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HomeMy WebLinkAbout23306 Staff Report FINAL Staff Report Range 5 Site Plan Application No. 23306 December 2, 2024 Page 1 of 30 Application No. 23306 Type Site Plan Project Name Range 5 Site Plan Summary A site plan application to construct 312 homes in multi-household apartment buildings in various sizes that range from 12 attached to 36 attached units. 5 phases are proposed that include infrastructure improvements both on and off site. Extensions of Apex Drive and Bennett Boulevard are proposed west through the development to connect to Fowler Lane. Fowler Lane with this project and other projects in the area is to be constructed to a City street standard. Edgerton Avenue and Gabriel Avenue are proposed to extend north through the site. All streets are proposed with associated curb, gutter, utilities, lighting, and other public improvements. Off-site improvements include an expansion to S. 27th Avenue from Bennett Blvd to Stucky Road. Additional buildings proposed on the site include garages and carports. A departure from the maximum lot size allowed in BMC 38.320.030 footnote 3 is requested. Zoning R-4 Growth Policy Urban Neighborhood Parcel Size 20.518 acres Overlay District(s) None Street Address 4840 Fowler Lane, new addresses to be determined. Legal Description Section 23, Township 02 S, Range 05 E, C.O.S. 1996, TRACT 2 NW4 20.518AC, City of Bozeman, Gallatin County, Montana. Owner 2B Holdings LLC, 7555 S. Cottonwood Road, Bozeman, MT 59718 Applicant Same as Owner Representative 2B Holdings LLC, Matt Hausauer, 7555 S. Cottonwood Road, Bozeman, MT 59718 Staff Planner Danielle Garber Engineer Simon Lindley Noticing Public Comment Period Site Posted Adjacent Owners Newspaper Legal Ad 10/28/2024 to 11/20/2024 10/28/2024 10/25/2024 N/A Advisory Boards Board Date Recommendation Development Review Committee 10/24/2024 The application is adequate, conforms to standards, and is sufficient for approval with conditions and code provisions Recommendation The application is adequate, conforms to standards, and is sufficient for approval with conditions and code provisions as noted below. Decision Authority Director of Community Development Date: 12/6/2024 Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715 Digital application access is available under Application 23306 in the City’s online document repository Staff Report Range 5 Site Plan Application No. 23306 December 2, 2024 Page 2 of 30 FINDINGS OF FACT AND APPEAL PROVISIONS CERTIFICATE A) PURSUANT to Chapter 38, Article 2, Bozeman Municipal Code (BMC), and other applicable sections of Ch.38, BMC, public notice was given, opportunity to submit comment was provided to affected parties, and a review of the Site Plan described in this report was conducted. The applicant proposed to the City a Site Plan (SP) to permit an apartment development and associated site improvements. The purposes of the Site Plan review were to consider all relevant evidence relating to public health, safety, welfare, and the other purposes of Ch. 38, BMC; to evaluate the proposal against the criteria of Sec. 38.230.100 BMC, and the standards of Ch. 38, BMC; and to determine whether the application should be approved, conditionally approved, or denied. B) It appeared to the Director that all parties and the public wishing to examine the proposed Site Plan and offer comment were provided the opportunity to do so. After receiving the recommendation of the relevant advisory bodies established by Ch. 38, Art. 210, BMC, and considering all matters of record presented with the application and during the public comment period defined by Ch. 38, BMC, the Director has found that the proposed Site Plan would comply with the requirements of the BMC if certain conditions were imposed. Therefore, being fully advised of all matters having come before them regarding this application, the Director makes the following decision. C) The Site Plan has been found to meet the criteria of Ch. 38, BMC, and is therefore approved, subject to the conditions listed in this report and the correction of any elements not in conformance with the standards of the Title. The evidence contained in the submittal materials, advisory body review, public testimony, and this report, justifies the conditions imposed on this development to ensure that the Site Plan complies with all applicable regulations, and all applicable criteria of Ch. 38, BMC. On this _______ day of _________________, 2024, Erin George, Interim Director of Community Development, or her designee approved with conditions this Site Plan for and on behalf of the City of Bozeman as authorized by Sec. 38.200.010, BMC. D) This Director of Community Development’s project decision may be appealed by filing a documented appeal with and paying an appeal fee to the Clerk of the Commission for the City of Bozeman within 10 working days after the date of the final decision as evidenced by the Director’s signature, following the procedures of Sec. 38.250.030, BMC. DIRECTOR OF COMMUNITY DEVELOPMENT OR DESIGNEE Staff Report Range 5 Site Plan Application No. 23306 December 2, 2024 Page 3 of 30 CONDITIONS OF APPROVAL 1. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. Payback District. The subject property is located within the Meadow Creek Subdivision payback district boundary for sewer improvements. The recorded document at the County Clerk and Recorder is #2293491. The applicant is advised that the payback must be paid prior to final site plan approval. Please follow the link for the Meadow Creek Sewer Payback Agreement. 3. Special Improvement District (SID) Waiver - City of Bozeman Resolution 5076, Policy 1. The applicant must provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) on City standard form for the following: a. Street improvements to Stucky Rd (from Cottonwood Rd to S 19th Ave) including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of the improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. The applicant must provide a copy of the filed SID waiver prior to site plan approval. Please select and fill out the appropriate template found in City Documents and Staff Reports folder. 4. Agricultural Water User Facilities. Prior to final site plan approval, for the user facilities identified for abandonment, provide sufficient information pursuant to Sec. 38.410.060.D.5 to allow for the removal of ditch laterals from the subject property or agricultural water user facility easements must be established pursuant to Sec. 38.410.060.D.1. 5. Agricultural Water User Facilities. Prior to final site plan approval or infrastructure plan approval, whichever occurs first, the Range 5 developer must obtain written approval from the appropriate ditch company and ditch users for all proposed onsite and offsite impacts to all existing ditches affected by the development; or, if more than 45 days have elapsed after providing ditch notice pursuant to Sec. 38.360.280.B BMC and no response is received or a respondent indicates in writing that it does not consent to the proposed ditch impacts, then the development applicant prior to final site plan approval or infrastructure plan approval, whichever occurs first, must provide a hold harmless, indemnity, and defense agreement acceptable to the City Attorney. 6. Agricultural Water User Facilities. Prior to final site plan approval or infrastructure plan approval, whichever occurs first, a minimum 20’ wide ditch access and maintenance easement, acceptable to the City in form and content, must be provided for any existing ditch that is proposed to be longitudinally piped or relocated. CODE PROVISIONS 1. BMC 38.270.030.C-D. Concurrent Construction. In certain circumstances, the issuance of a building permit may be allowed prior to completion of the public infrastructure, provided that the criteria listed in this section are met. Provide concurrent construction approval prior to building permit approval of any phase. Approval requires a concurrent construction request plan approval for on-site and off-site infrastructure, an irrevocable offer of dedication, infrastructure review and approval, submittal of original executed easements to facility infrastructure, and fire review and approval. The applicant must provide the following additional documentation prior to concurrent construction approval: Staff Report Range 5 Site Plan Application No. 23306 December 2, 2024 Page 4 of 30 a. Prior to final site plan approval, the applicant must demonstrate the necessary easements for widening of S 27th Ave from Bennett Blvd to Stucky Rd are in place as depicted in the off-site concurrent construction plan. 2. BMC 38.410.130. Water Adequacy. The estimated annual municipal demand from the project is 38.69 acre-feet. At the City's current CILWR fee rate of $6,000/AF the CILWR fee for the project is $232,128, however, per section 6 of the Annexation Agreement for the subject property any useful water rights must be transferred to the City. The transfer right may be used to offset the development estimated demand by an amount determined by the City. Please identify all water rights including Irrigation Company shares (i.e. West Gallatin or MCDC) held by the owner. The transfer and/or fee payment must be made prior to final site plan approval. If the irrigation demand will be supplied by a groundwater well then the irrigation demand can be excluded from the fee if the DNRC issues a groundwater certificate for the well. 3. BMC 38.220.060.A.8 and 38.360.280 Agricultural Water User Facilities. Please provide a standalone supplement summarizing the information required in these sections. Written notice to all applicable water users and/or agricultural water facility authorized representatives of the proposed development, including the construction of Fowler Lane, per BMC 38.360.280.B.1. As part of this supplement please provide copies of the letters and materials sent to the identified contacts and their responses. 4. BMC 38.420.030. Cash Donation In-Lieu of Land Dedication. The cash-in-lieu of parkland (CILP) value was adjusted by City Commission in Feb 2024. The current value is $2.65/sf and confirmed at the time of site plan adequacy. Anticipated CILP value is $389,012.05. The final payment for must be paid to the City prior to final site plan approval. 5. BMC 38.420.080. Park Development. The water right for the proposed park well must be transferred to the City. The developer must provide the completed 602 form to the City for review and approval prior to filing with the DNRC. 6. Montana Post-Construction Storm Water BMP Design Guidance Manual - Seasonal High Groundwater (SHGW): The applicant must demonstrate that seasonal high groundwater will not impact the function or maintenance of the proposed facilities. Industry guidance recommends a three-foot minimum separation from the bottom of the proposed facility to the underlying groundwater table. As presented, there is no vertical separation from the SHGW and the bottom of the proposed ponds. Engineering is concerned that during a wet year available retention storage will be decreased due to the SHGW level. Please provide justification on why utilizing the SHGW surface elevation is acceptable given the high groundwater levels in the area. With infrastructure review (IR), the design engineer will need to certify that the storm system will operate as designed during the season-high. If groundwater levels are found to exceed the assumed level for the approved design, infrastructure acceptance and occupancy of the site will not be granted until the City drainage requirements are met. 7. BMC 38.410.060. Easements. All necessary easements for the site must be provided prior to final site plan approval. Any stormwater facility that drains public right-of-way must have a drainage easement. 8. Sec. 38.220.020.A – Wetlands Permits. The applicant must contact the U.S. Army Corps of Engineers regarding the proposed project and any required permits (i.e., 404, etc.). Any required permits must be obtained by the applicant and provided to the Community Development Department prior to construction. ADVISORY COMMENTS 1. The applicant is advised that the area located to the north of the subject property consists primarily of agricultural uses and great care should be taken to reduce construction impacts to the adjacent property. The applicant is required to adhere to any approved construction management plans during the course of the building and Staff Report Range 5 Site Plan Application No. 23306 December 2, 2024 Page 5 of 30 infrastructure construction processes and must mitigate any negative impacts on the adjacent property owners including dust, drainage, noise, lighting, contractor parking, and staging. 2. The City would like to make the owner aware of an available CILWR rebate of approximately 20% for residential units, released at occupancy, if high-efficiency fixtures (toilets, washers, and shower heads) are installed. A rebate agreement template outlining the terms of the rebate offer has been provided. If the owner is interested please update the agreement using track changes with the owner information and send the word document to Griffin Nielsen at gnielsen@bozeman.net. If there are any questions about the agreement, please reach out over email. The agreement should be finalized prior to final plan approval of any phase. 3. A pre-construction meeting with Parks staff is required a minimum of 30 days prior to commencing park construction. Please contact your reviewing Park Planner to request a pre-construction meeting. A complete park master plan and construction drawings are required to schedule a pre-construction meeting. 4. A signed copy of the Building Permit Landscape & Irrigation Self-Certification Form (Appendix E) is necessary to receive a building permit. See the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual, section 3.1.2 "Building Permit Landscape & Irrigation Self Certification Form". 5. Per the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual Section 3.1.3, the applicant must contact the Water Conservation Division to schedule a pre-installation meeting and all contractors responsible for the installation of the landscape and irrigation system must be present. Staff Report Range 5 Site Plan Application No. 23306 December 2, 2024 Page 6 of 30 Figure 1: Current Zoning Map Staff Report Range 5 Site Plan Application No. 23306 December 2, 2024 Page 7 of 30 Figure 2: Future Land Use Map (Growth Policy) Staff Report Range 5 Site Plan Application No. 23306 December 2, 2024 Page 8 of 30 Figure 3: Site and Phasing Plan (individual plans for each phase in file) Staff Report Range 5 Site Plan Application No. 23306 December 2, 2024 Page 9 of 30 Figure 4: Infrastructure Plan Staff Report Range 5 Site Plan Application No. 23306 December 2, 2024 Page 10 of 30 Figure 5: Off-Site Improvements Staff Report Range 5 Site Plan Application No. 23306 December 2, 2024 Page 11 of 30 Figure 6: Architectural Site Plan Staff Report Range 5 Site Plan Application No. 23306 December 2, 2024 Page 12 of 30 Figure 7: Landscaping Plan Staff Report Range 5 Site Plan Application No. 23306 December 2, 2024 Page 13 of 30 Figure 8: Park Plan Staff Report Range 5 Site Plan Application No. 23306 December 2, 2024 Page 14 of 30 Figure 9: Elevation 12-Plex (Five Buildings) Figure 10: Elevation 36-Plex (Seven Buildings) Staff Report Range 5 Site Plan Application No. 23306 December 2, 2024 Page 15 of 30 Figure 10a: End Elevations (36-Plex) Figure 11: 3D Views 12-Plex Staff Report Range 5 Site Plan Application No. 23306 December 2, 2024 Page 16 of 30 Figure 12: 3D Views 36-Plex Staff Report Range 5 Site Plan Application No. 23306 December 2, 2024 Page 17 of 30 ANALYSIS AND FINDINGS Analysis and resulting recommendations based on the entirety of the application materials, municipal codes, standards, plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis in this report is a summary of the completed review. Plan Review, Section 38.230.100, BMC In considering applications for plan approval under this title, the Director of Community Development shall consider the following: 1. Conformance with Article 1 - Consistency with the City’s adopted Growth Policy 38.100.040.D Meets Code? Growth Policy Land Use Urban Neighborhood Yes Zoning R-4, Residential High Density District Yes Comments: This project is within the City’s growth boundary. The 2020 Community Plan designation of Urban Neighborhood correlates with the R-4 zoning district. The Urban Neighborhood 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. Complementary uses such as parks, home-based occupations, fire stations, churches, schools, and some neighborhood-serving commerce provide activity centers for community gathering and services. The Urban Neighborhood designation indicates that development is expected to occur within municipal boundaries. This may require annexation prior to development. The subject property was annexed into the City in 2023 with a public hearing on April 25, 2023, and the resolution for annexation and ordinance for the zoning designation approved on October 17, 2023. At the public hearing the City Commissioners voted 4-1 to approve the annexation and zone map amendment establishing R-4 zoning. 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 subject property is near to R-4 zoning to the east, R-3 zoning to the southeast, R-4 zoning to the south. Within one-half mile from the subject property is REMU and B-2M zoning, yet undeveloped, which may provide neighborhood commercial opportunities. The proposed project conforms to the urban neighborhood designation by providing urban density homes within city limits in proximity to existing and developing neighborhoods and parks. 2. Conformance with Article 1 - All other applicable laws, ordinances, and regulations (38.100.080) Condominium ownership NA Comments: Additional steps will be required including review of building permits, and infrastructure plans. The Building Division of the Department of Community Development will review the requirements of the International Building Code for compliance at the time of building permit application. 3. Conformance with Article 2, including the cessation of any current violations (38.200.160) Meets Code? Current Violations None Yes Comments: There are no current violations on the property. 4. Conformance with Article 2 - Submittal material (38.220) requirements and plan review for applicable permit types (38.230) Meets Code? Site Plan Yes Submittal requirements 38.220.100 Yes Staff Report Range 5 Site Plan Application No. 23306 December 2, 2024 Page 18 of 30 Phasing of development 38.230.020.B No. of phases: 5 Yes Comments: The application proposes 5 phases and has requested concurrent construction. A site plan for each phase is located in the application drawings. These plans include construction limits, spoils storage, the location of construction dumpsters, and materials storage. Phase 1 proposes the following improvements: • The construction of Bennett Boulevard from its existing terminus to the western Boundary of phase 1. • The construction of Apex Drive from the eastern property boundary west to Fowler Lane. • The construction of Gabriel Avenue between Apex Drive and Bennett Boulevard. • The construction of the Park • The construction of two 12-unit apartment buildings (buildings 1 and 2) with associated stormwater, parking, walkways, open space and other required site improvements to support phase 1. • The southern portion of the north-south pedestrian path used to mitigate block length and associated landscaping. • The extension of the 8” water main from Apex Drive, via an easement through the intervening property between the subject property and the existing terminus at the corner of Apex Drive and South 29th Avenue. • The construction of required off-site improvements to South 27th Avenue to improve it to a standard section approved by the Engineering Division. Phase 2 proposes the following improvements: • The construction of two 36-unit apartment buildings to the north of phase 1 (buildings 3 and 4) with associated stormwater, parking, walkways, open space and other required site improvements to support phase 2. • The eastern portion of the east-west pedestrian path used to mitigate block length and associated landscaping. Phase 3 proposes the following improvements: • The construction of three 36-unit buildings to the west of phases 1 and 2 (buildings 5, 6, and 7) with associated stormwater, parking, walkways, open space and other required site improvements to support phase 3. • The western portion of the east-west pedestrian path used to mitigate block length and associated landscaping to Edgerton Avenue and the northern portion of the north-south pedestrian path • The extension of Bennett Boulevard to Edgerton Avenue. • The construction of Edgerton Avenue between Bennett Boulevard and Apex Drive. Phase 4 proposes the following improvements: • The construction of one 36-unit building and one 12-unit building to the northwest of Edgerton Avenue (buildings 8 and 9) with associated stormwater, parking, walkways, open space and other required site improvements to support phase 3. • Required Fowler Lane improvements along the western edge of the property including widening to a 38-foot street section, sidewalk, utilities, lighting, and other improvements required by Engineering. The existing irrigation ditch along the east side of Fowler Lane is proposed to be relocated to the west side of the road. Phase 5 proposes the following improvements: • The construction of one 36-unit buildings and two 12-unit buildings to the southwest of Edgerton Avenue (buildings 10, 11, and 12) with associated stormwater, parking, walkways, open space and other required site improvements to support phase 3. Staff Report Range 5 Site Plan Application No. 23306 December 2, 2024 Page 19 of 30 • The final section of the east-west pedestrian path used to mitigate block length between Edgerton Avenue and Fowler Lane. • The completion of the extension of Bennett Boulevard from Edgerton Avenue to the intersection with Fowler Lane. No master site plan application was submitted for the proposed project. Per BMC 38.230.140.D the maximum approval period for the phased site plan application is one year plus an allowable one year extension following final plan approval. The applicant must pull all building permits associated with the phased plan prior to the expiration of the site plan entitlement. Per code provision 1 the applicant must provide final concurrent construction approval letters from the Fire Department and the Engineering Division prior to final plan approval for both off-site and on-site requested concurrent construction. Special use Permit 38.230.120 NA Comments: No special uses are proposed. 5. Conformance with Article 3 - Zoning Provisions (38.300) Meets Code? Permitted uses 38.310 Apartment Buildings Yes Form and intensity standards 38.320 Zoning: R-4 Setbacks (feet) Structures Parking / Loading Yes Front Block Frontage / 15 NA Rear 20 NA Side 5 NA Alley NA NA Comments: Multi-household buildings are subject to block frontage standards. With the required road network extensions through the site the application contains five street frontages and no side or rear setbacks. R-4 zoning requires a 15-foot setback with an allowable 5-foot encroachment for porches and patios. The buildings are proposed at 15-feet from the front property line with no encroachments. Rear and side setbacks are not applicable with the site proposed to be built on one lot. No buildings are proposed within 10-feet of the two 10-foot wide north-south and east-west public access easements used for block length mitigation per BMC 38.410.040. Per BMC 38.320.030.A maximum lot size in the R-4 zoning district is 2.5 net acres. When ROW and transportation easements, parks, and open space are removed from the overall 20-acre gross area, a net residential lot area of 12.99 acres is proposed. A departure was requested with this application from the maximum lot size. The criteria for this departure requires the planned development fit into the context of the neighborhood and the proposed pedestrian and vehicular circulation measures meet community objectives. The application proposes the necessary street extensions and road improvements necessary to serve the proposed development in accordance with the existing street grid including extensions of Apex Drive, Bennett Boulevard, Gabriel Avenue, and Edgerton Avenue providing the required vehicular circulation to meet community objectives. These street extensions will be constructed with the required sidewalks serving pedestrian circulation needs. Additionally, two pedestrian easements have ben provided one running north-south, and one running east-west through the development meeting community design standards for pedestrian circulation. The existing neighborhood context within City Limits contains a residential subdivision to the southeast which contains single household, rowhouse, and multi-household apartment uses. The proposed park along the eastern side of the property provides necessary buffer from an existing wetland and will provide additional recreation opportunities for nearby neighborhoods. Given the residential context, adjacent R-4 zoning, the adjacent urban neighborhood growth policy designations outside city limits, and the proposed uses, the applicant is providing a development that adequately fits into the context of the neighborhood. Staff supports this departure. Lot coverage 17.1% Allowed 50% Yes Staff Report Range 5 Site Plan Application No. 23306 December 2, 2024 Page 20 of 30 Building height 36-feet 7 5/8-inches (12-plex) & 45-feet 1-inches (36-plex) Allowed 50-Feet Yes Comments: Building heights for both the 12-unit and 36-unit buildings are between 36-feet and 45-feet with varying roof pitches including 8:12 at the maximum ridge. The maximum building height in R-4 zoning is 50-feet with any maximum roof pitch of 3:12 or greater. Applicable zone specific or overlay standards 38.330-40 NA Comments: NA, the proposed project is not subject to zone specific or overlay district standards. General land use standards and requirements 38.350 NA Comments: No setback encroachments are proposed. Applicable supplemental use criteria 38.360 NA Supplemental uses/type NA NA Comments: NA, the proposed projects is not subject to any supplemental use criteria. Wireless facilities 38.370 NA Affordable Housing 38.380.010 NA Affordable housing plan NA Comments: No wireless facilities are proposed. No affordable housing incentives are requested. 6a. Conformance with Article 4 - Community Design Provisions: Transportation Facilities and Access (38.400) Meets Code? Streets 38.400.010 Yes Street and road dedication 38.400.020 Yes Access easements Yes Level of Service 38.400.060 Yes Transportation grid adequate to serve site Yes Comments: A traffic impact study (TIS) was required by the Engineering Division. The TIS was prepared by Abelin Traffic Services (ATS) and is stamped by a Professional Engineer licensed in the State of Montana. The analysis utilized industry standard practices for traffic counts, estimation of future traffic volumes, and seasonal adjustments to determine future projections. The Engineering Division reviewed the TIS for compliance with adopted design standards, public works standards, and municipal code with the design of the applicant’s required on and off-site infrastructure requirements. The TIS studied traffic impacts outside the development under the City adopted review standard of Level of Service (LOS), per the TIS “The table [table 4, page 9] indicates that the construction of the [subject development] will not create roadway capacity issues at the study intersections. All adjacent intersections will function at LOS C or better with the planned projects in this area. No roadway modifications are needed to improve intersection capacity with these projects.” The studied intersections are Stucky and Fowler, Stucky and 27th, 27th and Bennett, 27th and Graf, and Fowler and Bennett. In addition to LOS analysis, “ATS also reviewed the left- and right-turn lane warrants for the intersection of Stucky Road with 27th Avenue and Fowler Lane based on the recommended practices from the MDT Road Design Manual…The traffic volume analysis indicates that the installation of a left-turn deceleration lane will be warranted on Stucky Road at 27th Avenue and Fowler Lane with the planned projects in this area.” The City of Bozeman’s Proposed Capital Improvement Plan – FY2026-2030 includes SIF 191 Stucky: 19th to Fowler. This project is included in the plan specifically to support the higher capacity of vehicles, bicycles, and pedestrians anticipated due to substantial development, including this proposal, Staff Report Range 5 Site Plan Application No. 23306 December 2, 2024 Page 21 of 30 immediately south of Stucky Road. The project will build Stucky Road to a city collector standard with turn lanes as needed as well as sidewalks/pathways and street lighting. The project will evaluate necessary intersection improvements. This project is scheduled starting in FY2027. Document 001c contains the applicant’s concurrent construction plan which includes the improvement of S. 27th Avenue to a city collector standard from Bennett Blvd to Stucky Rd. These improvements will add turn lanes as needed and will include sidewalk and bike lanes. Additionally, the applicant is required to construct the portion of Fowler Lane adjacent to their property to a City standard width and function. As additional properties along Fowler Lane develop, those sections will be required to continue building out Fowler Lane. The scope of improvements will be proportional to each proposed development. A separate infrastructure review according to the process outlined by the Engineering webpage is required for engineering permits and work in the public right-of-way. A Waiver of Right to Protest Creation of Special Improvement Districts (SID’s) for future transportation improvements is a required condition of approval ensuring participation in funding of future infrastructure improvements that may be required to offset impacts created by development of the property. Sidewalks 38.400.080 Yes Comments: Sidewalks are required to be provided along all street frontages and the park. The required width of sidewalks adjacent to street frontages is 5-feet. The required width of sidewalks located adjacent to parkland is 6-feet. Sidewalks must be installed prior to the issuance of occupancy of any phase as the different phases detailed above are developed. Drive access 38.400.090 Access to site: Multiple Yes Fire lanes, curbs, signage and striping Yes Comments: The applicant is proposing to extend the local street grid through the subject property. Four streets will be constructed to the local street standard within the subject property. One drive access is proposed from the Apex Drive street extension, two accesses from the Edgerton Avenue street extension, one access from the Gabriel Avenue street extension, and three from the Bennett Boulevard extension. The engineering division reviewed the proposed drive accesses and street extensions for compliance with their spacing and design standards and the Bozeman Municipal Code. The Fire Department reviewed the site for necessary fire access into the site, fire riser rooms for sprinkler systems, and hydrant locations. Street vision triangle 38.400.100 Yes Transportation pathways 38.400.110 Yes Pedestrian access easements for shared use pathways and similar transportation facilities Yes Public transportation 38.400.120 NA Comments: Two pedestrian paths are proposed to mitigate block length. A 10-foot wide pedestrian access easement containing a 6-foot concrete path is proposed east-west through both blocks of the site. A 10-foot wide pedestrian access easement containing a 6-foot concrete path is proposed to run north-south through the eastern block of the development. Both paths meet the design and setback requirements for compliance with BMC 38.410.040.D. 6b. Conformance with Article 4 – Community Design Provisions: Community Design and Elements (38.410) Meets Code? Neighborhood centers 38.410.020 Yes Comments: The applicant has proposed the public park on the east side of the development to serve as the neighborhood center. The park meets the size, location, and use requirements to serve as a neighborhood center. It is located within 600-feet from the geographic center point of the development, is at least one acre in size, and will contain park improvements serving the neighborhood. Staff Report Range 5 Site Plan Application No. 23306 December 2, 2024 Page 22 of 30 Lot and block standards 38.410.030-040 Yes Midblock crossing: rights of way for pedestrians alternative block delineation Yes Comments: See discussion in 6a above. If the development is adjacent to an existing or approved public park or public open space area, have provisions been made in the plan to avoid interfering with public access to and use of that area NA Provisions for utilities including efficient public services and utilities 38.410.050-060 Yes Easements (City and public utility rights-of-way etc.) Yes Water, sewer, and stormwater Yes Other utilities (electric, natural gas, communications) Yes CIL of water Yes Comments: Design reports certified by a professional engineer in the state of Montana were reviewed by engineering for utilities and infrastructure. Document 008 contains the water and sewer design report. While the occupancy phasing contains 5 phases, the water main infrastructure is proposed to be constructed in 3 phases. Mains will be extended from Apex Drive and Bennett Blvd. from the east of the subject property. Looping and booster pumps are proposed to increase minimum water pressures. The existing domestic well on the property is proposed to be repurposed to irrigate landscaping. Existing sewer main extensions are also proposed from facilities currently located to the east. Sufficient wastewater capacity exists to serve the proposed project. Water adequacy is required prior to final plan approval. Per the design report “No known environmental impacts are anticipated.” The proposed development will meet current state and city standards for sanitary sewer, domestic water, and stormwater design. The proposed project will include the removal of the septic system and drain field for the existing single-family residence on the property. Easements must be provided for private utilities along street frontages. Municipal infrastructure requirements 38.410.070 Yes Comments: Municipal water, sanitary sewer, and the storm sewer system proposed with this project have been reviewed by engineering for compliance with adopted standards. An infrastructure review process and approval is required prior to the commencement of construction of any required infrastructure. Grading & drainage 38.410.080 Yes Location, design and capacity of stormwater facilities Yes Stormwater maintenance plan Yes Landscaping: native species, curvilinear, 75% live vegetation 38.410.080.H Yes Comments: Document 009 contains the stormwater design report. The location, design, and capacity of existing and proposed stormwater facilities were reviewed by engineering. The development has been broken up into multiple drainage basins with a combination of underground infiltration chamber systems and stormwater ponds. The proposed stormwater infrastructure is also required to capture storm drainage from the public ROW. The construction and maintenance of the proposed drainage facilities must be to the satisfaction of the City of Bozeman Storm Water Department before adequacy of any buildings in the construction sequence proposed by the phasing plan. Watercourse setback 38.410.100 NA Watercourse setback planting plan 38.410.100.2.f NA 6c. Conformance with Article 4 – Community Design Provisions: Park and Recreation Requirements (38.420) Meets Code? Parkland requirements 38.420.020.A Yes Cash donation in lieu (CIL) 38.420.030 Yes Improvements in-lieu NA Staff Report Range 5 Site Plan Application No. 23306 December 2, 2024 Page 23 of 30 Comments: The required parkland calculation provided with this application with the known density of development of the lot was evaluated by the Parks Planner. A combination of cash in lieu (CIL) and land dedication is proposed to meet parkland requirements. The anticipated Cash-in-lieu of Parkland (CILP) value is $389,012.05. 1.56 acres of CILP equivalent is required for dwelling units in excess of the provided land dedication (12.99 acres x 4 du x 0.03 acres) + 1.81 acres CILP equivalent for parkland adjustments (3.12 required - 1.31 provided) = 3.37 acres CILP equivalent due. Park Frontage 38.420.060 Yes Park development 38.420.080 Yes Recreation pathways 38.420.110 Yes Park/Recreational area design Yes Comments: One public park is proposed with this application, located at the far east side of the development. The 3.27 acre park (1.31 acres of qualifying parkland) is proposed to be built with phase 1 of the development. The east side of the park is proposed as a natural wetland buffer with groupings of trees and shrubs providing a natural barrier and protecting the wetland from foot traffic. A combination of gravel and concrete paths is proposed to facilitate movement through the park. Park amenities include picnic tables, a variety of benches, a pavilion shelter, a raised bed community garden, lighting, concrete skate features, and a combination of irrigated turfgrass and native grass seed. Park design was reviewed by the Parks Department for conformance with City park design standards, and plans. Additional Public parks exist within a half mile of the subject property at Gran Cielo Park, and Enterprise Park. 7a. Conformance with Article 5 – Project Design: Block Frontage Standards (38.510) Meets Code? Block frontage classification Landscaped & Special Residential Yes Departure criteria None requested NA Comments: This proposed project is meeting the landscaped block frontage standards for all four street frontages including building placement, building entrances, façade transparency, weather protection, and parking location. The buildings are placed 15-feet from the property line, meeting the 10-foot setback requirement. The street elevations of the 12-unit buildings are meeting the façade transparency requirements by providing 18.9% of transparency over the entire façade with 15% required for residential uses, and the 36-unit buildings are meeting this standard by providing 21.5% transparency. Landscaped block frontage requires building entrances be visible and directly accessible from the street. The applicant is meeting this standard by providing individual pedestrian connections to each ground level unit entrance lining all four street frontages, as well as to the shared entrances. These entrances are covered patios with weather protection exceeding the minimum 3-foot depth requirement. Where parking is visible from the street, landscape screening is required and proposed to be provided per BMC 38.550.050. The applicant is also providing a 10-foot landscaped setback and fenced semi-private patio between ground level living spaces and interior walkways meeting the front setback option in 38.510.030.J.2 for the Special Residential block frontage located along interior sidewalks and pathways. This standard is required to address buffer requirements between private residential spaces, shared parking, and circulation interior to the site. 7b. Conformance with Article 5 – Project Design: Site Planning and Design Elements (38.520) Meets Code? Design and arrangement of the elements of the plan (e.g., buildings, circulation, open space and landscaping, etc.) so that activities are integrated with the organizational scheme of the community, neighborhood, and other approved development and produce an efficient, functionally organized and cohesive development Yes Relationship to adjacent properties 38.520.030 NA Staff Report Range 5 Site Plan Application No. 23306 December 2, 2024 Page 24 of 30 Non-motorized circulation and design systems to enhance convenience and safety across parking lots and streets, including, but not limited to paving patterns, pathway design, landscaping and lighting 38.420.040 Yes Comments: Interior sidewalks are proposed along the perimeters and through parking areas that will allow for direct access to open space area and trash enclosures. All interior frontages of buildings are proposed with pedestrian facilities that connect throughout the site and to the public sidewalk network. The application is meeting code requirements in this section for sidewalk design including properly marked crosswalks, pedestrian paths through parking lots, and pathway design with adjacent landscaping near buildings. Design of vehicular circulation systems to assure that vehicles can move safely and easily both within the site and between properties and activities within the general community 38.420.050 Yes Internal roadway design 38.520.050.D NA Comments: NA On-site open space 38.520.060 Total required 46,800 square feet Yes Total provided 55,846 square feet Yes Comments: The application exceeds minimum open space requirements. Shared open space is generally located adjacent to mid-block crossings where seating and landscaped areas are provided. Screening is provided by a split rail fence to separate the spaces from parking and other service areas. Balconies and patios make up the balance of private open space for each resident. The total area of open space provided by balconies does not exceed the required threshold of 50% of the total required area. Balconies meet the dimensional requirements and are generally 6-feet x 10-feet for the 12-unit buildings and 6-feet x 14-feet for the 36-unit buildings. Location and design of service areas and mechanical equipment 38.520.070 Yes Comments: PTAC units are proposed in the wall on each unit and will be screened by an external cover. No ground level or rooftop mechanical equipment is proposed with the building design. Utility meters are to be screened by landscaping, primarily juniper plantings. Solid waste will be collected via shared dumpsters within covered solid waste enclosures that meets the requirements of this section by providing durable construction materials painted or paneled to match nearby buildings. Landscaping is provided surrounding solid waste enclosures meeting the requirements of this section. 7c. Conformance with Article 5 – Project Design: Building Design (38.530) Meets Code? Compatibility with, and sensitivity to, the immediate environment of the site and the adjacent neighborhoods and other approved development 38.530.030 Yes Building massing and articulation 38.530.040 Yes Building details, materials, and blank wall treatments 38.530.050-070 Yes Comments: The apartment buildings are meeting the building design standards of this section including articulation, materials, and details. Changes in roofline, materials, and windows/patios are used for articulation. Primary building materials include 22 Ga. Box rib metal meeting the thickness requirements of this section, horizontal lap, vertical, and board and batten oriented James Hardie siding, exposed wood beam supports, and asphalt roofing. BMC 38.530.030 is met by providing durable materials, and pedestrian scaled entrances. Pedestrian connections to ground level patios provide direct connections to streets and walkways, meeting frontage requirements, and opaque patio finishes provide a public private transition space for residences. Gabled weather protection at entrances provide entry articulation. Blank walls are mitigated by a combination of exterior wall openings to daylight stairwells above the first floor, and shrubs with a mature height of 10-15 feet at the main level where no openings are provided for the end elevations of the 36-unit buildings. Windows are incorporated into the end elevations of the 12-unit buildings with no blank walls present. The proposed 36-unit buildings exceed the 150-feet maximum Staff Report Range 5 Site Plan Application No. 23306 December 2, 2024 Page 25 of 30 7d. Conformance with Article 5 – Parking (38.540) Meets Code? Parking requirements 38.540.050 Yes Yes Parking requirements residential 38.540.050.A.1 624 spaces Reductions residential 38.540.050.A.1.b None proposed Parking requirements nonresidential 38.540.050.A.2 NA Reductions nonresidential 38.540.050.A.2.c NA Provided off-street 557 spaces Provided on-street 98 on-street available Bicycle parking 38.540.050.A.4 62 required, 360 provided Comments: A parking calculation for the overall development is provided on the coversheet. Parking is proposed within a shared surface parking lot with some covered under carports, and in garages. Each stall provided off-street meets the stall, aisle, and driveway design requirements of Section 38.540.020. On-street parking provides a residential reduction of 98 spaces. Each residential apartment is proposed with two bedrooms. The applicant is required to provide 2 parking spaces for each apartment for a total of 624 spaces. 149 spaces are proposed as carport spaces, 44 garage spaces, and 364 surface parking spaces. The applicant must provide accessible spaces in the number and configuration as required by the Building Division and state and federal laws. A phased parking count is provided on the coversheet, and shows each phase adequately parking to meet demand per phase. Bike parking will be provided at racks adjacent to each proposed building with inverted U racks. Bicycle parking areas meet the length and width dimensions for each stall and utilize the sidewalk to meet circulation requirements. Additional bicycle parking will be provided in bicycle closets that are sized to meet the length and width standards of this section for a bicycle parking space at over 7-feet by 2-feet 9-inches. The location of bicycle parking is located on the civil, landscaping, and floor plans. Loading and uploading area requirements 38.540.080 NA First berth – minimum 70 feet length, 12 feet in width, 14 feet in height NA Additional berth – minimum 45 feet length NA Comments: NA 7e. Conformance with Article 5 – Landscaping (38.550) Meets Code? Mandatory landscaping requirements 38.550.050 Yes Drought tolerant species 75% required Yes Parking lot landscaping Yes Additional screening Yes Street frontage Yes Street median island NA Acceptable landscape materials Yes Protection of landscape areas NA Irrigation: plan, water source, system type Yes Residential adjacency NA Comments: The provided landscaping plan conforms to standards. Landscaping of public lands 38.550.070 Yes façade width and must employ features to break up the massing per BMC 38.530.040.E. The proposed design meets the requirements of E.2 for use of a contrasting vertical modulated design component that utilizes a change in materials that effectively contrast from the rest of the façade, and vertically modulated balconies with a relief of 6-feet at regular intervals. Each row of patios is capped by a gable roof, with pitched roofline segments at two scales meeting the requirements of 38.530.040.F. Staff Report Range 5 Site Plan Application No. 23306 December 2, 2024 Page 26 of 30 Comments: Landscaping requirements were reviewed by Planning and Water Conservation for conformance with each department’s standards. Planning reviewed for screening and parking area landscaping as required in the mandatory landscaping requirements, as well as required landscaping as a part of site design and block frontage standards. All surface parking lots are landscaped with tree islands at the maximum distance set in this section. The landscape notes sheet contains calculations for required parking lot landscaping. Parking lot screening standards require plants with a minimum of 4-6-feet of mature height. A combination of trees and shrubs is provided in screening beds to achieve this standard as outlined by the landscaping sheets and the plant schedule. 62 trees and 11,000 square feet of landscaping is required within the boundaries of all the parking areas. The applicant is providing 74 trees and over 22,000 square of landscaping beds. All street extensions and improvements will contain 1 tree per 50 feet of boulevard for a total of 68 trees to be planted along roadways. The park street frontage is required to be landscaped with 20 trees and those are provided along Apex Drive, Gabriel Avenue, and Bennett Boulevard. Water conservation reviewed the landscaping plans for compliance with the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual (the Manual) for compliance with maximum turfgrass area, minimum landscape coverage, approved plant species, topsoil requirements, efficient irrigation components and required trees. The applicant is required to schedule a pre-installation meeting with all contractors responsible for the installation of the landscape and irrigation system and meet the process standards outlined in the manual as each phase is developed for compliance with water conservation standards. 7f. Conformance with Article 5 – Signs (38.560) Meets Code? Allowed SF/building 38.560.060 NA NA Proposed SF/building NA NA Comments: No residential complex identification signs are approved with this application. Separate sign permits meeting the requirements of this code section are required prior to the installation of any signs. 7g. Conformance with Article 5 – Lighting (38.560) Meets Code? Site lighting (supports, cutoff, footcandles, temperature) 38.570.040 Yes Building-mounted lighting (supports, cutoff, footcandles, temperature) 38.570.040.B Yes Comments: Site lighting is proposed at building entrances and patios, and underneath covered parking roofs. All lighting conforms to cutoff and intensity standards. Footcandles do not exceed maximums at the property lines for public street adjacency. Sufficient lighting is provided at building entrances. Street lighting will be required by the engineering division for compliance with City standard specifications on fixtures and intensities at intersections. 8. Conformance with Article 6 – Natural Resource Protection Meets Code? Floodplain regulations 38.600 NA Wetland regulations 38.610 Yes Comments: Wetlands existing adjacent to the east side of the subject property. A wetland delineation and functional assessment was provided by Sundog Ecological Inc. and was conducted in May of 2023. Classification methods and field studies are outlined in the delineation. These reports were reviewed by the City’s wetland consultant NAIAD Aquatic Consultants LLC for sound science and methodology. Three wetland areas were identified and classified as wetlands 1, 2, and 3 within the report. Class, hydrology and dominant vegetation were provided. Upland sample data points were taken to establish wetland boundaries. Wetlands total 2.08 acres or 90,654 square feet. Per the delineation “Wetland areas were identified along three laterals of the West Gallatin Canal and in low-lying and depressional areas along the east property boundary. Identified wetlands were classified as palustrine emergent wetlands.” A post-Sackett memorandum from the US Army Corps of Engineers was provided on June 24, 2024. From the memo “An Approved Jurisdictional Determination (AJD) is a Corps document stating the presence or absence of waters of the United States on a parcel or a written statement and map identifying the limits of waters of the United States on a parcel.” All three wetland areas are considered jurisdictional (Section 404). This determination was made by assessing that the ag. ditches associated with the wetlands flow Staff Report Range 5 Site Plan Application No. 23306 December 2, 2024 Page 27 of 30 into the East Gallatin, the Gallatin, and eventually the Missouri River. The functional assessment identified the wetlands as high disturbance from human activity with low diversity of vegetation. No impacts to threatened or endangered species were documented. Three proposed points of disturbance were identified in the wetland impact exhibit in document 011f. Areas disturbed by necessary transportation and utility extensions are identified in pink, and disturbed areas for site improvements are identified in blue. Jurisdictional wetlands are federally regulated, and appropriate mitigation and permitting from the US Army Corp is required prior to commencing construction activities within wetlands. The development code does not provide a required wetland buffer when no watercourses are present. BMC 38.610.090 requires the applicant to provide a buffer “of a size appropriate for the particular proposed activity and the particular regulated wetland area.” The applicant has proposed to place that buffer within the proposed park area. Delineation between the park area used for active uses and the wetland area of the park is provided in the park landscaping plan. The buffer is made up of native and riparian seeded areas that will not be irrigated. Plants provided include a mix of riparian trees and shrubs. 9. Relevant Comment from Affected Parties (38.220) Meets Code? Public Comment Yes Comments: A public notice period was conducted and is detailed on page 1 of this report. The application received 137 public comments prior to the close of the public comment period, and six public comments after the close of the public comment period. Staff has summarized the primary topics focused on within the public comment letters revived:  Impacts to the adjacent farm and farm business  Construction impacts to neighboring properties  The Bozeman Community Plan (growth policy) and management of growth.  Adoption of zoning  Infrastructure improvements, traffic and safety  Affordable housing  Impacts to agricultural water users and water quality  Environmental impacts of site development. Not all comments represent criteria within the development code that staff reviews when determining if a project meets, or meets with conditions and code provisions, the requirements of Chapter 38 of the Bozeman Municipal Code (BMC) for a site plan development. Below is a list of criteria cited in the above public comment staff may utilize when providing a recommendation of approval for a site plan application, or for clarification:  Compatible development between annexed and unannexed property. The development code does not contain any criteria for compatibility between annexed and zoned property within city limits and property zoned outside of city limits zoned by the county. The City’s regulations only apply within its legal limits. The growth policy designation within the City’s growth policy, also known as the Bozeman Community Plan 2020 (BCP), for the subject property and adjacent properties outside of the City, is Urban Neighborhood. As stated in section 1 of this report, the Urban Neighborhood category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities and includes complementary uses such as parks, home-based occupations, fire stations, churches, schools, and some neighborhood-serving commerce. The expectation for development within the City’s growth boundary is that of an urban nature. Neither the BCP, nor the development code anticipate lower density development at the City’s edges. As stated in the BCP “Certain US cities and towns have attempted to artificially constrain growth by limiting annual growth percentages, limiting building permits, establishing greenbelt buffers, building height restrictions, etc. Generally speaking, such artificial growth limits tend to redistribute future growth outside city boundaries, drive up housing prices and rental costs, increase commuting times, and limit employment opportunities within city boundaries.” It is generally understood, as stated in the Community Plan that “Development within the City is more land efficient than rural or suburban development in Staff Report Range 5 Site Plan Application No. 23306 December 2, 2024 Page 28 of 30 unannexed areas. Urban intensity development whether more intensive apartment style development or more typical medium density residential is much more land efficient than rural/suburban development.” The City is required to review proposed development against The Unified Development Code (UDC), which is Chapter 38 of the Bozeman Municipal Code (BMC). Per BMC 38.100.040 “The intent of this unified development chapter is to protect the public health, safety and general welfare; to recognize and balance the various rights and responsibilities relating to land ownership, use, and development identified in the United States and State of Montana constitutions, and statutory and common law; to implement the city's adopted growth policy; and to meet the requirements of state law.” Recognizing the rights and responsibilities of the property owner of the subject property and adjacent property owners, City staff can only review for the stated criteria within the adopted zoning district.  Traffic impacts. Traffic impacts were mentioned by several commenters, specifically on Fowler Lane and Stucky Road. The impact of the proposal on existing and anticipated traffic and parking conditions is a required criteria of BMC 38.230.100.A.6.a(2). The criteria for traffic impacts are analyzed in section 6a of this report. A traffic impact study (TIS) prepared by Abelin Traffic Services in September, 2023 by a Professional Engineer registered in the state of Montana was submitted with the site plan application. This report is located in the application documents in the online materials under document 010. The TIS identified a larger than anticipated volume of vehicle trips per day on Stucky Road. City staff recognize that there is a significant amount of the traffic generated along the Stucky corridor, specifically, east-west bound traffic movements that are generated from background growth in the Valley, which includes areas outside of the City limits. Recognizing these growth trends and general development patterns within the Stucky and South 27th corridors, the City’s Capital Improvement Program includes SIF191 Stucky: 19th to Fowler (CIP) to help address growth along the Stucky corridor between Fowler Lane and South 19th Ave. SIF191 is currently scheduled for fiscal years 2027-2028 and would generally include building Stucky out from a two lane road to a City collector standard road section, the addition of turn lanes as required , multi-modal facilities, and additional intersection controls as warranted. Details surrounding specific roadway improvements will be formalized during the design phase. SIF 191 is funded in part with Transportation Impact Fees which are paid by all new developments to offset the cost of capacity enhancing projects such as this. The City is currently in fiscal year 2025. The applicant has proposed a phased construction schedule, staging full build out of the proposed development with a two year entitlement from the final plan approval date. Commenters also mentioned combined trips per day for the proposed project and the Buffalo Run project, located to the south, currently under construction. Long range traffic projections in the provided TIS state “Although the projected near-term LOS for Stucky Road and Fowler Lane is acceptable with the construction of the planned projects in this area through 2026, it is likely that the intersection will require the development of a traffic signal or roundabout to function through 2040 if additional areas near Fowler Lane are developed in the future.” As stated above the City has scheduled capital improvements to the Fowler to 19th Stucky corridor that will address these concerns. Additional developments in this area currently in active review with the City are located on the Community Development Viewer map. During the course of the review process for development of these projects, staff may require improvements be constructed by each development, or payment towards capital improvements (cash-in-lieu of infrastructure) proportional to individual impact at the time of each individual review to offset traffic impacts and facilitate transportation improvements.  Building height and solar access. Building height is a zoning requirement that is discussed in section 5 of this report. The proposed buildings are meeting the height requirements of R-4 zoning. Building heights for both the 12-unit and 36-unit buildings are between 36-feet and 45-feet with varying roof pitches including 8:12 at the maximum ridge. The maximum building height in R-4 zoning is 50-feet with any maximum roof pitch of 3:12 or greater. The development code does not provide criteria for shadows and solar access outside of BMC 38.520.030.C which provides Staff Report Range 5 Site Plan Application No. 23306 December 2, 2024 Page 29 of 30 standards for light and air access along rear and side property lines for multi-household dwellings whose only solar access is from a side of a building likely to be placed close to a property line. In such cases, an additional setback is required to mitigate a potential loss of solar access to residents of either property. This code section does not apply to the subject application. No buildings are proposed to be placed against side or rear property lines. Buildings will placed in excess of 80-feet from the north property line when the extension of the Apex Drive ROW is added to the required front setbacks of the buildings proposed to be built along it. There is a similar setback from the south property line along Bennett Boulevard. The west property line requires a minimum setback of 15-feet from Fowler Lane once additional ROW for Fowler is provided. The east property line is proposed to contain a park and Gabriel Avenue which places the nearest building over 250-feet from that property line. This criteria is covered in section 5 of this report.  Building quality and aesthetic impact. Building design is discussed in section 7c of this report. BMC 38.530 provides standards for building design including massing and articulation, building details, building materials, and blank wall treatments. The purpose of this section is to emphasize high quality design in Bozeman’s built environment. The application is meeting the minimum standards required in this section.  Ground and surface water impacts. The City identifies the availability of needed infrastructure at the time of site plan review based on demand identified in the engineering reports received with the application submittal. While comments were primarily provided regarding surface and ground water, the development is required to connect to City water and wastewater mains within the municipal utility system as extensions from adjacent development from the east, not utilize groundwater for residential development. Groundwater may be utilized for irrigation of landscaping subject to obtaining a water right from MT DNRC. Existing and new exempt wells are regulated by the DNRC.  Grading and drainage. Comments identified concerns regarding “runoff” from the proposed development impacting existing water tables. Per BMC 38.410.080 and the City’s engineering design standards, the developer must install complete drainage facilities in accordance with the requirements of the State Department of Environmental Quality and the City, and must conform to any applicable facilities plan and the terms of any approved site specific stormwater control plan. Drainage systems must not discharge into any sanitary sewer facility or agricultural water user facility without the permission of the agricultural facility owner. Stormwater review is located in section 6b above.  Agricultural water user facilities. Impacts to downstream agricultural water users was cited in the public comment. Code provision 3 requires additional coordination from the applicant prior to final plan approval or final infrastructure approval, whichever occurs first. Conditions of Approval 4-6 require that the applicant provide sufficient information regarding ditch laterals that were claimed to be abandoned. Additionally, the applicant must obtain written approval form the appropriate ditch company and ditch users for all provided onsite and offsite impacts to all existing ditches affected by the development. If no response is provided from the identified parties or written approval is not given, the applicant must provide a hold harmless, indemnity, and defense agreement acceptable by the City Attorney. The applicant must additionally provide a minimum 20-foot wide ditch access and maintenance easement for any existing ditch that is proposed to be longitudinally piped or relocated.  Affordable housing. House Bill 259 passed during the 2021 Montana State Legislature prohibits inclusionary zoning and the City from requiring housing fees or the dedication of real property for the purposes of providing housing for specified income levels. As a response to the passage and enactment of that bill, the City passed Ordinance 2015, which replaced the city’s inclusionary zoning requirements with voluntary affordable housing incentives under BMC 38.380. This application does not seek any incentives under BMC 38.380 and does not propose to provide any affordable housing therefore no analysis is provided. For additional information about the City’s Community Housing Program, please see their website. Staff Report Range 5 Site Plan Application No. 23306 December 2, 2024 Page 30 of 30  Construction management. Comments regarding construction management and impacts to neighboring properties were provided. A construction management and plan was provided by the applicant within the phasing plans located in drawings 020-024. Staff does not have specific code requirements regarding construction impacts, but an info only comment has been added to this report regarding sensitivity to adjacent properties. BMC 16.06.090 provides noise requirements for construction operations, allowed hours of activity, and enforcement. Construction activities that violate this article may be reported to the Bozeman Police Department or Code Enforcement. 10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code? Subdivision exemptions NA Required easements Yes Comments: No changes to lot lines are proposed. Adequate original easements are required prior to final plan approval.