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Home My WebLink About01-05-21 City Commission Meeting Agenda and Packet MaterialsA. Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B. Pledge of Allegiance and a Moment of Silence C. Changes to the Agenda D. FYI E. Commission Disclosures F. Consent F.1 Accounts Payable Claims Review and Approval (Yeykal) F.2 Authorize the City Manager to Sign a Notice of Award to Gallatin Valley Site Services LLC. for the Bozeman Drought Tolerant Landscaping and Irrigation for North 27th Avenue Medians, THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, January 5, 2021 This meeting will be held using Webex, an online videoconferencing system. You can join this meeting: Via Webex: https://cityofbozeman.webex.com/cityofbozeman/onstage/g.php?MTID=eb63c059780490ff09faeaa44e50752d0 Click the Register link, enter the required information, and click submit. Click Join Now to enter the meeting. Via Phone: This is for listening only if you cannot watch the stream or channel 190 United States Toll +1-650-479-3208 Access code: 126 401 5273 If you are interested in commenting in writing on items on the agenda please send an email to agenda@bozeman.net prior to 12:00pm on the day of the meeting. You may also comment by visiting the Commission's comment page. You can also comment by joining the Webex meeting. If you do join the Webex meeting, we ask you please be patient in helping us work through this online meeting. If you are not able to join the Webex meeting and would like to provide oral comment you may send a request to agenda@bozeman.net with your phone number, the item(s) you wish to comment on, and the City Clerk will call you during the meeting to provide comment. You may also send the above information via text to 406-224-3967. As always, the meeting will be streamed through the Commission's video page and available in the City on cable channel 190. Bozeman City Commission Meeting Agenda, January 5, 2021 1 and Final Contract Documents Once Received(Ahlstrom) F.3 Authorize the City Manager to Sign a Utility Right-of-Way Easement with NorthWestern Energy for the Bridger View Development(Jadin) F.4 Authorize the City Manager to Sign a Utility Easement in Association with the Bridger Veterinary Specialty Hospital Annexation to Annex 2.0099 acres Southeast of the Intersection of Campbell and Reeves Roads, Application 20-184(Rogers) F.5 Authorize the City Manager to Sign a Restoration Agreement with the HRDC for Utility Relocation Adjacent to Bridger View Development(Jadin) F.6 Ratify the City Manager's Signature on the Agreement for Reimbursement for the Cottonwood Subdivision South Cottonwood Road Widening(Lehigh) F.7 Authorize the City Manager to Sign an Amendment One to the Sub-Recipient Agreement with the Prospera Business Network for Management of the City of Bozeman's Community Development Block Grant Revolving Loan Fund and Coronavirus Small Business Local Relief Fund(Fontenot) F.8 Authorize the City Manager to Sign an Amendment Two to the Agreement for Services with Montana State University for SARS-COV-2 Testing at the Wastewater Treatment Plant(Rosenberry) F.9 Resolution 5252, Authorizing a Change Order Number One to the Front Street Interceptor Sanitary Sewer Main Replacement Project(Murray) G. Consent II: Items Acted Upon Without Prior Unanimous Approval G.1 Resolution 5240, Adoption of the Bridger Veterinary Specialty Hospital Annexation to Annex Approximately 2.0099 Acres Southeast of the Intersection of Campbell and Reeves Roads, Application 20-184(Rogers) G.2 Ordinance 2064, Provisional Adoption of Ordinance 2064 to Establish the Bridger Veterinary Specialty Hospital Zone Map Amendment to Designate Approximately 2.0099 acres as B-2, Community Business District, Application 20184(Rogers) H. Public Comment Please state your name and address in an audible tone of voice for the record. This is the time to comment on any matter falling within the scope of the Bozeman City Commission. There will also be time in conjunction with each agenda item for public comment relating to that item but you may only speak once. Please note, the City Commission cannot take action on any item which does not appear on the agenda. All persons addressing the City Commission shall speak in a civil and courteous manner and members of the audience shall be respectful of others. Please limit your comments to three minutes. I. Action Items I.1 Resolution 5224, A Resolution of the City Commission of the City of Bozeman, Montana, Changing the Road Name of Dead Mans Gulch, Located in Gardner-Simmental Plaza Bozeman City Commission Meeting Agenda, January 5, 2021 2 Subdivision, to Cattail Street in the City of Bozeman, Montana(Gamradt) I.2 Resolution 5242, A Resolution Changing the Road Name of Campus Boulevard, located in South University District Phase 1 Minor Subdivision and South University District Phase 2 Minor Subdivision, to Stucky Road in the City of Bozeman, Montana(Gamradt) I.3 Norton Ranch 2020 Zone Map Amendment, Amendment to the City Zoning Map on Approximately 84.5 acres Plus Adjacent Right of Way from R-O (Residential Office), BP (Business Park), and R-3 (Residential Medium Density) to R-5 (Residential Mixed-Use High Density), REMU (Residential Emphasis Mixed Use), and B-2M (Community Business Mixed- Use), Application 20288(Saunders) I.4 Ordinance 2059, Provisional Adoption of Bozeman Cohousing Text Amendment, to Create a New Residential Type, Apartment Building, Limited, Establish Standards for the Type, and Assign it to Specific Zoning Districts(Saunders) I.5 Appointments to the Northeast Urban Renewal Board (Maas) J. FYI / Discussion K. Adjournment City Commission meetings are open to all members of the public. If you have a disability that requires assistance, please contact our ADA Coordinator, Mike Gray, at 582-3232 (TDD 582-2301). Commission meetings are televised live on cable channel 190 and streamed live at www.bozeman.net. City Commission meetings are re-aired on cable Channel 190 Wednesday night at 4 p.m., Thursday at noon, Friday at 10 a.m. and Sunday at 2 p.m. In order for the City Commission to receive all relevant public comment in time for this City Commission meeting, please submit via www.bozeman.net or by emailing agenda@bozeman.net no later than 12:00 PM on the day of the meeting. Public comment may be made in person at the meeting as well. Bozeman City Commission Meeting Agenda, January 5, 2021 3 Memorandum REPORT TO: City Commission FROM: Marcy Yeykal, Accounting Technician Kristin Donald, Finance Director SUBJECT: Accounts Payable Claims Review and Approval MEETING DATE: January 5, 2021 AGENDA ITEM TYPE: Finance RECOMMENDATION: The City Commission approves payment of the claims. STRATEGIC PLAN: 7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND: Section 7-6-4301 MCA states that claims should not be paid by the City until they have been first presented to the City Commission. Claims presented to the City Commission have been reviewed by the Finance Department to ensure that all proper supporting documentation has been submitted, all required departmental authorized signatures are present indicating that the goods or services have been received and that the expenditure is within budget, and that the account coding is correct. UNRESOLVED ISSUES: Please approve checks from December 30th and January 6th, due to no meeting on December 29th. ALTERNATIVES: As suggested by the City Commission. FISCAL EFFECTS: The total amount of the claims to be paid is presented at the bottom of the Expenditure Approval List posted on the City’s website at http://www.bozeman.net/government/finance/purchasing Individual claims in excess of $100,000: to be announced in weekly e-mail from Accounts Payable Clerks Marcy Yeykal and Levi Stewart. Report compiled on: December 17, 2020 4 Memorandum REPORT TO: City Commission FROM: Jessica Ahlstrom, Water Conservation Specialist Mitch Reister, Public Works Director SUBJECT: Authorize the City Manager to Sign a Notice of Award to Gallatin Valley Site Services LLC. for the Bozeman Drought Tolerant Landscaping and Irrigation for North 27th Avenue Medians, and Final Contract Documents Once Received MEETING DATE: January 5, 2021 AGENDA ITEM TYPE: Agreement - Vendor/Contract RECOMMENDATION: Authorize the City Manager to Sign the Notice of Award to Gallatin Valley Site Services LLC. for the Bozeman Drought Tolerant Landscaping and Irrigation for N. 27th Avenue Medians Total Schedule 1 Base Bid in the Amount of $230,417.00, and Final Contract Documents Once Received. STRATEGIC PLAN: 6.1 Clean Water Supplies: Ensure adequate supplies of clean water for today and tomorrow. BACKGROUND: This project will provide the city with low-maintenance water efficient landscapes in city medians on N. 27th Avenue between Oak St. and Baxter Dr. The landscape and irrigation designs for this project were developed to minimize annual maintenance and outdoor water use through the installation of efficient irrigation and drought tolerant plants. This project will beautify street median landscapes in Bozeman while showcasing sustainable landscaping to serve as an example of sustainable practices for future development in the community. The project generally involves installation of hardscape, drought tolerant landscaping, and irrigation in street medians on N. 27th Ave. between Oak St. and Baxter Lane, including site restoration, traffic control and all other items incidental to construction. The contract is to be completed within 45 calendar days of the issuance of the notice to proceed. Bids for the above-referenced project were opened on November 18th, 2020 with two bids being submitted. The low bid was submitted by Gallatin Valley Site Services LLC. in the amount of $230,417.00 for the base bid. The bid tabulation for the project is attached. UNRESOLVED ISSUES: None 5 ALTERNATIVES: As suggested by the commission FISCAL EFFECTS: Total costs for this project are not to exceed $230,417.00 and will be paid for out of the Streets Department approved CIP funding for street median landscape and irrigation ($209,840.00) and Streets Department contracted services budget ($21,577.00). Attachments: Notice of Award to Gallatin Valley Site Services LLC. for Bozeman Drought Tolerant Landscaping and Irrigation for N. 27th Avenue Medians Bid Tabulation for Bozeman Drought Tolerant Landscaping and Irrigation for N. 27th Avenue Medians Report compiled on: December 17, 2020 6 Section 006 NOTICE OF AWARD Page 1 of 1 NOTICE OF AWARD 2020 Bozeman Drought Tolerant Landscaping and Irrigation for N. 27th Avenue Medians DATED: ____________________ TO: Gallatin Valley Site Services LLC. ADDRESS: 204 7th St. Belgrade, MT 59714 PROJECT: 2020 Bozeman Drought Tolerant Landscaping and Irrigation for N. 27th Medians You are notified that the City of Bozeman (Owner) has considered your bid opened on November 18, 2020 for the above Contract. The Owner has determined that you are the apparent successful bidder and is awarding you the Contract for the 2020 Bozeman Drought Tolerant Landscaping and Irrigation for N. 27th Medians. The price of your Contract is: Two Hundred Thirty Thousand Four Hundred Seventeen Dollars ($230,417.00). Four (4) copies of each of the proposed Contract Documents accompany this Notice of Award. Two (2) sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions within fifteen (15) days of the date of this Notice of Award, that is, by________________________________. You must deliver the following to the Owner before the aforementioned date: 1. Four (4) fully executed counterparts of the Agreement Form, including all Contract Documents and Drawings. 2. Executed Agreement Form, Payment Bond, and Performance Bond as specified in the Instructions for Bidders and General Conditions. 3. Certificates of Insurance as specified in the Supplementary Conditions (paragraphs SC-5.04 and SC-5.06). Failure to comply with these conditions within the time specified will entitle the Owner to consider your bid abandoned, annul this Notice of Award, and declare your Bid Security forfeited. The Owner will return to you two fully signed counterpart of the Agreement with the Contract Documents attached within ten (10) days after you comply with these conditions. CITY OF BOZEMAN, MONTANA ATTEST: BY: ____________________ BY: ____________________ (CITY MANAGER) (CITY CLERK) DATE: ____________________ 7 City of Bozeman Bid - 2020 Drought Tolerant Landscaping and Irrigation for N 27th Ave Medians NAME & ADDRESS CONTRACTOR LICENSE NO. ACKNOWLEDGE ADDENDUM 1 BID BOND AFFIRMATION OF COMPLIANCE WITH RESOLUTION 4250 TOTAL BASE BID ADDITIVE ALTERNATE NO. 1 Gallatin Valley Site Services LLC 204 7th Street Belgrade, MT 59714 258356 yes yes $230,417.00 $22,266.40 Greater Gallatin Contractors, Inc. 201 W Madison Ave #2A Belgrade, MT 59714 158583 yes yes $244,926.50 $21,410.00 These bids were opened and read before the undersigned at 3:00 PM on Wednesday, November 18, 2020. Jessica Ahlstrom Mike Maas Water Conservation Specialist City Clerk Bid Check: Delivered to Finance: Accepted By: Date: 1 2 3 4 Yes Yes DocuSign Envelope ID: AEA7FEA0-A626-4726-8538-38B6EB37E014 8 DocuSign Envelope ID: AEA7FEA0-A626-4726-8538-38B6EB37E014 9 Memorandum REPORT TO: City Commission FROM: Addi Jadin, Parks Planning and Development Manager Mitch Overton, Parks and Recreation Director Chuck Winn, Assistant City Manager SUBJECT: Authorize the City Manager to Sign a Utility Right-of-Way Easement with NorthWestern Energy for the Bridger View Development MEETING DATE: January 5, 2021 AGENDA ITEM TYPE: Agreement - Property RECOMMENDATION: Authorize the City Manager to Sign a Utility Right-of-Way Easement with NorthWestern Energy for the Bridger View Development STRATEGIC PLAN: 4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND: The City received a request for the utility easement from the HRDC to allow relocation of private utilities off of the property they are developing between Story Mill Community Park and the Linear Park along Story Mill Road. As depicted in Exhibit B to the easement, the easement relocation would align the easement along the Linear Park's west property boundary and would add another 2116 square feet to the existing easement on City land. The request from HRDC supports their Bridger View PUD and per the terms of a separate restoration agreement with HRDC, the City-owned land will be returned in good condition upon any disruption by the utility company. Staff finds the agreement suitable because it corrects an irregularly shaped easement on the City parcel, it facilitates more landscaping on the residential parcel as screening from the trail corridor, and primarily because the overhead power lines will be buried improving views within the parkland at no cost to the City. UNRESOLVED ISSUES: Easement requires concurrent approval of a Restoration Agreement with HRDC presented as a separate consent agenda item. ALTERNATIVES: As determined by the Commission. FISCAL EFFECTS: A payment for the appraised value of the easement amounting to $1550.00 is required per the terms of the associated Restoration Agreement with the 10 HRDC. Attachments: Bridger View-NWE Utility ROW Easement w Exhibit A B.pdf Report compiled on: December 17, 2020 11 After Recording, Return To: NorthWestern Energy Lands & Permitting Department 11 East Park Street Butte, MT 59701-1711 UTILITY RIGHT-OF-WAY EASEMENT CITY OF BOZEMAN, a political subdivision of the State of Montana, of PO Box 1230, Bozeman, MT 59771, "Grantor", in consideration of $1.00 and other good and valuable consideration, in hand paid, the receipt of which is acknowledged, does grant and convey to NORTHWESTERN CORPORATION D/B/A NORTHWESTERN ENERGY, a Delaware corporation, 11 East Park Street, Butte, MT 59701-1711, "Grantee", and to its successors, assigns and apportionees, an easement to construct, operate, maintain, replace, upgrade, and remove an electric powerline, a natural gas pipeline, and a communications system, together with necessary appurtenances, over, under, along and across that certain real property located in Gallatin County, Montana, and particularly described as follows: *For an illustration of the approximate location of the easement area, see Exhibit “B” attached hereto and by this reference made a part hereof. TOGETHER with reasonable right of access to and from the easement area over lands of the Grantor using existing roads and trails where practicable; the right to use and keep the easement area free and clear of any and all obstructions or structures, except fences; and the right to clear and remove all timber, brush, or vegetation outside of the easement area that may, in the Grantee’s sole opinion, endanger the gas line, communications system, or necessary appurtenances. The Grantee may temporarily use an additional workspace as needed adjacent to the easement during construction. GRANTOR covenants with the Grantee that the Grantor is lawfully seized and possessed of the real estate above-described, and that the Grantor has a good and lawful right to convey it, or any part thereof. 12 DATED this day of , 20 . City Of Bozeman By: Title: STATE OF ) )ss. COUNTY OF ) This instrument was acknowledged before me on , 20__, by know to me to be the for the City of Bozeman. (NOTARY SEAL) Notary Signature: Notary Print Name: Notary Public for the State of Residing at My Commission Expires , 20 Project: N/A Agent: Dylan Swanson SAP No.: 23157709-0010 Qrm# 13 Exhibit “A” The following is made a part of that certain Utility Right-Of-Way Easement, dated _______________ by and between the City of Bozeman as “Grantor” and Northwestern Corporation D/B/A NorthWestern Energy as “Grantee”. 14 L:\2321-HRDC\-00419-Bridger View Redevelopment\DWG\Survey\2321-00419 COB Esmt Exhibit.dwg, 8.5 X 14 (portrait), Plotted: Apr 07, 2020 - 9:59am, j:>ugh EXHIBIT "B" TO DESCRIBE A PROPOSED PUBLIC UTILITY EASEMENT WITHIN A TRACT OF LAND OWNED BY THE CITY OF BOZEMAN (COB) Described within Fm152Pg2244 of the records of the Gallatin County Clerk and Recorder Office in Bozeman, Montana. Located in the South East One Quarter of Section 31, Township 1 South, Range 6 East, Principle Meridian Montana, City of Bozeman, Gallatin County, Montana 130.49' 30.41' ss ------ss --+-'r+::::::::!:==-°dc-_=-=-=;_=---1----+'I:) 2116 sft of No Existing Utilities In COB property. Location where Existing Utilities Leave COB Property 10714 sft. of Existing Utilities In COB Property. R=1449.56' �=01 o·oo•og" L=253.06' CHO BRNG=S04°24'27"E CHO LGTH=252. 74' R=1429.56' �=01 o·os's6" CHO L=253.22' BRNG=S04°28' 43"E CHO LGTH=252.89' co 'f S 'T"c:1,]'lct o z54 7 COB Property Line Adjoining Property Line LEGEND 20.33' Proposed Easement Line - - - - - - - - Existing Easement Line -- -- Underground Communication --- U GC --- Overhead Electric Line ----OHE---- Power Pole 'D..J Communication Pedestal 30.01' HILLSIDE LANE (60' ESMT) Hxisting /i I DOC#Fo· ESMT 2281 t I ci�t13 'f1"o.,C �p- 113 co5 I I I I I EASEMENT ACREAGE SUMMARY EASEMENT AREA WITH EXISTING UTILITIES 10714 sq.ft. EASEMENT AREA WITHOUT EXISTING UTILITIES 2116 sq.ft. TOTAL EASEMENT AREA: 12830 sq.ft. Memorandum REPORT TO: City Commission FROM: Tom Rogers, AICP, Senior Planner Martin Matsen, AICP, Director of Community Development SUBJECT: Authorize the City Manager to Sign a Utility Easement in Association with the Bridger Veterinary Specialty Hospital Annexation to Annex 2.0099 acres Southeast of the Intersection of Campbell and Reeves Roads, Application 20- 184 MEETING DATE: January 5, 2021 AGENDA ITEM TYPE: Agreement - Property RECOMMENDATION: Accept and authorize City Manager to sign a utility easement in association with the Bridger Veterinary Specialty Hospital Annexation to Annex 2.0099 acres Southeast of the intersection of Campbell and Reeves Roads, Application 20-184. STRATEGIC PLAN: 4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND: The applicant submitted application 20184 to annex into the City and to apply a zoning classification of B-2, Community Business District, to the subject property. One of the terms of annexation was the provision of an easement for a ten foot utility easement adjacent to Campbell and Reeves Roads. This easement addresses the term of annexation. On November 10, 2020, the City Commission held a public hearing and voted 4:1 to annex the subject property, subject to terms of annexation. All contingencies have been met by the applicant, including an approved annexation agreement, map, and legal description. UNRESOLVED ISSUES: None ALTERNATIVES: 1. Accept easement 2. Determine that the prior decision to annex was in error and do accept the easement FISCAL EFFECTS: No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this easement. 16 Attachments: Utiltiy Easement signed.pdf Report compiled on: December 23, 2020 17 Sl go <u ?3 ^. &; 6 S g g g E ffl S I s^ I 0 ^ 0 Pi ffl &< ffl I^II 1 I Wl 1 I 0 0 W: C3 I I pl I cd I s ^ .s ffl i CM I s Q I 1 ^ I 1t I II ^ -§ ^ 3 .i ^ .2 I I 0 ii ^ 1 0 ^ f ra 1-^ u I -2 1 B s ^ s I r^i I s 0 J BS'wd 1^ i. 0 ^-1 cd >^^ < £ ^ t -0 & 03 =3 £ ,MU';';.""1^ ^) u d m h l^: 5 b II %<: ^M ^s^ .2 s3 ?^ -s. c; G u ^ s ^ M 0 c2 a3 < (N fl M x> s w u T3 (U ffl ^-1 00 ^ •a CM ^ 0 0 ^ > ^ ? 0 s i^ cd g ^ \ ri -c ^ u g s 0 u y .3 < ^ s 03 Q s t4-l \ M N fc > 2 T3 0 ^ 0 0 <0 +^ p^ < ^ Q < z <c SP u c 0 VI CD s ^ ^ 03 h 0 M ->< >^ 0 & •a cd m < H ^ u cd -€T -<s u x > f, ^c y-i ^ ^ M ^ [^ ^ cd 0 ^ ^ ? cj >c . <S-2 l c u M ^ =! d ^ .9 s -Q u ~s u 0. .a .22 > s cn s s Q £, fc 0 0 s •s (^ 0 0 <w g 0 £^ c3 % s M ^ 0 u Q M % >. fc &fl s 0 s & A >^ >,-0 .s PL, M .s 0 M Q c ^ s s u ^ < 2 < 3 .22 0 M s s .s s >1 u u ^ 0 0 Q m >, D ^ H 0 .2 »-1 ed s < CQ GO (M = Pl II O^frOOZ \ \ ^\ <^ s< <9 \ >.'^ -^ v) i\nd y3d & ^. 1N3M3SV3 aajjna 3dvosaNyi .os ^ v^: \ \/^ /h and NoiaAiaans "s'xocn AI ^IVM ffn"^^ ^ <9 0 ^ \ r>. ^ ^ 10 ^ .^ 0^ ^^ Q y p ^' Q 0 ^ \ \y Cv y.o> s i\nd 1N3^^3SV3 loaj 3NI~1 ajziit^ia ^ •^>c^ ^' Q <9 ^-» SVO OdM ,01 ^^z ^'A 0' ^.^y ^ \ ^ ^^.^ 0 * s. i\nd y3d A \ ^•^ \x '°^-fc-^ % ^^ -^^?> Lo \ <* b' dlUlS 1N3N3SV3 SS333V ON ,1 ^ ^ ^ ^ 0 <9, </ /uniin 3aiM ,01 ^. < •o. ^ /s /< ^ Q ^> ^ C 101 ^ w<fr ^\\ ^ % r-7^ 1N31^3SV3 / %^ uniin 3aiM .01 ^ (y) «oz.i.i.9Cksrz."92i 0 [3..0^^^,C1^S] / A' 0 \ ? 101 ff> / \ 09 0 / ^ •^\ (8) ^^.SS.QSO 6^'QL ^ •<^ Noieuuaane Aiaadoud u3)nvM z xooia / ^0 ^ f.33't{§ ujoo'sjaau]BuaL|3(giojui • ujoo'sjaauiBuaLjo'wwiM BQLB-iQQ (90fr) xej . gi, i, [,-^85 (90f) 9"°4d 8tZ.BS 11AI 'ueLuszog • S/MJQ sBpuBucos I.BOI, •ou| BuiAaAjns PUB BuussuiBug A. •U 'bs OOZ.'9 = 1N3N3SV3 JO V3yV y ^ ^ -^^ SM33/)S3N /^ ^ ^ ^ •^ ^ S391S6 "ON % ^ < y3-iaNVH3 s •v xyvi^i 0 70 ^ 0 0 A ^ ^ '^0^ ^ jO sj.af a ff uj 3^10 05' OC 0 OC 001 0 001 y a a^ zij 3^1335 Memorandum REPORT TO: City Commission FROM: Addi Jadin, Parks Planning and Development Manager Mitch Overton, Parks and Recreation Director Chuck Winn, Assistant City Manager SUBJECT: Authorize the City Manager to Sign a Restoration Agreement with the HRDC for Utility Relocation Adjacent to Bridger View Development MEETING DATE: January 5, 2021 AGENDA ITEM TYPE: Agreement - Property RECOMMENDATION: Authorize the City Manager to Sign a Restoration Agreement with the HRDC for Utility Relocation Adjacent to Bridger View Development STRATEGIC PLAN: 4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND: The City received a request for a utility easement from the HRDC to allow relocation of private utilities off of the property they are developing between Story Mill Community Park and the Linear Park along Story Mill Road (see associated consent agenda item). As depicted in Exhibit B to the easement, the easement relocation would align the easement along the Linear Park's west property boundary and would add another 2116 square feet to the existing easement on City land. The request from HRDC supports their Bridger View PUD and per the terms of this separate restoration agreement with HRDC, the City-owned land will be returned in good condition upon any disruption by the utility company and the City will be compensated for the additional land encumbrance. Staff finds the agreement suitable because it corrects an irregularly shaped easement on the City parcel, it facilitates more landscaping on the residential parcel as screening from the trail corridor, and primarily because the overhead power lines will be buried improving views within the parkland at no cost to the City. UNRESOLVED ISSUES: The Restoration Agreement requires concurrent approval of the Utility Easement with NWE presented as a separate consent agenda item. ALTERNATIVES: As determined by the Commission. FISCAL EFFECTS: A payment for the appraised value of the easement amounting to $1550.00 21 is required per the attached valuation and the terms of the Restoration Agreement. Attachments: Easement restoration and maintenance agreement w HRDC.docx HRDC Redevelopment_Waiver Valuation_2020-8-24.pdf Report compiled on: December 23, 2020 22 HRDC Easement Restoration and Maintenance Agreement Page 1 of 8 After recording, return to: City of Bozeman 121 N. Rouse Ave. Bozeman, Montana 59715 EASEMENT RESTORATION AND MAINTENANCE AGREEMENT This Easement Restoration and Maintenance Agreement (the “Agreement”) is an agreement between the City of Bozeman, a self-governing municipality operating pursuant to its Charter and the laws of the State of Montana, with a mailing address of P.O. Box 1230, Bozeman, MT 59771 (the “City”) and Human Resource Development Council District IX, Inc., with a mailing address of 32 South Tracy Ave., Bozeman MT 59715 (hereinafter “HRDC”, and together with the City the “Parties”). As used in this Agreement, “HRDC” includes HRDC, its employees, agents, invitees, guests, contractors or subcontractors. In consideration of HRDC’s promises herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Proposed Utility Easement. The City is the owner of real property (the “Open Space”) located in Gallatin County and more particularly described in the easement document attached hereto as Exhibit A. HRDC requested the City grant the utility right-of-way easement (“Easement”) attached as Exhibit A to Northwestern Corporation d/b/a NorthWestern Energy along the western boundary of the Open Space, adjacent to HRDC’s real property proposed to be developed as the Bridger View Redevelopment planned unit development (“Bridger View Property”). The purpose and location of the proposed Easement is described in HRDC’s letter and attached exhibit dated April 14, 2020 (attached hereto as Exhibit B and by this reference made a part hereof). The City agrees to grant the Easement to NorthWestern Energy subject to the terms and conditions of this Agreement. 2. Payment. HRDC agrees to pay the Cityone thousand five hundred and fifty dollars ($1,550.00), the value of the easement as determined by the Waiver Valuation dated August 24, 2020, attached hereto as Exhibit C, within thirty (30) days after execution of this Agreement. 23 HRDC Easement Restoration and Maintenance Agreement Page 2 of 8 3. Obligation to Restore and Maintain Open Space Property. Within thirty (30) days’ written notice from the City’s Representative, HRDC agrees to restore any Open Space property damaged or disturbed by Northwestern Energy’s installation, operation, maintenance, replacement, upgrade, or removal of the utilities in the Easement area to its current condition as of the effective date of this Agreement to the City Representative’s satisfaction. The restoration required under this Section includes the replacement of trees and vegetation removed or damaged by NorthWestern Energy or HRDC in connection with the Easement. The location of replaced trees and vegetation must not interfere with the rights granted to NorthWestern Energy by the Easement. In addition, HRDC shall restore damage it causes to other public or private infrastructure adjacent to the Open Space Property to a condition as good or better than existed prior to HRDC’s occupation of the Open Space Property. The City retains the right to approve any plans for and to inspect work done under this Section. 4. License for Restoration and Maintenance Work. The City hereby grants permission, revocable and terminable as provided herein, on the terms and conditions set forth herein, to HRDC for HRDC’s fulfillment of its restoration and maintenance obligations as stated in this Agreement, which HRDC promises to comply with and abide by. Such permission shall include HRDC’s reasonable right of access to and from the Easement area over the Open Space property using existing roads and trails where practicable, for purposes of fulfilling the obligations described in this Agreement. 5. Title. HRDC hereby acknowledges this Agreement grants a privilege and not an interest in the Open Space property and the title of the City to the Open Space property, and HRDC agrees never to deny such title or claim, at any time, or claim any interest or estate of any kind or extent whatsoever in the Open Space property by virtue of this Agreement or HRDC’s occupancy or use hereunder. The City may enter the Open Space propertyat any time to assert its real property interest or for other purposes which do not unreasonably interfere with the activities of the HRDC authorized by this Agreement. 6. Indemnification/Insurance. a. To the fullest extent permitted by law, HRDC, recognizing it exercises its privileges under this Agreement at its own risk, shall release, and shall protect, defend, indemnify, and hold harmless the City and its agents, representatives, employees, and officers from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City, occasioned by, growing or arising out of or resulting from or in any way 24 HRDC Easement Restoration and Maintenance Agreement Page 3 of 8 related to: (i) the occupation or use of the Property by HRDC; (ii) the negligent, reckless, or intentional misconduct of the HRDC, its officers, employees, or agents on or related to the Property; and (iii) any negligent, reckless, or intentional misconduct of any of the HRDC’s guests, invitees, contractors, or subcontractors on or related to the Property. HRDC’s indemnification obligations shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to an indemnitee described in this Section. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the indemnitee(s) which would otherwise exist as to such indemnitee(s). HRDC’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should any indemnitee described herein be required to bring an action against the HRDC to assert its right to defense or indemnification under this Agreement or under the HRDC’s applicable insurance policies required below the indemnitee shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the HRDC was obligated to defend the claim(s) or was obligated to indemnify the indemnitee for a claim(s) or any portion(s) thereof. In the event of an action filed against the City, the City may elect to represent itself and incur all costs and expenses of suit. The obligations of this Section 6(a) shall survive termination of this Agreement. b. In addition to and independent from the above, during the term of this Agreement HRDC shall at HRDC’s expense maintain those insurances as may be required by City as set forth below through an insurance company or companies duly licensed and authorized to conduct business in Montana which insures the liabilities and obligations specifically assumed by the HRDC in Section 5(a). The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the HRDC in Section 5(a). 25 HRDC Easement Restoration and Maintenance Agreement Page 4 of 8 Within ten (10) days following execution of this Agreement, HRDC shall provide City with proof of such insurance in the form of a certificate of insurance, the insuring agreement and all applicable endorsements demonstrating that such insurance is in full force and effect and shall provide such proof when requested by the City thereafter during the term of this Agreement. The City may require additional evidence of the nature and scope of the insurance required herein. HRDC shall ensure such required insurance coverage is timely renewed so that there is no lapse in coverage during the time such insurance must remain in place. HRDC shall notify the City within two (2) business days of HRDC’s receipt of notice that any required insurance coverage will be terminated or HRDC’s decision to terminate any required insurance coverage for any reason. The insurance and required endorsements must be in a form suitable to the City. c. HRDC shall obtain the following type of insurance in the amount indicated:  Workers’ Compensation: not less than statutory limits; and  Employers’ Liability: $1,000,000 each occurrence; $2,000,000 annual aggregate;  Commercial General Liability: $1,000,000 per occurrence; $2,000,000 annual aggregate;  Automobile Liability: $1,000,000 property damage/bodily injury; $2,000,000 annual aggregate; For liabilities assumed hereunder, the City, its officers, agents, and employees, shall be endorsed as an additional or named insured on a primary non- contributory basis on the Commercial General Liability and Automobile Liability policies. 7. Termination. This Agreement may be terminated by mutual agreement of the Parties in writing. This Agreement will expire upon the recorded release of the Easement by NorthWestern Energy. 8. Nondiscrimination and Equal Pay. HRDC agrees that all hiring by HRDC of persons performing this Agreement shall be on the basis of merit and qualifications. HRDC will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. HRDC will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, 26 HRDC Easement Restoration and Maintenance Agreement Page 5 of 8 sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. HRDC shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. HRDC represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, Montana Code Annotated (MCA) (the Montana Equal Pay Act). HRDC must report to the City any violations of the Montana Equal Pay Act that Seller has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. HRDC shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 9. Amendment. Any amendment or modification of this Agreement or any provision herein shall be made in writing or executed in the same manner as the original document and shall after execution become a part of this Agreement. 10. Agreement to Run with the Land. HRDC’s obligations under this Agreement and the license granted by the City herein shall run with the land. 11. Waiver of Claims. HRDC waives all claims against City for injury to persons or property from its use of the Open Space property except “responsibility for his own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. 12. Representatives. Notices required under this Agreement may be provided by email or regular mail to the representatives identified in this Section. a. City’s Representative. The City Representative for the purpose of this Agreement shall be Addi Jadin, Manager of Trails, Open Space, and Parks Development, or her successor or designee. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, HRDC may direct its communication or submission to other City personnel or agents and may receive approvals or authorization from such persons. 27 HRDC Easement Restoration and Maintenance Agreement Page 6 of 8 b. HRDC’s Representative. The HRDC’s Representative for the purpose of this Agreement shall be Heather Grenier, CEO or her successor or designee. Whenever direction to or communication with HRDC is required by this Agreement, such direction or communication shall be directed to HRDC’s Representative; provided, however, that in exigent circumstances when HRDC’s Representative is not available, the City may direct its direction or communication to other designated employees or agents of HRDC. 13. Permits. Unless otherwise agreed to in writing by the parties, HRDC shall provide all notices, comply with all applicable federal, state, and local laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 14. Intoxicants; DOT Drug and Alcohol Regulations. HRDC shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, upon the Open Space property. HRDC acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. The City shall have the right to request proof of such compliance and HRDC shall be obligated to furnish such proof. The City may order removal from the Open Space property of any employee or agent of HRDC or any of its subcontractors for use of intoxicants on the Open Space property. 15. Liens and Encumbrances. HRDC shall not permit any liens or encumbrances to be filed on the Open Space property related to HRDC’s use of the Open Space property. 16. Dispute Resolution. Any claim, controversy, or dispute between the Parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the Parties, the Parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute shall be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 17. Headings. The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 18. Waiver. A waiver by City of any default or breach by HRDC of any covenants, terms, or conditions of this Agreement does not limit City’s right to enforce such covenants, terms, or conditions or to pursue City’s rights in the event of any subsequent default or breach. 28 HRDC Easement Restoration and Maintenance Agreement Page 7 of 8 19. Severability. If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 20. Applicable Law. The Parties agree that this Agreement is governed in all respects by the laws of the State of Montana. Jurisdiction for any dispute or claim raised under this Agreement or proceeding brought to interpret the Agreement shall lie solely in the State of Montana, Gallatin County. 21. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 22. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party except the City. 23. Counterparts. This Agreement may be executed in counterparts, which together constitute one instrument. 24. Authority. Each party represents that it has full power and authority to enter into and perform this Agreement and the person signing this Agreement on behalf of each party has been properly authorized and empowered to sign this Agreement. 25. Independent Contractor. The Parties agree and acknowledge that in the performance of this Agreement HRDC shall not be considered an agent, representative, subcontractor, or employee of the City. The Parties further agree that all individuals and companies retained by HRDC at all times will be considered the agents, employees, or independent contractors of HRDC and at no time will they be the employees, agents, or representatives of the City. 26. Integration. Except as otherwise provided, this Agreement constitutes the entire agreement of the Parties. Except as otherwise provided, covenants or representations not contained therein or made a part thereof by reference, are not binding upon the parties. Except as otherwise provided, there are no understandings between the parties other than as set forth in this Agreement. Except as otherwise provided, all communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. ########### End of Agreement except for signatures ########### 29 HRDC Easement Restoration and Maintenance Agreement Page 8 of 8 Executed this _____ day of __________________, 2020. CITY: ____________________________________ Jeff Mihelich, Bozeman City Manager STATE OF MONTANA ) : ss. County of Gallatin ) This instrument was acknowledged before me on the _____ day of ________________, 20___ by Jeff Mihelich, as City Manager for the City of Bozeman, Montana. __________________________________________ Notary Public for the State of Montana Printed Name: _____________________________ (SEAL) Residing in________________________________ My Commission Expires:_____________________ HRDC ____________________________________ Heather Grenier, CEO STATE OF MONTANA ) : ss. County of Gallatin ) This instrument was acknowledged before me on the _____ day of ________________, 20___ by Heather Grenier, as CEO for HRDC. __________________________________________ Notary Public for the State of Montana Printed Name: _____________________________ (SEAL) Residing in________________________________ My Commission Expires:____________________ 30 HRDC Bridger View Redevelopment Page 1 of 3 20083 Parcel 1-1 Bridger View Redevelopment HRDC, Bozeman, MT Project Name: HRDC Bridger View Redevelopment Project No: 20083 Parcel No: 1-1 WAIVER VALUATION OWNERSHIP INFORMATION Property Owner: City of Bozeman Property Address: Story Mill Rd. and Bridger Dr. (SW Corner of Intersection) Property Location: Bozeman, MT PROPETY INFORMATION Present Use: Open Space Highest and Best Use: Residential Development Zoning Authority: City Zoning Classification: R-4 (Residential High Density District) Property Size (Before): 0.989 acres Improvements: N/A ACQUISITION INFORMATION Partial Acquisition: ☒ Full Acquisition: ☐ Area to be Acquired Parcel No. Area (sq.ft.) Fee Perm. Easement Temp. Permit Parcel 1-1 Utility Ease. 2,116* ☐ ☒ ☐ * Area only includes portion of easement without existing utilities on subject property shown on Exhibit A DESCRIPTION OF ACQUISITION: Permanent property rights to utilize portions of the subject property for a public utility easement have been requested by the Human Resources Development Council District IX, Inc. (HRDC), the owner of the adjacent tract of land west of the subject property. A 20-foot wide easement along the west line of the subject property was requested for existing and proposed public and private utilities as part of HRDC’s redevelopment project (see Exhibit A attached). The present use of the subject property is as open space with a pedestrian trail. Subsequent research on the subject property did not locate a formal agreement or easement requiring the use and/or dedication of the pedestrian trail or open space. It has been assumed the pedestrian trail could be relocated into the existing road right-of-way and the property can be developed following current development codes. VALUATION ANALYSIS: The subject property has been valued as if raw, vacant land that is available for the highest and best use. The data for the subject property and comparable sales was verified by an external field inspection and desk review. This is a simplified valuation report, and as such, contains summary discussions of the data, reasoning and analysis that were used to develop the opinion of value. The Sales Comparison approach was utilized to determine the land value of the subject property. The Sales Comparison approach is recognized as the most appropriate and reliable method for estimating the value of land such as the subject property. Research of the local real estate market was conducted to document recent sales information for properties similar to the subject property. The comparable sales information utilized to develop the opinion of value of raw, vacant land similar to the subject property is detailed below: 31 HRDC Bridger View Redevelopment Page 2 of 3 20083 Parcel 1-1 COMPARABLE SALES INFORMATION Comp. Parcel # Subject 1 2 3 MLS # - - 303891 220744 301416 Property Address TBD Story Mill Rd Bozeman, MT 3315 Story Mill Rd Bozeman, MT 1055 Caddie Ct. Bozeman, MT TBD St Andrews Bozeman, MT Zoning Authority City City City City Zoning R-4 R-3 R-3 R-3 Current Use Vacant Open Space Vacant Residential Vacant Residential Vacant Residential Date of Sale - - 12/28/2017 7/6/2018 9/19/2019 Sales Price - - $159,000 $125,000 $135,000 Size (acres) 0.989 0.643 0.777 0.856 Indicated $/sq.ft. 1 - - $6.72 $4.23 $3.87 1 Adjusted for current market conditions The comparable sales data range from $3.87 per sq.ft. to $6.72 per sq.ft. The average value of the three comparable parcels is $4.94 per sq.ft. The access and zoning of the subject is similar to all three comparable parcels, however Comparable 3 is slightly removed from Story Mill Road. The subject exhibits a slightly larger parcel size than the comparables and is adjacent to two main arterial roads. The subject parcel is located adjacent to the Story Mill Park while the three comparable parcels are adjacent to Bridger Creek Golf Course. Given all these factors, the indicated market value of the subject property is estimated to be $5.16 per sq.ft. for unencumbered vacant land with similar property characteristics as just compensation for the acquisition of vacant land in fee. Additional considerations for existing site characteristics of the subject property were evaluated to adjust the property value due to the subject property’s shape in comparison to the comparable parcels. The subject parcel’s shape is narrower than the comparable parcels, making a potential development slightly more difficult, affecting the value of the land. After evaluation of the comparable sales, factoring in existing site characteristics of the subject parcel, a factor of 70% was applied. Given all these factors, the indicated market value of the subject property is estimated to be $3.61 per sq. ft. for property with this zoning, size, shape, and use as just compensation for the fee acquisition of vacant land. Easements grant specific rights on a piece of land to another entity for specific uses, but do not transfer title of the land. Compensation for easement interests is determined as a percentage of the fee value (100% acquisition value) based on the level to which the acquired interest limits/encumbers the use of the property by the owner. For permanent utility easements with underground infrastructure, the owner retains much of the use of the impacted land and is valued at 20% of the fee value. VALUATION CALCULATION: COMPENSATION Item Calculation Detail Compensation Parcel 1-1: 2,116 sq.ft. x $3.61 per sq.ft. x 20% = $ 1,528 Subtotal: $ 1,528 Cost to Cure: None $ 0 Total Compensation 1: $ 1,550 HRDC Bridger View Redevelopment Page 3 of 3 20083 Parcel 1-1 Date of Inspection: August 18, 2020 Prepared By: Date of Valuation: August 24, 2020 Tony Gaddo, PE, REALTOR® Right-of-Way Specialist Date Approved: ________________ Approved By: Berning Project Management, LLC. Name: Title: 33 EXISTING ROAD R/W (TYP) 34 Memorandum REPORT TO: City Commission FROM: Lance Lehigh, Development Review Engineer Shawn Kohtz, City Engineer Mitch Reister, Public Works Director SUBJECT: Ratify the City Manager's Signature on the Agreement for Reimbursement for the Cottonwood Subdivision South Cottonwood Road Widening MEETING DATE: January 5, 2021 AGENDA ITEM TYPE: Agreement - Property RECOMMENDATION: Ratify the City Manager's Signature on the Agreement for Reimbursement for the Cottonwood Subdivision South Cottonwood Road Widening. STRATEGIC PLAN: 4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND: The developer of the Cottonwood Subdivision requested establishment of a payback district for the widening of South Cottonwood Road between the Town Pump access to the north and the Farmers Canal crossing to the south. These improvements will directly benefit the property to the north of the Cottonwood Subdivision. The developer negotiated a payback of $418,377.92 with the property owner of the benefitted property as shown in the agreement for reimbursement. UNRESOLVED ISSUES: None. ALTERNATIVES: As suggested by the City Commission. FISCAL EFFECTS: Staff time to administer the payback district is compensated by a 7% administrative fee, which offsets the City's costs. Attachments: Agreement for Reimbursement - Cottonwood Subdivision - South Cottonwood Road Widening Report compiled on: December 28, 2020 35 36 37 38 39 40 41 42 43 44 45 Memorandum REPORT TO: City Commission FROM: Brit Fontenot, Director of Economic Development SUBJECT: Authorize the City Manager to Sign an Amendment One to the Sub-Recipient Agreement with the Prospera Business Network for Management of the City of Bozeman's Community Development Block Grant Revolving Loan Fund and Coronavirus Small Business Local Relief Fund MEETING DATE: January 5, 2021 AGENDA ITEM TYPE: Agreement - Agency/Non-profit RECOMMENDATION: Authorize the City Manager to sign the First Amendment to Sub-Recipient Agreement with the Prospera Business Network for Management of the City of Bozeman’s Community Development Block Grant Revolving Loan Fund and Coronavirus Small Business Local Relief Fund. STRATEGIC PLAN: 2.1 Business Growth: Support retention and growth of both the traded and local business sectors while welcoming and encouraging new and existing businesses, in coordination with the Economic Development Plan. BACKGROUND: On July 27, 2020, the City Commission authorized the City Manager to sign a Sub-Recipient Agreement with the Prospera Business Network for management of the City of Bozeman’s Community Development Block Grant Revolving Loan Fund. When redrafting the agreement, staff inserted an additional provision for managing a Coronavirus Small Business Local Relief Fund, Section C. 7 of the agreement, if the City were ever in a position to fund such a program. At the hearing, the City Commission approved the 5 year term contract with Prospera including the new provision described above, the establishment of a Coronavirus Small Business Local Relief Fund. The provision reads: In the event a Coronavirus Small Business Local Relief Fund, is established by the City of Bozeman, the City and the Sub-recipient may establish a separate policies and procedures document and administrative fees for this COVID Relief Fund. Links to July 27, 2020 City Commission Packet Material and Meeting Video: Link to the July 27, 2020 City Commission Packet Materials ; and Link to the July 27, 2020 City Commission Meeting Video On November 24, 2020 the City Commission approved Resolution 5230 amending the FY21 General Fund Budget for the purpose of using CARES Act 46 Reimbursement funds for COVID Relief grants and programs. Under the proposal, a COVID Business Support Program, titled the Coronavirus Small Business Local Relief Fund, will be established with 20% of the available funds totaling approximately $850,000. Our recently adopted contract with Prospera for administration of our existing Revolving Loan Fund includes the opportunity for Prospera to assist with the creation and administration of the Coronavirus Small Business Local Relief Fund. We are activating this provision of the contract and have worked with Prospera to develop programs that will meet un-met needs in the local business community that will address COVID and also furthering resiliency and other city goals. Once approved, Prospera would immediately begin administering the program. Links to November 24, 2020 City Commission Packet Material and Meeting Video: Link to the November 24, 2020 City Commission Packet Material ; and Link to the November 24, 2020 City Commission Meeting Video . Approval of the First Amendment to the original, approved Professional Services Agreement with Prospera authorizes the update to the contract, approves commencement of the program. (Attachments 1 and 2) UNRESOLVED ISSUES: None at this time. ALTERNATIVES: As proposed by the City Commission. FISCAL EFFECTS: Prospera will charge the Bozeman Recovery Fund $2,750/mo. for two years to launch and then manage the grant and loan program for business clients. Costs will include: staffing and administration, accounting, secure file system sharing, website forms, credit reports, lien filing, client services, multiple software systems for loans, audit, tax filing, banking, loan invoicing, servicing and records, etc. Attachments: Exhibit 1 FINAL amendment 1 to Prospera subrecipient agreement.docx Exhibit 2 Attachment A FINAL Coronavirus Small Business Local Relief Fund Program V9 12.16.20.pdf Report compiled on: December 16, 2020 47 First Amendment to Sub-Recipient Agreement with Prospera Business Network Page 1 of 2 FIRST AMENDMENT TO SUB-RECIPIENT AGREEMENT FOR CORONAVIRUS SMALL BUSINESS LOCAL RELIEF FUND THIS FIRST AMENDMENT TO THE SUB-RECIPIENT AGREEMENT FOR Community Development Block Grant Revolving Loan Fund and Coronavirus Small Business Local Relief Fund approved on July 27, 2020 (the “Agreement”) is made and entered into this _____ day of ____________, 202__, by and between the CITY OF BOZEMAN, MONTANA, a self governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and GALLATIN DEVELOPMENT CORPORATION, doing business as PROSPERA BUSINESS NETWORK, hereinafter referred to as “Sub-Recipient.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement as follows: 1. Scope of Services. Section C of the Agreement is amended to add the services described in the Proposal attached hereto as Exhibit A and by this reference made a part of the Agreement. 2. Agreement still valid. All remaining terms and provisions of the Agreement remain valid. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 48 First Amendment to Sub-Recipient Agreement with Prospera Business Network Page 2 of 2 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA GALLATIN DEVELOPMENT CORPORATION, DBA PROSPERA BUSINESS NETWORK By________________________________ By_____________________________ Jeff Mihelich, City Manager Print Name: Title: APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 49 Coronavirus Small Business Local Relief Fund Program Description The Coronavirus Small Business Local Relief Fund is aimed at helping small businesses in Bozeman stabilize and recover operations. The fund is especially interested in helping those businesses who meet the eligibility criteria of single owner businesses with no employees and small businesses with up to 20 employees AND whose businesses are:  Impacted by COVID-19 health restrictions, reduced hours, reduced occupancy, or otherwise can demonstrate negative impacts due to health restrictions.  Dependent on in-person customers and have seen revenue decline due to COVID -19.  In need of the stabilization of operations, improvement of business efficiency, and/or assistance with business recovery. Pathways for Business Support: Grants and Micro-loans 1. Business Grants for Single Owner-No Employees: up to $5,000 Goal: Business Stabilization Use of Funds  Business lease and utility payments. Eligible Entities Applicants must meet all of the following eligibility criteria:  Single business owners physically located within the Bozeman city limits  Established before July 1, 2019  Not in bankruptcy  Good standing with City. “Good standing” with City means: o not delinquent in payment of City assessments or other City-imposed fees; and o has a current business license, if required; and o In compliance with City zoning and building codes  In compliance with all applicable federal, state, or local health department COVID-19 directive, rule, or order  Qualified to do business in Montana  Only one business is eligible per owner. Grants to holding companies held by the business owner are not eligible. Funding Program 50 Grants: Eligible businesses apply to have up to 2 months of lease and utility payments supported. Grant award based on documented costs, up to $5,000. Target audience: Single Owner-No Employee businesses who can demonstrate impacts because of COVID health restrictions, and/or are dependent on in-person clients and can demonstrate loss of business activity. 2. Business Grants for Small Businesses: up to $10,000 Goal: Business Stabilization Use of Funds  Business lease and utility payments. Eligible Entities Applicants must meet all of the following eligibility criteria:  A business with 20 or fewer employees in Montana based on FTE count  A business physically located within the Bozeman city limits  Established before July 1, 2019  Not in bankruptcy  Good standing with City. “Good Standing” with City means: o not delinquent in payment of City assessments or other City-imposed fees; and o has a current business license, if required; and o In compliance with City zoning and building codes  In compliance with all applicable federal, state, or local health department COVID-19 directive, rule, or order  Qualified to do business in Montana  Only one business is eligible per owner. Grants to holding companies held by the business owner are not eligible. Funding Program Grants: Eligible businesses apply to have up to 2 months of lease and utility payments supported. Grant award based on documented costs, up to $10,000. Target audience: small businesses with employees who can demonstrate impacts because of COVID health restrictions, and/or are dependent on in-person clients and can demonstrate loss of business activity. 3. Micro-loans for Small Businesses: up to $30,000 Goals of the Program 51  Business Retention and Jobs  Business Recovery and Stabilization Use of Funds  Working capital and wages  Equipment and inventory  Lease and utility payments. Eligible Entities  A business with 20 or fewer employees in Montana based on FTE count  A business physically located within the Bozeman city limits  Established before July 1, 2019  Not in bankruptcy  Good standing with City. “Good standing” means: o not delinquent in payment of City assessments or other City-imposed fees; and o has a current business license, if required; and o In compliance with City zoning and building codes  In compliance with all applicable federal, state, or local health department COVID-19 directive, rule, or order  Qualified to do business in Montana  Only one business is eligible per owner.  Grants to holding companies held by the business owner are not eligible. Funding Program Business Loans. Eligible businesses apply for a loan up to $30,000 at 3% for 5 years. No fees or closing cost. NO prepayment penalty. No payments for 1 month (deferred) Business must provide a planned use of funds and demonstrate an ability to repay the loan. Application Process I. Grants: Recommend funding “rounds” so that the grant applications are done in several open cycles. This is a fair process that allows a variety of businesses to learn about and prepare to apply. And if they miss one round, they can get ready to apply for the next round. 1. Online web-form with questionnaire: Choose the grant track that applies -Download checklist of items needed 52 2. Assigned a business counselor and email exchanges to get copies of lease payments and eligibility documents for final grant application. Completed applicants go to committee for decision. 3. Committee approved grants, meeting all program criteria, will sign a grant agreement with Prospera. II. Loans: 1. A business eligibility online web-form will allow for the analysis of basic eligibility criteria information and provide a documents checklist. 2. A secure link to “share file” to upload documents will be provided 3. A business interview is conducted to determine both business eligibility and to discuss intended use of funds. Business signs loan application documents and Prospera pulls credit report. 4. Completed loan applications are reviewed by a committee established by Prospera and will include a City representative a. The committee will evaluate applications based on the business eligibility and requirements of the program and merits of the application. 5. Approved loans go to closing (loan agreement and promissory note) a. The loan agreement and promissory note used for micro-lending, will be reviewed and approved by the City in advance. Agreements will include, but are not limited to, the following required terms: i. Representation and warranty of compliance at the time of execution and continued compliance during the term of the loan agreement with COVID-19 rules. ii. Accelerated repayment if business is in breach of the above representation and warranty. iii. Nondiscrimination and Equal Pay provision Prospera Administration Prospera will charge the Coronavirus Small Business Local Relief Fund $2,750/mo. for two years to launch and manage the grant and loan program for business clients. Costs may include, but are not limited, to staffing, accounting, secure file system sharing, website forms, credit reports, lien filing, client services, software systems updates, audit, tax filing, banking, loan invoicing, servicing and record keeping. 53 Memorandum REPORT TO: City Commission FROM: Anna Rosenberry, Assistant City Manager SUBJECT: Authorize the City Manager to Sign an Amendment Two to the Agreement for Services with Montana State University for SARS-COV-2 Testing at the Wastewater Treatment Plant MEETING DATE: January 5, 2021 AGENDA ITEM TYPE: Agreement - Agency/Non-profit RECOMMENDATION: Authorize City Manager to Sign Amendment #2 to the Agreement for Services with Montana State University for SARS-COV-2 Testing at the Wastewater Treatment Plant STRATEGIC PLAN: 3.2 Health & Safety Action: Work with our partners to improve education, public awareness, and to coordinate programs concerning emergency services, criminal justice, and important social services. BACKGROUND: On June 5, 2020, the City entered into an agreement with Montana State University for testing at the wastewater treatment plant to detect the presence and level of the SARS-COV-2 virus in our community. Since that time, we have amended the agreement once to extend the testing timeframe to its present date of December 31, 2020. This Amendment will extend the contract timeline until March 31, 2021. Both the City and MSU agree that this would be highly beneficial to the community's understanding of the pandemic locally. UNRESOLVED ISSUES: None. ALTERNATIVES: None. FISCAL EFFECTS: The City will continue to pay the same prices under the existing contract. For instance, in the month of November, testing costs totaled $1,707. In the past, we have sought reimbursement under the Coronavirus Relief Funds. Going forward, we will pay the contract out of the Water Reclamation Facility (wastewater treatment plant) budget and seek reimbursement through Federal or State programs. Attachments: 2ndAmendment WRF COVID contract.docx 54 Report compiled on: December 21, 2020 55 SECOND AMENDMENT TO THE AGREEMENT FOR SERVICES This second Amendment to the Agreement for Services (“Amendment”) effective as January 1st, 2021, is entered into by and between City of Bozeman, Montana, (“City”) and Montana State University (“Contractor”), each referred to individually as ‘Party” and collectively as the “Parties”. The Parties entered into that certain Agreement for Services, dated June 5, 2020 (“Agreement”). The parties entered into an Amendment on August 30th, 2020. The Parties agree to further amend the Agreement for Services as follows: 1. Term has been extended from December 31st, 2020 to March 31, 2021. All other terms and conditions of the Agreement for Services remain the same. To express the Parties’ intent to be bound by this Amendment, they have executed this agreement on the dates set forth below. MONTANA STATE UNIVERSITY CITY OF BOZEMAN, MT Signature: ______________________________ Signature: ______________________________ By: By: Title: Associate VP for Research, Economic Development & Title: Graduate Education Date: _________________________________ Date: _________________________________ 56 Memorandum REPORT TO: City Commission FROM: Bob Murray, Project Engineer Shawn Kohtz, City Engineer Mitch Reister, Public Works Director SUBJECT: Resolution 5252, Authorizing a Change Order Number One to the Front Street Interceptor Sanitary Sewer Main Replacement Project MEETING DATE: January 5, 2021 AGENDA ITEM TYPE: Resolution RECOMMENDATION: Approve Resolution 5252 authorizing Change Order No.1 to the Front Street Interceptor Sanitary Sewer Main Replacement Project. STRATEGIC PLAN: 4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND: Attached is a copy of resolution 5252 and change order number 1 for the above referenced project. This change covers several items. The first is that the contract included a miscellaneous unit price item to cover extra work that may come up during the course of the project. The item was set at $50,000. Unlike other unit priced items, once the $50,000 cap is reached any additional extra work items need to be processed as a change order. The total value of extra work required on the project was $55,865.85, so this change will authorize the $5,865.85 above the original bid amount. A detailed breakdown of all of the extra work items is included with the change order. The second purpose of the change is to provide a final reconciliation of all of the unit priced items. Although not typically done on City projects, it is required when funding agencies are involved as is the case here. During the design of projects, the quantities for all of unit price items are estimated for the purposes of bidding. During the course of the work, the actual amount of work completed for each item is paid. At the end of the project, the reconciliation change order is executed to contractually establish the final quantities and set the final contract amount. In this case between the extra work discussed above and the differences in quantities installed, the final contract amount is $3,033,261.85 or $92,864.15 less than the contract award amount. The final issue covered was for change to the backfill and compaction requirements on the project in the wetland areas. The engineer on the project deemed the material in the wetland areas unsuitable to be able to 57 achieve the required level of compaction. The options at that point were to pay the contactor extra to remove and replace all of that material, or allow for a lesser level of compaction in those areas which was the option decided upon. This is a no cost change, but is included to formalize the decision to change the requirements of the contract documents. UNRESOLVED ISSUES: None ALTERNATIVES: As suggested by the City Commission. FISCAL EFFECTS: Establishes the final contract amount at $3,033,261.85, a reduction of $92,864.15 from the contract award amount. Attachments: Resolution 5252 Alteration of Contract with COP on Front Street Interseptor Sewer.doc Change Order 1 with COP on Front Street Interseptor Sewer.pdf Report compiled on: December 22, 2020 58 1 of 2 COMMISSION RESOLUTION NO. 5252 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROVING ALTERATION/MODIFICATION OF CONTRACT WITH COP CONSTRUCTION, BILLINGS, MONTANA. WHEREAS, the City Commission did, on the 1st day of June 2020, authorize award of the bid for the Front Street Interceptor Sanitary Sewer Main Replacement Project to COP Construction, Billings, Montana; and WHEREAS, Section 7-5-4308, Montana Code Annotated, provides that any such alterations or modifications of the specifications and/or plans of the contract be made by resolution; and WHEREAS, it has become necessary in the prosecution of the work to make alterations or modifications to the specifications and/or plans of the contract. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that the proposed modifications and/or alterations to the contract between the City of Bozeman, a municipal corporation, and COP Construction, as contained in Change Order No. 1, attached hereto, be and the same are hereby approved; and the City Manager is hereby authorized and directed to execute the contract change order for and on behalf of the City; and the City Clerk is authorized and directed to attest such signature. 59 Resolution No. 5252, Change Order 1 for Front Street Interceptor Sanitary Sewer Main Replacement Project 2 of 2 PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 5th day of January, 2021. __________________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ________________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _____________________________________________ GREG SULLIVAN City Attorney 60 • • www.seaeng.com Engineers and Land Surveyors 851 Bridger Drive, Suite 1, Bozeman, MT 59715 | phone: 406-522-8594 | fax: 406-522-9528 L:\0805-City of Bozeman\-00519-Front Street Sewer\Documents\Construction\Change Orders\Reconciling Change Order 12-14- 20\Reconciling Change Order Cover Letter 12-16-20.docx December 16, 2020 Bob Murray, PE Engineering Department City of Bozeman 20 E. Olive, PO Box 1230 Bozeman, MT 59771-1230 RE: Front Street Interceptor Sanitary Sewer Main Final Reconciling Change Order Bob: Please find the attached reconciling change order for the Front Street sewer project. This change order represents reconciliation of the actual quantities installed. Due to actual quantity reductions the change order decreases the total project cost by $92,864.15. This change order also incorporates into the contract the Plan and Specification Revision dated 9- 17-20, clarifying wetland backfill compaction requirements. This revision is a no-cost change. Lastly, this change order identifies and quantifies miscellaneous work required under bid item 134. The scope of the miscellaneous work items requires 7 days to be added to the contract time. Included supporting documents are: • City of Bozeman Change Order Form • Quantity Record Sheet • Plan and Specification Revision 9-17-20 • Summary of Final Miscellaneous Work Items Please let me know if you need any additional information. Sincerely, Cordell D. Pool, PE Cc. Eric Smith, COP Construction 61 CHANGE ORDER No. DATE OF ISSUANCE ________ _ EFFECTIVE DATE _________ _ OWNER ______________ _ CONTRACTOR _ _________ _ Contract: -------------------------------------- Project: ________________ _ ENGINEER ____________ _ OWNER's Contract No. ,----------- ENGINEER's Contract No. ________ _ You are directed to make the following changes in the Contract Documents: Description: Reason for Change Order: Attachments: (List documents supporting change) CHANGE IN CONTRACT PRICE: Original Contract Price $ Net Increase (Decrease) from previous Change Orders No. to $ Contract Price prior to this Change Order: $ Net increase (decrease) of this Change Order: $ Contract Price with all approved Change Orders: $ CHANGE IN CONTRACT TIMES: Original Contract Times: Substantial Completion: Ready for final payment: ( days or dates) Net change from previous Change Orders No._ to No. Substantial Completion: Ready for final payment: (days) Contract Times prior to this Change Order: Substantial Completion: Ready for final payment: ( days or dates) Net increase (decrease) this Change Order: Substantial Completion: Ready for final payment: (days) Contract Times with all approved Change Orders: Substantial Completion: Ready for final payment: (days or dates) Contractor certifies and agrees that there are no additional costs or claims for extra work, additional time, delays or omitted items, of any nature whatsoever, associated with the subject change order items, except as identified and set forth herein and unless expressly stated otherwise in the Change Order. And further, that the price agreed-upon herein represents the full cost and value for the subject work performed and the materials supplied under the terms of the contract and that the work quantities and value were properly determined and are correct. CONTRACTOR (Authorized Signature) RECOMMENDED BY: (ENGINEER- Signature) Date EJCDC 1910-8-B (1996 Edition Date APPROVED BY: OWNER (Authorized Signature) Date 63 COP Final Bid Schedule City of Bozeman Front Street Interceptor Sanitary Sewer Main Replacement 6/23/2020 11/4/2020 COP Construction Qty Change Cost Change Notes Item No. Description Est. Quantity Final Qty Unit Unit Price Cost 101 Mobilization/Insurance/Bonding 1 1 LS $302,166.00 $302,166.00 102 Exploratory Excavation 40 9 HR $200.00 $8,000.00 -31 -$6,200.00 Actual qty 103 Erosion Control 1 1 LS $50,000.00 $50,000.00 104 Traffic Control 1 1 LS $25,000.00 $25,000.00 105 Trench Dewatering 1 1 LS $528,000.00 $528,000.00 106 Bypass Pumping 1 1 LS $40,000.00 $40,000.00 107 Water Main Conflict Crossing (Re-Route of Water Main) 60 0 LF $170.00 $10,200.00 -60 -$10,200.00 Not required 108 Water Service Conflict Crossing (Re-Route of Water Service) 50 0 LF $47.00 $2,350.00 -50 -$2,350.00 Not required 109 Utility Crossings, Conflicts, and Protection 24 22 EA $810.00 $19,440.00 -2 -$1,620.00 Actual qty 110 Culvert Crossings, Conflicts, and Protection 3 4 EA $2,700.00 $8,100.00 1 $2,700.00 One extra required at Haggerty Lane 111 Parallel Utility Conflicts and Protection 550 407 LF $86.00 $47,300.00 -143 -$12,298.00 Actual qty 112 Asphalt Pavement Restoration 775 1,150 LF $92.00 $71,300.00 375 $34,500.00 Extra required at softball parking lot 113 Curb and Gutter Restoration 690 583 LF $53.00 $36,570.00 -107 -$5,671.00 Actual qty 114 Gravel Surface Restoration 2,609 2,609 LF $16.00 $41,744.00 115 Restoration of Non-Driving Surfaces 4,550 4,000 LF $4.00 $18,200.00 -550 -$2,200.00 Reduction at softball parking lot 116 All-Weather Access Surfaces (Non-Wetland Areas) 2,311 2,951 SY $20.00 $46,220.00 640 $12,800.00 More non-wetland trail required 117 All-Weather Access Surfaces (Wetland Areas) 3,246 2,317 SY $35.00 $113,610.00 -929 -$32,515.00 Less wetland trail required 118 Lay-Down Curb for Drive Approach 8 8 EA $3,900.00 $31,200.00 119 8" SDR35 PVC Sewer Main 193 220 LF $72.00 $13,896.00 27 $1,944.00 Additional pipe at MH 14 revision 120 18” PS46 ASTM F679 PVC Sewer Main 3,884 3,884 LF $102.00 $396,168.00 121 21” PS46 ASTM F679 PVC Sewer Main 943 943 LF $154.00 $145,222.00 122 24” PS46 ASTM F679 PVC Sewer Main 2,800 2,800 LF $142.00 $397,600.00 123 Jack and Bore (Including 36" Steel Casing Pipe) 135 135 LF $1,800.00 $243,000.00 124 Jack and Bore (Including 42" Steel Casing Pipe) 131 131 LF $1,000.00 $131,000.00 125 60" Basic Sanitary Sewer Manhole 25 25 EA $4,500.00 $112,500.00 126 Additional 60" Sanitary Sewer Manhole Depth 176 181 VF $170.00 $29,920.00 5 $850.00 Actual qty 127 72" Basic Sanitary Sewer Manhole 3 3 EA $10,000.00 $30,000.00 128 Additional 72" Sanitary Sewer Manhole Depth 18 18 VF $210.00 $3,780.00 129 Type 2 Pipe Bedding 1,475 326 CY $40.00 $59,000.00 -1149 -$45,960.00 Actual qty 130 Flowable Fill 303 209 CY $270.00 $81,810.00 -94 -$25,380.00 Actual qty 131 Connect to Existing Manhole 2 3 EA $3,200.00 $6,400.00 1 $3,200.00 One extra required at MH 14 132 12" Corrugated Metal Pipe (CMP) Culvert 24 32 LF $70.00 $1,680.00 8 $560.00 Actual qty 133 Asbestos Cement (AC) Pipe - Removal, Handling, and Disposal 2,250 1,260 LF $11.00 $24,750.00 -990 -$10,890.00 Actual qty 134 Miscellaneous Work 50,000 55,865.85 EA $1.00 $50,000.00 5865.85 $5,865.85 Total additional work $55,865.85 ORIGINAL CONTRACT TOTAL $3,126,126.00 -$92,864.15 FINAL CONTRACT TOTAL $3,033,261.85 64 Engineers and Surveyors 851 Bridger Drive, Suite 1, Bozeman, MT 59715 | phone: 406-522-9526 | fax: 406-522-9528 | www.seaeng.com Front Street Interceptor Sanitary Sewer Main Replacement Plan and Specification Revision 9-17-20 Revised General Utility Note 2 on sheet C 0.1. (This is simply a clarification to identify backfill zones as specified in Montana Public Works Standard Specifications.) 2. PIPE-LINE BEDDING TO BE TYPE 1 FROM 4” BELOW THE PIPE TO 6” ABOVE THE PIPE. PIPELINE BACKFILL SHALL BE: TYPE A BACKFILL – IN CITY STREETS AND RIGHT-OF-WAYS STA 0+00 TO STA 26+00 STA 56+00 TO 75+50 TPYE B BACKFILL – TYPICAL GRAVEL ACCESS ROAD/TRAIL (UNPAVED ALLEY) STA 36+80 TO STA 43+00 TYPE C BACKFILL – WETLAND ACCESS ROAD AND RESTORED WETLANDS STA 26+00 TO STA 36+80 STA 43+00 TO STA 56+00 Revised Note 1 on Typical Gravel Access Road/Trail Section (Wetlands Traffic Rated) on sheet C 3.1. (This is a revision to specify typical subgrade preparation beneath stabilization geotextiles over soft soils.) 1. SUBGRADE TO BE CONSTRUCTED IN COMPLIANCE WITH MPWSS AND CITY OF BOZEMAN MODIFICATIONS TO MPWSS, SECTION 2230, EXCEPT FOR THE FOLLOWING. SUBGRADE DOES NOT REQUIRE COMPACTION TESTING. SUBGRADE TO BE CONSOLIDATED, FREE OF VOIDS, AND SMOOTH PRIOR TO PLACEMENT OF GEOTEXTILE FABRIC. 65 Summary Description Date Cost Storm Drain Inlet Repair 8/1/2020 $2,435.08 Unlocated Sewer Service 9/25/2020 $2,605.10 Wetland Sod 9/29/2020 $14,044.96 Bore Obstructions 9/29/2020 $17,000.67 Unforseen AC Line 10/5/2020 $1,764.99 Welding Rail For Casing Spacer 10/16/2020 $2,117.13 Added Casing Chalk Costs 10/22/2020 $8,597.92 Adtional Sewer Services 11/4/2020 $6,000.00 Manhole Removal 11/4/2020 $1,000.00 Manhole Plugging 11/4/2020 $300.00 $55,865.85 66 Job No. Date: 40 Hr Week 45 Hr Week 50 Hr Week 55 Hr Week 60 Hr Week Hours Rate Hours 2 $60.40 $120.80 $0.00 2 $50.90 $101.80 $0.00 2 $58.10 $116.20 $0.00 2 $58.10 $116.20 $0.00 2 $56.10 $112.20 $0.00 2 $58.10 $116.20 $0.00 2 $76.40 $152.80 $0.00 2 $50.90 $101.80 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $938.00 $0.00 $938.00 Hrs Wkd Cost / Rate Total Hrs Wkd Cost / Rate Total 2.0 $128.91 $257.82 2.0 $166.81 $333.62 2.0 $30.33 $60.66 2.0 $112.15 $224.30 2.0 $73.41 $146.82 2.0 $50.00 $100.00 2.0 $30.33 $60.66 2.0 $78.00 $156.00 2.0 $43.14 $86.28 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,426.16 % $0.00 % $1,426.16 Subtotal Rental Equipment TOTAL EQUIPMENT The information contained here-in shall represent the work performed on the date noted. COP Construction LLC reserves the right to include overlooked expenses before final invoice. Labor rates based on composite week hours as marked: End Dump Skid Steer $0.00 $0.00 $0.00 Page 1/2 DAILY FORCE ACCOUNT/BACKCHARGE/EXTRA WORK REPORT 20105 308 Excavator 335 Excavator Work Truck Side Dump Job Name/Location: Front Street 8/1/2020 U of M Cost / Rate % U of M Cost / Rate Units U of M Cost / Rate Total U of M Cost / Rate Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 15 % 5 % 3 % $2,435.08 $70.92 Subtotal **Gross Receipts Tax is included if applicable in your State. $2,364.16 Add Markup - Material Add Markup - Subcontractor Safety Equip. & Supplies Small Tools Fuel Storage Phone Service Dumpster Units Itemize Completely Page 2/2 DAILY FORCE ACCOUNT/BACKCHARGE/EXTRA WORK REPORT $0.00 Total Materials / Expenses $0.00 MATERIALS USED / EXPENSES - WITHOUT MARKUP Units Soil Testing Concrete Testing Traffic Control Itemize Completely Sanitary Facillities Per Diem - Salary Per Diem - Hourly Safety Training Sales Tax if Applicable Subtotal Prior to Sales Tax Itemize Completely Surveying Outside Transport Units Itemize Completely Units Total $0.00 $0.00 Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Job No. Date: 40 Hr Week 45 Hr Week 50 Hr Week 55 Hr Week 60 Hr Week Hours Rate Hours 3 $60.40 $181.20 $0.00 3 $50.90 $152.70 $0.00 3 $58.10 $174.30 $0.00 3 $58.10 $174.30 $0.00 $0.00 $0.00 3 $58.10 $174.30 $0.00 3 $76.40 $229.20 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,086.00 $0.00 $1,086.00 Hrs Wkd Cost / Rate Total Hrs Wkd Cost / Rate Total 1.0 $128.91 $128.91 1.0 $166.81 $166.81 3.0 $30.33 $90.99 $0.00 3.0 $73.41 $220.23 3.0 $50.00 $150.00 3.0 $30.33 $90.99 2.0 $52.41 $104.82 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $952.75 % $0.00 % $952.75 Page 1/2 DAILY FORCE ACCOUNT/BACKCHARGE/EXTRA WORK REPORT 20105 Job Name/Location: Front Street Describe Work Perfomed: Hit unmarked 6" service not on plans. Had to patch it back together until parts arive and then we will install it to our main line outside of MH 17. The information contained here-in shall represent the work performed on the date noted. COP Construction LLC reserves the 9/25/2020 EQUAL OPPORTUNITY EMPLOYER right to include overlooked expenses before final invoice. Labor rates based on composite week hours as marked: LABOR USED - MARKUP INCLUDED Name Classification Straight or Blended Total St. Time Overtime Total Overtime TOTAL Rate U of M Cost / Rate LS $406.50 ton $10.00 % U of M Cost / Rate Units U of M Cost / Rate Total U of M Cost / Rate Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 15 % 5 % 3 % $2,605.10 Page 2/2 Parts 1.0 $406.50 $0.00 DAILY FORCE ACCOUNT/BACKCHARGE/EXTRA WORK REPORT MATERIALS USED / EXPENSES - WITHOUT MARKUP Itemize Completely Units Total $0.00 $0.00 $0.00 3/4 Gravel 2.0 $20.00 $0.00 $0.00 $0.00 $0.00 Total Materials / Expenses $426.50 SUBCONTRACTORS - WITHOUT MARKUP Itemize Completely Units Total $0.00 Subtotal Prior to Sales Tax $426.50 Sales Tax if Applicable $0.00 Soil Testing $0.00 Concrete Testing $0.00 Traffic Control $0.00 Consultants $0.00 $0.00 $0.00 Surveying $0.00 Outside Transport $0.00 $0.00 Total Subcontractors $0.00 GENERAL CONDITIONS (Markup Included When Contract Allows) $0.00 Itemize Completely Itemize Completely Units Per Diem - Salary Small Tools Employment Expenses Dumpster Units Per Diem - Hourly Fuel Storage $0.00 Office Rent $0.00 $0.00 Safety Equip. & Supplies $0.00 Job No. Date: 40 Hr Week 45 Hr Week 50 Hr Week 55 Hr Week 60 Hr Week Hours Rate Hours 10 $60.40 $604.00 $0.00 10 $50.90 $509.00 $0.00 10 $58.10 $581.00 $0.00 10 $58.10 $581.00 $0.00 10 $56.10 $561.00 $0.00 10 $58.10 $581.00 $0.00 10 $76.40 $764.00 $0.00 10 $50.90 $509.00 $0.00 2 $56.10 $112.20 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $4,802.20 $0.00 $4,802.20 Hrs Wkd Cost / Rate Total Hrs Wkd Cost / Rate Total 10.0 $128.91 $1,289.10 10.0 $166.81 $1,668.10 10.0 $30.33 $303.30 7.0 $63.59 $445.13 10.0 $73.41 $734.10 10.0 $30.33 $303.30 10.0 $43.14 $431.40 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $5,174.43 % $0.00 % $5,174.43 Sales Tax if Applicable $0.00 $0.00 $5,174.43 Subtotal Prior to Sales Tax 9/29/2020 EQUAL OPPORTUNITY EMPLOYER Page 1/2 DAILY FORCE ACCOUNT/BACKCHARGE/EXTRA WORK REPORT 20105 Job Name/Location: Front Street Describe Work Perfomed: Wetland sod and seeding restoration. The information contained here-in shall represent the work performed on the date noted. COP Construction LLC reserves the right to include overlooked expenses before final invoice. Labor rates based on composite week hours as marked: LABOR USED - MARKUP INCLUDED TOTAL Rate Carson W Foreman $604.00 Name Classification Straight or Blended Total U of M Cost / Rate Ea $1,095.00 % U of M Cost / Rate Units U of M Cost / Rate Total U of M Cost / Rate Total 3 Day $100.00 $300.00 3 Day $700.00 $2,100.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $2,400.00 15 % 5 % 3 % $14,044.96 Add Markup - Subcontractor $13,635.88 $409.08 Subtotal **Gross Receipts Tax is included if applicable in your State. $13,471.63 Add Markup - Material Itemize Completely Outside Transport Soil Testing Safety Equip. & Supplies $1,095.00 $0.00 1.0 $0.00 $0.00 GENERAL CONDITIONS (Markup Included When Contract Allows) $0.00 $0.00 Total Subcontractors Fabric Per Diem - Salary Per Diem - Hourly Safety Training Employment Expenses MATERIALS USED / EXPENSES - WITHOUT MARKUP Itemize Completely $0.00 Page 2/2 DAILY FORCE ACCOUNT/BACKCHARGE/EXTRA WORK REPORT Total $0.00 Units Concrete Testing Total Materials / Expenses $1,095.00 $0.00 Total $0.00 Units Surveying $0.00 Job No. Date: 40 Hr Week 45 Hr Week 50 Hr Week 55 Hr Week 60 Hr Week Hours Rate Hours 5 $76.40 $382.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $382.00 $0.00 $382.00 Hrs Wkd Cost / Rate Total Hrs Wkd Cost / Rate Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 % $0.00 % $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Subtotal Prior to Sales Tax Subtotal Prior to Sales Tax $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 U of M Cost / Rate % U of M Cost / Rate HR $550.00 WK $420.00 Units U of M Cost / Rate Total U of M Cost / Rate Total 3 Day $100.00 $300.00 3 Day $700.00 $2,100.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $2,400.00 15 % 5 % 3 % $17,000.67 $0.00 $0.00 $0.00 Equipment Signature of Project Representative Signature of COP Construction Representative Grand Total Materials Subcontractor General Conditions Construction Time Affected : Yes No Notes on Contract Time: Total General Conditions $2,400.00 SUMMARY Labor $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Subtotal General Conditions Subtotal General Conditions $0.00 Bonus (if applies) Office Rent Site Security Itemize Completely Small Tools Fuel Storage Sanitary Facillities Dumpster Units GENERAL CONDITIONS (Markup Included When Contract Allows) $0.00 $0.00 $0.00 $0.00 $13,070.00 $0.00 $0.00 Job No. Date: 40 Hr Week 45 Hr Week 50 Hr Week 55 Hr Week 60 Hr Week Hours Rate Hours 2 $60.40 $120.80 $0.00 2 $50.90 $101.80 $0.00 2 $58.10 $116.20 $0.00 2 $58.10 $116.20 $0.00 $0.00 $0.00 2 $58.10 $116.20 $0.00 2 $76.40 $152.80 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $724.00 $0.00 $724.00 Hrs Wkd Cost / Rate Total Hrs Wkd Cost / Rate Total 2.0 $128.91 $257.82 2.0 $166.81 $333.62 2.0 $30.33 $60.66 $0.00 2.0 $73.41 $146.82 2.0 $50.00 $100.00 2.0 $30.33 $60.66 2.0 $15.00 $30.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $989.58 % $0.00 % $989.58 Page 1/2 DAILY FORCE ACCOUNT/BACKCHARGE/EXTRA WORK REPORT 20105 Job Name/Location: Front Street Describe Work Perfomed: Hit unmarked AC line not on prints full of water, explored on pipe after 2 hours of draining and came to the conclusion that the pipe had been abandoned. The information contained here-in shall represent the work performed on the date noted. COP Construction LLC reserves the 10/5/2020 EQUAL OPPORTUNITY EMPLOYER right to include overlooked expenses before final invoice. Labor rates based on composite week hours as marked: LABOR USED - MARKUP INCLUDED Name Classification Straight or Blended Total St. Time Overtime Total Overtime TOTAL Rate U of M Cost / Rate % U of M Cost / Rate Units U of M Cost / Rate Total U of M Cost / Rate Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 15 % 5 % 3 % $1,764.99 Page 2/2 $0.00 $0.00 DAILY FORCE ACCOUNT/BACKCHARGE/EXTRA WORK REPORT MATERIALS USED / EXPENSES - WITHOUT MARKUP Itemize Completely Units Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Materials / Expenses $0.00 SUBCONTRACTORS - WITHOUT MARKUP Itemize Completely Units Total $0.00 Subtotal Prior to Sales Tax $0.00 Sales Tax if Applicable $0.00 Soil Testing $0.00 Concrete Testing $0.00 Traffic Control $0.00 Consultants $0.00 $0.00 $0.00 Surveying $0.00 Outside Transport $0.00 $0.00 Total Subcontractors $0.00 GENERAL CONDITIONS (Markup Included When Contract Allows) $0.00 Itemize Completely Itemize Completely Units Per Diem - Salary Small Tools Employment Expenses Dumpster Units Per Diem - Hourly Fuel Storage $0.00 Office Rent $0.00 $0.00 Safety Equip. & Supplies $0.00 $0.00 Safety Training Sanitary Facillities Job No. Date: 40 Hr Week 45 Hr Week 50 Hr Week 55 Hr Week 60 Hr Week Hours Rate Hours $0.00 $0.00 5 $50.90 $254.50 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 5 $76.40 $382.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $636.50 $0.00 $636.50 Hrs Wkd Cost / Rate Total Hrs Wkd Cost / Rate Total 5.0 $15.00 $75.00 5.0 $30.33 $151.65 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $226.65 % $0.00 % $226.65 Page 1/2 DAILY FORCE ACCOUNT/BACKCHARGE/EXTRA WORK REPORT 20105 Job Name/Location: Front Street Describe Work Perfomed: Weld 4" Rail in the bottom of casing to guide the custom casing spacers manhole design. The information contained here-in shall represent the work performed on the date noted. COP Construction LLC reserves the 10/16/2020 EQUAL OPPORTUNITY EMPLOYER right to include overlooked expenses before final invoice. Labor rates based on composite week hours as marked: LABOR USED - MARKUP INCLUDED Name Classification Straight or Blended Total St. Time Overtime Total Overtime TOTAL Rate U of M Cost / Rate ls $164.24 % U of M Cost / Rate LS $955.66 Units U of M Cost / Rate Total U of M Cost / Rate Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 15 % 5 % 3 % $2,117.13 Page 2/2 Welding Rod 1.0 $164.24 $0.00 DAILY FORCE ACCOUNT/BACKCHARGE/EXTRA WORK REPORT MATERIALS USED / EXPENSES - WITHOUT MARKUP Itemize Completely Units Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Materials / Expenses $164.24 SUBCONTRACTORS - WITHOUT MARKUP Itemize Completely Units Total $0.00 Subtotal Prior to Sales Tax $164.24 Sales Tax if Applicable $0.00 $0.00 $0.00 Coleman 1.0 $955.66 $0.00 $0.00 $0.00 $0.00 $0.00 Itemize Completely Itemize Completely Units Per Diem - Salary Small Tools $0.00 Total Subcontractors $955.66 GENERAL CONDITIONS (Markup Included When Contract Allows) Employment Expenses Dumpster Units $0.00 Safety Equip. & Supplies $0.00 $0.00 Per Diem - Hourly Fuel Storage $0.00 Safety Training Sanitary Facillities $0.00 Office Rent $0.00 Site Security $0.00 October 22, 2020 Cordell Pool Stahly Engineering & Associates 851 Bridger Drive STE. 1 Bozeman, MT 59715 RE: Front Street Additional Work Front Street Interceptor Sanitary Sewer Main Replacement COP Project No. 20105 Dear Mr. Pool, We have all the casing spacers as of 10/19/20 and have installed them to complete the bore. Due to the concrete, which was in the bore path, the bore alignment was greatly impacted causing custom casing spacers to be needed. With the custom spacers being required it delayed the time which it took to procure chalks due to engineering and production. The bore was completed on 10-2-20 and measurements were made for the spacers. With engineering and production for the spacers taking two weeks the spacers delayed the project 17 days with delivery. However, standard delivery for chalks is usually planned for 7 days. So, the true delay on the project is 10 days. COP is requesting the difference in the price of the chalks, guide bar installation per manufacture, additional shipping and 10 additional contract days. Below are the relating costs to the additional cost which COP is requesting. Welding Guide Rail- $2,117.13 Chalk Price Difference- $3,951.15 Additional Shipping- $4646.77 Total Cost- $10,715.05 Please find attached all supporting documentation for the costs and let me know if you have any further questions or concerns. Sincerely, Eric Smith Project Manager 79 3 Cordell, After reviewing the additional work it will add 4 sewer service reconnects, manhole removal, manhole plugging and abandonment of existing pipe. I believe that we can cover the abandoning of main under the flowable fill cost. However the additional prices for the work are below assuming the alignment is outside of our dewatering wells. Sewer Service Reconnect- $ 2000.00 ea Manhole Removal/ Disposal- $500.00 ea Manhole Plugging - $300.00 Please let me know how you would like to proceed. Thanks, Eric Smith Project Manager COP Construction LLC 242 S. 64th St. West Billings, MT 59106 P: 406.656.4632 | C: 406.850.8274 esmith@copconstruction.com www.copconstruction.com Commitment - Opportunity – People CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. From: Cordell Pool <cpool@seaeng.com> Sent: Wednesday, August 12, 2020 1:20 PM To: Eric Smith <esmith@copconstruction.com> Cc: Maxim shchemelinin <mshchemelinin@seaeng.com> Subject: Front Street Sewer MH 6 area modifications. Eric: Based on the water main locates near MH 6, the location of MH 6 need to be moved about 5’ to the existing sewer crossing. MH 7 will remain in its planned location. This will require abandonment of the existing sewer main and reconnection of the existing services to the new 24” sewer main with inserta-tees. Based on locates we assume that there are 4 services on this line, but the City is checking on this now. There will be additional flowable fill quantities for the abandonment of the existing sewer main and manhole. Please let me know if there are any other additional costs for this change. If there are, the City will need to approve them prior to conducting the work. 80 Memorandum REPORT TO: City Commission FROM: Tom Rogers, AICP, Senior Planner Martin Matsen, AICP, Director of Community Development SUBJECT: Resolution 5240, Adoption of the Bridger Veterinary Specialty Hospital Annexation to Annex Approximately 2.0099 Acres Southeast of the Intersection of Campbell and Reeves Roads, Application 20-184 MEETING DATE: January 5, 2021 AGENDA ITEM TYPE: Resolution RECOMMENDATION: Adoption of Resolution 5240, the Bridger Veterinary Specialty Hospital Annexation to Annex 2.0099 acres Southeast of the intersection of Campbell and Reeves Roads, Application 20-184. The property consists of one parcel of land and adjacent right of way. STRATEGIC PLAN: 4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND: The applicant submitted application 20184 to annex into the City and to apply a zoning classification of B-2, Community Business District, to the subject property. City staff and the Zoning Commission recommended approval of the application. On November 10, 2020, the City Commission held a public hearing and voted 4:1 to annex the subject property, subject to terms of annexation. All contingencies have been met by the applicant, including an approved annexation agreement, map, and legal description. UNRESOLVED ISSUES: None ALTERNATIVES: Adoption of Resolution 5240 as presented and recommended. Determine that the prior decision to zone was in error and do not adopt the ordinance. FISCAL EFFECTS: None Attachments: Resolution 5240 Bridger Vet Annexation No 20184.docx Annex Agreement signed.pdf Annex Map Signed.pdf 81 Report compiled on: December 23, 2020 82 Resolution of Annexation 5240 Bridger Veterinary Specialty Hospital Annexation Page 1 of 3 RESOLUTION NO. 5240 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE ANNEXATION OF CERTAIN CONTIGUOUS TRACTS OF LAND, HEREINAFTER DESCRIBED, TO THE CORPORATE LIMITS OF THE CITY OF BOZEMAN AND THE EXTENSION OF THE BOUNDARIES OF THE CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT, BRIDGER SPECIALTY HOSPITAL ANNEXATION, APPLICATION 20184. WHEREAS, the City of Bozeman received a petition for annexation from Bridger Veterinary Facility, LLC, current landowners of record, requesting the City Commission to extend the boundaries of the City of Bozeman so as to include an area of land containing approximately 2.0099 acres; and WHEREAS, the current landowner of record of real property consisting of one parcel of land described in Section 1, requested the City Commission to extend the boundaries of the City of Bozeman; and WHEREAS, an annexation staff report was prepared in accordance with the Commission's goals and policies for annexation and was presented to the Commission on November 10, 2020; and WHEREAS, a public meeting on said annexation petition was duly noticed and held on November 10, 2020; and WHEREAS, the City did not receive any written protest from the real property owners of the area to be annexed; and WHEREAS, on November 10, 2020, the Commission approved the annexation subject to an annexation agreement which was signed and returned to the City; and 83 Resolution of Annexation 5240 Bridger Veterinary Specialty Hospital Annexation Page 2 of 3 WHEREAS, the provision of available services, including, but not limited to, streets, rights-of-way, easements, water rights or cash-in-lieu, waivers of protest against creation of SIDs, and water and sewer hookup fees, to said contiguous tracts is the subject of a written agreement between the City and the Landowner; and WHEREAS, the Bozeman City Commission hereby finds that the annexation of this contiguous tract is in the best interests of the City of Bozeman and the inhabitants/owners thereof. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that: Section 1 That it is hereby declared that, pursuant to Title 7, Chapter 2, Part 46, M.C.A., the following- described property, which is contiguous to the municipal boundaries of the City of Bozeman, be annexed to the City of Bozeman and that the boundaries of said City shall be extended so as to embrace and include 2.0099 acres, to wit: Legal Description The property is described as: Lot 3, Block 5, Walker Property Subdivision P.U.D. [Plat J-164], according to the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, and located in the Southeast Quarter of Section 26 and the Southwest Quarter of Section 25, Township 1 South, Range 5 East of P.M.M., Gallatin County, Montana. Also, that part of the adjacent right of way of Campbell Road lying southeasterly from the centerline, and that part of the adjacent right of way of Reeves Road East lying southwesterly from the northeasterly right of way line. Said property is all described as follows: Beginning at the most southerly corner of Lot 3, Block 5, said Walker Property Subdivision P.U.D.; thence northwesterly 307°41'09”, assumed azimuth from north, 192.30 feet along the southwesterly line of said Lot 3; thence continuing northwesterly 307°41'09” azimuth, 30.00 feet to the centerline of the right of way of Campbell Road; thence northeasterly 350.37 feet on a nontangential curve concave to the northwest, radius 1714.28 feet, central angle 11°42'37", and having a chord length of 349.76 and a 84 Resolution of Annexation 5240 Bridger Veterinary Specialty Hospital Annexation Page 3 of 3 chord azimuth of 031°49'50" along said centerline; thence northeasterly 025°58'32" azimuth, 141.87 feet tangent to said curve along said centerline to the northwesterly extension of the southwesterly line of Lot 1A, Minor Subdivision No. 147A; thence southeasterly 119°31'18" azimuth, 63.08 feet along said extension and along the southwesterly line of said Lot 1A; thence southeasterly 136°11'20" azimuth 235.79 feet along said southwesterly line; thence southwesterly 226°11'20" azimuth 60.00 feet to the most easterly corner of said Lot 3; thence southwesterly 217°41'09" azimuth 401.61 feet along the southeasterly line of said Lot 3 to the point of beginning. Area = 87,551 square feet or 2.0099 Acres. Subject to existing easements. All as depicted on the BRIDGER VETERINARY SPECIALTY HOSPITAL Annexation Map. Section 2 The effective date of this annexation is January 5, 2021. PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 5 th day of January, 2021. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 85 Inter-office Orieinal to: CityofBozeman City Clerk PO Box 1230 Bozeman, MT 549771-1230 BRIDGER VETERINARY SPECIALTY HOSPITAL ANNEXATION AGREEMENT THIS AGREEMENT made and entered into this [(^ day of i^tte-J^r 202 & , by and between the CITY OF BOZEMAN, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana with offices at 121 N. Rouse Avenue, Bozeman, Montana 59771-0640, hereinafter referred to as "City", and Bridger Veterinary Facility, LLC, 859 Fort Ellis Road, Bozeman MT 59715, hereinafter referred to as "Landowner". WITNESSETH: WHEREAS, Landowner is owner in fee of a tract of certain real property, hereinafter referred to as the BRIDGER VETERINARY SPECIALTY HOSPITAL ANNEXATION situated in Gallatin County, Montana, and more particularly described as follows: An area of land comprised described as follows: Lot 3, Block 5, Walker Property Subdivision P.U.D. [Plat J-164], according to the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, and located in the Southeast Quarter of Section 26 and the Southwest Quarter of Section 25, Bridger Veterinary Specialty Hospital Annexation Agreement 1 86 Township 1 South, Range 5 East ofP.M.M., Gallatin County, Montana. Also, that part of the adjacent right of way ofCampbell Road lying southeasterly from the centerline, and that part of the adjacent right of way of Reeves Road East lying southwesterly from the northeasterly right of way line. Said property is all described as follows: and Beginning at the most southerly comer of Lot 3, Block 5, said Walker Property Subdivision P.U.D.; thence northwesterly 307°41'09", assumed azimuth from north, 192.30 feet along the southwesterly line of said Lot 3; thence continuing northwesterly 307°41'09" azimuth, 30.00 feet to the centerline of the right of way ofCampbell Road; thence northeasterly 350.37 feet on a nontangential curve concave to the northwest, radius 1714.28 feet, central angle 11°42'37", and having a chord length of 349.76 and a chord azimuth of 031°49'50" along said centerline; thence northeasterly 025°58'32" azimuth, 141.87 feet tangent to said curve along said centerline to the northwesterly extension of the southwesterly line of Lot 1A, Minor Subdivision No. 147A; thence southeasterly 119°31'18" azimuth, 63.08 feet along said extension and along the southwesterly line of said Lot 1A; thence southeasterly 136°11'20" azimuth 235.79 feet along said southwesterly line; thence southwesterly 226°11'20" azimuth 60.00 feet to the most easterly corner of said Lot 3; thence southwesterly 217°41'09" azimuth 401.61 feet along the southeasterly line of said Lot 3 to the point of beginning. All as depicted on the Bridger Veterinary Specialty Hospital Annexation Map. WHEREAS, the Landowner petitioned the City for annexation to the City of said tract of land; WHEREAS, the BRIDGER VETERINARY SPECIALTY HOSPITAL ANNEXATION is not within the corporate limits of the City or other municipality and may therefore be annexed to the City in accordance with the provisions of this Agreement and Title 7, Chapter 2, Part 46, Mont. Code Ann.; and WHEREAS, all parties recognize the annexation of the BRIDGER VETERINARY SPECIALTY HOSPITAL ANNEXATION pursuant to Section 7-2-4601, et seq, Mont. Code Ann. will Bridger Veterinary Specialty Hospital Annexation Agreement 2 87 allow the BRIDGER VETERINARY SPECIALTY HOSPITAL ANNEXATION to connect to and utilize City services, including municipal water and sewer service, parks and recreation, fire and police services, and the City's transportation system; and WHEREAS, Section 7-2-4610, Mont. Code Ann. provides that a municipality and landowner can agree to the provisions of services to the area to be annexed; and WHEREAS, the parties recognize additional development on the BRIDGER VETERINARY SPECIALTY HOSPITAL ANNEXATION will impact area parks, recreation, transportation, police, and fire services, and that future improvements may require additional public infrastructure street improvements including transportation for traffic circulation and the provisions of parks, recreation, police, and fire services; and WHEREAS, the Landowner finds this Agreement will provide for the most satisfactory and dependable water supply and sewer supply or service, and provide transportation, parks, recreation, police and fire service for development of the BRIDGER VETERINARY SPECIALTY HOSPITAL ANNEXATION; and WHEREAS, the parties have detennined that it is in the best interests of the City and Landowner, and in furtherance of the public health, safety and welfare of the community to enter into and implement this Agreement. WITNESSETH: FN CONSIDERATION of the mutual covenants and agreements herein contained, the parties hereto agree as follows: 1. Recitals The above recitals are true and correct. 2. Annexation Bridger Veterinary Specialty Hospital Annexation Agreement 3 88 The Landowner filed an application for annexation of the BRIDGER VETERINARY SPECIALTY HOSPITAL ANNEXATION with the City on June 17, 2020. By execution of this Agreement, the City manifests its intent to annex the BRIDGER VETERINARY SPECIALTY HOSPITAL ANNEXATION tract pursuant to the terms and conditions of this Agreement. Subject to the provisions of Title 7, Chapter 2, Part 46, Mont. Code Ann. the City shall, upon execution of this Agreement, adopt a Resolution of Annexation of the BRIDGER VETERINARY SPECIALTY HOSPITAL ANNEXATION. Further, upon the execution of this Agreement, the Landowner shall do all things required by this Agreement and all things necessary and proper to aid and assist the City in carrying out the terms, conditions and provisions of this Agreement and to effect the annexation of the BRIDGER VETERINARY SPECIALTY HOSPITAL ANNEXATION. 3. Services Provided The City will, upon annexation, make available to the BRIDGER VETERINARY SPECIALTY HOSPITAL ANNEXATION existing City services only to the extent currently available, or as provided in this Agreement. 4. Municipal Water Service Defined The term "municipal water service" as is used in this agreement shall be the service which is supplied by the City in accordance with Chapter 40, Article 2, Bozeman Municipal Code, as amended, as well as any other terms and conditions which apply to the City's provision of municipal water service but does not include the extension of lines or construction of necessary improvements at any cost to the City for delivery of water to and within the BRIDGER VETERINARY SPECIALTY HOSPITAL ANNEXATION. Nothing in this Agreement shall obligate the City to pay for right-of-way acquisition, engineering, construction, and other costs for the delivery of water to or within the BRIDGER Bridger Veterinary Specialty Hospital Annexation Agreement 4 89 VETERINARY SPECIALTY HOSPITAL ANNEXATION to include, but not limited to, any impact fees, hook-up, connection, or development charges which have been or may be established by the City. 5. Municipal Sewer Service Defined The term "municipal sewer service" as is used in this Agreement shall be the service which is supplied by the City in accordance with Chapter 40, Article 3, Bozeman Municipal Code, as amended, as well as any other terms and conditions which apply to the City's provision of this service but does not include the extension of lines or construction of necessary improvements at any cost to the City for collection of sewage at and within the BRIDGER VETERINARY SPECIALTY HOSPITAL ANNEXATION. Nothing in this Agreement shall obligate the City to pay for right-of-way acquisition, engineering, construction, and other costs for the collection of sewage services to or within the BRIDGER VETERINARY SPECIALTY HOSPITAL ANNEXATION to include, but not limited to, any impact fees, hookup, connection, or development charges which may be established by the City. 6. Water Rishts The Landowner specifically recognizes and agrees the Landowner must provide water rights or cash in-lieu of water rights upon further development or subdivision of the property in accordance with Section 38.410.130, Bozeman Municipal Code. The City will calculate the amount of water rights or cash-in-lieu thereof due at the time of further development or subdivision of the property based on the annual demand for volume of water the development will require multiplied by the most current annual unit price in effect on the date the water rights are transferred or payment-in-lieu of water rights is to be made to the City. As such, the Landowner acknowledges that the rates for cash in-lieu of water rights may increase over time as established by Resolution of the City Commission. The applicant must perfonn a water rights search to determine if any exist for this property. The Landowner must transfer any water rights that exist for this property to the City ofBozeman prior to development. If insufficient Bridger Veterinary Specialty Hospital Annexation Agreement 5 90 water rights exist, the Landowner must pay cash in lieu of water rights, in an amount determined by the Director of Public Service, prior to development. 7. Comprehensive Water and Water Design Report Prior to future development of the property the City may require the Landowner to have prepared by a Professional Engineer, at Landowner's sole expense, a comprehensive design report evaluating existing capacity of sewer and water utilities in the area. The report must include hydraulic evaluations of each utility for both existing and post-development demands, and the report findings must demonstrate adequate capacity to serve the full development of the land. If adequate infrastructure capacity is not available for the proposed development, the report must identify necessary water or wastewater system improvements necessary for the proposed development. If improvements to this water or wastewater system are necessary, the Landowner agrees prior to development of the BRIDGER VETERINARY SPECIALTY HOSPITAL ANNEXATION to complete, at Landowner's expense, the necessary system improvements to serve the proposed development. 8. Future Development Limitations The Landowner shall be responsible for installing all facilities required to provide full municipal services to the property in accordance with the City's Infrastructure Master Plans and all City regulations, policies and guidelines that may be in effect at the time of any future development. Thus, Landowner understands and agrees Landowner has no right, either granted or implied, for it to further develop any of the BRIDGER VETERINARY SPECIALTY HOSPITAL ANNEXATION until it is verified by the City that the necessary municipal services, including but not limited to police and fire protection, parks and recreation, transportation, and sewer and water capacity, are available to all or a portion of the BRIDGER VETERINARY SPECIALTY HOSPITAL ANNEXATION. Notice is thus provided to the Landowner that prior to additional development of the property, the Landowner will be solely Bridger Veterinary Specialty Hospital Annexation Agreement 6 91 responsible for installing, at Landowner's sole expense, any facilities or infrastructure required to provide full municipal services to the BRIDGER VETERINARY SPECIALTY HOSPITAL ANNEXATION in accordance with the City's infrastructure plans, adopted Growth Policies/Community Plans, and all other city regulations, policies and guidelines that may be in effect at the time of development. 9. Stormwater Master Plan Landowner understands and agrees a Stormwater Master Plan for the BRIDGER VETERENARY SPECIALTY HOSPITAL ANNEXATION for a system designed to remove solids, oils, grease, and other pollutants from the runoff from public streets and other impermeable surfaces may be required to be provided to and approved by the City Engineer at the time of any future development. The plan must demonstrate that adequate treatment of runoff from public streets, other impermeable surfaces, and all future lots will be achieved by providing spot elevations, flow direction arrows, detention and/or retention basin details (including basin sizing calculations and basin typical sections), outlet structure details, and culvert capacity calculations. The plan must also locate and provide easements for adequate drainage ways within the BRIDGER VETERINARY SPECIALTY HOSPITAL ANNEXATION to transport treated runoff to the stormwater receiving channel. The plan shall include site grading and elevation information, typical stormwater detention/retention basin and discharge structure details, basin sizing calculations, and stormwater maintenance plan. Landowner recognizes the City may require such Stormwater Master Plan to be implemented in all or part as a condition of approval of development of the BRIDGER VETERINARY SPECIALTY HOSPITAL ANNEXATION. 10. Waiver of Risht-to-Protest Special Districts A. Landowner shall execute a Waiver of Right-to-Protest Creation of Special Districts or Special Improvement Districts for street and transportation improvements including design and Bridger Veterinary Specialty Hospital Annexation Agreement 7 92 engineering, paving and subsurface improvements, curb and gutter, sidewalk and stormwater drainage facilities, and fiber optic conduit for CAMPBELL ROAD AND REEVES ROAD as identified by the DRC. The Landowner agrees such SID will provide a mechanism for the fair and equitable assessment of construction and maintenance costs for such improvements. The waiver is attached hereto as Exhibit "B" and is hereby incorporated in and made a part of this Agreement. B. Landowner agrees that in the event a special district or an SID is not utilized for the completion of these improvements as described in subsection A above, the Landowner shall participate in an alternative financing method for the completion of said improvements on a fair share, proportionate basis as determined by the City on the basis of the square footage of property, taxable valuation of the property, traffic contribution from the development or a combination thereof. 11. Payback Districts The BRIDGER VETERINARY SPECIALTY HOSPITAL ANNEXATION is within an infrastructure payback districts. Landowner agrees to pay the following paybacks at the time of application for annexation. a. Bozeman Solvent Site Payback District amount $7,179.18 (Seven Thousand One Hundred Seventy Nine and Eighteen Cents). Rate $0.082 per square foot of property with 87,551 square foot lot. 12. Public Street and Utility Easement The Landowner understands and agrees that a public street and utility easement must be provided for a width of 10 feet from north to south along Campbell Road and east to west along Reeves Roads per 38.410.060.B of the municipal code. DRC. The Landowner, at its sole expense, has created such an easement in a location and form agreeable to the City and the easement will be filed at the Gallatin County Clerk and Recorder's Office. Bridger Veterinary Specialty Hospital Annexation Agreement 8 93 13. Street Improvements The Landowner understands and agrees that Campbell and Reeves Roads are not constructed to City Standards. Campbell and Reeves Roads were permitted through a Planned Unit Development (Walker Properties PUD). Road improvements are not required with annexation. Related transportation infrastructure fronting the BRIDGER VETERINARY SPECIALTY HOSPITAL ANNEXATION property must be improved to a City standard at Landowner's expense with subsequent development. Improving streets is encouraged and if improved to City Standards the City would assume maintenance responsibility. Waivers to transportation infrastmcture improvements accompany this agreement, see part 10 of this agreement. 14. Impact Fees Landowner acknowledges that annexation and development of their property will impact the City's existing street, water and sewer infrastructure, and the City's fire service. As approved by the City, the Landowner and its successors must pay: A) Fire impact fees equal to the amount per Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at time of issuance of a building permit. B) Transportation impact fees equal to the amount per Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at time of issuance of a building permit. C) Water impact fees as required by Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at the time of connection to city water services. D) Sewer impact fees as required by Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at the time of connection to city sewer services. The amount of impact fee the Landowner or its successors pay for connection to the city's water and sewer services, if any, shall be calculated based on the provisions of the Bozeman Municipal Code, as amended, in effect at the time of application for a permit to connect. The amount of street or fire impact fees to be paid, if any, shall be calculated based on the provisions of the Bozeman Municipal Code, as amended, in effect at the time an application for building permit is submitted. Bridger Veterinary Specialty Hospital Annexation Agreement 9 94 Landowner further understands and agrees that any improvements, either on-site or off-site, necessary to provide connection of the BRIDGER VETERINARY SPECIALTY HOSPITAL ANNEXATION municipal services and which are wholly attributable to the property as determined exclusively by the city are considered "project related improvements" as defined in Chapter 2, Article 6, Division 9, Bozeman Municipal Code, as amended, and as such, are not eligible for impact fee credits. If Landowner defaults on this condition at the time such is to be performed, and should default not be remedied or corrected within thirty (30) days after written notice by City to the Landowner and Landowner/Developer of such default, City may at its option: A) Declare the amounts owing for impact fees immediately due and payable and City shall have the right and privilege to take legal action against Landowners for the collection of such sum, including the entry of any judgment. In addition, the City may, at its option, enforce payment of such amount by levying an assessment on the property. B) Elect any other remedy available to City under the laws of the State of Montana. 15. Assessments Landowner understands and agrees that after this Agreement is recorded the BRIDGER VETERINARY SPECIALTY HOSPITAL ANNEXATION will be subject to City assessments for arterial and collector streets, street maintenance, and tree maintenance on the same basis as all other properties in the City. 16. Additional Terms The parties recognize these documents must be filed and of record with the Gallatin County Clerk and Recorder prior to the sale of any land within the BRIDGER VETERINARY SPECIALTY HOSPITAL ANNEXATION. The parties further agree that the City may file these documents at any time. 17. Governing Law and Venue Bridger Veterinary Specialty Hospital Annexation Agreement 10 95 This agreement shall be construed under and governed by the laws of the state of Montana. In the event of litigation, venue is in the Eighteenth Judicial District Court, in and for County ofGallatin, State of Montana. 18. Attorney's Fees In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement, then the prevailing party shall be entitled to reasonable attorney's fees and costs, to include the salary and costs ofin-house counsel including City Attorney. 19. Waiver No waiver by either party of any breach of any term, covenant or agreement shall be deemed a waiver of the same or any subsequent breach of this same or any other term, covenant or agreement. No covenant, term or agreement shall be deemed waived by either party unless waived in writing. 20. Invalid Provision The invalidity or unenforceability of any provision of this agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. 21. Modifications or Alterations No modifications or amendment of this Agreement shall be valid unless evidenced by a writing signed by the parties hereto. 22. No Assienment It is expressly agreed that the Landowner and/or Landowner/Developer shall not assign this Agreement in whole or in part without prior written consent of the City. 22. Successors Bridger Veterinary Specialty Hospital Annexation Agreement 11 96 This Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties hereto and their respective heirs, successors and assigns and specifically to any subsequent purchaser of the annexed property. 23. Covenants to Run with the Land The parties intend that the terms of this Agreement shall benefit the BRIDGER VETERINARY SPECIALTY HOSPITAL ANNEXATION and shall be covenants running with the land and shall not expire at their deaths or upon transfer of ownership of the property. The undersigned Landowner affirms that they have authority to enter into this Agreement and to bind themselves to this Agreement. Bridger Veterinary Specialty Hospital Annexation Agreement 12 97 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first above written. LANDOWNER STATE OFh{^/^< ) \ y V^tennary Facility, LLC By: 30^ U- =3-r^€A^^>>J Title: ^: ^c^X^^ COUNTY OF ^'^^ On this __[^_ day of /Y (^/I^A>€^ , 202^_ before me, theiindersigned, a Notary Public for the State of ~M /Y^'fT-f^A. , personally appeared '(]^^/y/iA ^^-Si/^\ known to me to be the landowner that executed the within instrument, and acknowledged to me that they executed the same for and on behalf of landowner. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) ^'^i'^N. SUSAN HJALMARSSON Notary Public ^^o'rAR'<l/:^for the State of Montana ;^| _ Residmqat ^•. SEAL ^/ Bozeman, Montana My Commission Expires: '^"OF,'"'"^.,l"^^'y '^' '"J '"Juiy1'^'20Mr ^ (Printed Name Here) Notary Public for the State q Residing at My Commission Exptfes: (Use 4 digits for ^fpiration year) Bridger Veterinary Specialty Hospital Annexation Agreement 13 98 CITY OF BOZEMAN By: JeffMihelich, City Manager ATTEST: City Clerk STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On this day of. ., 202_, before me, a Notary Public for the state of Montana, personally appeared JefflVIihelich and Mike Maas, known to me to the persons described in and who executed the foregoing instrument as City Manager and City Clerk respectively, of the City ofBozeman, whose names are subscribed to the within instrument and acknowledged to me that they executed the same for and on behalf of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) (Printed Name Here) Notary Public for the State of Montana Residing at My Commission Expires:_ (Use 4 digits for expiration year) Bridger Veterinary Specialty Hospital Annexation Agreement 14 99 EXHIBIT "A" WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL DISTRICT OR SPECIAL IMPROVEMENT DISTRICTS BMDGER VETERINARY SPECIALY HOSPITAL ANNEXATION The undersigned owner of the real property situated in the County ofGallatin, State of Montana, and more particularly described as follows: Lot 3, Block 5, Walker Property Subdivision P.U.D. [Plat J-164], according to the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, and located in the Southeast Quarter of Section 26 and the Southwest Quarter of Section 25, Township 1 South, Range 5 East ofP.M.M., Gallatin County, Montana. Also, that part of the adjacent right of way ofCampbell Road lying southeasterly from the centerline, and that part of the adjacent right of way of Reeves Road East lying southwesterly from the northeasterly right of way line. FN CONSIDERATION of receiving approval for annexation of the subject property from the City of Bozeman, along with accompanying rights and privileges and for other and valuable consideration, the receipt of which is hereby acknowledged, and in recognition of the impacts to CAMPBELL ROAD AND REEVES ROAD which will be caused by the development of the above- described property, the owner has waived and does hereby waive for itself, its successors and assigns forever the right to protest the creation of one or more special districts or special improvement districts for the design and engineering, construction and maintenance of following improvements: lighting, paving and subgrade material, fiber optic conduit, curb/gutter, sidewalk, storm drainage facilities for CAMPBELL ROAD AND REEVES ROAD. Landowner agrees the City has the sole right to control the design and construction of such improvements and may include any of the above components and others necessary to ensure such improvements comply with all adopted City infrastructure plans and requirements. Further, the Landowner waives its right or to make any written protest against the size or area or creation of the Bridger Veterinary Specialty Hospital Annexation Agreement 15 100 \ district be assessed in response to a duly passed resolution of intention to create one or more special improvement districts which would include the above-described property. In the event a special district or special improvement district is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by the City on the basis of the square footage of property, taxable valuation of the property, traffic contribution from the development or a combination thereof. This waiver is made for the benefit of the property described herein shall be a covenant running with the land. The terms, covenants and provisions of this waiver shall extend to, and be binding upon the successors-in-interest and assigns of the Landowner. DATED this ^ day of ^i^^r- 202 V. LANDOWNER COUNTY OF' On this ^ridg£r,Veterinary Facility, LLC By: ~^^^- ^/^V-^^; Title: C)../ STATE OF/^n^-^ ) .^4^4S jf_ 4ay of /X ^ /Vt^>0^ , 202^1, be^ire me, the undersigned, a Notary Public for the State of /\f[,^\\^>r-^ , personallyappeared \ 0^\M-^ "p^^C'l^ _, known to me to be the landowner that executed the within instrument,'and acknowledged to me that they executed the same for and on behalf of landowner. Bridger Veterinary Specialty Hospital Annexation Agreement 16 101 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) <JA'LAf>. SUSAN HJALMARSSON Notary Public s'^''-^o"rAR//]^.uolfor the State of Montana 1^"-^Tr •'?! - Residinqat: ."^^ Bozeman, Montana My Commission Expires: """^'^(1'lkllt1,UI>"' July 16, 2023 /W^/^xA- Name Here) Notary Public for the State Residing at My Commissioj>E^pires:_ (Use 4 dig^for expiration year) Bridger Veterinary Specialty Hospital Annexation Agreement 17 102 OWNER: BRIDSER VETERINARY FACIUPr, LLC DEED REF: DOC. NO. 2680459 EXISTING LAND USE: VACANT LAND - RURAL BRIDGER VETERINARY SPECIALTY HOSPITAL ANNEXATION MAP LOCATED IN THE SE 1/4 LEGAL DESCRIPTION Lot 3. Block 5, Walkf Proptrty SubdMtloil P.U.O. [Plot J-16tl accofdhg to »r plat thireof. on fito and of ncord in th» offiw of tha QTk and RwordT, Gallatin County, Montana, and located In th« Southwt Ouartw of SwUon 26 and th« Southwart Quortw of Section 25. To»n«hlp 1 South. Ranf 5 Eo8t of P.M.M.. Gdlatin County, Montane. Wn. that port of th. adjacent right of way of Campbdl Road lying •outhwatfty from th* c<nt«ritr. and that part of tte adjacent right of way of Reew Rood Eaat lying •outhweateriy from the northeaatwly right of way line. Sold propwty to oil descrtxd a« follow: Beginning at the mori southerly comar of Lot 3, Block 5, •aM Walkf Profxrty Subdivtaion P.U.D.; thence northwwtariy 307*41'09". owummi azimuth from north, 192.30 feet along the •outhwwtwly line of aaid Lot 3; thwiM continuing northweBteriy 30r<1'09" azhiuth. 30.00 fwt to th« cwtwlin* of tha right of way of Campb<ll Rood; thenca north«a«t<riy 350.37 fwt on a nontangantiol cum concav to the northw—l, rodkr 17)4.28 fwt, cantrd ong)« 11'42'37", and havtng a chord length of 349.76 and a chord azimuth of 031'4g'50' dong aald centerilne; thenca northeaatariy 025'58'32" azimuth. 141.87 feet tangent to »aM cun» along •old cwtarihr to th« northwtwly •xtwion of th« •outhw—twly IIn« of Lot 1A. Mhor SubdMaIon No. 147A; thence aouthaoateriy 119'31'18" azimuth, 63.06 f—t along •ald extcnalon and along the aouthweateriy line of »aid Lot 1A; thence aoutheastcrly 13611'20" azimuth 235.79 fwt along aahf aouthmstwly line; thenw southwwteriy 226*11'20" azifnuUl 60.00 fccl to the moat wstcriy corner of aa'ri Lot 3; thcncB »outh<nsteriy 2ir41'09" azimuth 401.61 feet dong th* •outhwaterfy IIna of •oki Lot 3 to th« point of beginning. \ ^~'^ \ \ '\ OF SEC. 26 AND SW 1/4 OF SEC. 25, GALLATIN COUNTY, MONTANA T. 1 S., R. 5 E. OF P.M.M., COUNTY RO ZONING LAND USE: CHILD CARE FAC!L!Tr /77' COUNTY AS ZONING LAND USE; AGRICULTURAL ixation iting ixation - 118,100 aquore fwt or 2.7112 Acre* or 10,971.81 Bquan meten. 1ST -%K^ OF"^ CHANDLER No. 9518ES '•SS^S SoicET^ cwVSy that thf anr-XGUon mop g nd legal ww» pr^and undm- my direct •upwvi»ion that 1 am o duly Kwrwwi pnrfa—tonol •nginwr and •umyor undw \h» taw of tha Stat< of Montana. D.^ TH. £7^0> ^<:, , 202a^ ^Q.^ LEGEND (R) RECORD DISTANCE OR AZIMUTH FOUND 5/8 INCH REBAR WFTH 1 1/4 INCH PLASTIC CAP (GASTON) OR AS NOTEO [B DdSTING UG POWER BOX @ EXISTINS TELEPHONE BOX © EXISTING SANITARY SEWEK MANHOLE Memorandum REPORT TO: City Commission FROM: Tom Rogers, AICP, Senior Planner Martin Matsen, AICP, Director of Community Development SUBJECT: Ordinance 2064, Provisional Adoption of Ordinance 2064 to Establish the Bridger Veterinary Specialty Hospital Zone Map Amendment to Designate Approximately 2.0099 acres as B-2, Community Business District, Application 20184 MEETING DATE: January 5, 2021 AGENDA ITEM TYPE: Ordinance RECOMMENDATION: Provisionally adopt Ordinance 2064 to establish the Bridger Veterinary Specialty Hospital Zone Map Amendment to designate approximately 2.0099 acres as B-2, Community Business District. The property consists of one parcel of land and adjacent right of way. STRATEGIC PLAN: 4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND: The applicant submitted application 20184 to annex into the City and to apply a zoning classification of B-2, Community Business District, to the subject property. City staff and the Zoning Commission recommended approval of the application. On November 10, 2020, the City Commission held a public hearing and voted 4:1 to annex the subject property, subject to terms of annexation. All contingencies have been met by the applicant, including an approved annexation agreement, map, and legal description. UNRESOLVED ISSUES: None ALTERNATIVES: Adoption of Ordinance 2064 as presented and recommended. Determine that the prior decision to zone was in error and do not adopt the ordinance. FISCAL EFFECTS: None Attachments: Ordinance 2064 Bridger Vet ZMA No 20184.docx ZMA Map Signed.pdf 104 Report compiled on: December 23, 2020 105 Page 1 of 5 ORDINANCE NO. 2064 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY DESIGNATE 2.0099 ACRES AS B-2, COMMUNITY BUSINESS DISTRICT, BRIDGER VETERINARY SPECIALTY HOSPITAL ZONE MAP AMENDMENT, APPLICATION 20184. WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps if a public hearing is held and official notice is provided; and WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct a public hearing and submit a report to the City Commission for all zoning map amendment requests; and WHEREAS, the City of Bozeman Zoning Commission has been created by Section 2.05.2700, BMC as provided for in Section 76-2-307, M.C.A.; and WHEREAS, Chapter 38, Article 37 of the Bozeman Unified Development Code sets forth the procedures and review criteria for zoning map amendments; and WHEREAS, the proposed zone map amendment application to amend the City of Bozeman Zoning Map to establish a zoning classification of B-2 (Community Business District) for approximately 2.0099 acres has been properly submitted, reviewed, and advertised; and WHEREAS, after proper notice, the Bozeman Zoning Commission held a public hearing on October 26, 2020 to receive and review all written and oral testimony on the request for a zone map amendment; and 106 Ordinance 2018, Bridger Veterinary Specialty Hospital Zone Map Amendment Page 2 of 5 WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City Commission that application No. 20184 the Bridger Veterinary Specialty Hospital Zone Map Amendment, be approved as requested by the applicant; and WHEREAS, after proper notice, the City Commission held its public hearing on November 10, 2020, to receive and review all written and oral testimony on the request for the zone map amendment; and WHEREAS, the City Commission has reviewed and considered the zone map amendment criteria established in Section 76-2-304, M.C.A., and found that the proposed zone map amendment would be in compliance with the criteria. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 That the zoning district designation of the following-described property is hereby designated as B-2, Community Business: An area of land comprised described as follows: Lot 3, Block 5, Walker Property Subdivision P.U.D. [Plat J-164], according to the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, and located in the Southeast Quarter of Section 26 and the Southwest Quarter of Section 25, Township 1 South, Range 5 East of P.M.M., Gallatin County, Montana. Also, that part of the adjacent right of way of Campbell Road lying southeasterly from the centerline, and that part of the adjacent right of way of Reeves Road East lying southwesterly from the northeasterly right of way line. Said property is all described as follows: Beginning at the most southerly corner of Lot 3, Block 5, said Walker Property Subdivision P.U.D.; thence northwesterly 307°41'09”, assumed azimuth from north, 192.30 feet along the southwesterly line of said Lot 3; thence continuing northwesterly 307°41'09” azimuth, 30.00 feet to the centerline of the right of way of Campbell Road; thence northeasterly 350.37 feet on a nontangential curve concave to the northwest, radius 1714.28 feet, central angle 11°42'37", and having a chord length of 349.76 and a chord azimuth of 031°49'50" along said centerline; thence northeasterly 025°58'32" azimuth, 141.87 feet tangent to said curve along said centerline to the northwesterly extension of the southwesterly line of Lot 1A, Minor Subdivision No. 147A; thence 107 Ordinance 2018, Bridger Veterinary Specialty Hospital Zone Map Amendment Page 3 of 5 southeasterly 119°31'18" azimuth, 63.08 feet along said extension and along the southwesterly line of said Lot 1A; thence southeasterly 136°11'20" azimuth 235.79 feet along said southwesterly line; thence southwesterly 226°11'20" azimuth 60.00 feet to the most easterly corner of said Lot 3; thence southwesterly 217°41'09" azimuth 401.61 feet along the southeasterly line of said Lot 3 to the point of beginning. Area = 87,551 square feet or 2.0099 Acres. Subject to existing easements. All as depicted on the BRIDGER VETERINARY SPECIALTY HOSPITAL Zone Map. Section 2 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 3 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 4 Severability. That should any sentence, paragraph, subdivision, clause, phrase, or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal, or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 5 108 Ordinance 2018, Bridger Veterinary Specialty Hospital Zone Map Amendment Page 4 of 5 Codification. This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a disposition list in numerical order with all other ordinances of the City and shall be organized in a category entitled “Zone Map Amendments.” Section 6 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 5 th day of January, 2020. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _________________________________ MIKE MAAS City Clerk 109 Ordinance 2018, Bridger Veterinary Specialty Hospital Zone Map Amendment Page 5 of 5 FINALLY PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the __________ day of____________________, 2020. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 110 OWNER: BRIDGER VETERINARY FACIUTY. LLC DEED"REF:"DOC-NO.~2680459 EXISTING LAND USE: VACANT LAND - RURAL BRDGER VETERINARY SPECIALTY HOSPTTAL ZONE MAP AMENDMENT LOCATED IN THE SE 1/4 OF SEC. 26 AND SW 1/4 OF SEC. 25, T. 1 S., R. 5 E. OF P.M.M., LEGAL DESCRIPTION Lot 3. Block 5. WalkT Property SubdMalon P.U.D. [Plot J-1641 according to th« plat thwnf, on fil» and of ncord hi th* office of lh« aert and R»cordT. Gollatln County, Montano, and located hi the Southea»t Ouartw of SwUon 26 and the Southwt Ouartw of Swtion Townahip 1 South, Rong« 5 Eaat of P.M.M.. Gdlatki County, Montana. Alao, that part of th» adJocOTt right of way of Compbrtl Road lykig •outhwatwfy from th* cantwlin*, and that part of th» adjacent right of way of Recw Rood East lytng •outhwwtwfy from the northwtwty right of «ay line. Sdd prop.rty b oil de»crt«l at Mlon: Beginning at th» mwt wuthwly comBT of Lot 3, Block 5, aaid Walkar Propwty SubdMsion P.U.D.; thmce northtmatcriy 307'41'09". onumad ailmuth frofn north, 192.30 foal along the •outhtwteriy line of w!d Lot 3; thenca continuing northwMtariy 30r41'09" azknuth. 30.00 f—t to th« canteriln* of th* right of way of Compbdl Rood; lh.nc· northaaateriy 350.37 f—t on a nontongantial curv concav to tha norttiwwt, rodiuB 1714.28 fe<t, cfilral ongk 11'42'3r'> and having a chord Itngth of 349.76 and a chord ozlmuth Of 031*49'50" dong aald ccnteritne; thence northeoatcriy 025*58'32" azimuth, 141.87 feet tangent to »aU cum along •aid cantcrifrr to th» northwwteriy •xtmaton of tha aouthw—ttrly lh« of Lot U, Minor SubdMalon No. 147A; thmica southnoateriy n9'31'18" azimuth, 63.08 fwt along Mid extcnaton and atong the •outhwcatcriy line of said Lot 1A: thence •oythwateriy 136*11'20" aztmuth 235.79 fuet along •old southwcsteriy lina; thmce touthwMturiy 226*11'20" azimuth 60.00 feet to the moat castcriy comer of aoid Lot 3; thwcc southwesterly 2ir41'09" azimuth 401.61 fwt along the »outhw»t«1y liir of •aM Lot 3 to the point of beginning. s^.' GALLATIN COUNTY, MONTANA \ '\.\ '.' ' / \ \\ vx COUNTY RO ZONING // \ LAND USE: CHiLD CARE FACiLIT^' ^<\ :r z X0 ^ ^ Area of Rezoning - 118.100 aquart feet or 2.7112 Acrw or 10.971.81 to cxlatlng easement*. aquarc metcra. Subject / / ^^ ^ ^ ^c?'•^ LOT ^ \ COUNTY AS ZONING LAND USE: AGRICULTURAL INT 4$ OF^ 0 'i MARK A. CHANDIBI %VNo."a'»i5Es s tieE»S rt 3aS^ I hwrty CTWy that th;* zorw map arTwndmwt and t< dwcription wan prepared undw my dir*ct iup«rvi»ion that I am a duly lic<nwd profwional •ng;n»»- and tand ^•unwyor fv.undar th« law f^of th» Statt m^ of Montano. / LEGEND (R) RECORD DISTANCE OR AZIMUTH Memorandum REPORT TO: City Commission FROM: Jenny Connelley, Engineering Technician Shawn Kohtz, City Engineer Mitch Reister, Director of Public Works SUBJECT: Resolution 5224, A Resolution of the City Commission of the City of Bozeman, Montana, Changing the Road Name of Dead Mans Gulch, Located in Gardner-Simmental Plaza Subdivision, to Cattail Street in the City of Bozeman, Montana MEETING DATE: January 5, 2021 AGENDA ITEM TYPE: Resolution RECOMMENDATION: After incorporating the information in the staff report, oral findings made by the Commission during the public hearing, information in the proposed resolution and after considering public comment, I hereby move to adopt Resolution 5224 to change the Road Name of Dead Mans Gulch, located in Gardner-Simmental Plaza Subdivision, to Cattail Street. STRATEGIC PLAN: 4.1 Informed Conversation on Growth: Continue developing an in-depth understanding of how Bozeman is growing and changing and proactively address change in a balanced and coordinated manner. BACKGROUND: On December 22, 2020, the Commission unanimously passed Resolution 5223, a Resolution of the City Commission of the City of Bozeman, Montana, declaring it to be the intention of the City Commission to rename Dead Mans Gulch to Cattail Street in the City of Bozeman, Montana after determining that the Road Name “Dead Mans Gulch” does not fit, and is not consistent with, the City of Bozeman addressing network; that the subject street can be renamed without detriment to the public interests; and that it is in best interests of the City of Bozeman, and the inhabitants therein, that said Dead Mans Gulch be re-named Cattail Street. This change will provide consistency with our street network and follows Strategic Plan Item 3- A Safe, Welcoming Community, as well as Strategic Plan Item 4 – A Well Planned City. Notice of passage of the Resolution of Intention 5223 was duly published in the Bozeman Daily Chronicle on December 27, 2020 and January 3, 2021, which is on file with the City Clerk of the City of Bozeman; and notice of the adoption of Resolution 5223 has been mailed, in all respects in accordance with law, to all persons who own property that abuts the said street, and; said notice, as published and noticed, designated the 5th day of January 2021, at 6:00 o’clock p.m., in the Commission Room in the 112 City Hall Building, Bozeman, Montana, as the time and place for hearing objections. UNRESOLVED ISSUES: None Identified ALTERNATIVES: As suggested by the City Commission. FISCAL EFFECTS: Cost of replacing the street name markers is estimated to be $500. Attachments: Staff Report - Dead Mans Gulch to Cattail Street Resolution 5224-Dead Mans Gulch to Cattail Street Map of Proposed Change- Dead Mans Gulch to Cattail Street Report compiled on: December 23, 2020 113 CITY ENGINEERING STAFF REPORT Proposal to change the street name “Dead Mans Gulch” to “Cattail Street” Background Dead Mans Gulch is an east-west street in the City limits of Bozeman that terminates at N. 19th Avenue to the west and Simmental Way to the east. The street is one block in length and aligns with Cattail Street, which is an east-west City Street located west of N. 19th Avenue. Dead Mans Gulch is bounded to the east by Interstate 90 right-of-way. Over the past year, the City has seen a lot of interest in development near Dead Mans Gulch in the Gardner-Simmental Plaza Subdivision. Most recently, Bozeman Health has expressed interest in purchasing the old Simmental Property just north of Dead Mans Gulch for development of a future health care facility. Bozeman Health has indicated to the City that locating a health care facility near “Dead Mans Gulch” was problematic for their business. Bozeman Health has asked that the street name is changed and is actively working with City Engineering to facilitate this request. Impact on adjacent property Only two parcels of land are adjacent to Dead Mans Gulch. The south property currently operates as an equipment rental business. Although this property is accessed off of Dead Mans Gulch, the property is addressed off of North 19th Avenue. The proposed name change is anticipated to have negligible impact on this property. The north property is owned by MCC which is a container manufacturing business. They have occupied the property since the 1970’s and changing the street name would require this business to change their address. Impact on Traffic & Accessibility As mentioned above, Cattail Street is an existing City Street that aligns with Dead Mans Gulch. The proposed name change will improve the consistency of Bozeman’s Street network by continuing an existing street name (Cattail Street) along a similar alignment and removing an unnecessary street name (Dead Mans Gulch). This change will not impact accessibility of the City’s street network. 114 Impact on Fire, Police, and Other Emergency Services The City Engineering Department will notify all emergency services of the proposed name change, should it get approved. In addition, the City’s GIS Department will update online and hard copy City maps to reflect this change. Impact to police, fire, and other emergency services will be negligible. Impact on Garbage Collection and Maintenance The City Engineering Department will notify our solid waste department of the street name change, should it be approved. Impact to the City’s solid waste department will be negligible. Impact on Private & Public Utilities Renaming the proposed street will have no apparent impact on private or public utilities. Alternatives to Vacation The street name could be left as “Dead Mans Gulch.” The street would continue to function as is. Recommendation Renaming “Dead Mans Gulch” to “Cattail Street” can be done without detriment to the public interest, and is the preferred alternative. Renaming the street would allow for better consistency in our street network. 115 Version April 2020 RESOLUTION 5224 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CHANGING THE ROAD NAME OF DEAD MANS GULCH, LOCATED IN GARDNER-SIMMENTAL PLAZA SUBDIVISION, TO CATTAIL STREET IN THE CITY OF BOZEMAN, MONTANA. WHEREAS, this Commission, on December 22, 2020, adopted Resolution No. 5223 (the Resolution of Intention), pursuant to which this Commission declared its intention to rename Dead Mans Gulch, a street located in Gardner-Simmental Plaza Subdivision, in the City of Bozeman, Montana, to Cattail Street, as allowed under Montana Code Annotated, Title 7, Chapter 14, Part 41; and WHEREAS, notice of passage of the Resolution of Intention was duly published in the Bozeman Daily Chronicle on December 27, 2021 and January 3 rd , 2021, which is on file with the City Clerk of the City of Bozeman; and WHEREAS, notice of the adoption of said Resolution has been mailed, in all respects in accordance with law, to all persons who own property that abuts the above described street, and; WHEREAS, said notice, as published and noticed, designated the 5 th day of January 2021, at 6:00 o’clock p.m., in the Commission Room in the City Hall Building, Bozeman, Montana, as the time and place for hearing objections; and WHEREAS, within the Protest Period, ____ protests were filed with the City Clerk; and WHEREAS, it is in the best interests of the City of Bozeman, and the inhabitants therein, that said Dead Mans Gulch, located in Gardner-Simmental Plaza Subdivision, in the City of Bozeman, be re-named Cattail Street. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: the Road Name of Dead Mans Gulch, located in Gardner-Simmental Plaza Subdivision, in the City of Bozeman, as shown on the plat attached as Exhibit A, shall be approved and changed to Cattail Street. 116 Version April 2020 The Clerk of the Commission of the City of Bozeman is hereby directed to record this Resolution in the Gallatin County Clerk and Recorder’s office and; The City of Bozeman Engineering Department is hereby directed to notify all persons who own property that abuts the above described street of their new addresses along said street. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 5th day of January, 2021. ___________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 117 Version April 2020 Exhibit A: 118 Version April 2020 CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE I, the undersigned, being the duly qualified and acting recording officer of the City of Bozeman, Montana (the “City”) hereby certify that the attached resolution is a true copy of Resolution No. 5224 entitled: “A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CHANGING THE ROAD NAME OF DEAD MANS GULCH, LOCATED IN GARDNER-SIMMENTAL PLAZA SUBDIVISION, TO CATTAIL STREET IN THE CITY OF BOZEMAN, MONTANA” (the “Resolution”), on file in the original records of the City in my legal custody; that the Resolution was duly adopted by the City Commission of the City at a meeting on January 5, 2021, and that the meeting was duly held by the City Commission and was attended throughout by a quorum, pursuant to call and notice of such meeting given as required by law; and that the Resolution has not as of the date hereof been amended or repealed. I further certify that, upon vote being taken on the Resolution at said meeting, the following Commissioners voted in favor thereof: ______________________________________________ voted against the same: __________________________________________________________ abstained from voting thereon: ____________________________________________________ or were absent: _________________________________________________________________ WITNESS my hand officially this 5th day of January, 2021. _______________________________________ MIKE MAAS City Clerk 119 19TH SIMMENTAL INTERSTATE 90 ORVILLE DEAD MANS GULCH CATTAIL KIMBERWICKE INTERSTATE 90 LOT 2A LOT 4 LOT 1, TR. 3 LOT 2, TR. 3 LOT 10 LOT 11B LOT 1A LOT 2, TR. 4 LOT 4, TR. 4 LOT 1, TR. 4 LOT 3, TR. 4 LOT 13 TR. 2 LOT 1 LOT 3, TR. 5 LOT 1, TR. 5 LOT 2, TR. 5 REM. COMMON OPEN SPACE ¯ 0 75 Feet 150 300 from Proposed Dead Mans Road Gulch Name to Cattail Change Street 120 Memorandum REPORT TO: City Commission FROM: Jenny Connelley, Engineering Technician Shawn Kohtz, City Engineer Mitch Reister, Public Works Director SUBJECT: Resolution 5242, A Resolution Changing the Road Name of Campus Boulevard, located in South University District Phase 1 Minor Subdivision and South University District Phase 2 Minor Subdivision, to Stucky Road in the City of Bozeman, Montana MEETING DATE: January 5, 2021 AGENDA ITEM TYPE: Resolution RECOMMENDATION: After incorporating the information in the staff report, oral findings made by the Commission during the public hearing, information in the proposed resolution and after considering public comment, I hereby move to adopt Resolution 5242 to change the Road Name of Campus Boulevard, located in South University District Phase 1 Minor Subdivision and South University District Phase 2 Minor Subdivision, to Cattail Street. STRATEGIC PLAN: 4.1 Informed Conversation on Growth: Continue developing an in-depth understanding of how Bozeman is growing and changing and proactively address change in a balanced and coordinated manner. BACKGROUND: On December 22, 2020, the Commission unanimously passed Resolution 5241, a resolution of the City Commission of the City of Bozeman, Montana, declaring it to be the intetion of the City Commission to rename Campus Boulevard to Stucky Road in the City of Bozeman, Montana, after determining that the Road Name “Campus Boulevard” does not fit, and is not consistent with, the City of Bozeman addressing network; that the subject street can be renamed without detriment to the public interests; and that it is in best interests of the City of Bozeman, and the inhabitants therein, that said Campus Boulevard be re-named Stucky Road. This change will provide consistency with our street network and follows Strategic Plan Item 3- A Safe, Welcoming Community, as well as Strategic Plan Item 4 – A Well Planned City. Notice of passage of the Resolution of Intention 5241 was duly published in the Bozeman Daily Chronicle on December 27, 2020 and January 3, 2021, which is on file with the City Clerk of the City of Bozeman; and notice of the adoption of Resolution 5241 has been mailed, in all respects in accordance with law, to all persons who own property that abuts the said street, and; said notice, as published and noticed, designated the 5th day of January 2021, at 6:00 o’clock p.m., in the Commission Room in the 121 City Hall Building, Bozeman, Montana, as the time and place for hearing objections; UNRESOLVED ISSUES: None Identified. ALTERNATIVES: As suggested by the City Commission. FISCAL EFFECTS: Cost of replacing the street name markers is estimated to be $500 Attachments: Staff Report - Campus Blvd Name Change Resolution 5242-Campus Blvd to Stucky Rd Map Exhibit of Campus Blvd to Stucky Rd Report compiled on: December 23, 2020 122 CITY ENGINEERING STAFF REPORT Proposal to change the street name “Campus Boulevard” to “Stucky Road” Background Stucky Road is an east-west road partially inside and partially outside the City limits of Bozeman that terminates at Gooch Hill Road to the west and North 19th Avenue to the east. The street is approximately three miles length and aligns with Campus Boulevard, which is an east-west City Street located between South 11th Avenue and South 14th Avenue. Five blocks of undeveloped land within the City limits separate Stucky Road and Campus Boulevard. This land is currently zoned residential emphasis mixed use (REMU). Based on recent development interest in this area, it is likely that a connection will be made between Stucky Road and Campus Boulevard in the near future and according to the City’s Design Standards, “all new streets shall assume the name of the street on which it aligns unless the street does not and cannot in the future connect to an existing segment along the alignment.” Because Stucky Road is historical to the area and includes multiple property addresses, both in and out of the City limits, it is preferable to maintain the street name “Stucky Road” and change the street name “Campus Boulevard” to “Stucky Road.” Impact on adjacent property There are only two properties addressed off of Campus Boulevard, both of which are owned by CCC Bozeman, LLC. These properties are part of the South University District Subdivision Development which includes student housing. The proposed name change will require address changes for a significant portion of phase 1 and phase 2 of this development. No other properties should be directly impacted by this change. The cost of changing these addresses will be the responsibility of the property owner. Impact on Traffic & Accessibility The proposed name change will improve the consistency of Bozeman’s Street network by continuing an existing street name (Stucky Road) along a similar alignment and removing an unnecessary street name (Campus Boulevard). This change will not impact accessibility of the City’s street network. 123 Impact on Fire, Police, and Other Emergency Services The City Engineering Department will notify all emergency services of the proposed name change, should it get approved. In addition, the City’s GIS Department will update online and hard copy City maps to reflect this change. Impact to police, fire, and other emergency services will be negligible. Impact on Garbage Collection and Maintenance The City Engineering Department will notify our solid waste department of the street name change, should it be approved. Impact to the City’s solid waste department will be negligible. Impact on Private & Public Utilities Renaming the proposed street will have no apparent impact on private or public utilities. Alternatives to Vacation The street name could be left as “Campus Boulevard.” The street would continue to function as is. Recommendation Renaming “Campus Boulevard” to “Stucky Road” can be done without detriment to the public interest, and is the preferred alternative. Renaming the street would allow for better consistency in our street network. 124 Version April 2020 RESOLUTION 5242 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CHANGING THE ROAD NAME OF CAMPUS BLVD, LOCATED IN SOUTH UNIVERSITY DISTRICT PHASE 1 MINOR SUBDIVISION AND SOUTH UNIVERSITY DISTRICT PHASE 2 MINOR SUBDIVISION, TO STUCKY ROAD IN THE CITY OF BOZEMAN, MONTANA. WHEREAS, this Commission, on December 22, 2020, adopted Resolution No. 5241 (the Resolution of Intention), pursuant to which this Commission declared its intention to rename Campus Blvd, a street located in South University District Phase 1 Minor Subdivision and South University District Minor Subdivision Phase 2, in the City of Bozeman, Montana, to Stucky Road, as allowed under Montana Code Annotated, Title 7, Chapter 14, Part 41; and WHEREAS, notice of passage of the Resolution of Intention was duly published in the Bozeman Daily Chronicle on December 27, 2020 and January 3, 2021, which is on file with the City Clerk of the City of Bozeman; and WHEREAS, notice of the adoption of said Resolution has been mailed, in all respects in accordance with law, to all persons who own property that abuts the above described street, and; WHEREAS, said notice, as published and noticed, designated the 5 th day of January 2021, at 6:00 o’clock p.m., in the Commission Room in the City Hall Building, Bozeman, Montana, as the time and place for hearing objections; and WHEREAS, within the Protest Period, ____ protests were filed with the City Clerk; and WHEREAS, it is in the best interests of the City of Bozeman, and the inhabitants therein, that said Campus Blvd, located in South University District Phase 1 Minor Subdivision and South University District Phase 2 Minor Subdivision , in the City of Bozeman, be re-named Stucky Road. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: the Road Name of Campus Blvd, located in South University District 125 Version April 2020 Phase 1 Minor Subdivision and South University District Minor Subdivision Phase 2, in the City of Bozeman, as shown on the plat attached as Exhibit A, shall be approved and changed to Stucky Road. The Clerk of the Commission of the City of Bozeman is hereby directed to record this Resolution in the Gallatin County Clerk and Recorder’s office and; The City of Bozeman Engineering Department is hereby directed to notify all persons who own property that abuts the above described street of their new addresses along said street. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 5th day of January, 2021. ___________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 126 Version April 2020 Exhibit A: 127 Version April 2020 CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE I, the undersigned, being the duly qualified and acting recording officer of the City of Bozeman, Montana (the “City”) hereby certify that the attached resolution is a true copy of Resolution No. 5242 entitled: “A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CHANGING THE ROAD NAME OF CAMPUS BLVD, LOCATED IN SOUTH UNIVERSITY DISTRICT PHASE 1 MINOR SUBDIVISION AND SOUTH UNIVERSITY DISTRICT MINOR SUBDIVISION PHASE 2, TO STUCKY ROAD IN THE CITY OF BOZEMAN, MONTANA” (the “Resolution”), on file in the original records of the City in my legal custody; that the Resolution was duly adopted by the City Commission of the City at a meeting on January 5, 2021, and that the meeting was duly held by the City Commission and was attended throughout by a quorum, pursuant to call and notice of such meeting given as required by law; and that the Resolution has not as of the date hereof been amended or repealed. I further certify that, upon vote being taken on the Resolution at said meeting, the following Commissioners voted in favor thereof: ______________________________________________ voted against the same: __________________________________________________________ abstained from voting thereon: ____________________________________________________ or were absent: _________________________________________________________________ WITNESS my hand officially this 5th day of January, 2021. _______________________________________ MIKE MAAS City Clerk 128 LOT 1 TR. 2 LOT 1 LOT 2 LOT 1 LOT 2 CITY PARK 2 LOT 2 LOT 2 CITY PARK 1 COMMON AREA/PRIVATE STREETS TR. 3A LOT 2 TR. 1A LOT 1 LOT 3 LOT 8 LOT 7 LOT 19 LOT 9 LOT 18 LOT 17 LOT 13 LOT 12 LOT 11 LOT 14 LOT 16 LOT 15 LOT 10 1250 1355 1405 1332 1168 1128 S 11TH AVE STUDENT DR OPPORTUNITY WAY CAMPUS BLVD S 12TH AVE S 13TH AVE S 14TH AVE ACCESS STADIUM DR ALLEN DR ARIANNA WAY ACCESS ¯ 0 100 Feet 200 400 Proposed Stucky Road (fka Campus Blvd) 129 Memorandum REPORT TO: City Commission FROM: Chris Saunders, Community Development Manager Martin Matsen, Community Development Director SUBJECT: Norton Ranch 2020 Zone Map Amendment, Amendment to the City Zoning Map on Approximately 84.5 acres Plus Adjacent Right of Way from R-O (Residential Office), BP (Business Park), and R-3 (Residential Medium Density) to R-5 (Residential Mixed-Use High Density), REMU (Residential Emphasis Mixed Use), and B-2M (Community Business Mixed-Use), Application 20288 MEETING DATE: January 5, 2021 AGENDA ITEM TYPE: Community Development - Legislative RECOMMENDATION: Recommended City 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 20-288 and move to approve the Norton Ranch Zone Map Amendment, with contingencies required to complete the application processing STRATEGIC PLAN: 4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND: Greg Stratton of Kilday & Stratton, representing Norton Properties, LLC, seeks to amend the zoning map designations for approximately 84.5 acres in Phase 4 of the Norton Ranch Subdivision located north of Huffine Lane at the western edge of the Bozeman City Limits. The applicant seeks to rezone the property from R-O (Residential Office), B-P (Business Park), and R-3 (Residential Medium Density) to R-5 (Residential Mixed-Use High Density), REMU (Residential Emphasis Mixed-Use), and B-2M (Community Business Mixed-Use). The future land use designation for most of the property was changed with the adoption of the Bozeman Community Plan 2020 which was adopted on November 17, 2020. Portions of the existing zoning no longer correspond to the future land use designation. UNRESOLVED ISSUES: None 130 ALTERNATIVES: 1. Deny the application based on the Commission’s findings of non- compliance with the applicable criteria contained within the staff report; or 2. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. FISCAL EFFECTS: None Attachments: Staff report CC - Norton Ranch ZMA App. No. 20288. 12-15- 20.docx Combined Application Materials App. 20288.pdf Report compiled on: December 15, 2020 131 Page 1 of 18 20-288 Staff Report for the Norton Ranch 2020 Zone Map Amendment Public Hearing: The Zoning Commission public hearing was held on December 14, 2020. The City Commission public hearing will be held on January 5, 2021 Project Description: Amendment to the City Zoning Map on approximately 84.5 acres plus adjacent right of way from R-O (Residential Office), BP (Business Park), and R-3 (Residential Medium Density) to R-5 (Residential Mixed-Use High Density), REMU (Residential Emphasis Mixed Use), and B-2M (Community Business Mixed-Use). Project Location: Farm field on the north side of Huffine Lane beginning 1,300 feet west of the intersection of Huffine Lane and Cottonwood Road and continuing to the western city limits. The legal description is a tract of land, said tract being Lots R2A and R4, Lots 1 and 2, Block 14, and Lots 2 and 3, Block 13 Norton Each Ranch Subdivision, Phase 4 located in the south ½ of Section 9, Township 2 South, Range 5 East of P.M.M. in the City of Bozeman. Recommendation: Meets standards for approval with contingencies. 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 20-288 and move to recommend approval of the Norton Ranch Zone Map Amendment, with contingencies required to complete the application processing. Recommended City 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 20-288 and move to approve the Norton Ranch Zone Map Amendment, with contingencies required to complete the application processing. Report Date: December 15, 2020 Staff Contact: Chris Saunders, Community Development Manager Agenda Item Type: Action - Legislative 132 Staff Report for the Norton Ranch 2020 Zone Map Amendment Page 2 of 18 EXECUTIVE SUMMARY Unresolved Issues None identified at this time. Project Summary Greg Stratton of Kilday & Stratton, representing Norton Properties, LLC, seeks to amend the zoning map designations for approximately 84.5 acres in Phase 4 of the Norton Ranch Subdivision located north of Huffine Lane at the western edge of the Bozeman City Limits. The applicant seeks to rezone the property from R-O (Residential Office), B-P (Business Park), and R-3 (Residential Medium Density) to R-5 (Residential Mixed-Use High Density), REMU (Residential Emphasis Mixed-Use), and B-2M (Community Business Mixed-Use). The future land use designation for most of the property was changed with the adoption of the Bozeman Community Plan 2020 which was adopted on November 17, 2020. Portions of the existing zoning no longer correspond to the future land use designation. Zoning Commission The Zoning Commission conducted their public hearing on December 14, 2020. After consideration of the proposed amendment they recommend approval as submitted. The video of the public hearing is available at https://www.bozeman.net/government/city- commission/city-commission-video. There was one public comment in opposition to the proposed amendment. Alternatives 1. Deny the application based on the Commission’s findings of non-compliance with the applicable criteria contained within the staff report; or 2. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. 133 Staff Report for the Norton Ranch 2020 Zone Map Amendment Page 3 of 18 TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 2 Unresolved Issues ............................................................................................................... 2 Project Summary................................................................................................................. 2 Zoning Commission............................................................................................................ 2 Alternatives......................................................................................................................... 2 SECTION 1 - MAP SERIES .................................................................................................... 4 SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT..... 7 SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 7 SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS............. 8 Spot Zoning Criteria ......................................................................................................... 12 PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 14 APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND.............. 14 APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 15 APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 15 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 18 FISCAL EFFECTS................................................................................................................. 18 ATTACHMENTS................................................................................................................... 18 134 Staff Report for the Norton Ranch 2020 Zone Map Amendment Page 4 of 18 SECTION 1 - MAP SERIES Map 1: Vicinity Map of the project site in the City of Bozeman Map 2 Bozeman Community Plan 2020 Future Land Use Map 135 Staff Report for the Norton Ranch 2020 Zone Map Amendment Page 5 of 18 Map 3: Existing Zoning Map 4: Proposed Zoning 136 Staff Report for the Norton Ranch 2020 Zone Map Amendment Page 6 of 18 Map 5: Portion of Final Plat of Norton East Ranch Subdivision, Phase 4 137 Staff Report for the Norton Ranch 2020 Zone Map Amendment Page 7 of 18 SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT Please note that these contingencies are necessary for the City to complete the process of the proposed amendment. Recommended Contingencies of Approval: 1. All documents and exhibits necessary to establish an initial municipal zoning designation must be identified as the “Norton Ranch 2020 Zone Map Amendment”. 2. The applicant must submit a zone amendment map, titled "Norton Ranch 2020 Zone Map Amendment." The map must be supplied on: 1) a mylar for City records (either 18" by 24" or 24" by 36" size); 2) a reduced 8 ½" x 11" or 8 ½" by 14" exhibit suitable for filing at the County Clerk & Recorder; 3) an editable digital copy for the City Engineer's Office; and 4) a PDF. This map must be acceptable to the City Engineer's Office and must be submitted within 60 days of the action to approve the zone map amendment. Said map shall contain a metes and bounds legal description of the perimeter of the subject property including adjacent rights-of- way or street easements, and total acreage of the areas to be rezoned; unless the property to be rezoned can be entirely described by reference to existing platted properties or certificates of survey. 3. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant provides an editable metes and bounds legal description prepared by a licensed Montana surveyor. SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS Having considered the criteria established for a zone map amendment, the Staff recommends approval as submitted of the Norton Ranch Zone Map Amendment (ZMA). The Development Review Committee (DRC) considered the amendment. The DRC did not identify any infrastructure or regulatory constraints that would impede the approval of the application. The Zoning Commission held a public hearing on this ZMA on December 14, 2020 and forward a recommendation of approval to the City Commission on the Zone Map amendment. The meeting was held electronically via WebEx. The City Commission will hold a public hearing on the zone map amendment on January 5, 2021. The meeting will be held electronically via WebEx. Instructions for joining the meeting will be included on the meeting agenda. The meeting will begin at 6 p.m. 138 Staff Report for the Norton Ranch 2020 Zone Map Amendment Page 8 of 18 SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications for plan approval under this title, the advisory boards and City Commission must consider the following criteria (letters A-K). As an amendment is a legislative action, the Commission has broad latitude to determine a policy direction. The burden of proof that the application should be approved lies with the applicant. A zone map amendment must be in accordance with the growth policy (criteria A) and be designed to secure safety from fire and other dangers (criteria B), promote public health, public safety, and general welfare (criteria C), and facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a zone map amendment the Commission must find Criteria A-D are met. In addition, the Commission must also consider criteria E-K, and may find the zone map amendment to be positive, neutral, or negative with regards to these criteria. To approve the zone map amendment, the Commission must find the positive outcomes of the amendment outweigh negative outcomes for criteria E-K. In determining whether the criteria are met, Staff considers the entire body of regulations for land development. Standards which prevent or mitigated negative impacts are incorporated throughout the entire municipal code but are principally in Chapter 38, Unified Development Code. Section 76-2-304, MCA (Zoning) Criteria A. Be in accordance with a growth policy. Yes. The future land use designation for most of the subject property was changed with the recent adoption of the Bozeman Community Plan 2020. The Future Land Use Map in the Bozeman Community Plan 2020, adopted on November 17, 2020, includes two designations for the property. In the northwest corner of the property, the map designation is Urban Neighborhood. The Urban Neighborhood designation correlates with several zoning districts including R-5 zoning, as proposed by the applicant. The remainder of the property is designated as Community Commercial Mixed Use. This designation correlates with several zoning districts including REMU and B2-M, as proposed by the applicant. The proposed zoning would provide for a wider variety of housing types and land uses than the current zoning including higher density, urban-scale development with a diverse mixture of possible uses. The R-5, REMU and B2-M districts can help to absorb a portion of the growth that is projected for the City along a transit corridor and near public parks and schools. This development pattern is in accordance with several objectives of the Community Plan including: N-2.2 Revise the zoning map to support higher intensity residential districts near schools, services, and transportation. 139 Staff Report for the Norton Ranch 2020 Zone Map Amendment Page 9 of 18 DCD-1.9 Promote mixed-use developments with access to parks, open space, and transit options. DCD-2.2. Support higher density development along main corridors and at high visibility street corners to accommodate population growth and support businesses. DCD-2.5 Identify and zone appropriate locations for neighborhood-scale commercial development. DCD-2.7 Encourage the location of higher density housing and public transit routes in proximity to one another. M-1.1 Prioritize mixed-use land use patterns. Encourage and enable the development of housing, jobs, and services in close proximity to one another. The Bozeman Community Plan 2020, Chapter 5, page 72, includes a discussion of what justifications support a change in zoning. This application addresses two of those justifications. First, a change in correlation between zoning and growth policy, and second, the owner requests the change and can meet required standards. This report determines the required standards can be met. No conflicts with the growth policy have been identified. B. Secure safety from fire and other dangers. Yes. The subject property is currently served by City of Bozeman Fire and Police Departments. The property is primarily vacant. A small portion has previously been subdivided but not yet developed with buildings. Future development of the property will be required to conform to all City of Bozeman public safety, building and land use requirements, which will ensure this criterion is met. The zone change is not likely to adversely impact safety from fire and other dangers. C. Promote public health, public safety, and general welfare. Yes. Potential future development of the site will require compliance with the City’s Unified Development Code which ensures the promotion of public health, safety, and general welfare. The proposed amendment will not put undue burden on municipal services, emergency response capability, or similar existing requirements. D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. Yes. The City conducts extensive planning for municipal transportation, water, sewer, parks, and other facilities and services provided by the City. The adopted plans allow the City to consider existing conditions and identify enhancements needed to provide additional service needed by new development. The City implements these plans through its capital improvements program that identifies individual projects, project construction scheduling, and financing of construction. 140 Staff Report for the Norton Ranch 2020 Zone Map Amendment Page 10 of 18 The proposed amendment will enable more intensive development than the zoning that exists now. The new zoning also provides for a wide range of uses and possible intensity of development. It is difficult to state definitively what level of services are required by the zoning. As stated in 38.300.020.C, the designation of a zoning district does not guarantee approval of new development until the City verifies the availability of needed infrastructure. All zoning districts in Bozeman enable a wide range of uses and intensities. At time of future subdivision or site plan review the need for individual services can be more precisely determined. No subdivision or site plan is approved without demonstration of adequate capacity. 38.300.020.C, “Placement of any given zoning district on an area depicted on the zoning map indicates a judgment on the part of the city that the range of uses allowed within that district are generally acceptable in that location. It is not a guarantee of approval for any given use prior to the completion of the appropriate review procedure and compliance with all of the applicable requirements and development standards of this 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.” E. Reasonable provision of adequate light and air. Yes. The Unified Development Code includes requirements for providing adequate light and air including park and recreation requirements, maximum building height, lot coverage, and setback requirements. Future development of the property will be subject to these provisions. F. The effect on motorized and non-motorized transportation systems. Neutral. The requested change in zoning from R-3, R-O, and B-P to R-5, REMU and B2-M will not itself impact the motorized and non-motorized transportation system. The future land uses and intensity of development are not yet known. However, the mix of residential and commercial uses allowed under the proposed zoning could have the effect of providing goods, services, and employment opportunities in close proximity to existing and future residences, thereby reducing the number of trips or distance traveled per trip into other areas of the City to meet the residents’ needs. In any case, development of the property will be required to comply with transportation-related standards and reviewed for impacts on the surrounding streets, intersections, and sidewalks. Adopted standards include provisions for pedestrians, bicycles, and motor vehicles. G. Promotion of compatible urban growth. Yes. The Bozeman Community Plan establishes a preferred and compatible development pattern. “The land use map sets generalized expectations for what goes where in the community… The land use categories and descriptions provide a guide for appropriate development and redevelopment locations for civic, residential, commercial, industrial, and 141 Staff Report for the Norton Ranch 2020 Zone Map Amendment Page 11 of 18 other uses. The future land use designations are important because they aim to further the vision and goals of the City through promoting sustainability, citizen and visitor safety, and a high quality of life that will shape Bozeman’s future.” (Community Plan P. 51) The future land use map includes two designations for the property. In the northwest corner, the map designation is Urban Neighborhood. The Urban Neighborhood designation correlates with several zoning districts including R-5 zoning, as proposed by the applicant. The remainder of the property is designated as Community Commercial Mixed Use. This designation correlates with several zoning districts including REMU and B2-M, as proposed by the applicant. Based on the land use map designations and correlated zoning districts in the plan and proposed by the applicant, the zone map amendment would promote compatible urban growth. Also see the discussion in (H) below. H. Character of the district. Neutral. Section 76-2-302, MCA says “…legislative body may divide the municipality into districts of the number, shape, and area as are considered best suited to carry out the purposes [promoting health, safety, morals, or the general welfare of the community] of this part.” Emphasis added. This proposal seeks to amend the zoning map and not the text. Therefore, no element of this amendment modifies the standards of any zoning district. The character of the districts as created by those standards remains intact. As noted above, the City Commission has latitude in considering the geographical extents of a zoning district. Application of any municipal zoning district to the subject property will alter the existing character of the subject property which is an open field, farmhouse, and outbuildings. It is not expected that zoning freeze the character of an area in perpetuity. Rather, it provides a structured method to consider changes to the character. The City has defined compatible development as: “The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and objectives of the city's adopted growth policy. Elements of compatible development include, but are not limited to, variety of architectural design; rhythm of architectural elements; scale; intensity; materials; building siting; lot and building size; hours of operation; and integration with existing community systems including water and sewer services, natural elements in the area, motorized and non-motorized transportation, and open spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design, density or use.” 142 Staff Report for the Norton Ranch 2020 Zone Map Amendment Page 12 of 18 The City has adopted many standards to identify and avoid or mitigate demonstrable negative impacts of development. These will support the ability of future development to be compatible with adjacent development and uphold the residential character of the area. The property to the west of the project site is subject to a conservation easement. Regardless of what urban designation is placed on the project site there will be a substantial difference in character to the west. The property to the west is not annexed and has no municipal services. It is not required to prohibit development of the subject property due to the private decision to place a conservation easement on adjacent property. I. Peculiar suitability for particular uses. Yes. The proposed zoning would transition from residentially oriented along the north of the property to urban commercial and mixed-use further to the south. To the north of the property is an existing residential subdivision. The proposed R-5 zoning adjacent to the subdivision would provide for residential development, albeit at a more intensive scale, along with possible offices, small-scale retail, and restaurants as secondary uses. Further south and to the east, the REMU district would provide for a variety of housing types as well as employment, retail, and neighborhood services. The bulk of the property, where B2-M is proposed, can support many types of urban development that serve the immediate area and broader region, as well as multi-household residential as a secondary use. The district is appropriately located along arterial corridors such as Huffine Lane. Additionally, the property is suitable for urban development without constraints related to floodplains, human- wildlife conflict, steep slopes or other hazards. J. Conserving the value of buildings. Neutral. An existing farmhouse and outbuildings are located on the property. These would presumably be removed when the property is developed. However, the property is already zoned for urban residential and office development and for employment centers, so it appears this decision has already been made. K. Encourage the most appropriate use of land throughout the jurisdictional area. Yes. As stated above, the Bozeman Community Plan illustrates the most appropriate use of the land. In this case, urban-scale residential and mixed-use development has been identified by the community as the most appropriate types of development for the property. The Unified Development Code contains standards, protections and review processes to ensure the land is developed in ways that protect and promote public health, safety, and general welfare. Spot Zoning Criteria Rezoning may, in certain factual circumstances, constitute impermissible “spot zoning.” The issue of whether a rezoning constitutes spot zoning was discussed by the Montana Supreme 143 Staff Report for the Norton Ranch 2020 Zone Map Amendment Page 13 of 18 Court in Plains Grains LP v. Board of County Comm’rs of Cascade County and Little v. Bd. Of County Comm’rs, in which the Court determined that the presence of the following three conditions generally will indicate that a given situation constitutes spot zoning, regardless of variations in factual scenarios. 1. Is the proposed use significantly different from the prevailing land uses in the area? No. R-3 and R-4 are located immediately to the north of where R-5 and REMU are proposed. All the referenced districts are predominantly residential in nature. A variety of non-residential uses at differing scales are also allowed. To the east of the area proposed for B2-M, the area is zoned B-2. A separate zone map amendment has been submitted to change the adjacent property to B2-M. Although the property to the south is not yet within the city limits, the Bozeman Community Plan land use map designation is Maker Space Mixed Use, which provides for a variety of uses including information technology, manufacturing, research and development, offices, and supportive uses. As noted above, the property to the west is subject to a conservation easement and is minimally developed with a home and agricultural buildings. The primary character of the larger area is changing and is now primarily not agricultural uses. Therefore, the proposed change, while an intensification of already allowed uses on the property, does not constitute a significant change from the area as a whole. This criterion includes the modifier ‘significantly’ and the proposed zoning districts are not significantly different from the surrounding districts. It is not prohibited to have uses that are different. To be a Yes, the reviewer must demonstrate a ‘significant difference.’ 2. Is the area requested for the rezone rather small in terms of the number of separate landowners benefited from the proposed change? Yes. The zoning request has come from and at this point would directly benefit one property owner, Norton Properties, LLC. Generalized benefits to the City as a whole would arise from development at a more intensive level. Business Park especially is a very low density district and needs to be reviewed for consistency with the recently adopted growth policy goals and objectives. 3. Would the change be in the nature of “special legislation” designed to benefit only one or a few landowners at the expense of the surrounding landowners or the general public? No. While only one landowner would directly ‘benefit’ from the zone change, there is no reason to believe this would come at the expense of surrounding landowners or the general public. On the contrary, Bozeman Community Plan 2020 is an expression of the public’s desires for different types and scales of urban development throughout the City. The 144 Staff Report for the Norton Ranch 2020 Zone Map Amendment Page 14 of 18 proposed zoning aligns with the Community Plan, and therefore would be to the benefit of the general public. PROTEST NOTICE FOR ZONING AMENDMENTS IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION. The City will accept written protests from property owners against the proposal described in this report until the close of the public hearing before the City Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property within the area affected by the proposal or by owner(s) of real property that lie within 150 feet of an area affected by the proposal. The protest must be in writing and must be signed by all owners of the real property. In addition, a sufficient protest must: (i) contain a description of the action protested sufficient to identify the action against which the protest is lodged; and (ii) contain a statement of the protestor's qualifications (including listing all owners of the property and the physical address), to protest the action against which the protest is lodged, including ownership of property affected by the action. Signers are encouraged to print their names after their signatures. A person may in writing withdraw a previously filed protest at any time prior to final action by the City Commission. Protests must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230. APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND Greg Stratton of Kilday & Stratton, representing Norton Properties, LLC, seeks to amend the zoning map for approximately 84.5 acres in Phase 4 of the Norton Ranch Subdivision located north of Huffine Lane at the western edge of the Bozeman City Limits. The applicant seeks to rezone the property from R-O (Residential Office), B-P (Business Park), and R-3 (Residential Medium Density) to R-5 (Residential Mixed-Use High Density), REMU (Residential Emphasis Mixed Use), and B-2M (Community Business Mixed-Use). The property is a generally flat farm field that appears unconstrained by natural or human caused hazards. It is only developed with a farmhouse and outbuildings. It is located adjacent to Huffine Lane, a principal arterial and transit route. To the north is an existing 145 Staff Report for the Norton Ranch 2020 Zone Map Amendment Page 15 of 18 residential subdivision, to the east is zoned B-2, to the south is an area planned for a variety of possible commercial and industrial uses, and to the west is conservation land. The Bozeman Community Plan designates the property as Urban Neighborhood and Community Commercial Mixed Use. The proposed zoning is in accordance with the Community Plan designations. Urban utilities and services are available. APPENDIX B - NOTICING AND PUBLIC COMMENT Notice of the application and public hearings was published in the Bozeman Daily Chronicle on November 22, 2020 and December 6, 2020. Notice was sent via first class mail to adjacent landowners and posted on the property on November 20, 2020. One oral public comment was received at the Zoning Commission public hearing in opposition to the amendment. Concern on the possible character of development following the change in zoning was the primary concern. No written comments have been received to date. Any comments will be forwarded to the City Commission. APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING Adopted Growth Policy Designation: The property has two growth policy designations: Urban Neighborhood and Community Commercial Mixed Use. The Urban Neighborhood category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single type of housing are discouraged. In limited instances, an area may develop at a lower gross density due to site constraints and/or natural features such as floodplains or steep slopes. Complementary uses such as parks, home-based occupations, fire stations, churches, schools, and some neighborhood-serving commerce provide activity centers for community gathering and services. The Urban Neighborhood designation indicates that development is expected to occur within municipal boundaries. This may require annexation prior to development. Applying a zoning district to specific parcels sets the required and allowed density. Higher density residential areas are encouraged to be, but are not required or restricted to, proximity to commercial mixed use areas to facilitate the provision of services and employment opportunities without requiring the use of a car. The Community Commercial Mixed Use category promotes commercial areas necessary for economic health and vibrancy. This includes professional and personal services, retail, education, health services, offices, public administration, and tourism establishments. Density is expected to be higher than it is currently in most commercial areas in Bozeman and should include multi-story buildings. Residences on upper floors, in appropriate circumstances, are encouraged. The urban character expected in this designation includes 146 Staff Report for the Norton Ranch 2020 Zone Map Amendment Page 16 of 18 urban streetscapes, plazas, outdoor seating, public art, and hardscaped open space and park amenities. High density residential areas are expected in close proximity. Developments in this land use area should be located on one or two quadrants of intersections of the arterial and/or collector streets and integrated with transit and non- automotive routes. Due to past development patterns, there are also areas along major streets where this category is organized as a corridor rather than a center. Although a broad range of uses may be appropriate in both types of locations, the size and scale is to be smaller within the local service areas. Building and site designs made to support easy reuse of the building and site over time is important. Mixed use areas should be developed in an integrated, pedestrian friendly manner and should not be overly dominated by any single use. Higher intensity uses are encouraged in the core of the area or adjacent to significant streets and intersections. Building height or other methods of transition may be required for compatibility with adjacent development. Smaller neighborhood scale areas are intended to provide local service to an area of approximately one half-mile to one mile radius as well as passersby. These smaller centers support and help give identity to neighborhoods by providing a visible and distinct focal point as well as employment and services. Densities of nearby homes needed to support this scale are an average of 14 to 22 dwellings per net acre. Proposed Zoning Designation and Land Uses: The applicant has requested three zoning districts: R-5 (Residential Mixed-Use High Density), REMU (Residential Emphasis Mixed Use), and B-2M (Community Business Mixed-Use). The R-5 district provides for high-density residential development through a variety of compatible housing types and residentially supportive commercial uses in compact, walkable areas to serve the needs of the community’s residents. Single and multi-household dwellings are allowed, along with offices and small-scale retail and restaurants as secondary uses. This district is appropriate for areas adjacent to mixed-use districts and/or served by transit. The REMU district provides for mixed-use areas with options for a variety of housing, employment, retail, and neighborhood services. The emphasis is on residential use with all types of housing; a variety of neighborhood scale commercial and civic uses; a vertical and horizontal mix of uses, and compact, walkable neighborhoods. The B2-M district is intended to function as a vibrant mixed-use district that accommodates substantial growth and enhances the character of the City. It provides for a range of commercial uses serving the immediate area and broader trade area and encourages the integration of multi-household residential as a secondary use. Design standards emphasizing pedestrian oriented design are important elements of this district. Use of this zone is appropriate for arterial corridors, commercial notes, and/or areas served by transit. 147 Staff Report for the Norton Ranch 2020 Zone Map Amendment Page 17 of 18 148 Staff Report for the Norton Ranch 2020 Zone Map Amendment Page 18 of 18 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF Applicant/ Owner: Norton Properties, LLC 63026 NE Lower Meadow Dr. #200 Bend, OR 97701 Representative: Greg Stratton, Kidday & Stratton 2880 Technology Boulevard West Bozeman, MT 59718 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 Zone Map Amendment. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Application materials 149 150 151 152 153 154 155 156 Norton Ranch Planning Zone Map Amendment August 2020 PROJECT SITE 157 August 2020 2 ZMA: Norton Ranch Planning Table of Contents 1. Application Forms & Checklists (Applications included in Appendix B - Zone Map Amendment (ZMA) Application, A1 Development Review Application, & N1 Noticing Materials) 2. Project Team 3. Narrative I. Project Overview II. Response to Zone Map Amendment Approval Criteria III. Response to Spot Zoning Criteria Appendices Appendix A: Legal Description and Associated Attachment Appendix B: Application Forms Appendix C: Exhibits Exhibit A: Vicinity Map Exhibit A.2: Site Survey Exhibit B: Current Zoning Map Exhibit C: Future Land Use Designation Exhibit D: Proposed Future Land Use Map Designation Exhibit E: Requested Zoning Appendix D: Wastewater Analysis Exhibit A: Phase Exhibit Exhibit B: Phase Exhibit Wastewater Collection System Agreement Appendix E: Norton Ranch Phase 4 Final Plat 158 August 2020 3 ZMA: Norton Ranch Planning 1. Application Forms & Fees Attached please find the A1, ZMA, and N1 forms for the Norton Ranch Planning Zone Map Amendment (ZMA) application. The calculated fee totals is outlined below. COMPONENT FEE QUANTITY TOTAL ZMA Base Fee $1,995.00 1 $1,995.00 Scaled Fee per Acre $58 84.47 $4,899.26 TOTAL $ 6,894.26 159 August 2020 4 ZMA: Norton Ranch Planning 2. Project Team APPLICANT Kilday & Stratton Greg Stratton 2880 Technology Boulevard West Bozeman, MT 59718 p. 406.577.2028 REPRESENTITIVE Kilday & Stratton Greg Stratton 2880 Technology Boulevard West Bozeman, MT 59718 p. 406.577.2028 PROJECT CONSULTANTS PLANNING Intrinsik Architecture, Inc. 111 N. Tracy Avenue Bozeman, MT 59715 p. 406.582.8988 SURVEYING C & H Engineering 1091 Stoneridge Drive Bozeman, MT 59718 p. 406.587.1115 160 August 2020 5 ZMA: Norton Ranch Planning 3. Narrative I. Project Overview The Applicant is requesting rezone several properties within and adjacent to the Norton East Ranch subdivision along the western City boundary. The properties cover 84.47 gross acres, bounded along the south by Huffine Lane (principal arterial). The subject properties include Blocks 13 and 14, and Lots R2A and R4 as shown on the Norton East Ranch Subdivision Phase 4 Final Plat (Appendix E). The applicant is requesting the following Zone Map Amendments for this location: • Rezone Lot R2A of the Norton Ranch Subdivision Phase 4 from R-3 (Residential Medium Density) to R-5 (Residential Mixed-Use High Density) to total gross area approx. 8.73 acres; • Rezone Blocks 13 and 14 and a portion of Lot R4 from R-O (Residential-office) to REMU (Residential Emphasis Mixed-use), gross area approx. 3.16 acres; & • Rezone the balance of Lot R-4 from R-O and BP (Business Park) to B-2M (Community Business District-mixed), gross area approx. 65.71 acres. This rezone request demonstrates a vision for these properties, one that aligns with Bozeman’s Unified Development Code (UDC) and Montana Code Annotated (MCA) Rezone Map Amendment approval criteria. The proposed zones offer additional options for creative community design and neighborhood development, and the application narrative below lays out this reasoning. II. Responses to ZMA Approval Criteria Below are responses to the ZMA approval criteria (Section 76-2-304, MCA) that address how the project relates to and meets the criteria outlined for the approval of a zone change. A. Is the new zoning designed in accordance with the growth policy? Response: This criterion has been met. The draft Growth Policy Future Land Use Map designates this area as Community Commercial Mixed Use (CCMU) (*In the event that the proposed Growth Policy submitted concurrently with is not adopted prior to review of the ZMA application, a Growth Policy Amendment has been 161 August 2020 6 ZMA: Norton Ranch Planning submitted concurrent with this application consistent with this designation). This application shows how the proposed ZMA aligns with the effective Community Plan (2009). Should the date the draft update to the Growth Policy be adopted by City Commission before this application is deemed adequate for additional review, the applicant will update this submittal to reflect the updated plan. The area to be rezoned includes extensive frontage along Huffine Lane, a principal arterial. The land use pattern that can be created on such an ideally served parcel would be able to support a wide range of uses. These include restaurants, retail, offices, mixed-use development, and residential units at higher densities, all within existing Bozeman service boundaries and developed in close proximity to facilitate the provision of services and employment opportunities to persons without requiring the use of an automobile. Artisan manufacturing and other economic drivers are also envisioned. This mix of development at densities appropriate for a growing urban area is therefore grounded on tenets of the Growth Policy. Moreover, the zoning mix proposed through this application fosters flexibility to address both current market trends and long term land use goals for the subject property. The proposed zoning represent a comprehensive vision for this area, one built on a center based development pattern that will provide for more efficient use of the land. By providing the proposed range of zones, neighborhood development can occur more naturally. Commercial and office uses can be located near, but buffered from, existing residential development. Moreover, this collocation offers additional opportunities for site development under the new zoning to benefit community and neighborhood development and sustainability. Sidewalks, parks, and other public improvements will be required for future development, and will invariably benefit the general welfare of the community. The requested zoning of the R-5 for Lot R2A is in accordance with the Residential Future Land Use Category assigned to this parcel. For the remaining areas covered in this ZMA, the requested B-2M and REMU zones are in accordance with the Community Commercial Mixed Use FLUM designation (as shown in the GPA application submitted concurrently with this application). The proposed zoning also 162 August 2020 7 ZMA: Norton Ranch Planning advances the seven land use principles identified in the Growth Policy, with deliberate attention paid to the promotion of neighborhood character and sense of place. The Growth Policy includes several goals and objectives that are broadly served through this application, including: Land Use Goal - 1: Create a sense of place that varies throughout the City, efficiently provides public and private basic services and facilities in close proximity to where people live and work, and minimizes sprawl. Land Use Objective - 1:4 Provide for and support infill development and redevelopment which provides additional density of use while respecting the context of the existing development which surrounds it. Respect for context does not automatically prohibit difference in scale or design.. Land Use Goal - 2: Designate centers for commercial development rather than corridors to encourage cohesive neighborhood development in conjunction with non -motorized transportation options. Land Use Objective - 2.1: Locate high density community scale service centers on a one mile radius, and neighborhood service centers on a one-half mile radius, to facilitate the efficient use of transportation and public services in providing employment, residential, and other essential uses. Land Use Objective - 4.6: All mixed use areas should be developed on a grid of connectivity, including streets, alleys, driveways, and parking areas that contain multimodal facilities and a high level of connectivity to adjacent development. Shared use, underground, or other structured parking is recommended to reduce surface parking area. Land Use Objective - 4.8: Promote the efficient use of water, energy, land, human resources, and natural resources and protect water supply quantity and quality. Community Quality Goal - 1: Human Scale and Compatibility - Create a community composed of neighborhoods designed for the human scale and compatibility in which the streets and buildings are properly sized within their 163 August 2020 8 ZMA: Norton Ranch Planning context, services and amenities are convenient, visually pleasing, and properly integrated. Community Quality Objective - 1.3: Support compatible infill within the existing area of the City rather than developing land requiring expansion of the City’s area. Community Quality Goal - 3: New neighborhoods shall be pedestrian oriented, contain a variety of housing types and densities, contain parks and other public spaces, have a commercial center and defined boundaries. Economic Development Goal - 1: Promote and encourage the continued development of Bozeman as a vital economic center. Economic Development Objective - 1.1: Support business creation, retention, and expansion. Emphasize small businesses, ‘green’ businesses, and e- businesses. Economic Development Objective - 2.4: Foster a diverse economy that will protect the economic climate for existing businesses and maintain opportunities for business expansion. Housing Goal - 1: Promote an adequate supply of safe, quality housing that is diverse in type, density, cost, and location with an emphasis on maintaining neighborhood character and stability. Housing Objective - 1.1: Encourage and support the creation of a broad range of housing types in proximity to services and transportation options. Housing Objective - 1.2: Promote the provision of a wide variety of housing types in a range of costs to meet the diverse residential needs of Bozeman residents. Housing Objective - 1.1: Recognize the role of housing in economic development. Housing Goal - 2: Promote the creation of housing which advances the seven guiding land use principles of Chapter 3. B. Will the new zoning secure safety from fire and other dangers? Response: This criterion has been met. The subject property is currently located within the jurisdiction of the City of Bozeman Fire and Police Departments, and the 164 August 2020 9 ZMA: Norton Ranch Planning service area of American Medical Response ambulances. The property is located just over two miles from the Bozeman Fire Department Station 2. Police patrols already cover the Norton East Ranch Subdivision and along Huffine Lane. Site and building development will be in compliance with municipal standards, including but not limited to stormwater controls, building codes, water and sewer systems, and nuisance controls to help secure all future development from fire and other dangers. C. Will the new zoning promote public health, public safety and general welfare? Response: This criterion has been met. The requested zoning amendments will implement the future land use map in the Bozeman Community Plan, described above, and therefore will promote the general welfare. This area, due to its proximity to principal arterials and adjacent residential areas and parklands, has multiple elements conducive to public health, safety, and the general welfare. Further encouragement of non-automotive uses are made possible by creating commercial and employment options in adjacency to residential areas. The new zoning also represents a public safety oriented approach for future site development, buffering more intense commercial development along Huffine Lane from established residential neighborhoods within the Norton Ranch Each Subdivision. Design consistent with each of the proposed zones allows for a scalable and cohesive neighborhood pattern to unfold through future development, such as the construction of public and site improvements (i.e. expansion of the sidewalk and multi-modal network, additional parkland/open space, etc). Additionally, the provisions of the UDC as well as applicable building codes will be applied to future site buildout to promote public health, safety and general welfare on a project by project basis for this site. D. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? Response: This criterion has been met. The project site lies within the sewer, storm water, and water facility plan boundaries. Public transportation, water, sewerage, schools, parks and other public requirements are available onsite or in 165 August 2020 10 ZMA: Norton Ranch Planning proximity to the site. Moreover, required public improvements will allow for increased connectivity, including incremental additions of sidewalks and public improvements providing pedestrian access and non-automotive transit options that encourage connectivity to adjacent neighborhoods, shopping, and parks. All future development of the property will meet the public requirements as specified in the applicable City standards. City water and sewer lines are already located adjacent to or within the proposing zoning boundaries. All development will be required to create sufficient parks and recreation facilities (or make a payments in-lieu). Future applications for subdivision and site plan review will specify how they meet public requirements necessary to serve this development. Adequate provision of services will be necessary to allow for future construction approval. E. Will the new zoning provide reasonable provision of adequate light and air? Response: This criterion has been met. Bozeman’s UDC contains prescriptive form and intensity standards for structural setbacks, height limits, lot coverage, setbacks, landscaping and buffers, and maximum lot coverage, each of which contribute to the reasonable provision of adequate light and air. Any future development of the property will be required to conform to building requirements and City standards for setbacks, height, lot coverage, and buffering which ensure that residents have an adequate amount of light and air. Open spaces, in addition to parks, are required with all future development and will be addressed during applications. F. Will the new zoning have an effect on motorize and non-motorized transportation systems? Response: This criterion has been met. Future development offers the ability to modernize and streamline multi-modal transit options, including pedestrian connections and bicycle routes. Although the proposed zone change brings the potential of increased traffic, its proximity to major thoroughfares (e.g. Huffine Line) allow for the dispersion of traffic through the transit network. Moreover, future site development will create additional site infrastructure to serve the needs of the motorized and non-motorized site users. All future development will be in 166 August 2020 11 ZMA: Norton Ranch Planning compliance with the UDC and applicable engineering standards. Additionally, subsequent submittals will include appropriate traffic impact analysis that include review of current and future transportation capacity. The installation of required road improvements will further offset negative traffic impacts. G. Does the new zoning promote compatible urban growth? Response: This criterion has been met. Compatibility with the Growth is a fundamental tenet for review of the proposed ZMA. The City of Bozeman has adopted a variety of standards to ensure compatibility. Compatible development and Compatible land use are defined in within the Unified Development Code as follows: • Compatible Development - The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and objectives of the city's adopted growth policy. Elements of compatible development include, but are not limited to, variety of architectural design; rhythm of architectural elements; scale; intensity; materials; building siting; lot and building size; hours of operation; and integration with existing community systems including water and sewer services, natural elements in the area, motorized and non-motorized transportation, and open spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design, density or use. • Compatible Land Use - A land use which may by virtue of the characteristics of its discernible outward effects exist in harmony with an adjoining land use of differing character. Effects often measured to determine compatibility include, but are not limited to, noise, odor, light and the presence of physical hazards such as combustible or explosive materials.” The term “compatible development” denotes many elements that identify compatibility. It is also important to note that the definition does not require uniformity of the development pattern or design. The proposed zoning districts advanced in this application represent a scaled approach to future development at 167 August 2020 12 ZMA: Norton Ranch Planning this site. Abutting the current residential neighborhood of Norton Ranch East would be R-5 and REMU zones, both of which are predominately defined by residential uses. The proposed REMU, for example, is required to have at least 70% of its total square footage allocated to residential uses. Both zones will be used to buffer the residential neighborhood from denser commercial development along Huffine Lane. The designation of a portion of this site as B-2M offers additional design flexibility to promote quality, compatible development that adjacent to the proposed R-5 and REMU zones. The flexibility offered by B-2M zoning will allow the site to respond to and meet the demands of the surrounding neighborhoods, providing complimentary retail, commercial uses, offices, and restaurants to serve the needs of the community of West Bozeman. Regardless of zone, all future design and construction will be compatible with the UDC site and design standards, further ensuring compatibility for this site. H. Does the new zoning promote the character of the district? Response: This criterion has been met. The character of any zoning district is not remain unchanged by future development, however such development should promote the character of the district as defined in the Growth Policy (Community Plan) The zoning proposed through this application has been shown to be in accordance with the effective Growth Policy (see the response to Criteria A , above). Moreover, the Growth Policy details which land use categories are authorized to implement each zoning district. This document identifies the REMU and B-2M as authorized zones within the CCMU land use category, while R-5 is allowed in the Residential land use category. These land use designations and their accompanying implementing zoning do require development to unfold in a particular manner. Therefore, the new zoning is in accordance with the Growth Policy goals and objectives, and the Future Land Use Map (Please see Appendix C Exhibit D). Taken as a whole, this indicates that the proposal will promote the character of the district as required. As noted in Criterion G above, this application shows conformance with the City’s definition of compatible development. The scaling of the proposed zone from one of 168 August 2020 13 ZMA: Norton Ranch Planning a residentially oriented future development pattern adjacent to Norton East Ranch Subdivision (i.e. the proposed R-5 and REMU zones) will ensure the character of the developed areas north of these proposed zone changes will be protected. Finally, the City has adopted many standards within the Unified Development Code to identify and mitigate demonstrable negative impacts of future development. These support the ability of future development within each of the proposed zones to be reviewed for compatibility at the time development is proposed. As the areas adjacent to the site are not fully developed, the character of the area has not yet been fully realized. I. Does the new zoning address the affected area’s peculiar suitability for particular uses? Response: This criterion has been met. The property is generally flat with existing access to public utilities and municipal services. Please refer to Appendix D for a wastewater analysis demonstrating adequate access to services. Future development of the site will enable development of important connection points for the transportation systems. The site is capable of supporting a diverse array of uses, and the proposed zones demonstrate a preferable arrangement of these possible future uses. Commercial and retail uses are imagined adjacent to Huffine Lane. Moving north through the site, offices and mixed uses will provide a buffer from these more intense commercial areas. Residential and mixed-use buildings are imagined abutting the Norton East Ranch Subdivision, at densities suitable for the neighborhood and for a developing urban community. The proposed R-5 Zoning District is appropriate for this location and allows for the construction of additional housing more affordably and at higher densities. The proposed REMU Zoning District is suitable for the site given the surrounding existing residential development and current access to city services and facilities. Finally, the proposed B-2M Zoning District will encourage support services and employment opportunities that correspond to possible uses within the site and between adjacent sites. J. Was the new zoning adopted with a view to conserving the values of 169 August 2020 14 ZMA: Norton Ranch Planning buildings? Response: This criterion has been met. The property currently has a small number agricultural and associated residential structures located on approximately two acres on the southwest corner of the site. These structures are included in a portion of the proposed B-2M zone. While these structures are unlikely to remain as a component of site redevelopment, future B-2M buildings will likely include design features that express the values of the site’s agricultural heritage. The balance of the site does not contain any additional structures. K. Does the new zoning encourage the most appropriate use of land throughout the jurisdictional area? Response: This criterion has been met. For the portion of the subject property to be rezoned to R-5, the proposed zone is in accordance with the Growth Policy “Residential” land use designation. The concurrent Growth Policy Amendment (or adoption of the City’s draft Growth Policy update) will allow those portions of the site to be rezoned to B-2M and REMU to demonstrate that these zones will encourage the most appropriate future use of land (please see Appendix C Exhibits: C&D). All of the proposed designations will allow for higher residential and commercial densities on an sizable area in a growing section of the City. The City is in need of additional housing and retail/commercial services in proximity to established residential uses to accommodate demand and meet additional community needs. The growth policy contains numerous goals and objectives that are supported by the ZMA, described in the response to Criteria A (above). The proposed R-5 and REMU zoning enables increased density and services in an area of the community with limited services available within convenient distances. The B-2M zoning offers an opportunity to create right-sized commercial development adjacent to a critical transit corridor, while providing for additional site design flexibility (i.e. lower parking requirements). It is for these reasons that the new zoning encourage the most appropriate uses of land at this site. 170 August 2020 15 ZMA: Norton Ranch Planning IV. Response to Spot Zoning Criteria A. Are the requested zoning designation and potential uses significantly different from the prevailing uses in the area? Response: No, therefore this criterion has been met. The large majority of the site is undeveloped, however the northern boundary lies adjacent to developed residential land uses. The southern boundary is bounded by Huffine Lane, a principal arterial, with the parcels located south of Huffine Lane used predominantly for agricultural uses. Agriculture uses are the predominate land use to the east, while to the west lies an undeveloped parcel that lies within the B-2 Zoning District. Bozeman’s Zoning District’s have been purposefully developed to include a variety of uses within each district. This encourages diverse development and avoids concentrations of a single use, however residential uses and mixed-use development will be the primary uses established adjacent to the existing Norton Ranch East Subdivision. Future development of the site in compliance with all of the proposed Zoning District designations will not alter the prevailing uses in the area. Moreover, such development would not be inherently different than what is allowed under the current site zoning of R-3, R-O, and BP. B. Does the requested zoning designation benefit a small area and only one or a few landowners, or does the requested zoning benefit the surrounding neighborhood, community and general public? Response: This criterion has been met. As described in Criterion A above, the amendment advances the overall policies of the Bozeman Community Plan (Growth Policy). It follows that alignment with the Plan shows that the requested zoning would therefore benefit the community and the general welfare. The proposed zoning does not inhibit the potential on adjacent properties, not exclusively benefit the landowner. C. Is the requested zoning designation compatible with the zoning district’s plan or is it special legislation designed to benefit only one or a few landowners at the expense of the surrounding land owners? 171 August 2020 16 ZMA: Norton Ranch Planning Response: This criterion has been met. While it is conceivable that the landowner will benefit from the proposed zone map amendment, this amendment does not come at the expense of surrounding landowners or the general public. No substantial negative impacts resulting from this zone map amendment have been identified. The new development will provide additional affordable housing and parks, both of which will benefit the general public. New transportation links and public infrastructure improvements are also likely to contribute to the community as a whole. As has been shown, the application is consistent with the growth policy. Here again, the Community Plan is the overall land use policy for the City and consistency with the Plan demonstrates benefit to the general public. This request is also consistent with the existing and supposed future character of the area, further evidence that the amendment does not benefit the landowner at the expense of others. Future site development will change the character of the site from its current state, however the change in zoning does not specifically cause harm to the surrounding landowners. 172 August 2020 17 ZMA: Norton Ranch Planning APPENDICES 173 174 175 176 177 178 Memorandum REPORT TO: City Commission FROM: Chris Saunders, Community Development Manager Martin Matsen, Community Development Director SUBJECT: Ordinance 2059, Provisional Adoption of Bozeman Cohousing Text Amendment, to Create a New Residential Type, Apartment Building, Limited, Establish Standards for the Type, and Assign it to Specific Zoning Districts MEETING DATE: January 5, 2021 AGENDA ITEM TYPE: Ordinance RECOMMENDATION: Recommended 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 20195 and move to approve the Bozeman Cohousing Text Amendment and provisionally adopt Ordinance 2059. STRATEGIC PLAN: 4.1 Informed Conversation on Growth: Continue developing an in-depth understanding of how Bozeman is growing and changing and proactively address change in a balanced and coordinated manner. BACKGROUND: A privately initiated proposal to create a new residential use, Apartment Building, Limited. The intent is to add additional flexibility in site and home configuration while remaining consistent in mass and scale with the residential uses already allowed. This is accomplished by allowing a greater number of homes in a specific building but restricting the maximum floor area of dwellings and common spaces. An Apartment Building, Limited may be an individual building on an individual lot or may be part of a larger development project. The history, rationale, and analysis of the proposed standards is included in Appendix A of the attached staff report. UNRESOLVED ISSUES: None ALTERNATIVES: 1. Provisional adoption of the ordinance with modifications to the recommended ordinance; 2. Denial of the ordinance based on findings of non-compliance with the applicable criteria contained within the staff report; or 3. Open and continue the public hearing on the application, with specific direction to staff to supply additional information or to address specific items. 179 FISCAL EFFECTS: None Attachments: 20195 Ord 2059 Bozeman Cohousing ZCA - CC report.docx 20195 Ordinance 2059 Bozeman Cohousing ZCA Provisional Adoption.docx 20195 Application Materials CC Packet.pdf 11-23-20 Public Comment - C. Maker - Bozeman Cohousing.pdf 11-23-20 Public Comment - V. Levy - Bozeman CoHousing Amendment to increase size of common area.pdf Report compiled on: December 16, 2020 180 Page 1 of 15 20195 Staff Report for the Bozeman Cohousing Text Amendment, Ordinance 2059 Public Hearings: Zoning Commission - November 23, 2020. City Commission – January 5, 2021. Project Description: Create a new residential type, Apartment Building, Limited, establish standards for the type, and assign it to specific zoning districts. Project Location: Applicable in the R-3, R-4, R-5, and R-O zoning districts. Recommendation: Meets standards for approval. 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 20195 and move to recommend approval of the Bozeman Cohousing Text Amendment, with contingencies required to complete the application processing. Recommended City 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 20195 and move to approve the Bozeman Cohousing Text Amendment and provisionally adopt Ordinance 2059. Report: December 16, 2020 Staff Contact: Chris Saunders, Community Development Manager Agenda Item Type: Action - Legislative EXECUTIVE SUMMARY This report is based on the application materials submitted and public comment received to date. Unresolved Issues None. Project Summary A privately initiated proposal to create a new residential use, Apartment Building, Limited. The intent is to add additional flexibility in site and home configuration while remaining consistent in mass and scale with the residential uses already allowed. This is accomplished 181 Staff Report for the Bozeman Cohousing Text Amendment Page 2 of 15 by allowing a greater number of homes in a specific building but restricting the maximum floor area of dwellings and common spaces. An Apartment Building, Limited may be an individual building on an individual lot or may be part of a larger development project. The history, rationale, and analysis of the proposed standards is included in Appendix A of this staff report. Strategic Plan 4.1 Informed Conversation on Growth Continue developing an in-depth understanding of how Bozeman is growing and changing and proactively address change in a balanced and coordinated manner. Zoning Commission The Zoning Commission held their public hearing on November 23, 2020. After hearing from the Staff and Applicant, the Zoning Commission asked questions on the impact of size caps, how size caps were chosen, predictability of zoning, and how the proposed amendment as a whole fits into the community. Seven persons offered public comment. Most commenters expressed support for the amendment as submitted by the Applicant. The Zoning Commission video is available at https://media.avcaptureall.com/session.html?sessionid=371be454-ef54-4595-bf43- c27367d0499d&prefilter=654,3835. The Bozeman Cohousing Text Amendment begins at 15:35 in the recording. Public comment begins at 1:09:00 in the recording. After closing the public comment and follow up questions by Zoning Commission members, a motion was made to recommend approval of the application as submitted by the Applicant. Issues of predictability of zoning, fit with existing development, flexibility in the code, and size cap on Common Interior Spaces were discussed. Motion failed on vote of 2-2. Motion and discussion begins at 1:22:25 in the recording. A second motion was made to recommend approval of the application with revisions as suggested by staff. The size cap for Common Interior Spaces was discussed. Motion passed on vote of 4-0. Motion and discussion begins at 1:41:40 in the recording. Alternatives 1. Provisional adoption of the ordinance with modifications to the recommended ordinance; 3. Denial of the ordinance based on findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing on the application, with specific direction to staff to supply additional information or to address specific items. 182 Staff Report for the Bozeman Cohousing Text Amendment Page 3 of 15 TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 1 Unresolved Issues ............................................................................................................... 1 Project Summary................................................................................................................. 1 Strategic Plan ...................................................................................................................... 2 Zoning Commission............................................................................................................ 2 Alternatives......................................................................................................................... 2 SECTION 1 - MAPS ................................................................................................................ 4 SECTION 2 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 5 SECTION 3 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS....................... 5 PROTEST NOTICE FOR ZONING AMENDMENTS ........................................................... 9 APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND.............. 10 APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 15 APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF............................ 15 FISCAL EFFECTS................................................................................................................. 15 ATTACHMENTS................................................................................................................... 15 183 Staff Report for the Bozeman Cohousing Text Amendment Page 4 of 15 SECTION 1 - MAPS Map of the Zoning Districts Affected by the Proposed Amendment 184 Staff Report for the Bozeman Cohousing Text Amendment Page 5 of 15 SECTION 2 - RECOMMENDATION AND FUTURE ACTIONS Having considered the criteria established for a text amendment, the Staff recommends approval as submitted. The Zoning Commission held a public hearing on this ZMA on November 23, 2020 at 6 pm. They recommend approval to the Commission on the text amendment. The City Commission will hold a public hearing on the text amendment on January 5, 2021. The meeting will begin at 6 p.m. SECTION 3 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications for approval under this title, the advisory boards and City Commission must consider the following criteria (letters A-K). As an amendment is a legislative action, the Commission has broad latitude to determine a policy direction. The burden of proof that the application should be approved lies with the applicant. A zone text amendment must be in accordance with the growth policy (criteria A) and be designed to secure safety from fire and other dangers (criteria B), promote public health, public safety, and general welfare (criteria C), and facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a text amendment the Commission must find Criteria A-D are met. In addition, the Commission must also consider criteria E-K, and may find the text amendment to be positive, neutral, or negative with regards to these criteria. To approve the zone text amendment, the Commission must find the positive outcomes of the amendment outweigh negative outcomes for criteria E-K. In determining whether the criteria are met, Staff considers the entire body of regulations for land development. Standards which prevent or mitigate negative impacts are incorporated throughout the entire municipal code but are principally in Chapter 38, Unified Development Code. Section 76-2-304, MCA (Zoning) Criteria A. Be in accordance with a growth policy. Yes. The Bozeman Community Plan 2020, Chapter 5, p. 73, in the section titled Review Criteria For Zoning Amendments And Their Application, discusses how the various criteria in 76-2-304 MCA are applied locally. Application varies depending on whether an amendment is for the zoning map or for the text of Chapter 38, BMC. “In a text amendment, policy statements weigh heavily as the standards being created or revised implement the growth policy’s aspirations and intent. The City must balance many issues in approving urban development.” 185 Staff Report for the Bozeman Cohousing Text Amendment Page 6 of 15 The proposed amendment does not change the zoning map. Therefore, it is unnecessary to analyze compliance with the future land use map. Several relevant goals and objectives have been identified by applicant or staff. No points of conflict with the text of the growth policy have been identified. “N-1.1 Promote housing diversity, including missing middle housing.” The growth policy defines missing middle housing in Appendix F. “Missing Middle Housing. Missing middle housing is housing constructed in buildings which are of a size and design compatible in scale and form with detached individual homes. Example housing types include duplex, triplex, live-work, cottage housing, group living, row houses, townhouses, horizontally layered apartments, flats, and other similar configurations.” The proposed amendment provides an additional configuration of housing in zoning districts already authorizing multiple forms of attached homes. Therefore, opportunity for housing diversity is increased. The amendment does not address missing middle housing as defined in the growth policy as the definition focuses on scale and form associated with detached individual homes. However, it does address constraining mass and scale to be consistent with the built form allowed within the R-3 district. Therefore, although a strict application of the definition is not addressed the general principle of housing diversity and compatibility of mass and scale is. “N-1.11 Enable a gradual and predictable increase in density in developed areas over time.” The proposed amendment provides limited opportunities to reconfigure existing sites to a greater number of homes. This would likely only occur where the site is configured in such a way that two separated buildings don’t meet standards, but a more consolidated building would be able to satisfy setbacks or other applicable standards. Since this is more likely to result in creation of smaller sized individual homes within a single building the number of homes may increase but the mass and scale of the buildings and associated parking will be restrained. “Goal N-3: Promote a diverse supply of quality housing units.” The proposed amendment provides an additional opportunity to configure homes. The associated standards encourage shared common spaces in a manner different than other existing configurations. This increases the potential diversity of homes within the community. “Goal N-4: Continue to encourage Bozeman’s sense of place.” 186 Staff Report for the Bozeman Cohousing Text Amendment Page 7 of 15 “N-4.1 Continue to recognize and honor the unique history, neighborhoods, neighborhood character, and buildings that contribute to Bozeman’s sense of place through programs and policy led by both City and community efforts.” The zoning districts affected by this amendment comprise a substantial portion of the total residential zoning in the community. See the map in Section 1 of this report. A large portion of the area has already been developed both inside and outside of the Neighborhood Conservation Overlay District. The standards for the proposed new housing configuration constrain the maximum size and scale of the building to what is generally already allowed. This enables greater flexibility in design and number of homes while limiting impacts on adjacent properties and character of already developed neighborhoods. As shown in the discussion in Appendix A, there are a range of townhouse sizes that have been constructed in the community over the past two years. Townhouses are seen as the closest reasonable proxy for the massing and scale of the new proposal. The proposed standard is consistent with the mass and scale of buildings that have been constructed. It is noted that few existing projects in the R-3 districts have constructed buildings to the maximum mass and scale allowed by the existing zoning. B. Secure safety from fire and other dangers. Yes. The proposed amendment does not alter any standard adopted to address this criterion. Therefore, the code as a whole continues to satisfy this requirement. C. Promote public health, public safety, and general welfare. Yes. The proposed amendment does not alter any standard adopted to address this criterion. Therefore, the code as a whole continues to satisfy this requirement. D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. Yes. The City conducts extensive planning for municipal transportation, water, sewer, parks, and other facilities and services provided by the City. The adopted plans allow the City to consider existing conditions and identify enhancements needed to provide additional service needed by new development. The City implements these plans through its capital improvements program that identifies individual projects, project construction scheduling, and financing of construction. As stated in 38.300.020.C, the designation of a zoning district does not guarantee approval of new development until the City verifies the availability of needed infrastructure. Likewise, mere listing of a use within a zoning district does not guarantee approval. All zoning districts in Bozeman enable a wide range of uses and intensities. At time of future subdivision or site plan review the need for individual services can be more precisely determined. No subdivision or site plan is approved without demonstration of adequate capacity. 187 Staff Report for the Bozeman Cohousing Text Amendment Page 8 of 15 38.300.020.C, “Placement of any given zoning district on an area depicted on the zoning map indicates a judgment on the part of the city that the range of uses allowed within that district are generally acceptable in that location. It is not a guarantee of approval for any given use prior to the completion of the appropriate review procedure and compliance with all of the applicable requirements and development standards of this chapter and other applicable policies, laws and ordinances. It is also not a guarantee of immediate infrastructure availability or a commitment on the part of the city to bear the cost of extending services.” The proposed amendment does not modify any standard adopted to implement this criterion. Therefore, the code as a whole continues to meet this criterion. E. Reasonable provision of adequate light and air. Yes. The proposed amendment affects the mass and scale of the building. The amendment does not alter maximum building heights, required setbacks, park dedication requirement, required open space or other related standards. The limitations of maximum building size constrain the total impact of development. Therefore, there is no appreciable effect on this criterion. F. The effect on motorized and non-motorized transportation systems. Neutral. The proposed amendment affects mass and scale of the building. The amendment does not change the total density of allowed housing as the same lot area per dwelling is required as for other types of housing. The amendment does not alter standards for streets, sidewalks, bike facilities or other transportation systems. Therefore, there is no appreciable effect on this criterion. G. Promotion of compatible urban growth. Yes. See the discussion under Criterion H. The amendment provides for an alternative shape of housing. The compatibility of uses is addressed through the future land use map designation of uses. The implementing districts are placed in compliance with the future land use map. If the uses are compatible within individual districts then they will also be compatible as the community expands inwards or outwards. H. Character of the district. Yes. Section 76-2-302, MCA says “…legislative body may divide the municipality into districts of the number, shape, and area as are considered best suited to carry out the purposes [promoting health, safety, morals, or the general welfare of the community] of this part.” Emphasis added. As noted above, the City Commission has latitude in considering the geographical extents of a zoning district. They also have latitude in assigning uses, setbacks, and other character contributing elements of zoning standards within districts. The City strives to enable diverse but compatible development within and between zoning districts. 188 Staff Report for the Bozeman Cohousing Text Amendment Page 9 of 15 The City defines compatible development as: “The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and objectives of the city's adopted growth policy. Elements of compatible development include, but are not limited to, variety of architectural design; rhythm of architectural elements; scale; intensity; materials; building siting; lot and building size; hours of operation; and integration with existing community systems including water and sewer services, natural elements in the area, motorized and non-motorized transportation, and open spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design, density or use.” The City has adopted many standards to identify and avoid or mitigate demonstrable negative impacts of development. These standards include mass and scale limitations which vary by zoning districts. The proposed new use of Apartment Building, Limited is a combination of use (homes) and restrained mass and scale to be similar to other configurations of homes which are already included in the affected zoning districts. These will support the ability of future development to be compatible with adjacent development and uphold the residential character of the area. I. Peculiar suitability for particular uses. Yes. All of the affected zoning districts allow for multi-home structures. All have mass and scale controls. The proposed use is residential as is the primary use of all affected zoning districts. Therefore, the proposal is consistent with the basic purpose and character of the affected zoning districts. J. Conserving the value of buildings. Yes. The use is consistent with existing uses in affected district. The mass and scale standards are consistent with existing standards. Therefore, there should be no negative impacts on adjacent buildings. K. Encourage the most appropriate use of land throughout the jurisdictional area. Yes. The proposed amendment will only apply in areas zoned for residential uses. The affected zoning districts are implementing districts for the Urban Neighborhood future land use category. Therefore, the use is consistent with the primarily residential character of the Urban Neighborhood designated areas. 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 189 Staff Report for the Bozeman Cohousing Text Amendment Page 10 of 15 AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION. The City will accept written protests from property owners against the proposal described in this report until the close of the public hearing before the City Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property within the area affected by the proposal or by owner(s) of real property that lie within 150 feet of an area affected by the proposal. The protest must be in writing and must be signed by all owners of the real property. In addition, a sufficient protest must: (i) contain a description of the action protested sufficient to identify the action against which the protest is lodged; and (ii) contain a statement of the protestor's qualifications (including listing all owners of the property and the physical address), to protest the action against which the protest is lodged, including ownership of property affected by the action. Signers are encouraged to print their names after their signatures. A person may in writing withdraw a previously filed protest at any time prior to final action by the City Commission. Protests must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230. APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND A conceptual application for site development in the R-3 district was submitted. During the review the applicant discussed the standards and limits of the R-3 district. The applicant desired to include in the project buildings beyond that allowed by the present R-3 district. The Staff discussed the alternatives of a PUD or a text amendment to consider expanding the alternatives within the R-3 district. After consideration, the applicant submitted the amendment that is the subject of this report. The amendment proposes to add a new use, Apartment Building, Limits to the R-3, R-4, R-5, R-O zoning districts. The greatest impact is on the R-3 district where apartments are not presently allowed. The proposed expansion of the R-3 district allowed uses enables a greater flexibility in home design. Mass and scale remain similar (but not necessarily the same as) to what is presently being constructed in the R-3 district. Apartment buildings without the limitations of the proposed use are already allowed in the R-4, R-5, and R-O zoning districts. The initial application materials and a supplement from the applicant are attached. There are five components to the amendment potentially affecting different parts of the municipal code. After reviewing the proposed amendment Staff determined a simpler structure could be created to achieve the primary objectives of the amendment. The Staff and applicant have 190 Staff Report for the Bozeman Cohousing Text Amendment Page 11 of 15 worked to revise language to be mutually acceptable. The proposed text is in Ordinance 2059 attached to this report is mutually acceptable. Amendment Elements 1. Inclusion of the Apartment building, limited use to R3, R4, R5, and R-O zoning districts. 2. Lot area per dwelling requirement consistent with other similar dwelling types in the in the R4, R5, and RO zoning districts. 3. New use subject to the design standards of Article 38.5. The possible range of building configurations is large and the more nuanced review standards of Article 38.5 can better address those nuances. 4. Staff and Applicant agree to not create a definition of Common Interior Spaces in Article 38.7 but rather to include it directly in the development standards for Apartment Building, Limited established in proposed 38.360.070. 5. Overall building mass and scale limitations for the Apartment Building, Limited. Discussion of this item follows. As addressed in the beginning of the applicant’s narrative, the intent of the application was to be responsive to the general massing and scale of the R-3 zone while enabling additional flexibility in the configuration of homes. The initial application proposed a maximum living area of 10,000 square feet for a single Apartment Building, Limited and no numeric limitation on the amount of common interior spaces. The R-3 district presently authorizes up to four homes in a single building with no maximum length limit or a group of up to five townhouses or rowhouses so long as the townhouses or rowhouses do not exceed a length of 120 feet. See Table 38.310.030.A for the listing of uses by zoning district. In considering the maximum allowed size for the structure in this amendment several elements come into play: 1) Maximum length of 120 feet mirrors the existing standard for townhouse/ rowhouse in R-3. 2) Area of dwellings individually and in total 3) Area of common spaces shared by those who living in the dwellings 4) Use of the new use either as an individual building on one parcel of land or as part of a larger development. To evaluate these elements Staff looked at all the townhouse building permits issued from January 1, 2018 to November 10, 2020. Staff finds the townhomes as be best available mass and scale proxy for the proposed use. There were 165 building permits. Of that number 28 did not have garages included within the building. This does not mean they did not have a garage but that it was a detached structure not included with the building permit. Townhouses were located on 21 streets within the NW, SW, and core areas of the community. 191 Staff Report for the Bozeman Cohousing Text Amendment Page 12 of 15 Townhomes did not appear to include common interior spaces as described in the text amendment application. It is a common design feature of apartment complexes and site plans for larger groupings of homes to have some common spaces and buildings. Common buildings may provide for laundry facilities, mail delivery, leasing offices, or recreation facilities. Such common spaces may be included within a single building or for a larger complex may be free standing buildings. A review of the building permit data shows the following. There is a considerable range in home sizes, garage sizes, and a fairly tight similarity between the median and average sizes for living area and the combined living and garage area. The permitted townhouses were primarily market rate homes but included approximately 30 homes in three different developments that were designated as affordable housing. It is noted that the permitted townhomes are not the largest homes that could be constructed under the zoning in place now but what is actually occurring. Drawing from the data in Table 1, a size range for a five home grouping of townhomes spans 3,920 to 13,950 square feet of living area. For a combined area of living and garage the range is 3,920 to 15,700 square feet. Table 1 – Individual Dwelling and Garage Area Statistics Metric Area per home/garage in sq. ft. Minimum Living Area 784 Maximum Living Area 2,790 Median Living Area 1,705 Average Living Area 1,749 Minimum Garage Area 0 Maximum Garage Area 570 Median Garage Area 470 Average Garage Area 356 Minimum Combined Area 784 Maximum Combined Area 3,140 Median Combined Area 2,131 Average Combined Area 2,109 The intent of the Apartment Building, Limited is to enable greater flexibility of home configuration while maintaining a similar mass (overall bulk) and scale (proportion in size between buildings) to a group of five townhouses as allowed in the R-3 zoning district. See pages 1 and 2 of the applicant submittal. The applicant proposed a floor area of 10,000 square feet as a maximum dwelling area on page 6 of the applicant submittal. As shown in the Average Combined Area line of Table 1, five average homes including both living area 192 Staff Report for the Bozeman Cohousing Text Amendment Page 13 of 15 and garages would be 10,545 sq. ft. Therefore, the 10,000 square foot size area proposed is consistent with the character of a five townhouse or rowhouse grouping as are currently being constructed. As the existing pattern of construction includes a range of sizing as shown in Table 1, an additional volume of 25-30% could also be included and be within the reasonable expectations of the R-3 zoning district. The applicant did not address how to consider garage area in the proposed maximum size. Staff determined that a separated garage does not add to the mass and scale of the residential building. Therefore, garage area should only be included in the proposed maximum area when it is included with the main building. This is reflected in the supplemental use criteria component of Ordinance 2059. As can be seen in the Table 1 building permit data above, a garage can represent a significant fraction of the floor area of a building. The proposed standards only apply when a building would have between 5 and 8 homes. The proposed standards would not apply to either a four home building or a standard apartment building. Exploring various alternative configurations and using the sizing information in Table 1 shows the following areas in square feet per building under different scenarios. Table 2 – Building Area Configurations and Comparison Number of Homes Average Living Area per home Average Combined Area per home Maximum Living Area per home Maximum Combined Area per home 5 8,745 10,545 13,950 15,700 6 10,494 12,654 16,740 18,840 7 12,243 14,763 19,530 21,980 8 13,992 16,872 22,320 25,120 If the standards were applied as drafted and presented in Ordinance 2059, as the number of homes increased the size of individual homes would need to be reduced to stay within the proposed maximum size of 10,000 square feet of living area. As shown in Table 1, actual constructed homes are within the size ranges. Table 3 shows the maximum area for combined home and garage or home only needed to stay within the proposed maximum area. Since the common areas are excluded from the maximum living area cap they are not included in Table 3. The designer would need to decide whether an attached garage was of sufficient importance to deduct living area to provide attached garages. Carports or detached garages would not count against maximum building size. As shown in Table 1, all of the sizes in Table 3 are within the size range of townhomes issued building permits in Bozeman since January 1, 2018. However, they are in the smaller size portion of the range. An individual project could provide a mix of individual homes sizes 193 Staff Report for the Bozeman Cohousing Text Amendment Page 14 of 15 so long as the combined size of the building is not exceeded. Size of home is a substantial, but not sole, factor in cost of housing. A mix of home sizes can provide a more diverse supply of housing to meet different housing needs. Table 3 – Maximum Size Per Dwelling As shown in Table 3, the maximum area stays the same. Therefore, the decision to include an attached garage within the area allocated to a home will have a substantial impact on the actual living area available. The area shown in Table 3 does not include area included in the common spaces allowed with this new proposed building configuration. Table 38.320.020.A in Ordinance 2059, assigns a minimum land area per home. The numbers assigned result in an actual lot area equal to other allowed configurations of housing in the respective zoning districts. A distinctive feature for this proposed land use is to provide a specific allowance for common spaces within the principal building over and above that allowed as living area. That allowance is capped. This area could be configured in many ways including, but not limited to, stair cases, laundry areas, or an enclosed open space like an atrium. An Apartment Building, Limited can also be proposed as part of larger complexes of housing. Therefore, an alternative to address situations where common interior spaces attached to the building which serve the larger complex is included. Aggregated spaces would provide further design options. As discussed above, the average for a five home townhouse or rowhouse group has an average area of 10,545 sq. ft. Therefore, the additional common space allowance will enable a modestly larger overall building than is typically being constructed at this time. However, it is also not beyond the maximum which could be seen at this time. Therefore, Staff concludes the combination of dwelling area size and common area size of 13,000 square feet is reasonable and appropriate. An Apartment Building, Limited could also be built as part of a larger housing project. The City’s existing development standards require a certain amount of on-site private open space. This requirement can be met by shared common spaces. The proposed text allows for Number of Homes Maximum Combined Area per Home Maximum Living Area per Home 5 2,000 2,000 6 1,666 1,666 7 1,428 1,428 8 1,250 1,250 194 Staff Report for the Bozeman Cohousing Text Amendment Page 15 of 15 additional common interior spaces attached to an Apartment Building, Limited for projects with larger sites. There is a cap on maximum additional area as described in Ordinance 2059. This helps to maintain the proportionate mass and scale that is the intent of the new housing option. Departures are allowed to enable design flexibility while checking potential designs which could overwhelm existing adjacent development. If the City Commission considers it appropriate they could allow a modestly larger maximum building bulk and remain consistent with the overall massing as shown in Table 1. APPENDIX B - NOTICING AND PUBLIC COMMENT Notice for text amendments must meet the standards of 38.220.410 & 420. Notice was published in the Bozeman Daily Chronicle as required and contained all required elements. Notice was provided at least 15 days before the Zoning Commission public hearing, and not more than 45 days prior to the City Commission public hearing. Hearing dates are on the first page of this report. Seven oral comments and two written comments were provided and are attached or available through the video recording. APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF Applicant: Bozeman COHO LLC, 318 S. 9 th Avenue, Bozeman MT 59715 Representative: Erik Bonnett, 914 W. Babcock St., 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 text amendment. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Ordinance 2059 Application materials Public comment as received 195 Ord XXX Page 1 of 8 ORDINANCE 2059 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA TO AMEND TABLE 38.310.030.A TO ESTABLISH A NEW RESIDENTIAL USE OF APARTMENT BUILDING, LIMITED AND STANDARDS FOR THAT USE, TABLE 38.320.030.A TO ESTABLISH MINIMUM LOT AREAS FOR THE USE, AND CREATE A NEW 38.360.070 FOR SUPPLEMENTAL USE CRITERIA FOR APARTMENT BUILDING, LIMITED AND RENUMBERING FOLLOWING SECTIONS. WHEREAS, the City of Bozeman (the “City”) has adopted land development and use standards to protect public health, safety and welfare and otherwise execute the purposes of Section 76-2-304, MCA; and WHEREAS, the City’s adopted growth policy encourages a diversity of housing types and opportunities; and WHEREAS, residential zoning districts have been created with standards relating to mass and scale of buildings as contributing elements to the visual character of individual districts; and WHEREAS, all residential zoning districts provide for a variety of housing options within the mass and scale standards of the districts; and NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 That Table 38.310.030.A of the Bozeman Municipal Code be amended as follows: Table 38.310.030.A Permitted general and group residential uses in residential zoning districts Table clarifications: 1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted. 196 Ordinance No. 2059, Bozeman Cohousing Text Amendment Page 2 of 8 2. If a * appears after the use, then the use is defined in article 7. 3. Where a code section is referenced after the use, then the use is subject to the additional standards specific to the subject use in that code section. 4. If a number appears in the box, then the use may be allowed subject to development condition(s) described in the footnotes immediately following the table. Uses Zoning Districts R- S R- 1 R- 2 R- 3 R- 4 R- 5 R- O1 RMH General residential Accessory dwelling units* - attached (38.360.040) P P P P P P P — Accessory dwelling units* - detached (38.360.040) P P P P P P P — Apartments/apartment building* — — — — P P P — Apartment building, limited 4 — — — P P P P — Cottage housing (38.360.110)* P P P P P P P P Manufactured homes on permanent foundations(38.360.160)* P P P P P P P P Manufactured home communities* — — — — — — — P Single-household dwelling (38.360.210) P P P P P P P P Two-household dwelling (38.360.210) — — P P P P P — Three household dwelling or four-household dwelling (38.360.210) — — — P P P P — Townhouses* & rowhouses* (two attached units)(38.360.240) P 2 P2 P P P P P P 3 Townhouses* & rowhouses* (five attached units or less) (38.360.240) — — — P 3 P P P — Townhouses* & rowhouses* (more than five attached units) (38.360.240) — — — — P P P — Group residential 197 Ordinance No. 2059, Bozeman Cohousing Text Amendment Page 3 of 8 Community residential facilities* with eight or fewer residents P P P P P P P P Community residential facilities* serving nine or more residents — — — S P P P — Cooperative household* S S S P P P P S Family day care home* P P P P P P P P Group day care home* P P P P P P P P Group living (38.360.150)* P P P P P P P P Lodging houses* — — — S P P P — Transitional and emergency housing (38.360.135)* and related services S S S S S S S S Notes: 1. The primary use of a lot, as measured by building area, permitted in the R-O district is determined by the underlying growth policy land use designation. Where the district lies over a residential growth policy designation the primary use shall be non-office uses; where the district lies over a non-residential designation the primary use shall be office and other non-residential uses. Primary use shall be measured by percentage of building floor area. 2. In the R-S, R-1, and RMH district townhomes are only allowed when utilized to satisfy the requirements of division 38.380, Affordable Housing. May only be utilized in developments subject to division 38.380 of this article. 3. In the R-3 district, townhouse groups must not exceed 120 feet in total width. 4. Supplemental Use Criteria for Apartment Building, Limited are in 38.360.070. Section 2 That Table 38.320.030.A of the Bozeman Municipal Code be amended as follows: Table 38.320.030.A Minimum and maximum lot area Table clarification: 1. Where a code reference or link appears after the form and intensity topic, the use is subject to standards set forth in that section or chapter. 2. If a number appears in the box, refer to the development condition with the corresponding 198 Ordinance No. 2059, Bozeman Cohousing Text Amendment Page 4 of 8 number immediately following the table. If there are multiple numbers, then all development conditions apply. Use Type/Standard Zoning District R-S R-1 R-2 R-3 R-4 R-5 R-O RMH Minimum lot area per dwelling (square feet)1 (38.320.030.A) Single-household dwelling 4,000 1 4,000 1 4,000 1 4,000 1 4,000 1 3,000 1 4,000 1 3,000 1 Single-household dwelling (only for dwellings to satisfy minimum requirements of division 38.380 of this chapter) 2,700 2,700 2,700 2,700 2,700 2,700 2,700 2,700 Two-household dwellings — — 2,500 1 2,500 1 2,500 1 2,500 3,000 — Two household dwellings (only for dwellings to satisfy minimum requirements of division 38.380 of this chapter) — — 2,500 2,500 2,500 2,500 2,500 — Lot area per dwelling in three- or four- household dwelling configurations — — — 3,000 3,000 None 3,000 — Lot area per dwelling in three- or four- household dwelling configurations (only for dwellings to satisfy minimum requirements of division 38.380 of this chapter) — — — 2,500 2,500 None 2,500 — Townhouses & rowhouses — — 3,000 2 3,000 3 3,000 3 None 3,000 Ordinance No. 2059, Bozeman Cohousing Text Amendment Page 5 of 8 Apartments and Apartment Building, Limited —First dwelling — — — — 5,000 None 5,000 — Apartments and Apartment Building, Limited —Each dwelling after the first — — — — 1,200 None 1,200 — Apartment Building, Limited – each dwelling — — — 3,000 — — — — Apartments—Each dwelling after the first (only for dwellings to satisfy minimum requirements of division 38.380 of this chapter) — — — — 900 None 900 — Additional area required for an accessory dwelling unit 1,000 4 1,000 1,000 1,000 1,000 None 1,000 — All other uses 5,000 1 5,000 1 5,000 1 5,000 1 5,000 1 None 5,000 1 5,000 1 Maximum lot area (net acres) (38.320.020.A) Residential use — — — 2.5 5 2.5 5 2.5 5 2.5 5 — Notes: 1. In order to comply with the standards contained in this chapter, lot area in excess of the required minimum may be needed (for corner lots, parking, landscaping or large residential structures, for example), and may be necessary for property adjacent to watercourses, ridgelines, or other environmental features in order to provide an appropriate buildable area on the lot. 2. Per townhouse lot or rowhouse dwelling. 3. For townhouse or rowhouse clusters, the lot area per dwelling may be averaged within the cluster. 4. Extra lot size requirement does not apply when R-S lots are larger than 6,000 square feet. 5. Departures from the maximum lot size requirements may be allowed where the planned development fits into the context of the neighborhood and proposed pedestrian and vehicular circulation measures meet community objectives. 200 Ordinance No. 2059, Bozeman Cohousing Text Amendment Page 6 of 8 Section 3 That a new 38.360.070 of the Bozeman Municipal Code be created as follows and the existing 38.360.070 and all subsequent sections be renumbered as needed: 38.360.070 Apartment Building, Limited A. Apartment Building, Limited is subject to the following: 1. No fewer than five or more than eight dwellings in a single building. 2. Do not exceed 120 feet in width or length and 10,000 square feet in maximum floor area within all dwellings, attached parking structures, and parking spaces internal to the building combined. Common interior spaces are not included in the calculation of the 10,000 square feet maximum area. Common interior spaces means enclosed spaces which are designed for use by occupants of more than a single dwelling. Examples include but are not limited to elevators, shared stairs, walkways, atriums, laundry rooms, and mail rooms. 3. The maximum area of common interior spaces attached to or included within an individual Apartment Building, Limited is : a. 1,000 square feet plus 250 square feet per dwelling in the individual building; and b. If an Apartment Building, Limited is part of a larger development, and there are common spaces attached to the building to serve the larger development, an additional 150 square feet per dwelling in the larger development is allowed to be added to the common interior spaces attached to an Apartment Building, Limited. 4. Departure criteria. Departures to the above standards that feature the symbol will be considered by the review authority provided the alternative proposal meets the intent of the standards, plus the following criteria. a. A departure may be granted to alter the proportion of area of common interior spaces to area of dwellings. The criteria for the departure is the combined area of dwelling area and common interior spaces does not exceed 13,000 square feet. b. A departure for additional building length or width may be granted on lots larger than 24,000 square feet at a rate of 1 linear foot of building length or width per 3,500 square feet of lot area in excess of 24,000 square feet up to 160 total lineal feet of building length or width. c. Departures must demonstrate the additional common area or length/width meets the intent of the Apartment Buildings, Limited designation to allow more flexibility in building form and dwelling unit arrangement while also being consistent with the mass and scale of medium density zoning districts. 201 Ordinance No. 2059, Bozeman Cohousing Text Amendment Page 7 of 8 Section 4 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 5 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 6 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 7 Codification. This Ordinance shall be codified as indicated in Section 1 – 3. Section 8 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. 202 Ordinance No. 2059, Bozeman Cohousing Text Amendment Page 8 of 8 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the _____ day of ________________, 2020. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of ____________________, 2021. The effective date of this ordinance is __________, __, 2021. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 203 A1 DEVELOPMENT REVIEW APPLICATION PROJECT IMAGE PROJECT INFORMATION Project name: Project type(s): Description: Street address: Zip code: Zoning: Gross lot area: Block frontage: Number of buildings: Type and Number of dwellings: Non-residential building size(s): (in stories) Non-residential building height(s): Number of parking spaces: Afordable housing (Y/N): Cash in lieu of parkland (Y/N): VICINITY MAP CITY USE ONLY Submittal date: Application fle number: Planner: DRC required (Y/N): Revision Date: Development Review Application A1 Page 1 of 3 Revision Date: 5.16.18 REQUIRED FORMS: Varies by project type, PLS DocuSign Envelope ID: D4802737-6634-4DDF-B830-B50CF0E863AC none 59715 Zone Text Amendment - Bozeman Cohousing 67 N none 40 residential flats and rowhouses 5.305 acres ( 4.330 acres + 0.975 acres) Landscaped 3120 Wagon Wheel Road Bozeman MT UDC Text Amendment R3 (Residential Medium Density) Increase flexibility for dwelling configuration in R-3 zone N 13 (residential units, common facilities & garages) 204 DEVELOPMENT REVIEW APPLICATION 1. PROPERTY OWNER Name: Full address (with zip code): Phone: Email: 2. APPLICANT Name: Full address (with zip code): Phone: Email: 3. REPRESENTATIVE Name: Full address (with zip code): Phone: Email: 4. SPECIAL DISTRICTS Overlay District: Neighborhood Conservation None Urban Renewal District: Downtown North 7th Avenue Northeast North Park None 5. CERTIFICATIONS AND SIGNATURES This application must be signed by both the applicant(s) and the property owner(s) (if diferent) for all application types before the submittal will be accepted. The only exception to this is an informal review application that may be signed by the applicant(s) only. As indicated by the signature(s) below, the applicant(s) and property owner(s) submit this application for review under the terms and provisions of the Bozeman Municipal Code. It is further indicated that any work undertaken to complete a development approved by the City of Bozeman shall be in conformance with the requirements of the Bozeman Municipal Code and any special conditions established by the approval authority. I acknowledge that the City has an Impact Fee Program and impact fees may be assessed for my project. Further, I agree to grant City personnel and other review agency representative’s access to the subject site during the course of the review process (Section 38.34.050, BMC). I (We) hereby certify that the above information is true and correct to the best of my (our) knowledge. Certifcation of Completion and Compliance – I understand that conditions of approval may be applied to the application and that I will comply with any conditions of approval or make necessary corrections to the application materials in order to comply with municipal code provisions. Statement of Intent to Construct According to the Final Plan – I acknowledge that construction not in compliance with the approved fnal plan may result in delays of occupancy or costs to correct noncompliance. continued on next page Development Review Application A1 Page 2 of 3 Revision Date: 5.16.18 REQUIRED FORMS: Varies by project type, PLS DocuSign Envelope ID: D4802737-6634-4DDF-B830-B50CF0E863AC 914 W Babcock St., Bozeman, MT 59715-4325 X X 117 Heritage Drive Bozeman MT 59715 318 South 9th Avenue Bozeman MT 59715 pattycowles@aol.com 651-336-0394 3120 Wagon Wheel LLC (315) 271-6481 Bozeman COHO LLC erik.bonnett@gmail.com 406 580-5133 Erik Bonnett mark.owkes@gmail.com 205 DEVELOPMENT REVIEW APPLICATION Applicant Signature: Printed Name: Owner Signature: Printed Name: Owner Signature: Printed Name: If signing as a corporation or LLC, please provide the title and position of the individual signing on behalf of the corporation/LLC. Attach separate sheets for additional owner signatures. 6. APPLICATION TYPES Check all that apply, use noted forms. 1. Pre-application Consultation 2. Master Site Plan 3. Site Plan 4. Subdivision pre-application 5. Subdivision preliminary plan 6. Subdivision fnal plan 7. Subdivision exemption 8. Condominium Review 9. PUD concept plan 10. PUD preliminary plan 11. PUD fnal plan 12. Annexation and Initial Zoning 13. Administrative Interpretation Appeal 14. Administrative Project Decision Appeal . Commercial Non-residential COA 16. Historic Neighborhood Conservation Overlay COA 17. Informal Review 18. Zoning Deviation/Departure . Zoning or Subdivision Variance . Conditional Use Permit 21. Special Temporary Use Permit 22. Special Use Permit 23. Regulated Activities in Wetlands 24. Zone Map Amendment (non-Annexation) 25. UDC Text Amendment 26. Growth Policy Amendment 27. Modifcation/Plan Amendment . Extension of Approved Plan . Reasonable Accommodation 30. Comprehensive Sign Plan 31. Other: CONTACT US FORM FORM None INF MSP None SP 19 Z/SVAR PA 20 CUP PP STUP FP SUP SE WR CR ZMA PUDC ZTA PUDP GPA PUDFP MOD ANNX 28 EXT AIA 29 RA APA CSP 15 CCOA Zone Text Amendment Zone Text Amendment Project Narrative The R-1 through R-3 districts are intended to be compatible with one another, while the R-4 and R-5 districts are intended to be more intensive and higher density, allowing uses and development patterns not compatible with adjacent low-density housing. Thus, the R-3 district should be structured to allow flexibility, while also maintaining compatibility with the R-1 and R-2 districts, especially when flexibility will advance Bozeman planning goals like provision of affordable and missing middle housing. The existing use designations in the zoning code contain elements that are hold-overs from the era when planners relied heavily or even exclusively on the regulation of use to ensure compatibility within neighborhoods. Thus, a threshold of four units was used to separate compatible low and medium density neighborhood development patterns from high-density patterns. However, there are several development patterns that fall, probably inadvertently, on the high-density side of the threshold, but are fully compatible with low and medium density residential patterns. These include rowhouses, townhouses, and multi-dwelling buildings of limited size and scale. Recognizing this, an earlier amendment to the zoning code permitted five attached townhouses or rowhouses to be constructed in R-3 zoning. The proposed amendment extends this thinking to multi-dwelling buildings, while similarly restricting size and scale to ensure compatibility with adjacent low-density development patterns. These size and scale limits, known as form-based zoning (instead of use-based zoning) are a more contemporary approach to zoning, already widely incorporated in other components of the Bozeman Unified Development Code. The use of these form-based limits provides a complementary tool to use-based planning, allowing increased flexibility while more directly preventing specific incompatibility issues. The proposed language allows increased flexibility for dwelling configuration in the R-3 zone, but does not change other zoning districts. Key compatibility regulations such as those controlling density, parking, open space, building height, and setbacks are unchanged. The flexibility that is created allows projects to cluster more small dwellings in a single building, but does not allow a greater number of total dwellings on a site. The resulting development patterns that would be permitted are widely employed in other communities where the intersection of the zoning code and land economics do not make the pattern unfeasible. It is widely employed because shared walls save construction cost and reduce energy use. Shared walls also allow for more usable open space to Page 1 of 7 207 Zone Text Amendment be created on a site. These factors are especially useful in the creation of affordable and missing-middle housing. Thus, the proposed language limits the size and massing of a building containing five to eight smaller dwellings in an R-3 zone to be consistent with the massing of a similar building with four larger dwellings and with the size of low-density housing. The length and width limit proposed is adopted from the attached townhouse building length limit already applied to the R-3 zone when five townhouses are attached. The size limit was calculated by taking the average size of a new home built in 2018 in the West 1 and multiplying it by four. This limit is appropriate because the R-3 district permits four dwellings to be constructed in a single building with no limitation on size other than the limits on construction type in the building code, which would allow a single family home of unlimited size and a three or four-dwelling building of up to 28,000sf assuming unprotected construction (Type VB) and a sprinkler system. Taken together these size limits ensure that the flexibility to aggregate smaller dwellings will not result in larger buildings than already allowed in the R-3 zone. While the development patterns that would be allowed by this amendment are permitted in the R-4 and R-5 districts, those districts allow so much more intensity and density of development, land is priced accordingly, which defeats the purpose of allowing clustering of affordable and missing-middle dwellings. This economic reality is evidenced by the numerous single-building mid-rise projects recently completed and under construction in R-4 and R-5 and mixed districts. Low rise development in the R-4 and R-5 zones is essentially untenable economically. The R-4 and R-5 zones are also used more selectively, for instance in the city core and along transportation corridors. Thus, the total availability of land zoned R-4 and higher is much lower than the availability of land zoned R-3 and higher. The proposed language would contribute significantly to the ability to construct affordable and missing-middle housing in both volume and price. a. Is the new zoning designed in accordance with the growth policy? How? Yes. The 2009 Bozeman Community Plan states in section 6.3 that the “community needs a variety of housing stock to accommodate the diversity in personal circumstances and preferences of its population”. The new zoning will allow for a wider range of housing solutions to be 1 Data from the US Census table titled “Median and Average Square Feet of Floor Area in New Single-Family Houses Completed.” The 2018 average in the western region, which includes Bozeman, was 2527sf. Page 2 of 7 208 Zone Text Amendment constructed. Furthermore, goal H-3 of the Community Plan encourages an adequate supply of affordable housing and land for affordable housing. This goal is supported by the zone text amendment which allows for homes to be constructed more economically, especially infill housing that will be close to current open space, parks, and schools and promote efficient utilization of current infrastructure. b. Will the new zoning secure safety from fire and other dangers? How? Yes, the new zoning does not change the regulations related to fire and other dangers. The amendment has the potential to increase life safety because buildings containing more dwellings require fire sprinklering in more circumstances, a technology which increases life safety in the event of fire. c. Will the new zoning promote public health, public safety and general welfare? How? Yes, the new zoning provides more flexibility to architects, designers, and planners to provide housing solutions that match the needs of the growing local population while respecting the size restrictions of the current zoning regulations. Additional flexibility in housing options will enhance housing stability and affordability, and thus the general welfare of residents of these future homes and public safety in general. Additionally, the new zoning will promote the preservation of more usable openspace that supports the welfare and health of residents. Lastly, accessible vertical circulation is essentially cost-prohibitive in the current R-3 zone. The ability to cluster more dwellings in a building will make provision of accessible vertical circulation more economical, increasing the potential for housing accessibility for persons living with disabilities. d. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? How? Yes, because allowed density of development will not change under this amendment, existing adequate provision of these services will continue relatively unchanged. The added flexibility of building configuration will make missing middle and affordable housing more economical, which will have the potential to increase the rate at which these housing types are constructed; a need which the Community Housing Action Plan has identified. Redevelopment of this type in existing R-3 zoned land will Page 3 of 7 209 Zone Text Amendment increase access to these services compared to similar development at the city periphery and will make providing these services more economical for the city. Redevelopment of this type would, for instance, benefit Streamline route planning by enabling users to rely less on Single Occupancy Vehicle travel. Decreased vehicle miles traveled increases the lifespan and decreases the costs of maintaining public travel ways. Likewise water and sewer infrastructure could be marginally decreased. e. Will the new zoning provide reasonable provision of adequate light and air? How? Yes, and provision of adequate light and air has the potential to increase under the proposed new language. Allowing dwellings to be clustered in a smaller number of buildings on a site allows more of the site to be preserved as openspace, from which buildings draw light and air. The new zoning will not otherwise modify provisions of the existing zoning and building codes regarding adequate light and air provisions to homes. f. Will the new zoning have an effect on motorized and non-motorized transportation systems? How? Because density and parking requirements are not changed in the proposed language, impacts on motorized transportation will be negligible. The proposed language will give added flexibility to clustered housing, which allows non-motorized transportation modes and infrastructure to serve the resident population more efficiently and effectively. g. Does the new zoning promote compatible urban growth? How? Yes, the new zoning balances allowing additional homes in a building with restrictions on the building size. The proposed language ensures permitted buildings are no larger than the size currently allowed and that the overall density on a site will not increase. Both are key metrics in ensuring compatible urban growth. The increased flexibility of dwelling configuration with shared walls will, however, decrease the carbon footprint of each individual home, supporting the city’s goal of carbon reduction as outlined in the Bozeman Climate Change Plan. h. Does the new zoning promote the character of the district? How? Yes, the new zoning only applies to R-3 zoned districts. These districts currently allow for multi-home buildings. The new zoning gives more Page 4 of 7 210 Zone Text Amendment flexibility and allows for smaller homes to be built more economically while maintaining restrictions on the overall size of buildings and total number of homes. Because the overall size of the buildings will not be permitted to increase, the character of the zone will be sustained. In fact, the net impact of clustering dwellings within a building will be to preserve more open space, improving the character of the district, especially in terms of its compatibility with lower density districts. i. Does the new zoning address the affected area’s peculiar suitability for particular uses? How? Yes, the new zoning will allow for residential development which is consistent with R-3 zoned areas. It will increase the suitability of the R-3 zone to the construction of missing middle and affordable housing. j. Was the new zoning adopted with a view to conserving the values of buildings? How? Yes, because the proposed language only adds flexibility of configuration, without changing key requirements, like density, height limits, or setbacks, the amendment will not substantively impact values of other buildings. k. Does the new zoning encourage the most appropriate use of land throughout the jurisdictional area? Yes, the new zoning encourages the most appropriate use of the subject land by giving more flexibility to builders while maintaining the character and intent of R-3 zoning. The amendment will specifically make missing middle and affordable housing more economical to construct in the R-3 zone. The new zoning will increase the potential for the zone to serve its intended purpose of providing housing by making more configurations possible. One example is residential configurations that strive to reduce the reliance on motorized transportation and avoid urban sprawl. These goals are in line with the Bozeman Community Plan which defines best uses of land in the Bozeman area. Proposed Changes to the Unified Development Code The amendment will add a line to Table 38.310.030.A “Permitted general and group residential uses in residential zoning districts” and to Table 38.320.030.A “Minimum and maximum lot area.” The amendment will also add and define the term Common Interior Space to Section 38.700.020. “A definitions.” Proposed language in blue bold below. Page 5 of 7 211 Zone Text Amendment PROPOSED LANGUAGE: Table 38.310.030.A Uses Zoning Districts R-S R-1 R-2 R-3 R-4 R-5 R-O RMH Three household dwelling or four-household dwelling (38.360.210) - - - P P P P - Five household dwelling through eight-household dwelling (38.360.210) - - - P4 P P P - Townhouses* & rowhouses* (five attached units or less) (38.360.240) - - - P3 P P P - Apartments/apartm ent building* - - - - P P P - Notes: 3. In the R-3 district, townhouse groups must not exceed 120 feet in total width. 4. In the R-3 district, five household dwellings through eight-household dwellings must not exceed 120 feet in width or length or 10,000 square feet in floor area. Common interior spaces are not included in the calculation of the maximum length, width, or floor area. PROPOSED LANGUAGE: Table 38.320.030.A Use Type/Standard Zoning Districts R-S R-1 R-2 R-3 R-4 R-5 R-O RMH Minimum lot area per dwelling (square feet) 1 (38.320.030.A) Page 6 of 7 212 Zone Text Amendment Lot area per dwelling in three- or four-household dwelling configurations - - - 3000 3000 None 3000 - Lot area per dwelling in five- through eight-househol d dwelling configurations - - - 3000 3000 None 3000 - Townhouses & rowhouses - - 30003 30003 30003 None 30003 - Apartments—Fir st dwelling - - - - 1200 None 1200 - Apartments—Ea ch dwelling after the first - - - - 900 None 900 - Notes: 3. For townhouse or rowhouse clusters, the lot area per dwelling may be averaged within the cluster. PROPOSED LANGUAGE: Section 38.360.210 Sec. 38.360.210. - Single, two, three, four, and five through eight-household dwellings PROPOSED LANGUAGE: Section 38.700.020 Common Interior Spaces. In a building containing multiple dwellings, enclosed spaces which are not exclusively used by occupants of a single dwelling. Examples include elevators, stairs, walkways, and mail rooms that serve multiple dwellings. Page 7 of 7 213 CVA Page 1 of 2 4-8-20 Development Review Application COVID-19 Acknowledgment of Application Processing Delays On March 13, 2020, the President of the United States issued a Proclamation on Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak. On March 12, 2020, the Governor of the State of Montana issued Executive Order No. 2-2020 Declaring a State of Emergency to Exist Within the State of Montana Related to the Communicable Disease COVID-19. The City of Bozeman issued a COVID-19 emergency declaration on March 16, 2020. The City subsequently issued Order ED-05 setting forth public meeting protocols on March 31, 2020 and Order ED-06 closing City facilities to public entry, including the Stiff Professional Building, on March 23, 2020. Order ED-05 states in relevant parts, “In accordance with the Emergency Declaration, public meeting agendas will be limited to only essential matters. . . .” It describes notice requirements, the use of videoconferencing or telephonic technology to hold remote hearings, and providing the public an opportunity to participate remotely. A copy of Order ED- 05 is attached to this form. On March 27, 2020 the Attorney General of the State of Montana issued a letter of guidance to local governments recommending public meetings be held only for essential business, and those public meetings be held remotely. Provisions in the emergency declarations and City of Bozeman Orders may restrict or delay the ability of the City to complete the review and finally approve certain development review applications. Acknowledgment and signatures This acknowledgement must be signed by both the applicant(s) and the property owner(s) (if different) for all application types before the submittal will be accepted and processed. As indicated by the signature(s) below, the applicant(s) and property owner(s) submit this application for review under the terms and provisions of the Bozeman Municipal Code the City’s COVID-19 Emergency Declaration and subsequent Orders issued by the City Manager. I acknowledge that the City may be delayed in the processing of my application and may not be able to complete the application review within standard time limits due to the constraints present under the emergency orders. I (We) hereby certify that the above information is true and correct to the best of my (our) knowledge. Certification of Acknowledgment – I understand that there may be delays in the processing of my application and that it may reach a point in processing where it may not proceed to final approval and that I will not hold the City responsible for any delays presented under the emergency order. Applicant Signature: Printed Name: Owner Signature: Jeanmarie Kathleen Owkes, Bozeman Coho LLC DocuSign Envelope ID: D4802737-6634-4DDF-B830-B50CF0E863AC 214 Page 2 of 2 4-8-20 Printed Name: Owner Signature Printed Name: If signing as a corporation or LLC, please provide the title and position of the individual signing on behalf of the corporation/LLC. Attach separate sheets for additional owner signatures. Patty Cowles, 3120 Wagon Wheel LLC DocuSign Envelope ID: D4802737-6634-4DDF-B830-B50CF0E863AC 215 Applicant’s Supplement Text Amendment Proposal for the Addition of the Use: Apartment Building, Limited December 16th, 2020 As discussed in the initial proposal, the purpose of this text amendment is to increase flexibility in the configuration of dwellings in the R-3 zone to allow layouts that increase affordability and accessibility, while maintaining continuity and reliability in the application of the R-3 zone. These stated objectives of the applicant were broadly supported by staff, the Zoning Commission, and public comment. Thus, this supplement will not discuss them further. The purpose of this supplement is to address concerns raised by Zoning Commissioners and explain how the proposed final language addresses those concerns. The applicant and staff have come to agreement on all aspects of the language as proposed to the City Commission. How does the proposed language ensure reliability and continuity of the R-3 zone, especially for residents living near projects that could be developed under the proposed language? It is important to recognize that the proposed language does not alter density limits, setbacks, height limits, lot coverage limits, floor-area-ratio limits, or parking requirements. The proposed language does create an alternative compliance path to a four-dwelling building, which is allowed outright, and a five- dwelling townhome building, which is allowed when specific criteria are met. The alternative compliance path created by the proposed language allows a larger number of dwellings within a single building if certain criteria are met, but does not allow more dwellings overall on a site. The length limit proposed is similar to the townhome length limit so as to prevent sprawling buildings out-of-character with the Figure 1: The size limits proposed for Apartment Buildings, Limited are more restrictive than the existing townhouse and four- dwelling compliance paths. (Average from staff report, distribution is conceptual). 216 intent of the R-3 zone. The proposed language also limits the building area, to ensure that more dwellings do not result in a larger building. Building area is not constrained for current compliance paths in the R-3 zone. So the building size limits for the proposed Apartment Buildings, Limited were derived from both census data and recent historical building patterns in the R-3 zone, ensuring that development using the proposed language is in character with existing development patterns. In short, the proposed size and length limits facilitate the creativity to achieve more affordable and accessible configurations while defining an upper limit of size and bulk in keeping with existing patters in the zone. How might the proposed language be used to increase housing affordability, such as workforce housing? Currently one of the most affordable dwelling configurations, interior stacked flats, is in effect prohibited in Bozeman. Stacking one identical floor plan on another provides structural efficiencies and allows access stairways to be shared. Flats are most economical when they are adjacent to other dwellings on two sides. However, with the current four-dwelling limit in the R-3 zone, interior flats with shared stairs are prohibited, because at least six dwellings would be needed to accomplish the configuration (see example below). While six- through eight-dwellings are permitted within a building in R-4 and higher zones, land prices make building at medium density cost-prohibitive in those high-density zones. Furthermore, R-4 and higher land is more limited in availability than R-3 land. Thus, the intersection of economic changes in Bozeman and the current zoning code forecloses an affordable and residential-character typology commonly used in other locales. The proposed language creates the flexibility to allow this typology when sized for modest and affordable homes. Figure 2: These 6-dwelling buildings feature four interior flats sharing a stair, making them inherently more affordable. Without the proposed language, this configuration is prohibited in the R-3 zone and rendered cost-prohibitive in R-4 and higher zones. 217 How might the proposed language be used to accomplish more accessible housing for ageing in place and for residents with disabilities? Many multi-family projects include shared facilities. These often include mail rooms, club house gathering spaces, laundry rooms, bike storage rooms, and more. The proposed language allows these spaces to be attached to up to eight dwellings. In the Bozeman climate, which features snow-covered and icy walkways much of the year, providing interior access to these spaces makes using them significantly easier for all residents and especially residents with mobility limitations. Configurations that combine the common spaces with eight homes could also make provision of an elevator economically feasible. Figure 3: The example layout on the left configures eight flats on two stories using an elevator to provide accessible access to all dwellings. The layout on the right configures eight flats on the ground level to provide interior access to common facilities. What scenarios were considered to avoid misuse? One scenario considered was if allowing more dwellings in a building would permit larger buildings in the R-3 zone, which might be out of character with their surroundings. This scenario is prevented by establishing size limits based on existing construction patterns in the R-3 zone. Specifically, a conservative size limit is allowed by right. Additional flexibility in size and configuration is permitted with the Departure process, which gives staff the ability to evaluate if the requested flexibly is appropriate for the context. Even applications for departures are limited in size to ensure compatibility with the zone and congruence with existing development. 218 CURRENTLY ALLOWED: Figure 4: As currently allowed, four-dwelling buildings in the R-3 zone are unlimited in size and permit unlimited attached common facilities PROPOSED ALTERNATE COMPLIANCE PATH: Figure 5: The proposed language limits building size in three ways to ensure the mass and bulk of permitted buildings are in character with existing R-3 development. Another concern raised by staff was if a project could attach a disproportionately large common space to a building, such as an Olympic swimming pool. This scenario is prevented by the proposed size limits, which were created in cooperation with staff for this purpose. The applicant also reviewed a number of innovative American housing developments focused on shared facilities. The proposed limits, especially through the Departure criteria, allow the flexibility to achieve creative and innovative housing models in Bozeman, while also keeping them within the bounds of the existing urban fabric and character of the R- 3 zone. 219 Another concern raised by a public comment was if the proposed language essentially “up zones” all R-3 land. As mentioned earlier, the proposed language does not create any change in density, building height, setback, etc. In fact, the alternate compliance path proposed is more restrictive in terms of building size than the existing four-dwelling household and townhouse compliance paths because the proposed language limits overall building size and requires additional block frontage design standards. Conclusion The proposed language is a result of input from staff, the Zoning Commission, the public, and an applicant who wishes to use the proposed compliance path to create an innovative workforce housing project. The proposed language allows the flexibility to achieve more affordable and accessible housing, while also ensuring permitted development will be in character with existing requirements and adjacent neighborhoods. 220 From: agenda@bozeman.net To: Agenda Subject: Thank you for your public comment. Date: Monday, November 23, 2020 12:05:09 PM A new entry to a form/survey has been submitted. Form Name: Public Comment Form Date & Time: 11/23/2020 12:05 PM Response #: 783 Submitter ID: 32765 IP address: 209.206.79.141 Time to complete: 23 min. , 19 sec. Survey Details Page 1 Public comment may be submitted via the form below, or by any of the following options. Public comment may also be given at any public meeting. Email: agenda@bozeman.net Mail to: Attn: City Commission PO Box 1230 Bozeman, MT 59771 First Name Carol Last Name Maker Email Address carolmaker@me.com Phone Number 503-341-4325 Comments Hello, Bozeman City Commissioners: I am a member of Bozeman Cohousing, a clinical social worker and senior citizen. To be a vibrant multi-generational and diverse community, aging in place must be built into a community's plans. What attracted me to Bozeman Cohousing was the generous and thoughtful design of the common spaces and atrium. These common spaces are the heart and soul of cohousing communities! 221 I understand you are meeting tonight to discuss our plans. Please allow our 8 units to be connected to the atrium without limiting our precious common space. With your continued support our community will become a wonderful asset for Bozeman, and a standout project in the West. At 72 years of age, I am depending on both the atrium and the common spaces for my future well-being. Thank you for your consideration. ---Carol Maker, LCSW If you would like to submit additional documents (.pdf, .doc, .docx, .xls, .xlsx, .gif, .jpg, .png, .rtf, .txt) along with your comment, you may alternately address agenda@bozeman.net directly to ensure receipt of all information. Thank you, City Of Bozeman This is an automated message generated by the Vision Content Management System™. Please do not reply directly to this email. 222 From: agenda@bozeman.net To: Agenda Subject: Thank you for your public comment. Date: Monday, November 23, 2020 10:13:00 AM A new entry to a form/survey has been submitted. Form Name: Public Comment Form Date & Time: 11/23/2020 10:12 AM Response #: 782 Submitter ID: 32756 IP address: 2605:e000:d3c7:8c00:4548:7c5b:9399:8145 Time to complete: 21 min. , 14 sec. Survey Details Page 1 Public comment may be submitted via the form below, or by any of the following options. Public comment may also be given at any public meeting. Email: agenda@bozeman.net Mail to: Attn: City Commission PO Box 1230 Bozeman, MT 59771 First Name Vivian Last Name Levy Email Address lagrasshopper@juno.com Phone Number 5056705120 Comments Good day. Bozeman Cohousing has submitted an amendment to increase the size of the common area. The intention is to build community for this Cohousing development. Community development is I believe, a common good, to promote good citizens and fellowship and less environmental stress. Please allow their proposal. Bozeman Cohousing Text Amendment (#20195) (Saunders) Amending the allowed uses in the R-3 Medium Density Residential to R-O Residential Office zoning districts to create a new residential configuration Apartment Building, 223 Vivian Levy If you would like to submit additional documents (.pdf, .doc, .docx, .xls, .xlsx, .gif, .jpg, .png, .rtf, .txt) along with your comment, you may alternately address agenda@bozeman.net directly to ensure receipt of all information. Thank you, City Of Bozeman This is an automated message generated by the Vision Content Management System™. Please do not reply directly to this email. 224 Memorandum REPORT TO: City Commission FROM: Jesse DiTommaso, Deputy City Clerk Mike Maas, City Clerk SUBJECT: Appointments to the Northeast Urban Renewal Board MEETING DATE: January 5, 2021 AGENDA ITEM TYPE: Citizen Advisory Board/Commission RECOMMENDATION: To appoint up to three members to the Northeast Urban Renewal Board for the following positions and terms: Voting member-at-large role with a term expiring July 31, 2024, and; Non-voting role with a term expiring July 31, 2022, and; Non-voting role with a term expiring July 31, 2021. STRATEGIC PLAN: 1.2 Community Engagement: Broaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders. BACKGROUND: The Northeast Urban Renewal Board (NURB) currently has one vacant position due to a term expiration as of July 31, 2020, and two vacant positions. Three applications have been received. The NURB is responsible for the implementation of the adopted urban renewal plan, pursuant to 7-15-4232. The Plan specifies three broad responsibilities for the Board: 1. develop plans which implement the vision of the district; 2. review on an ongoing basis the operation and processes of all public agencies to assure that such activities are supportive of the plan; 3. advocate and coordinate the complete and full implementation of the plan. The Board is established pursuant to Section 7-15-4234 of the Montana Code Annotated and further refined by the District’s adopted plan. The Northeast Urban Renewal District Plan (the “Plan”) was adopted in 2005 pursuant to Ordinance 1655. Membership consists of nine positions serving staggered four-year terms after the initial appointment. The Plan calls for the creation of a Board that shall consist of 5 voting members and not more than 4 non-voting members. Under the Plan, “Any person may be appointed as voting members if they reside within the municipality or own property within the District.” The plan further suggests a preferred composition of board members: 225 The preferred composition of the voting members shall be 2 business owners of businesses within the district; 2 residents from within the district; 1 member at-large. The Commission may choose to consider this preferred composition or choose a different composition as long as the applicant resides within the municipality or owns property within the District. The board currently has three vacancies and one position that is currently filled by an applicant to another role. The City Clerk's Office has received three applications, with their relevant qualifications indicated below. One Voting member-at-large position, expiring July 31, 2024 | Qualifies M. E. Barlow, C. Nixon, C. Dayton One Non-Voting Position, expiring July 31, 2021 | Qualifies M. E. Barlow (currently holds position), C. Nixon, C. Dayton One Non-Voting Position, expiring July 31, 2022 | Qualifies M. E. Barlow, C. Nixon, C. Dayton One Non-Voting Position, expiring July 31, 2024 | Qualifies M. E. Barlow, C. Nixon, C. Dayton Applicants: M. Ethan Barlow Christopher Nixon Chandler Dayton Ethan Barlow is currently seated in a non-voting role. Past practice has been to appoint non-voting members into available voting positions and to appoint new members to non-voting roles. Moving Mr. Barlow to a voting position creates the opening for the non-voting position with expiration on July 31, 2021. Commissioner I-Ho Pomeroy is the City Commission liaison for this board. UNRESOLVED ISSUES: None. ALTERNATIVES: As suggested by the City Commission. FISCAL EFFECTS: None. Attachments: 06-25-20 CAB Application - C. Dayton.pdf 07-02-20 CAB Application - M. E. Barlow.pdf 07-07-20 CAB Application - C. Nixon.pdf Report compiled on: December 30, 2020 226 From: webadmin@bozeman.net To: Agenda Subject: Citizen Advisory Board Application Date: Thursday, June 25, 2020 9:16:50 PM A new entry to a form/survey has been submitted. Form Name: Citizen Advisory Board Application Date & Time: 06/25/2020 9:16 PM Response #: 263 Submitter ID: 28017 IP address: 174.45.87.172 Time to complete: 7 min. , 50 sec. Survey Details Page 1 WELCOME Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process. If you are applying for more than one vacancy please submit an individual application for each vacancy. Questions about this process can be directed to the City Clerk's office or by phone at 406-582- 2320. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerk's Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Applicant Information 227 First Name Chandler Last Name Dayton Physical Address 716 E Peach St PO Box (if different from physical address) Not answered City Bozeman State Montana Zip Code 59715 Primary Phone (406) 577-6930 Additional Phone Not answered Current Occupation Retired Employer Retired Email chandler.dayton@gmail.com Which position are you applying for? (○) Northeast Urban Renewal Board (NURB) Do You Live in the City Limits? (Some positions do require you live within Bozeman city limits while others do not.) (○) Yes How long have you lived in the Bozeman Area? (○) 11 years or more Have you ever served on a City or County Board or Commission? (○) No Please explain your relevant qualifications, interests and experiences: I have lived in the neighborhood since 1987. I have been active in NENA. I am a retired teacher. I am interested in the development issues within this area. References: Please provide name, phone, and email contact information for two references. Reference 1 Amy Kelley aok@mcn.net 4065811513 Reference 2 Chris Nixon christopherfnixon@yahoo.com 4065444901 The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? (○) Yes How did you hear about this board or vacancy? 228 website Is there any other information that you feel we need to know? Not answered If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 582-3232 (TDD 582-2301). Please note that for most Citizen Advisory Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Thank you, City Of Bozeman This is an automated message generated by the Vision Content Management System™. Please do not reply directly to this email. 229 From: webadmin@bozeman.net To: Agenda Subject: Citizen Advisory Board Application Date: Thursday, July 2, 2020 9:48:27 AM A new entry to a form/survey has been submitted. Form Name: Citizen Advisory Board Application Date & Time: 07/02/2020 9:48 AM Response #: 270 Submitter ID: 28210 IP address: 71.15.213.56 Time to complete: 22 min. , 58 sec. Survey Details Page 1 WELCOME Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process. If you are applying for more than one vacancy please submit an individual application for each vacancy. Questions about this process can be directed to the City Clerk's office or by phone at 406-582- 2320. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerk's Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Applicant Information 230 First Name M. Ethan Last Name Barlow Physical Address 11 East Villard Street PO Box (if different from physical address) Not answered City Bozeman State Montana Zip Code 59715 Primary Phone (207) 232-0295 Additional Phone (406) 548-2656 Current Occupation Architect Employer HoldingGround Architects Email ethan@holdinggroundarchitects.com Which position are you applying for? (○) Northeast Urban Renewal Board (NURB) Do You Live in the City Limits? (Some positions do require you live within Bozeman city limits while others do not.) (○) Yes How long have you lived in the Bozeman Area? (○) 6-10 years Have you ever served on a City or County Board or Commission? (○) Yes (If Yes, where and how long?) Design Review Board (2 years); Northeast Urban Renewal Board (non-voting member, 2 years) Please explain your relevant qualifications, interests and experiences: My experience as a non-voting member on the Northeast Urban Renewal Board has provided me with a background and familiarity with the challenges and opportunities of the district. I feel that it is important to both embrace and direct the opportunities of a changing district and also consider the history the unique characteristics that make the district distinct. My work as an architect further qualifies me for the work as a voting board member. I am committed to promoting an environment throughout the district that strengthens community and provides connective public spaces that become the expression and experience of the neighborhood. I would be honored to take on the responsibility of becoming a voting member and I thank you for considering my candidacy References: Please provide name, phone, and email contact information for two references. Reference 1 Rob Pertzborn, Intrinsik Architecture Reference 2 David Fine, City of Bozeman Economic Development Office The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. 231 If appointed, do you understand you will be expected to take online and in person ethics training? (○) Yes How did you hear about this board or vacancy? my work as a non-voting memeber of the NURB Is there any other information that you feel we need to know? Not answered If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 582-3232 (TDD 582-2301). Please note that for most Citizen Advisory Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Thank you, City Of Bozeman This is an automated message generated by the Vision Content Management System™. Please do not reply directly to this email. 232 From: webadmin@bozeman.net To: Agenda Subject: Citizen Advisory Board Application Date: Tuesday, July 7, 2020 7:30:57 PM A new entry to a form/survey has been submitted. Form Name: Citizen Advisory Board Application Date & Time: 07/07/2020 7:30 PM Response #: 272 Submitter ID: 28354 IP address: 174.45.71.209 Time to complete: 16 min. , 58 sec. Survey Details Page 1 WELCOME Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process. If you are applying for more than one vacancy please submit an individual application for each vacancy. Questions about this process can be directed to the City Clerk's office or by phone at 406-582- 2320. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerk's Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Applicant Information 233 First Name Christopher Last Name Nixon Physical Address 719 N Wallace Ave, Bozeman MT 59715 PO Box (if different from physical address) PO Box 6723 City Bozeman State Montana Zip Code 59771 Primary Phone (406) 544-4901 Additional Phone Not answered Current Occupation Inn Keeper Employer Self/Lehrkind Mansion Bed & Breakfast Email christopherfnixon@yahoo.com Which position are you applying for? (○) Northeast Urban Renewal Board (NURB) Do You Live in the City Limits? (Some positions do require you live within Bozeman city limits while others do not.) (○) Yes How long have you lived in the Bozeman Area? (○) 11 years or more Have you ever served on a City or County Board or Commission? (○) Yes (If Yes, where and how long?) Bozeman, several years on Tree Advisory Board and Beautification Boards Please explain your relevant qualifications, interests and experiences: I served for seven years as president of the Northeast Neighborhood Association. I served on the Bozeman Tree Advisory Board (I believe two terms), I served several terms on the Bozeman Beautification Advisory Board, during which time I headed up the annual Bozeman City wide clean up event. I have served on the board of Sacajawea Audubon Society (SAS) since 2010 and stepped up as president of SAS on June 1, 2020. I have attended (as a citizen/community member) the vast majority of the Northeast Urban Renewal Advisory Board meetings since its inception. I am usually one of less than a handful of community member attendees at the NURB meetings. I don't remember the exact dates between which I served in most of those positions. They would be in the city files or I could research and find those dates if necessary. References: Please provide name, phone, and email contact information for two references. Reference 1 Loreene Reid loreener5@gmail.com Reference 2 Amy Kelly Hoitsma aok@mcn.net 234 The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? (○) Yes How did you hear about this board or vacancy? A current NURB member - Jeanne Wesley-Wiese plus I attend most board meetings. Have missed since COVID-19 began. Is there any other information that you feel we need to know? I also served on a City of Bozeman special task force - The Solid Waste Task Force. I believe that was as an appointment. If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 582-3232 (TDD 582-2301). Please note that for most Citizen Advisory Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Thank you, City Of Bozeman This is an automated message generated by the Vision Content Management System™. Please do not reply directly to this email. 235 NCOA Alfred M. Stif 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 Development Review Application A1 Page 3 of 3 Revision Date: 5.16.18 REQUIRED FORMS: Varies by project type, PLS DocuSign Envelope ID: D4802737-6634-4DDF-B830-B50CF0E863AC X Jeanmarie Kathleen Owkes, Bozeman Coho LLC Patty Cowles, 3120 Wagon Wheel LLC 206 3 — Townhouses & rowhouses (only for dwellings to satisfy minimum requirements of division 38.380 of this chapter) 2,500 3 2,500 3 2,500 3 2,500 3 2,500 3 None 2,500 3 2,500 199 FOUND 5/8 INCH REBkR WITH 1 1/4 INCH PLASTIC CAP (0>STON) OR AS NOTED [@ EXISTING UG POWER BOX @ EXISTING TELEPHONE BOX © EXISTING SANITARY SEWER MANHOLE H DIISTING PRE HTDRANT EXISTING WATER VALVE ® EXISTING CURB STOP PROPERTr BOUNDWiY UNE CITY M-2 - SURROUNDING PROPERTY LINE — — — — EASEMENT LINE — EXIOTNG COUNTY ZONING BOUNDARY ^— . ' ^^ cnv OF BOZEMAN UMITS — ^ — — PROPOSED B-2 ZONING BOUNDARY - we — EXISTING UNDERGROUND ELECTRIC UNE EXISTING GAS UNE — f-o — EXISTING RBER OFnCS UNE — . — EXISTING WATER MAIN EXISTING SANITARY SEWER MAIN E'\B S'D PROPOSED B-2 ZONING DISTRICT BASIS FOR AZIMUTHS FROM NORTH: GPS OBSERVATIONS ON MODIRED STATE PLANE GRID. ROTATC AZIMUTHS SHOWN I'OB'32" CCW TO OBTAIN PLATTED AZIMUTHS. [N45"00'00"E] BEARING COMPUTED FROU AZIMUTH SHOWN AREA TABLE PARCE3. RIGHT-OF-WAY TOTAL AREA: 87,551 SF .iO.549 SF 118.100 SF / 2.7112 ACRES DATE OF PREPARATION: 11/04/2020 oaHi EnHi"«e^ngj ai-id Sur'^eyin-g Ine, IfMI tliii,', iriflfii'jfiwtEi,)M(ii,i]i. WtWW PiW (dQB) 5g?.111& ' I;M i^Q6] 567.0 ?&?) w<wiiiwia'r!ria".;.!;uii- * «te<»''il;'}nu4fBt- '-yrii /\ 2 / / \ / / \ / \ ^ 15" CULVERT «b / \ s€^ft ^ / COUNTY RO ZONING \ \ LAND USE; RESiDENTIAL 's- K^ HBt HYCTWNT \ \w^ »/ 'NO UP' •Y-VS^B^BSiT ^ \ \ \ '^^s^gg^ .^ ,? ^& OF ASRW.T LOT 1A, MINOR SUBD. NO. 147A 3 \ / v [N25-: 78.48 025"58'; ^&A •^ CITY B-2 \( a ,?: X ZONING ^ SSS^A». 40 Seal* Jn /ft 4fl JU-i \ •td s s FOUND 5/B" 1»/1- \ 12 Scab fn 0 Mttfrs M ?tf NO. UP \ ,'! i>[s4^w'4p"E^ \ ^yy\\\\\ ^128.7? lifffr ')(%^Ty\RO\ZpNilM^ ^'\T^^L)^MnTY\V;! \ ^ \ .'? .? .^ s; \ .? !^\ \ \ W^ s^U^E: UiyEV^OPip y \ \ \ \ \/<-\ ID' ynUTf\EASEIt(EMT OTHER POCUtiEKT ZONING % \ '^ 's' yc?^' w^ \ LAND USE: RIGHT OF WAY (? •J ^ .<%> «' .s / •^ \ PRO«>SE,cl^rzgS,2N"^uiS% ;y <&^ \ HTORAHT \ ?/\\\\\\\\\\ ^\CIT^-?\ ZONING' \ \ \ kpR(S)RO.SED]\ \ \ -^ \\ UWD \li^\E: \<IPER»IARY\ \\\SPECW.^\1\ HOSPIT*v^ ^ \^»^' •%. r/ •b. COUNTY RO ZONING &'.<? ^<». / > ULVEOT ^ ^ / ^ CITY R-0 ZONING LAND USE: ADMINISTRATIVE PROFESSiONA.L ^\^\ LOT 2 30.00 30r41'0»' [N5718'5)' ^; s? >R y < / ??-§Fzgs%"oia!K ^^? '^ 0 ^ ^ ^ ^c ^ ¥ /r / v ^ ^ ^; ^- '% r. \^ ^^ s€ * y /" \ IAND USE: RESIDENTIAL A /^'\ / °^<r \ \ ^ MOST S'LV C(»._OFLOT_ BLOCK S. WLKER p-ol: P.U.D. <<> LOT 1 •a0 / \ \, '0. •^ ^ / COUNTY RO ZONING \ x.>^.~^v\. / v.\~\ \\ '\ \ / \ COUNTY AS ZONING CITY M-2 ZONING LAND USE: R'GHT OF WAY J. ^ »200410 111 )^ EXISTING FIRE HYDRANT x EXISTING WATER VALVE » DdSTING CURB STOP PROPERTY eOUNDARf UNE CITY ZONING _ — — _ SURROUNDING PROPERTr LINE — — — - EASEMENT LINE —— EXISTING COUNTY ZONING BOUNDARY ^^ • • ^— crrr OF BOZEMAN UMITS — ^ ^ — PROPOSED ANNEXATION BOUNDARY EXISTING UNDERGROUND ELECTOIC UNE — us — EXISTING GAS UNE EXISTING FIBER OPTICS UNE EXISTING WATER MAIN s' — EXISTING SANinmr SEWER MAIN BASIS FOR AZIMUTHS FROM NORTH: GPS OBSERVATIONS ON MOOIREO STATE PLANE GRID. ROTATE AZIMUTHS SHOWN rOS'i2" CCW TO OBTAIN PLAHED AZIMUTHS. [N45-00'00'E] BDWING COMPUTED FROM AZIMUTH SHOWN AREA TABLE PARCEL RKSHT-OF-WAY TOTAL AREA: B7.551 SF 30.549 SF 118.100 SF / 2.7112 ACRES MTE OF PREPAWnON: 11/04/2020 oaiaii Enginttaring and Surveying Ine, !R9< iliiin/d'.finn Cjfivo • t)<»fi'"Bli. MTfig'^fi l~i..i,i; M06)S8?>111^ • r^ {•iW] s^ O.'GI^ .^y.-iiytW!":. ,.„!,,. ;;^.?.'i....i,,-..:!', ..,;'.. /\ ^'^^ 2 / \ ^. \0 z ?u 0^ ^ ^ ^. / \ ,^ 0 %p / ^ s .VS •^.\ \ ^ s / d? ^ ^ <b \ ^ ^ \^^i / \ ^^ COUNTY RO ZONING \ A! <v PRE V MOWW \ LOT £. A \ \ \ < /' ,; [N25-: 7B.7; 48 ossrsa'fi" (R) '*£ ?» v ^^ ,. ^'""128."\73 ^ 13ff{. r2 / 7i. ssrsa'fi' ^ ^ CITY B-2 *. ZONING Soalt In rift ^\ ^^^UMW°OH 40 ^"i >«¥ a. \ 12 0 12 p-Seal* In K.ter* ?tf FOUND S/B' s?<s: ^ \ So - <D FOUN 5/B- SAR W/ MO UP. \ a? S SHOT BASE. BEMT / 10' unUTY EASEMENT \ PER OTHER 60UNTY RO ZONING ^ \ ^ y \ [CURRENT] UNO USE: UNDEVELOPED M-2 ^^ .»* '« s' / MOST E"LY COR. UOT 3 4l. <i \ FOUND S/8- REBIK •/ VOUX LAND USE: RIGHT OF WAY <»»it!CTY SS/OF BOZEMAN SSSS^ ^ LOT 3 PUSTIC CAP (C*H DWR B518ES) *%^ 0 \ \ foSi'SS.."' ^ 4(^./ \<&^ \ HTORAKT //^- J£ i3i£Z SS!?!£2. •}/ / ~ PER OTHER OOCUMEm- ^- \ •*. COUNTY RO CITY B-2 ZONING ZONING > [PROPOSED] "~^ ^-^ LAND USE: VETERINARY SPECIALTY HOSPTTAL » ^^ » LAND USE / / .<? ^ *• 30.00 30741'OB" •s CITY R 0 ZONING [N52-18'51' ^~^ ^'o. LAN D USE AOM TRAT!VE '« h v%<s> r. LOT 2 ^ 1?^ '-•A ^ / ^SE^^oiK ^ 0 ^', A COUNTY AS ZONING » ^9.-*/ \ ^ ^ *?"^\ // ^ ^•*• ^ '^ \ // ^ ^ ^%- \ /^ \. ^ %•o ^ /<> / ^ LOT -SE&T"^ . •6< SUBO. P.U.D. LOT 1. PROPERTY 0 / <<'D-^~^^^\ ^ ^<<^\'^ x^\xv. \ / COUNTY RO ZONING \ / / J CITY M-2 ZONING LAND USE: RIGHT OF WAY 1200+40 103 Phone Service $0.00 Bonus (if applies) $0.00 Total General Conditions $0.00 SUMMARY Labor $636.50 Equipment $226.65 Subtotal General Conditions Subtotal General Conditions $0.00 Construction Time Affected : Yes No Subtotal $1,983.05 Notes on Contract Time: Add Markup - Material $24.64 Materials $164.24 Subcontractor $955.66 General Conditions $0.00 Add Gross Receipts Tax, Bonds & Insurance $61.66 **Gross Receipts Tax is included if applicable in your State. Add Markup - Subcontractor $47.78 Subtotal $2,055.47 Grand Total Signature of Project Representative Signature of COP Construction Representative COPFORM OM10-10 - Daily Force Account/Back Charge/Extra Work Report, Rev. 03/02/2011 78 $0.00 Colter Craig Pipelayer $254.50 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Cordell Stookey Supervisor $382.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Subtotal Labor Subtotal Labor Total Labor Work Truck $0.00 $0.00 COP EQUIPMENT - MARKUP INCLUDED RENTAL EQUIPMENT - MARKUP INCLUDED Description Description Welder $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Subtotal COP Equipment Subtotal Rental Equipment $0.00 TOTAL EQUIPMENT $226.65 Subtotal Prior to Sales Tax Subtotal Prior to Sales Tax $0.00 Sales Tax if Applicable Sales Tax if Applicable $0.00 COPFORM OM10-10 - Daily Force Account/Back Charge/Extra Work Report, Rev. 03/02/2011 77 Site Security $0.00 Bonus (if applies) $0.00 Phone Service $0.00 Total General Conditions $0.00 SUMMARY Labor $724.00 Equipment $989.58 Subtotal General Conditions Subtotal General Conditions $0.00 Construction Time Affected : Yes No Subtotal $1,713.58 Notes on Contract Time: Add Markup - Material $0.00 Materials $0.00 Subcontractor $0.00 General Conditions $0.00 Add Gross Receipts Tax, Bonds & Insurance $51.41 **Gross Receipts Tax is included if applicable in your State. Add Markup - Subcontractor $0.00 Subtotal $1,713.58 Signature of Project Representative Signature of COP Construction Representative Grand Total COPFORM OM10-10 - Daily Force Account/Back Charge/Extra Work Report, Rev. 03/02/2011 76 Carson W Foreman $120.80 Jason W Pipelayer $101.80 $0.00 Tod M Head Operator $116.20 Gus J Loader Operator $116.20 Joe C Backfill Operator $116.20 $0.00 $0.00 Shane S Supervisor $152.80 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Subtotal Labor Subtotal Labor Total Labor 335 Excavator $0.00 Work Truck $0.00 COP EQUIPMENT - MARKUP INCLUDED RENTAL EQUIPMENT - MARKUP INCLUDED Description Description 308 Excavator $0.00 Trench Box 8 ft $0.00 Supervisor Truck $0.00 $0.00 Loader $0.00 $0.00 $0.00 Generator and Pump $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Subtotal COP Equipment Subtotal Rental Equipment $0.00 TOTAL EQUIPMENT $989.58 Subtotal Prior to Sales Tax Subtotal Prior to Sales Tax $0.00 Sales Tax if Applicable Sales Tax if Applicable $0.00 COPFORM OM10-10 - Daily Force Account/Back Charge/Extra Work Report, Rev. 03/02/2011 75 Traffic Control 1.0 $0.00 $0.00 $0.00 SUBCONTRACTORS - WITHOUT MARKUP Total $12,650.00 Units Bore Suncontractor Delay Time 23.0 $0.00 $0.00 Itemize Completely $0.00 Sales Tax if Applicable Subtotal Prior to Sales Tax $0.00 $420.00 Bore Head Repairs $0.00 MATERIALS USED / EXPENSES - WITHOUT MARKUP Per Diem - Salary Per Diem - Hourly Safety Training Employment Expenses Safety Equip. & Supplies Total Subcontractors Itemize Completely Total Materials / Expenses $0.00 $0.00 $0.00 Units Page 2/2 DAILY FORCE ACCOUNT/BACKCHARGE/EXTRA WORK REPORT Total $0.00 $0.00 $15,852.00 Add Markup - Material Phone Service Itemize Completely Units $13,070.00 $2,400.00 $382.00 $0.00 Subtotal $0.00 Add Markup - Subcontractor $653.50 Add Gross Receipts Tax, Bonds & Insurance $16,505.50 $495.17 Subtotal **Gross Receipts Tax is included if applicable in your State. COPFORM OM10-10 - Daily Force Account/Back Charge/Extra Work Report, Rev. 03/02/2011 74 Subtotal Labor Subtotal Labor Total Labor COP EQUIPMENT - MARKUP INCLUDED RENTAL EQUIPMENT - MARKUP INCLUDED $0.00 Description Description Sales Tax if Applicable $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 EQUAL OPPORTUNITY EMPLOYER Describe Work Perfomed: Bore Obstruction Removal $0.00 $382.00 $0.00 $0.00 $0.00 Sales Tax if Applicable Subtotal Rental Equipment $0.00 Page 1/2 DAILY FORCE ACCOUNT/BACKCHARGE/EXTRA WORK REPORT 20105 Job Name/Location: Front Street Straight or Blended Total St. Time Overtime Total Overtime TOTAL Rate 9/30/2020 The information contained here-in shall represent the work performed on the date noted. COP Construction LLC reserves the right to include overlooked expenses before final invoice. Labor rates based on composite week hours as marked: LABOR USED - MARKUP INCLUDED Name Classification $0.00 Shane Sheridan Superintendent $0.00 Subtotal COP Equipment TOTAL EQUIPMENT $0.00 COPFORM OM10-10 - Daily Force Account/Back Charge/Extra Work Report, Rev. 03/02/2011 73 $0.00 $0.00 SUBCONTRACTORS - WITHOUT MARKUP Consultants $0.00 Traffic Control Itemize Completely $1,095.00 Sales Tax if Applicable Subtotal Prior to Sales Tax $0.00 $0.00 Subtotal General Conditions Subtotal General Conditions $0.00 $0.00 $0.00 Itemize Completely Small Tools Fuel Storage Sanitary Facillities Units Phone Service $0.00 $0.00 $0.00 $0.00 Dumpster Units $0.00 $0.00 Signature of Project Representative Signature of COP Construction Representative Grand Total $0.00 Total General Conditions $2,400.00 SUMMARY Labor $1,095.00 $0.00 $2,400.00 Subtotal $164.25 $0.00 $4,802.20 $5,174.43 Add Gross Receipts Tax, Bonds & Insurance Notes on Contract Time: $0.00 $0.00 $0.00 Materials Subcontractor General Conditions Construction Time Affected : Yes No Equipment Bonus (if applies) Office Rent Site Security $0.00 $0.00 $0.00 COPFORM OM10-10 - Daily Force Account/Back Charge/Extra Work Report, Rev. 03/02/2011 72 St. Time Overtime Total Overtime Joe C Backfill Operator $581.00 Jim P Truck Driver $561.00 Jaosn P Laborer $509.00 Gus J Loader Operator $581.00 Nate Pipelayer $509.00 Josh L Project Engineer $112.20 Tod M Head Operator $581.00 Shane S Supervisor $764.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Subtotal Labor Subtotal Labor Total Labor Description 308 Excavator COP EQUIPMENT - MARKUP INCLUDED RENTAL EQUIPMENT - MARKUP INCLUDED $0.00 Description Skid Steer 335 Excavator Work Truck Supervisor Truck $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Water Truck Loader Sales Tax if Applicable $0.00 Subtotal Prior to Sales Tax $0.00 Subtotal COP Equipment Subtotal Rental Equipment TOTAL EQUIPMENT COPFORM OM10-10 - Daily Force Account/Back Charge/Extra Work Report, Rev. 03/02/2011 71 $0.00 Safety Training Sanitary Facillities Site Security $0.00 Bonus (if applies) $0.00 Phone Service $0.00 Total General Conditions $0.00 SUMMARY Labor $1,086.00 Equipment $952.75 Subtotal General Conditions Subtotal General Conditions $0.00 Construction Time Affected : Yes No Subtotal $2,465.25 Notes on Contract Time: Add Markup - Material $63.98 Materials $426.50 Subcontractor $0.00 General Conditions $0.00 Add Gross Receipts Tax, Bonds & Insurance $75.88 **Gross Receipts Tax is included if applicable in your State. Add Markup - Subcontractor $0.00 Subtotal $2,529.23 Signature of Project Representative Signature of COP Construction Representative Grand Total COPFORM OM10-10 - Daily Force Account/Back Charge/Extra Work Report, Rev. 03/02/2011 70 Carson W Foreman $181.20 Jason W Pipelayer $152.70 $0.00 Tod M Head Operator $174.30 Gus J Loader Operator $174.30 Joe C Backfill Operator $174.30 $0.00 $0.00 Shane S Supervisor $229.20 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Subtotal Labor Subtotal Labor Total Labor 335 Excavator $0.00 Work Truck $0.00 COP EQUIPMENT - MARKUP INCLUDED RENTAL EQUIPMENT - MARKUP INCLUDED Description Description 308 Excavator $0.00 Trench Box 8 ft $0.00 Supervisor Truck $0.00 $0.00 Loader $0.00 $0.00 $0.00 Mini Excavator $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Subtotal COP Equipment Subtotal Rental Equipment $0.00 TOTAL EQUIPMENT $952.75 Subtotal Prior to Sales Tax Subtotal Prior to Sales Tax $0.00 Sales Tax if Applicable Sales Tax if Applicable $0.00 COPFORM OM10-10 - Daily Force Account/Back Charge/Extra Work Report, Rev. 03/02/2011 69 $0.00 $0.00 $0.00 $0.00 GENERAL CONDITIONS (Markup Included When Contract Allows) $0.00 $0.00 Total Subcontractors $0.00 Signature of Project Representative Signature of COP Construction Representative Grand Total Subtotal General Conditions $0.00 Total General Conditions $0.00 SUMMARY Labor Subtotal General Conditions $0.00 $0.00 $0.00 Subtotal $938.00 $1,426.16 Add Gross Receipts Tax, Bonds & Insurance $2,364.16 $0.00 Subcontractor General Conditions Construction Time Affected : Yes No Notes on Contract Time: Materials Equipment Bonus (if applies) Office Rent Site Security $0.00 $0.00 Employment Expenses $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 SUBCONTRACTORS - WITHOUT MARKUP Consultants $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 COPFORM OM10-10 - Daily Force Account/Back Charge/Extra Work Report, Rev. 03/02/2011 68 Subtotal COP Equipment Sales Tax if Applicable EQUAL OPPORTUNITY EMPLOYER Describe Work Perfomed: Misc. work for SD replacement. Inlet run cut out for mainline LABOR USED - MARKUP INCLUDED Name Classification Straight or Blended Total St. Time Overtime Total Overtime TOTAL Rate Gus J Loader Operator $116.20 Joe C Backfill Operator $116.20 Carson W Foreman $120.80 Olivia M Pipelayer $101.80 Shane S Supervisor $152.80 Stetson Pipelayer $101.80 Jim P Truck Driver $112.20 Tod M Head Operator $116.20 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Subtotal Labor Subtotal Labor Total Labor Description $0.00 COP EQUIPMENT - MARKUP INCLUDED RENTAL EQUIPMENT - MARKUP INCLUDED $0.00 Description Supervisor Truck $0.00 $0.00 $0.00 $0.00 $0.00 Trench Box 8 ft Loader $0.00 $0.00 $0.00 $0.00 $0.00 Sales Tax if Applicable Subtotal Prior to Sales Tax Subtotal Prior to Sales Tax $0.00 $0.00 $0.00 $1,426.16 COPFORM OM10-10 - Daily Force Account/Back Charge/Extra Work Report, Rev. 03/02/2011 67 Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction Specifications Institute. Page 1 of 2 Q:\Backup\Forms\COB Change Order Form.doc December 8,2020 December 8, 2020 City of Bozeman, MT COP Construction LLC Front Street Interceptor Sanitary Sewer Main Replacement Front Street Sewer Stahly Engineering & Associates 2709-00218 Reconciling Change Order Final Quanity Adjustment 3,126,126.00 0 3,126,126.00 3,033,261.85 November 25, 2020 October 26, 2020 120 days October 26, 2020 November 25, 2020 (92,864.15) 0 0 7 days 7 days November 2, 2020 December 2, 2020 See attached cover letter 1 12-16-20 12/16/2020 62 1 Rounded to nearest $50 increment. $500 minimum with permanent easements. 32 L"7\ 'ON "agns yoNin 'VL 101 y€%^>^' / ^ ^^^ VNVINOI^I 'AINHOO N11VT]VO w'^vw -/o 'j ^ '<y "S I '1 ISZ N01133S F/1 MS ON V l9Z N01103S tt/t 3S 3H1 N1 031VDO-1 •a'n'd NOisiAiaans u^doidd H3>iiVM 's >130~ia '£ 10~1 SSO^IOV 1N31^3SV3 Ainiin .01. JXC t^ iiaiHXS 20 II 1.^ lu I! 1^ 1^ >1 \m ^I I .^ uI II >. I ^ ffl 01 w w I I s I s 2 w cs I ^-° -u s s ^ cS aj 3 .a u 3 s u x u 0- ?^> ^ u X^-s 's ^ 0 vy ," "a ^ < -s cd iu » s s s §gj M T3 ^ 03 u s s Ofl ^ <4- 's T3 0 c ? (rf ^ SQ ^ 0 c cu u 0 04 -s c3 M -0 ^ c § s +J- -3 s w u- > u s h •-3 s ; ^ &< s3 ^ u >1 u -^ >^ -s^ s ^, 's m -a T3 4^ cd 6, " s £ u rt s c &0 ^ ^ c VS § £l 3 T3 0 s 0 s cn (U c a .2 CM 0 ^ s c2 v-1 s D (U s 7 si I ! rt s <+^ IG0O ^ ^ II &. 1^0' . u II•G CL( ^3 .S 1:1^ 1 1.1 % ^i SP S 0 ^ 0 '1^ 0^ 19 0 I(U ^ ^ I I I B, cj 15 i I I: e sM ^ I '^ Icn I ^ II M M' ^ s II! in ^ § I I I I ffl u I a3 1 -fi ^ I ^. cn 50 11 i s II 0 > jj 's ^ -§ i u I il I c I I00 I I" I<u I! u &< t ^I s 11 ^ .^ I! fi ^ s ° 1 I 1 ^ (U § tw 0 j ^ s s 1 .1 1 0 1 I .& 1 i cn | s3 I -I I s I I 0 ^ i -^ s t I ^ s I I i •is <u ^ 1 i <s 0 ^ -1 I & § I 1 I -s 1§ ^ :1 s ^ •I I 0 s I II !s ! I I § ^ 0 1 .s w I iI ^ I 3 ^-i ^ s. Vl CQ t &< s m ^ t(<^ u (73 I .s ^ § co I ^ I .2 |co 1 I s VI 'Is i I 0 cd I D 1 I r^ o I " 2 (/) p^ ^ I. ^ ~s a in ^ i < I£ 3 s3 1 I§ I 1 II cn II 11 .2 .^ I !{ I ^ I cd I ^ I 1 I I I ! i I s % ^ s cn 0 .1=; s § ^ & s "s s 1 I 0s I I't u &it , It I I j !H^I •c &, 1 I I ^s ^ 1 I -0 ^ 's M I 1 8 w cn I M ^ .1 I 11 11 ^ s i I i I i | .2 ^ 1 g1 fI.2 ^ ^i g is I ^ f! s r ^ 1 Iu J=! 18 UTILITY LOCATION NOTE: The Existing utilities shown on this map ore from a 811 One coll and only represent ��il if i�� roximate location of the underground 80 40 0 IN FEET EXHIBIT "A" STAHLY ENGINEERING & ASSOCIATES PROFESSIONAL ENGINEERS & SURVEYORS CITY OF BOZEMAN PROPOSED PUBLIC UTILITY EASEMENT DESIGNED: J Pugh DRAWN: J Pugh CHECKED: C. Pool 2223 MONTANA A VE. STE. 201 BILLINGS, MT 59101 Phone: ( 406)601-4055 Fox:(406)601-4062 www.seaeng.com 3530 CENTENNIAL DR. HELENA. MT 59601 Phone: ( 406)442-8594 Fax: ( 406)442-8557 851 BRIDGER DR. STE. 1 BOZEMAN, MT 59715 Phone: ( 406)522-9526 Fax: ( 406)522-9528 STORY MILL ROAD AREA (DEED FM152PG2244) OWNER: CITY OF BOZEMAN, MONTANA DATE: April 07, 2020 PAGE 1 OF 1 80 15