Development Board and assigned the Board duties as the Impact Fee Advisory Commission (IFAC). State law requires that any community using impact fees have an IFAC to advise the governing body. The City began using impact fees in 1996. The City is in process of updating both the impact fee local regulations and the service area reports that support each fee. Before conducting public hearings on these updates the Board will receive refresher training on service area reports and the upcoming review process. The state law authorizing use of impact fees is in Title 7, Chapter 6, Part 16 MCA [external link]. UNRESOLVED ISSUES:None. ALTERNATIVES:None. FISCAL EFFECTS:None, no funds are expended or committed with this action. Attachments: CD Training 8-19-2022 memo.pdf Report compiled on: August 14, 2024 41 MEMORANDUM TO: COMMUNITY DEVELOPMENT BOARD FROM: CHRIS SAUNDERS, COMMUNITY DEVELOPMENT MANAGER DATE: AUGUST 14, 2024 SUBJECT: IMPACT FEE ADVISORY COMMITTEE TRAINING The primary role of the Community Development Board (CDB) in its capacity as the Impact Fee Advisory Committee (IFAC) is oversight on the calculation and use of impact fees. This responsibility is assigned in state law. This review process provides an opportunity for public input and awareness of the impact fee program and that use of fees meets established criteria for approval. The Staff will provide training and an overview of the impact fee program on August 19, 2024. This memo supports that presentation and training. There are numerous references to state and local law in this memo. If the reference has a pattern of ##-#-### or is followed by MCA that is a reference to state law. If the reference has a pattern of XX.XXX.XXX or is followed by BMC that is a reference to Bozeman law. Authority for Impact Fees The State authorizes but does not require local governments to have impact fees. Local regulations must be in alignment with enabling legislation – 7-6-16 [external link] et. seq. MCA, passed by the state. The impact fee enabling language has some elements that are quite specific and some that are quite general. There are specific purposes and certain procedures required. (5) (a) "Impact fee" means any charge imposed upon development by a governmental entity as part of the development approval process to fund the additional service capacity required by the development from which it is collected. An impact fee may include a fee for the administration of the impact fee not to exceed 5% of the total impact fee collected. (b) The term does not include: (i) a charge or fee to pay for administration, plan review, or inspection costs associated with a permit required for development; (ii) a connection charge; (iii) any other fee authorized by law, including but not limited to user fees, special improvement district assessments, fees authorized under Title 7 for county, municipal, and consolidated government sewer and water districts and systems, and costs of ongoing maintenance; or (iv) onsite or offsite improvements necessary for new development to meet the safety, level of service, and other minimum development standards that have been adopted by the governmental entity. 42 Page 2 of 5 Bozeman implements impact fees through 2.06.1600 [external link] et. seq. BMC. This part of the municipal code contains the locally adopted standards and establishes local procedures. Bozeman chooses to use impact fees for Fire/Emergency Services, Water, Sewer, and Transportation services. Impact fees can only be used to fund construction to serve new development. Impact fees are not taxes. As stated in state law, impact fees are a fee for service. A tax is a mandatory payment or charge collected by governments from individuals or businesses to cover the costs of general operations. Fees cover the cost of providing a service by charges to the users. The City has adopted various fiscal policies to guide how revenues and expenditures are made. These are included in the City’s adopted budget [external link], see page 175. 5. User fees and charges will be used, as opposed to general taxes, when distinct beneficiary populations or interest groups can be identified. User fees and charges are preferable to general taxes because user charges can provide clear demand signals which assist in determining what services to offer, their quantity, and their quality. User charges are also more equitable, since only those who use the service must pay--thereby eliminating the subsidy provided by nonusers to users, which is inherent in general tax financing. The great majority of impact fee administration occurs at the staff level. The designated Impact Fee Coordinator is the Director of Community Development who has delegated to Chris Saunders who takes care of much of the daily work. The impact fee collection and expenditure follow standard governmental practices for accounting and reporting. Further details are provided below. Community Development Board Responsibilities A local government wishing to establish impact fees must have an impact fee advisory committee. The City Commission has assigned these duties to the Community Development Board. 7-6-1604. Impact fee advisory committee. (1) A governmental entity that intends to propose an impact fee ordinance or resolution shall establish an impact fee advisory committee. (2) An impact fee advisory committee must include at least one representative of the development community. The committee shall review and monitor the process of calculating, assessing, and spending impact fees. (3) The impact fee advisory committee shall serve in an advisory capacity to the governing body of the governmental entity. There are three activities through which the CDB meets its responsibilities related to impact fees. 1) The City prepares an impact fee service area report (SAR) for each type of fee every four years. This study examines existing conditions, identifies needed future improvements which impact fees may fund, identifies costs of construction, and establishes the cost per unit of service. These various elements are required by 7-6-1602 [external link]. 43 Page 3 of 5 The data in the SAR enables the city to translate demand for services to needed infrastructure to cost per unit. Each SAR supports a determination of how the City determines how much demand for services must be offset by each type of new construction. Impact fees are only used to support new development and prevent barriers to block development. Impact fees may not be used for maintenance, operations (including personnel), or curing existing deficiencies. Impact fees must be both reasonably related and roughly proportionate to demand from a new development. These requirements are set by state law and have been confirmed by the courts. The SAR provides documentation that the City’s impact fees meet these standards. The IFAC provides a public forum for this work and opportunity for public comment. The City chooses a contractor to do the analysis and prepare the needed documentation. TischlerBise, a national leader in impact fees, is assisting the City with the current SAR update. These studies are the basis for assessing and collecting impact fees. The City is in the process of updating the impact fee SAR. These are very data intensive analysis drawing from local infrastructure plans, capital improvement plans, and construction costs. We expect to bring the updated SAR to the Community Development Board for review incrementally through fall 2024. An exact schedule for all fees has not been established. The Fire/EMS SAR will go first and is scheduled for Board review on September 9th and City Commission review on October 1st. Formal public notices will be issued, and hearings conducted at each stage. The Community Development Board will make a recommendation to the City Commission on the SAR. 2) The City, in conjunction with the SAR updates, reviews and as needed updates the impact fee code in 2.06 Div 9 BMC [external link]. The Community Development Board will also see and make a recommendation on those changes. Expected changes in fall 2024 include some reorganization for better subject flow, improvements in active voice to improve understanding, revisions to the appeals process, and revisions to how impact fee credits are reviewed and approved. 3) Each fall the City prepares a CIP which identifies upcoming construction projects and funding sources. This is the process the City uses to expend impact fees. The IFAC reviews the recommended CIP prepared by staff and provides a recommendation to the City Commission. This typically takes two meetings and happens in late October and early November. Members of the public can suggest projects for inclusion. A key element of the CIP is the scheduling of work. Growth Policy Bozeman Community Plan 2020 [external link] is the seventh long range city-wide land use plan for the community. The BCP2020 and its predecessors provide guidance, along with relevant facility plans, for priorities in how the City installs infrastructure. For several decades, the facility plans and growth policies have encouraged redevelopment, infill, and careful incremental expansion of the City. All of these activities require infrastructure capacity. 44 Page 4 of 5 The growth policy does not directly specify where specific infrastructure should be constructed or what types or scope to build. The individual facility (issue) plans such as wastewater collection provide a much higher level of detail and do give direction on major facility placement and scale. Data Infrastructure Viewer [external link]. The City has created a web based viewer for infrastructure information. This can show locations and details on public utilities like water and sewer pipes, facility plan information for where service expansions are expected, and floodplains. This is “live” information and as new work is completed it is added to the map. If you click on a + sign next to the name of a layer it will open more detailed information. The infrastructure viewer includes information on existing and future construction. Capital Improvement Program [external link]. The Capital Improvement Program (CIP) is available through the City’s website. It looks at capital spending from all funding sources over the next five years. It coordinates between funding sources, provides transparency in decision making, and establishes discipline in funding decisions. The CIP is a core element of the City’s budget process. Making Adequate Findings Board decisions must adequately explain what the Board decided and upon what considerations it based its findings. Findings are the legal footprints of a review to explain how the reviewer progressed from facts through established policies to the final decision. Findings must be based on substantial evidence in light of the whole record of the review. Findings: 1. Provide a framework for making principled decisions 2. Help make analysis orderly and reduce likelihood of missing steps in the analysis 3. Enable all interested parties to determine whether and on what basis judicial review of a decision should be sought 4. Show to a reviewing court the basis for the agency’s action 5. Show to the public that review is careful, reasoned, and equitable The staff recommendations that come during evaluation of CIP proposals or service area reports address all five purposes. The Board does not have to reinvent all the staff findings. In the cover memos included with each packet recommended language will be included to adopt the staff findings for that item. If the Board concludes the staff findings are correct, no further findings are needed. If the Board finds differently than staff on an element of review the Board member should articulate the criteria, relevant facts, and how they reached a different conclusion. Such Board statements then become part of the record for the City Commission to consider in making their own decision. Depending on the degree of difference, the final motion by the Board may need to be revised to identify the differences in findings from the staff recommendation. 45 Page 5 of 5 Public Comment The public is welcome to comment on any item that comes before the Community Development Board. Public comment can be submitted by any member of the public in support, opposition, or otherwise. Regardless of the content of the comment, for it to be actionable in the review process it must connect back to the review criteria. This becomes an important part of the Findings process if as a result of comment a decision is made. Comments not related to the criteria are still accepted as part of the review but are not actionable to justify a decision. Ex Parte Communication Review of impact fee studies and recommendations for Capital Improvements to the City Commission are policy actions. The City has discretion within the state set boundaries for impact fees to find a balance between the many community priorities. The public and applicant have the right to be aware of what factors are being considered during evaluation of impact fees and to have decisions made by impartial parties. Policy making actions and the restrictions on contact outside of public meetings are less than for quasi-judicial actions like subdivision. However, there is still a need for transparency in decision making. For this reason, Board members should encourage commenters to submit comments through the formal channels of comments@bozeman.net email or presentation at a meeting where the item is being discussed. If someone discusses a pending application with you please notify the public and other board members on the record at the beginning of the action item on the agenda of the substance of the conversation. If you have questions on an application that you do not believe can properly wait until the public meeting please contact the staff member identified on the staff report. 46 Memorandum REPORT TO:Community Development Board FROM:Nick Ross, Transportation and Engineering Director SUBJECT:Discussion on Capital Improvement Program Development for Transportation Impact Fee MEETING DATE:August 19, 2024 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Discussion and information exchange with Director of Transportation and Engineering. STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND:The City prepares a capital improvement program )CIP) every year as required by the City Charter. The Director of Transportation and Engineering is the lead for preparation of CIP items using transportation related funds. This includes the Transportation Impact Fee fund. The Community Development Board is responsible to review and make recommendations regarding the impact fee CIP. The Director wishes to discuss with the Board how the process works, input from the Board that can help during formation and review of the CIP, and generally provide opportunity for input before the next CIP has been assembled. UNRESOLVED ISSUES:None. ALTERNATIVES:None, no action is proposed. FISCAL EFFECTS:None at this time. Report compiled on: August 14, 2024 47 Memorandum REPORT TO:Community Development Board FROM:Chris Saunders, Community Development Manager Erin George, Community Development Interim Director SUBJECT:Upcoming Items for the September 9, 2024, Community Development Board Meeting. MEETING DATE:August 19, 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 September 9, 2024, Community Development Board meeting: 1. None. The following items are presently scheduled action at the September 9, 2024, Community Development Board meeting: 1. Recommendation on Fire/EMS impact fee service area report documenting future needs, existing conditions, service assumptions, and updated fee schedule for new development. 2. Recommendation on Ordinance 2169 amending 2.06.1600, BMC Impact Fees. Scheduling Note: Please be aware that Sept 2nd, the first regular meeting date in September is a holiday. Therefore, as set in policy, the Community Development Board's first meeting in September will occur on September 9th. 48 UNRESOLVED ISSUES:None. ALTERNATIVES:None. FISCAL EFFECTS:None. Report compiled on: August 13, 2024 49