HomeMy WebLinkAbout11-13-17 City Commission Packet Materials - A7. Second High School Annexation and Zone Map AmendmentPage 1 of 27
17454, Staff Report for the 2017 Second High School Annexation and Zone
Map Amendment
Public Hearing: Zoning Commission public hearing is on October 17, 2017
City Commission public hearing is on November 13, 2017.
Project Description: Annexation of 36.896 acres and amendment of the City Zoning Map
for the establishment of a zoning designation of PLI, Public Lands and Institutions.
Project Location: The property is located east of N. Cottonwood Road and west of
Flanders Mill Road between the future extensions of Oak and Annie Streets. The
property is legally described as Tract 1A2 of Certificate of Survey 2554B, City of
Bozeman, Gallatin County, Montana
Recommendation: Approval with terms of annexation and contingencies.
Recommended Zoning Commission 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 17454 and
move to recommend approval of the 2017 2nd High School Zone Map Amendment,
with contingencies required to complete the application processing.
Recommended City Commission Annexation 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
17454 and move to approve the 2017 2nd High School Annexation with
recommended terms of annexation, and direct staff to prepare an annexation
agreement for signature by the parties.
Recommended City Commission 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 17454 and
move to approve the 2017 2nd High School Zone Map Amendment, with
contingencies required to complete the application processing.
Report: November 2, 2017:
Staff Contact: Chris Saunders, Community Development Manager
Agenda Item Type: Action - Legislative
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EXECUTIVE SUMMARY
Unresolved Issues
1) The School District’s originally submitted traffic impact study (TIS) assumed Cottonwood
Road was completed between Oak Street and Baxter Lane. It is not. City staff requested the
School District revisit the TIS and remove this segment of Cottonwood (including the
Cottonwood Road/Baxter Lane intersection) from the assumption in the TIS and present an
updated TIS to the City. If the updated TIS indicates either Cottonwood Road (between Oak
Street and Baxter Lane) and/or the intersection of Cottonwood Road and Baxter Lane are
necessary to accommodate the traffic demands from the site, city staff will work with the
School District to address necessary mitigation. The intent is that the nature and extent of
necessary mitigation be identified prior to the City Commission’s approval of the annexation
agreement as such mitigation should be identified as part of the terms of annexation. As such,
this issue is not currently addressed in the terms of annexation included in this report.
2) Construction of Cottonwood Road from Oak Street to Baxter Lane. The full construction
of this key road link requires additional right of way to the west. The City has all the right of
way on the east side. As noted in Unresolved Issue 1, the consequence of the school will be
reevaluated. The long range transportation plan includes this link to service the school and
sports park as well as the larger community. The exact timing isn’t yet established. The City
will continue to work with the School District to identify the effect of the school on this
section of roadway and to identity the timing and scope of needed construction. Acquisition
of the right of way varies in difficulty.
3) Funding/construction of Davis Lift Station & Norton East Ranch Interceptor – The City
has been working with other interested parties to construct these facilities. The proposed CIP
for 2019-2023 includes construction of these facilities with the City leading the work and
being reimbursed as appropriate by other beneficiaries. The City Commission has not yet
acted to approve the CIP. Construction of these facilities will provide adequate service to the
school and many other properties and is the preferred solution. This is the anticipated least
cost to the school option. The final design and routing of the line is not complete. However,
the long range sewer facility plan indicates the route will likely cross the Chief Joseph
Middle School site. Route investigation is underway. An easement will be needed to place
the line outside of public right of way.
Project Summary
The Bozeman High School District finds that a second high school is necessary to meet the
educational needs of the District students. They have selected a site and are now pursuing
annexation and municipal zoning of the property in preparation for construction of a new
high school. The requested PLI, Public Lands and Institutions District, is a good fit for the
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proposed use. The property is between an existing school site to the south and a large City
park to the north, both zoned PLI.
This is a large and complex project. Significant infrastructure expansion is needed to support
a second high school. Not all elements of the project will be addressed with the annexation
agreement but will be addressed with separate agreements. If the Commission decides to
annex the property, an annexation agreement will need to be drafted addressing the terms of
annexation (see below) and other general requirements of annexation. In addition, a separate
interlocal agreement must be created to identify the sharing of financing of infrastructure.
And a second interlocal agreement must be created to address shared use of the City’s Sports
Park and possible shared improvements and management of the park. These separate
agreements are being discussed between the Staff and School District representatives. No
action on these other agreements is required as part of the annexation or zone map
amendment.
Zoning Commission
The Zoning Commission conducted their public hearing on October 17, 2017. No public
comment was received at that time. The Zoning Commission unanimously recommended
approval of the PLI zoning as requested. The video of the meeting is available
at https://www.bozeman.net/services/city-tv-and-streaming-audio.
Alternatives
As identified by the City Commission.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 2
Unresolved Issues ............................................................................................................... 2
Project Summary ................................................................................................................. 2
Zoning Commission ............................................................................................................ 3
Alternatives ......................................................................................................................... 3
SECTION 1 - MAP SERIES .................................................................................................... 5
SECTION 2 - RECOMMENDED TERMS OF ANNEXATION ............................................ 6
SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT... 11
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 12
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Annexation ........................................................................................................................ 12
Zone Map Amendment ..................................................................................................... 12
SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS ................................ 13
SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ........... 20
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 23
APPENDIX A - NOTICING AND PUBLIC COMMENT .................................................... 24
APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 25
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF ............................ 27
FISCAL EFFECTS ................................................................................................................. 27
ATTACHMENTS ................................................................................................................... 27
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SECTION 1 - MAP SERIES
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Enlarged Zoning Vicinity Map
SECTION 2 - RECOMMENDED TERMS OF ANNEXATION
The following terms of annexation are recommended to enable the application to comply
with the City’s Annexation Policy and the requirements of state law for the provision of
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services. For purposes of this Section, the property owner is Bozeman School District #7 and
is referred to herein as “the Owner.” The property subject to annexation is referred to simply
as “the Property.”
Recommended terms of annexation:
1. The documents and exhibits to annex the Property to the City must be identified as the
“2017 Second High School Annexation.”
2. An Annexation Map, titled “2017 Second High School Annexation Map” with a legal
description of the Property and any adjoining unannexed rights-of-way and/or street access
easements must be submitted by the Owner for use with the Annexation Agreement. The
map must be supplied on a mylar for City records (18" by 24"), a reduced 8 ½" by 11" or 8
½” by 14" exhibit for filing with the Annexation Agreement with the Office of the Gallatin
County Clerk & Recorder, and a digital copy for the City Engineer’s Office. This map must
be acceptable to the Director of Public Works and the City Engineer’s Office, and must be
submitted with the signed Annexation Agreement.
3. The Owner must execute all contingencies and terms of said Annexation Agreement with
the City within 60 days of the distribution of the annexation agreement from the City to the
Owner or annexation approval shall be void.
4. The Owner and any of its successors in interest must pay all fire, street, water and sewer
impact fees at the time of connection. For future development on the Property, the Owner
must pay impact fees as required by Chapter 2, Bozeman Municipal Code, or as amended at
the time of application for any permit listed therein.
5. The Owner must execute as part of the annexation agreement, a waiver of right-to-protest
creation of Special Improvement Districts for a City-wide Park Maintenance District, which
would provide a mechanism for the fair and equitable assessment of maintenance costs for
City parks.
6. The Annexation Agreement must include notice that, prior to occupancy of any
development on the Property, certain off-site infrastructure, as detailed here pursuant to terms
of annexation 8-10, must be completed and that in addition to such off-site infrastructure
other facilities must be installed if such facilities are necessary to provide full municipal
services to the Property in accordance with the City’s infrastructure master plans and all
policies that may be in effect at the time of development.
7. Cash-in-lieu of water rights must be provided in the amount and timing required per
Section 38.23.180 of the Bozeman Municipal Code.
8. Public Right of Way
A. Prior to construction of the east half of Cottonwood Road adjacent to the Property, the
Owner must provide the City Engineering Division an original, executed easement on
City standard form at the time of the Owner’s execution of the annexation agreement
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granting to the public forever a 60-foot wide public street and utilities easement for the
construction of Cottonwood Road and installation of public and private utilities. The
easement must be no less than 60-feet in width as measured from the centerline of
Cottonwood Road to the western boundary of the Property and run from the southern to
the northern boundaries of the Property.
B. Prior to construction of the south half of Oak Street adjacent to the Property, the owner
must also provide the City Engineering Division an original, executed easement on City
standard form at the time of the Owner’s execution of the annexation agreement granting
to the public forever 60-foot wide public street and utilities easement for the future
construction of Oak Street and installation of public and private utilities. The easement
must be no less than 60-feet in width as measured from the centerline of Oak Street to the
northern boundary of the Property and run the entire length of the northern boundary of
the Property.
9. Street Construction
A. Oak Street: The annexation agreement must contain a provision that requires, prior to
occupancy of any development on the Property, the entire cross section of Oak Street
between Cottonwood Road and Flanders Mill Road to be constructed to existing city
design to include curb, gutter, a shared use path on the south side, and other required
appurtenances consistent with the arterial street configuration defined in the City of
Bozeman Transportation Master Plan (TMP) and per the requirements of the Bozeman
Design Standards and Specifications Policy (DSSP). The Owner must acknowledge that
costs related to change in existing design to Oak Street caused by the inclusion of a
pedestrian tunnel under Oak Street or other pedestrian crossing facility will be borne
exclusively by the Owner. In addition, the Owner acknowledges that any additional
construction costs, including costs directly associated with the tunnel and indirect costs
such as change in grade, fill, etc. required for Oak Street due to construction of the tunnel
will be borne exclusively by the Owner.
B. Cottonwood Road between Durston Road and Oak Street: The annexation agreement
must contain a provision that requires, prior to occupancy of any development on the
Property, the east half of Cottonwood Road between Durston Road and Oak Street to be
constructed to the complete arterial street configuration defined in the City of Bozeman
Transportation Master Plan (TMP) and per the requirements of the City of Bozeman
Design Standards and Specifications Policy (DSSP). Improvements also include curb
and gutter and a shared use path on the east side of the street.
C. Intersection of Cottonwood Road and Oak Street: The annexation agreement must
contain a provision that requires, prior to occupancy of any development on the Property,
the entire intersection of Cottonwood Road and Oak Street to be constructed to a
roundabout design with all four lanes in and out and to the complete arterial street
configuration defined in the City of Bozeman Transportation Master Plan (TMP) and per
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the requirements of the City of Bozeman Design Standards and Specifications Policy
(DSSP).
D. Annie Street: The annexation agreement must contain a provision that requires, prior
to occupancy of any development on the Property, the entire cross section of Annie Street
to be constructed to a City local street standard on a direct east – west alignment within
the existing 74-foot wide easement (as provided for in Document #2426774) along the
southern boundary of the Property for the entire length of the Property between
Cottonwood Road and Flanders Mill Road to include all required signage, striping, and
other required appurtenances. The improvements must include curb and gutter on both
sides of Annie Street, bike boulevard, full width of asphalt, and sidewalks on both sides
of the street.
10. Sewer. The annexation agreement must contain a provision wherein the Owner
acknowledges that sanitary wastewater limitations exist downstream of the 2017 2nd High
School Annexation and that such limitations must be resolved to the City’s satisfaction prior
to occupancy of any development on the Property.
A. The annexation agreement may provide for alternatives for the Owner to address such
limitations. These alternatives include:
Option 1: Prior to occupancy of any development on the Property. the City must
have completed, but only if funding is available from it and other parties,
construction of the Davis Lane lift station and the Norton East Ranch Interceptor
as called for in the City’s waste water facility plan; or
Option 2: If the City does not have sufficient funding to construct the Davis Lane
lift station project prior to occupancy of any development on the Property, the
Owner may make improvements (at its exclusive cost) to the Baxter Meadows lift
station.
B. The Owner recognizes that the route for Option A.1 may cross the Chief Joseph
Middle School property in a location to be determined after design of the Interceptor has
been completed.
11. Interlocal Agreements for Financing Off-Site Infrastructure and Use of the Bozeman
Sports Park: The Owner may enter into an interlocal agreement with the City to provide for
the sharing of costs with the City related to off-site infrastructure listed in terms of
annexation 8-10. In addition, should the Owner desire to use a portion of the Bozeman Sports
Park to meet its parking requirements and construct recreational facilities the Owner must,
prior to commencing construction on the Sports Park, enter into a separate interlocal
agreement with the City that would provide for the Owner and the City to, among others (i)
share costs related to construction of such parking and other facilities; (ii) provide a license
for the owner to construct such facilities on the Sports Park; and (iii) provide for shared use
and maintenance of such facilities.
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12. Payback: 3.05 acres of the Property is located within the Valley West Sewer Payback
district. As such, if the Owner intends to use sewer subject to these payback districts, the
Owner must, at the time of the owner’s execution of the annexation agreement, make the
following payments to the City prior to annexation. The payback rates are as follows:
Sewer: $1,482.47/gross acre of annexing property which is located within the
payback district
The annexation agreement may provide that if the Owner connects to sanitary sewer mains
that are not the subject of the Valley West Sewer Payback District, the Owner is not required
to contribute to the City the payback amount indicated above.
13. Payback: 0.32 acres of the Property is located within the Valley West Water Payback
district. The Owner must, at the time of the owner’s execution of the annexation agreement,
make the following payments to the City prior to annexation. The payback rates are as
follows:
Water: $1,278.29/gross acre of annexing property which is located within the
payback district
14. Waivers of right to protest creation of SIDs: At the time of execution of the annexation
agreement, the Owner must provide the City Waivers of Right to Protest Creation of special
improvements districts (SIDs) for the following:
a. Street improvements to North Cottonwood Road including paving, curb/gutter,
sidewalk, lighting, and storm drainage;
b. Street improvements to West Oak Street including paving, curb/gutter, sidewalk,
lighting, and storm drainage;
c. Street improvements to Durston Road including paving, curb/gutter, sidewalk,
lighting, and storm drainage;
d. Street improvements to Flanders Mill Road including paving, curb/gutter,
sidewalk, lighting, and storm drainage;
e. Intersection improvements including traffic control, paving, curb/gutter, sidewalk,
lighting, and storm drainage to the intersection of Cottonwood Road and Oak
Street;
f. Intersection improvements including traffic control, paving, curb/gutter, sidewalk,
lighting, and storm drainage to the intersection of Cottonwood Road and Baxter
Lane;
g. Intersection improvements including traffic control, paving, curb/gutter, sidewalk,
lighting, and storm drainage to the intersection of Cottonwood Road and Durston
Road;
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h. Intersection improvements including traffic control, paving, curb/gutter, sidewalk,
lighting, and storm drainage to the intersection of Durston Road and Flanders Mill
Road; and
i. Intersection improvements including traffic control, paving, curb/gutter, sidewalk,
lighting, and storm drainage to the intersection of Oak Street and Flanders Mill
Road.
The above waivers must specify that in the event an SID is not utilized for the completion of
these improvements, the Owner agrees the Owner or its successors in interest agree to
participate in an alternate financing method for the completion of said improvements on a
fair share, proportionate basis based on square footage of property, taxable valuation of the
property, traffic contribution from the development, or a combination thereof and which
method will be determined by the City. The waivers must be recorded along with the
recording of the annexation agreement.
15. Storm water master plan. A storm water plan for control and treatment of storm water
from the annexed area must be provided at the time of future development and in accordance
with the City’s adopted storm water regulations and practices.
16. Services provided. The annexation agreement must provide that upon annexation the City
will make available to the Property city services to the extent currently available or as may be
provided in the annexation agreement. The annexation agreement will define the municipal
water and sewer services to be made available. The annexation agreement will also provide
notice regarding any future development limitations on the Property and analysis required
prior to development.
17. The Owner must acknowledge Property will be, upon annexation, subject to annual city
assessments for arterials and collectors and street and tree maintenance.
SECTION 3 - 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 shall be identified as the "2017 Second High School Zone Map
Amendment." All required documents must be returned to the City within 60 days of
the date the City distributes the annexation agreement associated with this application
or the preliminary approval shall be null and void.
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2. That the applicant must submit a zone amendment map, titled "2017 Second High
School Zone Map Amendment", on a 24" by 36" mylar, an 8 ½" by 11" or 8 ½" by
14" paper exhibit, and a digital copy of the area to be zoned, acceptable to the
Director of Public Works, which will be utilized in the preparation of the Ordinance
to officially amend the City of Bozeman Zoning Map. Said map shall either contain a
metes and bounds legal description of the perimeter of the subject property including
adjacent right-of-ways, or reference to a recorded plat or certificate of survey
incorporating the entire property, and total acreage of the property.
3. That the Ordinance for the Zone Map Amendment shall not be finalized until the
Annexation Agreement is signed by the applicant and formally approved by the City
Commission. If the annexation agreement is not approved, the Zone Map Amendment
application shall be null and void.
4. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant
provides an editable metes and bounds legal description prepared by a licensed
Montana surveyor unless the entire area to be amended is included within the bounds
of a recorded certificate of survey or plat.
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS
Annexation
Having considered the criteria established for an annexation, the Development Review
Committee (DRC) found no restrictions on the proposed annexation and identified necessary
terms of annexation to meet requirements for delivery of services.
The City Commission will hold a public meeting on the annexation on November 13, 2017.
The meeting will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin at 6
p.m.
Zone Map Amendment
Having considered the criteria established for a zone map amendment, the Staff recommends
approval as submitted. The 2017 Second High School Zone Map Amendment (ZMA) is in
conjunction with an annexation request. Staff’s recommendation and staff responses are
predicated on approval of the annexation.
The Development Review Committee (DRC) considered the amendment on October 11,
2017. The DRC did not identify any infrastructure or regulatory constraints that would
impede the approval of the application.
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The Zoning Commission held a public hearing on this ZMA on October 17, 2017. They
recommend approval to the Commission of the Zone Map amendment to designate the
property PLI, Public Lands and Institutions.
The City Commission will hold a public hearing on the zone map amendment on November
13, 2017. The meeting will be held at 121 N. Rouse Avenue, Bozeman. The meeting will
begin at 6 p.m.
SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS
In considering applications for approval of the requested annexation, the advisory boards and
City Commission shall consider the following:
Commission Resolution No. 4400 Criteria
Commission Resolution No. 4400 Goals
Goal 1: It shall be the goal of the City of Bozeman to encourage annexations of land
contiguous to the City.
Yes. The property in question is contiguous to the City limits on all sides.
Goal 2: The City shall seek to annex all areas that are totally surrounded by the
City, without regard to parcel size.
Yes. The subject property is wholly surrounded.
Goal 3: The City shall seek to annex all property currently contracting with the
City for services such as water, sanitary sewer and/or fire protection.
Neutral – Not applicable. The subject property is presently vacant and does not contract with
the City for services.
Goal 4: It shall be the goal of the City of Bozeman to require annexation of all land
proposed for development lying within the service boundary of the existing sewer
system as depicted in the Bozeman Growth Policy, and to encourage annexations within
the urban growth area identified in the Bozeman Growth Policy.
Yes. The subject property is within the service area and urban growth area identified in the
growth policy and facility plans. The site is proposed to be developed for a high school.
Resolution No. 4400 Policies
Policy 1: Annexations shall include dedication of all easements, rights-of-way for
collector and arterial streets, water rights, and waivers of right-to-protest against the
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creation of improvement districts necessary to provide the essential services for future
development of the City.
Yes. Right of Way for Cottonwood and Oak: Bozeman Municipal Code (BMC)
38.24.050.A.1 states: “All streets and roads providing access to, and within, the proposed
development shall meet the following standards: Right-of-way width and construction
standards contained in this chapter, the most recently adopted long range transportation plan,
the City of Bozeman Design Standards and Specifications Policy, and the City of Bozeman
Modifications to Montana Public Works Standard Specifications shall apply.”
The term of annexation #8 includes requirements for granting of additional right of way for
Oak Street and Cottonwood Road. These roads are adjacent to the property on the north and
west respectively. The additional right of way is necessary to enable construction of the
arterial streets needed to connect this large and intensive public facility to its users.
Significant traffic will be generated as shown in the provided traffic impact study. The right
of way will contribute to the mitigation of this impact by enabling the extension or widening
of the streets. No additional right of way is required for Annie Street or Flanders Mill Road
as those roads already have all the required right of way.
The School District’s originally submitted traffic impact study (TIS) assumed Cottonwood
Road was completed between Oak Street and Baxter Lane. It is not. City staff requested the
School District revisit the TIS and remove this segment of Cottonwood (including the
Cottonwood Road/Baxter Lane intersection) from the assumption in the TIS and present an
updated TIS to the City. If the updated TIS indicates either Cottonwood Road (between Oak
Street and Baxter Lane) and/or the intersection of Cottonwood Road and Baxter Lane are
necessary to accommodate the traffic demands from the site, city staff will work with the
School District to address necessary mitigation. The intent is the nature and extent of
necessary mitigation be identified prior to the City Commission’s approval of the annexation
agreement as such mitigation should be identified as part of the terms of annexation. As such,
this issue is not currently addressed in the terms of annexation included in this report.
The construction of the portion of Cottonwood Road between Oak Street and Baxter Lane
will require additional right of way. The City has the necessary right of way for the east half
of the road. The western section is owned by a party not included with the annexation
agreement.
Cash-in-lieu of water rights will be required as part of the annexation agreement but the
amount has not yet been determined. See Policy 5 for further discussion.
Easements for extensions of future water mains and sewer mains to the interior of the
property will be provided through the site plan review process. Waivers of right to protest for
several infrastructure elements are found to be required. See term of annexation #14 for the
full list. The waivers will enable participation from the Owner in the expansion or
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maintenance of facilities which will benefit this property by providing access via streets and
associated intersection control and storm water control.
The School District has proposed a portion of its required facilities to be located on the
Sports Park. The waiver of right to protest for a park maintenance district will enable the
necessary funding to maintain the park which will benefit the school. Term of annexation #5
addresses this issue. As a tax exempt entity, the School District does not contribute to the
general property tax revenues that support the Park Department.
Policy 2: Issues pertaining to master planning and zoning shall be addressed in
conjunction with the application for annexation.
a. The initial application for annexation shall be in conformance with the current
Bozeman Growth Policy. If a Growth Policy Amendment is necessary to accommodate
anticipated uses, said amendment process may be initiated by the applicant and conducted
concurrently with the processing for annexation.
Yes. The property is designated “Residential.” The area is shown within the urban growth
area of Figure 3-1. No amendment is required. Development of major public facilities within
the community, serviced by municipal services is consistent with the goals and objectives of
the growth policy. No conflicts have been identified with the growth policy.
b. Initial zoning classifications of the property to be annexed shall be determined by the
City Commission, in compliance with the Bozeman Growth Policy and upon a
recommendation of the City Zoning Commission, prior to final annexation approval.
Yes. The applicant has applied for a Zone Map Amendment to establish an initial municipal
zoning designation of PLI, Public Lands and Institutions. This is an implementing district for
the Residential growth policy designation as shown in Table C-16 of the growth policy.
Action on approval or disapproval of this request will occur at the same meeting as the
review of the annexation. The Zoning Commission made their recommendation in favor of
the PLI designation on October 17, 2017.
c. The applicant may indicate his or her preferred zoning classification as part of the
annexation application.
Yes. The applicant/owner has indicated that they prefer a zoning designation of “PLI”, Public
Lands and Institutions.
Policy 3: Fees for Annexation procedures shall be established by the City Commission.
No fee will be charged for any City-initiated annexation.
Yes. The appropriate application processing and review fees accompanied the application.
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Policy 4: It shall be the general policy of the City that annexations will not be approved
where unpaved county roads will be the most commonly used route to gain access to the
property.
Yes. The property proposed for annexation has access along Cottonwood Road and the future
extensions of Oak Street, Flanders Mill, and Annie Street which will be constructed to City
standards, including paving. Terms of annexation #8 and #9 address this policy for
construction of or expansion of road.
Note: The annexation and the placement of a zoning district designation on the property by
the City does not guarantee available services. 38.07.010.C, BMC states: “Placement of any
given zoning district on an area depicted on the zoning map indicates a judgment on the part
of the city that the range of uses allowed within that district are generally acceptable in that
location. It is not a guarantee of approval for any given use prior to the completion of the
appropriate review procedure and compliance with all of the applicable requirements and
development standards of this chapter and other applicable policies, laws and ordinances. It
is also not a guarantee of immediate infrastructure availability or a commitment on the part
of the city to bear the cost of extending services.”
Policy 5: Prior to annexation of property, it shall be the policy of the City of Bozeman to
acquire adequate and usable water rights, or an appropriate fee in lieu thereof, in
accordance with Section 38.23.180 of the municipal code.
Yes. The proposed annexation exceeds 10 acres in size. Therefore it is eligible for the
deferral of provision of water rights allowed in Section 38.23.180. There are two elements of
water rights which will be addressed with this property. The municipal system will be used to
provide water inside the building for human consumption. The amount will be determined
during the site plan review and will be due prior to issuance of a building permit. Annexation
term #7 includes this requirement. All water rights are controlled and allocated by the State
of Montana. In order to obtain additional water to service new development the City must
obtain additional water rights to be able to divert and treat water for delivery to the new use.
This term of annexation directly offsets the additional demand for service created by the new
annexation.
Additional water will be needed to provide irrigation on the site. The City does not have a
non-potable water delivery system. The School District has indicated they prefer a well to
provide on-site irrigation water. They need to work with the state Department of Natural
Resources and Conservation to address the state required permitting for such a large new
well. Term of annexation #7 is worded broadly enough that if it is necessary for the School
District to find a different approach for site irrigation if it is possible.
Policy 6: Infrastructure and emergency services for an area proposed for annexation will
be reviewed for the health, safety and welfare of the public. If it is found that adequate
services cannot be provided to ensure public health, safety and welfare, it shall be the
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general policy of the City to require the applicant to provide a written plan for
accommodations of these services, or not approve the annexation. Additionally,
annexation proposals that would use up infrastructure capacity already reserved for
properties lying either within undeveloped portions of the City limits or lying outside the
City limits but within the identified sewer or water service area boundaries, shall generally
not be approved.
Emergency services are available to the property to be annexed. Emergency services are
provided to adjacent properties on all sides. Location of the property along multiple arterial
streets will enable rapid response times by emergency services. The location is within the
City’s planned service area.
As for infrastructure, City sewer is adjacent to the site on the west and south. The property
will served by the recently installed sewer trunk to the west. There are present capacity
restrictions downstream. These restrictions do not prevent annexation of the property but will
need to be addressed by the Owner during development of the property. There are two
alternatives to provide service. The City’s preferred option is to install the Davis Lane lift
station and Norton East Ranch Interceptor which will serve not only this property but a large
drainage basin. This is the recommended option from the facility master plan. The City is
pursuing design and financing for this project at this time. Financing will be considered as
part of the next capital improvement program (CIP). The Impact Fee Advisory Committee
recommends approval of the CIP to fund this project.
There is right of way to be obtained for the sewer interceptor. The preliminary layout from
the master plan locates a portion of that right of way at the Chief Joseph Middle School
(CJMS) also owned by the School District. The City and School District must work together
to create additional right of way for this sewer main. Term of annexation #10 provides notice
of the probable future route for the sewer main and the need for an easement. Service will be
impeded without this easement.
If the larger Davis Lane Lift Station and Norton East Ranch Interceptor project is not
completed in time to service the area before the new high school begins operations there is a
second alternative. That alternative is to construct an expansion to the Baxter Meadows lift
station. This is a temporary solution as the additional constructed capacity in the Baxter
Meadows lift station will not be needed once the Davis Lane Lift Station and Norton East
Ranch Interceptor project is in operation. Since this is a temporary solution the cost of
constructing this alternative will be the responsibility of the School District.
Water service is present in near proximity to the site. Extensions within the site will be
needed to locate fire hydrants in proper proximity to the proposed building and facilities. The
School District will be responsible for these extensions within their property. Additional
water mains will be installed within the Oak Street extension to the north of the site.
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See Policy 1 for discussion about street right of way. Several substantial expansions or
extensions to streets will be required to service this property. Oak Street and Cottonwood
Road are arterial streets and serve the larger community as well as this property. As shown in
the submitted traffic impact study, the new high school will generate substantial numbers of
vehicle trips during its normal operations. Additional trips will occur during special events.
Currently, streets necessary to serve the new high school do not yet exist. These include,
Annie Street, Cottonwood Road, and Oak Street. Therefore, it is appropriate that the School
District participate in the construction of improvements to the streets to mitigate this
additional traffic. The City has substantial funds in its CIP to contribute to the extension or
expansion of adjacent streets and streets not immediately adjacent but necessary to serve the
Property. The City has recently provided funding for the widening of Cottonwood Road,
installation of a traffic signal at Cottonwood and Durston Road, expansion of Oak Street,
widening of Flanders Mill road, and installation of Ferguson Avenue all of which have
improved access to the site to be annexed. This recent work is independent of this annexation
request. A term of annexation would allow the city and the School District to enter into a
separate infrastructure funding agreement to identify specific funding sources and methods of
construction of the required streets.
The School District’s originally submitted traffic impact study (TIS) assumed Cottonwood
Road was completed between Oak Street and Baxter Lane. It is not. City staff requested the
School District revisit the TIS and remove this segment of Cottonwood (including the
Cottonwood Road/Baxter Lane intersection) from the assumption in the TIS and present an
updated TIS to the City. If the updated TIS indicates either Cottonwood Road (between Oak
Street and Baxter Lane) and/or the intersection of Cottonwood Road and Baxter Lane are
necessary to accommodate the traffic demands from the site, city staff will work with the
School District to address necessary mitigation. The intent is the nature and extent of
necessary mitigation be identified prior to the City Commission’s approval of the annexation
agreement as such mitigation should be identified as part of the terms of annexation. As such,
this issue is not currently addressed in the terms of annexation included in this report.
The School District requests the City allow it to use a portion of the Sports Park to the north
to address a portion of the high school’s parking needs for the development of the site. City
staff have indicated the City is willing to work with the School District on this approach. A
term of annexation provides that in order for the School District to use the Sports Park
property to meet its parking requirements and to construct a sports field wherein it will have
some level of priority use. An interlocal agreement must be entered into between the City and
School District addressing the terms of shared use and cost of improvements, maintenance,
construction, etc.
A portion of the property, 3.05 acres, is within the Valley West sewer payback and .032 acres
within the Valley West water payback area. These areas were created to recoup to private
developers the expenses incurred in the earlier installation of water and sewer mains that
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benefit the property. Users of these facilities pay a proportional share of the cost of the work.
If no connection is made there is no benefit and no required reimbursement. If the School
District does not tie into sewer subject to these payback districts, the School District will not
be required to pay these amounts. Terms of annexation #12 and 13 address this issue.
Control of storm water prevents damage to City infrastructure or adjacent properties. There
are many ways to accomplish this purpose. The City has adopted various regulations for
control of storm water. The site to be annexed is currently undeveloped and storm water
runoff is minimal. A plan for control of storm water will be needed during the development
process. Term of annexation #15 addresses this issue.
The purpose of an annexation agreement, as authorized in 7-2-4610, MCA is to establish how
and what services are to be provided by the municipality and how services will be extended.
Term of annexation #16 identifies services to be defined in the agreement and term #17
provides notice regarding generally applicable assessments. General services such as
emergency services become available immediately upon annexation. Given the location of
the Property there is no anticipated need to alter services for police and fire protection. Other
services, discussed above, will be available but will require additional infrastructure
installation. For those services, service upon annexation will be that as it exists at time of
annexation. This is addressed in Term of annexation #6.
Policy 7: It shall be the general policy of the City of Bozeman to require annexation of
any contiguous property for which City services are requested or for which City services
are currently being contracted.
Neutral. City water and sewer are adjacent to the property but no services are currently
contracted.
Policy 8: The annexation application shall be accompanied by mapping to meet the
requirements of the Director of Public Works.
Yes. Mapping to meet the requirements of the Director of Public Works must be provided
with the Annexation Agreement. Typically, this includes an 18-inch by 24-inch mylar map, a
reduced 8½-inch by 11 or 14-inch annexation map exhibit, and a digital copy containing the
metes and bounds legal description of said property. Mapping requirements are addressed in
recommended Terms of annexation #1 and #2. Boundary maps and legal descriptions are
necessary for the preparation of the resolution of annexation and the associated zone map
amendment.
Policy 9: It shall be the policy of the City of Bozeman to assess a system
development/impact fee in accordance with Chpt. 2, Art. 6, Div. 9 Bozeman Municipal
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Code (Impact Fees), and in accordance with the Bozeman Growth Policy and other
policies as they are developed.
Yes. There are no structures presently on the site. No impact fees will be required at the time
of annexation. Impact fees are required at the time of building permit for transportation and
fire and at time of connection for water and sewer. Term of annexation #4 includes future
payment of these fees as are in place at time of building permit application.
Policy 10: Public notice requirements shall be in compliance with Montana Code
Annotated. In addition, notice shall be posted in at least one conspicuous location on the
site in question, and mailed to all owners of real property of record within 200 feet of the
site in question using the last declared county real estate tax records, not more than 45
days nor less than 15 days prior to the scheduled action to approve or deny the annexation
by the City Commission, specifying the date], time and place the annexation will be
considered by the City Commission. The notice shall contain the materials specified by
Section 38.40.020.A&B.1, BMC.
Yes. Notices of the public hearing have been sent and posted on the site as set forth under
this policy.
Policy 11: Annexation agreements shall be executed and returned to the City within 60
days of distribution of the annexation agreement, unless another time period is specifically
identified by the City Commission.
Yes. This policy item is specified in Recommended Term of Annexation #3.
Policy 12: When possible, the use of Part 46 annexations is preferred.
Yes. This annexation is being processed under Part 46 provisions. The requested petition for
annexation by the landowner has been received. One hundred percent of land owners signed
the petition.
SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND
FINDINGS
In considering applications for plan approval under this title, the advisory boards and City
Commission shall 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.
In considering the criteria the analysis must show that the amendment accomplishes criteria
A-D. Criteria E-K must be considered and may be found to be affirmative, neutral, or
negative. A favorable decision on the proposed application must find that the application
meets all of criteria A-D and that the positive outcomes of the amendment outweigh negative
outcomes for criteria E-K.
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Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Yes. As shown in Appendix B of this report, the PLI district is an implementing zoning
district for the Residential future land use. The property is planned as Residential. A review
of the growth policy found no conflicts with the goals and objectives of the growth policy.
Section C-7, Appendix B, and Appendix H of the growth policy discuss current educational
characteristics of Bozeman and the need for additional school sites.
Goal PS-2: The City shall work with other service and utility providers to ensure the
adequate and safe provision of services.
Rationale: Public and private utilities often are located within the same rights-of-way and
easements. Coordination between providers is essential to prevent conflicts, damage, and
injury. Services are necessary to support urban development.
Objective PS-2.1: Education - Ensure that the area around educational institutions has
adequate residential parking, facilities, bike paths, safe cross walks, and zoning to ensure
a high quality of life for school users and city residents.
The City is working with the School District to address this goal and objective as the
annexation and zoning review occur and as site development for the new high school is
designed, reviewed, and implemented.
B. Secure safety from fire and other dangers.
Yes. The site is within the service area of the Bozeman Fire Department and Police
Department. The PLI district is to be at the planned intersection of two arterial roads, Oak
and Cottonwood. The site has public right of way either existing or to be created with
annexation on all sides. Once right of way is obtained and the streets are constructed, they
will provide required emergency access. The site is within the service area for the Bozeman
water and sewer utilities. The Owner must ensure development of the property will provide
adequate fire suppression capability upon installation of properly placed fire hydrants.
Hydrant locations will be established during the review of the school development.
C. Promote public health, public safety, and general welfare.
Yes. The PLI district will support development of the 2nd high school. The PLI district intent
is: “The intent of the PLI public lands and institutions district is to provide for major public
and quasi-public uses…” The placement of the PLI district on this site will match the zoning
district and the use. A high school is an intensive use of land with significant traffic, water,
sewer, and other service demands during school and for other special events.
Section 38.13.020 reads in part “… all PLI development shall be subject to review and
approval as provided for by this chapter, based upon recommendations received from the
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applicable review bodies established by article 33 of this chapter as may be applicable, and
shall be required to comply with all applicable underlying zoning requirements…”
The City has adopted the standards of Chapter 38 of the Bozeman Municipal Code to address
a wide range of public health, safety, and general welfare issues. These standards have been
in place for many years and have been tested by many different uses and users and found to
be adequate to their purposes. As the construction follows these standards this criterion will
be met.
D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
Yes. As noted in Criteria A and C, the PLI district is a good fit for a school. As noted in
Criterion C, compliance with adopted standards is expected which ensures that adequate
facilities are available. No new parks are required with non-residential development. The
City is working with the School District to coordinate investments to meet the needs of the
new facility.
E. Reasonable provision of adequate light and air.
Neutral. There setback requirements for the PLI district are those of any adjacent non-PLI
district. The site is bounded by existing or planned roads on all sides which provide
opportunity for light and air to enter the site. Large portions of the site will be used for
parking and exercise facilities which will limit building coverage.
F. The effect on motorized and non-motorized transportation systems.
Neutral, upon construction of required off-site infrastructure. A high school generates
substantial demand for transportation. The site is bounded by existing or planned roads on all
sides of the area to be zoned as PLI. Two of these, Oak Street and Cottonwood Road are
major arterial streets which connect the site to the larger community. The other two streets,
Annie and Flanders Mill, are not arterials but provide significant connections to adjacent
residential areas. These roads will or do include both motorized and non-motorized facilities.
The City has a long range transportation plan to consider necessary road links and
expansions. The City will use this plan in the evaluation of the future impacts of the high
school. Necessary improvements will be required and installed to offset the impacts of a new
school. Therefore, the effect of the PLI district designation will be largely neutral.
The City has recently or is now constructing significant expansions in traffic control and
additional driving lanes in the area that will service this site. Examples are widening of Oak
Street, a traffic signal at Durston and Cottonwood, widening of Cottonwood Road, and
installation of Ferguson Avenue among others.
G. Promotion of compatible urban growth.
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Yes. PLI is an urban district which supports the construction of essential public services
necessary to support additional residential and non-residential development. The site is
currently wholly surrounded by the City so this site is an infill location. The PLI site for the
school will provide educational services to the immediately surrounding and extended
service area of the district.
H. Character of the district.
Yes. The properties to the north and south are also zoned as PLI. To the south is an existing
school operated by the School District . Properties to the east and west are separated from the
site by streets and are developed for residential uses. These homes will be where some of the
students for the new facility will live. Schools are included in the defined category of
Community Center and are allowed in all residential districts as well as PLI.
I. Peculiar suitability for particular uses.
Neutral. The site is generally flat and well situated for municipal services. It has no specific
geographical features that distinguish it from other particular sites in the near vicinity. The
site does have excellent street access existing or planned which will enable good access for
future users. Locations with similar access to utilities and streets and of an appropriate size
and configuration to support a high school are few.
J. Conserving the value of buildings.
Neutral. There are no existing buildings on the site. The site is separated from any non-PLI
area by public streets which provide a buffer from activities on the site.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Yes. The PLI district will enable an intensive use to locate within the City where needed
services can be effectively provided. Locations with similar access to utilities and streets and
of an appropriate configuration to support a high school are few. Substantial residential
development has occurred in the NW part of the community. Placing PLI at this site will
facilitate delivery of important education services to the larger community and specifically
within the City of Bozeman.
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
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Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s)
of real property within the area affected by the proposal or by owner(s) of real property that
lie within 150 feet of an area affected by the proposal. The protest must be in writing and
must be signed by all owners of the real property. In addition, a sufficient protest must: (i)
contain a description of the action protested sufficient to identify the action against which the
protest is lodged; and (ii) contain a statement of the protestor's qualifications (including
listing all owners of the property and the physical address and legal description of the
property), to protest the action against which the protest is lodged, including ownership of
property affected by the action. Signers are encouraged to print their names after their
signatures. A person may in writing withdraw a previously filed protest at any time prior to
final action by the City Commission. Protests must be delivered to the Bozeman City
Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230.
APPENDIX A - NOTICING AND PUBLIC COMMENT
Notice has been provided by posting the site, mailing a notice via USPS first class mail to all
owners within 200 feet, and publication of notice in the Bozeman Daily Chronicle. All
notices were provided at least 15 days and not more than 45 days before any public hearing
relevant to this project. No public comment has been received as of the writing of this report.
A photo of the site posted notice is below.
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APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING
Adopted Growth Policy Designation:
The property is designated as “Residential” in the Bozeman Community Plan. The Plan
indicates that:
“This designates places where the primary activity is urban density dwellings. Other uses
which complement residences are also acceptable such as parks, low intensity home based
occupations, fire stations, churches, and schools. High density residential areas should be
established in close proximity to commercial centers to facilitate the provision of services
and employment opportunities to persons without requiring the use of an automobile.
Implementation of this category by residential zoning should provide for and coordinate
intensive residential uses in proximity to commercial centers. The residential designation
indicates that it is expected that development will occur within municipal boundaries, which
may require annexation prior to development.
The dwelling unit density expected within this classification varies between 6 and 32
dwellings per net acre. A higher density may be considered in some locations and
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circumstances. A variety of housing types can be blended to achieve the desired density.
Large areas of single type housing are discouraged. In limited instances the strong presence
of constraints and natural features such as floodplains may cause an area to be designated for
development at a lower density than normally expected within this category. All residential
housing should be arranged with consideration of compatibility with adjacent development,
natural constraints such as watercourses or steep slopes, and in a fashion which advances the
overall goals of the Bozeman growth policy. The residential designation is intended to
provide the primary locations for additional housing within the planning area.”
As Table C-16 from the growth policy shows, the proposed zoning of PLI is an implementing
district for the future land use designation of Residential. Note in the first paragraph of the
description that schools are explicitly considered to be acceptable within this designation.
Proposed Zoning Designation and Land Uses:
The applicant has requested zoning of PLI, Public Lands and Institutions District, in
association with the annexation of the property. The intent of the PLI public lands and
institutions district is to provide for major public and quasi-public uses outside of other
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districts. Not all public and quasi-public uses need to be classified PLI. Some may fit within
another district, however larger areas will be designated PLI.
The proposed use of the property is for a school. Adjacent uses include a public school to the
south, a large public park to the north, and residential development to the east and west.
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF
Owner/Applicant: Bozeman High School District 7, 404 West Main Street, Bozeman MT
59715
Representative: TD&H Engineering, Inc. 234 East Babcock Street, Bozeman MT 59715
Report By: Chris Saunders, Community Development Manager
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this Annexation or Zone Map Amendment. The City is committing significant funds to
support this project through its Capital Improvement Programming process. Decisions as to
amounts and supported work will occur through that process.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Application Materials
Map of City funded infrastructure improvements in past 5 years and future 5 years per
CIP
Table of City funded infrastructure improvements in past 5 years and future 5 years per
CIP
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BOZEMAN, GREAT FALLS, KALISPELL & SHELBY, MT | SPOKANE, WA | LEWISTON, ID | WATFORD CITY, ND | MEDIA, PA
406.586.0277
tdhengineering.com
234 East Babcock Street
Suite 3
Bozeman, MT 597 15
September 12, 2017 Courtney Johnson City of Bozeman, Planning and Community Development PO Box 1230 Bozeman, MT 59771
RE: SECOND HIGH SCHOOL ANNEXATION AND ZMA
TD&H ENGINEERING JOB NO. B16-100 Dear Courtney, On behalf of the Bozeman School District (District), please find attached the annexation application and zone map amendment of the property located between Cottonwood Road, Oak Street, and Flanders Mill Road. As you are aware from past meetings, this will be the location of the second Bozeman High School. In addition to the attached information, this letter is intended to outline the District’s desired development plan. The proposed school is planned to be constructed in one phase starting in the spring of 2018 and opening its doors in the fall of 2020. The maximum anticipated student population is 1,500 students. It is anticipated that it will take several years to reach this capacity.
Offsite Improvements 1. Construction of the east half of Cottonwood Road between Durston Road and Oak
Street. This would not include the intersection of Cottonwood Road and Durston as this is scheduled to be constructed by the City as CIP project SIF 036 in FY 2018. There are no proposed City of Bozeman utilities associated with constructing the
east half of Cottonwood Road with the exception of associated storm drainage infrastructure. A request has been submitted to the City Engineering Department that Capital Improvements Program (CIP) items SIF 098 and 105 be moved from unscheduled to scheduled projects. These projects include the Oak Street and Cottonwood Road roundabout and Cottonwood Road improvements. Specific improvement requirements and financial responsibilities are still being coordination between the City and the District. 2. Construction of Oak Street. This would not include the intersection of Oak Street and Flanders Mill Road as this is currently being constructed as part of the Flanders Mill Subdivision. In conjunction with Oak Street, a precast concrete pedestrian tunnel is proposed under Oak Street between Flanders Mill Road and Cottonwood Road. City of Bozeman utilities proposed with Oak Street include associated storm drainage infrastructure and a twelve-inch water main in accordance with the City of
Bozeman Master Water Plan. A request has been submitted to the City Engineering Department that Capital Improvements Program (CIP) items SIF 098 and 134 be moved from unscheduled to scheduled projects. These projects include the Oak
Street and Cottonwood Road roundabout and Oak Street improvements. Specific
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tdhengineering.com
SEPTEMBER 12, 2017
improvement requirements and financial responsibilities are still being coordination between the City and the District.
3. Proposed construction of a shared 300-space parking lot north of Oak Street on the City’s Sports Park Complex. This parking lot and adjacent sports field(s) will be addressed in a separate interlocal agreement between the City and the School District. Onsite Improvements 4. Construction of an approximate 303,000 square foot (sf), three-story high school building. The proposed buildings footprint is approximately189,225 sf with possible future additions of approximately 13,800 sf. 5. Construction of two parking lots (474 stalls total) and associated access drives.
6. Construction of water mains necessary to provide fire hydrants and service connections in the vicinity of the new school building.
7. Construction of a secondary east/west water main between Cottonwood Road and Flanders Mill Road.
8. Construction of a sewer service from the school to the existing 8-inch sewer stub on the northwest side of the site. 9. Construction of a multiuse 10-foot path in the Annie Street corridor from Cottonwood Road to Flanders Mill Road. Exclusions 1. The District requests a Bozeman City Commission variance allowing the District to construct Annie Street as a discontinuous street. This is proposed to minimize cut-through traffic across the campus for increased student and visitor safety. We appreciate the assistance, meetings, and dialog the City of Bozeman has provided and look forward to working together through annexation and infrastructure design. Please feel
free to contact us with any questions or comments. Sincerely,
Kyle Scarr PE Regional Manager TD&H ENGINEERING J:\2016\B16-100 Second Bozeman High School\DOCUMENTS\ANNEXATION\Before RENAMING\ANNEXATION LETTER.DOC
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PLS
Plans and Specifications PLS Page 1 of 4 Revision Date 5-1-17 Required Forms: Applies to all applications Other Forms: None.
PLANS AND SPECIFICATIONS INTRODUCTION In order for city staff to efficiently review your project in a timely manner, the application materials and the plan sets submitted must be clear, complete and thorough. This handout provides additional details for the application requirements outlined in the project checklists. If the requirements of this handout are met with your application it will minimize the delays that can occur when an application is unclear, incomplete or not formatted correctly. These requirements are mandatory. If the application materials do not meet these standards they will require correction, which will delay your project. GENERAL PLAN REQUIREMENTS 1. All plans and drawings must be accurately drawn, using a conventional scale such as 1:20 or 1:1/4, and with only one scale per sheet. Details may contain a separate scale if clearly labeled. 2. All text and annotations should be at a font size to enable it to be easily read – 10 point or more. Many plan sets require that 11” x 17” plan sizes be submitted. The text and annotations on plans that size must be readable when printed at that size. If plans are unreadable at the 11” x 17” size, they will not be accepted for review. 3. Plan sizes must meet minimum and maximum size requirements. No plans outside of the stated sizes will be accepted. 4. Plans/drawings must not contain disclaimers such as “Not to Scale” and “Do Not Scale.” (perspectives excepted) and drawings must be drawn true to the stated scale(s). 5. Plans must not contain disclaimers such as “Preliminary” and “Not for Construction.” 6. Provide all relevant measured dimensions annotated on the plans/drawings. For example label typical dimensions of parking spaces, drive accesses, drive aisles and sidewalks. 7. Consistent detailing. All existing and proposed site plan elements (e.g., sidewalks, parking spaces, fire lanes, building foot prints, etc.) must be labeled (unless a legend is provided) and dimensioned (unless a detail is provided). 8. The clearest way to present proposals is to group “existing” and “proposed” drawings side by side, using the same scale for both. 9. Each sheet and/or drawing must have a title box with the drawing name, sheet number and date clearly visible in bold. If sheets are updated or revised a new date must be applied to the sheet. For example, the civil utility plans might be labeled: C2.0 Utilities 05-01-2017. This is important as this will also be the digital file name. See naming protocol below. 10. The use of a title sheet for all general information, project team, data, calculations (parking, parkland, open spaces, and table of contents is required. The title must appear in bold letters across the top of the cover sheet. If the site plan includes a conditional use include the words “and Conditional Use.” 11. If the project is part of an existing development the name of the existing development must appear in the title. For example, “Arbys at Bozeman Gateway” or “Building K at the Cannery District.” 12. The vicinity map with zoning must be on the cover page. 13. A table of contents or plan schedule for all sheets in the plan set must be included on the title sheet with a date for each sheet. If revisions are required, the title sheet must be updated to reflect all revised sheets with a new date. 14. Fully annotated plans and drawings are more understandable, e.g. if a line is shown on the plan between two properties or other conditions such as easements, it must be annotated by adding descriptors to clarify the site condition.
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Plans and Specifications PLS Page 2 of 4 Revision Date 5-1-17 Required Forms: Applies to all applications Other Forms: None.
15. A legend for all line types and symbols must be included on plan sets. 16. The plan sheets must not be overly congested with line types. When in doubt produce an extra sheet that separates the information. For example, produce a separate utility and easement sheet for utilities to clarify that information if the overall site plan contains too many lines and line types. 17. In general, the plan sheets are where most project information must be included. Separate cut sheets, exhibits, and summary tables on 8 1/2” by 11” will not be accepted. The only exception is for project narratives, property owners’ association documents, SID documents, easements, agreements, maintenance plans, water rights information, payback district information, contracts, deeds, weed plans, and standalone technical reports such as traffic studies, wetland reports, sewer and water reports, environmental, etc. PARKLAND TRACKING REQUIREMENTS 1. Parkland tracking on plans is required in 38.27.020BMC. This only applies to projects with residential development or residential units. 2. Documentation of compliance with the parkland dedication requirements of Section 38.27.020, UDC must be provided with the final plat, preliminary plat layout (park site plan) or individual development site plan (if previously subdivided). A parkland dedication tracking table showing the parkland requirements for the overall subdivision and the method of meeting the parkland dedication shall be included on the site plan. The table shall explicitly state how much parkland acreage, cash-in-lieu, or value of improvements-in-lieu was approved and allocated, as well as what is being proposed, for each lot of the subdivision or site development. 3. If residential development, each phase, lot or individual site plan of the development must have a copy of the parkland dedication tracking table provided below included on the site plan. Contact the Parks Department if you have questions on how to fill out the table. 4. If improvements in lieu are proposed for an existing park within the subdivision, a detailed park improvement site plan, including layout and product manufacturer cut sheets with a cost estimate for all improvements must be provided for Parks Department review. The Parks Department will provide a comparison chart indicating the value of code-required basic improvements versus proposed improvements. 5. Unless previously provided, provide the appropriate waiver of protest for future park maintenance district statement on the plat or site plan. Contact the Parks Department if you are uncertain if a waiver has been granted. 6. The parkland dedication tracking table that must be included on plans is as follows. If you have questions on how to fill out this table contact the Parks Department.
PUBLIC PARK LAND DEDICATION TRACKING TABLE CURRENT PREVIOUS PHASES
SUBDIVISION NAME: _______________________ PROJECT NAME: ___________________________
TOTAL FOR SUBDIVISION THIS PROPOSAL PHASE / LOT ___________ PARK DED AC CIL &/OR IIL
PHASE / LOT __________ PARK DED AC, CIL &/OR IIL
PHASE/LOT* __________ PARK DED AC CIL &/OR IIL
NUMBER OF RES. UNITS PER PHASE / LOT / SITE PLAN:
ACREAGE PARK LAND AND / OR CIL REQUIRED: **
VALUE OF IMPROVEMENTS IN LIEU PROPOSED: $___________________ VS. VALUE OF CODE-REQD. BASIC PARK IMPROVEMENTS:
$___________________ (ATTACH COMPARISON CHART SPREADSHEET)
ACREAGE PARK LAND PREVIOUSLY DEEDED TO COB:
700
Plans and Specifications PLS Page 3 of 4 Revision Date 5-1-17 Required Forms: Applies to all applications Other Forms: None.
COLOR AND MATERIAL PALETTE 1. Color and material palettes are required for all new buildings and structures. A color and material palette must include all the proposed exterior building materials for all structures and site details. 2. The exterior building materials must include all siding, trim, roofing, windows, stairways, doors, balconies, railings windows, storefront, glass/glazing, walls, mechanical screening, trash enclosures, accessory equipment enclosures (generator, etc.), awnings and other architectural elements. 3. For smaller less complex projects that are using readily known building materials, a color and material palette may be presented in color on an 11” x 17” sheet that includes a color picture of the material and the specification. Each material must be keyed to the building elevations. 4. For larger, more complex projects the palette must be presented on a physical board with samples of the proposed building materials in their proposed color. Each sample must have a specification and be keyed to the building elevations. 5. Color perspectives that depict the building accurately and with the proposed building materials are encouraged to be submitted with each application. The color perspective does not satisfy the color and materials palette requirement. APPLICATION SETS 1. Application sets are independent sets of information that include one copy of all information submitted with the application. 2. Application sets that include legal documents, letters, technical reports, narratives, studies and other documentation in addition to plan sheets must include a copy of each item in each application set. All documentation of this type must have a visible and clear date of preparation on the front sheet of the document or study. 3. Three total sets of all information are required with most applications. Two of the sets must include full size plans, one set may include 11” x 17” plans. Full size plan set sizes must not exceed 24” x 36.” 4. Application sets must be bound and two hole punched at the top of the page. Three ring binders with three hole punch are not accepted. 5. If 11” x 17” plans are included, do not trifold them. Fold them in half, then fold the right half back on itself at a 45 degree angle in order to accommodate a two hole punch at the top. Plans must be accessible to be unfolded when bound in a two hole file. 6. Application sets should be organized and collated in the following general order 1) cover sheet/routing sheet 2) applications and checklists; 3) narratives/responses/photographs; 4) legal docs: CC&R’s, easements, deeds, agreements, CIL water rights, etc.; 5) plans; 6) appendices: standalone technical reports 7. Project narratives and responses must not be overwritten or provided on the application checklists. If responding to a checklist item provide a response on a separate document. 8. Plans must be grouped by discipline: Civil, Architectural, Landscape and Electrical/Lighting. 9. All plans must be stapled together and folded to a final size of 8 ½” x 11” or 8 ½” x 14”.If the plan set is large the plans must be stapled into sets by discipline and folded independently. State law requires us to keep a full size paper copy of all plans in our files. The plan sets must be folded so that they can be filed in the project archives.
ACREAGE PARK LAND YET TO BE CONVEYED:
PARK MASTER PLAN APPROVAL DATE: ______________
* INDICATE ADDITIONAL PHASES AS APPLICABLE
**SHOW ACTUAL CALCULATIONS
701
Plans and Specifications PLS Page 4 of 4 Revision Date 5-1-17 Required Forms: Applies to all applications Other Forms: None.
DIGITAL COPIES AND NAMING PROTOCOL The city requires digital copies of all planning applications in order to produce cost savings, eliminate paper waste and enhance the flow of information between the city, external agencies, neighborhoods and the applicant. The digital copy must include a copy of all documents and plan sheets submitted as part of the application. The following requirements apply to digital copies. 1. Two digital copies are required with most applications. The copies may be on CD or on a USB drive. 2. The digital copies must be separated into three categories: Documents, Plans and Appendices. 3. Naming protocol. Each individual document or plan sheet must have a proper name and date. The name should be easily understandable. Groups of plan sheets or document sets with multiple types of documents will not be accepted. Plan sheets must include the sheet number. For example a document might be labeled “A1 Development Review application 05-01-2017” or “City Parkland Deed 05-01-17.” Plan sheets are required to be listed individually. For example a plan sheet might be labeled “A300 Floor Plan level 1 and 2 05-01-2017” or “PM Photometric Plan 05-01-17.” Do not include other tab, section or other references in the digital file names. 4. No individual files will be accepted that are larger than 5 mb. Files that are larger must be broken down into smaller files. 5. Label all CD’s with the project name and date. Attach a small tag to all USB drive with the project name and date. CONTACT US Alfred M. Stiff Professional Building 20 East Olive Street 59715 (FED EX and UPS Only) PO Box 1230 Bozeman, MT 59771
phone 406-582-2260 fax 406-582-2263 planning@bozeman.net www.bozeman.net
702
EXHIBIT ___
SECOND HIGH SCHOOL ANNEXATION TO BOZEMAN, MONTANA
LEGAL DESCRIPTION
A tract of land, said tract being Tract 1A2 of Certificate of Survey No. 2554B, being located in
the Southwest Quarter of Section 3, Township 2 South, Range 5 East, Principal Meridian
Montana, Gallatin County Montana, said tract being further described as follows:
Beginning at the west quarter corner of said Section 3; thence South 89°50'13" East, on the north
line of said Southwest Quarter, a distance of 1321.67 feet; thence South 01°10'34" West, on the
east line of said Certificate of Survey No. 2554B, a distance of 1181.93 feet;
the following 5 courses are on the south line of said survey and on the north line of Annie Street:
thence North 89°52'39" West, a distance of 780.85 feet; thence on a curve to the left with a
radius of 337.00 feet, a central angle of 30°14'31", an arc length of 177.88 feet, having a chord
which bears South 75°00'06" West, 175.82 feet; thence South 59°52'50" West, a distance of
104.94 feet; thence on a curve to the right with a radius of 263.00 feet, a central angle of
30°14'31", an arc length of 138.82 feet, having a chord which bears South 75°00'06" West,
137.21 feet; thence North 89°52'39" West, a distance of 149.35 feet;
thence North 01°07'40" East, on the west line of said Section 3, a distance of 1317.38 feet to the
Point of Beginning.
The described tract has an area of 36.896 acres, more or less. The described is as shown on the
accompanying plat and is along with and subject to any existing easements.
703
BOZEMAN, GREAT FALLS, KALISPELL & SHELBY, MT | SPOKANE, WA | LEWISTON, ID | WATFORD CITY, ND | MEDIA, PA
406.586.0277
tdhengineering.com
234 East Babcock Street
Suite 3
Bozeman, MT 59715
September 12, 2017
RE: SECOND HIGH SCHOOL ANNEXATION TO BOZEMAN TD&H ENGINEERING JOB NO. B16-100 ANNEXATION CHECKLIST NARRATIVE
The Second High School Annexation is legally described as Tract 1A2 of Certificate of Survey (COS) 2554B. The following is a supplement to the Annexation Checklist: 1(a) Is the property contiguous to the City of Bozeman? Yes. The property is bounded on all sides by City annexed lands. 1(b) Is the property wholly surrounded by the City of Bozeman?
The property is bounded on all sides by City annexed lands. The property to the northwest (Tract 5 of COS 2552) is contiguous with the subject property at only one point and is not
annexed. 1(c) Is the property currently contracting with the City for municipal services such as water, sanitary sewer and or fire protection? No.
1(d) Does the property lie within the service boundary of the existing sewer system
as depicted in the City’s growth policy?
Yes. The Bozeman Wastewater Facility Plan was updated in 2015. The subject property is
within the area covered by this plan.
2(a) Is/Are the property owner(s) willing to dedicate needed easements and/or right-
of-way for collector and arterial streets?
Yes. As shown on the attached Annexation Map, we propose to provide the City with a 60’ wide street easement along Cottonwood Road for a total right of way width of 120’ north of Sherwood Way and 130’ south of Sherwood Way. A minimum 60’ wide street easement is intended to be dedicated on West Oak Street giving a total width of 125’. A preliminary design is attached for the intersection of Oak and Cottonwood and a pedestrian tunnel
across Oak midway between Cottonwood and Flanders Mill. Additional street and pedestrian easements that comply with City design standards will be granted to the City to accommodate these designs when they are final.
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2(b) Is/Are the property owner(s) willing to sign waivers of right to protest the
creation of future Special Improvement Districts to provide the essential services for
future development of the City?
The owners are willing to sign appropriate waivers of right to protest the creation of SIDs
for essential services.
2(c) Is/Are the property owner(s) willing to transfer usable water rights, or an
appropriate fee in-lieu thereof, to serve the expected population of the land when
fully developed?
Yes, the owners are willing to transfer useable water rights or a fee in lieu water rights. One or more irrigation wells are proposed to be drilled to help cover the substantial irrigation water demand. The locations and design of these wells is being evaluated. 2(d) Does the desired future development of the subject property conform to the
City’s growth policy? If not, a growth policy amendment will be necessary to
accommodate the anticipated uses, which may be initiated by the applicant and
reviewed concurrently with this application.
The growth policy identifies the future use of this property as Community Commercial Mixed Use in the northeast corner and residential for the remainder of the property. We have proposed that the subject property be zoned Public Lands and Institutions (PLI).
According to City staff, PLI zoning conforms to the use shown on the Growth Policy, so no Growth Policy Amendment is required. 2(e) The property will need to be rezoned with an initial urban zoning designation.
The zone map amendment will be reviewed concurrently with this application. Is a
zoning map amendment application included with this application?
A zone map amendment application is included with this application for annexation. The zoning will be Public Lands and Institutions (PLI). 2(f) Do unpaved county roads comprise the most commonly used route to gain
access to the property?
This site is currently accessed from Flanders Mill Road on the east and Cottonwood Road on the west. Both are paved roads. 2(g) If it is found that adequate services cannot be provided to ensure public health,
safety and welfare, has the property owner(s) provided a written plan for the
accommodation of these services?
The east half of Cottonwood Road is proposed to be constructed from Durston Road to Oak Street. (The construction of the Cottonwood/Durston intersection is a separate project by others.) Oak Street is proposed to be constructed from Flanders Mill Road to
Cottonwood road. (The construction of the Oak/Flanders Mill intersection is a separate project by others.) Annie Street is proposed to be constructed as shown on the attached Site Concept Plan. It should be noted that the School District does not propose to
construct Annie Street for through traffic from Flanders Mill Road to Cottonwood Road,
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because of safety concerns. Access to sewer will be through an existing service in a manhole just south of the intersection of Oak Street and Cottonwood Road. Water will be
provided to this project from a new water main in Oak Street and a proposed water main south of the new school. The attached Site Concept Plan also shows the sewer service connection, the new water mains, domestic and fire service lines, fire hydrants, and Oak Street. 2(h) Does the property owner acknowledge that the City of Bozeman assesses a
system development/impact fee and agrees to pay any applicable
development/impact fees in accordance with Chapter 3.24 of the Bozeman Municipal
Code?
Bozeman School District No. 7 acknowledges that the City of Bozeman will evaluate and assess system development/impact fees as applicable. The District agrees to pay any system development/impact fees that are applicable. 3. If the property is currently in agricultural use please identify current crops/conditions The subject property currently has a wheat crop that is expected to be harvested in the
near future. 4. Number of residential units existing on the property?
No residential units are included in this project. 5. Number and type of commercial structures on the property? No commercial structures are included in this project. 6. Estimate of existing population of the property?
The population of the subject property is 0. 7. Assessed value of the property? The assessed (appraised) value of the property according to the Montana Cadastral
Website is $1,776. The March 12, 2014 value of the property according to an appraisal by Bridger Appraisals, Inc. is $1,106,000.
8. Existing on site facilities and utilities (gas, power, cable, septic systems, wells, etc.)
The subject property has an existing major overhead transmission line located on its north
boundary line. A sewer main is located on the subject property along the west boundary line. One sewer service is stubbed easterly into the property approximately 132’ south of the northwest corner. A water main is stubbed into the property at Sherwood Way. An irrigation line is approximately 90’ west of, and roughly parallel to the east property line. Another irrigation line, which is part of the same system, runs east west and is located near the southwest corner of the subject property.
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9. Any additional information that will be helpful in the City’s review of the application.
This project is in response to the needs of a rapidly growing community. The bond to build Bozeman’s Second High School was overwhelmingly approved in May of 2017. It is expected that the new school will be ready to open by the fall of 2020.
707
BOZEMAN, GREAT FALLS, KALISPELL & SHELBY, MT | SPOKANE, WA | LEWISTON, ID | WATFORD CITY, ND | MEDIA, PA
406.586.0277
tdhengineering.com
234 East Babcock Street
Suite 3
Bozeman, MT 59715
September 12, 2017
RE: SECOND HIGH SCHOOL ANNEXATION TO BOZEMAN TD&H ENGINEERING JOB NO. B16-100 ZONE MAP AMENDMENT REQUIREMENTS NARRATIVE
The Second High School Annexation is legally described as Tract 1A2 of Certificate of Survey (COS) 2554B. The proposed zoning designation is Public Lands and Institutions (PLI). The following is a response to the Zone Map Amendment Requirements 1a through 1k: a. Is the new zoning designed in accordance with the growth policy? How?
Yes. Zoning PLI is compatible with The Bozeman Community Plan adopted by the Bozeman City Commission under Resolution No. 4163 on June 1, 2009 also known as Bozeman’s Growth Policy. The Growth Policy identifies the majority of the subject property as Future Residential and approximately 8 acres in the northeast corner as Future Community Commercial Mixed Use. As a community grows, infrastructure needs such as
schools have to be accommodated as they fit into the community. According to City of Bozeman planning staff, PLI zoning is in harmony with the future use under the Growth Policy.
b. Will the new zoning secure safety from fire and other dangers? How?
This ZMA will help secure safety from fire and other hazards. In Zoning PLI buildings and other potential fire hazards are more widely spaced than in residential zones. This helps reduce the risk of fire. The proposed school will meet all local fire codes. It will include extensions of water mains and several new fire hydrants.
c. Will the new zoning promote public health, public safety, and general welfare? How?
Public health, safety and welfare will be promoted by this project. The uses allowed under Zoning PLI includes schools, parks, community centers, and other facilities that are essential to a quality urban setting.
d. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? How?
This ZMA and the associated annexation and school will involve construction of water mains and service lines. Oak Street will be constructed, making it a though street from Flanders Mill Road to Cottonwood Road. The east side of Cottonwood Road will be
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constructed. Street and pedestrian easements will be dedicated to the City that enhance local transportation. The school and associated open lands will enhance the neighborhood.
e. Will the new zoning provide reasonable provision of adequate light and air? How? Adequate light and air already exist at this site. Typically, the uses allowed under PLI Zoning do not significantly degrade the quality or quantity of light and air.
f. Will the new zoning have an effect on motorized and non-motorized transportation systems? How?
This ZMA will have a positive effect on transportation systems. Zoning PLI and the associated school will enhance motorized traffic flow through the construction of Oak Street and the east half of Cottonwood Road. The site layout includes 2 points of access from Cottonwood Road and 2 from Flanders Mill Road. Pedestrian and bicycle traffic is enhanced by sidewalks along each of these 4 accesses, along Cottonwood road, along
Oak Street, and by a proposed walk connecting the subject property to the Sports Park to the north. g. Does the new zoning promote compatible urban growth? How? Yes, this zoning designation is compatible with the neighboring zones. Growth has already
occurred to the west of the site in Flanders Creek Subdivision and is in the process of occurring to the east in the recently platted Phase 3 of Flanders Mill Subdivision. Zoning the subject property PLI helps create a quarter mile wide strip with this zoning designation that provides variety and open space within, and between, residential neighborhoods. The residential nature of this area contributes to the need for the type of land use allowed in PLI zoning. h. Does the new zoning promote the character of the district? How? The character of the district is promoted by its appropriate use. A school is an appropriate use. i. Does the new zoning address the affected area’s peculiar suitability for particular uses? How?
Zoning PLI makes this property suitable for its intended use. It affects the surrounding area by providing a necessary function in an urban setting.
j. Was the new zoning adopted with a view to conserving the values of buildings? How?
There are no existing buildings to conserve on this property. The new zoning designation is being adopted so that the subject property can provide a useful and necessary function in the community. The proposed school building will be designed and constructed in a manner that best serves the taxpayers; conserving the value of a public building is one of many considerations taken into account during its design.
k. Does the new zoning encourage the most appropriate use of land throughout the
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jurisdictional area?
A new high school and its associated infrastructure is the most appropriate use of this land. Zoning PLI is a zoning designation that conforms best to this use.
710
ANNX
Zone Map Amendment Required Materials ZMA Page 1 of 3 Revision Date 1-05-16
Required Forms: A1, N1 Recommended Forms: Required Forms:
ANNEXATION AND INITIAL ZONE MAP AMENDMENT
REQUIRED MATERIALS
APPLICATION SETS
3 total sets are required that include 1 copy of every item below bound or folded into 8½ x 11 or 8½ x 14 sets. This
application is only for a proposed annexation with an initial zone map amendment. If an independent zone map
amendment without annexation is proposed see form ZMA.
Complete and signed development review application form A1.
Plan sets that include all items required in the annexation and initial zoning checklist below.
Standard application sets required plan
sizes:
2 sets that include full size 24 x
36 inch plans
1 set that include 11 x 17 inch
plans
2 digital versions of all materials (JPEG or PDF) on separate CD-ROMs or USB drives. Individual files
must be provided at 5MB or less in size. Files shall be named according to naming protocol.
Notes:
All plans must be drawn to scale on paper not smaller than 8½ x 11 inches or larger than 24 x 36
inches. The name of the project must be shown on the cover sheet of the plans. If 3 -ring binders
will be used, they must include a table of contents a nd tabbed dividers between sections. Plans
that are rolled or not bound into sets will not be accepted.
NOTICING MATERIALS
Completed and signed property adjoiners certificate form N1 and materials.
APPLICATION FEE
Base fee: $1,580
ANNEXATION CHECKLIST
1. The following questions pertain to the goals adopted by the City Commission in Commission Resolution
No. 3907.
Yes No
a. Is the property contiguous to the City of Bozeman?
b. Is the property wholly surrounded by the City of Bozeman?
c. Is the property currently contracting with the City for municipal services such as water,
sanitary sewer and or fire protection?
a. If so, which City services are currently being contracted for?
d. Does the property lie with the service boundary of the existing sewer system as
depicted in the City’s growth policy?
2. The following questions pertain to the policies adopted by the City Commission in Commission
Resolution No. 3907.
Yes No
a. Is/Are the property owner(s) willing to dedicate needed easements and/or right -of-
way for collector and arterial streets?
b. Is/Are the property owners(s) willing to sign waivers of right to protest the creation
of future Special Improvement Districts to provide the essential services for future
development of the City?
c. Is/Are the property owner(s) willing to transfer usable water rights, or an
appropriate fee in-lieu thereof, to serve the expected population of the land when
fully developed?
Second High School and Zone Map Amendment
711
Zone Map Amendment Required Materials ZMA Page 2 of 3 Revision Date 1-05-16
Required Forms: A1, N1 Recommended Forms: Presentation of submitted plans and specifications
d. Does the desired future development of the subject property conform to the City’s
growth policy? If not, a growth policy amendment will be necessary to accommodate
the anticipated uses, which may be initiated by the applicant and reviewed
concurrently with this application.
a. If a growth policy amendment is necessary, is it included with this application?
e. The property will need to be rezoned with an initial urban zoning designation. The
zone map amendment will be reviewed concurrently with this application. Is a
zoning map amendment application included with this application?
f. Do unpaved county roads comprise the most commonly used route to gain access to
the property?
g. If it is found that adequate services cannot be provided to ensure public health,
safety and welfare, has the property owners(s) provided a written plan for the
accommodation of these services?
h. Does the property owner acknowledge that the City of Bozeman assesses a system
development/impact fee and agrees to pay any applicable development/impact fees
in accordance with Chapter 3.24 of the Bozeman Municipal Code?
3. If the property is currently in agricultural use please identify current crops/conditions.
4. Number of residential units existing on the property?
5. Number and type of commercial structures on the property?
6. Estimate of existing population of the property?
7. Assessed value of the property?
8. Existing on site facilities and utilities (gas, power, telephone, cable, septic systems, wells, etc.)
9. Any additional information that will be helpful in the City’s review of the application.
ANNEXATION MAP REQUIREMENTS
10. Scale not greater than 1 inch to 20 feet nor less than 1 inch to 100 feet
11. Scale, north point arrow and date of preparation
12. Subject property well defined
13. Land use pattern of surrounding area
14. Existing zoning of surrounding property
15. Boundaries of proposed zoning (if more than one designation being requested) well defined
16. Proximity of all existing and proposed water and sewer mains and extensions
17. Location of all structures on the subject property
18. Adjacent streets and street rights-of-way
19. Existing on-site streets and street rights-of-way
20. Water bodies and wetlands
ZONE MAP AMENDMENT REQUIREMENTS
1. A thorough project narrative including a detailed response to the following for the zone map
amendment:
a. Is the new zoning designed in accordance with the growth policy? How?
b. Will the new zoning secure safety from fire and other dangers? How?
c. Will the new zoning promote public health, public safety and general welfare? How?
d. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools,
parks, and other public requirements? How?
e. Will the new zoning provide reasonable provision of adequate light and air? How?
f. Will the new zoning have an effect on motorize and non-motorized transportation systems? How?
g. Does the new zoning promote compatible urban growth? How?
h. Does the new zoning promote the character of the district? How?
712
713
EXHIBIT ___
SECOND HIGH SCHOOL ZONE MAP AMENDMENT
BOZEMAN, MONTANA
LEGAL DESCRIPTION
A tract of land, said tract being Tract 1A2 of Certificate of Survey No. 2554B, being located in
the Southwest Quarter of Section 3, Township 2 South, Range 5 East, Principal Meridian
Montana, Gallatin County Montana, said tract being further described as follows:
Beginning at the west quarter corner of said Section 3; thence South 89°50'13" East, on the north
line of said Southwest Quarter, a distance of 1321.67 feet; thence South 01°10'34" West, on the
east line of said Certificate of Survey No. 2554B, a distance of 1181.93 feet;
the following 5 courses are on the south line of said survey and on the north line of Annie Street:
thence North 89°52'39" West, a distance of 780.85 feet; thence on a curve to the left with a
radius of 337.00 feet, a central angle of 30°14'31", an arc length of 177.88 feet, having a chord
which bears South 75°00'06" West, 175.82 feet; thence South 59°52'50" West, a distance of
104.94 feet; thence on a curve to the right with a radius of 263.00 feet, a central angle of
30°14'31", an arc length of 138.82 feet, having a chord which bears South 75°00'06" West,
137.21 feet; thence North 89°52'39" West, a distance of 149.35 feet;
thence North 01°07'40" East, on the west line of said Section 3, a distance of 1317.38 feet to the
Point of Beginning.
The described tract has an area of 36.896 acres, more or less. The described is as shown on the
accompanying plat and is along with and subject to any existing easements.
714
Proposal SECOND HIGH SCHOOL ANNEXATION
PAGE 1 OF 3
Property Owners (as of 8/15/2017)
Adjacent to proposal site and across watercourses, roads*, etc.
Within 200 feet of proposal site.
Legal Description of Property Property Owner’s Name Mailing Address of Property Owner from County Tax Records
TRACT 1A1A, COS 2554C
IN NW1/4 SEC 3, T2S, R5E
CITY OF BOZEMAN PO BOX 1230
BOZEMAN, MT 59771-1230
TRACT A, COS 2886
IN NW1/4 SEC 3, T2S, R5E
NORTHWESTERN CORPORATION
40 E BROADWAY
BUTTE, MT 59707-9394
LOT 1R-3, FLANDERS MILL SUB, PHASE 3 FLANDERS MILL LLC 235 GREENHILLS RANCH RD
BOZEMAN, MT 59717-8904
TRACT 2A, COS 2554A BOZEMAN SCHOOL DISTRICT #7 404 W MAIN ST
BOZEMAN, MT 59715-4579
LOTS 1, 2 & 3, BLOCK 3, FINAL PLAT OF
FLANDERS CREEK SUB
HOLKUP GARY T PO BOX 104
BOZEMAN, MT 59771-0104
LOT 1A, BLOCK 4, FINAL PLAT OF FLANDERS
CREEK SUB
DELGADO TOMAS & MELINDA 1095 COTTONWOOD ROAD
BOZEMAN, MT 59718-6364
LOT 1B, BLOCK 4, FINAL PLAT OF FLANDERS
CREEK SUB
LANDON JOHN & MARCINE 1087 COTTONWOOD ROAD
BOZEMAN, MT 59718-6364
LOT 2A, BLOCK 4, FINAL PLAT OF FLANDERS
CREEK SUB
MECHTEL LANE MATTHEW &
CRYSTAL DAWN
1079 COTTONWOOD ROAD
BOZEMAN, MT 59718-6364
LOT 2B, BLOCK 4, FINAL PLAT OF FLANDERS
CREEK SUB
HAGER KAY L 1065 COTTONWOOD ROAD
BOZEMAN, MT 59718-6364
715
Proposal SECOND HIGH SCHOOL ANNEXATION
PAGE 2 OF 3
LOT 3A, BLOCK 4, FINAL PLAT OF FLANDERS
CREEK SUB
ARAKELIAN STEPHANIE L 1043 COTTONWOOD ROAD
BOZEMAN, MT 59718-6364
LOTS 3B & 4A, BLOCK 4, FINAL PLAT OF
FLANDERS CREEK SUB
HANTSMAN BARBARA 1019 COTTONWOOD ROAD
BOZEMAN, MT 59718-6364
LOT 4B, BLOCK 4, FINAL PLAT OF FLANDERS
CREEK SUB
LIEBEGOTT FAMILY TRUST PMB 140
LAS VEGAS, NV 89113-2255
LOT 5A, BLOCK 4, FINAL PLAT OF FLANDERS
CREEK SUB
BALDRIDGE NADEEN L 993 COTTONWOOD ROAD
BOZEMAN, MT 59718-6365
LOT 5B, BLOCK 4, FINAL PLAT OF FLANDERS
CREEK SUB
QUENEMOEN M E 1201 HIGHLAND BLVD APT A309
BOZEMAN, MT 59715-5930
LOT 6A, BLOCK 4, FINAL PLAT OF FLANDERS
CREEK SUB
CAREY JAMIE 969 COTTONWOOD ROAD
BOZEMAN, MT 59718-6365
LOT 6B, BLOCK 4, FINAL PLAT OF FLANDERS
CREEK SUB
LASHAWAY ROBERT V &
QUENEMOEN JULIE A LIV TR DTD
04/03/17
959 COTTONWOOD ROAD
BOZEMAN, MT 59718-6365
LOT 7A, BLOCK 4, FINAL PLAT OF FLANDERS
CREEK SUB
GRAVES-KEMPTON BARBARA J PO BOX 11716
BOZEMAN, MT 59719-1716
LOT 7B, BLOCK 4, FINAL PLAT OF FLANDERS
CREEK SUB
RIGARD RYAN & JENNIFER 927 COTTONWOOD ROAD
BOZEMAN, MT 59718-6365
LOT 8A, BLOCK 4, FINAL PLAT OF FLANDERS
CREEK SUB
ISAACS DALE H & DONNA M 917 COTTONWOOD ROAD
BOZEMAN, MT 59718-6365
LOT 8B, BLOCK 4, FINAL PLAT OF FLANDERS
CREEK SUB
HOBART EDWARD & CATHERINE PO BOX 625
BIG HORN, WY 82833-0625
LOTS 1 & 2, BLOCK 5, FINAL PLAT OF FLANDERS
CREEK SUB
BALIAN DENNIS & JONI 13525 BRIDGER CANYON RD
BOZEMAN, MT 597I5-8231
716
Proposal SECOND HIGH SCHOOL ANNEXATION
PAGE 3 OF 3
LOTS 3 & 4, BLOCK 5, FINAL PLAT OF FLANDERS
CREEK SUB
BALIAN EDWARD PO BOX 3403
SARASOTA, FL 34230-3403
TRACT 5, COS 2552
IN NE1/4 OF SEC 4 T2S R5E
ANDERSON VESTA FERN,
NELSON MARY CATHERINE &
BAXTER RANCH HOLDING LTD
PO BOX 3253
BILLINGS, MT 59103-3253
COMMON OPEN SPACE H, BLOCK 9 & COMMON
OPEN SPACE F, BLOCK 7, FINAL PLAT OF
FLANDERS MILL SUB, PHASE 3
FLANDERS MILL HOMEOWNERS
ASSOCIATION
(PER DOC 2580850)
235 GREENHILLS RANCH ROAD
BOZEMAN, MT 59718
LOTS 6 & 7, BLOCK 7 & LOTS 1-8, BLOCK 9,
FINAL PLAT OF FLANDERS MILL SUB, PHASE 3
TRUENORTH CONTRACTORS, INC
(PER DOC 2585811)
6730 TAWNEY BROWN LANE
BOZEMAN, MT 59718
717
718
N89°52'39"W 780.85'S59°52'50"W104.94'N89°52'39"W149.35'C1C2S89°50'13"E 1321.67'N01°07'40"E 1317.38'
S01°10'34"W 1181.93'POINT OF BEGINNINGN89°52'39"W 780.85'S59°52'50"W104.94'N89°52'39"W149.35'C1C2S89°50'13"E 1321.67'N01°07'40"E 1317.38'
S01°10'34"W 1181.93'POINT OF BEGINNINGREVISIONSHEETDESIGNED BY:QUALITY CHECK:JOB NO.FIELDBOOKDRAWN BY:DATE:16100ANNEX VICINITYREV DATE
SECOND HIGH SCHOOL ANNEXATION & ZONE MAP AMENDMENT
BOZEMAN, MONTANA
VICINITY LAND USE, ZONING & WETLANDS - TRACT 1A2, COS 2554B
LOCATED IN THE SW 1/4 OF SECTION 3, T2S, R5E, P.M.M., GALLATIN COUNTY B16-1008/16/17.DWG2 OF 2SAEngineering
tdhengineering.com719
N89°52'39"W 780.85'
S59°52'50"W104.94'
N89°52'39"W149.35'
C1
C2
S89°50'13"E 1321.67'N01°07'40"E 1317.38'S01°10'34"W 1181.93'POINT OF BEGINNING
ENGINEERING CONSULTANTSTHOMAS, DEAN & HOSKINS, INC.
QUALITY CHECK:DRAWN BY:
CAD NO.JOB NO.DATE:
16100X1.dwg
SECOND HIGH SCHOOL ANNEXATION TO BOZEMAN, MONTANA
TRACT 1A2 OF COS 2554BLOCATED IN THE SW 1/4 OF SECTION 3, T2S, R5E, P.M.M.GALLATIN COUNTY, MONTANA
B16-1008/14/17
SCA
FB:---
TAB: ANNEX
ANNEXATION MAP
720
N89°52'39"W 780.85'S
5
9
°
5
2
'
5
0
"W
1
0
4
.
9
4
'N89°52'39"W149.35'C1C2S89°50'13"E 1321.67'N01°07'40"E 1317.38'
S01°10'34"W 1181.93'POINT OF BEGINNINGEXISTINGDESCRIPTIONLEGEND(EXCEPT ASNOTED)REVISIONSHEETDESIGNED BY:QUALITY CHECK:JOB NO.FIELDBOOKDRAWN BY:DATE:16100ANNEX2REV DATE
SECOND HIGH SCHOOL ANNEXATION & ZONE MAP AMENDMENT
BOZEMAN, MONTANA
IMPROVEMENTS - TRACT 1A2 OF COS 2554B
LOCATED IN THE SW 1/4 OF SECTION 3, T2S, R5E, P.M.M., GALLATIN COUNTY B16-1008/23/17181/17.DWG1 OF 2SAEngineering
tdhengineering.com721
N89°52'39"W 780.85'
S59°52'50"W104.94'
N89°52'39"W149.35'
C1
C2
S89°50'13"E 1321.67'N01°07'40"E 1317.38'S01°10'34"W 1181.93'POINT OF BEGINNING
ENGINEERING CONSULTANTSTHOMAS, DEAN & HOSKINS, INC.
QUALITY CHECK:DRAWN BY:
CAD NO.JOB NO.DATE:
16100X1.dwg
SECOND HIGH SCHOOL ZONE MAP AMENDMENT
TRACT 1A2 OF COS 2554BLOCATED IN THE SW 1/4 OF SECTION 3, T2S, R5E, P.M.M.CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA
B16-1008/14/17
SCA
FB:---
TAB: ZMA722
REVISIONFIGUREDESIGNED BY:QUALITY CHECK:JOB NO.FIELDBOOKDRAWN BY:DATE:B16-100 SD NARRATIVEREV DATE ANNEXATION EXHIBITSECOND HIGH SCHOOL ANNEXATIONBOZEMAN, MONTANA
SCHEMATIC DESIGN
SITE CONCEPT PLAN B16-1009.11.17.DWG1CJC406.586.0277 • tdhengineering.com
Engineering
234 E. BABCOCK ST., SUITE 3 • BOZEMAN, MONTANA 59715
OAK STREET COTTONWOOD ROADFLANDERS MILL ROAD723
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Baxter Ln
Cottonwood RdFerguson AveFowler AveOak St
Durston Rd
Babcock St
Huffine Ln Davis Ln19th StLaurel Pkwy!Proposed Capital
!Completed Capital
Proposed Capital
Completed Capital
Future Principal Arterial
Future Minor Arterial
Future Collector
Existing Principal Arterial
Existing Minor Arterial
Existing Collector
Future High School
This map was created by the City of Bozeman GIS Department on 11/7/17 and is intended for planning purposes only.
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0 0.5 10.25 Miles 724
Capital Intrastructure Improvements ‐ Past 5 years and future 5 yearsCompletedProposedBabcock & Ferguson Intersection Babcock Wastewater UpgradeBabcock (Water Lily to Laurel Parkway 8‐12" Water Main Baxter & Cottonwood IntersectionBaxter (Ferguson to Cottonwood) Street Improvement Baxter & Davis IntersectionBaxter Ln & Cottonwood Rd (Flanders Mill to Durston Rd) 24" Wastewater Extension Baxter Creek Basin/Cottonwood Rd 18" Wastewater ExtensionBaxter Ln (Lasso to Harperpuckett) 12" Water Main Cottonwood & Babcock IntersectionBuild a Shared Use Path Along 19th from Baxter to Valley CenterCottonwood (Babcock to Durston ) Street ImprovementBuild a Shared Use Path Along Durston from Laurel Parkway to Rosa Way Cottonwood (Durston to Oak) Street ImprovementCollege & S 23rd IntersectionCottonwood (Oak to Baxter) Street ImprovementCottonwood & Durston Intersection Crosswalk at Oak and Hunters WayCottonwood & Huffine Intersection Crosswalk on Durston Between Hunters Way and GreenwayCottonwood (Fallon to Alpha) Street Improvement Crosswalk on Flowler and BabcockDurston (Western City Limits to Cottonwood) Street Improvement Davis Lane Lift Station ImprovementsFerguson & Durston Intersection Durston (Fowler to Ferguson) Street ImprovementFerguson (Baxter to Oak) Street Improvement Fowler Connection (Huffine to Oak) Street ImprovementInstall Sidewalks along Durston from Flathead to New Holland Hunters Way Sewer Capacity UpgradeLaurel Parkway (Babcock to Mayfly) Street Improvement Norton East Ranch Wastewater Outfall DiversionLaurel Parkway (Durston to Westmorland Dr) Street Improvement Oak & Cottonwood IntersectionN 27th (Oak to Tschache) Street Improvement Oak & N 27th IntersectionOak & Davis IntersectionOak (Cottonwood to Flanders Mill) Street ImprovementOak & Ferguson IntersectionOak (Flanders Mill to Ryun Sun Way) Street ImprovementOak (15th to 19th) Street Improvement Oak St. and Ryun Sun Way 12" Water Main OversizingOak (Ferguson to Ryun Sun Way) Street ImprovementOak (New Holland to Ferguson) Street ImprovementPave and build sidewalks along Tschache adjacent to Rose ParkReconstruct College from Huffine to S 20th AveS 23rd Ave (Main to College)W Babcock (Water Lily to Laurel Parkway) Street Improvement725