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HomeMy WebLinkAbout02-09-21 City Commission Meeting Agenda and Packet MaterialsA. Call to Order - 6:00 PM - WebEx Video Conference B. Pledge of Allegiance and a Moment of Silence C. Changes to the Agenda D. Public Services Announcements D.1 City of Bozeman Offices will be closed on February 15 in observance of Washington's Birthday. This is not a garbage holiday and pickup will be on the regularly scheduled day. There will be no City Commission meeting on February 16. E. FYI F. Commission Disclosures THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, February 9, 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=e31d4d3ea3e22bd83d17c563e895a8d69 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: 182 736 7910 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, February 9, 2021 1 G. Consent G.1 Accounts Payable Claims Review and Approval (Yeykal) G.2 Authorize the City Manager to Sign a Conditional Irrevocable Offer of Dedication with Annex of Bozeman, LLC for Infrastructure Improvements for the Annex of Bozeman Site Plan Project (19320)(Nielsen) G.3 Authorize the City Manager to Sign a Drainage Easement with Black Dirt, LLC for the Walton Homestead Medical Clinic Site Plan (20299)(Johnson) G.4 Authorize the City Manager and Interim Chief of Police to Sign a Memorandum of Understanding with the Missouri River Drug Task Force for Fiscal Years 2022- 2023(Veltkamp) G.5 Authorize the City Manager to Sign a Professional Services Agreement with Insight Marketing Design for Communications Support to the Community Housing Program(Andreasen) G.6 Authorize the City Manager to Sign an Amendment One with Morrison Maierle for the Cottonwood Road Improvements from Oak Street to Baxter Lane Project(Murray) G.7 Authorize the City Manager to Sign an Amendment One to the Professional Services Agreement with Stahly Engineering & Associates for the Front Street Interceptor Sanitary Sewer Main Replacement Project(Murray) G.8 Authorize the City Manager to Sign a Task Order 13 with Sanderson Stewart for Right-of- way Acquisition Services for the Fowler Connection (Huffine to Oak) Project(Lonsdale) G.9 Authorize the City Manager to Sign a Task Order 14 with Sanderson Stewart for Right-of- way Acquisition for the Shared Use Path Along North 19th Avenue(Lonsdale) G.10 Resolution 5260, Authorizing a Change Order Number Two with COP Construction for the Davis Lane Lift Station and Norton East Ranch Outfall Sewer Project(Murray) H. Public Comment 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 state your name and address in an audible tone of voice for the record and limit your comments to three minutes. I. Special Presentation I.1 Second Quarter Financial Report(Donald) I.2 Second Quarterly Report for Inclusive City (Mihelich ) Bozeman City Commission Meeting Agenda, February 9, 2021 2 J. Action Items J.1 Baxter Creek Zone Map Amendment to Change 18.24 Acres from B-2 (Community Business District) to B-2M (Community Business District-Mixed), Application 20-387(Saunders) J.2 Buffalo Run Annexation and Zone Map Amendment to Annex 20.79 Acres and Establish an Initial Zoning of R-5, Residential Mixed-Use High Density District at 5400 Fowler Lane, Application 20112(Saunders) K. Appointments K.1 Appointments to the Building Board of Appeals (Maas) K.2 Appointment to Transportation Coordinating Committee (TCC)(Maas) L. FYI / Discussion M. 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, February 9, 2021 3 Memorandum REPORT TO: City Commission SUBJECT: City of Bozeman Offices will be closed on February 15 in observance of Washington's Birthday. This is not a garbage holiday and pickup will be on the regularly scheduled day. There will be no City Commission meeting on February 16. MEETING DATE: February 9, 2021 AGENDA ITEM TYPE: Administration RECOMMENDATION: No action necessary. 4 Memorandum REPORT TO: City Commission FROM: Marcy Yeykal, Accounting Technician Kristin Donald, Finance Director SUBJECT: Accounts Payable Claims Review and Approval MEETING DATE: February 9, 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: None. 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 30, 2020 5 Memorandum REPORT TO: City Commission FROM: Griffin Nielsen, PE, Engineer II Shawn Kohtz, PE, City Engineer Mitch Reister, PE, Director of Public Works SUBJECT: Authorize the City Manager to Sign a Conditional Irrevocable Offer of Dedication with Annex of Bozeman, LLC for Infrastructure Improvements for the Annex of Bozeman Site Plan Project (19320) MEETING DATE: February 9, 2021 AGENDA ITEM TYPE: Agreement - Property RECOMMENDATION: Authorize the City Manager to sign a conditional irrevocable offer of dedication with Annex of Bozeman, LLC for infrastructure improvements for the Annex of Bozeman Site Plan project (19320). STRATEGIC PLAN: 4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND: Attached is a copy (original to City Clerk) of the partially executed agreement. Engineering staff reviewed the document and found it to be acceptable. UNRESOLVED ISSUES: None. ALTERNATIVES: As suggested by the City Commission. FISCAL EFFECTS: None. Attachments: Conditional Irrevocable Offer of Dedication Report compiled on: January 25, 2021 6 7 8 9 10 Memorandum REPORT TO: City Commission FROM: Karl Johnson, Engineer I Shawn Kohtz, PE, City Engineer Mitch Reister, PE, Director of Public Works SUBJECT: Authorize the City Manager to Sign a Drainage Easement with Black Dirt, LLC for the Walton Homestead Medical Clinic Site Plan (20299) MEETING DATE: February 9, 2021 AGENDA ITEM TYPE: Agreement - Property RECOMMENDATION: Authorize the City Manager to sign a drainage easement with Black Dirt, LLC for the Walton Homestead Medical Clinic Site Plan (20299). STRATEGIC PLAN: 4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND: Authorize the City Manager to sign a drainage easement with Black Dirt, LLC for the Walton Homestead Medical Clinic Site Plan (20299). UNRESOLVED ISSUES: None. ALTERNATIVES: As suggested by the City Commission. FISCAL EFFECTS: None. Attachments: Drainage Easement Report compiled on: January 26, 2021 11 12 13 14 15 Memorandum REPORT TO: City Commission FROM: Jeff Mihelich, City Manager Jim Veltkamp, Interim Chief of Police SUBJECT: Authorize the City Manager and Interim Chief of Police to Sign a Memorandum of Understanding with the Missouri River Drug Task Force for Fiscal Years 2022-2023 MEETING DATE: February 9, 2021 AGENDA ITEM TYPE: Agreement - Agency/Non-profit RECOMMENDATION: Authorize the City Manager and Interim Chief of Police to sign a memorandum of understanding with the Missouri River Drug Task Force for fiscal years 2022-2023. STRATEGIC PLAN: 1.3 Public Agencies Collaboration: Foster successful collaboration with other public agencies and build on these successes. BACKGROUND: The City of Bozeman has been a member of the Missouri River Drug Task Force (MRDTF) since 1990. The Bozeman Police Department currently has two officers assigned as full-time MRDTF detectives. The mission of the MRDTF is “to provide a collaborative federal, state and local law enforcement approach to identify, target and address those involved in drug trafficking, manufacture and/or violence.” The MRDTF utilizes sophisticated long-term investigative approaches, including undercover surveillance operations, the purchase of evidence and information, and electronic surveillance to disrupt and dismantle targeted drug trafficking and manufacturing organizations. The purpose of this Memorandum of Understanding (MOU) is to establish general guidelines and operational procedures for this multi-agency task force. Agencies participating in this project recognize that combating drugs is of paramount importance to the safety of their communities. Through a united effort, resources are utilized more efficiently and investigative efforts are more productive. Participating agencies are committed to working cooperatively and fully sharing information. Members include: City of Bozeman; City of Helena; City of East Helena; City of Belgrade; Broadwater County; Gallatin County; Lewis & Clark County; Madison County; Park 16 County; City of Livingston; City of West Yellowstone; Montana State University; Sweet Grass County and Meagher County. UNRESOLVED ISSUES: None. ALTERNATIVES: As recommended by the City Commission. FISCAL EFFECTS: Participation in MRDTF allows for grant opportunities that pay partial salaries of two Bozeman police officers. Shared training and equipment is used that would otherwise be cost prohibitive to the City of Bozeman. Forfeiture of seized money, vehicles or items as part of drug interdiction efforts are used to augment local operations. Attachments: Memorandum of Understanding with the Missouri River Drug Task Force for Fiscal Years 2022-2023.pdf Report compiled on: January 26, 2021 17 MISSOURI RIVER DRUG TASK FORCE-HIDTA Bozeman (406) 582-2110 Helena (406) 447-8046 Cpt. Ryan Stratman-Commander MISSOURI RIVER DRUG TASK FORCE MEMORANDUM OF UNDERSTANDING FY 2022 – FY 2023 Please route for signatures and when signed:  Scan in color to kalyn.brown@gallatin.mt.gov Requested return no later than 3/1/2021 18 2 MISSOURI RIVER DRUG TASK FORCE MEMORANDUM OF UNDERSTANDING FY 2022 – FY 2023 Purpose The purpose of this Memorandum of Understand is to establish general guidelines and operational procedures for a multi-agency Task Force to address drug- related crime. Through the spirit of cooperative efforts, and a strong commitment to combat drug-related trafficking, manufacturing, and violence, the MISSOURI RIVER DRUG TASK FORCE was formed in 1990. Agencies participating in this project recognize that combating drugs is of paramount importance to our communities. Through our united efforts, our resources will be better utilized and our investigative efforts will be more fruitful on behalf of the communities we serve. The participating agencies are committed to cooperative efforts and full information sharing through their participation in the MISSOURI RIVER DRUG TASK FORCE. Mission Statement The mission of the MISSOURI RIVER DRUG TASK FORCE is to provide a collaborative federal, state and local law enforcement effort to identify, target and address those involved in drug trafficking, manufacture and/or violence. The MISSOURI RIVER DRUG TASK FORCE will utilize sophisticated long-term investigative approaches, including undercover surveillance operations, the purchase of evidence and information, and electronic surveillance to disrupt and dismantle targeted drug organizations. 19 3 MISSOURI RIVER DRUG TASK FORCE MEMORANDUM OF UNDERSTANDING FY 2020 – FY 2021 This agreement is entered into January 20, 2021 among the following local government jurisdictions: City of Belgrade; City of Bozeman; City of East Helena; City of Helena; City of Livingston; City of West Yellowstone; Broadwater County; Gallatin County; Lewis & Clark County; Madison County; Meagher County; Park County; Sweet Grass County; and Montana State University at Bozeman. No new entity is created by reason of this Agreement. Whereas, there is evidence of drug trafficking, manufacturing, and drug-related violence in the above-described jurisdictions, and that such illegal activity has a substantial and detrimental effect on the health and general welfare of the people residing in these jurisdictions, the parties hereto agree to the following: 1. The Missouri River Drug Task Force (MRDTF) will perform the activities and duties described below: A. Disrupt the illicit drug traffic in above jurisdictions by immobilizing targeted violators and trafficking organizations, by; B. Gather and report intelligence data relating to trafficking in narcotics and dangerous drugs; C. Conduct undercover operations where appropriate and engage in other traditional methods of investigation, developing probable cause for issuance of warrants for search and seizure, and arrests, in order that the Task Force's activities will result in effective and successful prosecution before the courts of Montana. 2. To accomplish the objectives of the MRDTF, the Gallatin County Sheriff’s Office agrees to provide two (2) deputies and an administrative assistant, the Bozeman Police Department agrees to provide two (2) police officers, the Lewis & Clark County Sheriff’s Office agrees to provide one (1) deputy, the Helena Police Department agrees to provide two (2) police officers, and the City of Livingston and the Park County Sheriff’s Office agree to provide one (1) deputy. Montana State University at Bozeman agrees to provide one (1) police officer. Lewis and Clark County Sheriff’s Office agrees to provide one (1) administrative assistant who will be an employee of Lewis and Clark County with wages and benefits to be paid for by the grant, subject to the same constraints. The County Attorney Offices of the participating 20 4 counties agree to assist the MRDTF by providing legal advice, drafting search warrants and investigative subpoenas, prosecuting drug offenders, and prosecuting drug forfeiture actions. Broadwater County agrees to submit intelligence of drug activity within their county, and if possible, manpower as needed. Madison County agrees to provide, intelligence of drug activity within their county, and if possible, manpower as needed. Meagher County agrees to submit intelligence of drug activity within their county, and if possible, manpower as needed. Sweet Grass County agrees to submit intelligence of drug activity within their county, and if possible, manpower as needed. The City of Belgrade agrees to submit intelligence of drug activity within their city, and if possible, manpower as needed. The City of East Helena agrees to submit intelligence of drug activity within their city, and if possible, manpower as needed. The City of West Yellowstone agrees to submit intelligence of drug activity within their city, and if possible, manpower as needed. 3. The officers assigned to the MRDTF shall adhere to standard law enforcement policies and procedures as approved by the Board and those policies and procedures in effect in each member's respective agency. Failure to adhere to policies and procedures shall be grounds for dismissal from the MRDTF. MRDTF officers shall remain subject to the policies, procedures, and regulations of their parent agencies. The Executive Board will resolve any operational conflict between MRDTF policies and procedures and those of a parent agency. MRDTF policies and procedures will be adopted and used by all MRDTF members relative to drug operations and informant handling. For grant purposes only, the MRDTF Board of Directors will take administrative financial conflicts under consideration; however, any conflicts must be resolved to the satisfaction of Gallatin County. 21 5 4. Law enforcement officers assigned to the MRDTF by participating agencies (except state agents) shall be deputized in each participating jurisdiction in a manner allowed by law. 5. To accomplish objectives of the MRDTF, Gallatin County will assign one supervisory officer, one deputy and one administrative assistant personnel to the MRDTF. 6. Each participating agency is responsible for establishing and paying the salary and benefits, including overtime, of their respective officer(s) assigned to the MRDTF. MRDTF agencies must bill the MRDTF Commander on a quarterly basis no later than the second of each month following the end of each quarter. Any erroneous billing submitted and found to be in error will be returned to the agency that submitted the billing for correction and resubmission. 7. Gallatin County agrees to perform the duties of lead agency and will maintain all programmatic and financial records of the MRDTF, except for financial records of the joint MRDTF forfeiture accounts. Gallatin County will make all quarterly reports to the Board of Crime Control, and will submit relevant intelligence to the appropriate State and Federal agencies. Lewis and Clark County agrees to maintain all records of the Drug Forfeiture Fund (identified as Fund 241) and Equitable Sharing Fund (identified as Fund 242). 8. The MRDTF shall maintain, on a current basis, completed and accurate records and accounts of all obligations and expenditures of funds under this Agreement in accordance with specific accounting principles and instructions provided by the Department of Justice and the Montana Board of Crime Control to facilitate inspection and auditing of such records and accounts. 9. The MRDTF shall permit and have readily available for examination and auditing by the State, the Department of Justice and their duly authorized agents and representatives, any and all records, documents, accounts, invoices and receipts of expenditures relating to this Agreement. Therefore, records must be maintained by MRDTF, which will continue to exist until all audits and examinations are completed and resolved, or for a period of three (3) years after termination of this Agreement. 10. The lead agency will negotiate an indirect cost on an annual basis for the administration of this grant award. The indirect cost will be negotiated and determined prior to the submission of the grant applications. 22 6 11. An Executive Board shall be established. Its voting members shall be as follows: the Chief of Helena Police Department; the Chief of Bozeman Police Department; the Chief of West Yellowstone Police Department; the Chief of Livingston Police Department; the Chief of Belgrade Police Department; the Chief of East Helena Police Department, the Sheriff and the County Attorney of Gallatin County; the Sheriff and the County Attorney of Lewis & Clark County; the Sheriff and County Attorney of Broadwater County; the Sheriff of Madison County; the Sheriff and County Attorney of Park County, the Sheriff of Meagher County, the Sheriff and County Attorney of Sweet Grass County, and the Chief of MSU-Bozeman Police Department. The members of the Executive Board may designate persons from their agencies to represent the members during Executive Board meetings. The Executive Board shall have the following authority: to select a Chair and Vice Chair; to regulate and manage the MRDTF; to appoint the Task Force Commander and to designate a supervisor in the extended absence of the Task Force Commander; to establish subcommittees of the Board to conduct business; and to resolve disputes arising from MRDTF operations. The Chairperson will be the Task Force Commander’s primary contact with the Board on day-to-day issues and will bring to the Board’s attention any matters which would require a consensus of the Board prior to a regularly scheduled quarterly meeting. The Chairperson shall also preside over the Board meetings and is responsible for the formulation of minutes for the meetings and notification of Board members of upcoming meetings. The Chairperson shall be a local law enforcement member associated with the local drug task force. The tenure of the Chairperson and Vice-Chairperson shall be reviewed at the end of each calendar year. The vice-chairperson shall conduct the same business in the absence of the chairperson. A. The Executive Board shall meet at least quarterly or as convened by the Chair or Vice Chair to receive reports relative to the progress, functions, and special duties accomplished by the Task Force. B. A quorum of the Executive Board is needed to conduct business. Seven Executive Board members, or their designees, shall constitute a quorum. In meetings where a quorum is established, matters coming before the Executive Board may be approved by a majority vote of the members in attendance at a meeting. C. Agendas and Minutes. The Task Force Commander and the Executive Board Chair are responsible to see that agendas are prepared and distributed far enough in advance of meetings to ensure adequate 23 7 preparation and participation in agenda items. The Task Force Commander and the Executive Board Chair are responsible to see that accurate and complete minutes are taken of each executive board meeting. Separate executive minutes may be taken for discussion of active and ongoing investigations. 12. Assets seized during Task Force investigations shall be shared as follows: A. Assets, for the purposes of this agreement, shall include all items of value seized relative to a case and all court ordered fines or contributions to the drug fund. The Board of Directors shall appoint two "Drug Fund Managers" who shall have the authority to expend monies from the Drug Fund as designated by the Board of Directors. This authority shall be written. The Drug Fund Managers must be Board members and may not be a Task Force Agent. B. Expenditure Authority:  Expenditures over $1,000 up to and including $2,000 must have the approval of the Task Force Commander.  Expenditures over $2,000 and less than $10,000 must have the approval of the Drug Fund Managers.  Expenditures over $10,000 must be approved by motion made and carried during a meeting of the Board of Directors.  Payments to any cooperative citizen shall not exceed $5,000 in any fiscal year. C. Felony Cases: Where any Task Force agency has participated in the investigation, all monies and assets from cases filed in state and federal district court, including all civil forfeiture cases and cases where felony charges are reduced to misdemeanor charges, shall be deposited into the Drug Forfeiture Fund, “Fund 241.” D. Misdemeanor Cases: All assets from misdemeanor cases that are handled through "Justice of the Peace" or "City Court" shall remain with the local jurisdiction and are not required to be deposited to the MRDTF Drug Forfeiture Fund. 13. Forfeiture and Equitable Sharing Funds: 24 8 A. Missouri River Drug Task Force Forfeiture Fund shall be maintained by Lewis and Clark County as a part of the Lewis and Clark County Finance System. The Drug Forfeiture Fund is identified as, "Fund 241." B. Missouri River Drug Task Force Equitable Sharing Fund shall be maintained by Lewis and Clark County, and is identified as, "Fund 242." These funds, as identified by generally accepted accounting procedures, are "Special Revenue Funds." 14. Distribution of Task Force Forfeiture and Equitable Sharing Funds: Participants in the MISSOURI RIVER DRUG TASK FORCE agree that assets forfeited and received by MISSOURI RIVER DRUG TASK FORCE will be utilized primarily for the continued funding of the MISSOURI RIVER DRUG TASK FORCE (Byrne Funded Task Force). Upon request of any individual agency the Board may reimburse an agency for expenditures related to Task Force business. The Board of Directors will function as the Seizure Board for Missouri River Drug Task Force. Any expenditure of forfeited MRDTF funds requires approval by a majority of the Board of Directors. MRDTF will comply with the U.S. Department of Justice's requirements for the equitable sharing of federally forfeited property for state and local law enforcement agencies. The Task Force Commander shall make recommendations to the Board regarding the extent to which forfeited funds should be shared with outside agencies participating in case investigations. 15. Drug Fund Financial Reporting: The Drug Fund Managers shall provide a financial report to the Board of Directors at the quarterly meetings. The report shall become a part of the meeting minutes. The minimum requirement of the report is: 1. Balance of the fund at the beginning of the quarter. 2. Total deposits to the fund during the quarter. 3. Total expended from the fund and an itemization of the expenditures. 4. Balance for the fund at the end of the quarter. 25 9 16. Pending Asset Forfeiture Report: Each participating jurisdiction agrees to provide the Task Force Commander with relevant information on asset forfeiture cases and cases with dispositions pending. In the event that the Byrne Memorial Grant is unable to fund the MISSOURI RIVER DRUG TASK FORCE, funds acquired through forfeitures in Forfeiture Fund 241 and Equitable Sharing Fund 242 will be used as allowable for the continuation of the Task Force as set forth in Section 14. If the Byrne Memorial Grant funding can no longer support the MRDTF and the MRDTF is unable to function due to the lack of funding, The Board of Directors will decide to liquidate the assets of Forfeiture Fund 241 based on a formula of each agency's financial participation in the MRDTF grant. Consistent with the OMB Uniform Administrative Guidance relating to the Equitable Sharing Program in effect as of July 2018, Equitable Sharing funds shall be paid to the Lewis and Clark County Sheriff’s Office as the MRDTF Fiduciary Agent for deposit into Fund 242 and the funds shall thereafter remain with Lewis and Clark County which shall be responsible for submitting one sharing request on behalf of MRDTF to include the total hours and activities of all MRDTF member agencies. Lewis and Clark County shall maintain and report Equitable Sharing funds with its own funds and shall not maintain a secondary account. Lewis and Clark County shall not transfer Equitable Sharing funds to other member agencies, but as directed by the MRDTF Board, it shall earmark funds for permissible expenditures in support of MRDTF operations as allowed by the OMB policies. As required by these polices, equipment purchased with Equitable Sharing funds shall be inventoried and remain the property of the Lewis and Clark County Sheriff Office. 17. Damage to private property. It will be the duty of the Task Force Commander to ensure that written operations plans are used. This includes, but is not limited to: drug buys, search warrants, and high-risk arrest warrants. If there is a possibility of damage to private property during these activities, the head law enforcement officer (or his/her designee) of the jurisdiction in which the activity is to occur will be required to approve the proposed operation. Upon approval, this jurisdiction will accept responsibility for damages up to a maximum of $250.00. Any amount over $250.00 will be paid out of the MRDTF Drug Forfeiture Fund. 18. The participating agencies agree to supply their assigned officer(s) with 26 10 equipment necessary in carrying out MRDTF objectives including a radio- equipped automobile. Upon termination of the MRDTF, equipment that was initially supplied to the MRDTF by participating agencies shall be returned to said agency. Equipment shared jointly by all participating MRDTF agencies shall be split equally upon termination of the MRDTF. Conflicts regarding a split of equipment will require a sale of the equipment with the offering being made to the member agencies only. The proceeds of any sale will be divided equally between the remaining agencies. Once an agency receives a piece of equipment, it shall be the responsibility of said agency to maintain the equipment. In the event said equipment becomes lost and/or stolen or damaged, it shall be the agency's responsibility to replace said equipment. 19. Each officer assigned to the MRDTF will carry only those firearms, while on official duty, that are approved by their respective agencies. Further, the officer shall be qualified with those firearms. 20. Participating agencies agree to supply canine and/or tactical team assistance for drug operations within the MRDTF jurisdiction at no additional cost. Canine and tactical teams shall be requested from the nearest team's geographical location. Such requests will be at the direction and approval of the Task Force Commander. 21. Sub-Recipient Agency Responsibilities: Gallatin County will act as the lead agency for the MRDTF and is responsible for reporting and financial transactions with the granting agency, the Montana Board of Crime Control (MBCC). As Gallatin County will be receiving and distributing money on behalf of the MRDTF, Gallatin County is considered to be a pass-through entity and all other agencies participating in the MRDTF are considered sub-recipients. As such, Gallatin County is required to inform you of the following: The funding you will be receiving under the terms of this MOU is federal assistance originating from the United States Department of Justice, (CFDA #16.738), passed through the State of Montana Board of Crime Control, and then through Gallatin County. It is understood that any agencies receiving monies from this grant will be monitored by Gallatin County. By accepting any funding pursuant to this agreement, all remaining parties agree that they are considered sub-recipients of federal funding and are therefore required to satisfy all of the legal and contractual requirements 27 11 of the United States Department of Justice and the Montana Board of Crime Control including the conditions set forth in:  The annual award documents from Gallatin County  The Montana Board of Crime Control Special Conditions  The Montana Board of Crime Control Subgrant Guideline Information 22. This agreement is in effect from July 1, 2021 to June 30, 2023. Revised: 12/22/93, 05/09/08, 12/05/01, 12/05/01, 01/05/94, 01/11/96, 01/14/97, 01/09/98, 12/09/99, 12/21/00, 12/03/02, 01/05/04, 05/06/05, 01/26/06, 01/28/09, 02/20/09, 05/24/11, 4/11/13, 3/10/14, 3/10/15, 2/8/17, 1/16/19, 1/13/21. 28 13 SIGNATURE PAGE CITY OF BOZEMAN _________________________________________________________________ City Manager Date _________________________________________________________________ Chief of Police Date 29 Memorandum REPORT TO: City Commission FROM: Tanya Andreasen, Community Housing Program Manager Martin Matsen, Community Development Director SUBJECT: Authorize the City Manager to Sign a Professional Services Agreement with Insight Marketing Design for Communications Support to the Community Housing Program MEETING DATE: February 9, 2021 AGENDA ITEM TYPE: Citizen Advisory Board/Commission RECOMMENDATION: Authorize the City Manager to sign a professional services agreement with Insight Marketing Design for communications support to the Community Housing Program. 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 City of Bozeman wishes to engage Insight Marketing Design to provide Communications Support to the Community Housing Program. Services provided are listed in the scope, and include graphic design, document layout, and some copywriting. UNRESOLVED ISSUES: None. ALTERNATIVES: As suggested by the Commission. FISCAL EFFECTS: Agreement cost budgeted for FY21 in the Community Housing Fund and does not exceed budget authorization. Attachments: Insight PSA with Scope.pdf Insight Insurance Certificate.tif Report compiled on: January 27, 2021 30 Professional Services Agreement for Community Housing Communications Support FY 2021 – FY 2022 Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of February, 2021 (“Effective Date”), 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, Insight Marketing Design, 401 East 8th Street, Suite 304, Sioux Falls, SD 57103, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2. Term/Effective Date: This Agreement is effective upon the Effective Date and will expire on the 31st day of December, 2021, unless earlier terminated in accordance with this Agreement. 3. Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4. Payment: City agrees to pay Contractor the amount specified in the Scope of Services, EXHIBIT A. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Ownership and Publication of Materials: All reports, information, data, infographics and other materials prepared by the Consultant pursuant to this Agreement are owned by the City. The City has authority to release, publish or otherwise use, in whole or part, reports, information, data, infographics and other materials prepared by Consultant pursuant to this 31 Professional Services Agreement for Community Housing Communications Support FY 2021 – FY 2022 Page 2 of 11 Agreement. No material produced in whole or in part under this Agreement may be copyrighted or patented in the United States or in any other country without the prior written approval of the City. 6. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 7. Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation 32 Professional Services Agreement for Community Housing Communications Support FY 2021 – FY 2022 Page 3 of 11 of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 8. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) 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 related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City 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 33 Professional Services Agreement for Community Housing Communications Support FY 2021 – FY 2022 Page 4 of 11 jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] 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. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: • Workers’ Compensation – statutory; • Employers’ Liability - $1,000,000 per 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 per accident; and • Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on both the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non- renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. 34 Professional Services Agreement for Community Housing Communications Support FY 2021 – FY 2022 Page 5 of 11 The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 9. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. 35 Professional Services Agreement for Community Housing Communications Support FY 2021 – FY 2022 Page 6 of 11 c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d. The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 11. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 12. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be the Community Housing Program Manager, Tanya Andreasen, or such other individual as City shall designate in writing. 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, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be Candy Van Dam or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this 36 Professional Services Agreement for Community Housing Communications Support FY 2021 – FY 2022 Page 7 of 11 Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 13. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 14. Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non- discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 15. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor 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, 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. The Contractor 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. 37 Professional Services Agreement for Community Housing Communications Support FY 2021 – FY 2022 Page 8 of 11 Contractor 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, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 16. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor 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. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 17. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 18. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 38 Professional Services Agreement for Community Housing Communications Support FY 2021 – FY 2022 Page 9 of 11 19. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 20. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 21. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 22. Dispute Resolution: a. 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. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 23. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 24. 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. 25. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 26. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 39 Professional Services Agreement for Community Housing Communications Support FY 2021 – FY 2022 Page 10 of 11 27. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 28. 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. 29. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 30. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. 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. 31. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 32. Extensions: this Agreement may, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. In no case, however, may this Agreement run longer than December 31, 2022. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 40 Professional Services Agreement for Community Housing Communications Support FY 2021 – FY 2022 Page 11 of 11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA Insight Marketing Design CONTRACTOR By________________________________ By__________________________________ Jeff Mihelich, City Manager Print Name:__Candy Van Dam________ Print Title: ___Chief Strategy Officer______ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 41 a: 401 East 8th Street, Suite 304, Sioux Falls, SD 57103 w: insightmarketingdesign.com p: 605.275.0011 EXHIBIT A 42 43 Memorandum REPORT TO: City Commission FROM: Bob Murray, Project Engineer Shawn Kohtz, City Engineer Mitch Reister, Public Works Director SUBJECT: Authorize the City Manager to Sign an Amendment One with Morrison Maierle for the Cottonwood Road Improvements from Oak Street to Baxter Lane Project MEETING DATE: February 9, 2021 AGENDA ITEM TYPE: Agreement - Legal RECOMMENDATION: Authorize the City Manager to sign an amendment one with Morrison Maierle for the Cottonwood Road Improvements from Oak Street to Baxter Lane 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 the partially executed Amendment No. 1 with Morrison Maierle for the Cottonwood Road Improvements from Oak Street to Baxter Lane project. The document is in the City’s standard format. The original professional services agreement for the project only included the predesign task. That task provided recommendations for buildout of the street. This amendment is to add the design phase services for the section of road. This includes construction of the road to the master planned section, installation of a roundabout at the intersection of Baxter and Cottonwood including HAWK pedestrian signals, installation of the shared use path and sidewalk, bike lanes, installation of water and sewer mains, storm drainage improvements, and installation of street lighting. UNRESOLVED ISSUES: None. ALTERNATIVES: As suggested by the City Commission. FISCAL EFFECTS: $202,274.00 from the Street Impact Fee Fund (SIF141). Attachments: Cottonwood Road Amendment 1.pdf Report compiled on: January 27, 2021 44 45 46 47 48 49 50 51 52 53 Memorandum REPORT TO: City Commission FROM: Bob Murray, Project Engineer Shawn Kohtz, City Engineer Mitch Reister, Public Works Director SUBJECT: Authorize the City Manager to Sign an Amendment One to the Professional Services Agreement with Stahly Engineering & Associates for the Front Street Interceptor Sanitary Sewer Main Replacement Project MEETING DATE: February 9, 2021 AGENDA ITEM TYPE: Agreement - Vendor/Contract RECOMMENDATION: Authorize the City Manager to sign a first amendment to the Professional Services Agreement with Stahly Engineering & Associates for 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 the First Amendment to the Professional Services Agreement with Stahly Engineering & Associates for the Front Street Interceptor Sanitary Sewer Main Replacement Project. The document is in the City’s standard format. Construction of the project was funded in part through a loan from the State Revolving Fund (SRF) program. In order to get approval for the loan, SRF required that an entire Preliminary Engineering Report (PER) be completed. A significant effort that was not anticipated or included in the Professional Services Agreement scope for the project. An amendment was not processed at the time the report was done in hopes that construction would be completed ahead of schedule and the effort could be absorbed in the previously approved contract amount. Construction took the entire contract time, so this amendment is necessary to increase the construction phase services to account for the added effort to compete the PER. The time spent to complete the PER was previously paid, so only those hours needed to complete the closeout of the project will be compensated from this point forward. UNRESOLVED ISSUES: None. ALTERNATIVES: As suggested by the City Commission. 54 FISCAL EFFECTS: Not to exceed $35,201.00 from the Wastewater Impact Fee Fund (WWIF11). Attachments: Front Street Sewer First Amendment.pdf Report compiled on: January 27, 2021 55 56 57 58 Memorandum REPORT TO: City Commission FROM: Taylor Lonsdale, Transportation Engineer Shawn Kohtz, City Engineer Mitch Reister, Director of Public Works SUBJECT: Authorize the City Manager to Sign a Task Order 13 with Sanderson Stewart for Right-of-way Acquisition Services for the Fowler Connection (Huffine to Oak) Project MEETING DATE: February 9, 2021 AGENDA ITEM TYPE: Agreement - Vendor/Contract RECOMMENDATION: Authorize the City Manager to sign a task order 13 with Sanderson Stewart for right of way acquisition services for the Fowler Connection (Huffine to Oak) Project. STRATEGIC PLAN: 4.5 Housing and Transportation Choices: Vigorously encourage, through a wide variety of actions, the development of sustainable and lasting housing options for underserved individuals and families and improve mobility options that accommodate all travel modes. BACKGROUND: The Fowler Avenue project is a significant street construction project and the proposed corridor passes along and between existing City subdivisions as well as properties that are currently Gallatin County parcels. Right of way acquisition is required in a number of locations to enable the completion of this project. The city has already acquired right of way in several locations for the Fowler Avenue project. This task order will allow continued effort and initial discussion with the owners of several of the large county parcels where right of way is needed for this project. Attached are copies of partially executed task orders with Sanderson Stewart for pre-acquisition right of way services associated with the construction of the Fowler Avenue – Main to Oak project. These task orders will add to that existing contract. UNRESOLVED ISSUES: None. ALTERNATIVES: As suggested by the City Commission. FISCAL EFFECTS: The proposed fee for the scope of work outlined in these task orders is paid on a time and materials basis with a not to exceed total cost. The not to exceed amount for Task Order 13 is $5,900. The funds for this are available from and will be drawn from SIF076, Fowler Connection (Huffine to Oak) 59 Design. Attachments: Task Order 13 with Sanderson Stewart for Right of Way Acquisition Services for Fowler Ave Connection.pdf Report compiled on: January 25, 2021 60 _____ Initials November 6, 2020 Mr. Taylor Lonsdale, PE City of Bozeman 20 East Olive St. Bozeman, MT 59715 Reference: City of Bozeman Land Agent Services Project Scope of Services – Task Order No. #13 Fowler Avenue Pre-acquisitions Dear Mr. Lonsdale: Sanderson Stewart is pleased to provide this scope of services for land agent services for street and utility improvements for the Fowler Avenue corridor. These services are to be performed under the Professional Services Agreement for Streets and Land Agent Services term contract (FY 2018 – FY 2020) for realty and engineering services. If this scope of services is acceptable to you, please execute this agreement where noted. Overview We understand the City of Bozeman intends to construct street and utility improvements in the Fowler Avenue corridor in the near future. The future project improvements will provide improved public transportation and utility facilities to cover current and future development growth in the west-central part of Bozeman. It is the intent of the full R/W acquisition phase to acquire all necessary R/W for the project corridor, however, three parcels for planned acquisitions would benefit from pre-acquisition negotiations, Parcels 1, 2, and 3 as shown on Figure 1 attached. All three parcels are County-zoned, the only non-City annexed parcels requiring R/W acquisition for the Fowler Avenue improvement project. Parcel 1 requires a long stretch of new R/W north of W. Babcock St. Parcel 2 was successfully negotiated with to acquire R/W for Durston Rd. in the past with some challenges and requires additional negotiations to acquire R/W for this project (the owners were unwilling to provide additional R/W during the Durston project). The R/W for Fowler was attempted to be acquired on Parcel 3 in 2017, but the owner was unwilling to sell at that time. Scope of Services Sanderson Stewart will provide the following services as part of its basic services: 1. Project Research TG 61 Mr. Taylor Lonsdale November 6, 2020 Page 2 _____ Initials This task includes the preliminary R/W activities to obtain pertinent project information. Subtasks under Item 1 include the following: • Coordination meeting with the project team members • Obtain current deeds and ownership information for two parcels. 2. Initial Property Owner Contact This task includes initiating coordination efforts with affected property owners. Subtasks under Item 2 include the following: • Compile contact information. • Initiate contact with owners. 3. R/W Mapping & Exhibits This task consists of the preparation of R/W exhibits and figures. Subtasks under Item 3 include the following: • Sanderson Stewart is under contract to design the road project and will provide any available proposed/existing plans/drawings for the project area. • Prepare preliminary figures for Parcels 1, 2, and 3 showing proposed R/W acquisition areas. • QA/QC of exhibits 4. Prepare Contracts This task includes the preparation of agreements including figures and correspondence letters. Subtasks under Item 4 include the following: • Prepare short-form R/W agreements for Parcels 1, 2 and 3. Each short-form agreement will specify the intent of both the City and the property owner agree to work together to complete the R/W acquisition documents necessary during the full R/W acquisition phase at a later date. • The short-form agreement for Parcel 2 will document tree maintenance activities along the east side of Hanson St. as requested by City of Bozeman Forestry staff. The agreement will detail any specific tree maintenance agreement items. • R/W acquisition agreements for proposed permanent easements and temporary construction permits will be prepared during the full R/W acquisition phase to begin at a later date. • QA/QC of documents. TG 62 Mr. Taylor Lonsdale November 6, 2020 Page 3 _____ Initials 5. Acquisitions This task includes conducting the pre-acquisition meetings with affected property owners and modifying the initial short-form agreements based on owner/client meetings. Subtasks under Item 5 include the following: • Conduct pre-acquisition meetings with the property owner of Parcels 1, 2, and 3 (minimum of 3 meetings). • Coordinate with the owner of Parcel 2 to address tree maintenance plans by the City of Bozeman Forestry Department. Meet and discuss with the property owner and City forestry staff to determine a tree maintenance plan agreeable to both parties. Document the agreement details in the short-form R/W agreement. • QA/QC of documents. Deliverables: 1. Owner-signed short-form R/W agreements for three parcels. 6. Project Administration This task includes activities to manage the project requirements, deliverables, and tasks. Subtasks under Item 6 include the following: • Project status updates • Budget and schedule monitoring and planning • Invoicing and billing The following items are not included in the scope of services or project budget for this project and are therefore specifically excluded from this scope of services: • Engineering or right-of-way design services • Eminent domain proceedings, expert witness testimony, costs, or other services necessary for legal proceedings • Additional costs related to the actual purchase price of property interests as detailed in R/W acquisition agreements • Relocation costs paid to property owners as detailed in R/W acquisition agreements If needed, these items will be added as a separate task order or contract amendment. Services not set forth above as basic services are specifically excluded from the scope of Sanderson Stewart’s services. Sanderson Stewart assumes no responsibility to perform any services not specifically listed as basic services. Additional services are not included in the basic services. If the Client and Sanderson Stewart agree in writing via an amendment to this agreement, Sanderson Stewart will provide additional services as requested by the Client. TG 63 Mr. Taylor Lonsdale November 6, 2020 Page 4 _____ Initials Notwithstanding the foregoing, Sanderson Stewart shall have the right, but not the obligation, to provide, without advance authorization from the Client, other services made necessary by the default of the contractor or Client, or by deficiencies, delays, or defects in the work provided by the contractor. Sanderson Stewart shall provide written notice of the provision of such services as soon as reasonably possible. Project Schedule Once Sanderson Stewart receives Client’s authorization to proceed, Sanderson Stewart will immediately proceed with fulfilling the project scope of services. The intent is to complete the R/W pre-acquisition activities in as short amount of time as necessary. The Client and Sanderson Stewart are aware that many factors outside Sanderson Stewart’s control may affect Sanderson Stewart’s ability to complete the services to be provided under this agreement. Sanderson Stewart will perform these services with reasonable diligence and expediency consistent with sound professional practices. Fees and Billing Arrangements Invoice and Billing: Sanderson Stewart will bill for its services on a time-and-materials basis with a total cost not to exceed $5,900.00. Sanderson Stewart will begin work once this agreement has been executed by both parties. Right-of-Way Pre-Acquisition 1. Project Research $330.00 2. Initial Property Owner Contact $435.00 3. R/W Mapping & Exhibits $785.00 4. Prepare Contracts $1,450.00 5. Acquisitions $2,525.00 6. Project Administration $375.00 Total $5,900.00 Sanderson Stewart shall submit invoices to the Client for work accomplished during each calendar month. Monthly invoices shall include, separately listed, any charges for services for which time charges and/or unit costs shall apply. Such invoices shall also include, separately listed, any charges for consultants retained by Sanderson Stewart, and reimbursable costs. Such invoices shall be submitted by Sanderson Stewart as soon as possible after the end of the month in which the work was accomplished and shall be due and payable by the Client upon receipt. The Client agrees that the monthly invoice from Sanderson Stewart is correct, conclusive, and binding on the Client unless the Client, within 20 working days from the date of receipt of such invoice, notifies Sanderson TG 64 Mr. Taylor Lonsdale November 6, 2020 Page 5 _____ Initials Stewart in writing of alleged inaccuracies, discrepancies, errors in the invoice, or the need for additional backup. Conclusion Mr. Lonsdale, we look forward to working with you on this very exciting project. Feel free to call me at 406/922-4304 if you have any questions regarding this proposal. Otherwise, if it meets your approval, simply mail or email this signed and dated agreement to our office at 1610 Ellis St Suite 2B, Bozeman, MT 59715 or tgaddo@sandersonstewart.com. Thank you. Sincerely, Tony Gaddo, P.E., REALTOR® Senior Engineer / Right-of-Way Specialist TG Enc. **** END OF SCOPE OF SERVICES EXCEPT FOR SIGNATURES **** TG 65 Mr. Taylor Lonsdale November 6, 2020 Page 6 _____ Initials This Task Order is dated ________________, 20___ between City of Bozeman, Montana (City) and Sanderson Stewart (Contractor). IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA SANDERSON STEWART By: By: Print Name: Print Name: Print Title: Print Title: Date: Date: TG Tony Gaddo Project Manager 11/6/2020 66 FIGURE 1 NORTH 100 0 SCALE:1" = 200' 100 200 PARCEL 1 PARCEL 2 PARCEL 3 67 Memorandum REPORT TO: City Commission FROM: Taylor Lonsdale, Transportation Engineer Shawn Kohtz, City Engineer Mitch Reister, Director of Public Works SUBJECT: Authorize the City Manager to Sign a Task Order 14 with Sanderson Stewart for Right-of-way Acquisition for the Shared Use Path Along North 19th Avenue MEETING DATE: February 9, 2021 AGENDA ITEM TYPE: Agreement - Vendor/Contract RECOMMENDATION: Authorize the City Manager to sign a task order 14 with Sanderson Stewart for right of way acquisition for the shared use path along North 19th Avenue. STRATEGIC PLAN: 4.5 Housing and Transportation Choices: Vigorously encourage, through a wide variety of actions, the development of sustainable and lasting housing options for underserved individuals and families and improve mobility options that accommodate all travel modes. BACKGROUND: City staff is working on the design of two infill segments of shared use path along North 19th Avenue. In order to construct the improvements, there are two (2) parcels along the corridor that will require permanent and temporary easements. The City has a term contract with Sanderson Stewart for right of way acquisition services. Task Order 14 will add to that existing contract. UNRESOLVED ISSUES: None. ALTERNATIVES: As suggested by the City Commission. FISCAL EFFECTS: The proposed fee for the scope of work outlined in these task orders is paid on a time and materials basis with a not to exceed total cost. The not to exceed amount for Task Order 14 is $7,695.00. The funds for this are available from and will be drawn from SIF001, Right of Way Acquisition. Attachments: Task Order 14 with Sanderson Stewart for Right of Way services for N 19th Ave pathway infill.pdf Report compiled on: January 25, 2021 68 69 _____ Initials December 4, 2020 Mr. Taylor Lonsdale, PE City of Bozeman 20 East Olive St. Bozeman, MT 59715 Reference: City of Bozeman Land Agent Services Project Scope of Services – Task Order No. #14 North 19th Avenue Shared Use Pathway Dear Mr. Lonsdale: Sanderson Stewart is pleased to provide this scope of services for land agent services for street and utility improvements for the North 19th Avenue corridor. These services are to be performed under the Professional Services Agreement for Streets and Land Agent Services term contract (FY 2018 – FY 2020) for realty and engineering services. If this scope of services is acceptable to you, please execute this agreement where noted. Overview We understand the City of Bozeman intends to construct shared use pathway improvements in the North 19th Avenue corridor in the near future. The future project improvements will provide improved public transportation multimodal facilities. To facilitate the improvements, additional permanent right-of-way is required. Sanderson Stewart will provide professional right-of-way (R/W) acquisition services to acquire new R/W for the project as shown on the attached Figure 1. Scope of Services Sanderson Stewart will provide the following services as part of its basic services: 1. Project Research This task includes the preliminary R/W activities to obtain pertinent project information. Subtasks under Item 1 include the following: • Coordination meeting with the project team members • Obtain current deeds/easement and ownership information for Parcels 1-4. TG 70 Mr. Taylor Lonsdale December 4, 2020 Page 2 _____ Initials 2. Initial Property Owner Contact This task includes initiating coordination efforts with affected property owners. Subtasks under Item 2 include the following: • Compile contact information for Parcel 2 only. • Initiate contact with owner of Parcel 2 only. 3. R/W Mapping & Exhibits This task consists of the preparation of R/W exhibits and figures. Subtasks under Item 3 include the following: • The City has prepared and provided the proposed trail easement document and exhibit. Sanderson Stewart will use the prepared easement and exhibit for negotiations. • Prepare preliminary graphical figure for Parcel 2 showing proposed R/W acquisition areas. • QA/QC of graphical figure 4. Title Commitments This task consists of the preparation of title commitments for affected property interests. Subtasks under Item 4 include the following: • A title commitment will be secured for Parcel 2. • Team coordination 5. Appraisals and Valuations This task includes the preparation of valuation documents to value the property rights to be acquired. Subtasks under Item 5 include the following: • A waiver valuation will be completed for Parcel 2 by Sanderson Stewart for a simple acquisition. • Team coordination • QA/QC of waiver valuations 6. Prepare Contracts This task includes the preparation of the offer packages to acquire R/W, including agreements, easements, temporary construction permits, exhibits, figures, and correspondence letters. Subtasks under Item 6 include the following: • The City has prepared and provided the proposed trail easement document and exhibit. Sanderson Stewart will use the prepared easement and exhibit for negotiations. TG 71 Mr. Taylor Lonsdale December 4, 2020 Page 3 _____ Initials • Prepare acquisition documents including R/W agreements, maps and project information. • Prepare acquisition cost details and summary. • Compile complete offer package to acquire an easement for Parcel 2. • QA/QC of documents. 7. Acquisitions This task includes conducting the acquisition meetings with affected property owners and modifying the initial offer packages based on owner/client meetings. Subtasks under Item 7 include the following: • Conduct acquisition meetings (minimum of 3 meetings per parcel). • Conduct acquisition meetings with property owners of Parcel 2. • Prepare final acquisition documents and costs of Parcel 2. • QA/QC of documents. 8. R/W and Design Plan Updates This task is not included in this scope of services. 9. Relocation Services This task is not included in this scope of services. 10. Title Clearing and Closing This task includes coordinating and completing the title closing process with the title company. Subtasks under Item 10 include the following: • Prepare final title transfer documents and complete closing meeting for Parcel 2. • Obtain mortgage releases, clear taxes and liens, as required. • Submittal of completed R/W acquisition offer package for Parcel 2 to the City for review and execution. • Attend closing meeting. • Team coordination. 11. Final Submittal and Closeout This task includes the final project activities to finalize and submit executed acquisition documents. Subtasks under Item 11 include the following: • Prepare completed R/W acquisition project submittal packet. • Deliver completed title transfer documents. TG 72 Mr. Taylor Lonsdale December 4, 2020 Page 4 _____ Initials • Project closeout. 12. Contingency The scope of services for this project includes all the necessary steps to acquire property interests from private owners. A majority of the acquisition process relies on good cooperation and timely responses from all parties involved in the process. Due to the nature of coordination activities, the amount of time required to work with individual property owners varies significantly. This task serves to capture the potential additional costs incurred during the acquisition process due to challenging coordination activities with property owners. 13. Project Administration This task includes activities to manage the project requirements, deliverables, and tasks. Subtasks under Item 13 include the following: • Project status updates • Budget and schedule monitoring and planning • Invoicing and billing The following items are not included in the scope of services or project budget for this project and are therefore specifically excluded from this scope of services: • Engineering or right-of-way design services • Eminent domain proceedings, expert witness testimony, costs, or other services necessary for legal proceedings • Additional costs related to the actual purchase price of property interests as detailed in R/W acquisition agreements • Relocation costs paid to property owners as detailed in R/W acquisition agreements If needed, these items will be added as a separate task order or contract amendment. Services not set forth above as basic services are specifically excluded from the scope of Sanderson Stewart’s services. Sanderson Stewart assumes no responsibility to perform any services not specifically listed as basic services. Additional services are not included in the basic services. If the Client and Sanderson Stewart agree in writing via an amendment to this agreement, Sanderson Stewart will provide additional services as requested by the Client. Notwithstanding the foregoing, Sanderson Stewart shall have the right, but not the obligation, to provide, without advance authorization from the Client, other services made necessary by the default of the contractor or Client, or by deficiencies, delays, or defects in the work provided by the TG 73 Mr. Taylor Lonsdale December 4, 2020 Page 5 _____ Initials contractor. Sanderson Stewart shall provide written notice of the provision of such services as soon as reasonably possible. Project Schedule Once Sanderson Stewart receives Client’s authorization to proceed, Sanderson Stewart will immediately proceed with fulfilling the project scope of services. The intent is to complete the R/W acquisition activities in as short amount of time as necessary. The Client and Sanderson Stewart are aware that many factors outside Sanderson Stewart’s control may affect Sanderson Stewart’s ability to complete the services to be provided under this agreement. Sanderson Stewart will perform these services with reasonable diligence and expediency consistent with sound professional practices. Fees and Billing Arrangements Invoice and Billing: Sanderson Stewart will bill for its services on a time-and-materials basis with a total cost not to exceed $7,695.00. Sanderson Stewart will begin work once this agreement has been executed by both parties. Right-of-Way Acquisition 1. Project Research $890.00 2. Initial Property Owner Contact $290.00 3. R/W Mapping & Exhibits $290.00 4. Title Commitments $422.50 5. Appraisals and Valuations $1,245.00 6. Prepare Contracts $1,142.50 7. Acquisitions $1,765.00 8. R/W and Design Plan Updates $0.00 9. Relocation Services $0.00 10. Title Clearing and Closing $362.50 11. Final Submittal and Closeout $332.50 12. Contingency $580.00 13. Project Administration $375.00 Total $7,695.00 Sanderson Stewart shall submit invoices to the Client for work accomplished during each calendar month. Monthly invoices shall include, separately listed, any charges for services for which time TG 74 Mr. Taylor Lonsdale December 4, 2020 Page 6 _____ Initials charges and/or unit costs shall apply. Such invoices shall also include, separately listed, any charges for consultants retained by Sanderson Stewart, and reimbursable costs. Such invoices shall be submitted by Sanderson Stewart as soon as possible after the end of the month in which the work was accomplished and shall be due and payable by the Client upon receipt. The Client agrees that the monthly invoice from Sanderson Stewart is correct, conclusive, and binding on the Client unless the Client, within 20 working days from the date of receipt of such invoice, notifies Sanderson Stewart in writing of alleged inaccuracies, discrepancies, errors in the invoice, or the need for additional backup. Conclusion Mr. Lonsdale, we look forward to working with you on this very exciting project. Feel free to call me at 406/922-4304 if you have any questions regarding this proposal. Otherwise, if it meets your approval, simply mail or email this signed and dated agreement to our office at 1610 Ellis St Suite 2B, Bozeman, MT 59715 or tgaddo@sandersonstewart.com. Thank you. Sincerely, Tony Gaddo, P.E., REALTOR® Senior Engineer / Right-of-Way Specialist TG Enc. **** END OF SCOPE OF SERVICES EXCEPT FOR SIGNATURES **** TG 75 Mr. Taylor Lonsdale December 4, 2020 Page 7 _____ Initials This Task Order is dated ________________, 20___ between City of Bozeman, Montana (City) and Sanderson Stewart (Contractor). IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA SANDERSON STEWART By: By: Print Name: Print Name: Print Title: Print Title: Date: Date: TG Tony Gaddo Project Manager 12/4/2020 76 FIGURE 1 NORTH 100 0 SCALE:1" = 200' 100 200 PARCEL 1 PARCEL 2 PARCEL 3 PARCEL 4 77 Memorandum REPORT TO: City Commission FROM: Bob Murray, Project Engineer Shawn Kohtz, City Engineer Mitch Reister, Public Works Director SUBJECT: Resolution 5260, Authorizing a Change Order Number Two with COP Construction for the Davis Lane Lift Station and Norton East Ranch Outfall Sewer Project MEETING DATE: February 9, 2021 AGENDA ITEM TYPE: Resolution RECOMMENDATION: Resolution 5260, authorizing Change Order Number 2 with COP Construction for the Davis Lane Lift Station and Norton East Ranch Outfall Sewer 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 5260 and change order number 2 for the above referenced project. The developer of the Northwest Crossing subdivision NWX, LLC requested that the new sewer main between Equestrian and Baxter be installed deeper than it was originally designed and bid. This would allow them to replace the sewer main along Baxter deeper than it is now, which in turn will allow more of their property to be served by gravity flow. NWX agreed to pay for all of the costs associated with the change. The work is now complete and the developer has made payment to the City. This is a no cost change, but must be processed in order to formalize the adjustment to the contract between the City and Contractor. There is an increase in the contract time of 7 days with the change. UNRESOLVED ISSUES: None. ALTERNATIVES: As suggested by the City Commission. FISCAL EFFECTS: None. Attachments: Resolution 5260.doc Norton-Davis Change Order No. 2.pdf Report compiled on: January 27, 2021 78 1 of 2 COMMISSION RESOLUTION NO. 5260 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 Davis Lane Lift Station and Norton East Ranch Outfall Sewer 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. 2, 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. 79 Resolution No. 5260, Change Order 2 for Davis Lane Lift Station and Norton East Ranch Outfall Sewer 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 9th day of February, 2021. __________________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ________________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _____________________________________________ GREG SULLIVAN City Attorney 80 81 82 83 84 Memorandum REPORT TO: City Commission FROM: Kristin Donald, Finance Director SUBJECT: Second Quarter Financial Report MEETING DATE: February 9, 2021 AGENDA ITEM TYPE: Finance RECOMMENDATION: None. 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: Special presentation on the FY2021 Second Quarter Financial Report. UNRESOLVED ISSUES: None. ALTERNATIVES: None. FISCAL EFFECTS: None. Attachments: FY21 QTR 2 Report.pdf Report compiled on: January 27, 2021 85 FISCAL YEAR 2021 2 n d Q u a r t e r F i n a n c i a l R e p o r t Ending 2nd Quarter, 12/31/20 I s s u e d : 1 / 2 7 / 2 1 B y : K r i s t i n D o n a l d , F 1 | Page City of Bozeman Quarterly Budget Report Fiscal Year 2021 Ending 2nd Quarter, 12/31/2020 Issued: 1.28.2021 By: Kristin Donald, Finance Director Information is unaudited and based on the date issued All City Funds After the second quarter, the City is in line to stay on budget for the Fiscal Year 2021. For all City funds, there remains more than 50% of budget allocations for all categories with $73 million expended or 42% of the budget. Capital is typically below 50% with construction season occurring in the third and fourth quarters. Revenue recorded during the second quarter of the fiscal year totaled $95M. This represents 69% of the total revenue estimated in the budget. Assessments show 100% because we record the revenue when incurred, per accounting principles, so the amounts billed in November is the amount recorded but we receive the payments, cash, in November and May. 46% 40% 31% 42% 50% 54% 60% 69% 58% 50% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Personnel Operations Capital* Debt Service Transfers City as a Whole - Expenditures Through 2nd Qtr FY21 Budget Allocation Used Remaining 86% 58% 44% 104% 97% 47% 68% 103% 12% 14% 42% 56% -4% 3% 53% 32% -3% 88% -20% 0% 20% 40% 60% 80% 100% City as a Whole - Revenues Through 2nd QTR 2 | Page General Fund The General Fund is used to account for all financial resources of the City, except for those required to be accounted for in another fund. Expenditures As of the second quarter, spending is in line to stay under budget. As of the second quarter $16.2 million has been expended or 54% on the budget. Personnel is under 50% as of the second quarter. Some spending in operations is seasonal in nature and is similar to prior year’s spending. Majority of the capital is due to the finishing of the Anderson Pavilion at Bogert Park and capital varies each year depending on projects planned versus equipment to be purchased. Revenues As of the end of the second quarter the General fund has received $16M of the estimated $32.7M or 56% of budgeted revenues. The largest single source of revenue for the general fund is tax dollars and first‐half payments of over 50% of budget are typically received from Gallatin County in December. The second largest source is the State Entitlement Share, which we received half in the second quarter. Many of the revenue sources have a seasonal component that effects collections at this point in the year. Charges for services are impacted by COVID and also have some seasonality as well the COVID impacts are discussed in the last section of this report. 48% 37% 55% 50% 52% 63% 45% 50% 0% 20% 40% 60% 80% 100% 120% Personnel Operations Capital Transfers General Fund- Expenditures Through 2nd Qtr FY21 Budget Allocation Used Remaining 49% 39% 77% 50% 51% 61% 23% 50% 0% 20% 40% 60% 80% 100% 120% Personnel Operations Capital Transfers General Fund- Expenditures Through 2nd Qtr FY20 Budget Allocation Used Remaining 3 | Page Other Governmental Funds- Special Revenue Funds Special Revenue Funds are used to account for the proceeds of specific revenue source, usually required to be restricted by statute or ordinance. While we have dozens of special revenue funds, of note are the Building Inspection fund and the Community Development fund due to their information reflecting development. The Building Inspection Fund is supported entirely by the revenue from building fees and permits. Revenue and expenditures are statutorily restricted to amounts that support the division. The fund has collected as of the second quarter $1.3 million or 66% of budgeted revenues. Fund expenditures amounted to $1 million through the 2nd quarter, or 33% of the budgeted $3.2M for the fiscal year. The Community Development Fund is a separate fund that accounts for revenues and expenditures related to planning and zoning operations. Total revenues amounted to $713K through the 2nd quarter, or 44% of budgeted revenues for the year. Community Development Fund expenditures amounted to $983K through the 2nd quarter, or 39% of the budgeted $2.5M for the fiscal year. Impact Fee Fund update Total revenue from Impact Fees was $7.8 Million through the 2nd quarter of FY21 for Street, Fire, Water and Wastewater Impact Fees combined. The nature of impact fees make the revenue difficult to estimate accurately. Revenue collected as of the 2nd quarter is close to what we estimated for the entire year showing development is going strong. The projects for these funds are prepared as part of the Capital Improvement Plan. Several FY20 projects have carried over for these funds to be completed in FY21. Wastewater Impact fees made good progress this summer and fall on the Davis Lane Lift station. Electrical 7% Plumbing 14% Moving Permits 0% Demolition Permits Plan 0% Checks 42% Building Permits 37% Penalties 0% Building Inspection Revenue 32% 40% 56% 41% 71% 68% 60% 44% 59% 4 | Page Enterprise Funds Enterprise Funds are used to account for operations that are financed and operated in a manner similar to private business enterprises. Enterprise Funds account for the City's water, wastewater, solid waste, Stormwater and parking services. Expenditures All funds are in line to stay on budget with $10.2 million of the $29 million budget or 35% expended. These funds also have construction projects that will see spending in the third and fourth quarter. Revenues For this point of the year revenues are in line with estimates with $15.5million received of the $29.7 million estimated or 52%. 34% 33% 42% 34% 37% 66% 67% 58% 66% 63% 0% 20% 40% 60% 80% 100% 120% Enterprise Funds Expenditures QTR 2 FY21 Budget Allocation Used Remaining 39% 34% 44% 35% 42% 61% 66% 56% 65% 58% 0% 20% 40% 60% 80% 100% 120% Enterprise Funds Expenditures QTR2 FY20 Budget Allocation Used Remaining 55% 50% 52% 49% 49% 45% 50% 48% 51% 51% 0% 20% 40% 60% 80% 100% 120% Enterprise Funds Revenue Recieved QTR2 FY21 Received Estimated Remaining 49% 50% 57% 51% 78% 51% 50% 43% 49% 22% 5 | Page COVID Update With the response to COVID‐19 the United States’ (U.S.) economy has fallen into a recession. As to what type of recession we will have has yet to be entirely predicted but is not expected to fall into a depression at this time as vaccine distribution continues and possible stimulus packages. The City of Bozeman Economy has not slowed building wise, as demonstrated with the impact fee collections and building permits. As part of the FY21 budget we made adjustments to our revenue estimates for areas that would be impacted by COVID. We continue to monitor more closely these revenue streams in addition track additional expenses to address COVID such as masks, disinfectant wipes and other supplies. Overall, the City has not had severe financial impacts due to COVID. Many of the increased expenditures for buying personal protective equipment, cleaning supplies and remote work technologies were covered through grants fund made available by the CARES ACT. For revenues we have not seen any increases in late or non‐payments for utilities and assessments. We have had two areas of concern as of the second quarter, Parking services revenue and Recreation program and entry fee revenues. Parking revenue is down as shown in the Enterprise fund section. Parking Revenue is $261,938 lower at this point in the year than last year. This is due to fewer people coming downtown and events such as the Christmas stroll and other gathering events not occurring this year. The fund does have a healthy fund balance and so far expenditures are only at 37% of what was budgeted. We may need to make some reductions in budget and/or delay capital projects for FY22 but we will know more after third quarter revenues come in. Parks and Recreation has seen reduced revenues from the prior year as expected when planning for FY21 but some are coming in even lower. Park rentals, recreation facility rentals, swim center and Bogert Pool admissions and recreation program revenues are down even more than predicted. Some are performing lower but should see some catch up with the warmer season and the vaccine roll out. Recreation did receive $80,000 in CARES Act funding that offsets the lost revenue for providing Operation Rec Ed program, which was created to supplement the Bozeman School District’s blended return to school model and assisted families with the K‐8 childcare needs throughout the week, at no cost to City of Bozeman employees. The camps were offered in two sessions, one on Monday and Tuesday and one on Thursday and Friday at the Story Mill Community Center, this limited their ability to do any other program that brings in revenue. In addition, the $80,000 child care CARES Act grant covered additional costs for our safety protocols put in place for our summer camp programs. Conclusion The City entered the second quarter in a strong position but is seeing financial impacts from COVID‐19. We continue to closely monitor expenditures incurred due to COVID and the revenue streams that are vulnerable. Except for the revenue exceptions noted above, everything looks in line to stay within budget and achieve revenue targets or come close to. For most funds we are positioned closely to where we were this time last year as well, with reasonable and known/planned exceptions. This report will be posted to the City website on the Finance page under Budget and Financial Reports. 91 Memorandum REPORT TO: City Commission FROM: Jeff Mihelich, City Manager Anna Rosenberry, Assistant City Manager Chuck Winn, Assistant City Manager Jim Veltkamp, Interim Chief of Police Jamie Norby, Interim Human Resources Director Melody Mileur, Communications Coordinator Dani Hess, Neighborhoods Program Coordinator SUBJECT: Second Quarterly Report for Inclusive City MEETING DATE: February 9, 2021 AGENDA ITEM TYPE: Plan/Report/Study RECOMMENDATION: None STRATEGIC PLAN: 3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND: On July 22, 2020 the City Commission was presented with the “Bozeman as an Inclusive City Review of Policies.” This internal review presented 24 actions items describing how the City could continue to strive toward a more equitable and inclusive organization and community. As a part of the report City staff will be providing the City Commission with quarterly updates on the progress made on the actions outlined in the report. This is the second quarterly report on this topic to come before the Commission. The report includes detailed updates on completed and in progress/ongoing actions as well as a timeline and budget for each action in the report. To view previous quarterly reports visit the City’s website www.bozeman.net/equityandinclusion Some key highlights from the report include: Extensive training completed by our Bozeman Police Department in the last six months including officer training on implicit bias, de- escalation, and the recent updates to the Use of Force policy as well as our Bias-free Policing Policy. The City’s participation in the National League of Cities Race, Equity, and Leadership training program for all employees, including directors and elected officials. 92 Staff have begun work with consultant Thomas P. Miller & Associates to develop equity indicators and conducts a gaps analysis to better understand inequities that exist in our community across race, ethnicity, gender identity, and other socioeconomic factors. City staff recognize that the report describes the completion and progress of actions in the report; however, some actions may never be fully “complete.” This work is a part of a larger, ongoing effort, to continuously improve and incorporate strategies that make Bozeman a more safe and equitable community where everyone has the opportunity to thrive. UNRESOLVED ISSUES: None ALTERNATIVES: None FISCAL EFFECTS: None Attachments: Inclusive City Report February 2021.docx Appendix A Bias Free Policing Police Department.pdf Appendix B Use of Force Police Department.pdf Appendix C Thrive Index 2020 City of Bozeman.pdf Appendix D Municipal Equality Index 2020 City of Bozeman.pdf Report compiled on: February 2, 2021 93 1 FEBRUARY 9 City of Bozeman Inclusive City Project Team Inclusive City Quarterly Report February 2021 94 2 City Manager Update In July of 2020, staff came before the City Commission with the Inclusive City report. This internal report has 24 actions describing how we can continue to strive towards a more equitable and inclusive organization and community. This is the second quarterly report staff have brought to the Commission and we are excited about the significant work and progress that has been accomplished in the last three months. To view the November report visit our website at www.bozeman.net/equityandinclusion. This report includes a list of actions that have been completed along with updates for any new completed items, updates on actions that are in progress, along with a detailed timeline and associated budget for all actions. Words matter in this work, and it’s important to point out that many of these items may never be “complete” but will be “ongoing” efforts that the City is dedicated to incorporating as a part of routine work. There are many areas of progress in this report including the significant amount of training completed by staff across the City and within our Police Department. As mentioned in the previous report, the Bozeman Police Department recently updated the Use of Force policy and moved to a Bias-free Policing policy, aligning with national best practices. All officers in the department have now completed training on the changes made, in addition to three other trainings on topics like implicit bias, decision making, and de-escalation. Also, thanks to the launch of our new learning management system (LMS) we were able to train all city employees on workplace diversity and incorporate the training into our new hire program! Our completed work in training is just the first step. Across departments, the City is excited to undertake a city- wide, all employee, directors and elected officials training through National League of Cities’ Race, Equity and Leadership (REAL) program. This work is intentionally required of all members of this organization as we continue work to normalize and understand the areas for growth as a City. Lastly I’d like to highlight the work that is to come in development of equity indicators and a community gaps analysis. This effort will take place over the course of the spring and relies heavily on engaging with our community partners and all Bozeman folks. In the following months our consultant, city staff, and all of our stakeholders will dive deep into the data and the stories of our area to analyze gaps and create living data points to measure our progress. This groundwork is the most critical effort we can undertake before stepping into the work of creating an Equity and Inclusion Plan. In the simplest terms, our goal is to ensure that every resident, visitor, and City of Bozeman employee feels welcomed and valued, and has the opportunity to thrive no matter their race, identity, or life circumstance. – Jeff Mihelich 95 3 Completed Actions For further detail on completed actions please review previous reports on our website at www.bozeman.net/equityandinclusion City Manager Recommendations 1. Provide a quarterly progress report to the City Commission and interested stakeholders The next report will be delivered in May 2021. 6. Become a member of the Government Alliance on Race and Equity (GARE) The City of Bozeman was accepted into GARE in November 2020. Bozeman is now the first organization from Montana to be a part of GARE! As a part of the City’s membership there are opportunities to learn from leaders in the space as well as share successes. Several staff have already completed the GARE Foundations training course “Advancing Racial Equity: The Role of Government” and are utilizing the network to ensure the City’s actions are in line with best practices. Diversity, Inclusion and interaction with Minorities – Bozeman Police Department 2. Augment existing policies and update to “Bias-free Policing” The Bozeman Police Department has reviewed its existing policies against the model policy of “Bias-Free Policing” and updated the department’s existing policies where necessary to be in line with this national best practice (See Appendix A.) The final policy has now replaced the prior policy and staff have completed a training program which highlighted the changes and the key points. Use of Force – Bozeman Police Department 1. Policy Changes The Bozeman Police Department has made revisions to the current policy which includes providing additional policy direction concerning de-escalation and use of force. The goal of the updates is to address community concerns and provide clarity for officers. As a result, a new and updated “Use of Force” policy (see Appendix B) has been finalized and approved. The updated policy has been implemented and staff have completed a training program to familiarize them with the changes. 96 4 In Progress Actions City Manager Recommendations 2. Identify anti-discrimination, implicit bias and systemic racism training for elected officials and department heads. The project Training Team has recommended the National League of Cities’ Race, Equity And Leadership (REAL) training program as the partner to deliver REAL 100: Normalizing Racial Equity in Local Government Training to all city staff, including elected officials and department heads. It is very important that everyone in our organization, regardless of position, experience this base-line training. The process includes an employee assessment that will take place leading into the training that will assist in identifying follow-up training needs after this 100-level course. Staff estimate that these assessments and the REAL 100 training will be delivered, virtually, to all employees within the next 90 days (by April 30th). Staff had hoped to have a full training calendar developed in December however, with the upcoming work with the REAL Program and the hiring of our Human Resources Director; staff believe that a more formalized training calendar will be complete in the coming quarter. 3. Develop a City Equity and Inclusion Plan to engage stakeholders and identify gaps community wide and to implement policies that help all persons in Bozeman thrive regardless of economic, racial, cultural, or gender identity. Staff have begun work with Thomas P. Miller & Associates to begin work to develop equity indicators and conduct a gaps analysis to better understand inequities that exist in our community across race, ethnicity, gender identity and other socioeconomic factors. The process includes characterizing the disparities faced by underrepresented groups, evaluating the capacity of existing services in the community to address those inequities; and developing a set of equity indicators that will allow the City to establish a baseline and track change over time. This data collection and community engagement effort will lay the groundwork for the Equity and Inclusion Plan as well as the Equity and Inclusion Summit. The project is expected to be complete in July 2021. Phase 1 will take place in February through May 2021 and will include initial stakeholder identification and engagement as well as background research and outreach to community organizations and agency partners to determine data availability and collect existing data. Phase 2 in April, May, and June 2021 will include data analysis and completion of the gaps analysis portion of the project to synthesize available or missing services in our community to address inequities found during community engagement and data collection. Phase 3 will occur in June and July 2021 and will focus on the development and finalization of equity indicators based on data collection, analysis, and stakeholder input. 5. Accelerate the implementation of body worn cameras for the Bozeman Police Department. 97 5 Staff had previously submitted a proposal as a part of the Capital Improvement Plan (CIP) to move body worn cameras into the budget for the upcoming fiscal year. Due to the complexities of these systems, including data storage requirements, it is essential that any new system include the patrol car video camera systems and the new Bozeman Public Safety Center interview rooms. In December, Police Department staff prepared and published a Request for Proposals, which received numerous vendor replies in January. As of the writing of this report, staff has narrowed the applicant field to three vendors, with demonstrations and final vendor selection both scheduled for later in February. This aggressive timeline will ensure the new vendor is selected in time for inclusion in the BPSC, with the remainder of the implementation plan being guided by the availability of funding and purchase or lease options offered by the selected vendor. Once these factors are finalized, staff will put together a significant community engagement process. Anti-discrimination 1. Implement additional training for all city staff. As mentioned above under City Manager’s Recommendation Action 2, the project Training Team has recommended the National League of Cities’ Race, Equity And Leadership (REAL) training program as the partner to deliver REAL 100: Normalizing Racial Equity in Local Government Training to all city staff, including elected officials and department heads. Implementation is expected to be complete by April 30, 2021. Additionally, the team will establish a 12 month training calendar for all employees by Spring 2021 which will include quarterly trainings and annual/semi-annual workshops or speakers. We will be relying on our work with the REAL Program, and the hiring of our Human Resources Manager to aid in creation of the calendar. In the last quarter, the Human Resources Department deployed an introductory Workplace Diversity training to all staff through the new learning management system. As of January 26th, 92.61% of employees completed the training. Leadership will continue to prioritize completion of this training with their staff. This training has also been included in the City’s new hire orientation and will be completed by new staff as they come in to the organization. Lastly, as a member benefit through GARE, staff within the Inclusive City Team have begun training through GARE Foundations. Several staff completed training in Advancing Racial Equity: The Role of Government and five more are expected to complete the training in the next quarter. Training Date Completed Length # Staff Trained Comments Workplace Diversity Started December 2020, Ongoing 1 hour 92.61% of all employees Cultural diversity can strengthen an organization’s values and enhance community awareness. Due to our country’s rapid growth and ever- changing diverse populations, organizations are realizing strength in the marketplace is linked to their ability to attract a culturally diverse workforce. Unfortunately, discrimination still occurs on many levels. The goals of this 98 6 program are to promote awareness and encourage acceptance, describe strategies to create a positive and accepting work environment, and to highlight the steps to take should discrimination occur in the workplace. GARE Foundations Advancing Racial Equity: The Role of Government Started December 2020, Ongoing 6 hours 3 This course provides an introduction to the role, responsibilities and opportunities for government to advance racial equity. Participants gain awareness of the history of race and of implicit and explicit bias and individual, institutional, and structural racism and how it impacts the workplace. The course also focuses on normalizing racial equity as a core value with clear definitions of key terminology, operationalizing racial equity via new policies and institutional practices, and organizing, both internally and in partnership with other institutions and the community. Participants also become skilled at identifying and addressing institutional and structural racism. 4. Review best practice recommendations, including the THRIVE index and the Municipal Equality index City staff had initial discussions on the City’s current scores in the THRIVE index (Appendix C) and the Municipal Equality Index (Appendix D.) Based on the City’s scores from 2019, the team has identified several key areas where additional progress can be made: 1. THRIVE Index: We believe that we may be able to improve our Paid Parental Leave policies to assist employees who fall through the gaps within our current Sick Leave Bank system or are generally unaware of the policy. The Human Resources Director is investigating the issue and will make recommendations to the City Manager within the coming months. 2. Municipal Equality Index: We see continued opportunities for leadership in the area of Pro-Equality Legislative Efforts during the current Legislative Session, by opposing Anti-Transgender and other anti- equality legislation. We also believe that we may achieve the Index’s goals towards an Inclusive Workplace with expanded workplace training and targeted recruitment efforts within the LGBTQ community. These are items that we will be working on in the coming months. Diversity, inclusion and interaction with minorities – Bozeman Police Department 1. Training 99 7 This item will be an ongoing effort by the Bozeman Police Department to explore additional training opportunities on topics including recognizing implicit bias, anti-racial profiling and Bias-Free policing. Training Date Completed Length # Staff Trained Comments Implicit Bias November 2020 2.5 hours 64 (all officers) Officers completed an online course intended to help them understand how implicit bias impacts actions and decisions. The course examined the relationship between unconscious and implicit bias, addressed illicit bias and how it affects decision making, and discussed the importance of communicating effectively. Use of Force 1. Training This item will be an ongoing effort by the Bozeman Police Department to incorporate more communication and de-escalation, scenario-based, in-service trainings for officers. Staff will also evaluate and consider additional training programs on topics that include communication, de-escalation, intervention, recognizing force mitigation opportunities, use of force decision-making and more. Training Date Completed Length # Staff Trained Comments Decision Making November 2020 2 hours 64 (all officers) Officers attended a training regarding making good decisions during critical incidents. This training included the science behind why poor decisions are sometimes made, the inherent “fight or flight” response and how to overcome it, and how to remain calm and think critically during high-stress incidents. De-escalation, Intervention, and Force Mitigation January 2021 2 hours 62 (all officers) Officers completed an online course focusing on “De-Escalation, Intervention, and Force Mitigation.” After defining each term, the training discussed the importance of focusing on a “guardian” mindset, described a variety of factors involved in human interaction, and explored techniques for lowering emotions to change behavior in volatile situations. Citizen Appeal Process 100 8 1. Create a stand-alone citizen complaint policy. 2. Clearly distinguish inquiries from complaints. 3. Refine the complaint investigative process. These action items are interconnected and, for the sake of this report, are considered dependent upon each other. Staff have spent considerable time discussing this process during monthly meetings in an effort to ensure a fair, sufficient, and transparent process. Staff have finalized the distinction between “inquiries” and “complaints,” and are currently creating a template for workflow stemming from each category. The intent in creating a clearer workflow is to separate “minor complaints” form “major complaints,” then distinguish which major complaints will require an administrative investigation and which will require an external investigation. Upon completion of the appropriate investigation, the goal is to have clearly classified dispositions to ensure transparency, fairness, and consistency. As this effort progresses, staff are continuing to update the overall policy to reflect the decisions that are being made. As of this report, discussions are still being held regarding how the citizen’s appeal process will operate, including who will conduct the review, exactly what the reviewer’s role will be, and how a citizen will request a review. Work is ongoing in this complicated and varied process. 101 9 Bozeman as an Inclusive City Report – Actions, Budget, Timeline Green = Complete Yellow = In progress or Ongoing Red = Not yet started City Manager Recommendations Based on the review of our existing policies, procedures, training protocols and best practices the City Manager recommends the following actions: ACTION ITEM LEAD DEPARTMENT TIMELINE FOR IMPLEMENTATION BUDGET (ESTIMATE IF AVAILABLE, NOTE IF ALREADY BUDGETED FOR AND WHAT FISCAL YEAR) 1. PROVIDE A QUARTERLY PROGRESS REPORT TO THE CITY COMMISSION AND INTERESTED STAKEHOLDERS CITY MANAGER’S OFFICE IMMEDIATELY - FIRST REPORT NOVEMBER 2020 $0 2. IDENTIFY ANTI-DISCRIMINATION, IMPLICIT BIAS AND SYSTEMIC RACISM TRAINING FOR ELECTED OFFICIALS AND DEPARTMENT HEADS HUMAN RESOURCES/CITY MANAGER’S OFFICE DEVELOP 12-MONTH TRAINING PROGRAM BY DECEMBER 2020 $12,000 3. DEVELOP A CITY DIVERSITY, EQUITY AND INCLUSION PLAN TO ENGAGE STAKEHOLDERS AND IDENTIFY GAPS COMMUNITY WIDE AND TO IMPLEMENT POLICIES THAT HELP ALL PERSONS IN BOZEMAN THRIVE REGARDLESS OF ECONOMIC, RACIAL, CULTURAL, OR GENDER IDENTITY CITY MANAGER’S OFFICE 18 MONTHS UNKNOWN 4. SPONSOR A DIVERSITY, EQUITY AND INCLUSION SUMMIT WITH COMMUNITY PARTNERS SUCH AS MONTANA STATE UNIVERSITY, HRDC, AND MONTANA RACIAL EQUITY PROJECT CITY MANAGER’S OFFICE 2021 UNKNOWN 5. ACCELERATE THE IMPLEMENTATION OF BODY WORN CAMERAS FOR THE BOZEMAN POLICE DEPARTMENT 10 6. BECOME A MEMBER OF THE GOVERNMENT ALLIANCE ON RACE AND EQUITY CITY MANAGER’S OFFICE IMMEDIATELY $1,000 ANNUALLY 103 11 Overall Diversity for the Organization ACTION ITEM LEAD DEPARTMENT TIMELINE FOR IMPLEMENTATION BUDGET (ESTIMATE IF AVAILABLE, NOTE IF ALREADY BUDGETED FOR AND WHAT FISCAL YEAR) 1. MAKE DIVERSITY A FORMAL AND HIGH PRIORITY FOR THE ORGANIZATION The City will communicate its commitment to diversity to all city staff and significantly increase formal training for supervisors and employees on implicit bias. The City will review and adjust its employee performance appraisal system to ensure consistency of evaluations and non- discrimination. CITY MANAGER HOLD ALL CITY STAFF MEETING AND PASS ADMINISTRATIVE ORDER $0 104 12 Anti-discrimination ACTION ITEM LEAD DEPARTMENT TIMELINE FOR IMPLEMENTATION BUDGET (ESTIMATE IF AVAILABLE, NOTE IF ALREADY BUDGETED FOR AND WHAT FISCAL YEAR) 1. IMPLEMENT ADDITIONAL TRAINING FOR ALL CITY STAFF HUMAN RESOURCES LMS “WORKPLACE DIVERSITY” DEPLOYED TO ALL EMPLOYEES BY DECEMBER. ESTABLISH A 12 MONTH TRAINING CALENDAR FOR ALL EMPLOYEES BY MARCH 2021 WE HAVE A SYSTEM WITH THESE TYPES OF TRAININGS INCLUDED BUT MAY NEED FUNDING FOR IN PERSON TRAINING The City will consider more frequent and additional trainings including trainings on “Inclusion in the Workplace” and “Implicit Bias” 2. EMPLOYEE ENGAGEMENT SURVEYS HUMAN RESOURCES SPRING 2021 $0 The City will engage employees annually to gauge inclusion and engagement in the workplace to measure the success of other efforts by the City. 3. EMPLOYEE PERFORMANCE APPRAISAL SYSTEM HUMAN RESOURCES FY22 $0 The City will review its employee performance appraisal system and provide updates with greater consideration to fairness and inclusion. 4. REVIEW BEST PRACTICE RECOMMENDATIONS, INCLUDING THE THRIVE INDEX AND THE MUNICIPAL EQUALITY INDEX HUMAN RESOURCES/CITY MANAGER’S OFFICE INITIAL MEETING WITH CITY MANAGER TO REVIEW THESE PROGRAM ELEMENTS IN JANUARY 2021 $0 FOR INITIAL 13 The City will review the current policies within the ethics ordinance that requires complainants to give their name before complaints are given a complaint investigation status. The review will consider the failures of the policy to meet the needs of the victim and should be updated to reflect those needs. 6. EVALUATE DIVERSITY & INCLUSION ON ADVISORY BOARDS CITY CLERK’S OFFICE SUMMER 2021 $0 The City will conduct an evaluation of City Advisory Boards to determine how or if the City tracks diversity on these boards and consider systems that could be implemented to support diversity and inclusion in these spaces. 106 14 Diversity, inclusion and interaction with minorities – Bozeman Police Department ACTION ITEM LEAD DEPARTMENT TIMELINE FOR IMPLEMENTATION BUDGET (ESTIMATE IF AVAILABLE, NOTE IF ALREADY BUDGETED FOR AND WHAT FISCAL YEAR) 1. ADD FUTURE TRAININGS POLICE DEPARTMENT The Bozeman Police Department will explore additional training opportunities on topics including recognizing implicit bias, anti-racial profiling, and Bias-Free Policing. IMPLICIT BIAS TRAINING (ONLINE) (2.5 HR) ONGOING $3,400 2. AUGMENT EXISTING POLICIES AND UPDATE TO “BIAS-FREE POLICING” POLICE DEPARTMENT The Bozeman Police Department will review its existing policies against the model policy of “Bias-Free Policing” and update existing policies where necessary to be in line with this national best practice. COMPLETED AND TRAINING IMPLEMENTED $0 3. BROADEN COMMUNITY OUTREACH EVENTS The Bozeman Police Department will give continued consideration to broadening community outreach events to interact with more Montana State University groups as well as other community groups. POLICE DEPARTMENT TO BE DETERMINED DEPENDENT UPON PANDEMIC- RELATED RESTRICTIONS N/A 107 15 Hiring Practices - Overall ACTION ITEM LEAD DEPARTMENT TIMELINE FOR IMPLEMENTATION BUDGET (ESTIMATE IF AVAILABLE, NOTE IF ALREADY BUDGETED FOR AND WHAT FISCAL YEAR) 1. CONTINUED EFFORTS TO REACH OUR BEST PRACTICES The City will continue to evaluate and improve its efforts to achieve our best practices in hiring and recruitment. This includes improving our results for candidates and evaluating the impacts of turnover. HUMAN RESOURCES APRIL 2021 MAY NEED MINIMAL AMOUNTS FOR JOB POSTINGS TO NICHE GROUPS. 2. UPDATE HIRING PRACTICES POLICY HUMAN RESOURCES 2021-2022 $0 The City will update the hiring practices manual to reflect current practices and further efforts for diversity. The City will also train supervisors to the hiring practices and hold supervisors accountable for not following hiring practices. 3. REVIEW AND UPDATE THE LANGUAGE AND IMAGES USED FOR ADVERTISING POSITIONS HUMAN RESOURCES 2021 $20,000 The City will review the language and images used for recruiting and advertising open city positions to specialized groups. Language and images should take into consideration literal and visual differences in varied applicant pools. WORK WITH A CONSULT TO DEVELOP NEW VISUAL AND WRITTEN MATERIALS 108 16 Use of Force ACTION ITEM LEAD DEPARTMENT TIMELINE FOR IMPLEMENTATION BUDGET (ESTIMATE IF AVAILABLE, NOTE IF ALREADY BUDGETED FOR AND WHAT FISCAL YEAR) 1. POLICY CHANGES The Bozeman Police Department will make revisions to the current BPD policy and provide additional policy direction concerning de- escalation and use of force. These updates hope to address community concerns and provide clarity for officers. POLICE DEPARTMENT COMPLETE AND TRAINING IMPLEMENTED $0 2. FUTURE TRAININGS POLICE DEPARTMENT The Bozeman Police Department will incorporate more communication and de-escalation scenario-based in-service trainings for officers. They will also evaluate and consider additional training programs on topics that include communication, de-escalation, intervention, recognizing force mitigation opportunities, use of force decision-making, and others. DECISION MAKING (IN PERSON FOR OFFICERS) (2 HR) NOVEMBER 2020 $0 DE-ESCALATION AND FORCE MITIGATION (ONLINE FOR ALL OFFICERS) (2 HR) FALL 2020 $3,400 109 17 Citizen Appeal Process – Bozeman Police Department ACTION ITEM LEAD DEPARTMENT TIMELINE FOR IMPLEMENTATION BUDGET (ESTIMATE IF AVAILABLE, NOTE IF ALREADY BUDGETED FOR AND WHAT FISCAL YEAR) 1. CREATE A STAND-ALONE CITIZEN COMPLAINT POLICY The Bozeman Police Department will create a stand-alone Citizen Complaint Policy that will be available on the City’s website with clear instructions on how to file a complaint, the complaint investigation process, timeline for response, and steps for further engagement after an outcome has been determined. POLICE DEPARTMENT SPRING 2021 $0 2. CLEARLY DISTINGUISH INQUIRIES FROM COMPLAINTS The Bozeman Police Department will create a process, including defining the terms “inquiry” and “complaint” to clearly distinguish inquiries from complaints requiring an investigation and create a system for documenting inquiries. POLICE DEPARTMENT SPRING 2021 $0 3. REFINE THE COMPLAINT INVESTIGATIVE PROCESS The Bozeman Police Department will review and update the Complaint Investigative Process to establish a clear timeframe for notification and follow-up within 24 hours with a complainant. The Bozeman Police Department will also explore options for developing an appeal process for citizens that are unsatisfied with the outcome of a complaint investigation. POLICE DEPARTMENT SPRING 2021 $0 110 BIAS-FREE POLICING Chapter 02 Section 05 APPROVED BY INTERIM CHIEF VELTKAMP – SEPT 30, 2020 Page 1 I. PURPOSE The purpose of this policy is to emphasize the Bozeman Police Department’s commitment to fair and bias-free treatment of all people and to clarify the circumstances in which agency personnel may consider specified characteristics when carrying out duties. Fair and bias-free policing enhances legitimate law enforcement efforts and promotes trust within the community. II. POLICY People having contact with Bozeman Police Department personnel shall be treated in a fair, impartial, bias-free, and objective manner, in accordance with law, and without consideration of specified characteristics as defined in this policy. II. DEFINITIONS A. Biased Policing: Discrimination in the performance of law enforcement duties or delivery of police services, based on personal prejudices or partiality of agency personnel toward classes of people based on specified characteristics. B. Fair and Bias-free Treatment: Conduct of agency personnel wherein all people are treated in the same manner under the same or similar circumstances irrespective of specified characteristics. C. Police Services: Sometimes referred to as community caretaking functions, these are actions and activities that may not directly include enforcement of the law, but that contribute to the overall well-being of the public. These include, but are not limited to, such tasks as welfare checks; death notifications; public assistance to persons who may be lost, confused, or affected by mental or physical illness; traffic control; medical emergencies; lifesaving services; crime prevention; public information; and community engagement. D. Specified Characteristics: For the purposes of this policy, real or perceived personal characteristics, to include but not limited to race, ethnic background, national origin, immigration status, gender, gender identity/expression, sexual orientation, religion, socioeconomic status, age, disability, or political affiliation. E. Racial profiling: The detention, official restraint, or other disparate treatment of an individual solely on the basis of the racial or ethnic status of the individual. III. GUIDELINES Appendix A 111 BIAS-FREE POLICING Chapter 02 Section 05 APPROVED BY INTERIM CHIEF VELTKAMP – SEPT 30, 2020 Page 2 A. Fair and Impartial Treatment 1. Biased policing, including racial profiling, is prohibited both in enforcement of the law and the delivery of police services. 2. Agency personnel shall take equivalent enforcement actions and provide bias-free services to all people in the same or similar circumstances. This does not mean that all people in the same or similar circumstances must be treated identically. Reasonable concessions and accommodations may be, and sometimes should be made, for example when dealing with people with disabilities, injury, or illness. 3. Agency personnel may only consider specified characteristics when credible, timely intelligence relevant to the locality links a person or people with a specified characteristic(s) to a particular unlawful incident, or to particular unlawful incidents or criminal patterns. 4. Officers shall not engage in a practice of routinely stopping members of minority groups for violations of vehicle laws as a pretext for investigating other violations of criminal law, particularly if the reason for the stop is based primarily on their race or ethnicity. 5. Restrictions on the use of specified characteristics do not apply to law enforcement activities designed to strengthen the agency’s relationship with diverse communities. B. Compliance 1. Where appropriate, agency personnel are encouraged to intervene at the time the biased policing incident occurs. Agency personnel who witness or who are aware of instances of biased policing shall report the incident to a supervisor. 2. Supervisors shall: a. Ensure that all agency personnel in their command are familiar with the content of this policy and shall be alert and respond to indications that biased policing is occurring. b. Respond to violations of this policy with training, counseling, discipline, or other remedial intervention as appropriate to the violation. c. Ensure that those who report instances of biased policing are not subject to retaliation. 3. The department will ensure the ability to document the race of those contacted 112 BIAS-FREE POLICING Chapter 02 Section 05 APPROVED BY INTERIM CHIEF VELTKAMP – SEPT 30, 2020 Page 3 during vehicle and person stops. Personnel shall comply with all departmental direction regarding how to assist in ensuring the accurate documentation of this criteria. 4. Any written complaint of racial profiling or other biased policing shall be handled in accordance with the department’s Administrative Investigations and Discipline Policy. C. Training All agency personnel will receive basic and periodic in-service training and, where deemed necessary, remedial training on subjects related to fair and bias- free policing. Topics should include legal aspects and the psychology of bias, cultural awareness, and racial profiling. 113 USE OF FORCE Chapter 03 Section 01 APPROVED BY INTERIM CHIEF VELTKAMP – SEPT 30, 2020 Page 1 I. POLICY The purpose of this policy is to provide officers of the Bozeman Police Department with guidelines on the reasonable use of force. It consists of general principles and values and is not a statement of what must be done in a particular situation. The Bozeman Police Department values the sanctity of human life and the importance of treating all persons with dignity and respect. It is the policy of this department that police officers shall use only force that is reasonably necessary to effectively bring an incident under control, while protecting the lives of the officer and others. II. DEFINITIONS A. Force: Any physical efforts used by an officer to control, overpower, or restrain another. B. Lethal Force: Force likely to cause death or serious bodily harm. C. Less-lethal Force: Any use of force other than that which is considered lethal force. D. Objectively Reasonable: As decided by the US Supreme Court in Graham v. Connor, 490 U.S. 386 (1989), the Fourth Amendment ‘reasonableness” inquiry is whether the officer’s actions are “objectively reasonable” in light of the facts and circumstances confronting them, without regard to their underlying intent or motivation. The “reasonableness” of a particular use of force must be judged from the perspective of a reasonable officer on the scene, and its calculus must embody an allowance for the fact that police officers are often forced to make split- second decisions about the amount of force necessary in a particular situation. E. De-escalation: Taking action or communicating verbally or non-verbally during a potential force encounter in an attempt to stabilize the situation and reduce the immediacy of the threat so that more time, options, and resources can be called upon to resolve the situation without the use of force or with a reduction in the force necessary. De-escalation may include the use of such techniques as command presence, advisements, warnings, verbal persuasion, and tactical repositioning. F. Exigent Circumstances: Those circumstances that would cause a reasonable person to believe that a particular action is necessary to prevent physical harm to an individual, the destruction of relevant evidence, the escape of a suspect, or some other consequence improperly frustrating legitimate law enforcement efforts. G. Chokehold: A physical maneuver that restricts an individual’s ability to breathe for the purposes of incapacitation. H. Vascular Restraint: A physical maneuver that restricts blood flow to an Appendix B 114 USE OF FORCE Chapter 03 Section 01 APPROVED BY INTERIM CHIEF VELTKAMP – SEPT 30, 2020 Page 2 individual’s brain for the purposes of incapacitation. III. GUIDELINES It is recognized that officers may be confronted with situations where use of force may be required to make an arrest, prevent escape, as self-defense, or to protect the public. Many force and equipment options are available to the officer. The officer must choose the appropriate option based on an objectively reasonable belief of the threat, either actual or perceived. A. ESCALATION AND DE-ESCALATION 1. The amount of time available to an officer to evaluate and respond to a situation may impact the officer’s decision. Often an officer must make a split-second decision in reaction to a threat or risk. A number of factors should be taken into consideration when an officer selects force options and when evaluating whether an officer has used reasonable force. 2. Whenever possible and when such delay will not compromise the safety of the officer or another, and will not result in the destruction of evidence, escape of a suspect, or commission of a crime, an officer shall allow an individual reasonable opportunity to submit to verbal commands before force is used. 3. While it is preferred that officers attempt to de-escalate a situation by gaining compliance through advice, warning or persuasion, it is sometimes necessary to use physical force. 4. Use of physical force should be discontinued when resistance ceases or when the incident is under control. 5. Officers must react to all situations in an objectively reasonable manner as outlined in Graham vs. Connor. Factors which may affect an officer’s force option selection include but are not limited to; a. Officer/Subject factors (age, size, relative strength, skill level, injury/exhaustion level) b. Influence of drugs or alcohol c. Proximity of weapons d. Availability of other options e. Seriousness of the offense f. Fear of injury or death to the officer or another g. Actions of the subject h. Number of subjects present 115 USE OF FORCE Chapter 03 Section 01 APPROVED BY INTERIM CHIEF VELTKAMP – SEPT 30, 2020 Page 3 i. Location of officer and availability of back-up j. Other exigent circumstances 6. It is important to note that an officer does not need to gain control over an individual by use of the lowest level of force available when reason dictates otherwise and the officer can articulate that a higher level of force was reasonable. The law, proper training, and common sense should dictate the officer’s discretion to escalate and/or de-escalate the use of force. 7. Officers have a duty to intervene to prevent or stop the use of excessive force by another officer when it is safe and reasonable to do so. The excessive force shall be reported to a supervisor as soon as possible. 8. Once the scene is safe and as soon as practical, an officer shall provide appropriate medical care consistent with his or her training to any individual who has visible injuries, complains of being injured, or requests medical attention. This may include providing first aid, requesting emergency medical services, and/or arranging for transportation to an emergency medical facility. B. USE OF FORCE OPTIONS 1. LESS-LETHAL LEVELS OF FORCE: a. LOW LEVEL 1) Officer presence and verbal commands: When practical, verbal commands should be used in combination with other levels of force as a means to control the situation 2) Restraints: Includes the use of handcuffs, flex cuffs, Restraint strap, leg restraints, WRAP and belly belt. This also includes actually placing hands on a person in a gentle to firm manner to gain control over the subject. b. INTERMEDIATE LEVEL 1) Compliance techniques (Soft): Includes pressure points, takedowns, and joint manipulation. 2) Chemical Agents: Includes oleoresin capsicum (OC), Ortho Chlorobenzalnnalonitrate (CS gas) 3) Temporary Incapacitation (Hard): Techniques include strikes with hands, elbows, feet, and knees; expandable or straight baton, flashlight, or weapon of necessity. Includes use of 12-gauge bean bag 116 USE OF FORCE Chapter 03 Section 01 APPROVED BY INTERIM CHIEF VELTKAMP – SEPT 30, 2020 Page 4 projectile, rubber baton, bullet, diversionary or distraction devices, Canine Contacts/Bites, Conducted Electrical Weapons (Taser). 2. LESS-LETHAL USE OF FORCE: Officers are authorized to use department approved less-lethal force techniques, issued equipment, or weapons of necessity or opportunity for resolution of incidents as follows: a. To protect themselves or another from physical injury, or the threat thereof. b. To restrain or subdue a non-compliant individual. c. To bring an unlawful situation safely and effectively under control. d. Physical force shall not be used against individuals in restraints, except as objectively reasonable to prevent their escape or prevent imminent bodily injury to the individual, the officer, or another person. In these situations, only the minimal amount of force necessary to control the situation shall be used. 3. AUTHORIZED LESS-LETHAL EQUIPMENT: Officers are not permitted to use department issued or authorized equipment unless qualified in its use as determined by training procedures. Patrol Officers are required to carry on their duty belt, at least two of the following less lethal equipment items: a. OC spray b. Baton (Asp) c. Flashlight (Available for use as a baton) d. Taser 4. LETHAL FORCE: a. In accordance with M.C.A. 45-3-101 through 45-3-106, and this policy, Officers are authorized to use lethal force with issued firearms, other issued equipment or weapons of necessity or opportunity to: 1. Protect the police officer or others from what is reasonably believed to be a threat of death or serious bodily injury; and/or 2. Prevent the commission of a forcible felony. 117 USE OF FORCE Chapter 03 Section 01 APPROVED BY INTERIM CHIEF VELTKAMP – SEPT 30, 2020 Page 5 b. Before using a firearm, police officers should identify themselves and state their intent to shoot, whenever feasible or practical. c. An officer’s decision to present or exhibit a firearm should be based on the tactical situation and the officer's reasonable belief there is a substantial risk that the situation has already escalated or may escalate to the point where deadly force may be justified. When an officer has determined that the use of deadly force is not necessary, the officer shall, as soon as practicable, secure or holster the firearm. d. The use of a firearm against a moving motor vehicle is inherently dangerous. Officers shall not discharge a firearm at a motor vehicle or its occupant(s) unless the officer has an objectively reasonable belief that: 1. The vehicle or suspect poses an immediate threat of death or serious bodily injury to the officer or another person; 2. If an officer finds themselves in the path of an oncoming vehicle, when reasonable or practical, the officer should attempt to move from the path of a vehicle causing a threat. e. The firing of warning shots is inherently dangerous and should not be fired except under the most compelling circumstances. A warning shot may be fired in an effort to stop a person only when the officer is authorized to use lethal force, and if the officer reasonably believes a warning shot can be fired safely in light of all the circumstances of the encounter. f. The use of chokeholds and vascular neck restraints are prohibited unless deadly force is authorized. C. REPORTING USE OF FORCE 1. Supervisor notification and a written Use of Force Report is required in the following situations: a. Any use of force option above Low Level is utilized. b. When force is used while displaying or presenting a firearm or less-lethal tool towards a subject to gain compliance. c. When lethal Force is threatened or used. 118 USE OF FORCE Chapter 03 Section 01 APPROVED BY INTERIM CHIEF VELTKAMP – SEPT 30, 2020 Page 6 2. The on-call Command Duty Officer will be immediately notified and will direct the investigation in the following situations: a. When a firearm is discharged during a use of force incident. b. When any use of force results in death or serious injury. c. When a subject complains that serious injury has been inflicted. d. When misconduct surrounding the use of force is alleged or suspected. D. REVIEW AND INVESTIGATION 1. All Use of Force Reports and related supplemental reports shall be reviewed by the chain of command to determine whether; departmental rules, policy or procedures were followed, the relevant policy was clearly understandable and effective to cover the situation, and department training is currently adequate. a. A review board may be appointed at the discretion of the Chief of Police. b. The Chief of Police may determine if a full internal or criminal investigation is warranted. If so determined, the Chief shall follow the guidelines in the Discipline and Complaint Policy, Investigation of Serious Complaints. c. All findings of policy violation or training inadequacies shall be reported to the Chief of Police, along with any recommended disciplinary action and/or corrective action plan. E. TRAINING 1. All officers shall receive training on this agency’s use of force policy and related legal updates. 2. In addition, training shall be provided on a regular and periodic basis and designed to: a. Provide techniques for the use of and reinforce the importance of de- escalation; b. Simulate actual shooting situations and conditions; c. Enhance officers’ discretion and judgement in using less-lethal and deadly force in accordance with this policy. 3. All use of force training shall be documented. 119 A. City of Bozeman Thrive Index assessment: We have also continued to evaluate employment practices against the Thrive Index with very good results (see below.) We have found that the City has been consistently upholding the objectives put forth, as hiring and employment practices are designed to be fair and equitable to all applicants and employees. No changes have been made in our general response this year, but we continue to see great participation in our Leave Bank programs. These programs continue to help employees obtain paid leave for maternity and family care by voluntary pooling employee sick leave hours. CITY OF BOZEMAN AND THE THRIVE INDEX Adequate wages and benefits City of Bozeman Comment Are part-time workers paid the same (per hour, including benefits) as full-time workers performing the same or similar tasks? Y Are most part-time workers guaranteed a minimum number of hours per week? If not, are there ways they could be? Y Some departments guarantee a range of hours vs. a set schedule - i.e. at least 12, but not more than 18 Are workers who remain on the job for a specified period of time eligible for a pay increase? Y Are workers who remain on the job for a specified period of time eligible for paid sick leave for themselves or to care for a family member? Y When job-skill demands or responsibilities increase, are wages adjusted upward? Sometimes The City works to ensure employees are working within their class specification. Reclassifications and/or promotions are the avenue for pay increases, and department heads request those during the annual budget process. $SSHQGL[& 120 Are workers paid for their entire scheduled shift, even if business is slow? Sometimes Employees get paid for the hours they work. Shifts are not typically cut short, but if there is an urgent need to close a facility, employees would not be paid for the closure. This rarely happens. Are hourly wages higher for nonstandard shifts, such as nights or weekends? Sometimes Depending on the Collective Bargaining Agreement, there may be shift premiums. Opportunities for Upward Mobility Do low-wage workers have opportunities for on-the-job or cross-task training or outside educational opportunities that can lead to upward mobility? Y Can schedules accommodate workers’ pursuit of educational opportunities? Sometimes The City makes every effort to accommodate employees’ requests for time off and/or modified schedules. However, based on the need to efficiently and safely operate City business, not every request can be granted every time. When skill demands or job responsibilities increase, is training provided for newly assigned tasks? Y Can workers cross-train in different areas to increase their flexibility and value to the company (recognizing that outsourcing of some functional areas or other factors may prohibit this)? Y Are there opportunities for upward mobility within the company that do not require geographic relocation? Y Support for personal and family needs Can worker breaks be scheduled to accommodate the need for phone calls at pre-specified times for working caregivers? Y 121 Are occasional calls for urgent matters allowable? Can children or caregivers call an employee at work when necessary? Y Are workers who remain on the job for a specified period of time eligible during their regular work hours to care for their health or a family member’s without losing pay (e.g., able to leave for an hour or two for a trip to the doctor)? Y Can personal time be taken in small increments of an hour or two (for doctor’s appointments, parent-teacher conferences, educational opportunities, etc.)? Y Do you offer paid or unpaid maternity or paternity leave for workers? Is the length of this leave negotiable? Y Paid time is offered through employee accruals, our Sick Leave Bank, and our Direct Donation policies, and can be used for the entire absence (at 100% pay) Work scheduling, predictability, and flexibility Is there a systematic way for workers to communicate their preferences for hours and schedules? If not, could some such system be implemented? Y Does the shift/hours scheduling system take account of workers’ constraints and preferences? Y Are work schedules announced more than a day or two in advance? Can workers trade shifts with colleagues when time conflicts develop (allow “shift-swapping”)? Y If workers are asked to stay beyond the end of scheduled shifts to finish assignments or for administrative procedures, are they given advance notice of when this may be required? Y Does the measured workload take into account the quality or difficulty of tasks along with simpler measures of the number of customers, clients, or patients? Y Autonomy, respect, and trust Are workers protected from “no-fault” absence or tardiness policies (ones that lead to disciplinary actions or dismissal, even for excused absences)? Y Are workers allowed or encouraged to contribute ideas to better organize or improve their work teams or work areas? Y Can workers occasionally make personal phone calls? Y 122 123 Max Pts. (SO/GI) Earned Pts. SO GI SO GI SO GI A. Employment 10 (5/5) 0 0 0 0 5 5 10 B. Housing 10 (5/5) 0 0 0 0 5 5 10 C. Public Accommodations 10 (5/5) 0 0 0 0 5 5 10 Bonus: All-Gender Single Occupancy Facilities 2 0 Bonus: Protects Youth From Conversion Therapy 2 0 30 (15/15) 30 4 0 SO GI A. Non-Discrimination in City Employment 14 (7/7) 0 0 7 7 14 B. Transgender-Inclusive Healthcare Benefits 6 6 C. City Contractor Non-Discrimination Ordinance 6 (3/3) 0 0 3 3 6 D. Inclusive Workplace 2 0 BONUS: City Employee Domestic Partner Benefits 1 0 28 26 1 0 Part III. Municipal Services SO GI SO GI A. Human Rights Commission 5 0 B. Enforcement Mechanism in Human Rights Commission 2 0 C. LGBTQ Liaison in City Executive's Office 5 0 Bonus: Youth Bullying Prevention Policy for City Services 2 (1/1) 0 0 0 0 0 BONUS: City Provides Services to LGBTQ Youth 2 0 BONUS: City Provides Services to LGBTQ Homeless People 2 0 BONUS: City Provides Services to LGBTQ Elders 2 0 BONUS: City Provides Services to People Living With HIV or AIDS 2 0 BONUS: City Provides Services to the Transgender Community 2 0 12 0 12 0 A. LGBTQ Police Liaison or Task Force 10 0 B. Reported 2018 Hate Crimes Statistics to the FBI 12 12 22 12 A. Leadership's Public Position on LGBTQ Equality 0-5 5 B. Leadership's Pro-Equality Legislative or Policy Efforts 0-3 2 BONUS: Openly LGBTQ Elected or Appointed Municipal Leaders 2 0 BONUS: City Tests Limits of Restrictive State Law 3 3 8 7 5 3 Key 75 SO = Sexual Orientation 3 GI = Gender Identity 78 78 0 Total Raw Score Final Score 0 0 0 0 5 3 Standard Points Total Part V. Bonus Points 0 2 0 0 0 0 0 0 Bonus Points Total Memorandum REPORT TO: City Commission FROM: Chris Saunders, Community Development Manager Martin Matsen, Community Development Director SUBJECT: Baxter Creek Zone Map Amendment to Change 18.24 Acres from B-2 (Community Business District) to B-2M (Community Business District-Mixed), Application 20-387 MEETING DATE: February 9, 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 20-387 and move to approve the Baxter Creek 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: See attached Staff Report. UNRESOLVED ISSUES: None. ALTERNATIVES: As identified in the Staff Report. FISCAL EFFECTS: None at this time. Attachments: CC Staff report - Baxter Creek ZMA App. No. 20387, 2-02- 2021.docx Consolidated Application Packet.pdf Report compiled on: January 14, 2021 125 Page 1 of 17 20-387 Staff Report for the Baxter Creek Zone Map Amendment Public Hearing: The Zoning Commission public hearing will be held on January 25, 2021. The City Commission public hearing will be held on February 9, 2021 Project Description: Amendment of the City Zoning Map for a currently vacant property and adjacent right-of-way totaling 18.24 acres from B-2 (Community Business District) to B-2M (Community Business District-Mixed). Project Location: Along the north side of Huffine Lane (MT Highway 191) and the south side of Fallon Street, approximately 650 feet west of S. Cottonwood Road. The property may be described as the W ½ SE ¼ SE ¼ of Section 9, Township 2 South, Range 5 East, excepting therefrom a 41’ strip of land off the west side described in Certificate of Survey 1005 and Highway 191 right-of-way conveyed to the State of Montana, located in the City of Bozeman, Gallatin County, Montana. 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 20-387 and move to approve the Baxter Creek Zone Map Amendment, with contingencies required to complete the application processing. Recommended 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 20-387 and move to approve the Baxter Creek Zone Map Amendment, with contingencies required to complete the application processing. Report Date: February 2, 2021 Staff Contact: Chris Saunders, Community Development Manager Agenda Item Type: Action - Legislative EXECUTIVE SUMMARY Unresolved Issues None identified at this time. 126 Staff Report for the Baxter Creek Zone Map Amendment 20-387 Page 2 of 17 Project Summary Nicole Olmstead of Cushing Terrell, representing applicant Outlaw Real Estate Partners and its member Ryan Kulesza, seeks to amend the zoning map designation on property owned by Flowerree Family LLC. Property has since changed ownership to Baxter Creek, LLC. The zone map amendment would change the zoning on approximately 17.57-acres, along with the adjacent street right-of-way included in the zone change area, for a total of 18.24 acres, from B-2 (Community Business District) to B-2M (Community Business District-Mixed). The subject property is located along the north side of Huffine Lane (MT Highway 191) and the south side of Fallon Street, approximately 650 feet west of S. Cottonwood Road. On January 5, 2021, the City Commission preliminarily approved a zoning change on the property immediately to the west to also be B-2M. That change is in the process of being finalized. Section 1 maps show what is presently on the zoning map. Zoning Commission The Zoning Commission held a public hearing on January 25, 2021. After consideration of the matter they recommended approval of the application. Video and minutes of the meeting are. available at https://bozeman.granicus.com/player/clip/44?view_id=1&redirect=true. No public comment was received. Alternatives 1. Denial of 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. 127 Staff Report for the Baxter Creek Zone Map Amendment 20-387 Page 3 of 17 TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 1 Unresolved Issues ............................................................................................................... 1 Project Summary................................................................................................................. 2 Zoning Commission............................................................................................................ 2 Alternatives......................................................................................................................... 2 SECTION 1 - MAP SERIES .................................................................................................... 4 SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT..... 6 SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 6 Zone Map Amendment ....................................................................................................... 6 SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS............. 7 Spot Zoning Criteria ......................................................................................................... 12 PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 13 APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND.............. 13 APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 14 APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 14 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 17 FISCAL EFFECTS................................................................................................................. 17 ATTACHMENTS................................................................................................................... 17 128 Staff Report for the Baxter Creek Zone Map Amendment 20-387 Page 4 of 17 SECTION 1 - MAP SERIES Map 1: Vicinity Map of the subject property in the City of Bozeman 129 Staff Report for the Baxter Creek Zone Map Amendment 20-387 Page 5 of 17 Map 2: Existing Zoning (B-2) Map 3: Proposed Zoning (B-2  B-2M) 130 Staff Report for the Baxter Creek Zone Map Amendment 20-387 Page 6 of 17 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 “Baxter Creek 2021 Zone Map Amendment”. 2. The applicant must submit a zone amendment map, titled "Baxter Creek 2021 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 property to be rezoned; unless the property to be rezoned can be entirely described by reference to existing platted properties or certificates of survey. 3. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant provides an editable metes and bounds legal description prepared by a licensed Montana surveyor. SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS Zone Map Amendment Having considered the criteria established for a zone map amendment, the Staff recommends approval as submitted of the Baxter Creek 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 will hold a public hearing on this ZMA on January 25, 2021 and will forward a recommendation to the City Commission on the Zone Map amendment. The meeting will begin at 6 p.m. The meeting will be held via WebEx. Instructions for participating in the e-meeting will be included on the meeting agenda which is published on the City’s website at least 48 hours prior to the meeting. The agenda is available in the Meetings and Events portion of the City’s website at https://www.bozeman.net/home The City Commission will hold a public hearing on the zone map amendment on February 9, 2021. The meeting will begin at 6 p.m. The meeting will be held via WebEx. Instructions for participating in the e-meeting will be included on the meeting agenda which is published on 131 Staff Report for the Baxter Creek Zone Map Amendment 20-387 Page 7 of 17 the City’s website at least 48 hours prior to the meeting. The agenda is available in the Meetings and Events portion of the City’s website at https://www.bozeman.net/home 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 Map in the Bozeman Community Plan 2020 designates the property Community Commercial Mixed Use. The Community Commercial Mixed Use designation correlates with several zoning districts including R-O, REMU, B-1, UMU, NEHMU, as well as the existing B-2 zoning and the B-2M zoning being proposed by the applicant at this time. The proposed zone map amendment from B-2 to B-2M would allow for similar land uses as the current B-2 district, and also provide for apartment buildings, townhouses/rowhouses, and ground floor residential as permitted uses as opposed to conditional uses. Some form and intensity standards for B-2M are also different, largely reflective of the intent to encourage residential uses as secondary uses to the ‘mixed’ business district. This development pattern is in accordance with several goals and objectives of the Community Plan including: Goal N-1: Support well-planned, walkable neighborhoods. 132 Staff Report for the Baxter Creek Zone Map Amendment 20-387 Page 8 of 17 The mixed use nature of the B-2M district is more supportive of a park once, multiple destination, type of development. Greater allowance for housing increases likelihood of job/home proximity which facilitates walkability. Goal DCD-1: Support urban development within the City. Objective DCD-1.9 Promote mixed-use developments with access to parks, open space, and transit options. The B-2M district allows more intensive development than B-2 with greater building heights permitted. B-2M is a mixed district and therefore is more supportive to mixed use development. Goal DCD-2: Encourage growth throughout the City, while enhancing the pattern of community development oriented on centers of employment and activity. Support an increase in development intensity within developed areas. Objective DCD-2.2. Support higher density development along main corridors and at high visibility street corners to accommodate population growth and support businesses. Goal DCD-3: Ensure multimodal connectivity within the City. Objective DCD-3.5 Encourage increased development intensity in commercial centers and near major employers. Goal M-1: Ensure multimodal accessibility. Objective 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. Goal EE-1: Promote the continued development of Bozeman as an innovative and thriving economic center. Objective EE-1.3 Continue to facilitate live/work opportunities as a way to support small, local businesses in all zoning districts. The B-2M district supports live/work and mixed uses. This supports but does not guarantee development of small local businesses or live/work style development. B. Secure safety from fire and other dangers. Yes. The subject property is currently served by City of Bozeman Fire and Police Departments. Future development of the property will be required to conform to all City of Bozeman public safety, building and land use requirements, which will ensure this criterion is met. Access to the site and provision of municipal water supply are nearby and will be expanded onto the site as needed during development review. The zone change is not likely to adversely impact safety from fire and other dangers. 133 Staff Report for the Baxter Creek Zone Map Amendment 20-387 Page 9 of 17 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 similarity between the B-2 and B-2M districts are such that there will be few differences between the existing and proposed districts. The same standards such as watercourse setbacks, watercourse protection, and others which address safety and welfare apply regardless of what zoning district is in place. 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. 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.” As noted in the introduction to this Section, the Staff considers the entirety of the regulations when evaluating each criterion. The application requirements for future development and the standards in the municipal code will ensure that the needed infrastructure and other features needed to comply with this criterion are met. The City is presently constructing expansions to sewer capacity to serve the area with the Davis lift station and recently completed expansion of Cottonwood Road. 134 Staff Report for the Baxter Creek Zone Map Amendment 20-387 Page 10 of 17 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, on-site open space requirements, lot coverage, and setback requirements. Future development of the property will be subject to these provisions. The Building Codes adopted under Chapter 10 of the municipal code further provide for this issue. F. The effect on motorized and non-motorized transportation systems. Neutral. The requested change in zoning from B-2 to B2-Mwill 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, with more flexibility for residential development, could have the effect of providing more potential for future residences in close proximity to existing goods, services, and employment opportunities. Proximity of homes and services may reduce the number of trips 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. The transportation system is well developed in this area with multiple nearby arterial streets and traffic signals to facilitate heavy traffic flows. The pedestrian network is developing. Development of the subject property would support continuation of the developing shared use path along Huffine Lane, sidewalks along Fallon Street, and a potential trail along Baxter Creek. These findings are the same under either the B-2 or B-2M district. 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 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 designates the property as Community Commercial Mixed Use. This designation correlates with several zoning districts including the 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. 135 Staff Report for the Baxter Creek Zone Map Amendment 20-387 Page 11 of 17 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 a vacant field. 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 site is presently vacant. Any future development will substantially change the nature of the site. The adjacent property to the east is developed for commercial purposes. The adjacent property to the west has been preliminarily approved to change designation to B-2M. The differences resulting from the requested amendment are minor. The City has defined compatible development as: “The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and objectives of the city's adopted growth policy. Elements of compatible development include, but are not limited to, variety of architectural design; rhythm of architectural elements; scale; intensity; materials; building siting; lot and building size; hours of operation; and integration with existing community systems including water and sewer services, natural elements in the area, motorized and non-motorized transportation, and open spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design, density or use.” The City has adopted many standards to identify and avoid or mitigate demonstrable negative impacts of development. These will support the ability of future development to be compatible with adjacent development and fit into the changing character of the area. Any future development under either B-2 or B-2M will be subject to Article 38.5 and other standards to address compatibility. I. Peculiar suitability for particular uses. Yes. The proposed B2-M district 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 the arterial corridor of Huffine Lane. Additionally, 136 Staff Report for the Baxter Creek Zone Map Amendment 20-387 Page 12 of 17 the property is suitable for urban development without major constraints related to floodplains, human-wildlife conflict, steep slopes or other hazards. J. Conserving the value of buildings. Neutral. There are no buildings on the property that may have their values impacted. The property is already zoned for urban-scale mixed use development, 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 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. The property proposed for B-2M is currently zoned B-2, which is very similar in terms of allowed uses, which are diverse, with both districts allowing for a mixture of residential and commercial land uses. Surrounding established land uses are similarly diverse and not significantly different than the allowed uses on the proposed B-2M district. The property to the west has been preliminarily approved to change to B-2M as well. Therefore, this zoning request will be the same as the already allowed adjacent uses. 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 zone map amendment request would directly benefit one property owner, Baxter Creek LLC. As noted above, the rezone request is privately initiated and also consistent with the adjacent zoning to the west. Either the existing or proposed zoning would be in compliance with the growth policy. Compliance with the growth policy demonstrates a generalized benefit to the community as the growth policy broadly depicts a pattern of development found to be in the best interest of the community. 137 Staff Report for the Baxter Creek Zone Map Amendment 20-387 Page 13 of 17 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 ‘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 proposed zoning aligns with the BCP 2020, 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 Nicole Olmstead of Cushing Terrell, representing applicant Outlaw Real Estate Partners and its member Ryan Kulesza, seeks to amend the zoning map designation on property owned by Flowerree Family LLC. Ownership of the property has since changed. The zone map amendment would change the zoning on approximately 17.57-acres, along with the adjacent 138 Staff Report for the Baxter Creek Zone Map Amendment 20-387 Page 14 of 17 street right-of-way included in the zone change area, for a total of 18.24 acres, from B-2 (Community Business District) to B-2M (Community Business District-Mixed). The subject property is located along the north side of Huffine Lane (MT Highway 191) and the south side of Fallon Street, approximately 650 feet west of S. Cottonwood Road. The property is a generally flat, vacant field in an area of rapid development and a diverse mixture of land uses. In terms of natural or human caused hazards, the site is somewhat constrained by a creek and adjacent wetlands. It is located adjacent to Huffine Lane, a principal arterial and transit route. The Bozeman Community Plan 2020 designates the property as 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 January 10 and 17, 2021. Notice was sent via first class mail to adjacent landowners and posted on the property on January 8, 2021. No public comments have been received to date. Any public comments received prior to noon on the day of the public hearing will be provided to the Zoning Commission and City Commission. APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING Adopted Growth Policy Designation: The property’s growth policy designation on the Future Land Use Map of the Bozeman Community Plan 2020 (Growth Policy) is “Community Commercial Mixed Use”. The Community Commercial Mixed Use category promotes commercial areas necessary for economic health and vibrancy. This includes professional and personal services, retail, education, health services, offices, public administration, and tourism establishments. Density is expected to be higher than it is currently in most commercial areas in Bozeman and should include multi-story buildings. Residences on upper floors, in appropriate circumstances, are encouraged. The urban character expected in this designation includes urban streetscapes, plazas, outdoor seating, public art, and hardscaped open space and park amenities. High density residential areas are expected in close proximity. Developments in this land use area should be located on one or two quadrants of intersections of the arterial and/or collector streets and integrated with transit and non-automotive routes. Due to past development patterns, there are also areas along major streets where this category is organized as a corridor rather than a center. Although a broad range of uses may be appropriate in both types of locations, the size and scale is to be smaller within the local service areas. Building and site designs made to support easy reuse of the building and site over time is important. Mixed use areas should be developed in an integrated, pedestrian friendly manner 139 Staff Report for the Baxter Creek Zone Map Amendment 20-387 Page 15 of 17 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 a zone map amendment to B-2M (Community Business Mixed- Use). 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 nodes, and/or areas served by transit. The following figure from the Bozeman Community Plan 2020, with red boxes indicating the applicability of this proposed ZMA, illustrates how the proposed B-2M district correlates with its Community Commercial Mixed Use designation of the Future Land Use Map: 140 Staff Report for the Baxter Creek Zone Map Amendment 20-387 Page 16 of 17 141 Staff Report for the Baxter Creek Zone Map Amendment 20-387 Page 17 of 17 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF Owner: Baxter Creek, LLC, Ryan Kulesza, Member PO Box 161236 Big Sky, MT 59716 Applicant: Outlaw Real Estate Partners, Ryan Kulesza, Member PO Box 161236 Big Sky, MT 59716 Representative: Nicole Olmstead, Cushing Terrell 411 E Main Street #101 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 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. 142 PROJECT INFORMATION Project Name: Project Type(s): Street Address: Legal Description: Description of Project: Current Zoning: Gross Lot Area: Block Frontage(s): Number of Buildings: Type and Number of Dwellings: Building Size(s): Building Height(s): Number of Parking Spaces: Affordable Housing (Y/N): Cash-in-lieu Parkland (Y/N): Departure/Deviation Request (Y/N): A1 DEVELOPMENT REVIEW APPLICATION PROJECT IMAGE Community Development Development Review Application Page 1 of 3 Revision Date: June 2020 SPECIAL DISTRICTS Overlay District: Neighborhood Conservation None Urban Renewal District: Downtown North 7th Avenue Northeast North Park None VICINITY MAP Baxter Creek ZMA Zone Map Amendment TBD S09, T02 S, R05 E, W2SE4SE4 LESS HWRW PT of COS 1005 B-2 18.24 acres NA 0 NA NA NA NA NA NA NA Change the zoning for the property from B-2 to B-2M S09, T02 S, R05 E, W2SE4SE4 LESS HWRW PT of COS 1005 143 144 145 146 147                          12,$5,2,  8212’545>14 214+    A          &  &      & <           !    0 &    &   %  $    0*&&  153 154 SEW SEW BAXTER CREEK COMMERCIAL INFRASTRUCTURE IMPROVEMENTS GALLATIN COUNTY, MT OUTLAW PARTNERS BIG SKY, MONTANA 10/07/2020 203430 HE C Oct 21, 2020 - 3:41pm CAD FILE: M:\203430\Drawings\ZMA MAP.dwg REVISIONS DATE PROJECT NUMBER HYALITE Engineers, PLLC 2304 N 7th Ave. Ste. L Bozeman, MT 59715 Tel: (406) 587.2781 w w w . hyaliteeng. com Fax: (406) 522.9225 2016 PRELIMINARY DRAWING SET - 22x34 originals SCALE SHEET TITLE DESIGN BY 0' 100' 200' 300' 1 OF 1 1" = 100' XXXX XXX 17.57 ACRES IN SE1 4 OF SE 1 4 OF SECTION 9,TOWNSHIP 2 SOUTH, RANGE 5 EAST, BOZEMAN, MONTANA BAXTER CREEK LEGEND WETLAND BOUNDARY PROPOSED B-2M EXISTING B-2 EXISTING R-0 EXISTING BP EXISTING R-3 EXISTING R-4 EXISTING WATER EXISTING SANITARY SEWER EXISTING STORM PROPERTY BOUNDARY SEW PROPOSED B-2M ZONING 765,377 SQ FT (17.57 ACRES) EXISTING B-2 ZONING HUFFINE LANE (VARIABLE RIGHT OF WAY) SOUTH COTTONWOOD ROAD N1 NOTICING CHECKLIST NOTICING PROCEDURE Notice is required for certain projects in order for citizens to participate in decision making which affects their interests and provides opportunity to receive information pertinent to an application that would not otherwise be available to the decision maker. The applicant is responsible for posting the project site and mailing a notice per the requirements of the Bozeman Municipal Code (BMC). Public noticing for comment periods or hearings and associated application information, timing, type, and location is required by law per Section 38.220, BMC. See form N2 Noticing Instructions and Declaration Form on how to notice your project, send mailings, and post on the project site. NOTICING CHECKLIST (NON-CERTIFIED MAILINGS) The following is required materials for applications that do not require certified mail - Site Plan, Master Site Plan, Conditional Use Permit, Special Use Permit, Variance, Deviation, First Minor Subdivision, Planned Unit Development, Appeals, Zone Map Amendment, Growth Policy Amendment, Annexation. 1. Completed and signed property adjoiners certificate form N1. 2. Legible list of full names and addresses of all property owners within 200 feet of the project site, attached to this checklist. Community Development Noticing Checklist Page 1 of 1 Revision Date: August 2020 NOTICING CHECKLIST (CERTIFIED MAILINGS) The following is required materials for applications that do require certified mail - Major and Subsequent Minor Subdivisions. 1. Completed and signed property adjoiners certificate form N1. 2. Legible list of full names and addresses of all property owners within 200 feet of the project site and not physically contiguous (touching a boundary) to the subdivision, attached to this checklist. Clearly label list ADJOINER NOT CONTIGUOUS. 3. Legible list of full names and addresses of all property owners physically contiguous (touching a boundary) including recorded purchasers under contract for deed to be sent certified mail attached to this checklist. Clearly label list ADJOINER CONTIGUOUS. PROPERTY OWNER RECORDS Current property owners of record can be found at the Gallatin County Clerk and Recorder’s Office in the Gallatin County Courthouse at 311 West Main Street Bozeman, Montana. CERTIFICATION AND SIGNATURES I, _____________________________________________, hereby certify that, to the best of my knowledge, the attached name and address list of all adjoining property owners (including all condominium owners), within 200 feet of the property located at ____________________________________________________, is a true and accurate list from the last declared Gallatin County tax records. I further understand that an inaccurate list may delay review of the project. _______________________________________ __________________ Signature Date CONTACT US Alfred M. Stiff Professional Building 20 East Olive Street Bozeman, MT 59715 phone 406-582-2260 fax 406-582-2263 planning@bozeman.net www.bozeman.net/planning Nicole Olmstead TBD Huffine Lane, Bozeman MT Nicole Olmstead 10/23/2020 156 Property Address Legal Description of Property Property Owner Name Mailing address of Property owner according to MT Dept. of Revenue 1 STORM WATER COMMON OPEN SPACE A J C BILLION AUTO PLAZA SUB, S09, T02 S, R05 E, ACRES 2.235, COMMON AREA BLK 1 LOT 4 LESS R/W; BLK 2 LOT 4A JC BILLION AUTO PLAZA SUB JC BILLION AUTO PLAZA SUB General Delivery Bozeman, MT 59715 2 200 COMPETITION DR Bozeman MT 59718 J C BILLION AUTO PLAZA SUB, S09, T02 S, R05 E, BLOCK 1, Lot 2A, ACRES 2.74, PLAT J-180-E BILLION FAMILY LIMITED PARTNERSHIP 270 Automotive Ave Bozeman, MT 59718 3 171 COMPETITION DR Bozeman, MT 59718 J C BILLION AUTO PLAZA SUB, S09, T02 S, R05 E, BLOCK 3, Lot 1A, ACRES 1.42, PLAT J-180-C J & D FAMILY LIMITED PARTNERSHIP 270 Automotive Ave Bozeman, MT 59718 4 1 AUTO PLAZA DR Bozeman MT 59718 C BILLION AUTO PLAZA SUB, S09, T02 S, R05 E, BLOCK 1, Lot 1, ACRES 4.859, PLAT J-180 PLUS COMMON AREA & OPEN SPACE STP LLC & 86.4865% INT PJB LLC Peder J Billon 13.5135% INT 270 Automotive Ave Bozeman, MT 59718 5 380 AUTOMOTIVE AVE Bozeman MT 59718 J & D FAMILY MAJOR SUB PH 1, S09, T02 S, R05 E, BLOCK 2, Lot 1, ACRES 4.87, PLAT J-502 J & D FAMILY LIMITED PARTNERSHIP 270 Automotive Ave Bozeman, MT 59718 6 Automotive Ave J & D FAMILY MAJOR SUB PH 1, S09, T02 S, R05 E, ACRES 2.96, COMMON OPEN SPACE A & B, PLAT J-502 J & D FAMILY LIMITED PARTNERSHIP 270 Automotive Ave Bozeman, MT 59718 7 100 Automotive Ave Bozeman MT 59718 J & D FAMILY MAJOR SUB PH 2, Memorandum REPORT TO: City Commission FROM: Chris Saunders, Community Development Manager Martin Matsen, Community Development Director SUBJECT: Buffalo Run Annexation and Zone Map Amendment to Annex 20.79 Acres and Establish an Initial Zoning of R-5, Residential Mixed-Use High Density District at 5400 Fowler Lane, Application 20112 MEETING DATE: February 9, 2021 AGENDA ITEM TYPE: Community Development - Legislative RECOMMENDATION: Recommended Annexation Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 20112 and move to approve the Buffalo Run Annexation with recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties. Recommended Zoning Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 20112 and move to approve the Buffalo Run Zone Map Amendment, with contingencies required to complete the application processing. STRATEGIC PLAN: 4.1 Informed Conversation on Growth: Continue developing an in-depth understanding of how Bozeman is growing and changing and proactively address change in a balanced and coordinated manner. BACKGROUND: The City reviews applications for annexation and zone map amendments as they are submitted by the landowner. The landowner submitted an application to annex a single parcel and the adjacent right of way of Fowler Lane. Annexation of the road is required by state law. There is one existing home on the parcel. The property is located at 5400 Fowler Lane and is adjacent to the City boundary at Meadow Creek Park. The primary purpose of annexation review is to address the future provision of municipal infrastructure and services as land is added to the City. The City uses the annexation agreement method authorized in state law to require the development to comply with all municipal infrastructure and services requirements. Some elements are addressed immediately with the annexation agreement but most are addressed at the time of future 158 development. The City Commission adopted Resolution 5076 establishing 10 goals and 18 policies for consideration of annexation requests. The purpose of zone map amendment (ZMA) review is to evaluate the 11 criteria established in state law for modifying the City’s zoning map. The ZMA process includes two public hearings to receive public input applicable to the identified criteria. Setting a zoning district establishes the development standards applicable to a particular area. Most of the City’s development standards, such as park development standards, access to municipal utilities, and street configurations are uniform across all zoning districts. The application proposes an initial designation of R-5, Residential Mixed Use High Density District. This application does not authorize any construction. Prior to any further development of the site a subdivision or site plan review (or both) must be submitted, reviewed, and approved. Any development proposal must demonstrate compliance with City standards and adequate infrastructure (such as streets, water, parks, and sewer) to meet needs of the development. See the attached staff report for further information and analysis of the 10 annexation goals, 18 annexation policies, and 11 zone map amendment criteria. UNRESOLVED ISSUES: There are no known objections by the applicant to the staff recommended Terms of Annexation and Zone Map Amendment contingencies as of the writing of this report. The Commission will decide on whether to annex and zone. ALTERNATIVES: 1. Denial of the annexation and zone map amendment application based on the City 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. 3. Utilize 38.260.120.D to propose and consider an alternate zoning action. FISCAL EFFECTS: No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Annexation or Zone Map Amendment. Future development will incur costs and generate review according to standard City practices. Attachments: 20112 Buffalo Run Annx-ZMA CC Staff Report 1-29-2021.pdf CC Packet Application Materials Combined.pdf Buffalo Run - RC Memo (20-112) 01_25_2021.pdf 159 Buffalo Run - Exhibit A 01_25_2021.pdf Application #20112 Buffalo Run ANNX Engineering - Buffalo Run Streets Impacts.doc Application #20112 Buffalo Run ANNX Engineering Comments - 09182020 FINAL.pdf Report compiled on: January 28, 2021 160 Page 1 of 62 20112 Staff Report for the Buffalo Run Annexation and Zone Map Amendment Public Hearings: Zoning Commission (map amendment only) January 11, 2021 City Commission (Annexation and map amendment) February 9, 2021 Project Description: Annexation of 20.79 acres and amendment of the City Zoning Map for the establishment of a zoning designation of R-5. Project Location: 5400 Fowler Lane. Recommendation: Meets standards for approval with terms of annexation and contingencies. Recommended Annexation Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 20112 and move to approve the Buffalo Run Annexation with recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties. Recommended Zoning Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 20112 and move to approve the Buffalo Run Zone Map Amendment, with contingencies required to complete the application processing. Report: January 29, 2020 Staff Contact: Chris Saunders, Community Development Manager Agenda Item Type: Action - Legislative EXECUTIVE SUMMARY This report is based on the application materials submitted, applicable public documents, and public comment received to date. Unresolved Issues There are no known objections by the applicant to the Staff recommended Terms of Annexation and Zone Map Amendment contingencies as of the writing of this report. The Commission will decide on whether to annex and zone. 161 Staff Report for 20112 Buffalo Run Annexation & Zone Map Amendment Page 2 of 62 Project Summary The City reviews applications for annexation and zone map amendments as they are submitted by the landowner. The landowner submitted an application to annex a single parcel and adjacent right of way of Fowler Lane. Annexation of the road is required by state law. There is one existing home on the parcel. The property is located adjacent to the City boundary at Meadow Creek Park at 30th Avenue. The primary purpose of annexation review is to address the future provision of municipal infrastructure and services as land is added to the City. The City uses the annexation agreement method authorized in state law to require the development to comply with all municipal infrastructure and services requirements. Some elements are addressed immediately with the annexation agreement, but most are addressed at the time of future development. For an example, see the required contents of municipal subdivision regulations in 76-3-501, MCA. The City has adopted regulations which accomplish all the listed requirements. The purpose of zone map amendment (ZMA) review is to evaluate the 11 criteria established in state law for modifying the City’s zoning map. The ZMA process includes two public hearings to receive public input applicable to the identified criteria. Setting a zoning district establishes the development standards applicable to a particular area. Most of the City’s development standards, such as park development standards, access to municipal utilities, and street configurations are uniform across all zoning districts. The application proposes an initial designation of R-5, Residential Mixed Use High Density District. This application does not authorize any construction. Prior to any further development of the site, a subdivision or site plan application (or both) must be submitted, reviewed, and approved. Any development proposal must demonstrate compliance with City standards and adequate infrastructure (such as streets, water, parks, and sewer) to meet needs of the development. Multiple City departments review applications for annexation and zone map amendments. The purpose of this report is to present a summary of the collective analysis by Staff of the review criteria required for this application. The report documents the Staff’s conclusions related to those criteria. The criteria applicable to the application apply to complex issues. Public comments raised a number issues related to the criteria. The analysis under each criterion also responds to the public comment. Due to the complexity of the issues and scope of public comment this report is more extensive than for many applications of the same type. Staff does not advocate for or against any development application, but presents its own independent analysis and conclusions. The following adopted public planning documents support urban development for the subject area when development is proposed: • Bozeman Community Plan 2020 162 Staff Report for 20112 Buffalo Run Annexation & Zone Map Amendment Page 3 of 62 • Gallatin County growth policy • Gallatin County/Bozeman Area Plan – County neighborhood plan • Triangle Community Plan – Bozeman, Belgrade, Gallatin County joint document • Transportation Master Plan 2017 – City transportation plan • Greater Bozeman Area Transportation Master Plan 2007 – Gallatin County Transportation Plan • Water Facility Plan 2017 – City’s plan for water system operations and expansion • Wastewater Facility Plan 2015 – City’s plan for wastewater system operations and expansion Analysis of the criteria in the report looks not only at current conditions but also what is planned for the long term as shown in the reports listed above. Supplemental materials to the application were submitted on January 29, 2021 and are included in the packet and the online materials. Zoning Commission The Zoning Commission held a public hearing on January 11, 2021. After consideration of the application materials, Staff report, and public comment the following motion to recommend approval was offered and seconded. 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 20112 and move to recommend approval of the Buffalo Run Zone Map Amendment, with contingencies required to complete the application processing. The motion failed on a vote of 1-3. Primary issues of discussion by the Zoning Commission were compliance with the growth policy, transportation capacity and existing status of Fowler Lane, infrastructure availability, and applicant meeting the burden of proof for the application. The video recording and minutes of the public hearing are available at https://bozeman.granicus.com/player/clip/39?view_id=1&redirect=true. See Appendix A for additional information on noticing and public comments. Summary timeline of the public hearing: Initial public comment 22:15 Chair opens item for review at 28:40 Staff presentation begins 29:30 Applicant presentation begins 1:30:45 Public Comment begins (31 speakers) 2:00:30 163 Staff Report for 20112 Buffalo Run Annexation & Zone Map Amendment Page 4 of 62 Applicant response begins 3:43:45 Board discussion and motion begins 3:55:55 Written Public Comment Written comments are available for review at http://weblink.bozeman.net/WebLink8/0/fol/229536/Row1.aspx. As comments are received they are added to this folder and available to all interested parties. Comments received prior to noon on February 9th will be distributed to the City Commission prior to the public hearing. City Commission Alternatives 1. Denial of the annexation and zone map amendment application based on the City 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. 3. Utilize 38.260.120.D to propose and consider an alternate zoning action. TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 1 Unresolved Issues ............................................................................................................... 1 Project Summary ................................................................................................................. 2 Zoning Commission ............................................................................................................ 3 Written Public Comment .................................................................................................... 4 City Commission Alternatives ............................................................................................ 4 SECTION 1 - MAP SERIES .................................................................................................... 6 SECTION 2 - RECOMMENDED TERMS OF ANNEXATION .......................................... 13 SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT... 16 SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 17 Annexation ........................................................................................................................ 17 Zone Map Amendment ..................................................................................................... 17 164 Staff Report for 20112 Buffalo Run Annexation & Zone Map Amendment Page 5 of 62 SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS ................................ 18 SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ........... 33 Spot Zoning Criteria ......................................................................................................... 55 PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 57 APPENDIX A - NOTICING AND PUBLIC COMMENT .................................................... 58 APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 59 APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF ............................ 61 FISCAL EFFECTS ................................................................................................................. 61 ATTACHMENTS ................................................................................................................... 62 165 Staff Report for 20112 Buffalo Run Annexation & Zone Map Amendment Page 6 of 62 SECTION 1 - MAP SERIES Project Vicinity Map (2018 air photo) 166 Staff Report for 20112 Buffalo Run Annexation & Zone Map Amendment Page 7 of 62 Large Scale Project Vicinity Map – Bozeman Community Plan 2020 167 Staff Report for 20112 Buffalo Run Annexation & Zone Map Amendment Page 8 of 62 Project Small Scale Vicinity Map Showing the Future Land Use Map – Subject property is designated as Urban Neighborhood 168 Staff Report for 20112 Buffalo Run Annexation & Zone Map Amendment Page 9 of 62 Project Vicinity Map Showing Larger Vicinity Municipal Zoning 169 Staff Report for 20112 Buffalo Run Annexation & Zone Map Amendment Page 10 of 62 Project Vicinity Map Showing Near Vicinity Municipal Zoning 170 Staff Report for 20112 Buffalo Run Annexation & Zone Map Amendment Page 11 of 62 Project Vicinity Map Showing Adjacent County and Municipal Zoning. The light green shade is the AS zoning district established by Gallatin County. (source: Gallatin County Zoning mapper) 171 Staff Report for 20112 Buffalo Run Annexation & Zone Map Amendment Page 12 of 62 Annexation Vicinity Map 172 Staff Report for 20112 Buffalo Run Annexation & Zone Map Amendment Page 13 of 62 SECTION 2 - RECOMMENDED TERMS OF ANNEXATION The following terms of annexation are recommended to enable the application to comply with the City’s Annexation Policy and the requirements of state law for the provision of services. Recommended terms of annexation: 1. The documents and exhibits to formally annex the subject property must be identified as the “Buffalo Run Annexation.” 2. That the applicant must submit an Annexation map, titled “Buffalo Run Annexation”. 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 with the Annexation Agreement 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 with the signed Annexation Agreement. Said map shall contain a metes and bounds legal description of the perimeter of the subject property including adjacent right-of-ways or street easements, and total acreage of the property to be annexed; unless the property to be annexed can be entirely described by reference to existing platted properties or certificates of survey. 3. The applicant must execute all contingencies and terms of the Annexation Agreement with the City of Bozeman within 60 days of the distribution of the annexation agreement from the City to the applicant or annexation approval shall be null and void. 4. If they do not already exist the applicant must provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) for the following: a. Street improvements to S. 27th Avenue between Blackwood Road and West Graf Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. b. Street improvements to Blackwood Road between Fowler Lane and South 19th Avenue including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. c. Street improvements to West Graf Street between Fowler Lane to South 19th Avenue including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. d. Street improvements to Fowler Lane between Blackwood Road and Stucky Road including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. e. Intersection improvements at Blackwood Road and Fowler Lane including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. 173 Staff Report for 20112 Buffalo Run Annexation & Zone Map Amendment Page 14 of 62 f. Intersection improvements at Fowler Lane and West Graf Street including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. g. Intersection improvements at Blackwood Road and South 27th Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. h. Intersection improvements at Blackwood Road and South 19th Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. i. Intersection improvements to Fowler Lane and Stucky Road including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the applicant agrees to participate in an alternate financing method for the completion of improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. The waiver shall be included in the annexation agreement and signed prior to the adoption of the Resolution of Annexation. 5. The Annexation Agreement shall include the following notices: a. The Annexation Agreement must include notice that, prior to development, the applicant will be responsible for preparing a storm water master plan in conjunction with future development. b. The Annexation Agreement must include notice the City will, upon annexation, make available to the Property existing City services only to the extent currently available, or as provided in the Agreement. c. The Annexation Agreement must include notice that, prior to future final development approval, the applicant will be responsible for transfer of water rights or a payment in lieu as required by the Bozeman Municipal Code. d. The Annexation Agreement must include notice that there is no right, either granted or implied, for Landowner to further develop any of the Property until it is verified by the City that the necessary municipal services are available to the property. e. The Annexation Agreement must include notice that utility easements may be required to be provided by the landowner at the time of development to ensure necessary municipal services are available to the property. f. The Annexation Agreement must include notice that charges and assessments may be required after completion of annexation to ensure necessary municipal services are available to the property. 174 Staff Report for 20112 Buffalo Run Annexation & Zone Map Amendment Page 15 of 62 g. The Annexation Agreement must include notice that the applicant must connect to municipal services and will be responsible for installing any facilities required to provide full municipal services to the property. h. The Annexation Agreement must include notice that, prior to development, the applicant will be responsible for installing any facilities required to provide full municipal services to the properties in accordance with the City of Bozeman's infrastructure master plans and all City policies that may be in effect at the time of development. i. The Annexation Agreement must include notice that the property is located within the Meadow Creek Subdivision payback district and that in conjunction with development, the required payback will be provided. j. The Annexation Agreement must include notice that the City will assess system development/ impact fees in accordance with Montana law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code. 6. All procedural terms necessary to establish the Annexation Agreement in conformance with state law and municipal practice will be included with the final Annexation Agreement. 7. The annexation description and map must include the entire width of Fowler Lane adjacent to the property. 8. The Annexation Agreement must include notice that the existing home must be connected to municipal services not later than the time when municipal water or sewer are within 200 feet; or upon failure of the on-site septic system. The Landowner will be responsible for installing any facilities required to provide full municipal services to the property in accordance with city policy at the time of connection. 9. At the time the existing home is connected to the municipal sewer the existing on-site sewage treatment system must be properly abandoned and certification provided to the City Water and Sewer Division that the abandonment occurred. The Landowner must report the abandonment to the Gallatin City County Health Department. In addition to abandonment of the septic tank and leach field, the Landowner must demonstrate that the sanitary sewer line from the house to the septic tank has been completely disconnected from the existing septic system prior to the Landowner connecting the sanitary sewer line coming from the house to the City sanitary sewer system. 10. At the time the existing home is connected to the municipal water system any wells presently used for domestic purposes may be retained for irrigation only, with no physical connection to domestic water piping. Certification that there is no physical connection between an on-site well and the domestic water line coming from the City’s water supply to the house must be provided. 175 Staff Report for 20112 Buffalo Run Annexation & Zone Map Amendment Page 16 of 62 11. Not less than one-half of the required park impact mitigation must be provided as land dedicated adjacent to and as an expansion of the Meadow Creek Park bounded by Kurk Drive, South 30th Avenue, and Meah Lane. 12. Should any area of Meadow Creek Park be approved to be displaced to provide street connection to the property or for other action of the development, the amount of displaced area shall be replaced as additional area of park dedication in addition to that otherwise required by the development to meet the standards of Division 38.420, BMC. 13. Due to high groundwater levels in the area no crawl spaces or basements are permitted with future development. 14. Fowler Lane is classified as a Minor Arterial in the Bozeman Transportation Master Plan (TMP), which has a minimum right-of-way (ROW) width of (100) feet. The applicant must provide their respective Fowler Lane ROW (50) feet from the centerline as a public street and utility easement where Fowler is adjacent to the property prior to the adoption of the Resolution of Annexation. 15. Kurk Drive is classified as a Local Street and is adjacent to the subject property. The applicant must provide their respective Kurk Drive ROW that matches the existing cross section easement width adjacent to Meadow Creek Park as a public street and utility easement from the eastern property boundary to Fowler Lane ROW prior to the adoption of Resolution of Annexation. SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT Please note that these contingencies are necessary for the City to complete the process of the proposed amendment. These contingencies only apply in the event that the related annexation request has previously been approved. Recommended Contingencies of Approval: 1. That all documents and exhibits necessary to establish an initial municipal zoning designation shall be identified as the “Buffalo Run Zone Map Amendment.” All required documents must be returned to the City within 60 days of the City Commission action to annex the property or the preliminary approval shall be null and void. 2. That the Ordinance for the Zone Map Amendment shall not be finalized until the Annexation Agreement is signed by the applicant and formally approved by the City Commission. If the annexation agreement is not approved, the Zone Map Amendment application shall be null and void. 3. That the applicant must submit a Zone Amendment map, titled “Buffalo Run 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 for filing with the Annexation Agreement at the County Clerk & Recorder; 3) an editable digital copy for 176 Staff Report for 20112 Buffalo Run Annexation & Zone Map Amendment Page 17 of 62 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. The map shall contain a metes and bounds legal description of the perimeter of the subject property including adjacent right-of-ways or street easements, and total acreage of the property to be rezoned; unless the property to be rezoned can be entirely described by reference to existing platted properties or certificates of survey. 4. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant provides an editable metes and bounds legal description prepared by a licensed Montana surveyor. SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS Annexation The Development Review Committee (DRC) considered the amendment. The DRC did not identify any infrastructure or regulatory constraints not addressed by Terms of Annexation and municipal code standards that would impede the approval of the application. Recommended terms of annexation are presented in Section 2 of this report. The City Commission will hold a public meeting on the annexation on February 9, 2021. The meeting will begin at 6 p.m. The meeting will conducted through WebEx. Instructions on joining the meeting will be included on the meeting agenda. Zone Map Amendment Having considered the criteria established for a zone map amendment, the Staff finds the application meets criteria for approval as submitted. The Buffalo Run Zone Map Amendment (ZMA) is in conjunction with an annexation request. Staff’s recommendation and staff responses are based on approval of the annexation, application 20112. 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 January 11, 2021. After consideration of the application, staff report, and public comment a motion was made to recommend approval of the requested Zone Map Amendment. After discussion, the motion failed on a vote of 1-3. The City Commission will hold a public hearing on the zone map amendment on February 9, 2021. The meeting will begin at 6 p.m. The meeting will conducted through WebEx. Instructions on joining the meeting will be included on the meeting agenda. 177 Staff Report for 20112 Buffalo Run Annexation & Zone Map Amendment Page 18 of 62 SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS In considering applications for approval of the requested annexation, the advisory boards and City Commission shall consider the following goals and policies. When determining whether the goals and policies have been met, Staff considers the annexation application, recommended Terms of Annexation, and the standards which will be applicable to future development. References in the text of this report to Articles, Divisions, or in the form XX.XXX.XXX are to the Bozeman Municipal Code. The City Commission adopted Resolution 5076 to identify how the City addresses the requirements of state law for annexation and to further identify local priorities that should be addressed in conjunction with annexation. Decision of the City Commission for this application is that the annexation is or is not consistent overall with and advances the City’s goals and policies. Commission Resolution No. 5076 Criteria Commission Resolution No. 5076 Goals Goal 1: The City of Bozeman encourages annexations of land contiguous to the City. Yes. The property in question is contiguous to the City limits for 665 feet on the east boundary of the property. The property is not contiguous on the north, west, and south. Goal 2: The City encourages all areas that are totally surrounded by the City to annex. Not Applicable. The subject property is not wholly surrounded. Goal 3: The City encourages all properties currently contracting with the City for City services such as water, sanitary sewer, and/or fire protection to annex. Not Applicable. The subject property is not currently contracting for services. Goal 4: The City of Bozeman requires annexation of all land proposed for development lying within the existing and planned service area of the municipal water and sewer systems as depicted in their respective facility plans, any land proposed for development that proposes to utilize municipal water or sewer systems. Yes. The subject property lies within the planned service area of the municipal water, sewer, and park services. Service boundary for all three services is shown by the solid outer colored line. Overlapping facility plan boundaries give the boundary line an apparent blue color. 178 Staff Report for 20112 Buffalo Run Annexation & Zone Map Amendment Page 19 of 62 Map Of Utility Planning Boundaries In Relation To Subject Property The property (shown below as a red rectangle) is within the service area of the Meadow Creek sewer outfall and the associated payback district. The image below is from the City’s online infrastructure viewer and depicts the southern section of the Meadow Creek sewer payback area. This payback area was created to reimburse the initial developer of the Meadow Creek subdivision for extraordinary costs to extend the sewer infrastructure to serve the area outlined in blue. Term of Annexation 5.i addresses the timing and obligation of payback. 179 Staff Report for 20112 Buffalo Run Annexation & Zone Map Amendment Page 20 of 62 Goal 5: The City encourages annexations within the urban area identified on the future land use map in the current Bozeman Growth Policy. Yes. As shown in the maps in Section 1, the subject property is planned as Urban Neighborhood; and is within the urban area of the growth policy. See the discussion under Criterion A of Section 6 of this report for more information on the growth policy. Goal 6: The City of Bozeman encourages annexations to make the City boundaries more regular rather than creating irregular extensions which leave unannexed gaps between annexed areas or islands of annexed or unannexed land. Neutral. The subject property is a modest peninsula from the existing City limits. The configuration of the existing City limits in the area are shown in Section 1 maps. The annexation does not create a new island of annexed land or unannexed land. There is an 180 Staff Report for 20112 Buffalo Run Annexation & Zone Map Amendment Page 21 of 62 existing indent in the City boundary to the north of this property which makes the degree of extension from the existing City limits appear larger. Goal 7: The City of Bozeman encourages annexations which will enhance the existing traffic circulation system or provide for circulation systems that do not exist at the present time. Yes. Extensions or expansion of Fowler Lane, Graf Street, Blackwood Road, and Stucky Road are all included in the adopted transportation plans applicable to this area. These are the arterial and collector roads which do or will serve the area. Annexation itself does not require immediate construction of road improvements. Provision of right of way is required as part of the annexation process. Acquisition of right of way is an essential step in enhancing the transportation system. The subject property will provide additional right of way for Fowler Lane, see Term of Annexation 14. A future connection of Kurk Drive to Fowler Lane will facilitate east-west circulation, see Term of Annexation 15. The construction of the east-west connection or improvement to Fowler Lane is not required to occur until development of the property. Any future changes to Fowler Lane will require coordination with the County Road Office. The County retains jurisdiction over the unannexed sections of Fowler Lane. The City Engineer has been in contact with the County Road Office regarding this application. The City’s Engineering Division has reviewed the application, including a preliminary Traffic Impact Study (TIS) provided by the applicant. The applicant provided the TIS at request of the City to enable the City to better understand the possible ramifications of the annexation and the requested zoning district. The TIS evaluated development at full conceptual buildout with the requested zoning. The TIS did not look at all possible configurations of streets in the future, only the existing street network. There are travel circulation challenges which any future development application on the site must address to provide adequate emergency service access and daily travel. There are a several alternatives to address the circulation needs consistent with the City’s standards for street operations. It is premature at this time to predict which combination of options will be used to address circulation needs. Construction of additional transportation capacity is required with development. See discussion further in this report. Prior to any approval of subsequent development the applicant must demonstrate how adequate access and capacity is provided, see Term of Annexation 5. See also discussion under Section 5, Policy 7, and Section 6, Criterion F. Goal 8: The City prefers annexation of parcels of land larger than five (5) acres in size, but will allow annexation of smaller parcels if factors such as topographic 181 Staff Report for 20112 Buffalo Run Annexation & Zone Map Amendment Page 22 of 62 limitations, sanitary disposal needs, fire access, maintenance of public facilities, etc., justify a smaller annexation. Yes. The subject property is approximately 20 acres with additional area for right of way. Goal 9: The City seeks to obtain water rights adequate for future development of the property with annexation. Yes. After annexation, the subject property will be bound to the provisions of 38.410.130. Section 38.410.030 requires evaluation of water adequacy and provision of water if needed at time of development. The municipal code section requires water rights or an equivalent to be provided. Exact timing and amounts will be evaluated during development review. There are several methods to address the requirements of 38.410.130. The annexation agreement will provide notice of this requirement, see Term of Annexation 5.c. The landowner will consent to this requirement by signature on the annexation agreement. Goal 10: The City of Bozeman encourages annexations for City provision of clean treated water and sanitary sewer. Yes. The subject property is located within the City’s planned water and sewer service area. See the map under Goal 4 above. The applicant proposes zoning for future development of homes. There is an existing home on the property which uses an onsite well and septic system. There is high groundwater in the area and septic systems are discouraged. Term of Annexation 13 restricts construction of basements and crawl spaces due to the high ground water concern. The annexation terms include requirements for future abandonment of the septic system and connection to the municipal sewer system. Any new construction must connect with initial construction to the municipal system. Terms of Annexation 8-10 address the termination of the existing on-site septic system. Exact timing will depend on the sequencing of future development. The City’s water and sewer systems are adjacent to the property. See the maps below. Per Term of Annexation 5, the Annexation Agreement will require the applicant to design extensions of services to meet the City’s adopted infrastructure standards. These include provisions for minimum water pressure and volumes, adequate sewer flows by volume, gravity flow of sewers, and other standards necessary to protect public health and safety and ensure functional utilities. The City’s long range utility planning considers locations for new or expanded piping for water and sewer services. The site is located within the planned service boundaries. The adopted water and sewer plans call for service to this area. As noted above, the site is within the Meadow Creek Sewer payback area. See the following maps for location of existing water and sewer lines near the subject property. 182 Staff Report for 20112 Buffalo Run Annexation & Zone Map Amendment Page 23 of 62 Existing Sewer Service Pipe Map 183 Staff Report for 20112 Buffalo Run Annexation & Zone Map Amendment Page 24 of 62 Existing Water Service Map Resolution No. 5076 Policies Policy 1: Annexations must include dedication of all easements for rights-of-way for collector and arterial streets, adjacent local streets, public water, sanitary sewer, or storm or sewer mains, and Class I public trails not within the right of way for arterial or collector streets. Annexations must also include waivers of right to protest the creation of special or improvement districts necessary to provide the essential services for future development of the City. Yes. The recommended Terms of Annexation include requirements for provision of right of way for Fowler Lane, an arterial street, and Kurk Drive, an adjacent local street. See Terms of Annexation 14 and 15. Dedicated Streets or public street and utility easements provide locations for municipal water and sewer mains. Waivers of right to protest special improvement districts are included in Term of Annexation 4 for streets likely affected by the future development of the property. Special improvement districts are a means of funding larger infrastructure improvements over time and coordinating between multiple parties. 184 Staff Report for 20112 Buffalo Run Annexation & Zone Map Amendment Page 25 of 62 Additional easements and rights of way will be provided within the property with future development of the property as required by municipal standards in Article 38.4, Community Design, and elsewhere. Exact locations will be determined by further technical analysis and site design. Standards for minimum sizes, standard placement, minimum flow capacity and pressures, and continuation to adjacent properties are part of the adopted rules. Public Comment was received regarding low water pressure in the area. The City’s water facility plan establishes pressure zones to manage both high and low water pressures. Any future development must demonstrate the ability to provide adequate water flow and pressure. Design plans must address impacts to the water system overall. The City’s water facility plan calls for construction of a second western water transmission main from the City’s Sourdough water treatment plant. Although the Applicant has submitted a site layout as an illustration of one possible future use of the site, the annexation and zoning do not bind the applicant to that design. Alternate designs may be developed and proposed. The City’s standards for streets and utilities apply for all forms and methods of development and will ensure adequate public utility functions. There are no class I public trails crossing the property. Policy 2: Issues pertaining to master planning and zoning must be addressed prior to or in conjunction with the application for annexation. Yes. The subject property is planned for Urban Neighborhood. No change to the growth policy is required. The application includes a request for initial zoning of R-5. See Section 6 - Zone Map portion of this report for analysis of the zone map amendment criteria. Policy 3: The application for annexation must be in conformance with the current Bozeman Growth Policy. If a Growth Policy Amendment is necessary to accommodate anticipated uses, the amendment process must be initiated by the property owner and completed prior to any action for approval of the application for annexation. Yes. The property is designated “Urban Neighborhood” on the future land use map. No growth policy amendment is required. See discussion in Section 6 under zone map amendment Section 6, Criterion A. Policy 4: Initial zoning classification of the property to be annexed will be determined by the City Commission, in compliance with the Bozeman Growth Policy and upon a recommendation of the City Zoning Commission, simultaneously with review of the annexation petition. Yes. The property proposed for annexation requests a zoning designation of R-5. See the zone map amendment section of this report for review of the zoning criteria. The Zoning Commission held a public hearing on January 11, 2021. A motion recommending approval of the requested R-5 zoning did not pass. See the discussion under Section 6 and the Executive Summary. 185 Staff Report for 20112 Buffalo Run Annexation & Zone Map Amendment Page 26 of 62 Note: The annexation and the placement of a zoning district designation on the property by the City does not guarantee immediately available services or approval of a specific development. Section 38.300.020.C of the Unified Development Code states: “Placement of any given zoning district on an area depicted on the zoning map indicates a judgment on the part of the city that the range of uses allowed within that district are generally acceptable in that location. It is not a guarantee of approval for any given use prior to the completion of the appropriate review procedure and compliance with all of the applicable requirements and development standards of this chapter and other applicable policies, laws and ordinances. It is also not a guarantee of immediate infrastructure availability or a commitment on the part of the city to bear the cost of extending services.” Policy 5: The applicant must indicate their preferred zoning classification as part of the annexation petition. Yes. The applicant has requested R-5, the Residential Mixed Use High Density District. See Section 6 of this report for analysis of the requested zoning. Policy 6: Fees for annexation processing will be established by the City Commission. Yes. Applicant has paid required application fees. Policy 7: It is the policy of the City that annexations will not be approved where unpaved county roads will be the most commonly used route to gain access to the property unless the landowner proposes a method to provide for construction of the road to the City’s street standards. Yes. At this time, primary access is provided to the site and the single existing home from Fowler Lane, an unpaved county road. Kurk Drive, a paved City street, connects to the property on the east side but does not extend onto the property. Future development will require extension of streets and utilities and will provide for paved access to the site. The applicant, at the City’s request, provided a Traffic Impact Study (TIS) as part of the application materials. The TIS examined the probable traffic generation and travel effects of development of the site. The applicant analyzed development of the site as apartments, the upper end of the development intensity likely with the requested R-5 zoning. Public comment was received regarding transportation impacts of future development. The public comment addressed several different elements relating to transportation. The primary comment was regarding traffic increases on Kurk Drive and associated impacts to the area. The City Engineering division reviewed the TIS and found that the existing street network is not adequate to carry the additional demand from the development at full buildout. This is not unexpected. Development often needs to add transportation connections and street capacity to offset additional demand created by the development. The TIS found and Engineering concurred that with the majority of destinations located to the Northeast the 186 Staff Report for 20112 Buffalo Run Annexation & Zone Map Amendment Page 27 of 62 probable primary flow of traffic would be to the east connecting to S. 19th Avenue. This was also influenced by the status of Fowler Lane as an unpaved road. Therefore, Fowler Lane would not be the most commonly used route to access the property after development. The City Engineering division also found that, with the existing streets, the analyzed level of development intensity in the TIS would result in a greater than acceptable number of motor vehicle trips on Kurk Drive. Further review found that there are multiple routes where road capacity could be expanded or created which could spread the traffic and reduce travel on Kurk to an acceptable standard. The analysis document is attached to this report. The Engineering division also provided a number of advisory comments to the applicant regarding possible road improvements which may address the additional travel demand. The advisory comments are included in the Engineering memo attached to this report. The surrounding collector and arterial network in the area is still in development. Fowler Lane, an arterial street, is currently a rural gravel road. South. 27th Avenue does not have the western half constructed although the needed right of way is in place with an easement through Document 2251837. There is an unconstructed portion of Blackwood Road connecting to S. 19th . Intersection improvements at Blackwood and S. 19th may be needed. Development to the east of 19th may trigger intersection improvements at Blackwood and S. 19th whether or not this application proceeds. Correction of some or all of these known deficiencies would create additional street capacity and support future development of the site. There is the potential to connect S. 31st Avenue to the east side of the property. See Policy 9 for further discussion on this possible connection. At this time, it is unknown which combination of improvements will be proposed with future development. Some alternatives are dependent on decisions by third parties who are not part of the present application. The Applicant will need to assemble a workable set of improvements to offset increased demands before approval of any construction. A memo from Engineering describing alternatives and possible infrastructure expansion options is attached to this report. After annexation, any future development on the site is subject to the City’s adopted transportation standards in Article 38.4, the Transportation Master Plan, and the Design Standards and Specification Policy. The focus of all three documents is public safety and the provision of effective and efficient travel by multiple methods. With future development of the site, improvements of Fowler Lane will be required. Coordination with the County Road Office will be required prior to any approval of design and improvements as portions of Fowler Lane remain under the County’s jurisdiction. See also discussion under Section 5, Goal 7, and Section 6, Criterion F. 187 Staff Report for 20112 Buffalo Run Annexation & Zone Map Amendment Page 28 of 62 Policy 8: Prior to annexation of property, the City will require the property owner to acquire adequate and usable water rights, or an appropriate fee in lieu thereof, in accordance with Section 38.410.130 of the municipal code, as amended. Yes. Section 38.410.130 provides for deferral of transfer of water rights or payment in lieu until time of development through the annexation agreement. At this time, the details of future development needed to calculate the final demand for water are not available. Therefore, Term of Annexation 5.c to be included in the annexation agreement requires the land owner to consent to a future payment or other approved option when the necessary information is provided and development proposed. This typically occurs at the time of subdivision or site plan review depending on the nature of future development. Policy 9: Infrastructure and emergency services for an area proposed for annexation will be reviewed for the health, safety and welfare of the public and conformance with the City’s adopted facility plans. If the City determines adequate services cannot be provided to ensure public health, safety and welfare, the City may require the property owner to provide a written plan for accommodation of these services, or the City may reject the petition for annexation. Additionally, the parcel to be annexed may only be provided sanitary sewer service via the applicable drainage basin defined in the City Wastewater Collection Facilities Plan. The area proposed for annexation is adjacent to the City. City emergency services can be extended to the annexation area. As shown above, the site is located within the City’s planned water and sewer service area. Future development will require extension of municipal water to support fire suppression and potable water. The applicant has provided analysis to demonstrate that adequate water pressure and sewer flow can be provided under expected development alternatives. The annexation agreement will include requirements for additional analysis and design reports at the time of development review when greater information is available on the nature of proposed development. The applicant provided analysis of the sewer capacity and ability to drain the sewer by gravity. That initial analysis indicates capacity is available. The site is located in the Cattail Creek Sanitary Sewer Drainage Basin. The site is at the edge of a sub-basin which is adjacent to the Baxter Creek Sanitary Sewer Drainage Basin. At time of development when more detailed information on grade and pipe slope is available the Applicant must demonstrate that the site can drain by gravity. This may require access to the planned 12 inch sewer main in Fowler Lane. The applicant has been advised that if the development is completed in a single phase and the entire development cannot gravity flow into the existing 8-inch sewer main located in Kurk Drive then all wastewater generated by the development must flow into a new Fowler Lane sanitary sewer main. The Fowler Lane sanitary sewer main would extend from the subject property and connect with the existing main located at the intersection of Stucky Road & Fowler Lane. 188 Staff Report for 20112 Buffalo Run Annexation & Zone Map Amendment Page 29 of 62 The identified wastewater capital improvements must be designed in coordination with any Fowler Lane improvements adjacent to the subject property. Sewer and other infrastructure improvements will be reviewed with future development applications. Terms of Annexation 5.d, 5.g, and 5.h address compliance with this Policy 9. Parks are part of the municipal infrastructure. Requirements for park dedication and development are in Division 38.420. Parks may be provided with subdivisions or site development. Completion of park improvements are subject to the same standards as other infrastructure as set out in Division 38.270. Public comment was received on the adequacy of park dedication requirements. The City Commission may revise park dedication requirements through an appropriate text amendment process. However, the standards as adopted apply to an application until the text amendment process is completed. The City Commission has found the existing park development requirements sufficient. The placement of Meadow Creek (formerly Ainsworth) park is adjacent to the western most property line of the Meadow Creek subdivision. It is adjacent to the property being evaluated for annexation. This placement facilitates expansion of the park to create a larger and more functional park to meet the needs of current and future residents. This is consistent with PROST plan Goal 6, Objective 2 and Recommendation 10.1.2. “10.1.2 Recommendation Consolidate and aggregate parkland to develop larger and more functional parks wherever possible. Implementation Strategies · Encourage off-site parkland dedication to aggregate and consolidate parkland dedications, especially in currently underserved areas. · Encourage adjacent property owners to work together on development plans to aggregate and centralize their parkland dedications.” It is also consistent with Policy 4.3.1 of the Triangle Community Plan, “POLICY 4.3.1 Support opportunities to establish larger swaths of open space and parks instead of primarily relying on small parks from individual review of subdivisions.” Terms of Annexation 11 and 12 address parks. Development, whether by subdivision or site plan, is required to offset impacts on recreational facilities. Division 38.420 sets the minimum and maximum requirements and development standards. Term of Annexation 11 requires that some of the mitigation for park impacts be met by adding land to Meadow Creek Park. Adding land required with future development of the subject property will create a larger park more suited to provide a variety of recreation functions. Placement of parks has a substantial influence on design of development. Park development standards require streets adjacent to parks. To coordinate among these and other issues, Term of Annexation 11 requires a minimum component of land dedication to expand Meadow Creek Park rather than cash in lieu or other alternative to satisfy park requirements. There are no other near 189 Staff Report for 20112 Buffalo Run Annexation & Zone Map Amendment Page 30 of 62 proximity larger parks where it may be more appropriate to make improvements rather than land dedication. The illustrative development layout included in the application materials indicates a possible impact to the existing park from a potential street connection. Public comment was received regarding this possible impact. Term of Annexation 12 requires the City to be made whole for any potential loss of land from street development. Any revision to the existing park would be evaluated. If mitigation is needed to address negative impacts any solutions must be identified and required before approval of construction. The parks in the Meadow Creek subdivision were dedicated to the City at the time of final plat recording. Once land is dedicated to the City as a park the City is the owner of the land. The City manages and administers the land to best meet the needs of the community overall. Public comments were made at the Zoning Commission meeting and submitted in writing regarding the potential impact to Meadow Creek Park from road connections. The plat for Meadow Creek Subdivision Phase 1, including the park, shows an easement on the west side of the park. There is a question of whether that easement was ever actually created or not and if so, for what purposes. Whether the easement exists or not is not a restriction on City consideration of this application. The City can allow use of parks for road purposes. Examples are the rights of way located within Lindley Park for Buttonwood Ave., in Bozeman Ponds Park for a future extension of Ravalli/Pond Row, and most recently the right of way for Flanders Mill, Oak Street, Cottonwood Road, and Baxter Lane at the Sports Park. As discussed above, it is premature to know whether the illustrated connection to 31st Avenue would occur with development. The illustration showing a park impact provided in the application materials is only a conceptual illustration, not binding on either the City or Applicant in the future. However, it is possible, and therefore Term of Annexation 12 addresses mitigation of possible impacts from that connection should it ever occur. Term of Annexation 12 does not authorize impact to the park but requires mitigation of such impact as may occur. See also discussion on Section 5, Policy 7 and Section 6, Criterion D. Any future development, expansion, or material changes to Meadow Creek Park are required to go through the park master planning process. The park master planning process considers the overall function, configuration, and benefits to and of a proposed park. The Recreation and Park Advisory Board reviews and comments on proposed park master plans and the City Commission is the final decision maker. Public input is supported through the park master plan process. No development affecting the park will be approved until this process is completed. Policy 10: The City may require annexation of any contiguous property for which city services are requested or for which city services are currently being provided. In addition, any person, firm, or corporation receiving water or sewer service outside of the City limits is required as a condition of initiating or continuing such service, to consent to annexation of the property serviced by the City. The City Manager may 190 Staff Report for 20112 Buffalo Run Annexation & Zone Map Amendment Page 31 of 62 enter into an agreement with a property owner for connection to the City’s sanitary sewer or water system in an emergency conditioned upon the submittal by the property owner of a petition for annexation and filing of a notice of consent to annexation with the Gallatin County Clerk and Recorder’s Office. The contract for connection to city sewer and/or water must require the property owner to annex or consent to disconnection of the services. Connection for purposes of obtaining City sewer services in an emergency requires, when feasible as determined by the City, the connection to City water services. Yes. This policy is to address circumstances such as emergency connections to City sewer services due to a failed on-site septic system. The property is not currently provided City services. No emergency connection is requested. The property owner is seeking annexation. City services will be required to be provided concurrent with future development. Terms of Annexation 5 and 8-10 address connection to services for the existing home and future development. See also Section 5, Policy 18. Policy 11: The annexation application shall be accompanied by mapping to meet the requirements of the Director of Public Works. Where an area to be annexed can be entirely described by reference to a certificate of survey or subdivision plat on file with the Gallatin County Clerk and Recorder the mapping may be waived by the Director of Public Works. Yes. Mapping to meet the requirements of the Director of Public Works must be provided with the Annexation Agreement. Typically, this includes an 18-inch by 24-inch mylar map, a reduced 8½-inch by 11 or 14-inch annexation map exhibit, and a digital copy containing the metes and bounds legal description of said property. The annexation includes the width of Fowler Lane which is not within the metes and bounds description of a recorded tract. Therefore, an annexation map is required to include a metes and bounds description of the entire area to be annexed. Mapping requirements are addressed in Recommended Term of Annexation 2. Policy 12: The City will assess system development/ impact fees in accordance with Montana law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code. Yes. This annexation does not trigger immediate payment of fees. The annexation agreement will provide notice of obligations to pay impact fees at times and amounts as required in ordinance. See Term of Annexation 5.j. Policy 13: Public notice requirements: Notice for annexation of property must be coordinated with the required notice for the zone map amendment required with all 191 Staff Report for 20112 Buffalo Run Annexation & Zone Map Amendment Page 32 of 62 annexation. The zone map amendment notice must contain the materials required by 38.220.410, BMC. Yes. Notices of the public hearing have been mailed, published in the Bozeman Daily Chronicle, and posted on the site as required under this policy. See Appendix A for more details. Policy 14: Annexation agreements must be executed and returned to the City within 60 days of distribution of the annexation agreement by the City, unless another time is specifically identified by the City Commission. Neutral. This policy will be implemented only if the Commission acts to grant preliminary approval of the annexation. If the application is not approved then no annexation agreement will be necessary. Policy 15: When possible, the use of Part 46 annexations is preferred. Yes. State law authorizes several methods of annexation. Title 7 Chapter 2 Part 46 is one of those methods. Part 46 is annexation at the request of the landowner. This annexation is being processed under Part 46 provisions. As noted in Section 7-2-4609, Applicability of Part, when an annexation is processed under Part 46 only the provisions of Part 46 apply to the review. Policy 16: Where a road improvement district has been created, the annexation does not repeal the creation of the district. The City will not assume operations of the district until the entirety of the district has been annexed. Any funds held in trust for the district will be used to benefit the district after transfer to the City. Inclusion within a district does not lessen the obligation to participate in general city programs that address the same subject. Not Applicable. No road improvement district is associated with this application. Policy 17: The City will notify the Gallatin County Planning Department and Fire District providing service to the area of applications for annexation. Yes. The listed agencies were notified and provided copies of the annexation application materials on December 17, 2020. Policy 18: The City will require connection to and use of all City services upon development of annexed properties. The City may establish a fixed time frame for connection to municipal utilities. Upon development, unless otherwise approved by the City, septic systems must be properly abandoned and the development connected to the City sanitary sewer system. Upon development, unless otherwise approved by the City, water wells on the subject property may be used for irrigation, but any potable uses must be supplied from the City water distribution system and any wells disconnected 192 Staff Report for 20112 Buffalo Run Annexation & Zone Map Amendment Page 33 of 62 from structures. The property owner must contact the City Water and Sewer Superintendent to verify disconnects of wells and septic systems. Yes. There is one home on the property which has an on-site well and septic system. At this time, the distance to municipal services is too far for immediate connection to municipal services. Future development of the property will require extensions of water and sewer mains. Terms of annexation require connection to municipal water and sewer at the time they are close enough. In conjunction with future connection the septic system must be properly abandoned and the well disconnected from the domestic supply. Terms of Annexation 8-10 address these issues. SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications for approval, the advisory boards and City Commission must consider the following criteria (letters A-K). As an amendment is a legislative action, the Commission has discretion to determine a policy direction. The burden of proof that the application should be approved lies with the Applicant. See the application materials for the Applicant’s response to the criteria. 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 mitigate possible negative impacts are incorporated in many locations in the municipal code but are principally in Chapter 38, Unified Development Code. References in the text of this report to Articles, Divisions, or in the form XX.XXX.XXX are to the Bozeman Municipal Code. Section 76-2-304, MCA (Zoning) Criteria A. Be in accordance with a growth policy. Yes. The application was initially submitted on April 9, 2020. Additional information was requested from the Applicant relating to infrastructure capacity. Information was submitted on August 5th and November 11th , 2020. The application materials addressed the growth policy then in place. On November 17, 2020, the City Commission adopted a new growth policy, the Bozeman Community Plan 2020, (BCP 2020). The new growth policy was 193 Staff Report for 20112 Buffalo Run Annexation & Zone Map Amendment Page 34 of 62 adopted before any public notices were issued and public review of the application began. The current growth policy is the applicable basis for review. Therefore, the Staff’s review examines the growth policy now in place and all references are to that document. The BCP 2020, Chapter 5, p. 73, in the section titled Review Criteria For Zoning Amendments And Their Application, discusses how the various criteria in 76-2-304 MCA are applied locally. Application of the criteria varies depending on whether an amendment is for the zoning map or for the text of Chapter 38, BMC. The first criterion for a zoning amendment is to be accordance with a growth policy. Future Land Use Map The proposed amendment is a change to the zoning map. Therefore, it is necessary to analyze compliance with the future land use map. Chapter 3 of the BCP 2020 addresses the future land use map. The introduction to that chapter discusses the importance of the chapter. Following are some excerpts. “Future land use is the community’s fundamental building block. It is an illustration of the City’s desired outcome to accommodate the complex and diverse needs of its residents.” “The land use map sets generalized expectations for what goes where in the community. Each category has its own descriptions. Understanding the future land use map is not possible without understanding the category descriptions.” The area of this application has been included as an urban expansion area in the City’s adopted land use plans since 2001. As shown on the maps in Section 1, on the excerpt of the current future land use map, the property is designated as Urban Neighborhood. The adjacent unannexed property is also designated as Urban Neighborhood. The Urban Neighborhood designation description reads: “This category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single type of housing are 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.” 194 Staff Report for 20112 Buffalo Run Annexation & Zone Map Amendment Page 35 of 62 The correlation between the future land use map of the growth policy and the zoning districts is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the following excerpt from Table 4, the R-5 district is an implementing district of the Urban Neighborhood category. The full table is provided in Appendix B The future land use map excerpt included in Section 1 shows locations for commercial and service development to the northeast at Stucky and S. 19th Avenue, and southeast at Blackwood Road and S. 19th Avenue. The area along Stucky is more developed at this time but is not annexed. Residential Mixed Use designations are located across S. 19th Avenue adjacent to the same streets. The mixed use areas are presently in development review. The zoning map amendment is in accordance with the future land use map. Goals and Policies A zoning amendment is also evaluated against the goals and policies of the BCP 2020. Most of the goals and policies are not applicable to this application. Relevant goals and objectives have been identified by staff. Conflict with the text of the growth policy hasn’t been identified. Page 19 of the BCP 2020 identifies many additional planning documents established by the City. It states “This Community Plan is also influenced by, and will influence, a number of other local plans, guidelines, policies, and manuals.” References to a number of the identified plans are made throughout this report. The Short Term Action list on page 63 of the BCP 2020 describes 14 items to implement the growth policy. The first two relate to direct changes to the zoning map in support of listed goals and objectives. These include increasing the intensity of zoning districts in already developed areas. Beginning on page 71 of the BCP 2020 in the section titled Zoning Amendment Review, the document discusses how the City implements zoning for new areas, amendments to areas, and revisions to existing text. This section includes a discussion of when the City may initiate a zoning change to a more intensive district to increase development opportunities. This portion of the BCP 2020 demonstrates that the City, as a matter of policy, is supportive of more intensive zoning districts and development, even within already developed areas. The intent described above is strengthened by Objective N-1.11 “Enable a gradual and predictable increase in density in developed areas over time.” 195 Staff Report for 20112 Buffalo Run Annexation & Zone Map Amendment Page 36 of 62 It is inconsistent with the approach to increase density within existing already developed area to zone at annexation for lower intensities than what infrastructure and planning documents will support. This policy approach does not specify any individual district but does lean towards the more intensive portion of the zoning district spectrum. “Goal N-3: Promote a diverse supply of quality housing units.” The R-5 district allows construction of the full range of residential buildings in the City. This supports the opportunity for diversity of supply. Quality of housing cannot be assessed at this time but will be reviewed with subsequent development review for compliance with adopted standards. The City’s Community Housing Needs Assessment documented a shortage of housing within the City and encourages additional housing construction. “Goal DCD-1: Support urban development within the City.” The proposed zoning is occurring in conjunction with an annexation. Any future development will be required to occur at urban densities and will be within the City. If the City Commission declines the annexation then the requested R-5 zoning will not occur. “DCD-2.2 Support higher density development along main corridors and at high visibility street corners to accommodate population growth and support businesses.” Fowler Avenue is a planned arterial street as shown in the last three long range transportation plans including the current Transportation Master Plan adopted in 2017. Arterial streets are the most intensive category of streets. Fowler Avenue is planned to extend from Hyalite Canyon to Valley Center Road. This street will develop to be a main corridor. Therefore, placement of higher density development adjacent to Fowler Avenue is consistent with this objective. Fowler is presently developed as a rural standard road. Evaluation of the degree of required road improvements will occur with formal development review. “RC-3.2 Work with Gallatin County to keep rural areas rural and maintain a clear edge to urban development that evolves as the City expands outwards.” Gallatin County adopted the Gallatin County/Bozeman Area Plan (GCBA Plan), a neighborhood plan under their growth policy, to identify County priorities for this area of the county. Implementing zoning was updated for the new neighborhood plan and is now in place. “The purposes of the [County] Growth Policy and the 2005 Bozeman Area Plan are to provide comprehensive, long-range guidance relative to the growth and development…” The GCBA Plan recognizes the area is in transition. On page 1 of the GCBA Plan it says, “It is not the intent of this Plan to prematurely discourage existing agricultural operations; rather it is the intent to accommodate the needs of present agriculture while recognizing an inevitable transition to a more urban landscape.” 196 Staff Report for 20112 Buffalo Run Annexation & Zone Map Amendment Page 37 of 62 The GCBA Plan future land use map designates this property and the surrounding unannexed area as Moderate-intensity development. This is described as “Development of additional medium-density residential, conservation subdivisions, neighborhood commercial, office, and public uses. Development of additional appropriate high-density residential, community commercial, office park, and public uses.” The proposed R-5 zone provides for uses consistent with this description as well as the description of Urban Neighborhood. The GCBA Plan includes various goals and policies. Several are provided here as examples of the correlation between RC-3.2, the GCBA Plan, and the application under review. “GOAL 1: Encourage Residential Development. Residential development at appropriate densities is generally encouraged within the Plan area. The identification of areas suitable for near-term residential development is a location-specific goal. Medium to high-density development, or urban-scale development, is encouraged to annex to the City of Bozeman. It is recognized that the County is ill equipped to deal with urban-scale development which would be better managed through provision of municipal services.” Policy “4. Promote residential development adjacent to existing developed land and infill development, and that does not foster sprawl development or development which is located far from services. • Support development within or adjacent to existing developed areas, including infill development. • Promote development that is compact and makes efficient use of land. • Encourage development within close proximity to city limits to pursue annexation opportunities with City of Bozeman.” Gallatin County has zoned the adjacent area as AS, Agricultural Suburban, which supports continued agriculture and very low density residential development. This zoning decision keeps the rural areas as rural until such time as municipal services can be made available and annexation and development are achievable. Thus, the BCP 2020 objective is met. After the preparation of the GCBA, the City of Bozeman, City of Belgrade, and Gallatin County jointly prepared the Triangle Community Plan (TCP). The TCP is a joint statement of how the three jurisdictions share policies on land development and related issues within the TCP area. The subject property is located within the SE corner of the TCP area. This is not an adopted neighborhood plan for the City but is included in the documents listed on page 19, BCP 2020. The TCP establishes shared policies for addressing growth in the area generally bounded by Bozeman, Belgrade and Four Corners. A map is included in the TCP. 197 Staff Report for 20112 Buffalo Run Annexation & Zone Map Amendment Page 38 of 62 “Policy 4.1.2 and 4.6.2 Recognize the critical need for infrastructure and services to be in place prior to or concurrent with new development.” The City has addressed this with several elements of its regulations. See discussion under Section 6, Criteria D and F. Annexation and zoning as actions do not change demand for services. They do facilitate future development which does change demand for services. Therefore, the various items under Term of Annexation 5 require further evaluation and documentation of sufficient capacity prior to approval of any construction. “POLICY 4.7.13 The network of local streets should be continued and connected, allowing emergency services to serve developments (not gated community pattern).” The City has adopted minimum and maximum block sizing standards, does not allow streets without public access, and requires streets to be extended to property lines as part of the development process. Extension to the property line enables future connections by adjacent properties at such time as the adjacent owners choose to develop. A well interconnected street network provides diversity of routes for emergency services, spreads traffic loads to lessen impacts on individual street links, and supports walking and biking which are more affected by travel distances than are cars. GOAL: Provide for the safe, orderly, and efficient delivery of drinking water and collection/treatment of sewage in the Triangle Planning area. POLICY 4.8.1 Support orderly and well-planned water and wastewater infrastructure pursuant to coordinated and adopted facility plans. As noted in this report, the subject property is located within the City’s water and sewer service area, is adjacent to the City, and services can be extended as called for in the facility plans. “RC-3.3 Prioritize annexations that enable the incremental expansion of the City and its utilities.” The zone map amendment is proposed in association with an annexation. The area to be annexed is adjacent to the City boundary. It does create a 20 acre peninsula with county property on three sides at this time. It is expected that additional annexations in the future will make the City boundary more regular. The property is located within the service area of the municipal utilities and can be served with existing mains and incremental extensions. While the City would welcome simultaneous annexation of the properties to the north and south as well as the applicant’s property, a single parcel annexation is the application that has been submitted. “RC-3.4 Encourage annexation of land adjacent to the City prior to development and encourage annexation of wholly surrounded areas.” 198 Staff Report for 20112 Buffalo Run Annexation & Zone Map Amendment Page 39 of 62 The property is adjacent to the City and does not create any new unannexed areas surrounded by City limits. The property is seeking annexation and municipal zoning for the purpose of residential development. Annexation is happening before development. In addition to goals and objectives, the BCP 2020 includes descriptive statements regarding what the goals and objectives seek to support and create. Page 27 of the BCP 2020 includes the descriptive language for Theme 2, A City of Unique Neighborhoods. Reviewing the language, themes of housing diversity, inclusion, and equity to serve different housing needs are prevalent. Theme 2 emphasizes the importance of neighborhoods in the City’s development. It is notable that none of the goals and objectives associated with Theme 2 call for fixing the character of developed areas in their current status or prohibit the evolution of an area’s character. There is recognition of the role that a sense of place serves in Goal N-4. Neighborhoods do have physical attributes that help them be distinctive. “Goal N-4: Continue to encourage Bozeman’s sense of place. 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 proposed amendment does not alter the zoning on any adjacent property and correspondingly the character of that adjacent property. As noted in other criteria in this report, the proposed amendment is consistent with the planned development of the area as homes with an urban intensity. The application is in accordance with the growth policy. B. Secure safety from fire and other dangers. Yes. The application of the development standards of the City will provide for safe construction, fire protection, and water supply through water main extensions. Police response will be provided after annexation. The 2017 Fire Master Plan of the City evaluated the ability to serve this area as the City builds out its fire response facilities. The City’s development standards will require adequate emergency response access and building addresses for rapid response. The site is outside of any known flood hazards. C. Promote public health, public safety, and general welfare. Yes. See comments in Section 6, Criteria A, B and D. City development standards included in Chapter 38, Unified Development Code, building codes, and engineering standards all ensure that this criterion is met. Adequate water and sewer supply and conveyance provide for public health through clean water. Rapid and effective emergency response provides for public safety. The City’s standards ensure that adequate services are provided prior to construction of homes which advances this criterion. General welfare has been evaluated during the adoption of Chapter 38 and found to be advanced. Provision of parks, control of storm water, and other features of the City’s development standards advance the general 199 Staff Report for 20112 Buffalo Run Annexation & Zone Map Amendment Page 40 of 62 welfare. Compliance with the BCP 2020 advances the well-being of the community as a whole. D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. Yes. The BCP 2020, page 74, says regarding evaluation of Section 6, Criteria B, C, & D for zoning amendments: “For a map amendment, all three of the above elements are addressed primarily by the City’s long range facility Plans, the City’s capital improvements program, and development standards adopted by the City. The standards set minimum sizing and flow requirements, require dedication of parks, provision of right of way for people and vehicles, keep development out of floodplains, and other items to address public safety, etc. It is often difficult to assess these issues in detail on a specific site. For example, at the time of annexation, the final intensity of development is unknown and it may be many years before development occurs and the impacts are experienced. The availability of other planning and development review tools must be considered when deciding the degree of assurance needed to apply an initial zoning at annexation.” 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 service to new development. The City implements these plans through its capital improvements program (CIP). The CIP identifies individual projects, project construction scheduling, and financing of construction for infrastructure. Private development must demonstrate compliance with standards prior to construction. Dedication of school facilities is not required by municipal zoning standards. However, School District 7 will have opportunity to review and comment on future development. The application site is located within the City’s land use, transportation, parks, and utility planning areas. Those plans show this property as developing within the City when development is proposed. Adequacy of all these public requirements is evaluated during the subdivision and site development process. All zoning districts in Bozeman enable a wide range of uses and intensities. At the 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. As stated in 38.300.020.C, the designation of a zoning district does not guarantee approval of new development until the City verifies the availability of needed infrastructure. 38.300.020.C, “Placement of any given zoning district on an area depicted on the zoning map indicates a judgment on the part of the city that the range of uses allowed within that district are generally acceptable in that location. It is not a guarantee of approval for any 200 Staff Report for 20112 Buffalo Run Annexation & Zone Map Amendment Page 41 of 62 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.” As noted, the placement of a zoning district does not commit the City to infrastructure funding. However, the City uses its annual CIP to schedule and fund construction of public infrastructure. The CIP is updated each fall and addresses all types of local infrastructure. The City may choose to fund some or all of infrastructure construction when deemed adequately beneficial to the public. The City can also support construction of infrastructure through other tools such as special improvement districts or development reimbursement agreements (sometimes called paybacks or latecomer agreements). The future development of the area will require dedication and construction of streets, provision of parks, extension of water and sewer services, and placement of easements for telecommunication, electricity and similar dry utilities. As noted in Section 6, Criterion A, the Fowler Lane alignment has been designated in multiple City and joint City/County transportation plans as an arterial street. Although presently a gravel rural surface, Fowler Lane is a substantial north-south link in the long range transportation network with a long term width of 110 feet planned for the right of way. With or without this proposed zoning amendment the street will change to an urban paved street at some time. Development of any urban zoning or more intensive County zoning district will require changes to the street to the degree demonstrated as necessary during review of the development. As noted above, the placement of a zoning district does not grant entitlement to construct. The site is located within the Cattail Creek drainage basin and Meadow Creek sewer outfall service area. Both have capacity to service additional development. Water mains are located in Kurk Drive and S. 30th Avenue and can be extended to provide the required looped water service. Responsibility to make those connections lies with the developer. The site is adjacent to Fowler Lane, an arterial street. Kurk Drive, a paved City street with sidewalks on the south side, connects to the property at the east side. Materials provided with the application indicate adequate capacity in water, sewer, and major transportation services to support the potential intensity of the R-5 zone. Review of future development will further verify adequate capacity is present and all needed connections can be provided before any construction may begin. Division 38.420 and Section 38.520.060 require dedication of parks and on-site open spaces to meet the needs of residents. The associated annexation will partially address required compliance with City standards through the Terms of Annexation in Section 2. Dedication of right of way for arterials streets is part of the annexation process as is agreement to follow the City’s development standards. With future development proposals, the applicant must demonstrate not just possible but actual street networks and utility connections existing or to be constructed to support the 201 Staff Report for 20112 Buffalo Run Annexation & Zone Map Amendment Page 42 of 62 intensity of development proposed. See also Section 6, Criterion F regarding transportation and Section 5, annexation Policies 8, 9, and 12. The criterion is met. E. Reasonable provision of adequate light and air. Yes. This criterion is not about individual preferences for a given degree of visual openness but about preservation of public health. The R-5 district includes setbacks from property lines adequate to meet this standard. The form and intensity standards, Division 38.320, require minimum separation from property lines and limits building heights. Section 38.520.030 requires building placement to ensure access to light and air. Division 38.420 and Section 38.520.060 require dedication of parks and on-site open spaces to meet needs of residents. The standards provide a reasonable provision of adequate light and air. In addition to the zoning standards, adopted building codes contain more detailed requirements for air circulation, window placement, and building separation that further ensure the intent of this criterion is satisfied. F. The effect on motorized and non-motorized transportation systems. Yes. All development permitted under R-5 zoning (or any other municipal zoning district) will result in increased trips along streets, sidewalks, and trails compared to the existing condition of one home on the 20 acre project site. The recommended terms of annexation and City’s development approval processes are expected to sufficiently address impacted transportation systems as a result of the map amendment. Mitigation actions include requirements for easements, the waiver of the right to protest special improvement districts related to transportation, and construction of future roads. See also discussion under Section 5, annexation Goal 7, Policy 7, Policy 9, and Section 6, Criterion D. Public comment was received regarding transportation impacts of future development. The City conducts routine transportation monitoring, modeling, and planning to understand existing conditions and future needs of the transportation system. The 2017 Transportation Master Plan is the most recent transportation plan. Figure 2.5, Existing Major Street Network, shows Fowler Avenue as an arterial street, Blackwood Road, S. 27th Avenue, and Graf Street as collectors. The Greater Bozeman Area Transportation Plan 2007 Update, Gallatin County’s adopted transportation plan for this same area, shows the same street classifications on Figure 2.2. These four streets will be the primary collector and arterial accesses to the site over time. Local streets will link the larger arterial and collectors. Both documents show extensions of Graf Street to Fowler as future expansions of the road network. Further capacity expansion to the transportation network is planned, such as upgrading the condition of Fowler Avenue, improving and connecting Blackwood to S. 19th , and signalization of the intersection of Blackwood and 19th . These expected actions to implement 202 Staff Report for 20112 Buffalo Run Annexation & Zone Map Amendment Page 43 of 62 the Transportation Master Plan will mitigate impact on the larger transportation network as the overall area develops. Not all of these expansions will be the responsibility of individual projects. Fowler Lane is currently a rural standard unpaved road. Development of the site will require development of additional street capacity. Exact routing of travel and character of the improvements is not known at this time. They will be identified during development review when a specific construction proposal is made and impacts can be more accurately identified. Anticipated street capacity for various classes of streets is shown in Table 2.7 of the Transportation Master Plan and discussed in Section 2.4.1 of the same document. See also the Engineering memo attached to this report. Future development of this property provides opportunity to expand the pedestrian network through installation of sidewalks such as a new East-West link connecting Fowler Lane to the sidewalk network along an extension of Kurk Drive. As there are no existing pedestrian or bicycle facilities along this section of Fowler Lane, the future extension of Kurk Drive will substantially shorten of the travel distance from the west to reach trails, sidewalks, and parks. Bike and pedestrian travel is much more sensitive to distance than motor vehicle travel. Sidewalk installation is a minimum development standard under Chapter 38. This expands and improves the non-motorized transportation system. These links will be required with any future development under any municipal zoning district. Figure 2.10 of the Transportation Master Plan visually illustrates the Census and American Community Survey data that those living in the census tract including this property commute to work 35% of the time by foot, bike, or transit. This is the 2nd highest rate in the City area. Given the location of the project site Staff expects that the non-motorized work trip will be less than the 35%. However, the extension of Kurk Drive provides a continuous street connection from the far west of the subject property to the collector and arterial network that would support walking and biking to major destinations like MSU. Non-work travel data is not available from the Census. There are intermittent gaps in pedestrian and bicycle network. It is expected that those will fill in over time, either with development of adjacent properties or overall City improvements. The City has set minimum standards applicable to development to limit block length, ensure trail and sidewalk connections, and provide streets adequate to carry traffic projected from development. These standards are not applied at the time of the ZMA but are implemented during the subdivision and site plan processes required before any construction may begin. See also Section 6, Criterion D. On page 74-75 of the BCP 2020 in the discussion of application of the zoning criteria it says: “Development creates or funds many of the City’s local streets, intersection upgrades, and trails. Therefore, although a text or map amendment may allow more intense 203 Staff Report for 20112 Buffalo Run Annexation & Zone Map Amendment Page 44 of 62 development than before, compliance with the adopted Plans and standards will provide adequate capacity to offset that increase.” The zoning designation itself does not change traffic flow or transportation demand. The compliance of future development with adopted standards will offset impacts from that development. Public comment was received regarding transit availability in the area. Streamline is the transit provider in the Bozeman area. The existing transit routes do not run south of Kagy Boulevard. In January 2021, Streamline released the final draft of Redesign Streamline 2020 (Redesign). This transit development plan examined current conditions, what improvements transit users or potential users desired, and identified changes to improve service. The Redesign document suggests additional route development to improve service. No specific timeframe is suggested for when the additional routes would begin. The additional routes do not extend south of Kagy Boulevard. The intent statement, 38.300.010.F, for the R-5 district says in part: “The intent of the R-5 residential mixed-use high density district is to provide for high-density residential development through a variety of compatible housing types and residentially supportive commercial uses in a geographically compact, walkable area to serve the varying needs of the community's residents.” The paragraph then notes methods by which to achieve that intent. The paragraph notes that use of the R-5 district is appropriate for placement adjacent to mixed use districts and/or served by transit. Public comment has primarily focused on this last statement. Intent statements are abstracts of a zoning district, not a complete description. They provide a quick summary of individual districts. A notation that a district is appropriate under certain circumstances is not a restriction on its placement elsewhere. The label of “appropriate” is support for consideration of the R-5 district when a given location has the specific characteristics. In reviewing and understanding the meaning of the intent statement it is also appropriate to consider this excerpt from the Urban Neighborhood future land use category description. “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.” Emphasis added. In discussing service strategies, Redesign notes: “Transit success is directly influenced by surrounding development patterns and density. For transit to be tremendously successful, there must be a strong mix of population and employment densities, as well as a street and sidewalk network that promotes walkability and access. Higher population and employment densities are supportive of transit because they provide a larger potential customer base to draw from.” p. 6 204 Staff Report for 20112 Buffalo Run Annexation & Zone Map Amendment Page 45 of 62 The growth policy includes: DCD-2.7 Encourage the location of higher density housing and public transit routes in proximity to one another. These two statements raise the question of how to address what comes first. Transit, which requires density and destinations to be cost effective and useful; or density, which transit supports. The character of development south of Kagy Boulevard has traditionally been low density residential. Some portions of the area are likely to retain that character for a long time. However, there are several recently completed higher density developments such as South Rows, some now under construction such as Nexus Point apartments, or in development review such as Blackwood Groves. As shown on the excerpt from the Community Development Viewer in Section 6, Criterion H, there is a lot of development underway in the area. The majority of the zoning in the area allows moderate to higher intensity development as discussed under Section 6, Criterion G. Not all of the area is built to the maximum allowed by the zoning which lessens the overall density. Following the analysis above, Staff finds this criterion to be met. See also discussion under annexation Policy 7 above. 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 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) Individuals may have widely varying opinions about what constitutes compatibility. To address this wide variation of viewpoint, Compatible development and Compatible land use are defined in Article 38.7 BMC to establish a common reference for consideration of this criterion and application of development standards. They are defined as: “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. 205 Staff Report for 20112 Buffalo Run Annexation & Zone Map Amendment Page 46 of 62 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.” As noted in the definition of Compatible development, there are many elements that contributed to compatibility. The final sentence of the definition deserves emphasis “Compatible development does not require uniformity or monotony of architectural or site design, density or use.” Compatible development can be different than what is already in place. The City has adopted a variety of standards to implement compatibility. The proposed R-5 district is a predominantly residential district. The allowed uses for residential districts are set in 38.310.030. A review of Table 38.310.030.A - Permitted general and group residential uses in residential zoning districts, shows only two differences between the R-3 and R-5 zoning districts. A review of Table 38.310.030.B – Permitted accessory and non-residential uses in residential zoning districts shows three differences and all of those differences are restricted in size and configuration to retain compatibility with the primarily residential uses in the zoning district. The form and intensity standards for residential districts are in 38.320.030. There are more differences between R-3 and R-5 in this portion of the development standards than in the authorized uses section. Development may take many forms in either zoning district. The more intensive development elements allowed in the R-3 and R-5 districts are subject to additional development standards established in Article 38.5, Project Design, of the municipal code. These standards address both site and building design to enable differing uses and scales of development to meet the definition of compatible in the municipal code and presented above. “Sec. 38.500.010. - Purpose. This article (38.5) implements the Bozeman's growth policy. Overall, this article: A. Provides clear objectives for those embarking on the planning and design of development projects in Bozeman; B. Preserves and protects the public health, safety, and welfare of the citizens of Bozeman; C. Ensures that new commercial and multi-household development is of high quality and beneficially contributes to Bozeman's character; D. Ensures that new developments within existing neighborhoods are compatible with, and enhance the character of Bozeman's neighborhoods; E. Promotes an increase in walking and bicycling throughout the City; F. Enhances the livability of Bozeman's residential developments; G. Maintains and enhances property values within Bozeman.” 206 Staff Report for 20112 Buffalo Run Annexation & Zone Map Amendment Page 47 of 62 The proposed amendment is associated with an annexation creating an incremental increase in the size of the City. As discussed in Section 6, Criterion A above, both the City’s and County’s growth policies expect this area to transition from rural to urban development. The unannexed areas adjacent to this property are agricultural or detached homes on an individual large lot in conformance with the Gallatin County AS zoning. There is considerable difference in the intensity of development allowed between the AS and R-5 districts. The primary uses in the R-5 district are residential. Primary uses in the AS district are residential and agricultural. Residential uses are planned for the entire area as described in Section 6, Criterion A. Therefore, the uses are expected to be compatible. Compatible land uses, as defined above, are those that can exist in harmony and do not cause physical hazards. They do not have to be identical or similar in size or scale to be compatible. Examples of development standards applied to future development to support compatibility are constraint and treatment of storm water runoff, and lighting required to be dark sky compliant and not trespass on adjacent property. The City Commission has adopted standards to control development impacts and support compatibility. The following excerpt from the BCP 2020, page 75 describes the City’s approach. “What combination of uses under what conditions can work well together? There is a wide range of possible answers for each community to consider. Some communities take a highly prescriptive worst-case view and try to restrain all possible points of perceived conflict. This tends to create a very homogenous community with little interest or scope for creativity. Bozeman takes a different approach. The worst case scenario is recognized as unlikely, but possible. Development standards deal with the majority of cases, while restraining extraordinary problems. The City creates standards under items 1 through 3; when one district is adjacent to another and is consistent with the growth policy, any physical conflicts will be minimal, if present at all. The City’s zoning policy encourages continued development of mixed uses. … The City uses the broad scope of its development standards to enable differing uses to be successful near each other. This shows on the zoning map where districts providing a wide diversity of uses are intermixed.” Staff concludes that although the R-5 is different than the surrounding zoning it is compatible and is urban growth as called for in the growth policy. See also discussion for Section 6, Criteria A & H. 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 207 Staff Report for 20112 Buffalo Run Annexation & Zone Map Amendment Page 48 of 62 purposes [promoting health, safety, morals, or the general welfare of the community] of this part.” Emphasis added. This proposal amends the zoning map and not the text. Therefore, no element of this amendment modifies the standards of any zoning district. The character of the districts as created by those standards remains unaltered. Even though the criterion is most applicable to text amendments it still must be applied to consideration of zoning map amendments. The requested zoning meets the requirements of this criterion because, although different, it is compatible with surrounding zoning, existing roads and a park will provide a buffer between future development on this parcel and existing residential and agricultural uses, and promotes urban growth as called for in the BCP 2020. Public comment was received regarding impact of the proposed zone map amendment on the existing character of the area. The proposed amendment only applies to the Applicant’s property and does not change what is or is not allowed on adjacent property. As noted above, the City Commission has discretion within the limits of the State established criteria in considering the location and geographical extents of a zoning district. Implementation of zoning must also be in accordance with the adopted growth policy. As noted in Section 6, Criterion A, the City policy calls for a diverse and densifying land use pattern. See discussion in Section 6, Criterion A. The BCP 2020 includes several objectives applicable to this criteria. These are: N-1.11 Enable a gradual and predictable increase in density in developed areas over time. N-1.2 Increase required minimum densities in residential districts. N-3.5 Strongly discourage private covenants that restrict housing diversity or are contrary to City land development policies or climate action plan goals. Application of any municipal zoning district to the subject property and subsequent development will alter the existing character of the subject property; which is a rural individual home with accessory buildings. Likewise, development under any municipal zoning district will be visually different from adjacent unannexed property. This is true even if both are used for similar types of housing due to the differences between municipal and county zoning. Zoning doesn’t freeze the character of an area in perpetuity. Rather, it provides a structured method to consider changes to the character. The BCP 2020 notes, “…when considering an amendment to the zoning map both the actual and possible built environment are evaluated. If the amendment is accompanying an annexation request there is often a substantial change in use that will occur. In this case, the Commission must look at what the growth policy recommends for the area, as there is less built context to provide guidance.” 208 Staff Report for 20112 Buffalo Run Annexation & Zone Map Amendment Page 49 of 62 See Section 6, Criterion A above for discussion about the application and growth policy and anticipated change to the character of the area. The City has defined compatible development as: “The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and objectives of the city's adopted growth policy. Elements of compatible development include, but are not limited to, variety of architectural design; rhythm of architectural elements; scale; intensity; materials; building siting; lot and building size; hours of operation; and integration with existing community systems including water and sewer services, natural elements in the area, motorized and non-motorized transportation, and open spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design, density or use.” As noted above, the City Commission has latitude in considering the geographical extents of a zoning district. To date, the City of Bozeman has not defined a specific area outside of the area itself to be rezoned for consideration of this criterion. A review of the existing uses within a quarter mile radius of the amendment site shows two zoning districts. One, R-3, is a municipal district and allows a wide variety of housing types including detached homes, townhomes, and other forms of attached homes, as well as various institutional and light commercial uses. The second, A-S, is a county zoning district focused on low density residential and preservation of agricultural operation until it transitions to urban development. See discussion under Section 6, Criterion A above. Active uses within a quarter mile include parks, detached individual homes, and agricultural fields. This is a small selection of the potential uses allowed in the existing zoning districts. Single homes and townhomes are beginning construction in the nearby Gran Cielo subdivision. The majority of the area within a quarter mile is undeveloped and remains as fields. In the developed areas, zoned as R-3, detached single household residences are the most commonly constructed buildings. Public comment was received regarding the R-3 area having been developed as R-1 due to predominant construction of individual detached homes. If only a limited selection of the allowed uses in a district are constructed, the zoning map is not altered and the future flexibility authorized remains in force. Page 77 of the BCP 2020 describing review of zoning map amendments states “When evaluating compliance with criteria, it is appropriate to consider all the options allowed by the requested district and not only what the present applicant describes as their intensions.” When evaluating compatibility between zoning districts, Staff considers the full range of allowable uses, not only what is built now or proposed by a specific project. Looking at a broader area as shown in the maps in Section 1, all of the municipally zoned areas west of 19th are in the upper range of zoning district intensity. This is consistent with the City’s previous and current growth policy and infrastructure planning. There is an 209 Staff Report for 20112 Buffalo Run Annexation & Zone Map Amendment Page 50 of 62 application for rezoning just south of the Grace Bible Church which is in review. The application proposes to rezone a portion of a previously approved site plan from R-O to R-5. The Zoning Commission recommended favorably on this application on January 25, 2021. The character of the larger area is in the process of changing with multiple large and intense developments now under construction or in review. This is illustrated by this excerpt from the Community Development Viewer. All colored or striped shaded areas are in some stage of review and development. This application is the solid green shaded rectangle in the lower left of the image. Public comment was received regarding the appropriateness of the R-5 district when the intent statement for the district notes it is appropriate to be located near transit and mixed use areas. In reviewing and understanding the meaning of the intent statement it is also appropriate to consider this excerpt from the Urban Neighborhood future land use category description. “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.” 210 Staff Report for 20112 Buffalo Run Annexation & Zone Map Amendment Page 51 of 62 The majority of the area adjacent to the site is agricultural and the character of the area is in transition from rural to urban, as described in Section 6, Criterion A. Therefore, the character is not fully defined, and is suitable to add additional uses. The City, as shown by an examination of the zoning map and authorized uses in all zoning districts, strives to encourage a diverse development pattern and avoid large areas of single use development. This is further supported by the statement in the description of the Urban Neighborhood future land use category, “Large areas of any single type of housing are discouraged.” No size is specified for what is a large area. Therefore, when considering the character of an area it is expected that there will be diversity of development types. This diversity is also shown on the zoning maps in Section 1. Table 4 of the BCP 2020, see Section 6, Criterion A above, identifies the implementing zoning districts of the Urban Neighborhood future land use category. That category allows for zoning districts that authorize a wide range of possible future development. There are no zoning districts which are limited to only one type of development. All zoning districts implementing the Urban Neighborhood category provide for a range of housing types, institutions, and commercial activities. The expansiveness and intensity allowed varies between districts. The proposed R-5 has the potential for limited subordinate commercial services on the site but does not require them. As noted on page 49 of this report, the BCP 2020 calls for evaluation of the entire range of uses in zoning districts when evaluating criteria for zoning amendments. As discussed under Section 6, Criterion G, the R-5 zoning district and the adjacent R-3 zoning district are both residential in nature and are more similar than different in uses and standards. Development in R-5 that is more intensive than that allowed in the R-3 district, such as an apartment building, is subject to the standards of Article 38.5. Article 38.5 imposes a variety of standards on site and building design. The present development zoned R-3 near the subject property is developed at the low end of the allowed intensity for the R-3 zoning district. Public comment was received regarding covenants applied to a portion of the Meadow Creek subdivision limiting uses. This subject property is not located within the area limited by those covenants. A decision by one or a group of owners to use less than the full allowance for development does not limit or restrict another owner from choosing differently. This is consistent with objective N-3.5 included above. There is a public park along the eastern boundary of the area proposed for zoning. The nearest home to the property line of the area to be zoned is 240 feet away. Term of Annexation 11 requires additional land be added to Meadow Creek Park which will increase this distance. This separation provides a substantial separation between developed areas. See further discussion on compatibility in Section 6, Criterion G. There is a greater difference between the proposed R-5 and the adjacent unannexed properties. As described on page 77 of the BCP 2020, a local street is considered an adequate 211 Staff Report for 20112 Buffalo Run Annexation & Zone Map Amendment Page 52 of 62 separation to address differences between uses when combined with the City’s development standards; even for substantially different districts. To the west, the right of way for Fowler Avenue provides a substantial separation from the R-5 adequate to avoid negative impacts. The extension of Kurk Drive with development will provide a separation from the northern adjacent property. Therefore, for properties to the west, north, and east the character of the district is adequately addressed. The greatest difference in character is between the R-5 and the AS zoned property to the south. The property to the south has two detached homes on the 10 acre tract. There is no existing street to the east to extend and create a transition between properties. There is no existing separation between the two properties. The property to the south is, as is the tract proposed to be zoned, in an area which is planned to transition to urban uses as discussed in Section 6, Criterion A. No time frame for this transition is specified. The change will not occur until the property owner chooses to develop the property. In the meantime, there is a substantial difference between the intensity of development on the two properties even though both are zoning districts with primarily residential uses. Should a street or similar separator be placed along the southern boundary of the property being rezoned that will have the same separating/buffering effect as for the properties to the west and north discussed above. Evaluation of this situation is guided by the growth policy. On page 76 of the BCP 2020 under discussion of application of this zoning criteria is says: “Second, when considering an amendment to the zoning map both the actual and possible built environment are evaluated. If the amendment is accompanying an annexation request there is often a substantial change in use that will occur. In this case, the Commission must look at what the growth policy recommends for the area, as there is less built context to provide guidance.” The City has adopted many standards to identify and avoid or mitigate demonstrable negative impacts of development. These will support the ability of future development in R-5 to be compatible with adjacent development and uphold the residential character in an area where R-5 is applied even if the intensity between districts is different. The following excerpt from the BCP 2020, page 75 describes the City’s adopted approach. “What combination of uses under what conditions can work well together? There is a wide range of possible answers for each community to consider. Some communities take a highly prescriptive worst-case view and try to restrain all possible points of perceived conflict. This tends to create a very homogenous community with little interest or scope for creativity. Bozeman takes a different approach. The worst case scenario is recognized as unlikely, but possible. Development standards deal with the majority of cases, while restraining extraordinary problems. 212 Staff Report for 20112 Buffalo Run Annexation & Zone Map Amendment Page 53 of 62 The City creates standards under items 1 through 3; when one district is adjacent to another and is consistent with the growth policy, any physical conflicts will be minimal, if present at all. The City’s zoning policy encourages continued development of mixed uses. … The City uses the broad scope of its development standards to enable differing uses to be successful near each other. This shows on the zoning map where districts providing a wide diversity of uses are intermixed.” The standards adopted by the City prevent physically dangerous spillover effects. An example is the capture, treatment and discharge controls from additional storm water runoff as additional impervious surfaces are built. Required setbacks from property lines, landscaping requirements, and similar site and building standards address character and compatibility. These and other standards carry out the intent and purpose of the City’s land development standards in Chapter 38 of the municipal code. Sec. 38.100.040. - Intent and purpose of chapter. A. The intent of this unified development chapter is to protect the public health, safety and general welfare; to recognize and balance the various rights and responsibilities relating to land ownership, use, and development identified in the United States and State of Montana constitutions, and statutory and common law; to implement the city's adopted growth policy; and to meet the requirements of state law. Zoning does not prohibit change but provides a structure within which change can occur. Such changes include modifications to both the text and zoning map. Such amendments are authorized in the zoning enabling act for municipalities. Landowners have both property rights and responsibilities. The City has adopted development standards to ensure that responsibilities are met while landowners exercise their property rights. The City has not chosen, and is not required, to adopt standards for all issues. For example, standards have not been adopted regarding preservation of view sheds or extra separation of buildings from unannexed property. Theme 7 of the BCP 2020 includes this statement: “RC-3.2 Work with Gallatin County to keep rural areas rural and maintain a clear edge to urban development that evolves as the City expands outwards.” This objective describes the situation now under review. The City is expanding outwards by annexation. Gallatin County has identified this area as a growth area in its land use planning documents. There will be a distinct edge between the AS and R-5 zoning districts with different intensity of residential uses. Staff concludes that although the R-5 is different than the surrounding zoning it is compatible and is urban growth as called for in the growth policy. See also discussion for Section 6, Criteria A, G, and F. 213 Staff Report for 20112 Buffalo Run Annexation & Zone Map Amendment Page 54 of 62 I. Peculiar suitability for particular uses. Neutral. The proposed amendment does not modify the existing standards of the R-5 district. Therefore the impact of the amendment is limited to this application site. The property is generally flat. A watercourse crosses the property from north to south. Groundwater in the area is shallow and potentially at hazard from onsite sewage treatment. The property is within the City’s planning area for land use and utility extensions. There is frontage on Fowler Lane, an arterial street. Municipal utilities and emergency services can be extended to the area. The site is capable of supporting a more intensive district in the range of zoning districts. These features are not unusual for properties adjacent to the City. The described features support annexation and development within the City. There are not sufficient distinctive characteristics of the property to make a positive or negative findings for this criteria specific to an individual zoning district. J. Conserving the value of buildings. Yes. The proposed amendment does not modify the existing standards of the R-5 district. Therefore the impact of the amendment is limited to this application site. The property has one detached home and associated outbuildings on it. The owner of the property is the applicant. The R-5 zoning district will have no negative effect on the value of buildings within the amendment boundary. As discussed under Section 6, Criterion H, property to the west, north, and east has or will have separation from future development on the site. As discussed under Section 6, Criteria A, G, and H, placement of the R-5 district is consistent with the planned uses and long term character of the area. Any new structures at the site will be required to meet setback and other protective requirements set forth in the Bozeman Municipal Code. Compliance will alleviate potential negative impacts to the value of surrounding buildings and properties. As described in earlier criteria, the proposed zoning is compatible with existing buildings on adjacent properties and does not create any new situations not in compliance with municipal code. Therefore, this criterion is met. K. Encourage the most appropriate use of land throughout the jurisdictional area. Yes. As discussed in Section 6, Criterion A above, this property has been planned for urban residential uses for many years. The proposed R-5 district is a primarily residential district. The property is adjacent to the City, within the municipal services area, and can be annexed. The property is in an area of high groundwater where septic systems are a possible hazard to groundwater. The criterion is met. 214 Staff Report for 20112 Buffalo Run Annexation & Zone Map Amendment Page 55 of 62 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 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. This criterion includes the modifier ‘significantly.’ It is not prohibited to have uses that are different. To be a Yes answer, the reviewer must demonstrate a ‘significant difference.’ As stated in Section 6, Criterion H above, when evaluating this criterion the entire range of uses authorized in a district is evaluated, not just what has been built. The R-5 district is primarily for homes as established in 38.100.030.F and 38.310.030. The shape and configuration of homes may vary but remain homes. As discussed in several criteria above, the surrounding area is already developed or planned for urban residential development. A range of residential intensities exists or is being constructed. A review of Table 38.310.030.A - Permitted general and group residential uses in residential zoning districts, shows only two differences between the adjacent R-3 and proposed R-5 zoning districts. A review of Table 38.310.030.B – Permitted accessory and non-residential uses in residential zoning districts shows three differences and all of those differences are restricted in size and configuration to retain compatibility with the primarily residential uses in the zoning district. Thus 35 of the 40 authorized uses are shared between the two districts. Such a high degree of similarity does not support a finding of “significantly different.” Bozeman has deliberately developed a zoning system that includes districts with diverse uses and opportunities. The City deliberately chooses to encourage diverse development and avoid large areas of the same zoning. As noted in Section 6, Criterion A, this diversity of development approach is supported and directed in the growth policy. As shown in the large scale vicinity map in Section 1 of this report, R-5 has been placed adjacent to other unannexed property and across the street from the R-1 and R-2 zoning districts. It has been approved for placement adjacent to R-3 with another zone map amendment. This is consistent with the legislative discretion authorized in 76-2-302, MCA and cited in the discussion under Section 6, Criterion H. As discussed in Section 6, Criteria A, G, and H, the area proposed for zoning change is in a transitional area and changing over time from rural to urban. The implementing zoning districts for the Urban Neighborhood future land use category in the BCP 2020 allow both residential and non-residential uses. Some implementing zoning districts, such as B-1 are primarily business oriented. The R-5 is dominantly a residential district. 215 Staff Report for 20112 Buffalo Run Annexation & Zone Map Amendment Page 56 of 62 Development of the site in compliance with the proposed R-5 designation provides for predominantly residential development. The range of uses is compatible with the most common residential land uses in the area. As described in Section 6, Criteria G, H, and others above, the uses authorized in the R-5 zone are similar to the urban land uses in the area. This spot zoning criterion only looks at use. It does not consider similarity or difference in other standards related to development such as height, separation from property lines, etc. There are more differences between R-5 and the unannexed adjacent property. The prevailing, or most frequent, use measured by area adjacent to the subject property is agriculture. This is not surprising as this application is occurring in conjunction with annexation of property on the edge of the City. The annexing property is physically adjacent to the City. Any municipal zoning district will have differences from the rural zoning established by Gallatin County in this area. The annexation is an incremental expansion of the City, in an area planned by both Gallatin County and the City of Bozeman for such expansion, and the change in zoning is inherent with the growth of the City. There are differences between the rural and urban zoning at this time. However, it is the intention of the existing and proposed zoning authority for the use of land to change as shown in the Section 6, Criterion A analysis above. Therefore, staff finds that this criterion is not met. 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 application is submitted by one landowner in conjunction with annexation of the single 20 acre property. Although the City supports multiparty annexation applications, landowner initiated annexation of single properties are the most frequent annexation requests received by the City. As described in Section 6, Criterion A above, the amendment advances the overall policies of the BCP 2020, the City’s adopted growth policy, and the growth policy and neighborhood plans for Gallatin County. As the application advances the growth policies there are benefits to the larger community from the amendment. As described in the report above, there are opportunities to expand and add functionality to public parks, advance the transportation network, and provide other identified public benefits. Although there is generalized benefit to the community, the number of direct beneficiaries is small. 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 the applicant/landowner will directly benefit from the proposed zone map amendment, the proposed amendment is not at the expense of surrounding landowners or the general public. As discussed in the various review criteria above, no substantial negative impacts are identified due to this amendment which do not also have identified opportunities for resolution with future development of the site. The zone map amendment does not occur 216 Staff Report for 20112 Buffalo Run Annexation & Zone Map Amendment Page 57 of 62 in isolation. Although the map is changing, the associated Terms of Annexation, and the development standards referenced throughout the analysis of the zone map amendment will limit impacts of new development and avoid expense to the general public or surrounding landowners. When looking at the City as a whole, Bozeman is in need of additional housing to meet increased demand for a variety of housing options. The proposed R-5 would allow for more housing in a growing area of the City, which benefits the general public. Additional parks and transportation links will provide benefits to the community at large. As discussed in Section 6, Criterion A, the application is consistent with both the City’s and the County’s growth policy. The growth policy is the overall land use policy for the community. Consistency with the growth policy demonstrates benefit to the general public. As discussed under Section 6, Criterion D, the City’s development standards will require the applicant to provide the needed infrastructure to support any proposed development prior to construction of homes. Concurrency and adequacy of infrastructure remove most potential injury to others. As discussed in Section 6, Criterion H, the requested zoning district of R-5 is different than, but consistent with the existing and developing character of the area. Therefore, the amendment does not benefit the landowner at the expense of others. Development of the site in any manner will create additional demand for services and change the character of the site from a large lot with a single home. A change to an urban district does not inherently injure the surrounding landowners. 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 217 Staff Report for 20112 Buffalo Run Annexation & Zone Map Amendment Page 58 of 62 must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230. There are six properties located within the state established protest area 150 feet from the project site. This means that qualifying protests must be received from the owners of at least two of the properties for there to be a successful protest. Sufficient qualifying protests were received from adjacent property owners to require the favorable vote of two-thirds of the present and voting members of the City Commission to approve the requested zoning. APPENDIX A - NOTICING AND PUBLIC COMMENT Notice was published in the Bozeman Daily Chronicle on December 27, 2020, January 3, 2021, and January 24, 2021. The site was posted in two locations and notices mailed by the applicant as required by 38.220 and the required confirmation provided to the Planning Office. Due to the time between the Zoning Commission and City Commission hearing dates a second notice was mailed. The required confirmation of the 2nd notice mailing has been 218 Staff Report for 20112 Buffalo Run Annexation & Zone Map Amendment Page 59 of 62 provided. Notice was or will be provided at least 15 and not more than 45 days prior to each public hearing. As of the writing of this report on January 29, 2021, 93 written comments are received on this application. Thirty-one persons spoke regarding the application at the public hearing before the Zoning Commission. Written comments are available for review at http://weblink.bozeman.net/WebLink8/0/fol/229536/Row1.aspx. As comments are received they are added to this online folder and available to anyone. The oral comments are available at https://bozeman.granicus.com/player/clip/39?view_id=1&redirect=true. Issues raised by public comments are addressed throughout this report. Common themes in the oral and written public comment submitted to date include: • Traffic routes and impacts, especially to Kurk Drive, and associated public safety concerns • Impacts on the Meadow Creek Park • Groundwater levels • Water pressure and capacity • Character of existing development in Meadow Creek Subdivision and other adjacent properties compared to proposed zoning • Growth policy compliance • Affordable housing APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING Adopted Growth Policy Designation: The property is designated as “Urban Neighborhood” in the Bozeman Community Plan 2020. 1. URBAN NEIGHBORHOOD. This category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single type of housing are discouraged. In limited instances, an area may develop at a lower gross density due to site constraints and/or natural features such as floodplains or steep slopes. Complementary uses such as parks, home-based occupations, fire stations, churches, schools, and some neighborhood-serving commerce provide activity centers for community gathering and services. The Urban Neighborhood designation indicates that development is expected 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. 219 Staff Report for 20112 Buffalo Run Annexation & Zone Map Amendment Page 60 of 62 Table 4 from the Bozeman Community Plan 2020 220 Staff Report for 20112 Buffalo Run Annexation & Zone Map Amendment Page 61 of 62 Proposed Zoning Designation: The applicant has requested zoning of “R-5” (Residential mixed-use high density District) in association with the annexation of the property. The intent of the R-5 District is set in 38.300.100: F. Residential mixed-use high density district (R-5). The intent of the R-5 residential mixed-use high density district is to provide for high-density residential development through a variety of compatible housing types and residentially supportive commercial uses in a geographically compact, walkable area to serve the varying needs of the community's residents. These purposes are accomplished by: 1. Providing for a mixture of housing types, including single and multi-household dwellings to serve the varying needs of the community's residents. 2. Allowing offices and small scale retail and restaurants as secondary uses provided special standards are met. Use of this zone is appropriate for areas adjacent to mixed-use districts and/or served by transit to accommodate a higher density of residents in close proximity to jobs and services. Authorized uses for residential zoning districts are in 38.310.030, BMC. Form and intensity standards for residential zoning districts are in 38.320.030, BMC. Development standards and processes are primarily located in Chapter 38 of the municipal code. Not all standards and process apply to all development proposals. APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF Owner: /Applicant: Yellowstone Investment Group, Professional LLC, 40 Boxcar Lane, Bozeman MT 59718 Representative: Derek Williams, 40 Boxcar Lane, 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 Annexation or Zone Map Amendment. Future development will incur costs and generate revenue according to standard City practices. 221 Staff Report for 20112 Buffalo Run Annexation & Zone Map Amendment Page 62 of 62 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 Supplemental Application Materials 1-29-2021 Engineering Division analysis of Traffic Impact Study Engineering Memo with advisory comments to applicant regarding future infrastructure Public comments are at http://weblink.bozeman.net/WebLink8/0/fol/229536/Row1.aspx 222 VICINITY MAP KURK DRIVE FOWLER LANE BLACKWOOD ROAD S 27TH AVENUE BOZEMAN CITY LIMITS S 30TH AVENUE W GRAF STREET STUCKY ROAD SITE GALLATIN COUNTY MEADOW CREEK GENESIS BUSINESS PARK h:\vogel\bozeman\cad\dwg\bozeman- vicinty map 2019 11 01.dwg BUFFALO RUN VICINITY MAP SCALE: 1"= November 04, 2019 0 1000' 500 1000 475 W. 12th Avenue - Suite E Denver, Colorado 80204-3688 (303) 893-4288 223 224 225 226 227 N89°51'57"E 1331.45' S89°52'06"W 1330.04' S0°01'33"W 665.57' S89°52'06"W 30.00' N89°51'57"E 30.00' N0°05'46"W 665.51' S0°05'46"E 665.51' BRAWNER DIANE L. REV TRUST DATED 07/23/14 C.O.S. 2074 MEADOW CREEK PARTNERS LLC MEADOW CREEK SUBDIVISION PHASE 1 NEESE URSULA N 1 2 S 1 2 SW 1 4 SW 1 4 SECTION 23 T2S R5E KOUNTZ DAYLE H. MARITAL TRUST S 1 2 SE 1 4 SECTION 22 T2S R5E BRAWNER DIANE L. REV TRUST DATED 07/23/14 C.O.S 1861 N1 2 SW 1 4 SW 1 4 SECTION 23 T2S R5E GALLTIN COUNTY, MT 20.33 ACRES CHRISTENSEN JON C & ELIZABETH R S 1 2 S 1 2 SW 1 4 BUFFALO RUN ZONE MAP AMENDMENT Bozeman, MT November 04, 2020 229 BUFFALO RUN ZONE MAP AMENDMENT Bozeman, MT SHEET INDEX SUBMITTAL DOCUMENTS - COVER SHEET PAGE 7-11: ANNX FORM: GOALS AND POLICIES ________________________________________ PAGE 12: PROJECT TEAM PAGE 13-14: PROJECT OVERVIEW PAGE 15: CONTEXT PLAN AND EXISTING CONDITIONS PAGE 16: URBAN FRAMEWORK PLAN PAGE 17: CONNECTIVITY PLAN PAGE 18: PARK AND OPEN SPACE PLAN PAGE 19-23: NARRATIVE CONTINUED BUFFALO RUN EXHIBITS - COVER SHEET PAGE 24: CONTEXT PLAN PAGE 25: URBAN FRAMEWORK PLAN PAGE 26: CONNECTIVITY PLAN PAGE 27: PARK AND OPEN SPACE PLAN PAGE 28: EXISTING LAND USE PLAN PAGE 29: EXISTING ZONING MAP PAGE 30: ZONING PATTERN ANALYSIS SUPPLEMENTAL INFORMATION - COVER SHEET PAGE 31-42: PLATTING CERTIFICATE PAGE 43-46: ARTICLE OF ORGANIZATION PAGE 47: CERTIFICATE OF FACT OF GOOD STANDING PAGE 48-61: DEED PAGE 62-63: NOTARY DOCUMENTS PAGE 64: NOTICING CHECKLIST - N1 FORM PAGE 65-66: CVA (COVID FORM) PAGE 67-68: ADJACENT PROPERTY OWNERS 230 BUFFALO RUN ZONE MAP AMENDMENT Bozeman, MT SHEET INDEX- SUBMITTAL DOCUMENTS ________________________________ PAGE 7-11: ANNX FORM GOALS AND POLICIES 231 BUFFALO RUN ZONE MAP AMENDMENT Bozeman, MT Land Planning  Landscape Architecture  Real Estate Feasibility  Development Consulting V: 303.893.4288 F: 303.893-6792  475 West 12th Avenue, Suite E, Denver, Colorado 80204  www.vogelassoc.com SECTION ONE: GOALS 1. The City of Bozeman encourages annexations of land contiguous to the City. The Buffalo Run Parcel is located contiguous to the City. The Meadow Creek subdivision located to the east of the parcel and has been annexed to the City of Bozeman. 2. The City encourages all areas that are totally surrounded by the City to annex. The Buffalo Run parcels is not surrounded by the City, it is located within the future land use area map and is adjacent to the existing City boundary. 3. The City encourages all properties currently contracting with the City for City services such as water, sanitary sewer, and/or fire protection to annex. The Buffalo Run parcel currently utilizes well and septic with the intent to contract with the City for water, sanitary sewer and fire protection services upon annexation. 4. The City of Bozeman requires annexation of all land proposed for development lying within the existing and planned service area of the municipal water and sewer systems as depicted in their respective facility plans, any land proposed for development that proposes to utilize municipal water or sewer systems. City water and sewer is located north and east of the parcel within the existing Meadow Creek subdivision. The intent is to extend the existing utilities as required to serve the Buffalo Run project. A comprehensive storm water system will also be implemented. The Buffalo Run infrastructure improvements will also include installing a sanitary sewer mainline in Fowler Lane that will extend north to Stucky Road. 5. The City encourages annexations within the urban area identified on the future land use map in the current Bozeman Growth Policy. The future land use map in the Bozeman Community Plan (growth policy) designates the subject property as Residential. Under the growth policy’s description of the residential future land use category it states “High density residential areas should be established near commercial centers to facilitate the provision of services and employment opportunities to persons without requiring the use of an automobile. Implementation of this category by residential zoning should provide for and coordinate intensive residential uses in proximity to commercial centers.” Buffalo Run is located adjacent to Fowler Lane which is proposed as a minor arterial. The Fowler Lane and Blackwood Rd intersection is located just south of the Buffalo Run parcel. It is anticipated that this intersection will be developed in the future to include residential/commercial centers and higher density residential. Enclosed is an exhibit (see Potential Zoning Pattern Analysis) illustrating a potential land use and zoning pattern for the Fowler Lane, Blackwood Rd and Stucky Rd. The proposed R-5 would be consistent with this growth pattern. 6. The City of Bozeman encourages annexations to make the City boundaries more regular rather than creating irregular extensions which leave unannexed gaps between annexed areas or islands of annexed or unannexed land. The annexation will result into in a regular shaped boundary that is contiguous to the existing City boundary. PAGE 7 232 BUFFALO RUN ZONE MAP AMENDMENT Bozeman, MT �and �lanning  �andscape �rchitect�re  �eal �state �easi�ility  �e�elop�ent �ons�lting 7. �he �ity o� �o�e�an enco�rages anne�ations which will enhance the e�isting tra��ic circ�lation syste� or pro�ide �or circ�lation syste�s that do not e�ist at the present ti�e. �s o�tlined a�o�e and ill�strated on the enclosed connecti�ity e�hi�it �see �onnecti�ity �lan�� the intent is to e�tend the street grid networ�. �his grid pattern will pro�ide �or additional connections incl�ding the ��t�re e�tension o� ��r� �ri�e to �owler �ane. ��pro�e�ents will also incl�de aligning with �o�th ��st ��en�e and co�pleting the �o�th ��th ��en�e seg�ent that is located within the e�isting ease�ent. ����alo ��n will initially �tili�e ��r� �ri�e and �o�th ��st ��en�e �or access. �hese streets are interconnected with the grid networ� that has �een esta�lished with the �eadow �ree� ���di�ision. �his networ� will pro�ide alternati�e ro�tes and ��rther disperse tra��ic. �s the north and so�th parcels are de�eloped� pro�isions ha�e �een incorporated in the plan to pro�ide additional connections and access alternati�es. �s ill�strated on the �r�an �ra�ewor� plan� ��r� �ri�e is proposed to e�tend to �owler �ane. �his interconnected networ� o� streets and wal�a�le �loc� con�ig�ration will rein�orce a ��lti��odal transportation progra� that will incl�de �icycle� pedestrian� �ehicle� and transit �o�ility alternati�es. �he �ity pre�ers anne�ation o� parcels o� land larger than �i�e ��� acres in si�e ��t will allow anne�ation o� s�aller parcels i� �actors s�ch as topographic li�itations� sanitary disposal needs� �ire access� �aintenance o� p��lic �acilities� etc.� ��sti�y a s�aller anne�ation. �he ����alo ��n parcel is appro�i�ately ��.� acres. 8. �he �ity see�s to o�tain water rights ade��ate �or ��t�re de�elop�ent o� the property with anne�ation. ����alo ��n is willing to trans�er �sa�le water rights. 9. �he �ity o� �o�e�an enco�rages anne�ations �or �ity pro�ision o� clean treated water and sanitary sewer. ����alo ��n is proposed to �e connected to the �ity water and sewer syste�. SECTION TWO: POLICIES 1. �nne�ations ��st incl�de dedication o� all ease�ents �or rights�o��way �or collector and arterial streets� ad�acent local streets� p��lic water� sanitary sewer� or stor� or sewer �ains� and �lass � p��lic trails not within the right o� way �or arterial or collector streets. �nne�ations ��st also incl�de wai�ers o� right to protest the creation o� special or i�pro�e�ent districts necessary to pro�ide the essential ser�ices �or ��t�re de�elop�ent o� the �ity. �he applicant agrees to dedicate the �owler �ane right�o��way re��ired to acco��odate a ��lane collector section. �his right�o��way and ��’ p��lic �tility ease�ent will �e dedicated at the ti�e o� �inal �lat. �he applicant wai�es the right to protest the creation o� special or i�pro�e�ent districts necessary to pro�ide the essential ser�ices �or ��t�re de�elop�ent o� the �ity. 2. �ss�es pertaining to �aster planning and �oning ��st �e addressed prior to or in con��nction with the application �or anne�ation. Bozeman’s Uni�ied �e�elop�ent �ode� ��.���.���� de�ines co�pati�le de�elop�ent as “�he �se o� land and the constr�ction and �se o� str�ct�res which is in har�ony with ad�oining de�elop�ent� e�isting neigh�orhoods� and the goals and o��ecti�es o� the city’s adopted growth policy. �le�ents o� co�pati�le de�elop�ent incl�de� ��t are not li�ited to� �ariety o� architect�ral design� rhyth� o� architect�ral ele�ents� scale� intensity� �aterials� ��ilding siting� lot and ��ilding si�e� ho�rs o� operation� and integration with e�isting co���nity syste�s incl�ding water and sewer ser�ices� nat�ral ele�ents in the area� �otori�ed and non��otori�ed transportation and open spaces and par�s. PAGE 8 233 BUFFALO RUN ZONE MAP AMENDMENT Bozeman, MT �an� ��annin�  �an�sca�e ��c�itect��e  �ea� �state �easi�i�ity  �e�e�o�ment �ons��tin� �om�ati��e �e�e�o�ment �oes not �e��i�e �ni�o�mity o� monotony o� a�c�itect��a� o� site �esi�n� density or use.” �om�ati��e �an� �se is as “A lan� �se ��ic� may �y �i�t�e o� t�e c�a�acte�istics o� its �isce�ni��e o�t�a�� e��ects e�ist in �a�mony �it� an a��oinin� �an� �se o� �i��e�in� c�a�acte�� ���ects o�ten meas��e� to �ete�mine com�ati�i�ity inc���e� ��t a�e not �imite� to noise� o�o�� �i��t an� t�e ��esence o� ��ysica� �aza��s s�c� as com��sti��e or explosive materials.” ��e ��o�t� �o�icy s���o�ts ��o�i�in� a �a�iety o� �o�sin� o�tions nea� se��ices� em��oyments o��o�t�nities� an� t�ans�o�tation o�tions� ��e ��o�ose� ��� amen�ment �i�� ena��e �i��e� �esi�entia� �ensities in an a�ea t�at �ocate� �it�in ��o�imity o� t�e �ontana �tate Uni�e�sity an� t�e ��ac�e �am��s �ocate� to t�e no�t�east� �s note�� t�e c���ent �o�sin� ty�e �it�in t�is ��a��ant is ��ima�i�y sin��e �ami�y �etac�e�� ��o�i�in� a�te�nati�e �o�sin� in t�e a�ea �i�� en�ance t�e �o�sin� o�tions �o� ��at c���ent�y is a m��ti�imensiona� �o���ation� ���an�in� t�e �ea�o� ��ee� �a�� an� ��o�i�in� a��itiona� o�en s�ace� t�ai� connection an� �ec�eationa� o��o�t�nities ���t�e� �ein�o�ces t�e �i�a�i�ity an� sense o� comm�nity� ��eatin� a��itiona� �at�e�in� a�eas a�so ��o�i�es an� �oste�s comm�nity com�ati�i�ity� �s note� a�o�e� t�e ��t��e ��o�t� �atte�n t�at is en�isione� to occ�� a�on� t�e �o��e� �ane co��i�o� an� at t�e inte�section o� B�ac��oo� �� �i�� ���t�e� en�ance com�ati�i�ity� �t is antici�ate� t�at a��itiona� zone c�assi�ications s�c� as ��� an� ��� �i�� �e �ocate� a�on� t�e �o��e� �ane co��i�o�� 3. ��e a���ication �o� anne�ation m�st �e in con�o�mance �it� t�e c���ent Bozeman ��o�t� �o�icy� �� a ��o�t� �o�icy �men�ment is necessa�y to accommo�ate antici�ate� �ses� t�e amen�ment ��ocess m�st �e initiate� �y t�e ��o�e�ty o�ne� an� com��ete� ��io� to any action �o� a���o�a� o� t�e a���ication �o� anne�ation� ��e ��t��e �an� �se ma� in t�e Bozeman �omm�nity ��an ���o�t� �o�icy� �esi�nates t�e s���ect ��o�e�ty as �esi�entia�� Un�e� t�e growth policy’s description o� t�e �esi�entia� ��t��e �an� �se cate�o�y it states “Hi�� �ensity �esi�entia� a�eas s�o��� �e esta��is�e� nea� comme�cia� cente�s to �aci�itate t�e ��o�ision o� se��ices an� em��oyment o��o�t�nities to �e�sons �it�o�t �e��i�in� t�e �se o� an a�tomo�i�e� �m��ementation o� t�is cate�o�y �y �esi�entia� zonin� s�o��� ��o�i�e �o� an� coo��inate intensi�e �esi�entia� �ses in ��o�imity to commercial centers.” B���a�o ��n is �ocate� a��acent to �o��e� �ane ��ic� is ��o�ose� as a mino� a�te�ia�� ��e �o��e� �ane an� B�ac��oo� �� inte�section is �ocate� ��st so�t� o� t�e B���a�o ��n �a�ce�� �t is antici�ate� t�at t�is inte�section �i�� �e �e�e�o�e� in t�e ��t��e to inc���e �esi�entia��comme�cia� cente�s an� �i��e� �ensity �esi�entia�� �nc�ose� is an e��i�it �see �otentia� �onin� �atte�n �na�ysis� i���st�atin� a �otentia� �an� �se an� zonin� �atte�n �o� t�e �o��e� �ane� B�ac��oo� �� an� �t�c�y ��� ��e ��o�ose� ��� �o��� �e consistent �it� t�is ��o�t� �atte�n� � ��o�t� �o�icy �men�ment is not �e��i�e� �it� t�is a���ication� 4. �nitia� zonin� c�assi�ication o� t�e ��o�e�ty to �e anne�e� �i�� �e �ete�mine� �y t�e �ity �ommission� in com��iance �it� t�e Bozeman ��o�t� �o�icy an� ��on a �ecommen�ation o� t�e �ity �onin� �ommission� sim��taneo�s�y �it� �e�ie� o� t�e anne�ation �etition� ��e ��o�ose� ��� zone ma� amen�ment �i�� enco��a�e t�e most a���o��iate �se o� �an� as t�e ��o�t� �o�icy �esi�nates t�e property as “Residential,” which the proposed R�� �esi�nation �i�� im��ement� ��e �ity is in nee� o� a��itiona� �o�sin� to accommo�ate c���ent an� ��o�ecte� �eman� inc���in� �o�sin� �e��i�e� �o� t�e ��ac�e �am��s� �o meet t�is �eman� a �a�iety o� �o�sin� o�tions nea� se��ices� em��oyment cente�s� an� t�ans�o�tation o�tions a�e nee�e�� ��is zone ma� amen�ment �i�� �e�� a���ess t�is nee� �y a��o�in� �o� �i��e� �esi�entia� �ensities� PAGE 9 234 BUFFALO RUN ZONE MAP AMENDMENT Bozeman, MT �and �lanning  �andscape Architecture  Real �state �easi�ility  �evelopment �onsulting �� ���.���.���� �� ���.��������  ��� �est ��th Avenue, �uite �, �enver, �olorado �����  www.vogelassoc.com 5. �he applicant must indicate their pre�erred �oning classi�ication as part o� the annexation petition. �he proposed R�� �one amendment is re�uested. 6. �ees �or annexation processing will �e esta�lished �y the �ity �ommission. �he applicant will pay the re�uired processing �ees. 7. �t is the policy o� the �ity that annexations will not �e approved where unpaved county roads will �e the most commonly used route to gain access to the property unless the landowner proposes a method to provide �or construction o� the road to the City’s street standards. As outlined a�ove and illustrated on the enclosed connectivity exhi�it �see �onnectivity �lan�, the intent is to extend the grid networ� o� streets. �his grid pattern will provide �or additional connections including the extension o� �ur� �rive to �owler �ane and aligning with �outh ��st Avenue that will connect to �eah �ane. �u��alo Run will initially utili�e �ur� �rive and �outh ��st Avenue �or access. �hese streets are interconnected with the grid networ� that has �een esta�lished with the �eadow �ree� �u�division. �his networ� will provide alternative routes and �urther disperse tra��ic. As the north and south parcels are developed, provisions have �een incorporated in the plan to provide additional connections and access alternatives. As illustrated on the ur�an �ramewor� plan, �ur� �rive is proposed to extend to �owler �ane. �his interconnected networ� o� streets and wal�a�le �loc� con�iguration will rein�orce a multi�modal transportation program that will include �icycle, pedestrian, vehicle, and transit mo�ility alternatives. �rior to annexation o� property, the �ity will re�uire the property owner to ac�uire ade�uate and usea�le water rights, or an appropriate �ee in lieu thereo�, in accordance with �ection ��.���.��� o� the municipal code, as amended. �u��alo Run will trans�er usa�le water rights or pay the appropriate �ees. 8. �n�rastructure and emergency services �or an area proposed �or annexation will �e reviewed �or the health, sa�ety and wel�are o� the pu�lic and con�ormance with the City’s adopted facility plans. If the City determines adequate services cannot be provided to ensure pu�lic health, sa�ety and wel�are, the �ity may re�uire the property owner to provide a written plan �or accommodation o� these services, or the �ity may re�ect the petition �or annexation. Additionally, the parcel to �e annexed may only �e provided sanitary sewer service via the applica�le drainage �asin de�ined in the �ity �astewater �ollection �acilities �lan. �t is the intent �or �u��alo Run to �e served �y �ity emergency services, including police and �ire. �xisting water and sanitary sewer lines are located directly east o� the �u��alo Run parcel. 9. �he �ity may re�uire annexation o� any contiguous property �or which city services are re�uested or �or which city services are currently �eing provided. �n addition, any person, �irm, or corporation receiving water or sewer service outside o� the �ity limits is re�uired as a condition o� initiating or continuing such service, to consent to annexation o� the property serviced �y the �ity. �he �ity �anager may enter into an agreement with a property owner �or connection to the City’s sanitary sewer or water system in an emergency conditioned upon the su�mittal �y the property owner o� a petition �or annexation and �iling of a notice of consent to annexation with the Gallatin County Clerk and Recorder’s Office. The contract for connection to city sewer and�or water must re�uire the property owner to annex or consent to disconnection o� the services. �onnection �or purposes o� o�taining �ity sewer services in an emergency re�uires, when �easi�le as determined �y the �ity, the connection to �ity water services. �ity water and sewer is located north and east o� the parcel. �he intent is to extend the existing utilities as re�uired to serve the �u��alo Run pro�ect. �he �u��alo Run in�rastructure improvements will also include installing a sanitary sewer mainline in �owler �ane that will extend north to �tuc�y Road. PAGE 10 235 BUFFALO RUN ZONE MAP AMENDMENT Bozeman, MT �and �lannin�  �andscape �rchitecture  Real �state �easibility  �evelopment Consultin� �� ���.���.���� �� ���.��������  ��� �est ��th �venue� �uite �� �enver� Colorado �����  www.vo�elassoc.com 10. The annexation application shall be accompanied by mappin� to meet the requirements of the �irector of �ublic �orks. �here an area to be annexed can be entirely described by reference to a certificate of survey or subdivision plat on file with the Gallatin County Clerk and Recorder. �nnexation and �one map maps are enclosed with this application. 11. The mappin� may be waived by the �irector of �ublic �orks. �n annexation plat and �one amendment map are enclosed with this application. 12. The City will assess system development�impact fees in accordance with �ontana law and Chapter �� �rticle �� �ivision �� �o�eman �unicipal Code. The applicant shall pay applicable and required development fees. 13. �ublic notice requirements� �otice for annexation of property must be coordinated with the required notice for the �one map amendment required with all annexation. The �one map amendment notice must contain the materials required by ��.���.���� ��C. �one �ap �mendment �oticin� has been provided as required by ��.���� ��� is enclosed with this application. 14. �nnexation a�reements must be executed and returned to the City within �� days of distribution of the annexation a�reement by the City� unless another time is specifically identified by the City Commission. �n annexation a�reement will be prepared and executed as outlined above. 15. �hen possible� the use of �art �� annexations is preferred. The �art �� annexation has been noted. 16. �here a road improvement district has been created� the annexation does not repeal the creation of the district. The City will not assume operations of the district until the entirety of the district has been annexed. �ny funds held in trust for the district will be used to benefit the district after transfer to the City. Inclusion within a district does not lessen the obli�ation to participate in �eneral city pro�rams that address the same sub�ect. The �uffalo Run parcel is not currently located within a road improvements district. 17. The City will notify the Gallatin County �lannin� �epartment and �ire �istrict providin� service to the area of applications for annexation. It is acknowled�ed that the Gallatin County �lannin� �epartment and �ire �istrict will be referred to for providin� the respective services. 18. The City will require connection to and use of all City services upon development of annexed properties. The City may establish a fixed time frame for connection to municipal utilities. �pon development� unless otherwise approved by the City� septic systems must be properly abandoned and the development connected to the City sanitary sewer system. �pon development� unless otherwise approved by the City� water wells on the sub�ect property may be used for irri�ation� but any potable uses must be supplied from the City water distribution system and any wells disconnected from structures. The property owner must contact the City �ater and �ewer �uperintendent to verify disconnects of wells and septic systems. It is the intent to connect the �uffalo Run parcel to City water and sewer services. The existin� septic system will be abandoned upon sewer bein� extended and activated. Coordination with the City �ater and �ewer �uperintendent to verify disconnects of wells and septic systems will be completed. PAGE 11 236 BUFFALO RUN ZONE MAP AMENDMENT Bozeman, MT Land Planning  Landscape Architecture  Real Estate Feasibility  Development Consulting V: 303.893.4288 F: 303.893-6792  475 West 12th Avenue, Suite E, Denver, Colorado 80204  www.vogelassoc.com Buffalo Run Project Team The following is an outline of the Buffalo Run project team. Owner/Developer: Buffalo Run Bozeman, LLC 5400 Fowler Lane Bozeman, MT. 59718 Contact: Derek Williams Phone: (303) 887-4045 Email: derek@bridgerdevelop.com Planner and Landscape Architect: Vogel & Associates, LLC 475 W. 12th Avenue, Suite E Denver, CO. 80204 Contact: Jeffrey Vogel, AICP Phone: (303) 893-4288 Email: jvogel@vogelassoc.com Architect: Intrinsik Architecture, Inc. 111 North Tracy Avenue Bozeman, MT. 59715 Contact: Robert Pertzborn, AIA Phone: (406) 582-8988 Email: rpertzborn@intrinsikarchitecture.com Ivins Design, LLC 7373 E. Ellsworth, Ave Denver, CO. 80209 Contact: Bruce Ivins, AIA Phone: (303) 829-0308 Email: ivinsdesign@comcast.net Civil Engineer and Survey: Morrison-Maierle 2880 Technology Blvd. W Bozeman, MT. 58718 Contact: Matt Ekstrom, PE Phone: (406) 922-6784 Email: mekstrom@m-m.net Legal: Swimley Law 1807 W. Dickerson, Unit B Bozeman, MT. 58718 Contact: Susan B. Swimley Phone: (406) 586-5544 Email: swimley@swimleylaw.com PAGE 12 237 BUFFALO RUN ZONE MAP AMENDMENT Bozeman, MT Land Planning  Landscape Architecture  Real Estate Feasibility  Development Consulting V: 303.893.4288 F: 303.893-6792  475 West 12th Avenue, Suite E, Denver, Colorado 80204  www.vogelassoc.com Project Overview Project Vision Buffalo Run is envisioned to be a residential community that will provide enduring value to the City of Bozeman and the region. A cohesive residential community and urban framework plan that is grounded in a constant set of integrated planning principles. The vision and directives for Buffalo Run were developed and influenced by several factors related to the environment, community and the social considerations within the region. Outlined below are the integrated planning principles that have been incorporated into the program and conceptual master plan. These principles are to serve as a guide for all levels and elements of design, phasing and implementation. The integrated planning principles are as follows. Principle One: Enhance community networks and open space. Principle Two: Identify and sustain green infrastructure. Principle Three: Protect environmental systems. Principle Four: Establish a diversity of housing types. Principle Five: Enhance Community connectivity. The above principles are consistent with City of Bozeman Community Plan principles including establishing cohesive neighborhoods that establishes a sense of place. Other principles include preserving natural amenities and incorporating appropriate urban densities that are consistent with the directives above and the enclosed urban framework plan. Buffalo Run is also envisioned and planned to advance the vision statements, goals and objectives outlined in the Bozeman Strategic Plan and Community Plan. This includes incorporating a diversity of housing to the area as required to support an “Innovative Economy” and “balanced” community. a. 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 context, services and amenities are convenient, visually pleasing, and properly integrated.” Buffalo Run is planned as a neighborhood that is configured within a development pattern that includes interconnected pedestrian-oriented streets, walkable blocks and a central open space system. Consistent with the City master plan objectives, this interconnected network of streets and walkable block configuration will reinforce a multi-modal transportation program that will include bicycle, pedestrian, vehicle, and transit mobility alternatives. A hierarchy of parks are programed to serve as human-scaled gathering areas. b. Community Quality Objective C-3.2: “Provide for neighborhood focal points to encourage local identity within the community and provide a place for social interaction.” Buffalo Run is configured to include a variety of focal points that will foster community gathering and social interaction. This includes the enlarged Meadow Creek Park, neighborhood greens, and community clubhouse. The central pedestrian street corridor creates a visual and physical connection to the community center, ponds and green space. This central amenity area serves as the focal point of the project. Other architectural elements and landmarks may be incorporated into the respective spaces. PAGE 13 238 BUFFALO RUN ZONE MAP AMENDMENT Bozeman, MT      c. Community Quality Objective C-3.5: “Integrate a wide variety of open lands, such as parks, trails, squares, greens, playing fields, natural areas, orchards and gardens, greenways, and other outdoor spaces into neighborhoods.” Buffalo Run is planned to include a hierarchy of parks and open space areas that accommodate a variety of active and passive recreation uses. These spaces also serve as community focal points and gathering areas. d. Housing Goal H-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.” e. Housing Objective 1.3: “Promote the provision of a wide variety of housing types in a range of costs to meet the diverse residential needs of Bozeman residents.” Rezoning the Buffalo Run parcel to R-5 will allow for a variety of housing to be implemented to accommodate a multi-generational and dimensional population. f. Housing Objective 1.4: “Recognize the role of housing in economic development.” Allowing for a diverse housing program/stock accommodates a more diverse and multi-income population. A reliable and diverse housing program is required to support employment generators including educational facilities. g. Housing Objective 2.1: “Encourage socially and economically diverse neighborhoods.” h. Housing Objective 3.3: “Promote the development of a wide variety of housing types, designs, and costs to meet the wide range of residential needs of Bozeman residents.” Buffalo Run and proposed zoning has the ability to provide much needed alternative housing choices. PAGE 14 239 BUFFALO RUN ZONE MAP AMENDMENT Bozeman, MT Land Planning  Landscape Architecture  Real Estate Feasibility  Development Consulting V: 303.893.4288 F: 303.893-6792  475 West 12th Avenue, Suite E, Denver, Colorado 80204  www.vogelassoc.com Context Plan and Existing Conditions Buffalo Run is located on approximately 20.3 acres that is located within unincorporated Gallatin County. Enclosed is a context plan for your reference. This 20.3 acres is located within the urban services boundary, on the southwest edge of the City of Bozeman. It is within proximity of other residential communities including the Meadow Creek subdivision that is located to the east. Other non-residential and educational uses within proximity of the Buffalo Run project include Montana State University and the Oracle Campus located to the northeast. The site is located within an Opportunity Zone which are areas designated for growth and development. The property is defined by Fowler Lane on the west and the Meadow Creek subdivision/park on the east. Undeveloped parcels currently utilized for agriculture are located on the north and south side of the Buffalo Run parcel. The Buffalo Run parcel is currently zoned Agricultural Suburban within the County providing for predominantly agricultural land uses. Parcels located on the north, west and south are zoned Agriculture Suburban. This parcel has historically been utilized for agricultural purposes. A single-family detached home and accessory structure is located within the northwest corner of the site. The Meadow Creek subdivision is located within the City of Bozeman and is zoned R3. Existing site characteristics includes gentle topography that includes expansive vistas to the surrounding mountains. Vegetation consists of predominantly grasslands and small clusters of trees that are located adjacent to the existing single-family home. An irrigation ditch transcends west to the central north section of the property. The irrigation ditch connects to a terraced pond system that is located within the northwest quadrant of the site. It has been confirmed that this irrigation system is not a designated water course. Currently access to the site is provided via Fowler Lane that is an unpaved road. Fowler Lane is designated as a future minor arterial. Kurk Drive is a paved street that also provides access at the northeast corner of the site. The project intends to make Kurk Drive the primary access point along with connections to 31st drive upon approval. Existing utilities on the site include electric and water via a well that are utilized for the existing home. Existing City water and sewer mains are located east of the parcel within the Meadow Creek subdivision. PAGE 15 240 BUFFALO RUN ZONE MAP AMENDMENT Bozeman, MT Land Planning  Landscape Architecture  Real Estate Feasibility  Development Consulting V: 303.893.4288 F: 303.893-6792  475 West 12th Avenue, Suite E, Denver, Colorado 80204  www.vogelassoc.com Urban Framework Plan This proposed amendment and urban framework plan promotes public health, safety and the general welfare of the community. A significant component of the plan includes establishing an urban framework plan that reinforces community goals with regards to establishing land uses and housing that will provide for a sustainable and innovative community. Planning objectives also include enhancing regional and community connectivity for pedestrian and transportation vehicles including mass transit. The framework also provides for additional parks and open space including enlarging the existing Meadow Creek park. PAGE 16 241 BUFFALO RUN ZONE MAP AMENDMENT Bozeman, MT Land Planning  Landscape Architecture  Real Estate Feasibility  Development Consulting V: 303.893.4288 F: 303.893-6792  475 West 12th Avenue, Suite E, Denver, Colorado 80204  www.vogelassoc.com Connectivity The proposed zoning amendment and urban framework plan will provide for fire and other emergency vehicles. This proposed amendment and urban framework work plan provides two points of access as outlined in the narrative below. The enclosed connectivity plan illustrates proposed vehicle and pedestrian connections. This includes utilizing open space, parks and pedestrian oriented streets to provide connections within and adjacent to the Buffalo Run project. Streets are configured to reinforce the urban grid that is envisioned for Bozeman and the region. This includes integrating and expanding the grid that has been established at the Meadow Creek subdivision. The street configuration is aligned to extend Kurk Drive to Fowler Lane and the adjacent street network including proposed north/south connections that may be constructed in the future. As illustrated, the grid and second point of access is to be provided via South 31st Ave to Meah Lane. Other improvements include completing the South 27th Avenue segment that is located within the existing easement. A segment of Blackwood Drive will also be completed which will also increase connectivity to the City arterial and collector system. This street network provides for walkable blocks that will provide alternative pedestrian and vehicle routes. The grid will further disperse traffic and provides a safe corridor for pedestrians. As illustrated on the enclosed exhibits, both public and private pedestrian-oriented streets are configured to connect with the open space and park system. The intent is to provide community and regional users alternative routes to access the park and trail amenities. This network will further be enhanced as the adjacent framework is developed in the future. The framework plan and park also propose extending the Meadow Trail to the west to the future Fowler Lane minor arterial. PAGE 17 242 BUFFALO RUN ZONE MAP AMENDMENT Bozeman, MT Land Planning  Landscape Architecture  Real Estate Feasibility  Development Consulting V: 303.893.4288 F: 303.893-6792  475 West 12th Avenue, Suite E, Denver, Colorado 80204  www.vogelassoc.com Parks and Open Space The Buffalo Run framework plan incorporates a comprehensive parks and open space system. As illustrated on the parks and open space plan, there is a hierarchy of spaces that have been configured within the plan. This open space program includes active play areas, passive open space and trail corridors. Pedestrian oriented streets and trail corridors connect parks and open space areas. As illustrated on the attached, an additional 2.6 acres of the parkland is to be dedicated to the existing Meadow Creek Park exceeding the required public land dedication. In addition to increasing the size of the park, additional improvements to the park are also proposed that may include sport courts, a pavilion and the relocation/enlargement of the existing neighborhood playground. Specific elements including the playground is to be located to provide access and use for both the Buffalo Run and Meadow Creek neighborhood. Upon further review with the parks department, specific program elements to be included in the park will be finalized. Located on the west side of the Buffalo Run neighborhood is existing seasonal terraced pond system that is being utilized to serve as a passive park area that will include a looped trail system, benches and other site elements. The clubhouse will serve as a community gathering space and may include a multi-purpose room, fitness facility and pool. Two neighborhood greens are located within the central portion of the community and adjacent to the proposed north/south 30’ trail corridor. These neighborhood greens are designed to accommodate shade structures, grills and other community amenities. The 30’ trail corridor provides a pedestrian connection to the adjacent north and south parcels that also includes access to the extended Meadow Trail. PAGE 18 243 BUFFALO RUN ZONE MAP AMENDMENT Bozeman, MT      Infrastructure, Utilities and Public Facilities Land Use and Zoning “ ” ’ Annexation PAGE 19 244 BUFFALO RUN ZONE MAP AMENDMENT Bozeman, MT      Zone Map Amendment Approval Criteria A. Be in accordance with a growth policy. growth policy’s descriptio “High imity to commercial centers.” B. Security, safety from fire and other dangers. C. Promote public health, public safety, and general welfare. require site plan review and compliance with the City’s Unified PAGE 20 245 BUFFALO RUN ZONE MAP AMENDMENT Bozeman, MT �and �lanning  �andscape �rchitecture  �eal �state �easi�ility  �evelopment Consulting �� ���.���.���� �� ���.��������  ��� �est ��th �venue� �uite �� �enver� Colorado �����  www.vogelassoc.com D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. �uffalo �un includes a street networ� that will enhance regional and community connectivity. �his networ� includes e�tensions to the e�isting street system and to �owler �ane. �he proposed networ� will e�pand to the City arterial and collector system. �ncorporating a gridded configuration of streets provide alternative routes and dispersed traffic. City water and sewer is located east of the parcel. �he intent is to e�tend the e�isting utilities as required to serve the �uffalo �un pro�ect. �he �uffalo �un infrastructure improvements will also include installing a sanitary sewer mainline in �owler �ane that will e�tend north to �tuc�y �oad. � comprehensive storm water system will also �e implemented. �he �uffalo �un pro�ect proposed e�panding the �eadow Cree� �ar� and incorporating additional recreational facilities. �ther pu�lic open space and par�s are included in the plan providing for a variety of gathering and recreation alternatives. E. Reasonable provision of adequate light and air. �epending on the pitch of the roof� the ��� district allows for �uilding heights that are �� feet higher than what is allowed in the ��� district. �his additional height allows for more fle�i�ility and articulation in the architectural design including roof forms. �dditional �uilding height allows for taller interior floor to floor dimensions and larger e�panses of windows and�or glass doors. �his not only provides more natural light into the units �ut increases the �uilding facade transparency and architectural interest. �he ��� affords more fle�i�ility to design more meaningful outdoor spaces including roof dec�s� which will �e dispersed amongst the unit types. �atural and healthier air flow is easier to achieve with taller interior spaces. F. The effect on motorized and non-motorized transportation systems. �s outlined a�ove and illustrated on the enclosed connectivity e�hi�it �see Connectivity �lan�� the intent is to e�tend the grid networ� of streets. �his grid pattern will provide for additional connections including the future e�tension of �ur� �rive and �outh ��st �venue. �uffalo �un will initially utili�e �ur� �rive and �outh ��st �venue for access. �hese streets are interconnected with the grid networ� that has �een esta�lished with the �eadow Cree� �u�division. �his networ� will provide alternative routes and further disperse traffic. �s the north and south parcels are developed� provisions have �een incorporated in the plan to provide additional connections and access alternatives. �his interconnected networ� of streets and wal�a�le �loc� configuration will reinforce a multi�modal transportation program that will include �icycle� pedestrian� vehicle� and transit mo�ility alternatives. �s illustrated on the ur�an framewor� plan� �ur� �rive is proposed to e�tend to �owler �ane. �hile higher residential density on the properties� would result in an increase in vehicle trips� the increase would �e minimal and have a negligi�le impact on the overall motori�ed transportation system. �u�lic and private streets are designed to provide pedestrian wal�s on �oth sides of the street. �he ��’ open space corridor located within the center of the property also includes a pedestrian wal�. �uffalo �un will also provide for an e�tension of the �eadow �rail regional trail system. �s a result of the a�ove factors� the proposed �one map amendment is not anticipated to have a negative effect on the motori�ed or non�motori�ed transportation systems. PAGE 21 246 BUFFALO RUN ZONE MAP AMENDMENT Bozeman, MT ���� ��������  �������p� ������������  ���� ������ �����������  �����op���� �o�������� �� ������������ �� ������������  ��� ���� ���� ������� ����� �� ������� �o�o���o �����  �����o������o���o� G. Promotion of compatible urban growth. Bozeman’s Unified Development Code, 38.700����� ������� �o�p������ �����op���� �� “��� ��� o� ���� ��� ��� �o��������o� ��� ��� o� ���������� ����� �� �� ����o�� ���� ���o����� �����op����� �������� ������o��oo��� ��� ��� �o��� ��� o����tives of the city’s adopted growth policy. Elements o� �o�p������ �����op���� �������� ��� ��� �o� ������� �o� ������� o� ������������� ������� ������ o� ������������� ��������� ������ ���������� ���������� �������� ������� �o� ��� �������� ����� �o��� o� op�����o�� ��� ���������o� ���� �������� �o������� ������� ��������� ����� ��� ����� ��������� ������� �������� �� ��� ����� �o�o����� ��� �o���o�o����� �����po�����o� ��� op�� �p���� ��� p����� �o�p������ �����op���� �o�� �o� ������� ����o����� o� �o�o�o�� o� ������������� o� ���� design, density or use.” �o�p������ ���� ��� �� �� “A land use which may by ������ o� ��� ��������������� o� ��� ����������� o������ ������� ����� �� ����o�� ���� �� ���o����� ���� ��� o� ��������� ���������� ������� o���� �������� �o ��������� �o�p��������� �������� ��� ��� �o� ������� �o �o���� o�o�� ����� ��� ��� p������� o� p������� ������� ���� �� �o��������� or explosive materials.” ��� ��o��� po���� ��ppo��� p�o������ � ������� o� �o����� op��o�� ���� ��������� ��p�o������ oppo���������� ��� �����po�����o� op��o��� ��� p�opo��� ��� ��������� ���� ������ ������ ����������� ��������� �� �� ���� ���� �o����� ������ p�o������ o� ��� �o����� ����� ���������� ��� ��� ������ ���p�� �o����� �o ��� �o�������� �� �o���� ��� ������� �o����� ��p� ������ ���� �������� �� p�������� ������ ������ ��������� ��o������ ����������� �o����� �� ��� ���� ���� ������� ��� �o����� op��o�� �o� ���� ��������� �� � ������������o��� pop�����o�� ��p������ ��� ����o� ����� p��� ��� p�o������ ������o��� op�� �p���� ����� �o������o� ��� ��������o��� oppo��������� ������� �����o���� ��� ���������� ��� ����� o� �o�������� �������� ������o��� ��������� ����� ���o p�o����� ��� �o���� �o������� �o�p���������� �� �o��� ��o��� ��� ������ ��o��� p������ ���� �� ������o��� �o o���� ��o�� ��� �o���� ���� �o����o� ��� �� ��� ����������o� o� ������oo� �� ���� ������� ������� �o�p���������� �� �� ������p���� ���� ������o��� �o�� ������������o�� ���� �� ��� ��� ��� ���� �� �o����� ��o�� ��� �o���� ���� �o����o�� H. Character of the district. ��� p�opo��� ��������� �o ��� �o��� ���o� �o� ������ ����������� ���������� �� ��� ����������� ����o������ ���� �� p�������� ����������� o� �������op��� ��� ������o� o� o������� ������������ ����o� ������ �o��� �� p�������� �� �������� ��� ��������� o� ��� ��������� �� �o���� ����� ���� ��� ������o��� �o o���� �� ���� ���� o� ��� ���� ��������� ��� �o���� ���� �o����o� �� ���������� I. Peculiar suitability for particular uses. ��� ������o ��� p�op���� �� �o����� ������ �� ���� ��� �������� �o � ���o� ������ ����o�� ���� �� p�o������ �o �� ���������� �� �o���� ��� ��� �������� ���o�� �o� ������� ����������� ���������� ��� �o�� ����������� ���� �� ��� ��� �������� ��� �o �� ���o����� �o ����������� �� � ������� ��� ���o��� ���� �� ��� ��� �������� ��� �������� �o� ���� ���� �� ��� ���� �o��� ������ p�������� ������������ J. Conserving the value of buildings. ��� ��� ���������o� ���o�� �o� ���� ������� ��������� ����������� �����op����� ��� �o����� ������� �����op���� �o�� ������� ���� �����op���� ���� �� p�������� ����������� ���� ������� �o��������� ��� po������� ������ �� �����op���� p������ ��������� ��o� ��� ��� ���������o� ���� p�o���� �o� ����������� ����������� ������������� ��p�� ��� ������� ����� ��� �o���� �o��� ��� ���� p������ ��� p���o�������� �������op�� ��� ��� �o���� ��������� ���� ���o� �o� ��������� �o �� �������� ��� �o��������� �o �o�p������ ��� ���� �� ������o��� �o �� ��������� ���� �o��������� ����� ��� ��� ����������� ����� ��� ������ po������� �o�������� ���� ��o�� �o���� ���� ��� ������� o����� ��� ��������� �o��������� PAGE 22 247 BUFFALO RUN ZONE MAP AMENDMENT Bozeman, MT �and �lanning  �andscape Architecture  �eal Estate �easibility  Development Consulting �� 303.8�3.��88 �� 303.8�3��7��  �7� �est ��th Avenue, �uite E, Denver, Colorado 80�0�  www.vogelassoc.com �he �eadow Cree� par� is designed to serve as an active recreation and gathering space. �ith the additional �.� acres being incorporated into the par�, it also serves as a significant buffer between the �eadow Cree� single family homes and higher density residential envisioned for Buffalo �un. As a result, the proposed zone map amendment is not anticipated to compromise existing buildings located within the area. K. Encourage the most appropriate use of land throughout the jurisdictional area. �he proposed ��� zone map amendment will encourage the most appropriate use of land as the growth policy designates the property as “Residential,” which the proposed R�� designation will implement. �he City is in need of additional housing to accommodate current and pro�ected demand including housing re�uired for the �racle Campus. �o meet this demand a variety of housing options near services, employment centers, and transportation options are needed. �his zone map amendment will help address this need by allowing for higher residential densities. Spot Zoning Criteria �he ��� zoning amendment does not constitute impermissible spot zoning. 1. �s the proposed use significantly different from the prevailing land uses in the area� �he re�uested zoning and the proposed use of the site is not “significantly” different from the prevailing uses in the area, as the �eadow Cree� subdivision to the east is also characterized as residential in both land use category and zoning. �herefore, the proposed ��� zoning designation would not result in primary uses of the site which are significantly different from prevailing land uses in proximity. �hile ��� does allow for limited commercial uses, this pro�ect is intending to construct a residential subdivision at this location. 2. �s the area re�uested for the rezone rather small in terms of the number of separate landowners benefited from the proposed change� ��� is an implementing zoning district for the �esidential land use category and may be utilized by any ad�acent property owner within this plan category. �oreover, the proposed zoning of ��� does not inhibit potential development of ad�acent sites. 3. �ould 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� �his initial zone map amendment does not represent special legislation designed to benefit the landowner at the expense of the ad�acent property owners. �his application demonstrates that the re�uested zoning of ��� is compatible with the zoning district’s plan. No substantial negative impacts to surrounding landowners have been identified due to this proposed zoning. PAGE 23 248 BUFFALO RUN ANNEXATION AND INITIAL ZONE MAP AMENDMENT APPLICATION Bozeman, MT March 30, 2020 249 BUFFALO RUN ANNEXATION AND ZONING AMENDMENT Bozeman, MT SHEET INDEX SUBMITTAL DOCUMENTS - COVER SHEET PAGE 1-3: A1 FORM PAGE 4-6: ANNX FORM ____________________________________ PAGE 7: PROJECT TEAM PAGE 8-9: PROJECT OVERVIEW PAGE 10: CONTEXT PLAN AND EXISTING CONDITIONS PAGE 11: URBAN FRAMEWORK PLAN PAGE 12: CONNECTIVITY PLAN PAGE 13: PARK AND OPEN SPACE PLAN PAGE 14-18: NARRATIVE CONTINUED BUFFALO RUN EXHIBITS - COVER SHEET PAGE 20: CONTEXT PLAN PAGE 21: URBAN FRAMEWORK PLAN PAGE 22: CONNECTIVITY PLAN: PAGE 23: PARK AND OPEN SPACE PLAN PAGE 24: EXISTING LAND USE PLAN PAGE 25: EXISITING ZONING MAP PAGE 26: ZONING PATTERN ANALYSIS SUPPLEMENTAL INFORMATION - COVER SHEET PAGE 28-30: PLATTING CERTIFICATE PAGE 31-33: ARTICLE OF ORGANIZATION PAGE 34-47: DEED PAGE 48-50: NOTICING MATERIALS 250 BUFFALO RUN ANNEXATION AND ZONING AMENDMENT Bozeman, MT SHEET INDEX- SUBMITTAL DOCUMENTS ________________________________ PAGE 1-3: A1 FORM PAGE 4-6: ANNX FORM 251 PAGE 1 To Be Determined 252 PAGE 253 2 PAGE 254 3 PAGE 255 4 PAGE 256 5 PAGE 257 6 BUFFALO RUN ANNEXATION AND ZONING AMENDMENT Bozeman, MT Land Planning  Landscape Architecture  Real Estate Feasibility  Development Consulting V: 303.893.4288 F: 303.893-6792  475 West 12th Avenue, Suite E, Denver, Colorado 80204  www.vogelassoc.com Buffalo Run Project Team The following is an outline of the Buffalo Run project team. Owner/Developer: Yellowstone Investment Group, LLC 40 Boxcar Lane Bozeman, MT. 59718 Contact: Derek Williams Phone: (303) 887-4045 Email: derek@bridgerdevelop.com Planner and Landscape Architect: Vogel & Associates, LLC 475 W. 12th Avenue, Suite E Denver, CO. 80204 Contact: Jeffrey Vogel, AICP Phone: (303) 893-4288 Email: jvogel@vogelassoc.com Architect: Intrinsik Architecture, Inc. 111 North Tracy Avenue Bozeman, MT. 59715 Contact: Robert Pertzborn, AIA Phone: (406) 582-8988 Email: rpertzborn@intrinsikarchitecture.com Ivins Design, LLC 7373 E. Ellsworth, Ave Denver, CO. 80209 Contact: Bruce Ivins, AIA Phone: (303) 829-0308 Email: ivinsdesign@comcast.net Civil Engineer and Survey: Morrison-Maierle 2880 Technology Blvd. W Bozeman, MT. 58718 Contact: Matt Ekstrom, PE Phone: (406) 922-6784 Email: mekstrom@m-m.net Legal: Swimley Law 1807 W. Dickerson, Unit B Bozeman, MT. 58718 Contact: Susan B. Swimley Phone: (406) 586-5544 Email: swimley@swimleylaw.com PAGE 258 7 BUFFALO RUN ANNEXATION AND ZONING AMENDMENT Bozeman, MT Project Overview Project Vision Buffalo Run is envisioned to be a residential community that will provide enduring value to the City of Bozeman and the region. A cohesive residential community and urban framework plan that is grounded in a constant set of integrated planning principles. The vision and directives for Buffalo Run were developed and influenced by several factors related to the environment, community and the social considerations within the region. Outlined below are the integrated planning principles that have been incorporated into the program and conceptual master plan. These principles are to serve as a guide for all levels and elements of design, phasing and implementation. The integrated planning principles are as follows. Principle One: Enhance community networks and open space. Principle Two: Identify and sustain green infrastructure. Principle Three: Protect environmental systems. Principle Four: Establish a diversity of housing types. Principle Five: Enhance Community connectivity. The above principles are consistent with City of Bozeman Community Plan principles including establishing cohesive neighborhoods that creates a sense of place. Other principles include preserving natural amenities and incorporating appropriate urban densities that are consistent with the directives above and the enclosed urban framework plan. Buffalo Run is also envisioned and planned to advance the vision statements, goals and objectives outlined in the Bozeman Strategic Plan and Community Plan. This includes incorporating a diversity of housing to the area as required to support an “Innovative Economy” and “balanced” community. a. 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 context, services and amenities are convenient, visually pleasing, and properly integrated.” Buffalo Run is planned as a neighborhood that is configured within a development pattern that includes pedestrian oriented streets, walkable blocks and a central open space system. A hierarchy of parks are programed to serve as human-scaled gathering areas. b. Community Quality Objective C-3.2: “Provide for neighborhood focal points to encourage local identity within the community and provide a place for social interaction.” Buffalo Run is configured to include a variety of focal points that will foster community gathering and social interaction. This includes the enlarged Meadow Creek Park, neighborhood greens, and community clubhouse. The central pedestrian street corridor creates a visual and physical connection to the community center, ponds and green space. This central amenity area serves as the focal point of the project. Other architectural elements and landmarks may be incorporated into the respective spaces. c. Community Quality Objective C-3.5: “Integrate a wide variety of open lands, such as parks, trails, squares, greens, playing fields, natural areas, orchards and gardens, greenways, and other outdoor spaces into neighborhoods.” Buffalo Run is planned to include a hierarchy of parks and open space areas that accommodate a variety of active and passive recreation uses. These spaces also serve as community focal points and gathering areas. This program will include providing for an enlarged Meadow Creek Park that will serve as a primary amenity for the existing Meadow Creek and proposed Buffalo Run neighborhood. The existing single-family home located PAGE 259 8 BUFFALO RUN ANNEXATION AND ZONING AMENDMENT Bozeman, MT within the east quadrant of the property will be re-purposed into a community clubhouse. The grounds surrounding the clubhouse may include a meandering trail around the enhanced ponds and gardens to support culinary programming and events. This facility will include a multi-purpose room, fitness center, pool and other amenities. d. Housing Goal H-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.” Buffalo Run is proposed to provide alternative housing types to a quadrant of the City that currently has been developed predominantly as single family detached. A diverse housing program within the Buffalo Run community will include a mix of for-sale and for rent product ranging from 1 bedroom to 3 bedrooms. The diversity in unit sizes will allow for young singles or professionals while the larger units offer options for families and retirees. The mix of for-sale and for rent product provides residents a variety of financial options and opportunities for home ownership at reasonable market rates. e. Housing Objective 1.3: “Promote the provision of a wide variety of housing types in a range of costs to meet the diverse residential needs of Bozeman residents.” Rezoning the Buffalo Run parcel to R-5 will allow for a variety of housing to be implemented to accommodate a multi-generational and dimensional population. f. Housing Objective 1.4: “Recognize the role of housing in economic development.” Allowing for a diverse housing program/stock accommodates a more diverse and multi-income population. A reliable and diverse housing program is required to support employment generators including educational facilities. g. Housing Objective 2.1: “Encourage socially and economically diverse neighborhoods.” Buffalo Run proposes incorporating a variety of housing and recreational amenities for a variety of residents and users. The additional housing alternatives and amenity program will provide for a more balanced and enriched neighborhood. Within the immediate context of a large single-family housing stock, the project proposes for-sale and for rent product that addresses the needs of residents attending or employed at MSU, the Oracle Campus and the rising young professional demographic. h. Housing Objective 3.3: “Promote the development of a wide variety of housing types, designs, and costs to meet the wide range of residential needs of Bozeman residents.” Buffalo Run and proposed zoning has the ability to provide much needed alternative housing choices. PAGE 260 9 BUFFALO RUN ANNEXATION AND ZONING AMENDMENT Bozeman, MT Context Plan and Existing Conditions Buffalo Run is located on approximately 20.3 acres that is located within unincorporated Gallatin County. Enclosed is a context plan for your reference. This 20.3 acres is located within the urban services boundary, on the southwest edge of the City of Bozeman. It is within proximity of other residential communities including the Meadow Creek subdivision that is located to the east. Other non-residential and educational uses within proximity of the Buffalo Run project include Montana State University and the Oracle Campus located to the northeast. The site is located within an Opportunity Zone which are areas designated for growth and development. The property is defined by Fowler Lane on the west and the Meadow Creek subdivision/park on the east. Undeveloped parcels currently utilized for agriculture are located on the north and south side of the Buffalo Run parcel. The Buffalo Run parcel is currently zoned Agricultural Suburban within the County providing for predominantly agricultural land uses. Parcels located on the north, west and south are zoned Agriculture Suburban. This parcel has historically been utilized for agricultural purposes. A single-family detached home and accessory structure is located within the northwest corner of the site. The Meadow Creek subdivision is located within the City of Bozeman and is zoned R3. Existing site characteristics includes gentle topography that includes expansive vistas to the surrounding mountains. Vegetation consists of predominantly grasslands and small clusters of trees that are located adjacent to the existing single-family home. An irrigation ditch transcends west to the central north section of the property. The irrigation ditch connects to a terraced pond system that is located within the northwest quadrant of the site. It has been confirmed that this irrigation system is not a designated water course. Currently access to the site is provided via Fowler Lane that is an unpaved road. Fowler Lane is designated as a future minor arterial. Kurk Drive is a paved street that also provides access at the northeast corner of the site. The project intends to make Kurk Drive the primary access point along with connections to 31st drive upon approval. Existing utilities on the site include electric and water via a well that are utilized for the existing home. Existing City water and sewer mains are located east of the parcel within the Meadow Creek subdivision. PAGE 10 Blackwood Rd Montana State University Oracle Campus Bobcat Stadium SITE 1 mile 2 mile 3 mile Bozeman Health Deaconess Hospital Downtown Bozeman Stucky Rd Blackwood Rd S 19th Ave Fowler Ln 261 BUFFALO RUN ANNEXATION AND ZONING AMENDMENT Bozeman, MT Urban Framework Plan This proposed amendment and urban framework plan promotes public health, safety and the general welfare of the community. A significant component of the plan includes establishing an urban framework plan that reinforces community goals with regards to establishing land uses and housing that will provide for a sustainable and innovative community. Planning objectives also include enhancing regional and community connectivity for pedestrian and transportation vehicles including mass transit. The framework also provides for additional parks and open space including enlarging the existing Meadow Creek park. PAGE 262 11 BUFFALO RUN ANNEXATION AND ZONING AMENDMENT Bozeman, MT Connectivity The proposed zoning amendment and urban framework plan will provide for fire and other emergency vehicles. This proposed amendment and urban framework work plan provides two points of access as outlined in the narrative below. The enclosed connectivity plan illustrates proposed vehicle and pedestrian connections. This includes utilizing open space, parks and pedestrian oriented streets to provide connections within and adjacent to the Buffalo Run project. Streets are configured to reinforce the urban grid that is envisioned for Bozeman and the region. This includes integrating and expanding the grid that has been established at the Meadow Creek subdivision. The street configuration is aligned to extend Kurk Drive to the future Fowler Lane minor arterial and adjacent street network including proposed north/south connections that may be constructed in the future. As illustrated, the grid and second point of access is to be provided via South 31st Ave to Meah Lane. This street network provides for walkable blocks that will provide alternative pedestrian and vehicle routes. The grid will further disperse traffic and provides a safe corridor for pedestrians. As illustrated on the enclosed exhibits, both public and private pedestrian-oriented streets are configured to connect with the open space and park system. The intent is to provide community and regional users alternative routes to access the park and trail amenities. This network will further be enhanced as the adjacent framework is developed in the future. The framework plan and park also propose extending the Meadow Trail to the west to the future Fowler Lane minor arterial. PAGE 263 12 BUFFALO RUN ANNEXATION AND ZONING AMENDMENT Bozeman, MT Parks and Open Space The Buffalo Run framework plan incorporates a comprehensive parks and open space system. As illustrated on the parks and open space plan, there is a hierarchy of spaces that have been configured within the plan. This open space program includes active play areas, passive open space and trail corridors. Pedestrian oriented streets and trail corridors connect parks and open space areas. As illustrated on the attached, an additional 2.6 acres of the parkland is to be dedicated to the existing Meadow Creek Park exceeding the required public land dedication. In addition to increasing the size of the park, additional improvements to the park are also proposed that may include sport courts, a pavilion and the relocation/enlargement of the existing neighborhood playground. Specific elements including the playground is to be located to provide access and use for both the Buffalo Run and Meadow Creek neighborhood. Upon further review with the parks department, specific program elements to be included in the park will be finalized. Located on the west side of the Buffalo Run neighborhood is existing seasonal terraced pond system that is being utilized to serve as a passive park area that will include a looped trail system, benches and other site elements. The clubhouse will serve as a community gathering space and may include a multi-purpose room, fitness facility and pool. Two neighborhood greens are located within the central portion of the community and adjacent to the proposed north/south 30’ trail corridor. These neighborhood greens are designed to accommodate shade structures, grills and other community amenities. The 30’ trail corridor provides a pedestrian connection to the adjacent north and south parcels that also includes access to the extended Meadow Trail. PAGE 264 13 BUFFALO RUN ANNEXATION AND ZONING AMENDMENT Bozeman, MT Infrastructure, Utilities and Public Facilities In addition to the transportation network described above, City water and sewer services will be incorporated into the community. This will include extending central water and sewer from the Meadow Creek subdivision. Other utilities including natural gas and electric will also be extended to the parcel. Renewable energy alternatives are also being considered and evaluated. Meadow Creek Park and proposed trail corridors will be provided for public use. Public access will also be provided to the community open space area surrounding the clubhouse. Land Use and Zoning The proposed zoning is in accordance with City growth policies. In keeping with the principles and directives outlined above, the Buffalo Run development plan is proposed to include multi-household residential housing that will offer both “for sale” and rental housing choices. Incorporating multi-household residential within this area of the City will create additional housing diversity. Providing housing for different income levels and demographic groups is a critical component in establishing a sustainable and multi-dimensional community. The current site plan meets the R-4 zoning density requirements; however, the R-5 classification affords more design flexibility and will therefore yields a higher quality project for the future residents. R-5 provides a platform for architectural relief and variations in roof profiles, improved quality of interior space and natural light. The variable roof lines and building heights will procure a more sophisticated profile and architectural diversity. As illustrated on the City of Bozeman General Land Use Plan, the southern quadrant of the City is predominantly comprised of single-household detached units with isolated pockets for multi-household residential. As the southwest quadrant of the City continues to urbanize, the intent is to provide additional locations that can accommodate a diverse housing stock and contribute to the character of the District that is envisioned for this area. This land use pattern will reinforce more compatible urban growth within the southwest quadrant of the City. Given that Fowler Lane is designated as a minor arterial, it is anticipated that this corridor will be urbanized to include residential and mixed land use designations that will be compatible with the proposed R-5 zoning and higher density residential. As illustrated on the attached land use exhibit, it is anticipated that future growth along Fowler Lane and other collectors and arterials will include more broad land use classifications with zoning that will support more mixed use and high density residential. Buffalo Run’s proximity to the University and Oracle campus provides an opportunity for student and workforce and young professionals. A multi-household development program is contemplated to include one-bedroom, two-bedroom and three- bedroom units. Utilizing the framework that has been established with the plan, all residents will have convenient access to community and regional amenities. The intent is to annex the parcel into the City of Bozeman utilizing a zoning classification of R-5. This zoning classification will allow for the multi-household residential that will include a minimum gross density of 8 dwelling units per acre. This proposed zoning does not adversely affect other potential zone districts that may be designated for the parcels located to the north and south of the Buffalo Run parcel. The urban framework plan reflects principles, standards and patterns that integrate with the existing neighborhood and future urban growth areas. Annexation The intent is to annex the 20.3 acres parcel to the City of Bozeman. Enclosed is the application including the checklist that addresses items 1-2. Outlined below are responses to items 3-9. 3. Is the property is currently in agricultural use please identify current crops/conditions Response: The area adjacent to the existing house is comprised of turf. Native grasses are located on the balance of the site. 4. Number of residential units existing on the property? Response: There is one single family structure located on the west side of the property. PAGE 265 14 BUFFALO RUN ANNEXATION AND ZONING AMENDMENT Bozeman, MT 5. Number and type of commercial structures on the property? Response: No commercial structures are located on the property. An accessory agriculture building is located on the site. 6. Estimate of existing population on the property? Response: The existing home is currently accommodating two adults. 7. Assessed value of the property? Response: Assessed Value $2,200,000. 8. Existing on-site facilities and utilities (gas, power, telephone, cable, septic systems, wells)? Response: Utilities that including electric, gas, power, telephone, cable, a septic system and a well is provided for the existing house. Zone Map Amendment Approval Criteria As outlined on the enclosed application, the intent is to amend the zone map to include the R-5 zone classification. Outlined below is a summary of the review criteria for this zoning amendment. A. Be in accordance with a growth policy. The future land use map in the Bozeman Community Plan (growth policy) designates the subject property as Residential. Under the growth policy’s description of the residential future land use category it states “High density residential areas should be established near commercial centers to facilitate the provision of services and employment opportunities to persons without requiring the use of an automobile. Implementation of this category by residential zoning should provide for and coordinate intensive residential uses in proximity to commercial centers.” Buffalo Run is located adjacent to Fowler Lane which is proposed as a minor arterial. The Fowler Lane and Blackwood Rd intersection is located just south of the Buffalo Run parcel. It is anticipated that this intersection will be developed in the future to include residential/commercial centers and higher density residential. Enclosed is an exhibit (see Potential Zoning Pattern Analysis) illustrating a potential land use and zoning pattern for the Fowler Lane, Blackwood Rd and Stucky Rd. The proposed R-5 would be consistent with this growth pattern. B. Security, safety from fire and other dangers. Buffalo Run will be served by City emergency services, including police and fire. The proposed street network will provide multiple routes and access points for emergency vehicles. C. Promote public health, public safety, and general welfare. The Buffalo Run project will require site plan review and compliance with the City’s Unified Development Code which ensures the promotion of public health, safety and general welfare. This proposed plan allows for additional housing alternatives and provides significant public parks and open space. D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. Buffalo Run includes a street network that will enhance regional and community connectivity. This network includes extensions to the existing street system and Fowler Lane. Incorporating a gridded configuration of streets provide alternative routes and dispersed traffic. PAGE 266 15 BUFFALO RUN ANNEXATION AND ZONING AMENDMENT Bozeman, MT PAGE 16 City water and sewer is located east of the parcel. The intent is to extend the existing utilities as required to serve the Buffalo Run project. A comprehensive storm water system will also be implemented. The Buffalo Run project proposed expanding the Meadow Creek Park and incorporating additional recreational facilities. Other public open space and parks are included in the plan providing for a variety of gathering and recreation alternatives. E. Reasonable provision of adequate light and air. Depending on the pitch of the roof, the R-5 district allows for building heights that are 10 feet higher than what is allowed in the R-4 district. This additional height allows for more flexibility and articulation in the architectural design including roof forms. Additional building height allows for taller interior floor to floor dimensions and larger expanses of windows and/or glass doors. This not only provides more natural light into the units but increases the building facade transparency and architectural interest. The R-5 affords more flexibility to design more meaningful outdoor spaces including roof decks, which will be dispersed amongst the unit types. Natural and healthier air flow is easier to achieve with taller interior spaces. F. The effect on motorized and non-motorized transportation systems. As outlined above and illustrated on the enclosed connectivity exhibit (see Connectivity Plan), the intent is to extend the grid network of streets. This grid pattern will provide for additional connections including the future extension of Kurk Drive and South 31st Avenue. Buffalo Run will initially utilize Kurk Drive and South 31st Avenue for access. These streets are interconnected with the grid network that has been established with the Meadow Creek Subdivision. This network will provide alternative routes and further disperse traffic. As the north and south parcels are developed, provisions have been incorporated in the plan to provide additional connections and access alternatives. As illustrated on the urban framework plan, Kurk Drive is proposed to extend to Fowler Lane. While higher residential density on the properties, would result in an increase in vehicle trips, the increase would be minimal and have a negligible impact on the overall motorized transportation system. Public and private streets are designed to provide pedestrian walks on both sides of the street. The 30’ open space corridor located within the center of the property also includes a pedestrian walk. Buffalo Run will also provide for an extension of the Meadow Trail regional trail system. As a result of the above factors, the proposed zone map amendment is not anticipated to have a negative effect on the motorized or non-motorized transportation systems. G. Promotion of compatible urban growth. Bozeman’s Unified Development Code, 38.700.404, 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.” Compatible land use is as “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 267 BUFFALO RUN ANNEXATION AND ZONING AMENDMENT Bozeman, MT 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 growth policy supports providing a variety of housing options near services, employments opportunities, and transportation options. The proposed R-5 amendment will enable higher residential densities in an area that located within proximity of the Montana State University and the Oracle Campus located to the northeast. As noted, the current housing type within this quadrant is primarily single family detached. Providing alternative housing in the area will enhance the housing options for what currently is a multidimensional population. Expanding the Meadow Creek park and providing additional open space, trail connection and recreational opportunities further reinforces the livability and sense of community. Creating additional gathering areas also provides and foster community compatibility. As noted above, the future growth pattern that is envisioned to occur along the Fowler Lane corridor and at the intersection of Blackwood Rd will further enhance compatibility. It is anticipated that additional zone classifications such as R-O and R-5 will be located along the Fowler Lane corridor. H. Character of the district. The proposed amendment to R-5 would allow for higher residential densities. As the immediately surrounding area is primarily residential or undeveloped, the addition of offices, restaurants, and/or retail could be perceived as changing the character of the district. As noted, these uses are envisioned to occur as this area of the City including the Fowler Lane corridor is urbanized. I. Peculiar suitability for particular uses. The Buffalo Run property is located within an area and adjacent to a major street network that is projected to be urbanized. As noted, the R-5 district allows for greater residential densities. All non- residential uses in the R-5 district are to be secondary to residences. As a result, the allowed uses in the R-5 district are suitable for this site as the area would remain primarily residential. J. Conserving the value of buildings. The R-5 designation allows for high density mixed-use residential development, the Bozeman Unified Development Code ensures that development will be primarily residential with limited commercial. The potential change in development pattern resulting from the R-5 designation will provide for alternative residential architectural types and styles. While the north, south and west parcels are predominantly undeveloped the R-5 zoning amendment will allow for buildings to be designed and constructed to compliment and that is envisioned to be urbanized with commercial, mixed use and residential uses. The future potential commercial uses along Fowler Lane may include office and mixed-use commercial. The Meadow Creek park is designed to serve as an active recreation and gathering space. With the additional 2.6 acres being incorporated into the park, it also serves as a significant buffer between the Meadow Creek single family homes and higher density residential envisioned for Buffalo Run. As a result, the proposed zone map amendment is not anticipated to compromise existing buildings located within the area. K. Encourage the most appropriate use of land throughout the jurisdictional area. The proposed R-5 zone map amendment will encourage the most appropriate use of land as the growth policy designates the property as “Residential,” which the proposed R-5 designation will implement. The City is in need of additional housing to accommodate current and projected demand including housing required for the Oracle Campus. To meet this demand a variety of housing options near services, employment centers, and transportation options are needed. This zone map amendment will help address this need by allowing for higher residential densities. PAGE 268 17 BUFFALO RUN ANNEXATION AND ZONING AMENDMENT Bozeman, MT Spot Zoning Criteria The R-5 zoning amendment does not constitute impermissible spot zoning. 1. Is the proposed use significantly different from the prevailing land uses in the area? The requested zoning and the proposed use of the site is not “significantly” different from the prevailing uses in the area, as the Meadow Creek subdivision to the east is also characterized as residential in both land use category and zoning. Therefore, the proposed R-5 zoning designation would not result in primary uses of the site which are significantly different from prevailing land uses in proximity. While R-5 does allow for limited commercial uses, this project is intending to construct a residential subdivision at this location. 2. Is the area requested for the rezone rather small in terms of the number of separate landowners benefited from the proposed change? R-5 is an implementing zoning district for the Residential land use category and may be utilized by any adjacent property owner within this plan category. Moreover, the proposed zoning of R-5 does not inhibit potential development of adjacent sites. 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? This initial zone map amendment does not represent special legislation designed to benefit the landowner at the expense of the adjacent property owners. This application demonstrates that the requested zoning of R-5 is compatible with the zoning district’s plan. No substantial negative impacts to surrounding landowners have been identified due to this proposed zoning. PAGE 269 18 SHEET INDEX - EXHIBITS __________________________ PAGE 24: CONTEXT PLAN PAGE 25: URBAN FRAMEWORK PLAN PAGE 26: CONNECTIVITY PLAN PAGE 27: PARK AND OPEN SPACE PLAN PAGE 28: EXISTING LAND USE PLAN PAGE 29: EXISTING ZONING MAP PAGE 30: POTENTIAL ZONING PATTERN ANALYSIS BUFFALO RUN ZONE MAP AMENDMENT - EXHIBITS Bozeman, MT 270 PAGE 24 271 PAGE 25 272 PAGE 26 273 PAGE 27 274 PAGE 28 275 PAGE 29 276 PAGE 30 277 BUFFALO RUN SUBDIVISION SEWER SYSTEM IMPROVEMENTS PRELIMINARY SANITARY SEWER COLLECTION DESIGN REPORT July 2020 PREPARED BY: MMI #: 6475.002 278 Table of Contents 1 EXECUTIVE SUMMARY ...................................................................................................................... 1 2 PROBLEM DEFINED (DEQ 11.11) ...................................................................................................... 1 3 DESIGN CONDITIONS (DEQ 11.12) ................................................................................................... 1 4 IMPACT ON EXISTING WASTEWATER FACILITIES (11.13) ............................................................ 3 5 PROJECT DESCRIPTION (11.14) ....................................................................................................... 4 6 DRAWINGS (11.15) .............................................................................................................................. 4 7 DESIGN CRITERIA (11.16) .................................................................................................................. 4 8 SITE INFORMATION (11.17) ............................................................................................................... 4 9 ALTERNATIVE SELECTION/ANALYSIS (11.18) ................................................................................ 4 10 ENVIRONMENTAL IMPACTS (11.19) ............................................................................................. 4 APPENDICES Appendix A Location Map (by Vogel & Associates) Appendix B Collection System Map (from City of Bozeman GIS Infrastructure Viewer) Appendix C As-built Plans (from Meadow Creek Subdivision by Engineering, Inc.) Appendix D Sewer Capacity Calculations Appendix E NRCS Soils Report Appendix F Geotechnical Report Prepared by: Morrison-Maierle, Inc. 2880 Technology Blvd. W. Bozeman, Montana 59771 Phone: (406) 587-0721 Fax: (406) 922-6702 279 Written By: LRH________ Checked By: MEE Approved By: JRN Project No.: 6475.002 N:\6475\002 - Topo and Boundary Survey\04 Design\Reports\Preliminary Sewer Report 2020\Preliminary_BuffaloRunSewerReport.docx 280 1 Buffalo Run Subdivision Preliminary Sewer Collection Design Report 1 EXECUTIVE SUMMARY This design report provides a basis of design for the Buffalo Run Subdivision sewer main extension improvements project and is submitted in conjunction with the completed plans and specifications. The sewer distribution system serving the Buffalo Run Subdivision will be designed and installed in accordance with the Montana Department of Environmental Quality (MDEQ) Circular No. 2; Montana Public Works Standard Specifications (MPWSS); The City of Bozeman Modifications to MPWSS; and the City of Bozeman Wastewater Facility Plan. The design report is to verify that there is an adequate capacity to receive wastewater flows from the proposed development. An analysis of the capacity of the downstream receiving infrastructure will be provided. The following design report follows the section numbering of the Circular DEQ-2 Standards for Public Sewage Systems (2018 Edition). 2 PROBLEM DEFINED (DEQ 11.11) a. The Buffalo Run Subdivision is located off of Kurk Drive between S 31st Ave and Fowler Ln. This project is currently located adjacent to the boundary of the City of Bozeman, Montana. See the vicinity map for location details. Yellowstone Investment Group, PLLC plans to construct thirteen (13) condominium buildings and a clubhouse as part of this development. This project involves extending approximately 2,945 feet of a new 8-inch sewer main extensions and 10 sewer manholes to serve the proposed development. Sewer facilities included in this project will be designed in accordance with Montana Department of Environmental Quality (MDEQ) regulations. Flow and population data for the project will be consistent with the City’s approved Facilities Plan, where applicable. 3 DESIGN CONDITIONS (DEQ 11.12) The proposed development includes thirteen (13) buildings with 288 dwelling units (see info included in Appendix A). The capacity requirement for the sewer main extension is calculated as follows: Residential Flows 288 dwelling units (DU) Population = ~623 persons (288 DU x 2.17 people/DU) Design Values from 2014 Wastewater Facility Plan 2.17 People per DU 64.4 gallons per day (GPD) per person 2.17 people/DU * 64.4 GPD/person = 140 GPD/DU 281 2 Table 1: Sewer Flow Summary - Residential BUILDING TOTAL DU POPULATION AVG DAY FLOW (PEOPLE) (GPD) 1 20 43 2,800 2 20 43 2,800 3 24 52 3,360 4 20 43 2,800 5 24 52 3,360 6 22 48 3,080 7 24 52 3,360 8 22 48 3,080 9 20 43 2,800 10 24 52 3,360 11 20 43 2,800 12 24 52 3,360 13 24 52 3,360 TOTALS 288 623 40,320 ADF = 288 DU x 140 GPD/DU = 40,320 GPD Community Clubhouse Flows Assume (4) employees work out of the clubhouse Assume 1/3 of the total population use the clubhouse per day = 623/3 = 208 people ADF = (4 employees)(13 GPD) + (208 patrons/day)(3 GPD) = 676 GPD Infiltration ADF = 20.00 acres x 150 gallons/acre/day (COB Design Standards) = 3,000 GPD Total Average Day Flow Total Average Day Flow (TADF) = 40,320 GPD + 676 GPD + 3,000 GPD = 43,996 GPD = 30.5 GPM Total Peak Day Flow Population = TADF / 64.4 (GPD/person) = 43,996 GPD / 64.4 (GPD/person) = 684 people 𝑃𝑃𝑃𝑃 = 18+√0.650 4+√0.650 = 3.90 𝑃𝑃𝑃𝑃 = 𝑄𝑄𝑄𝑄𝑄𝑄𝑄𝑄 𝑄𝑄𝑄𝑄𝑄𝑄𝑄𝑄 = 18 + √𝑃𝑃 4 + √𝑃𝑃 ; (𝑃𝑃 = 𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑄𝑄𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃 𝑃𝑃𝑃𝑃 𝑃𝑃ℎ𝑃𝑃𝑃𝑃𝑜𝑜𝑄𝑄𝑃𝑃𝑜𝑜𝑜𝑜) 282 3 Total Peak Day Flow = (ADFResidential + ADFClubhouse) x PF + ADFInfiltration = (40,320 GPD + 676 GPD) x 3.90 + 3,000 GPD = 162,898 GPD = 113 GPM Maximum flow within sewer mains installed at minimum grade (per DEQ-2) with a roughness coefficient (n) value of 0.013 are provided in the table below for typical main sizes. As illustrated below, an 8-inch pipe size is adequate for all sewer mains included within this development. Table 2: Sewer Main Capacity (SDR-35 PVC) NOMINAL PIPE SIZE MINIMUM SLOPE FLOW DEPTH CAPACITY CAPACITY (in) (ft/ft) (d/D) (GPD) (GPM) 8" 0.0040 0.75 438,500 305 10" 0.0028 0.75 665,200 462 12" 0.0022 0.75 937,400 651 Notes: - Flows were calculated using actual inside diameters of standard SDR-35 sewer pipe. 4 IMPACT ON EXISTING WASTEWATER FACILITIES (11.13) Impact on Downstream Flows – 8” Sewer – Kurk Drive The City of Bozeman has required the examination of the capacity of the existing downstream receiving sewer main in Kurk Drive (east of South 30th Avenue). The existing Meadow Creek Subdivision is currently the only contributor to the existing 8-inch sewer main in Kurk Dr. The Meadow Creek Subdivision is comprised entirely of residential development. The subdivision flow is conveyed to the 8-inch onsite sewer main, and subsequently conveyed east to the 12- inch sewer main along Enterprise Blvd. The 12-inch sewer main conveys wastewater north to the City of Bozeman Wastewater Treatment Plant. Based on the Meadow Creek Subdivision water and wastewater design report submitted to the city, the 8-inch main in Kurk Drive was designed to receive a peak demand of approximately 40 GPM. The capacity of 8-inch sewer mains installed at minimum grade is 305 GPM as shown in Table 2 above. Table 3 below indicates the analysis of this receiving sewer main. Table 3: Downstream Main Capacity Analysis LOCATION NOMINAL SIZE TOTAL CAPACITY (0.75 d/D) EXISTING FLOW AVAILABLE CAPACITY (in) (GPM) (GPM) (GPM) Kurk Dr 8 305 40 265 283 4 The proposed Buffalo Run Subdivision is estimated to have a peak flow of 157 GPM, which is less than the 265 GPM available capacity specified in Table 3 above. Therefore, the 8” receiving main in Kurk Dr is sufficiently sized to handle flow from the proposed development and would have an excess capacity of 152 GPM for future developments. 5 PROJECT DESCRIPTION (11.14) The sewer main extension for the Buffalo Run Subdivision will include the construction of approximately 2,945 feet of a new 8-inch SDR 35 PVC sanitary sewer main extensions and (10) 48” diameter sewer manholes. 6 DRAWINGS (11.15) Drawings identifying the site of the project, including the location and alignment of proposed facilities, will be provided with the final design report submitted with the future infrastructure plans. 7 DESIGN CRITERIA (11.16) Design criteria including average and peak flows as well as sewer depth information were provided in previous sections. The proposed sewer mains conform to the State’s minimum vertical and horizontal separation criteria from water mains. The proposed conventional gravity sewer collection system is to be constructed to City of Bozeman and the current edition of Montana Public Works (MPW) Standard Specifications. The sewer mains shall be 8-inch diameter SDR 35 Polyvinyl Chloride (PVC) pipe. All manholes shall be standard concrete manholes spaced no more than 400 feet apart. 8 SITE INFORMATION (11.17) The property is currently zoned Agricultural Suburban and is located within the Gallatin County / Bozeman Area district but is being proposed for annexation into the City of Bozeman. The Buffalo Run Subdivision is located off of Kurk Drive between S 31st Ave and Fowler Ln. The property for the proposed development is currently an improved rural property which slopes gently to the north with existing grades of less than 4% and mostly Turner loam and Hyalite- Beaverton complex deposits (USDA, Natural Resources Conservation Service, Web Soil Survey) as shown in Appendix E. The groundwater levels onsite range between approximately 1 and 5 feet below existing grade based on well monitoring performed from March 2020 to July 2020. 9 ALTERNATIVE SELECTION/ANALYSIS (11.18) No proposed alternatives were considered 10 ENVIRONMENTAL IMPACTS (11.19) There are no expected environmental impacts from this sewer main extension, as the City of Bozeman Wastewater Treatment Plant has more than adequate capacity for this extension. 284 A APPENDIX A LOCATION MAP (by Vogel & Associates) 285 BUFFALO RUN Bozeman, Montana Land Planning 䘆 Landscape Architecture 䘆 Development Consulting 475 W. 12th Avenue - Suite E - Denver, Colorado 80204-3688 - (303) 893-4288 SITE DATA - DENSITY AND PARKING CONTEXT MAP NTS March 05, 2020 286 B APPENDIX B COLLECTION SYSTEM MAP (from City of Bozeman GIS Infrastructure Viewer) 287 VERIFY SCALE! THESE PRINTS MAY BE REDUCED. LINE BELOW MEASURES ONE INCH ON ORIGINAL DRAWING. MODIFY SCALE ACCORDINGLY! COPYRIGHT © MORRISON-MAIERLE, INC., 2020 SHEET NUMBER PROJECT NUMBER DRAWING NUMBER NO. DESCRIPTION BY DATE N:\6475\002 - TOPO AND BOUNDARY SURVEY\ACAD\EXHIBITS\2020_PRELIMWATERSEWERDISTRIBUTION.DWG PLOTTED BY:LEE HAGEMAN ON Jul/25/2020 REVISIONS DRAWN BY: DSGN. BY: APPR. BY: DATE: Q.C. REVIEW DATE: BY: 2880 Technology Blvd West Bozeman, MT 59718 406.587.0721 www.m-m.net engineers surveyors planners scientists Morrison Maierle BUFFALO RUN SUBDIVISION BOZEMAN MONTANA EXISTING WASTEWATER COLLECTION MAP (FROM CITY OF BOZEMAN GIS MAPPER) 6475.002 EX-2 LRH 07/2020  BUFFALO RUN SUBDIVISION KURK DR S 30TH AVE ALLEY MEADOW CREEK SUBDIVISION PHASE 1 288 C APPENDIX C AS-BUILT PLANS (from Meadow Creek Subdivision by Engineering, Inc.) 289 290 291 D APPENDIX D SEWER CAPACITY CALCULATIONS 292 BUFFALO RUN SUBDIVISION SEWER CAPACITY CALCULATIONS SANITARY SEWER MAIN CAPACITY FOR COMMON SDR-35 NOMINAL PIPE SIZE AVERAGE ID MINIMUM SLOPE FLOW DEPTH CAPACITY CAPACITY (in) (in) (ft/ft) (d/D) (GPD) (GPM) 8" 7.92 0.0040 0.75 438,500 305 10" 9.90 0.0028 0.75 665,200 462 12" 11.78 0.0022 0.75 937,400 651 Notes: - Flows were calculated using actual inside diameters of standard SDR-35 sewer pipe. DOWNSTREAM COLLECTING MAIN CAPACITY NOMINAL SIZE TOTAL CAPACITY (0.75 d/D) EXISTING FLOW AVAILABLE CAPACITY (in) (GPM) (GPM) (GPM) Kurk Dr 8 305 40.15 264 Notes: - Existing flow was determined based on the design report for the Meadow Creek Subdivision (BOZ-05021.02) dated February 2006 LOCATION N:\6475\002 - Topo and Boundary Survey\04 Design\Calcs\Wastewater\SewerMainCapacity.xlsx 1 of 1 293 294 295 E APPENDIX E NRCS SOILS REPORT 296 United States Department of Agriculture A product of the National Cooperative Soil Survey, a joint effort of the United States Department of Agriculture and other Federal agencies, State agencies including the Agricultural Experiment Stations, and local participants Custom Soil Resource Report for Gallatin County Area, Montana Buffalo Run Natural Resources Conservation Service July 20, 2020297 Preface Soil surveys contain information that affects land use planning in survey areas. They highlight soil limitations that affect various land uses and provide information about the properties of the soils in the survey areas. Soil surveys are designed for many different users, including farmers, ranchers, foresters, agronomists, urban planners, community officials, engineers, developers, builders, and home buyers. Also, conservationists, teachers, students, and specialists in recreation, waste disposal, and pollution control can use the surveys to help them understand, protect, or enhance the environment. Various land use regulations of Federal, State, and local governments may impose special restrictions on land use or land treatment. Soil surveys identify soil properties that are used in making various land use or land treatment decisions. The information is intended to help the land users identify and reduce the effects of soil limitations on various land uses. The landowner or user is responsible for identifying and complying with existing laws and regulations. Although soil survey information can be used for general farm, local, and wider area planning, onsite investigation is needed to supplement this information in some cases. Examples include soil quality assessments (http://www.nrcs.usda.gov/wps/ portal/nrcs/main/soils/health/) and certain conservation and engineering applications. For more detailed information, contact your local USDA Service Center (https://offices.sc.egov.usda.gov/locator/app?agency=nrcs) or your NRCS State Soil Scientist (http://www.nrcs.usda.gov/wps/portal/nrcs/detail/soils/contactus/? cid=nrcs142p2_053951). Great differences in soil properties can occur within short distances. Some soils are seasonally wet or subject to flooding. Some are too unstable to be used as a foundation for buildings or roads. Clayey or wet soils are poorly suited to use as septic tank absorption fields. A high water table makes a soil poorly suited to basements or underground installations. The National Cooperative Soil Survey is a joint effort of the United States Department of Agriculture and other Federal agencies, State agencies including the Agricultural Experiment Stations, and local agencies. The Natural Resources Conservation Service (NRCS) has leadership for the Federal part of the National Cooperative Soil Survey. Information about soils is updated periodically. Updated information is available through the NRCS Web Soil Survey, the site for official soil survey information. The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or a part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require 2 298 alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410 or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer. 3 299 Contents Preface.................................................................................................................... 2 How Soil Surveys Are Made..................................................................................5 Soil Map.................................................................................................................. 8 Soil Map................................................................................................................9 Legend................................................................................................................10 Map Unit Legend................................................................................................ 11 Map Unit Descriptions.........................................................................................11 Gallatin County Area, Montana.......................................................................13 448A—Hyalite-Beaverton complex, moderately wet, 0 to 2 percent slopes....................................................................................................13 457A—Turner loam, moderately wet, 0 to 2 percent slopes....................... 15 510B—Meadowcreek loam, 0 to 4 percent slopes......................................16 References............................................................................................................18 4 300 How Soil Surveys Are Made Soil surveys are made to provide information about the soils and miscellaneous areas in a specific area. They include a description of the soils and miscellaneous areas and their location on the landscape and tables that show soil properties and limitations affecting various uses. Soil scientists observed the steepness, length, and shape of the slopes; the general pattern of drainage; the kinds of crops and native plants; and the kinds of bedrock. They observed and described many soil profiles. A soil profile is the sequence of natural layers, or horizons, in a soil. The profile extends from the surface down into the unconsolidated material in which the soil formed or from the surface down to bedrock. The unconsolidated material is devoid of roots and other living organisms and has not been changed by other biological activity. Currently, soils are mapped according to the boundaries of major land resource areas (MLRAs). MLRAs are geographically associated land resource units that share common characteristics related to physiography, geology, climate, water resources, soils, biological resources, and land uses (USDA, 2006). Soil survey areas typically consist of parts of one or more MLRA. The soils and miscellaneous areas in a survey area occur in an orderly pattern that is related to the geology, landforms, relief, climate, and natural vegetation of the area. Each kind of soil and miscellaneous area is associated with a particular kind of landform or with a segment of the landform. By observing the soils and miscellaneous areas in the survey area and relating their position to specific segments of the landform, a soil scientist develops a concept, or model, of how they were formed. Thus, during mapping, this model enables the soil scientist to predict with a considerable degree of accuracy the kind of soil or miscellaneous area at a specific location on the landscape. Commonly, individual soils on the landscape merge into one another as their characteristics gradually change. To construct an accurate soil map, however, soil scientists must determine the boundaries between the soils. They can observe only a limited number of soil profiles. Nevertheless, these observations, supplemented by an understanding of the soil-vegetation-landscape relationship, are sufficient to verify predictions of the kinds of soil in an area and to determine the boundaries. Soil scientists recorded the characteristics of the soil profiles that they studied. They noted soil color, texture, size and shape of soil aggregates, kind and amount of rock fragments, distribution of plant roots, reaction, and other features that enable them to identify soils. After describing the soils in the survey area and determining their properties, the soil scientists assigned the soils to taxonomic classes (units). Taxonomic classes are concepts. Each taxonomic class has a set of soil characteristics with precisely defined limits. The classes are used as a basis for comparison to classify soils systematically. Soil taxonomy, the system of taxonomic classification used in the United States, is based mainly on the kind and character of soil properties and the arrangement of horizons within the profile. After the soil 5 301 scientists classified and named the soils in the survey area, they compared the individual soils with similar soils in the same taxonomic class in other areas so that they could confirm data and assemble additional data based on experience and research. The objective of soil mapping is not to delineate pure map unit components; the objective is to separate the landscape into landforms or landform segments that have similar use and management requirements. Each map unit is defined by a unique combination of soil components and/or miscellaneous areas in predictable proportions. Some components may be highly contrasting to the other components of the map unit. The presence of minor components in a map unit in no way diminishes the usefulness or accuracy of the data. The delineation of such landforms and landform segments on the map provides sufficient information for the development of resource plans. If intensive use of small areas is planned, onsite investigation is needed to define and locate the soils and miscellaneous areas. Soil scientists make many field observations in the process of producing a soil map. The frequency of observation is dependent upon several factors, including scale of mapping, intensity of mapping, design of map units, complexity of the landscape, and experience of the soil scientist. Observations are made to test and refine the soil-landscape model and predictions and to verify the classification of the soils at specific locations. Once the soil-landscape model is refined, a significantly smaller number of measurements of individual soil properties are made and recorded. These measurements may include field measurements, such as those for color, depth to bedrock, and texture, and laboratory measurements, such as those for content of sand, silt, clay, salt, and other components. Properties of each soil typically vary from one point to another across the landscape. Observations for map unit components are aggregated to develop ranges of characteristics for the components. The aggregated values are presented. Direct measurements do not exist for every property presented for every map unit component. Values for some properties are estimated from combinations of other properties. While a soil survey is in progress, samples of some of the soils in the area generally are collected for laboratory analyses and for engineering tests. Soil scientists interpret the data from these analyses and tests as well as the field-observed characteristics and the soil properties to determine the expected behavior of the soils under different uses. Interpretations for all of the soils are field tested through observation of the soils in different uses and under different levels of management. Some interpretations are modified to fit local conditions, and some new interpretations are developed to meet local needs. Data are assembled from other sources, such as research information, production records, and field experience of specialists. For example, data on crop yields under defined levels of management are assembled from farm records and from field or plot experiments on the same kinds of soil. Predictions about soil behavior are based not only on soil properties but also on such variables as climate and biological activity. Soil conditions are predictable over long periods of time, but they are not predictable from year to year. For example, soil scientists can predict with a fairly high degree of accuracy that a given soil will have a high water table within certain depths in most years, but they cannot predict that a high water table will always be at a specific level in the soil on a specific date. After soil scientists located and identified the significant natural bodies of soil in the survey area, they drew the boundaries of these bodies on aerial photographs and Custom Soil Resource Report 6 302 identified each as a specific map unit. Aerial photographs show trees, buildings, fields, roads, and rivers, all of which help in locating boundaries accurately. Custom Soil Resource Report 7 303 Soil Map The soil map section includes the soil map for the defined area of interest, a list of soil map units on the map and extent of each map unit, and cartographic symbols displayed on the map. Also presented are various metadata about data used to produce the map, and a description of each soil map unit. 8 304 9 Custom Soil Resource Report Soil Map 5054430 5054480 5054530 5054580 5054630 5054680 5054730 5054430 5054480 5054530 5054580 5054630 5054680 5054730 493480 493530 493580 493630 493680 493730 493780 493830 493880 493930 493480 493530 493580 493630 493680 493730 493780 493830 493880 493930 45° 38' 46'' N 111° 5' 2'' W 45° 38' 46'' N 111° 4' 39'' W 45° 38' 35'' N 111° 5' 2'' W 45° 38' 35'' N 111° 4' 39'' W N Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zone 12N WGS84 0 100 200 400 600 Feet 0 30 60 120 180 Meters Map Scale: 1:2,220 if printed on A landscape (11" x 8.5") sheet. Soil Map may not be valid at this scale. 305 MAP LEGEND MAP INFORMATION Area of Interest (AOI) Area of Interest (AOI) Soils Soil Map Unit Polygons Soil Map Unit Lines Soil Map Unit Points Special Point Features Blowout Borrow Pit Clay Spot Closed Depression Gravel Pit Gravelly Spot Landfill Lava Flow Marsh or swamp Mine or Quarry Miscellaneous Water Perennial Water Rock Outcrop Saline Spot Sandy Spot Severely Eroded Spot Sinkhole Slide or Slip Sodic Spot Spoil Area Stony Spot Very Stony Spot Wet Spot Other Special Line Features Water Features Streams and Canals Transportation Rails Interstate Highways US Routes Major Roads Local Roads Background Aerial Photography The soil surveys that comprise your AOI were mapped at 1:24,000. Warning: Soil Map may not be valid at this scale. Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil line placement. The maps do not show the small areas of contrasting soils that could have been shown at a more detailed scale. Please rely on the bar scale on each map sheet for map measurements. Source of Map: Natural Resources Conservation Service Web Soil Survey URL: Coordinate System: Web Mercator (EPSG:3857) Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should be used if more Map Unit Legend Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI 448A Hyalite-Beaverton complex, moderately wet, 0 to 2 percent slopes 5.8 27.8% 457A Turner loam, moderately wet, 0 to 2 percent slopes 13.6 65.2% 510B Meadowcreek loam, 0 to 4 percent slopes 1.4 7.0% Totals for Area of Interest 20.8 100.0% Map Unit Descriptions The map units delineated on the detailed soil maps in a soil survey represent the soils or miscellaneous areas in the survey area. The map unit descriptions, along with the maps, can be used to determine the composition and properties of a unit. A map unit delineation on a soil map represents an area dominated by one or more major kinds of soil or miscellaneous areas. A map unit is identified and named according to the taxonomic classification of the dominant soils. Within a taxonomic class there are precisely defined limits for the properties of the soils. On the landscape, however, the soils are natural phenomena, and they have the characteristic variability of all natural phenomena. Thus, the range of some observed properties may extend beyond the limits defined for a taxonomic class. Areas of soils of a single taxonomic class rarely, if ever, can be mapped without including areas of other taxonomic classes. Consequently, every map unit is made up of the soils or miscellaneous areas for which it is named and some minor components that belong to taxonomic classes other than those of the major soils. Most minor soils have properties similar to those of the dominant soil or soils in the map unit, and thus they do not affect use and management. These are called noncontrasting, or similar, components. They may or may not be mentioned in a particular map unit description. Other minor components, however, have properties and behavioral characteristics divergent enough to affect use or to require different management. These are called contrasting, or dissimilar, components. They generally are in small areas and could not be mapped separately because of the scale used. Some small areas of strongly contrasting soils or miscellaneous areas are identified by a special symbol on the maps. If included in the database for a given area, the contrasting minor components are identified in the map unit descriptions along with some characteristics of each. A few areas of minor components may not have been observed, and consequently they are not mentioned in the descriptions, especially where the pattern was so complex that it was impractical to make enough observations to identify all the soils and miscellaneous areas on the landscape. The presence of minor components in a map unit in no way diminishes the usefulness or accuracy of the data. The objective of mapping is not to delineate pure taxonomic classes but rather to separate the landscape into landforms or Custom Soil Resource Report 11 307 landform segments that have similar use and management requirements. The delineation of such segments on the map provides sufficient information for the development of resource plans. If intensive use of small areas is planned, however, onsite investigation is needed to define and locate the soils and miscellaneous areas. An identifying symbol precedes the map unit name in the map unit descriptions. Each description includes general facts about the unit and gives important soil properties and qualities. Soils that have profiles that are almost alike make up a soil series. Except for differences in texture of the surface layer, all the soils of a series have major horizons that are similar in composition, thickness, and arrangement. Soils of one series can differ in texture of the surface layer, slope, stoniness, salinity, degree of erosion, and other characteristics that affect their use. On the basis of such differences, a soil series is divided into soil phases. Most of the areas shown on the detailed soil maps are phases of soil series. The name of a soil phase commonly indicates a feature that affects use or management. For example, Alpha silt loam, 0 to 2 percent slopes, is a phase of the Alpha series. Some map units are made up of two or more major soils or miscellaneous areas. These map units are complexes, associations, or undifferentiated groups. A complex consists of two or more soils or miscellaneous areas in such an intricate pattern or in such small areas that they cannot be shown separately on the maps. The pattern and proportion of the soils or miscellaneous areas are somewhat similar in all areas. Alpha-Beta complex, 0 to 6 percent slopes, is an example. An association is made up of two or more geographically associated soils or miscellaneous areas that are shown as one unit on the maps. Because of present or anticipated uses of the map units in the survey area, it was not considered practical or necessary to map the soils or miscellaneous areas separately. The pattern and relative proportion of the soils or miscellaneous areas are somewhat similar. Alpha-Beta association, 0 to 2 percent slopes, is an example. An undifferentiated group is made up of two or more soils or miscellaneous areas that could be mapped individually but are mapped as one unit because similar interpretations can be made for use and management. The pattern and proportion of the soils or miscellaneous areas in a mapped area are not uniform. An area can be made up of only one of the major soils or miscellaneous areas, or it can be made up of all of them. Alpha and Beta soils, 0 to 2 percent slopes, is an example. Some surveys include miscellaneous areas. Such areas have little or no soil material and support little or no vegetation. Rock outcrop is an example. Custom Soil Resource Report 12 308 Gallatin County Area, Montana 448A—Hyalite-Beaverton complex, moderately wet, 0 to 2 percent slopes Map Unit Setting National map unit symbol: 56sq Elevation: 4,450 to 5,300 feet Mean annual precipitation: 15 to 19 inches Mean annual air temperature: 39 to 45 degrees F Frost-free period: 90 to 110 days Farmland classification: Farmland of local importance Map Unit Composition Hyalite and similar soils: 70 percent Beaverton and similar soils: 20 percent Minor components: 10 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Hyalite Setting Landform: Alluvial fans, stream terraces Down-slope shape: Linear Across-slope shape: Linear Parent material: Loamy alluvium Typical profile A - 0 to 5 inches: loam Bt1 - 5 to 9 inches: clay loam Bt2 - 9 to 17 inches: silty clay loam 2Bt3 - 17 to 26 inches: very cobbly sandy clay loam 3C - 26 to 60 inches: very cobbly loamy sand Properties and qualities Slope: 0 to 2 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Well drained Capacity of the most limiting layer to transmit water (Ksat): Moderately high (0.20 to 0.57 in/hr) Depth to water table: About 48 to 96 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum in profile: 5 percent Available water storage in profile: Low (about 4.4 inches) Interpretive groups Land capability classification (irrigated): 3e Land capability classification (nonirrigated): 4e Hydrologic Soil Group: C Ecological site: Upland Grassland (R043BP818MT) Hydric soil rating: No Custom Soil Resource Report 13 309 Description of Beaverton Setting Landform: Alluvial fans, stream terraces Down-slope shape: Linear Across-slope shape: Linear Parent material: Alluvium Typical profile A - 0 to 5 inches: cobbly loam Bt - 5 to 21 inches: very gravelly clay loam Bk - 21 to 25 inches: very cobbly coarse sandy loam 2Bk - 25 to 60 inches: extremely cobbly loamy coarse sand Properties and qualities Slope: 0 to 2 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Well drained Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.57 to 1.98 in/hr) Depth to water table: About 48 to 96 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum in profile: 15 percent Salinity, maximum in profile: Nonsaline to very slightly saline (0.0 to 2.0 mmhos/cm) Available water storage in profile: Low (about 3.7 inches) Interpretive groups Land capability classification (irrigated): 4s Land capability classification (nonirrigated): 6s Hydrologic Soil Group: B Ecological site: Upland Grassland (R043BP818MT) Hydric soil rating: No Minor Components Meadowcreek Percent of map unit: 5 percent Landform: Stream terraces Down-slope shape: Linear Across-slope shape: Linear Ecological site: Subirrigated (Sb) 15-19" p.z. (R044XS359MT) Hydric soil rating: No Beaverton Percent of map unit: 5 percent Landform: Stream terraces, alluvial fans Down-slope shape: Linear Across-slope shape: Linear Ecological site: Shallow to Gravel (SwGr) 15-19" p.z. (R044XS354MT) Hydric soil rating: No Custom Soil Resource Report 14 310 457A—Turner loam, moderately wet, 0 to 2 percent slopes Map Unit Setting National map unit symbol: 56tb Elevation: 4,300 to 5,200 feet Mean annual precipitation: 15 to 19 inches Mean annual air temperature: 39 to 45 degrees F Frost-free period: 90 to 110 days Farmland classification: Prime farmland if irrigated Map Unit Composition Turner and similar soils: 85 percent Minor components: 15 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Turner Setting Landform: Stream terraces Down-slope shape: Linear Across-slope shape: Linear Parent material: Alluvium Typical profile A - 0 to 6 inches: loam Bt - 6 to 12 inches: clay loam Bk - 12 to 26 inches: clay loam 2C - 26 to 60 inches: very gravelly loamy sand Properties and qualities Slope: 0 to 2 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Well drained Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.57 to 1.98 in/hr) Depth to water table: About 48 to 96 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum in profile: 15 percent Salinity, maximum in profile: Nonsaline to very slightly saline (0.0 to 2.0 mmhos/cm) Available water storage in profile: Low (about 5.4 inches) Interpretive groups Land capability classification (irrigated): 3e Land capability classification (nonirrigated): 3e Hydrologic Soil Group: B Ecological site: Loamy (Lo) LRU 44B-B (R044BB032MT) Hydric soil rating: No Custom Soil Resource Report 15 311 Minor Components Meadowcreek Percent of map unit: 5 percent Landform: Stream terraces Down-slope shape: Linear Across-slope shape: Linear Ecological site: Subirrigated (Sb) 15-19" p.z. (R044XS359MT) Hydric soil rating: No Beaverton Percent of map unit: 5 percent Landform: Alluvial fans, stream terraces Down-slope shape: Linear Across-slope shape: Linear Ecological site: Shallow to Gravel (SwGr) 15-19" p.z. (R044XS354MT) Hydric soil rating: No Turner Percent of map unit: 5 percent Landform: Stream terraces Down-slope shape: Linear Across-slope shape: Linear Ecological site: Silty (Si) 15-19" p.z. (R044XS355MT) Hydric soil rating: No 510B—Meadowcreek loam, 0 to 4 percent slopes Map Unit Setting National map unit symbol: 56vt Elevation: 4,200 to 5,950 feet Mean annual precipitation: 12 to 18 inches Mean annual air temperature: 39 to 45 degrees F Frost-free period: 90 to 110 days Farmland classification: Prime farmland if irrigated Map Unit Composition Meadowcreek and similar soils: 85 percent Minor components: 15 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Meadowcreek Setting Landform: Stream terraces Down-slope shape: Linear Across-slope shape: Linear Parent material: Alluvium Custom Soil Resource Report 16 312 Typical profile A - 0 to 11 inches: loam Bg - 11 to 25 inches: silt loam 2C - 25 to 60 inches: very gravelly sand Properties and qualities Slope: 0 to 4 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Somewhat poorly drained Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.57 to 1.98 in/hr) Depth to water table: About 24 to 42 inches Frequency of flooding: None Frequency of ponding: None Salinity, maximum in profile: Nonsaline to slightly saline (0.0 to 4.0 mmhos/cm) Available water storage in profile: Low (about 5.1 inches) Interpretive groups Land capability classification (irrigated): 2e Land capability classification (nonirrigated): 3e Hydrologic Soil Group: C Ecological site: Subirrigated (Sb) LRU 44B-Y (R044BY150MT) Hydric soil rating: No Minor Components Blossberg Percent of map unit: 10 percent Landform: Terraces Down-slope shape: Linear Across-slope shape: Linear Ecological site: Wet Meadow (WM) 15-19" p.z. (R044XS365MT) Hydric soil rating: Yes Beaverton Percent of map unit: 5 percent Landform: Alluvial fans, stream terraces Down-slope shape: Linear Across-slope shape: Linear Ecological site: Shallow to Gravel (SwGr) 15-19" p.z. (R044XS354MT) Hydric soil rating: No Custom Soil Resource Report 17 313 References American Association of State Highway and Transportation Officials (AASHTO). 2004. Standard specifications for transportation materials and methods of sampling and testing. 24th edition. American Society for Testing and Materials (ASTM). 2005. Standard classification of soils for engineering purposes. ASTM Standard D2487-00. Cowardin, L.M., V. Carter, F.C. Golet, and E.T. LaRoe. 1979. Classification of wetlands and deep-water habitats of the United States. U.S. Fish and Wildlife Service FWS/OBS-79/31. Federal Register. July 13, 1994. Changes in hydric soils of the United States. Federal Register. September 18, 2002. Hydric soils of the United States. Hurt, G.W., and L.M. Vasilas, editors. Version 6.0, 2006. Field indicators of hydric soils in the United States. National Research Council. 1995. Wetlands: Characteristics and boundaries. Soil Survey Division Staff. 1993. Soil survey manual. Soil Conservation Service. U.S. Department of Agriculture Handbook 18. http://www.nrcs.usda.gov/wps/portal/ nrcs/detail/national/soils/?cid=nrcs142p2_054262 Soil Survey Staff. 1999. Soil taxonomy: A basic system of soil classification for making and interpreting soil surveys. 2nd edition. Natural Resources Conservation Service, U.S. Department of Agriculture Handbook 436. http:// www.nrcs.usda.gov/wps/portal/nrcs/detail/national/soils/?cid=nrcs142p2_053577 Soil Survey Staff. 2010. Keys to soil taxonomy. 11th edition. U.S. Department of Agriculture, Natural Resources Conservation Service. http:// www.nrcs.usda.gov/wps/portal/nrcs/detail/national/soils/?cid=nrcs142p2_053580 Tiner, R.W., Jr. 1985. Wetlands of Delaware. U.S. Fish and Wildlife Service and Delaware Department of Natural Resources and Environmental Control, Wetlands Section. United States Army Corps of Engineers, Environmental Laboratory. 1987. Corps of Engineers wetlands delineation manual. Waterways Experiment Station Technical Report Y-87-1. United States Department of Agriculture, Natural Resources Conservation Service. National forestry manual. http://www.nrcs.usda.gov/wps/portal/nrcs/detail/soils/ home/?cid=nrcs142p2_053374 United States Department of Agriculture, Natural Resources Conservation Service. National range and pasture handbook. http://www.nrcs.usda.gov/wps/portal/nrcs/ detail/national/landuse/rangepasture/?cid=stelprdb1043084 18 314 United States Department of Agriculture, Natural Resources Conservation Service. National soil survey handbook, title 430-VI. http://www.nrcs.usda.gov/wps/portal/ nrcs/detail/soils/scientists/?cid=nrcs142p2_054242 United States Department of Agriculture, Natural Resources Conservation Service. 2006. Land resource regions and major land resource areas of the United States, the Caribbean, and the Pacific Basin. U.S. Department of Agriculture Handbook 296. http://www.nrcs.usda.gov/wps/portal/nrcs/detail/national/soils/? cid=nrcs142p2_053624 United States Department of Agriculture, Soil Conservation Service. 1961. Land capability classification. U.S. Department of Agriculture Handbook 210. http:// www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/nrcs142p2_052290.pdf Custom Soil Resource Report 19 315 F APPENDIX F GEOTECHNICAL REPORT 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 BUFFALO RUN SUBDIVISION WATER SYSTEM IMPROVEMENTS PRELIMINARY WATER DISTRIBUTION DESIGN REPORT July 2020 PREPARED BY: MMI #: 6475.002 348 1 Table of Contents 1 EXECUTIVE SUMMARY ...................................................................................................................... 3 2 GENERAL INFORMATION (DEQ 1.1.1) .............................................................................................. 3 3 EXTENT OF WATER WORKS SYSTEM, INCLUDING (DEQ 1.1.2): ................................................. 3 4 ALTERNATE PLANS (1.1.3) ................................................................................................................ 4 5 SITE CONDITIONS (1.1.4) ................................................................................................................... 4 6 WATER USE DATA, INCLUDING (1.1.5): ........................................................................................... 4 7 FLOW REQUIREMENTS (1.1.6) .......................................................................................................... 6 8 SOURCES OF WATER SUPPLY (1.1.7) ............................................................................................. 7 9 PROPOSED TREATMENT PROCESSES (1.1.8) ................................................................................ 7 10 SEWAGE SYSTEM AVAILABLE (1.1.9) ......................................................................................... 7 11 WASTE DISPOSAL (1.1.10) ............................................................................................................ 7 12 AUTOMATION (1.1.11) .................................................................................................................... 7 13 PROJECT SITES (1.1.12) ................................................................................................................ 7 14 FINANCING (1.1.13) ......................................................................................................................... 7 15 FUTURE EXTENSIONS (1.1.14) ...................................................................................................... 8 APPENDICES Appendix A Location Map (by Vogel & Associates) Appendix B Distribution System Map (from City of Bozeman GIS Infrastructure Viewer) Appendix C As-Built Plans (from Meadow Creek Subdivision by Engineering, Inc.) Appendix D Water Model Calibration Info Appendix E WaterCAD Results Appendix F NRCS Soils Report Appendix G Geotechnical Report 349 2 Prepared by: Morrison-Maierle, Inc. 2880 Technology Blvd. W. Bozeman, Montana 59771 Phone: (406) 587-0721 Fax: (406) 922-6702 Written By: LRH Checked By: MEE Approved By: JRN Project No.: 6475.002 N:\6475\002 - Topo and Boundary Survey\04 Design\Reports\Preliminary Water Report 2020\Preliminary_BuffaloRunWaterReport.docx 350 3 Buffalo Run Subdivision Preliminary Water Distribution Design Report 1 EXECUTIVE SUMMARY This report provides a basis for design of the Buffalo Run Subdivision water distribution system. The water distribution system serving the Buffalo Run Subdivision will be designed and installed in accordance with the Montana Department of Environmental Quality (MDEQ) Circular No. 1; Montana Public Works Standard Specifications (MPWSS); The City of Bozeman Modifications to MPWSS; City of Bozeman Water Facility Plan; and the City of Bozeman Fire Service Line Standard. The design report is to verify that there is adequate volume and pressure to supply domestic and fire service for all the buildings in the proposed development. The following design report follows the section numbering of Circular DEQ-1-Standards for Water Works (2018 Edition) Section 1.1, Engineer’s Report. 2 GENERAL INFORMATION (DEQ 1.1.1) a. The proposed Buffalo Run Subdivision is located off Kurk Drive between S 31st Ave and Fowler Ln. This project is currently located adjacent to the boundary of the City of Bozeman, Montana. See the vicinity map for location details. This project involves extending approximately 4,720 feet of a new 8 -inch Class 51 DIP water pipe into the proposed development. The new 8-inch main will tie into the existing 8-inch water main along Kurk Drive and to the existing 8” water main located on Meah Lane, creating a looped system within the development. Each building will be serviced by separate fire and domestic water services. The project would propose approximately (11) eleven fire hydrant assemblies. b. The proposed water main infrastructure will be served by the City of Bozeman. c. Project Developer: Yellowstone Investment Group, PLLC 768 Oasis Dr Castle Rock, CO 80108 d. System Owner: City of Bozeman PO Box 1230 Bozeman, MT 3 EXTENT OF WATER WORKS SYSTEM, INCLUDING (DEQ 1.1.2): The proposed water main extension is an extension of the City of Bozeman water infrastructure in the area. The water main extension is proposed to serve the Buffalo Run Subdivision which has the potential to include 288 dwelling units. The project will tie into two existing 8” mains located at the east boundary of the subdivision located on Kurk Drive and Meah Lane to create a looped distribution system within the 351 4 proposed development. The new 8” mains will connect to fire hydrants spaced throughout the development that will provide fire protection to the proposed project. Each of the thirteen (13) condominium buildings and the proposed clubhouse will be serviced by separate fire and domestic services. Service sizes will be determined prior to the final design report and infrastructure plans. These water main extensions will serve the buildout of the property. The water mains shall be extended to the property boundaries within proposed public rights-of-way to provide potential service connection for adjacent properties. 4 ALTERNATE PLANS (1.1.3) The alignment of the proposed main was chosen to meet the layout of the proposed development. No alternate plans were considered due to the limited availability of existing infrastructure to connect to. 5 SITE CONDITIONS (1.1.4) The property for the proposed development is currently an improved rural property which slopes gently to the north with existing grades of less than 4% and mostly Turner loam and Hyalite- Beaverton complex deposits (USDA, Natural Resources Conservation Service, Web Soil Survey) as shown in Appendix E. A site-specific geotechnical report has been done for the Buffalo Run Subdivision by Rawhide Engineering Inc, dated March 16, 2020. The site is favorable for the building foundation construction. The geotechnical report was included as Appendix F. The groundwater levels onsite range between approximately 1 and 5 feet below existing grade based on well monitoring performed from March 2020 to July 2020. The groundwater flows generally from the south to the north based on general groundwater flow in the valley. The groundwater at this site is likely variable based on seasonal precipitation and irrigation practices. 6 WATER USE DATA, INCLUDING (1.1.5): The water distribution system serving the proposed project will be designed and installed in accordance with the Montana Department of Environmental Quality (MDEQ) Circular No. 1; Montana Public Works Standard Specifications (MPWSS); the City of Bozeman Modifications to MPWSS; City of Bozeman Water Facility Plan; and the City of Bozeman Design Standards and Specifications Policy. The following section addresses the design capacity and flow requirements discussed in Section 8 of DEQ – 1. The water main extension for the Buffalo Run Subdivision will service thirteen (13) condominium buildings and one clubhouse. The capacity requirement for the water main extension is calculated as follows: 352 5 Residential Demands: 288 dwelling units (DU) Population = ~608 persons (288 DU x 2.11 people/DU) Design Values from Bozeman Design Standards, March 2020 Version 2.11 People per DU 170 gallons per day (GPD) per person (Average Day Demand) Maximum Day Demand Peaking Factor = 2.3 Maximum Hour Demand Peaking Factor = 3.0 Table 1: Water Demand Summary BUILDING TOTAL DU AVG DAY DEMAND MAX DAY DEMAND MAX HR DEMAND (GPD) (GPD) (GPD) 1 20 7,174 16,500 21,522 2 20 7,174 16,500 21,522 3 24 8,609 19,800 25,826 4 20 7,174 16,500 21,522 5 24 8,609 19,800 25,826 6 22 7,891 18,150 23,674 7 24 8,609 19,800 25,826 8 22 7,891 18,150 23,674 9 20 7,174 16,500 21,522 10 24 8,609 19,800 25,826 11 20 7,174 16,500 21,522 12 24 8,609 19,800 25,826 13 24 8,609 19,800 25,826 TOTALS 288 103,306 237,600 309,914 Residential Demand Total Conversions (gallons/minute): ADD = 103,306 GPD = 71.7 GPM MDD = 237,600 GPD = 165 GPM MHD = 309,914 GPD = 215 GPM Community Clubhouse Demands: Assumptions: (4) employees work out of the clubhouse 1/3 of the total population use the clubhouse per day = 608/3 = 203 people ADD = (4 Employees)(13 GPD) + (203 users/day)(3 GPD) = 661 GPD = 0.5 GPM MDD = 2.3 x ADD = 2.3 x 0.7 = 1.6GPM MHD = 3.0 x ADD = 3.0 x 0.7 = 2.1GPM 353 6 Irrigation Demands: Based on the City of Bozeman’s Integrated Water Resources Plan September 2013, the 170 GPD per person includes all water use including irrigation. Total Domestic Demands: ADD: 71.7 GPM + 0.5 GPM = 72.2 GPM MDD: 165 GPM + 1.6 GPM = 167 GPM MHD: 215 GPM + 2.1 GPM = 217 GPM Fire Flow The total water demand for the system includes the Maximum Daily Demand and the maximum required fire flow of 1,500 GPM which based on the 26,570 SF (Building Type D) building of Type V-A Construction and sprinkler systems designed to meet NFPA 13R requirements. Table B105.1(2) of Appendix B of the International Fire Code requires 3,000 GPM fire flow for a building without sprinklers and allows 75% reduction for buildings with fire sprinklers. The reduced flow was calculated to be 750 GPM; however, the minimum flow allowed per code is 1,500 GPM for sprinklers meeting NFPA 13R requirements. For the purpose of this report, our model includes a fire flow demand of 1,500 GPM. The Maximum Daily Demand is calculated by multiplying the Average Daily Demand by a peaking factor of 2.3 as described above. Therefore, the following fire flow demand for the four buildings is as follows: Total Fire Flow = 167 GPM + 1,500 GPM = 1,667 GPM 7 FLOW REQUIREMENTS (1.1.6) Modeling Procedure Water modeling was performed using WaterCAD (Connect Edition 10.02.00.43) software to assess expected performance of the extensions on the distribution network. Water supply from the existing City water system has been modeled using reservoirs and pumps at boundary locations mimic distribution system output. Pump curves were developed using model outputs received from the City of Bozeman at varying flow rates during a maximum daily demand scenario. Use hydraulic model flow data (or fire flow results) represented using a reservoir and pump supply is a commonly used method to build a stand-alone model without reproducing the complete distribution system. Flows modeled at Hydrants #2112 (located on Kurk Drive, approximately 250 feet west of S 30th Ave) and #2108 (located on west Meah Lane) were used for calibration (Appendix C). The total water demand for the system includes the maximum daily demand and the required fire flow of 1,500 GPM as determined by the Insurance Services Office (ISO) criteria. The maximum daily demand is calculated by multiplying the average daily demand by a peaking factor of 2.3. The minimum pressure used for pipe main sizing was 35 PSI during normal uses and no less than 20 PSI residual pressure during fire hydrant full flow condition at any supply node. A “C” of 130 was used for the Hazen Williams pipe roughness factor. 354 7 Modeling Results The model’s results indicate that proposed 8-inch distribution mains for the Buffalo Run Subdivision will supply the needed maximum daily domestic flow with fire flow while maintaining above 20-psi residual pressure at all points within the modeled area. Pressure during MDD ranges from 39 to 48 PSI. During a MDD plus Fire Flow scenario (at Hydrant H-8) residual pressures ranged from 33 to 38 PSI (see the WaterCAD model results located in Appendix D for additional information). The residential condominiums are proposed to be 3 stories tall. Assuming 10 feet per story, a conservative estimate of the loss of pressure to residences on the top floor due to elevation is 13 psi. Based on this assumption, the minimum residual pressure experienced in the system would be 20 psi during the MDD plus Fire Flow scenario, which meets the minimum 20-psi residual pressure requirement. An automated fire flow analysis at all proposed hydrants was performed as well. The maximum fire flow available at all hydrant nodes was calculated during the maximum daily demand scenario. Based on this result, the minimum fire flow available was calculated to be 1,926 GPM at Hydrant H-3. This exceeds the 1,500 minimum fire flow requirement. 8 SOURCES OF WATER SUPPLY (1.1.7) Water is supplied from City of Bozeman 9 PROPOSED TREATMENT PROCESSES (1.1.8) Non-applicable 10 SEWAGE SYSTEM AVAILABLE (1.1.9) The area is served by the City of Bozeman wastewater treatment facility 11 WASTE DISPOSAL (1.1.10) Non-applicable 12 AUTOMATION (1.1.11) Non-applicable 13 PROJECT SITES (1.1.12) The development is bounded by Meadow Creek Subdivision Phase 1 to the east, vacant land to the north, Fowler Lane and vacant land to the west, and an improved rural property to the south. The wastewater at the site will be conveyed to the City of Bozeman wastewater treatment facility. 14 FINANCING (1.1.13) Non-applicable 355 8 15 FUTURE EXTENSIONS (1.1.14) No future extension will be needed. 356 A APPENDIX A LOCATION MAP (by Vogel & Associates) 357 BUFFALO RUN Bozeman, Montana Land Planning 䘆 Landscape Architecture 䘆 Development Consulting 475 W. 12th Avenue - Suite E - Denver, Colorado 80204-3688 - (303) 893-4288 SITE DATA - DENSITY AND PARKING CONTEXT MAP NTS March 05, 2020 358 B APPENDIX B DISTRIBUTION SYSTEM MAP (from City of Bozeman GIS Infrastructure Viewer) 359 VERIFY SCALE! THESE PRINTS MAY BE REDUCED. LINE BELOW MEASURES ONE INCH ON ORIGINAL DRAWING. MODIFY SCALE ACCORDINGLY! COPYRIGHT © MORRISON-MAIERLE, INC., 2020 SHEET NUMBER PROJECT NUMBER DRAWING NUMBER NO. DESCRIPTION BY DATE N:\6475\002 - TOPO AND BOUNDARY SURVEY\ACAD\EXHIBITS\2020_PRELIMWATERSEWERDISTRIBUTION.DWG PLOTTED BY:LEE HAGEMAN ON Jul/25/2020 REVISIONS DRAWN BY: DSGN. BY: APPR. BY: DATE: Q.C. REVIEW DATE: BY: 2880 Technology Blvd West Bozeman, MT 59718 406.587.0721 www.m-m.net engineers surveyors planners scientists Morrison Maierle BUFFALO RUN SUBDIVISION BOZEMAN MONTANA EXISTING WATER DISTRIBUTION MAP (FROM CITY OF BOZEMAN GIS MAPPER) 6475.002 EX-1 LRH 07/2020  BUFFALO RUN SUBDIVISION KURK DR MEAH LN S 30TH AVE BLACKWOOD DR S 31ST AVE MEADOW CREEK SUBDIVISION PHASE 1 360 C APPENDIX C AS-BUILT PLANS (from Meadow Creek Subdivision by Engineering, Inc.) 361 362 363 364 D APPENDIX D WATER MODEL CALIBRATION INFO 365 CITY OF BOZEMAN Fire Flow Request Form PHONE (406) 582-3200 FAX (406) 582-3201 Date: July 14th, 2020 Pressure Zone: South Hydrant GIS ID#: 2108, 2109, 2111, 2112 Adjacent Main: 8-inch DIP (In Kurk Dr and Meah Lane) Location Request: Buffalo Run Development Bozeman Infrastructure Viewer Website: https://gisweb.bozeman.net/Html5Viewer/?viewer=infrastructure The results of the fire flow information that you requested are as follows: Hydrant ID#: 2108 Maximum Day Demand Available Fire Flow at 20 psi: 2983.28 gpm Maximum Day Demand Minimum Pressure: 36.79 psi Hydrant ID#: 2109 Maximum Day Demand Available Fire Flow at 20 psi: 3130.47 gpm Maximum Day Demand Minimum Pressure: 37.57 psi Hydrant ID#: 2111 Maximum Day Demand Available Fire Flow at 20 psi: 3228.61 gpm Maximum Day Demand Minimum Pressure: 43.36 psi 366 Hydrant ID#: 2112 Maximum Day Demand Available Fire Flow at 20 psi: 2649.11 gpm Maximum Day Demand Minimum Pressure: 43.96 psi If you have questions or need further information feel free to email. Data Disclaimer: Water distribution information is calculated using hydraulic modeling software and is subject to variation. Actual field conditions may vary. This information is provided to the requestor for evaluation purposes only, without warranty of any kind, including, but not limited to any expressed or implied warranty arising by contract, stature, or law. In no event regardless of cause, shall the City be liable for any direct, indirect, special, punitive or consequential damages of any kind whether such damages arise under contract, tort, strict liability or inequity. HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK 367 Hydrant Elevation: 5017.16 GIS Hydrant # Available Flow (gpm) Residual Pressure (psi) Residual Pressure (ft) 2108 0 40.03 92.47 200 39.59 91.45 400 39.01 90.11 600 38.34 88.57 800 37.56 86.76 1,000.00 36.64 84.64 1,200.00 35.56 82.14 1,400.00 34.34 79.33 1,600.00 32.98 76.18 1,800.00 31.49 72.74 2,000.00 29.86 68.98 2,200.00 28.11 64.93 2,400.00 26.22 60.57 2,600.00 24.21 55.93 2,800.00 22.07 50.98 3,000.00 19.81 45.76 3,200.00 17.42 40.24 3,400.00 14.92 34.47 3,600.00 12.29 28.39 3,800.00 9.55 22.06 4,000.00 6.68 15.43 4,200.00 3.7 8.55 4,400.00 0.61 1.41 4,438.57 0 0.00 Hydrant Curve 368 0 5 10 15 20 25 30 35 40 45 0 500 1000 1500 2000 2500 3000 3500 4000 4500 5000 Residual Pressure (psi) Available Flow (gpm) Hydrant Curve 2108 Data Disclaimer: Water distribution information is calculated using hydraulic modeling software and is subject to variation. Actual field conditions may vary. This information is provided to the requestor for evaluation purposes only, without warranty of any kind, including, but not limited to any expressed or implied warranty arising by contract, stature, or law. In no event regardless of cause, shall the City be liable for any direct, indirect, special, punitive or consequential damages of any kind whether such damages arise under contract, tort, strict liability or inequity. 369 Hydrant Elevation: 4998.63 GIS Hydrant # Available Flow (gpm) Residual Pressure (psi) Residual Head (ft) 2112 0 47.21 109.06 200 46.67 107.81 400 45.86 105.94 600 44.82 103.53 800 43.55 100.60 1,000.00 42.02 97.07 1,200.00 40.22 92.91 1,400.00 38.18 88.20 1,600.00 35.88 82.88 1,800.00 33.35 77.04 2,000.00 30.58 70.64 2,200.00 27.58 63.71 2,400.00 24.34 56.23 2,600.00 20.88 48.23 2,800.00 17.2 39.73 3,000.00 13.3 30.72 3,200.00 9.18 21.21 3,400.00 4.84 11.18 3,600.00 0.29 0.67 3,612.29 0 0.00 Hydrant Curve 370 ‐10 0 10 20 30 40 50 0 500 1000 1500 2000 2500 3000 3500 4000 Residual Pressure (psi) Available Flow (gpm) Hydrant Curve 2112 Data Disclaimer: Water distribution information is calculated using hydraulic modeling software and is subject to variation. Actual field conditions may vary. This information is provided to the requestor for evaluation purposes only, without warranty of any kind, including, but not limited to any expressed or implied warranty arising by contract, stature, or law. In no event regardless of cause, shall the City be liable for any direct, indirect, special, punitive or consequential damages of any kind whether such damages arise under contract, tort, strict liability or inequity. 371 E APPENDIX E WATERCAD RESULTS 372 Buffalo Run Water Model Report Network Schematic Overall Schematic - Time: 0.00 hours P-11(2) P-11(3) P-10(3) P-10(2) P-4(3) P-4(1) P-5(2) P-4(2) P-5(1) P-38 P-22 P-39 P-47 P-15 P-11(1) P-14(2) P-14(1) P-3 P-2 P-1 P-10(1) P-42 P-41 P-32 P-29 P-28 P-27 P-26 P-24 J-14 J-13 J-26 J-12 J-27 J-11 J-40 J-10 J-9 J-38 J-7 J-41 J-6 J-5 J-4 J-39 J-3 J-2 J-1 J-25 J-36 J-24 J-37 J-34 J-23 J-35 J-22 J-31 J-21 J-32 J-20 J-33 J-19 J-42 Buffalo Run Water Model Report Average Daily Demand Scenario Reservoir Table - Time: 0.00 hours Hydraulic Grade (ft) Flow (Out net) (gpm) Elevation (ft) Label Notes Is Active? R-1 SUPPLY - HYD 2112 False 4,998.63 72 4,998.63 R-3 SUPPLY - HYD 2108 True 5,017.16 (N/A) (N/A) Pump Table - Time: 0.00 hours Pump Head (ft) Flow (Total) (gpm) Hydraulic Grade (Discharge) (ft) Hydraulic Grade (Suction) (ft) Downstream Pipe Status (Initial) Elevation Pump Definition (ft) Label Notes PMP-1 HYD 2112 4,998.63 Hydrant2112 On P-38 4,998.63 5,106.82 72 108.19 PMP-2 HYD 2108 5,017.16 Hydrant2108 On P-41 (N/A) (N/A) (N/A) (N/A) 27 Siemon Company Drive Suite 200 W Watertown, CT 06795 USA Page 2 of 30 +1-203-755-1666 7/25/2020 WaterCAD CONNECT Edition Update 2 6475.002_WaterModel.wtg Bentley Systems, Inc. Haestad Methods Solution Center [10.02.00.43] 374 Pump: PMP-1 at time 00:00:00.00 Relative Speed Factor: 1.000 Pump Status: On Scenario: ADD Head Head operating point Head (ft) 110.00 100.00 90.00 80.00 70.00 60.00 50.00 40.00 30.00 20.00 10.00 0.00 Flow (gpm) 0 500 1,000 1,500 2,000 2,500 3,000 3,500 4,000 375 Pump: PMP-2 at time 00:00:00.00 Relative Speed Factor: 1.000 Pump Status: On Scenario: Calibration-H-8 Head Head operating point Efficiency Efficiency operating point Head (ft) 90.00 80.00 70.00 60.00 50.00 40.00 30.00 20.00 10.00 0.00 Efficiency (%) 100.0 90.0 80.0 70.0 60.0 50.0 40.0 30.0 20.0 10.0 0.0 Flow (gpm) 0 500 1,000 1,500 2,000 2,500 3,000 3,500 4,000 4,500 376 Buffalo Run Water Model Report Average Daily Demand Scenario Junction Table - Time: 0.00 hours Pressure (psi) Hydraulic Grade (ft) Demand (gpm) Elevation (ft) Label Notes Is Active? J-23 True 5,017.16 0 5,106.80 39 J-21 True 5,008.42 0 5,106.80 43 J-20 True 5,008.20 0 5,106.80 43 J-22 True 5,008.00 0 5,106.80 43 J-14 True 5,007.62 0 5,106.80 43 J-19 True 5,006.63 0 5,106.79 43 J-18 True 5,006.50 0 5,106.79 43 J-16 True 5,006.13 0 5,106.79 44 J-36 BLDG-9 True 5,005.99 5 5,106.80 44 J-15 True 5,005.44 0 5,106.79 44 J-40 BLDG-8 True 5,004.94 5 5,106.80 44 J-33 BLDG-13 True 5,004.56 6 5,106.79 44 J-34 BLDG-11 True 5,004.43 5 5,106.79 44 J-32 BLDG-12 True 5,003.53 6 5,106.79 45 J-17 True 5,002.36 0 5,106.79 45 J-25 True 5,001.92 0 5,106.80 45 J-11 True 5,001.60 0 5,106.79 46 J-13 True 5,001.59 0 5,106.80 46 J-41 BLDG-7 True 5,001.02 6 5,106.79 46 J-37 BLDG-5 True 5,001.00 6 5,106.79 46 J-28 BDLG-3 True 5,000.86 6 5,106.79 46 J-35 BLDG-10 True 5,000.83 6 5,106.79 46 J-30 CLUBHOUSE True 5,000.73 0 5,106.79 46 J-12 True 5,000.49 0 5,106.79 46 J-31 BLDG-1 True 5,000.18 5 5,106.79 46 J-29 BLDG-2 True 4,999.21 5 5,106.79 47 J-39 BLDG-6 True 4,998.79 5 5,106.80 47 J-1 True 4,998.63 0 5,106.82 47 J-2 True 4,998.32 0 5,106.81 47 27 Siemon Company Drive Suite 200 W Watertown, CT 06795 USA Page 3 of 30 +1-203-755-1666 7/25/2020 WaterCAD CONNECT Edition Update 2 6475.002_WaterModel.wtg Bentley Systems, Inc. Haestad Methods Solution Center [10.02.00.43] 377 Buffalo Run Water Model Report Average Daily Demand Scenario Junction Table - Time: 0.00 hours Pressure (psi) Hydraulic Grade (ft) Demand (gpm) Elevation (ft) Label Notes Is Active? J-3 True 4,997.69 0 5,106.81 47 J-5 True 4,997.34 0 5,106.79 47 J-9 True 4,997.23 0 5,106.80 47 J-27 True 4,997.20 0 5,106.79 47 J-10 True 4,997.19 0 5,106.79 47 J-38 BDLG-4 True 4,997.09 5 5,106.80 47 J-6 True 4,997.08 0 5,106.79 47 J-24 True 4,996.83 0 5,106.79 48 J-4 True 4,996.74 0 5,106.80 48 J-7 True 4,996.43 0 5,106.80 48 J-26 True 4,996.43 0 5,106.80 48 27 Siemon Company Drive Suite 200 W Watertown, CT 06795 USA Page 4 of 30 +1-203-755-1666 7/25/2020 WaterCAD CONNECT Edition Update 2 6475.002_WaterModel.wtg Bentley Systems, Inc. Haestad Methods Solution Center [10.02.00.43] 378 Buffalo Run Water Model Report Average Daily Demand Scenario Hydrant Table - Time: 0.00 hours Pressure (psi) Demand Demand Collection (gpm) Elevation (ft) Label Is Active? H-1 True 4,997.28 0 <Collection: 1 item> 47 H-2 True 4,996.55 0 <Collection: 1 item> 48 H-3 True 4,997.41 0 <Collection: 1 item> 47 H-4 True 4,996.59 0 <Collection: 1 item> 48 H-5 True 5,001.83 0 <Collection: 1 item> 45 H-6 True 5,000.24 0 <Collection: 1 item> 46 H-7 True 5,002.36 0 <Collection: 1 item> 45 H-8 True 5,006.38 0 <Collection: 1 item> 43 H-9 True 5,005.21 0 <Collection: 1 item> 44 H-10 True 5,007.93 0 <Collection: 1 item> 43 H-11 True 4,998.15 0 <Collection: 1 item> 47 27 Siemon Company Drive Suite 200 W Watertown, CT 06795 USA Page 5 of 30 +1-203-755-1666 7/25/2020 WaterCAD CONNECT Edition Update 2 6475.002_WaterModel.wtg Bentley Systems, Inc. Haestad Methods Solution Center [10.02.00.43] 379 Buffalo Run Water Model Report Average Daily Demand Scenario Pipe Table - Time: 0.00 hours Length (User Defined) (ft) Has User Defined Length? Length (Scaled) (ft) Velocity (ft/s) Flow (gpm) Hazen-Williams C Diameter Material (in) Label Is Active? P-1 True 8.5 Ductile Iron 130.0 49 0.28 111 False 0 P-2 True 8.5 Ductile Iron 130.0 49 0.28 23 False 0 P-3 True 8.5 Ductile Iron 130.0 49 0.28 236 False 0 P-4(1) True 8.5 Ductile Iron 130.0 22 0.12 274 False 0 P-4(2) True 8.5 Ductile Iron 130.0 17 0.10 110 False 0 P-4(3) True 8.5 Ductile Iron 130.0 17 0.10 307 False 0 P-5(1) True 8.5 Ductile Iron 130.0 0 0.00 357 False 0 P-5(2) True 8.5 Ductile Iron 130.0 0 0.00 38 False 0 P-6 True 8.5 Ductile Iron 130.0 0 0.00 14 False 0 P-8 True 8.5 Ductile Iron 130.0 0 0.00 14 False 0 P-9(1) True 8.5 Ductile Iron 130.0 17 0.10 131 False 0 P-9(2) True 8.5 Ductile Iron 130.0 12 0.07 68 False 0 P-9(3) True 8.5 Ductile Iron 130.0 7 0.04 39 False 0 P-9(4) True 8.5 Ductile Iron 130.0 7 0.04 61 False 0 P-10(1) True 8.5 Ductile Iron 130.0 1 0.01 204 False 0 P-10(2) True 8.5 Ductile Iron 130.0 -5 0.03 8 False 0 P-10(3) True 8.5 Ductile Iron 130.0 -11 0.06 95 False 0 P-11(1) True 8.5 Ductile Iron 130.0 -11 0.06 177 False 0 P-11(2) True 8.5 Ductile Iron 130.0 -17 0.10 8 False 0 P-11(3) True 8.5 Ductile Iron 130.0 -23 0.13 197 False 0 P-12(1) True 8.5 Ductile Iron 130.0 27 0.15 126 False 0 P-12(2) True 8.5 Ductile Iron 130.0 22 0.12 173 False 0 P-13(1) True 8.5 Ductile Iron 130.0 -1 0.01 25 False 0 P-13(2) True 8.5 Ductile Iron 130.0 -1 0.01 149 False 0 P-13(3) True 8.5 Ductile Iron 130.0 -7 0.04 133 False 0 P-14(1) True 8.5 Ductile Iron 130.0 16 0.09 284 False 0 P-14(2) True 8.5 Ductile Iron 130.0 11 0.06 96 False 0 P-15 True 8.5 Ductile Iron 130.0 11 0.06 308 False 0 27 Siemon Company Drive Suite 200 W Watertown, CT 06795 USA Page 6 of 30 +1-203-755-1666 7/25/2020 WaterCAD CONNECT Edition Update 2 6475.002_WaterModel.wtg Bentley Systems, Inc. Haestad Methods Solution Center [10.02.00.43] 380 Buffalo Run Water Model Report Average Daily Demand Scenario Pipe Table - Time: 0.00 hours Length (User Defined) (ft) Has User Defined Length? Length (Scaled) (ft) Velocity (ft/s) Flow (gpm) Hazen-Williams C Diameter Material (in) Label Is Active? P-16 True 8.5 Ductile Iron 130.0 6 0.03 43 False 0 P-17(1) True 8.5 Ductile Iron 130.0 6 0.03 82 False 0 P-17(2) True 8.5 Ductile Iron 130.0 0 0.00 63 False 0 P-17(3) True 8.5 Ductile Iron 130.0 -5 0.03 9 False 0 P-17(4) True 8.5 Ductile Iron 130.0 -11 0.06 110 False 0 P-18 True 8.5 Ductile Iron 130.0 0 0.00 25 False 0 P-19 True 8.5 Ductile Iron 130.0 0 0.00 10 False 0 P-20 True 8.5 Ductile Iron 130.0 0 0.00 25 False 0 P-21 True 8.5 Ductile Iron 130.0 0 0.00 10 False 0 P-22 True 8.5 Ductile Iron 130.0 -23 0.13 266 False 0 P-23 True 8.5 Ductile Iron 130.0 -23 0.13 292 False 0 P-24 True 6.4 Ductile Iron 130.0 0 0.00 27 False 0 P-25 True 6.4 Ductile Iron 130.0 0 0.00 14 False 0 P-26 True 6.4 Ductile Iron 130.0 0 0.00 15 False 0 P-27 True 6.4 Ductile Iron 130.0 0 0.00 17 False 0 P-28 True 6.4 Ductile Iron 130.0 0 0.00 14 False 0 P-29 True 6.4 Ductile Iron 130.0 0 0.00 11 False 0 P-30 True 6.4 Ductile Iron 130.0 0 0.00 16 False 0 P-31 True 6.4 Ductile Iron 130.0 0 0.00 14 False 0 P-32 True 6.4 Ductile Iron 130.0 0 0.00 26 False 0 P-33 True 6.4 Ductile Iron 130.0 0 0.00 17 False 0 P-34 True 8.5 Ductile Iron 130.0 0 0.00 11 False 0 P-36 True 8.5 Ductile Iron 130.0 0 0.00 11 False 0 P-37 True 6.4 Ductile Iron 130.0 0 0.00 14 False 0 P-38 False 40.0 Ductile Iron 200.0 -72 0.02 18 True 1 P-39 False 40.0 Ductile Iron 200.0 -72 0.02 16 True 1 P-41 True 40.0 Ductile Iron 200.0 (N/A) (N/A) 30 False 0 P-42 True 40.0 Ductile Iron 200.0 (N/A) (N/A) 42 False 0 27 Siemon Company Drive Suite 200 W Watertown, CT 06795 USA Page 7 of 30 +1-203-755-1666 7/25/2020 WaterCAD CONNECT Edition Update 2 6475.002_WaterModel.wtg Bentley Systems, Inc. Haestad Methods Solution Center [10.02.00.43] 381 Buffalo Run Water Model Report Average Daily Demand Scenario Pipe Table - Time: 0.00 hours Length (User Defined) (ft) Has User Defined Length? Length (Scaled) (ft) Velocity (ft/s) Flow (gpm) Hazen-Williams C Diameter Material (in) Label Is Active? P-48 True 8.5 Ductile Iron 130.0 23 0.13 1,105 False 0 27 Siemon Company Drive Suite 200 W Watertown, CT 06795 USA Page 8 of 30 +1-203-755-1666 7/25/2020 WaterCAD CONNECT Edition Update 2 6475.002_WaterModel.wtg Bentley Systems, Inc. Haestad Methods Solution Center [10.02.00.43] 382 Buffalo Run Water Model Report Maximum Daily Demand Scenario Reservoir Table - Time: 0.00 hours Hydraulic Grade (ft) Flow (Out net) (gpm) Elevation (ft) Label Notes Is Active? R-1 SUPPLY - HYD 2112 False 4,998.63 166 4,998.63 R-3 SUPPLY - HYD 2108 True 5,017.16 (N/A) (N/A) Pump Table - Time: 0.00 hours Pump Head (ft) Flow (Total) (gpm) Hydraulic Grade (Discharge) (ft) Hydraulic Grade (Suction) (ft) Downstream Pipe Status (Initial) Elevation Pump Definition (ft) Label Notes PMP-1 HYD 2112 4,998.63 Hydrant2112 On P-38 4,998.63 5,106.47 166 107.84 PMP-2 HYD 2108 5,017.16 Hydrant2108 On P-41 (N/A) (N/A) (N/A) (N/A) 27 Siemon Company Drive Suite 200 W Watertown, CT 06795 USA Page 9 of 30 +1-203-755-1666 7/25/2020 WaterCAD CONNECT Edition Update 2 6475.002_WaterModel.wtg Bentley Systems, Inc. Haestad Methods Solution Center [10.02.00.43] 383 Buffalo Run Water Model Report Maximum Daily Demand Scenario Junction Table - Time: 0.00 hours Pressure (psi) Hydraulic Grade (ft) Demand (gpm) Elevation (ft) Label Notes Is Active? J-23 True 5,017.16 0 5,106.40 39 J-21 True 5,008.42 0 5,106.37 42 J-20 True 5,008.20 0 5,106.37 42 J-22 True 5,008.00 0 5,106.38 43 J-14 True 5,007.62 0 5,106.37 43 J-19 True 5,006.63 0 5,106.35 43 J-18 True 5,006.50 0 5,106.35 43 J-16 True 5,006.13 0 5,106.35 43 J-36 BLDG-9 True 5,005.99 11 5,106.36 43 J-15 True 5,005.44 0 5,106.36 44 J-40 BLDG-8 True 5,004.94 13 5,106.37 44 J-33 BLDG-13 True 5,004.56 14 5,106.35 44 J-34 BLDG-11 True 5,004.43 11 5,106.35 44 J-32 BLDG-12 True 5,003.53 14 5,106.35 44 J-17 True 5,002.36 0 5,106.35 45 J-25 True 5,001.92 0 5,106.37 45 J-11 True 5,001.60 0 5,106.35 45 J-13 True 5,001.59 0 5,106.37 45 J-41 BLDG-7 True 5,001.02 14 5,106.35 46 J-37 BLDG-5 True 5,001.00 14 5,106.35 46 J-28 BDLG-3 True 5,000.86 14 5,106.35 46 J-35 BLDG-10 True 5,000.83 14 5,106.35 46 J-30 CLUBHOUSE True 5,000.73 1 5,106.35 46 J-12 True 5,000.49 0 5,106.35 46 J-31 BLDG-1 True 5,000.18 11 5,106.35 46 J-29 BLDG-2 True 4,999.21 11 5,106.35 46 J-39 BLDG-6 True 4,998.79 13 5,106.38 47 J-1 True 4,998.63 0 5,106.47 47 J-2 True 4,998.32 0 5,106.45 47 27 Siemon Company Drive Suite 200 W Watertown, CT 06795 USA Page 10 of 30 +1-203-755-1666 7/25/2020 WaterCAD CONNECT Edition Update 2 6475.002_WaterModel.wtg Bentley Systems, Inc. Haestad Methods Solution Center [10.02.00.43] 384 Buffalo Run Water Model Report Maximum Daily Demand Scenario Junction Table - Time: 0.00 hours Pressure (psi) Hydraulic Grade (ft) Demand (gpm) Elevation (ft) Label Notes Is Active? J-3 True 4,997.69 0 5,106.44 47 J-5 True 4,997.34 0 5,106.36 47 J-9 True 4,997.23 0 5,106.37 47 J-27 True 4,997.20 0 5,106.36 47 J-10 True 4,997.19 0 5,106.36 47 J-38 BDLG-4 True 4,997.09 11 5,106.37 47 J-6 True 4,997.08 0 5,106.36 47 J-24 True 4,996.83 0 5,106.36 47 J-4 True 4,996.74 0 5,106.39 47 J-7 True 4,996.43 0 5,106.39 48 J-26 True 4,996.43 0 5,106.39 48 27 Siemon Company Drive Suite 200 W Watertown, CT 06795 USA Page 11 of 30 +1-203-755-1666 7/25/2020 WaterCAD CONNECT Edition Update 2 6475.002_WaterModel.wtg Bentley Systems, Inc. Haestad Methods Solution Center [10.02.00.43] 385 Buffalo Run Water Model Report Maximum Daily Demand Scenario Hydrant Table - Time: 0.00 hours Pressure (psi) Demand Demand Collection (gpm) Elevation (ft) Label Is Active? H-1 True 4,997.28 0 <Collection: 1 item> 47 H-2 True 4,996.55 0 <Collection: 1 item> 48 H-3 True 4,997.41 0 <Collection: 1 item> 47 H-4 True 4,996.59 0 <Collection: 1 item> 48 H-5 True 5,001.83 0 <Collection: 1 item> 45 H-6 True 5,000.24 0 <Collection: 1 item> 46 H-7 True 5,002.36 0 <Collection: 1 item> 45 H-8 True 5,006.38 0 <Collection: 1 item> 43 H-9 True 5,005.21 0 <Collection: 1 item> 44 H-10 True 5,007.93 0 <Collection: 1 item> 43 H-11 True 4,998.15 0 <Collection: 1 item> 47 27 Siemon Company Drive Suite 200 W Watertown, CT 06795 USA Page 12 of 30 +1-203-755-1666 7/25/2020 WaterCAD CONNECT Edition Update 2 6475.002_WaterModel.wtg Bentley Systems, Inc. Haestad Methods Solution Center [10.02.00.43] 386 Buffalo Run Water Model Report Maximum Daily Demand Scenario Pipe Table - Time: 0.00 hours Length (User Defined) (ft) Has User Defined Length? Length (Scaled) (ft) Velocity (ft/s) Flow (gpm) Hazen-Williams C Diameter Material (in) Label Is Active? P-1 True 8.5 Ductile Iron 130.0 113 0.64 111 False 0 P-2 True 8.5 Ductile Iron 130.0 113 0.64 23 False 0 P-3 True 8.5 Ductile Iron 130.0 113 0.64 236 False 0 P-4(1) True 8.5 Ductile Iron 130.0 50 0.29 274 False 0 P-4(2) True 8.5 Ductile Iron 130.0 39 0.22 110 False 0 P-4(3) True 8.5 Ductile Iron 130.0 39 0.22 307 False 0 P-5(1) True 8.5 Ductile Iron 130.0 0 0.00 357 False 0 P-5(2) True 8.5 Ductile Iron 130.0 0 0.00 38 False 0 P-6 True 8.5 Ductile Iron 130.0 0 0.00 14 False 0 P-8 True 8.5 Ductile Iron 130.0 0 0.00 14 False 0 P-9(1) True 8.5 Ductile Iron 130.0 39 0.22 131 False 0 P-9(2) True 8.5 Ductile Iron 130.0 28 0.16 68 False 0 P-9(3) True 8.5 Ductile Iron 130.0 16 0.09 39 False 0 P-9(4) True 8.5 Ductile Iron 130.0 15 0.09 61 False 0 P-10(1) True 8.5 Ductile Iron 130.0 2 0.01 204 False 0 P-10(2) True 8.5 Ductile Iron 130.0 -11 0.06 8 False 0 P-10(3) True 8.5 Ductile Iron 130.0 -25 0.14 95 False 0 P-11(1) True 8.5 Ductile Iron 130.0 -25 0.14 177 False 0 P-11(2) True 8.5 Ductile Iron 130.0 -39 0.22 8 False 0 P-11(3) True 8.5 Ductile Iron 130.0 -53 0.30 197 False 0 P-12(1) True 8.5 Ductile Iron 130.0 62 0.35 126 False 0 P-12(2) True 8.5 Ductile Iron 130.0 50 0.28 173 False 0 P-13(1) True 8.5 Ductile Iron 130.0 -3 0.02 25 False 0 P-13(2) True 8.5 Ductile Iron 130.0 -3 0.02 149 False 0 P-13(3) True 8.5 Ductile Iron 130.0 -16 0.09 133 False 0 P-14(1) True 8.5 Ductile Iron 130.0 38 0.21 284 False 0 P-14(2) True 8.5 Ductile Iron 130.0 26 0.15 96 False 0 P-15 True 8.5 Ductile Iron 130.0 26 0.15 308 False 0 27 Siemon Company Drive Suite 200 W Watertown, CT 06795 USA Page 13 of 30 +1-203-755-1666 7/25/2020 WaterCAD CONNECT Edition Update 2 6475.002_WaterModel.wtg Bentley Systems, Inc. Haestad Methods Solution Center [10.02.00.43] 387 Buffalo Run Water Model Report Maximum Daily Demand Scenario Pipe Table - Time: 0.00 hours Length (User Defined) (ft) Has User Defined Length? Length (Scaled) (ft) Velocity (ft/s) Flow (gpm) Hazen-Williams C Diameter Material (in) Label Is Active? P-16 True 8.5 Ductile Iron 130.0 13 0.07 43 False 0 P-17(1) True 8.5 Ductile Iron 130.0 13 0.07 82 False 0 P-17(2) True 8.5 Ductile Iron 130.0 -1 0.01 63 False 0 P-17(3) True 8.5 Ductile Iron 130.0 -12 0.07 9 False 0 P-17(4) True 8.5 Ductile Iron 130.0 -26 0.15 110 False 0 P-18 True 8.5 Ductile Iron 130.0 0 0.00 25 False 0 P-19 True 8.5 Ductile Iron 130.0 0 0.00 10 False 0 P-20 True 8.5 Ductile Iron 130.0 0 0.00 25 False 0 P-21 True 8.5 Ductile Iron 130.0 0 0.00 10 False 0 P-22 True 8.5 Ductile Iron 130.0 -53 0.30 266 False 0 P-23 True 8.5 Ductile Iron 130.0 -53 0.30 292 False 0 P-24 True 6.4 Ductile Iron 130.0 0 0.00 27 False 0 P-25 True 6.4 Ductile Iron 130.0 0 0.00 14 False 0 P-26 True 6.4 Ductile Iron 130.0 0 0.00 15 False 0 P-27 True 6.4 Ductile Iron 130.0 0 0.00 17 False 0 P-28 True 6.4 Ductile Iron 130.0 0 0.00 14 False 0 P-29 True 6.4 Ductile Iron 130.0 0 0.00 11 False 0 P-30 True 6.4 Ductile Iron 130.0 0 0.00 16 False 0 P-31 True 6.4 Ductile Iron 130.0 0 0.00 14 False 0 P-32 True 6.4 Ductile Iron 130.0 0 0.00 26 False 0 P-33 True 6.4 Ductile Iron 130.0 0 0.00 17 False 0 P-34 True 8.5 Ductile Iron 130.0 0 0.00 11 False 0 P-36 True 8.5 Ductile Iron 130.0 0 0.00 11 False 0 P-37 True 6.4 Ductile Iron 130.0 0 0.00 14 False 0 P-38 False 40.0 Ductile Iron 200.0 -166 0.04 18 True 1 P-39 False 40.0 Ductile Iron 200.0 -166 0.04 16 True 1 P-41 True 40.0 Ductile Iron 200.0 (N/A) (N/A) 30 False 0 P-42 True 40.0 Ductile Iron 200.0 (N/A) (N/A) 42 False 0 27 Siemon Company Drive Suite 200 W Watertown, CT 06795 USA Page 14 of 30 +1-203-755-1666 7/25/2020 WaterCAD CONNECT Edition Update 2 6475.002_WaterModel.wtg Bentley Systems, Inc. Haestad Methods Solution Center [10.02.00.43] 388 Buffalo Run Water Model Report Maximum Daily Demand Scenario Pipe Table - Time: 0.00 hours Length (User Defined) (ft) Has User Defined Length? Length (Scaled) (ft) Velocity (ft/s) Flow (gpm) Hazen-Williams C Diameter Material (in) Label Is Active? P-48 True 8.5 Ductile Iron 130.0 53 0.30 1,105 False 0 27 Siemon Company Drive Suite 200 W Watertown, CT 06795 USA Page 15 of 30 +1-203-755-1666 7/25/2020 WaterCAD CONNECT Edition Update 2 6475.002_WaterModel.wtg Bentley Systems, Inc. Haestad Methods Solution Center [10.02.00.43] 389 Buffalo Run Water Model Report Peak Hour Demand Scenario Reservoir Table - Time: 0.00 hours Hydraulic Grade (ft) Flow (Out net) (gpm) Elevation (ft) Label Notes Is Active? R-1 SUPPLY - HYD 2112 False 4,998.63 217 4,998.63 R-3 SUPPLY - HYD 2108 True 5,017.16 (N/A) (N/A) Pump Table - Time: 0.00 hours Pump Head (ft) Flow (Total) (gpm) Hydraulic Grade (Discharge) (ft) Hydraulic Grade (Suction) (ft) Downstream Pipe Status (Initial) Elevation Pump Definition (ft) Label Notes PMP-1 HYD 2112 4,998.63 Hydrant2112 On P-38 4,998.63 5,106.20 217 107.57 PMP-2 HYD 2108 5,017.16 Hydrant2108 On P-41 (N/A) (N/A) (N/A) (N/A) 27 Siemon Company Drive Suite 200 W Watertown, CT 06795 USA Page 16 of 30 +1-203-755-1666 7/25/2020 WaterCAD CONNECT Edition Update 2 6475.002_WaterModel.wtg Bentley Systems, Inc. Haestad Methods Solution Center [10.02.00.43] 390 Buffalo Run Water Model Report Peak Hour Demand Scenario Junction Table - Time: 0.00 hours Pressure (psi) Hydraulic Grade (ft) Demand (gpm) Elevation (ft) Label Notes Is Active? J-23 True 5,017.16 0 5,105.81 38 J-21 True 5,008.42 0 5,105.81 42 J-20 True 5,008.20 0 5,105.81 42 J-22 True 5,008.00 0 5,105.81 42 J-14 True 5,007.62 0 5,105.81 42 J-19 True 5,006.63 0 5,105.80 43 J-18 True 5,006.50 0 5,105.80 43 J-16 True 5,006.13 0 5,105.80 43 J-36 BLDG-9 True 5,005.99 15 5,105.80 43 J-15 True 5,005.44 0 5,105.80 43 J-40 BLDG-8 True 5,004.94 16 5,105.81 44 J-33 BLDG-13 True 5,004.56 18 5,105.80 44 J-34 BLDG-11 True 5,004.43 15 5,105.80 44 J-32 BLDG-12 True 5,003.53 18 5,105.80 44 J-17 True 5,002.36 0 5,105.80 45 J-25 True 5,001.92 0 5,105.82 45 J-11 True 5,001.60 0 5,105.80 45 J-13 True 5,001.59 0 5,105.82 45 J-41 BLDG-7 True 5,001.02 18 5,105.81 45 J-37 BLDG-5 True 5,001.00 18 5,105.81 45 J-28 BDLG-3 True 5,000.86 18 5,105.80 45 J-35 BLDG-10 True 5,000.83 18 5,105.80 45 J-30 CLUBHOUSE True 5,000.73 1 5,105.81 45 J-12 True 5,000.49 0 5,105.80 46 J-31 BLDG-1 True 5,000.18 15 5,105.81 46 J-29 BLDG-2 True 4,999.21 15 5,105.81 46 J-39 BLDG-6 True 4,998.79 16 5,105.87 46 J-1 True 4,998.63 0 5,106.20 47 J-2 True 4,998.32 0 5,106.11 47 27 Siemon Company Drive Suite 200 W Watertown, CT 06795 USA Page 17 of 30 +1-203-755-1666 7/25/2020 WaterCAD CONNECT Edition Update 2 6475.002_WaterModel.wtg Bentley Systems, Inc. Haestad Methods Solution Center [10.02.00.43] 391 Buffalo Run Water Model Report Peak Hour Demand Scenario Junction Table - Time: 0.00 hours Pressure (psi) Hydraulic Grade (ft) Demand (gpm) Elevation (ft) Label Notes Is Active? J-3 True 4,997.69 0 5,106.09 47 J-5 True 4,997.34 0 5,105.82 47 J-9 True 4,997.23 0 5,105.86 47 J-27 True 4,997.20 0 5,105.82 47 J-10 True 4,997.19 0 5,105.82 47 J-38 BDLG-4 True 4,997.09 15 5,105.87 47 J-6 True 4,997.08 0 5,105.82 47 J-24 True 4,996.83 0 5,105.82 47 J-4 True 4,996.74 0 5,105.91 47 J-7 True 4,996.43 0 5,105.91 47 J-26 True 4,996.43 0 5,105.91 47 27 Siemon Company Drive Suite 200 W Watertown, CT 06795 USA Page 18 of 30 +1-203-755-1666 7/25/2020 WaterCAD CONNECT Edition Update 2 6475.002_WaterModel.wtg Bentley Systems, Inc. Haestad Methods Solution Center [10.02.00.43] 392 Buffalo Run Water Model Report Peak Hour Demand Scenario Hydrant Table - Time: 0.00 hours Pressure (psi) Demand Demand Collection (gpm) Elevation (ft) Label Is Active? H-1 True 4,997.28 0 <Collection: 1 item> 47 H-2 True 4,996.55 0 <Collection: 1 item> 47 H-3 True 4,997.41 0 <Collection: 1 item> 47 H-4 True 4,996.59 0 <Collection: 1 item> 47 H-5 True 5,001.83 0 <Collection: 1 item> 45 H-6 True 5,000.24 0 <Collection: 1 item> 46 H-7 True 5,002.36 0 <Collection: 1 item> 45 H-8 True 5,006.38 0 <Collection: 1 item> 43 H-9 True 5,005.21 0 <Collection: 1 item> 44 H-10 True 5,007.93 0 <Collection: 1 item> 42 H-11 True 4,998.15 0 <Collection: 1 item> 47 27 Siemon Company Drive Suite 200 W Watertown, CT 06795 USA Page 19 of 30 +1-203-755-1666 7/25/2020 WaterCAD CONNECT Edition Update 2 6475.002_WaterModel.wtg Bentley Systems, Inc. Haestad Methods Solution Center [10.02.00.43] 393 Buffalo Run Water Model Report Peak Hour Demand Scenario Pipe Table - Time: 0.00 hours Length (User Defined) (ft) Has User Defined Length? Length (Scaled) (ft) Velocity (ft/s) Flow (gpm) Hazen-Williams C Diameter Material (in) Label Is Active? P-1 True 8.5 Ductile Iron 130.0 217 1.22 111 False 0 P-2 True 8.5 Ductile Iron 130.0 217 1.22 23 False 0 P-3 True 8.5 Ductile Iron 130.0 217 1.22 236 False 0 P-4(1) True 8.5 Ductile Iron 130.0 86 0.49 274 False 0 P-4(2) True 8.5 Ductile Iron 130.0 71 0.40 110 False 0 P-4(3) True 8.5 Ductile Iron 130.0 71 0.40 307 False 0 P-5(1) True 8.5 Ductile Iron 130.0 0 0.00 357 False 0 P-5(2) True 8.5 Ductile Iron 130.0 0 0.00 38 False 0 P-6 True 8.5 Ductile Iron 130.0 0 0.00 14 False 0 P-8 True 8.5 Ductile Iron 130.0 0 0.00 14 False 0 P-9(1) True 8.5 Ductile Iron 130.0 71 0.40 131 False 0 P-9(2) True 8.5 Ductile Iron 130.0 56 0.32 68 False 0 P-9(3) True 8.5 Ductile Iron 130.0 41 0.23 39 False 0 P-9(4) True 8.5 Ductile Iron 130.0 40 0.22 61 False 0 P-10(1) True 8.5 Ductile Iron 130.0 8 0.04 204 False 0 P-10(2) True 8.5 Ductile Iron 130.0 -10 0.06 8 False 0 P-10(3) True 8.5 Ductile Iron 130.0 -28 0.16 95 False 0 P-11(1) True 8.5 Ductile Iron 130.0 -28 0.16 177 False 0 P-11(2) True 8.5 Ductile Iron 130.0 -46 0.26 8 False 0 P-11(3) True 8.5 Ductile Iron 130.0 -64 0.36 197 False 0 P-12(1) True 8.5 Ductile Iron 130.0 131 0.74 126 False 0 P-12(2) True 8.5 Ductile Iron 130.0 114 0.65 173 False 0 P-13(1) True 8.5 Ductile Iron 130.0 50 0.28 25 False 0 P-13(2) True 8.5 Ductile Iron 130.0 50 0.28 149 False 0 P-13(3) True 8.5 Ductile Iron 130.0 34 0.19 133 False 0 P-14(1) True 8.5 Ductile Iron 130.0 34 0.19 284 False 0 P-14(2) True 8.5 Ductile Iron 130.0 19 0.11 96 False 0 P-15 True 8.5 Ductile Iron 130.0 19 0.11 308 False 0 27 Siemon Company Drive Suite 200 W Watertown, CT 06795 USA Page 20 of 30 +1-203-755-1666 7/25/2020 WaterCAD CONNECT Edition Update 2 6475.002_WaterModel.wtg Bentley Systems, Inc. Haestad Methods Solution Center [10.02.00.43] 394 Buffalo Run Water Model Report Peak Hour Demand Scenario Pipe Table - Time: 0.00 hours Length (User Defined) (ft) Has User Defined Length? Length (Scaled) (ft) Velocity (ft/s) Flow (gpm) Hazen-Williams C Diameter Material (in) Label Is Active? P-16 True 8.5 Ductile Iron 130.0 32 0.18 43 False 0 P-17(1) True 8.5 Ductile Iron 130.0 32 0.18 82 False 0 P-17(2) True 8.5 Ductile Iron 130.0 14 0.08 63 False 0 P-17(3) True 8.5 Ductile Iron 130.0 -1 0.01 9 False 0 P-17(4) True 8.5 Ductile Iron 130.0 -19 0.11 110 False 0 P-18 True 8.5 Ductile Iron 130.0 0 0.00 25 False 0 P-19 True 8.5 Ductile Iron 130.0 0 0.00 10 False 0 P-20 True 8.5 Ductile Iron 130.0 0 0.00 25 False 0 P-21 True 8.5 Ductile Iron 130.0 0 0.00 10 False 0 P-22 True 8.5 Ductile Iron 130.0 0 0.00 266 False 0 P-23 True 8.5 Ductile Iron 130.0 0 0.00 292 False 0 P-24 True 6.4 Ductile Iron 130.0 0 0.00 27 False 0 P-25 True 6.4 Ductile Iron 130.0 0 0.00 14 False 0 P-26 True 6.4 Ductile Iron 130.0 0 0.00 15 False 0 P-27 True 6.4 Ductile Iron 130.0 0 0.00 17 False 0 P-28 True 6.4 Ductile Iron 130.0 0 0.00 14 False 0 P-29 True 6.4 Ductile Iron 130.0 0 0.00 11 False 0 P-30 True 6.4 Ductile Iron 130.0 0 0.00 16 False 0 P-31 True 6.4 Ductile Iron 130.0 0 0.00 14 False 0 P-32 True 6.4 Ductile Iron 130.0 0 0.00 26 False 0 P-33 True 6.4 Ductile Iron 130.0 0 0.00 17 False 0 P-34 True 8.5 Ductile Iron 130.0 0 0.00 11 False 0 P-36 True 8.5 Ductile Iron 130.0 0 0.00 11 False 0 P-37 True 6.4 Ductile Iron 130.0 0 0.00 14 False 0 P-38 False 40.0 Ductile Iron 200.0 -217 0.06 18 True 1 P-39 False 40.0 Ductile Iron 200.0 -217 0.06 16 True 1 P-41 True 40.0 Ductile Iron 200.0 (N/A) (N/A) 30 False 0 P-42 True 40.0 Ductile Iron 200.0 (N/A) (N/A) 42 False 0 27 Siemon Company Drive Suite 200 W Watertown, CT 06795 USA Page 21 of 30 +1-203-755-1666 7/25/2020 WaterCAD CONNECT Edition Update 2 6475.002_WaterModel.wtg Bentley Systems, Inc. Haestad Methods Solution Center [10.02.00.43] 395 Buffalo Run Water Model Report Peak Hour Demand Scenario Pipe Table - Time: 0.00 hours Length (User Defined) (ft) Has User Defined Length? Length (Scaled) (ft) Velocity (ft/s) Flow (gpm) Hazen-Williams C Diameter Material (in) Label Is Active? P-48 True 8.5 Ductile Iron 130.0 (N/A) (N/A) 1,105 False 0 27 Siemon Company Drive Suite 200 W Watertown, CT 06795 USA Page 22 of 30 +1-203-755-1666 7/25/2020 WaterCAD CONNECT Edition Update 2 6475.002_WaterModel.wtg Bentley Systems, Inc. Haestad Methods Solution Center [10.02.00.43] 396 Buffalo Run Water Model Report MDD + Fire Flow (H-8) Reservoir Table - Time: 0.00 hours Hydraulic Grade (ft) Flow (Out net) (gpm) Elevation (ft) Label Notes Is Active? R-1 SUPPLY - HYD 2112 False 4,998.63 (N/A) (N/A) R-3 SUPPLY - HYD 2108 True 5,017.16 1,666 5,017.16 Pump Table - Time: 0.00 hours Pump Head (ft) Flow (Total) (gpm) Hydraulic Grade (Discharge) (ft) Hydraulic Grade (Suction) (ft) Downstream Pipe Status (Initial) Elevation Pump Definition (ft) Label Notes PMP-1 HYD 2112 4,998.63 Hydrant2112 On P-38 (N/A) (N/A) (N/A) (N/A) PMP-2 HYD 2108 5,017.16 Hydrant2108 On P-41 5,017.16 5,092.36 1,666 75.20 27 Siemon Company Drive Suite 200 W Watertown, CT 06795 USA Page 23 of 30 +1-203-755-1666 7/25/2020 WaterCAD CONNECT Edition Update 2 6475.002_WaterModel.wtg Bentley Systems, Inc. Haestad Methods Solution Center [10.02.00.43] 397 Buffalo Run Water Model Report MDD + Fire Flow (H-8) Junction Table - Time: 0.00 hours Pressure (psi) Hydraulic Grade (ft) Demand (gpm) Elevation (ft) Label Notes Is Active? J-23 True 5,017.16 0 5,092.36 33 J-21 True 5,008.42 0 5,083.97 33 J-20 True 5,008.20 0 5,083.97 33 J-22 True 5,008.00 0 5,087.97 35 J-14 True 5,007.62 0 5,083.97 33 J-19 True 5,006.63 0 5,077.89 31 J-18 True 5,006.50 0 5,077.89 31 J-16 True 5,006.13 0 5,078.61 31 J-36 BLDG-9 True 5,005.99 11 5,081.72 33 J-15 True 5,005.44 0 5,080.98 33 J-40 BLDG-8 True 5,004.94 13 5,083.76 34 J-33 BLDG-13 True 5,004.56 14 5,079.52 32 J-34 BLDG-11 True 5,004.43 11 5,079.60 33 J-32 BLDG-12 True 5,003.53 14 5,080.15 33 J-17 True 5,002.36 0 5,080.90 34 J-25 True 5,001.92 0 5,083.55 35 J-11 True 5,001.60 0 5,081.29 34 J-13 True 5,001.59 0 5,083.51 35 J-41 BLDG-7 True 5,001.02 14 5,082.80 35 J-37 BLDG-5 True 5,001.00 14 5,082.78 35 J-28 BDLG-3 True 5,000.86 14 5,081.88 35 J-35 BLDG-10 True 5,000.83 14 5,081.90 35 J-30 CLUBHOUSE True 5,000.73 1 5,081.42 35 J-12 True 5,000.49 0 5,082.21 35 J-31 BLDG-1 True 5,000.18 11 5,081.51 35 J-29 BLDG-2 True 4,999.21 11 5,081.66 36 J-39 BLDG-6 True 4,998.79 13 5,083.62 37 J-1 True 4,998.63 0 5,085.71 38 J-2 True 4,998.32 0 5,085.11 38 27 Siemon Company Drive Suite 200 W Watertown, CT 06795 USA Page 24 of 30 +1-203-755-1666 7/25/2020 WaterCAD CONNECT Edition Update 2 6475.002_WaterModel.wtg Bentley Systems, Inc. Haestad Methods Solution Center [10.02.00.43] 398 Buffalo Run Water Model Report MDD + Fire Flow (H-8) Junction Table - Time: 0.00 hours Pressure (psi) Hydraulic Grade (ft) Demand (gpm) Elevation (ft) Label Notes Is Active? J-3 True 4,997.69 0 5,084.99 38 J-5 True 4,997.34 0 5,081.98 37 J-9 True 4,997.23 0 5,082.73 37 J-27 True 4,997.20 0 5,081.98 37 J-10 True 4,997.19 0 5,081.98 37 J-38 BDLG-4 True 4,997.09 11 5,083.00 37 J-6 True 4,997.08 0 5,081.98 37 J-24 True 4,996.83 0 5,081.98 37 J-4 True 4,996.74 0 5,083.71 38 J-7 True 4,996.43 0 5,083.71 38 J-26 True 4,996.43 0 5,083.71 38 27 Siemon Company Drive Suite 200 W Watertown, CT 06795 USA Page 25 of 30 +1-203-755-1666 7/25/2020 WaterCAD CONNECT Edition Update 2 6475.002_WaterModel.wtg Bentley Systems, Inc. Haestad Methods Solution Center [10.02.00.43] 399 Buffalo Run Water Model Report MDD + Fire Flow (H-8) Hydrant Table - Time: 0.00 hours Pressure (psi) Demand Demand Collection (gpm) Elevation (ft) Label Is Active? H-1 True 4,997.28 0 <Collection: 1 item> 37 H-2 True 4,996.55 0 <Collection: 1 item> 37 H-3 True 4,997.41 0 <Collection: 1 item> 37 H-4 True 4,996.59 0 <Collection: 1 item> 38 H-5 True 5,001.83 0 <Collection: 1 item> 35 H-6 True 5,000.24 0 <Collection: 1 item> 35 H-7 True 5,002.36 0 <Collection: 1 item> 34 H-8 True 5,006.38 1,500 <Collection: 1 item> 30 H-9 True 5,005.21 0 <Collection: 1 item> 33 H-10 True 5,007.93 0 <Collection: 1 item> 33 H-11 True 4,998.15 0 <Collection: 1 item> 38 27 Siemon Company Drive Suite 200 W Watertown, CT 06795 USA Page 26 of 30 +1-203-755-1666 7/25/2020 WaterCAD CONNECT Edition Update 2 6475.002_WaterModel.wtg Bentley Systems, Inc. Haestad Methods Solution Center [10.02.00.43] 400 Buffalo Run Water Model Report MDD + Fire Flow (H-8) Pipe Table - Time: 0.00 hours Length (User Defined) (ft) Has User Defined Length? Length (Scaled) (ft) Velocity (ft/s) Flow (gpm) Hazen-Williams C Diameter Material (in) Label Is Active? P-1 True 8.5 Ductile Iron 130.0 609 3.45 111 False 0 P-2 True 8.5 Ductile Iron 130.0 609 3.45 23 False 0 P-3 True 8.5 Ductile Iron 130.0 609 3.45 236 False 0 P-4(1) True 8.5 Ductile Iron 130.0 407 2.30 274 False 0 P-4(2) True 8.5 Ductile Iron 130.0 396 2.24 110 False 0 P-4(3) True 8.5 Ductile Iron 130.0 396 2.24 307 False 0 P-5(1) True 8.5 Ductile Iron 130.0 0 0.00 357 False 0 P-5(2) True 8.5 Ductile Iron 130.0 0 0.00 38 False 0 P-6 True 8.5 Ductile Iron 130.0 0 0.00 14 False 0 P-8 True 8.5 Ductile Iron 130.0 0 0.00 14 False 0 P-9(1) True 8.5 Ductile Iron 130.0 396 2.24 131 False 0 P-9(2) True 8.5 Ductile Iron 130.0 384 2.17 68 False 0 P-9(3) True 8.5 Ductile Iron 130.0 373 2.11 39 False 0 P-9(4) True 8.5 Ductile Iron 130.0 372 2.10 61 False 0 P-10(1) True 8.5 Ductile Iron 130.0 -432 2.44 204 False 0 P-10(2) True 8.5 Ductile Iron 130.0 -446 2.52 8 False 0 P-10(3) True 8.5 Ductile Iron 130.0 -459 2.60 95 False 0 P-11(1) True 8.5 Ductile Iron 130.0 -459 2.60 177 False 0 P-11(2) True 8.5 Ductile Iron 130.0 -473 2.68 8 False 0 P-11(3) True 8.5 Ductile Iron 130.0 -487 2.75 197 False 0 P-12(1) True 8.5 Ductile Iron 130.0 202 1.14 126 False 0 P-12(2) True 8.5 Ductile Iron 130.0 189 1.07 173 False 0 P-13(1) True 8.5 Ductile Iron 130.0 -298 1.68 25 False 0 P-13(2) True 8.5 Ductile Iron 130.0 -298 1.68 149 False 0 P-13(3) True 8.5 Ductile Iron 130.0 -310 1.75 133 False 0 P-14(1) True 8.5 Ductile Iron 130.0 747 4.22 284 False 0 P-14(2) True 8.5 Ductile Iron 130.0 735 4.16 96 False 0 P-15 True 8.5 Ductile Iron 130.0 735 4.16 308 False 0 27 Siemon Company Drive Suite 200 W Watertown, CT 06795 USA Page 27 of 30 +1-203-755-1666 7/25/2020 WaterCAD CONNECT Edition Update 2 6475.002_WaterModel.wtg Bentley Systems, Inc. Haestad Methods Solution Center [10.02.00.43] 401 Buffalo Run Water Model Report MDD + Fire Flow (H-8) Pipe Table - Time: 0.00 hours Length (User Defined) (ft) Has User Defined Length? Length (Scaled) (ft) Velocity (ft/s) Flow (gpm) Hazen-Williams C Diameter Material (in) Label Is Active? P-16 True 8.5 Ductile Iron 130.0 804 4.54 43 False 0 P-17(1) True 8.5 Ductile Iron 130.0 804 4.54 82 False 0 P-17(2) True 8.5 Ductile Iron 130.0 790 4.47 63 False 0 P-17(3) True 8.5 Ductile Iron 130.0 779 4.40 9 False 0 P-17(4) True 8.5 Ductile Iron 130.0 765 4.32 110 False 0 P-18 True 8.5 Ductile Iron 130.0 1,500 8.48 25 False 0 P-19 True 8.5 Ductile Iron 130.0 0 0.00 10 False 0 P-20 True 8.5 Ductile Iron 130.0 0 0.00 25 False 0 P-21 True 8.5 Ductile Iron 130.0 0 0.00 10 False 0 P-22 True 8.5 Ductile Iron 130.0 -1,057 5.98 266 False 0 P-23 True 8.5 Ductile Iron 130.0 -1,057 5.98 292 False 0 P-24 True 6.4 Ductile Iron 130.0 0 0.00 27 False 0 P-25 True 6.4 Ductile Iron 130.0 0 0.00 14 False 0 P-26 True 6.4 Ductile Iron 130.0 0 0.00 15 False 0 P-27 True 6.4 Ductile Iron 130.0 1,500 14.96 17 False 0 P-28 True 6.4 Ductile Iron 130.0 0 0.00 14 False 0 P-29 True 6.4 Ductile Iron 130.0 0 0.00 11 False 0 P-30 True 6.4 Ductile Iron 130.0 0 0.00 16 False 0 P-31 True 6.4 Ductile Iron 130.0 0 0.00 14 False 0 P-32 True 6.4 Ductile Iron 130.0 0 0.00 26 False 0 P-33 True 6.4 Ductile Iron 130.0 0 0.00 17 False 0 P-34 True 8.5 Ductile Iron 130.0 0 0.00 11 False 0 P-36 True 8.5 Ductile Iron 130.0 0 0.00 11 False 0 P-37 True 6.4 Ductile Iron 130.0 0 0.00 14 False 0 P-38 False 40.0 Ductile Iron 200.0 (N/A) (N/A) 18 True 1 P-39 False 40.0 Ductile Iron 200.0 (N/A) (N/A) 16 True 1 P-41 True 40.0 Ductile Iron 200.0 1,666 0.43 30 False 0 P-42 True 40.0 Ductile Iron 200.0 1,666 0.43 42 False 0 27 Siemon Company Drive Suite 200 W Watertown, CT 06795 USA Page 28 of 30 +1-203-755-1666 7/25/2020 WaterCAD CONNECT Edition Update 2 6475.002_WaterModel.wtg Bentley Systems, Inc. Haestad Methods Solution Center [10.02.00.43] 402 Buffalo Run Water Model Report MDD + Fire Flow (H-8) Pipe Table - Time: 0.00 hours Length (User Defined) (ft) Has User Defined Length? Length (Scaled) (ft) Velocity (ft/s) Flow (gpm) Hazen-Williams C Diameter Material (in) Label Is Active? P-48 True 8.5 Ductile Iron 130.0 -609 3.45 1,105 False 0 27 Siemon Company Drive Suite 200 W Watertown, CT 06795 USA Page 29 of 30 +1-203-755-1666 7/25/2020 WaterCAD CONNECT Edition Update 2 6475.002_WaterModel.wtg Bentley Systems, Inc. Haestad Methods Solution Center [10.02.00.43] 403 Buffalo Run Water Model Report Automated Fire Flow Results Fire Flow Report - Time: 0.00 hours Is Fire Flow Run Balanced? Junction w/ Minimum Pressure (System) Pressure (Calculated Residual) (psi) Pressure (Residual Lower Limit) (psi) Satisfies Fire Flow Constraints? Fire Flow (Available) (gpm) Fire Flow (Needed) (gpm) Fire Flow Iterations Label Zone H-1 <None> 3 0 2,204 True 0 20 J-19 True H-2 <None> 3 0 2,311 True 0 20 J-19 True H-3 <None> 3 0 1,926 True 0 20 J-6 True H-4 <None> 3 0 2,381 True 0 20 J-19 True H-5 <None> 3 0 2,384 True 0 20 J-21 True H-6 <None> 3 0 2,257 True 0 20 J-12 True H-7 <None> 3 0 2,236 True 0 20 J-19 True H-8 <None> 3 0 2,064 True 0 20 J-19 True H-9 <None> 3 0 2,160 True 0 20 J-15 True H-10 <None> 3 0 2,263 True 0 20 J-21 True H-11 <None> 3 0 2,396 True 0 20 J-2 True 27 Siemon Company Drive Suite 200 W Watertown, CT 06795 USA Page 30 of 30 +1-203-755-1666 7/25/2020 WaterCAD CONNECT Edition Update 2 6475.002_WaterModel.wtg Bentley Systems, Inc. Haestad Methods Solution Center [10.02.00.43] 404 F APPENDIX F NRCS SOILS REPORT 405 United States Department of Agriculture A product of the National Cooperative Soil Survey, a joint effort of the United States Department of Agriculture and other Federal agencies, State agencies including the Agricultural Experiment Stations, and local participants Custom Soil Resource Report for Gallatin County Area, Montana Buffalo Run Natural Resources Conservation Service July 20, 2020406 Preface Soil surveys contain information that affects land use planning in survey areas. They highlight soil limitations that affect various land uses and provide information about the properties of the soils in the survey areas. Soil surveys are designed for many different users, including farmers, ranchers, foresters, agronomists, urban planners, community officials, engineers, developers, builders, and home buyers. Also, conservationists, teachers, students, and specialists in recreation, waste disposal, and pollution control can use the surveys to help them understand, protect, or enhance the environment. Various land use regulations of Federal, State, and local governments may impose special restrictions on land use or land treatment. Soil surveys identify soil properties that are used in making various land use or land treatment decisions. The information is intended to help the land users identify and reduce the effects of soil limitations on various land uses. The landowner or user is responsible for identifying and complying with existing laws and regulations. Although soil survey information can be used for general farm, local, and wider area planning, onsite investigation is needed to supplement this information in some cases. Examples include soil quality assessments (http://www.nrcs.usda.gov/wps/ portal/nrcs/main/soils/health/) and certain conservation and engineering applications. For more detailed information, contact your local USDA Service Center (https://offices.sc.egov.usda.gov/locator/app?agency=nrcs) or your NRCS State Soil Scientist (http://www.nrcs.usda.gov/wps/portal/nrcs/detail/soils/contactus/? cid=nrcs142p2_053951). Great differences in soil properties can occur within short distances. Some soils are seasonally wet or subject to flooding. Some are too unstable to be used as a foundation for buildings or roads. Clayey or wet soils are poorly suited to use as septic tank absorption fields. A high water table makes a soil poorly suited to basements or underground installations. The National Cooperative Soil Survey is a joint effort of the United States Department of Agriculture and other Federal agencies, State agencies including the Agricultural Experiment Stations, and local agencies. The Natural Resources Conservation Service (NRCS) has leadership for the Federal part of the National Cooperative Soil Survey. Information about soils is updated periodically. Updated information is available through the NRCS Web Soil Survey, the site for official soil survey information. The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or a part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require 2 407 alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410 or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer. 3 408 Contents Preface.................................................................................................................... 2 How Soil Surveys Are Made..................................................................................5 Soil Map.................................................................................................................. 8 Soil Map................................................................................................................9 Legend................................................................................................................10 Map Unit Legend................................................................................................ 11 Map Unit Descriptions.........................................................................................11 Gallatin County Area, Montana.......................................................................13 448A—Hyalite-Beaverton complex, moderately wet, 0 to 2 percent slopes....................................................................................................13 457A—Turner loam, moderately wet, 0 to 2 percent slopes....................... 15 510B—Meadowcreek loam, 0 to 4 percent slopes......................................16 References............................................................................................................18 4 409 How Soil Surveys Are Made Soil surveys are made to provide information about the soils and miscellaneous areas in a specific area. They include a description of the soils and miscellaneous areas and their location on the landscape and tables that show soil properties and limitations affecting various uses. Soil scientists observed the steepness, length, and shape of the slopes; the general pattern of drainage; the kinds of crops and native plants; and the kinds of bedrock. They observed and described many soil profiles. A soil profile is the sequence of natural layers, or horizons, in a soil. The profile extends from the surface down into the unconsolidated material in which the soil formed or from the surface down to bedrock. The unconsolidated material is devoid of roots and other living organisms and has not been changed by other biological activity. Currently, soils are mapped according to the boundaries of major land resource areas (MLRAs). MLRAs are geographically associated land resource units that share common characteristics related to physiography, geology, climate, water resources, soils, biological resources, and land uses (USDA, 2006). Soil survey areas typically consist of parts of one or more MLRA. The soils and miscellaneous areas in a survey area occur in an orderly pattern that is related to the geology, landforms, relief, climate, and natural vegetation of the area. Each kind of soil and miscellaneous area is associated with a particular kind of landform or with a segment of the landform. By observing the soils and miscellaneous areas in the survey area and relating their position to specific segments of the landform, a soil scientist develops a concept, or model, of how they were formed. Thus, during mapping, this model enables the soil scientist to predict with a considerable degree of accuracy the kind of soil or miscellaneous area at a specific location on the landscape. Commonly, individual soils on the landscape merge into one another as their characteristics gradually change. To construct an accurate soil map, however, soil scientists must determine the boundaries between the soils. They can observe only a limited number of soil profiles. Nevertheless, these observations, supplemented by an understanding of the soil-vegetation-landscape relationship, are sufficient to verify predictions of the kinds of soil in an area and to determine the boundaries. Soil scientists recorded the characteristics of the soil profiles that they studied. They noted soil color, texture, size and shape of soil aggregates, kind and amount of rock fragments, distribution of plant roots, reaction, and other features that enable them to identify soils. After describing the soils in the survey area and determining their properties, the soil scientists assigned the soils to taxonomic classes (units). Taxonomic classes are concepts. Each taxonomic class has a set of soil characteristics with precisely defined limits. The classes are used as a basis for comparison to classify soils systematically. Soil taxonomy, the system of taxonomic classification used in the United States, is based mainly on the kind and character of soil properties and the arrangement of horizons within the profile. After the soil 5 410 scientists classified and named the soils in the survey area, they compared the individual soils with similar soils in the same taxonomic class in other areas so that they could confirm data and assemble additional data based on experience and research. The objective of soil mapping is not to delineate pure map unit components; the objective is to separate the landscape into landforms or landform segments that have similar use and management requirements. Each map unit is defined by a unique combination of soil components and/or miscellaneous areas in predictable proportions. Some components may be highly contrasting to the other components of the map unit. The presence of minor components in a map unit in no way diminishes the usefulness or accuracy of the data. The delineation of such landforms and landform segments on the map provides sufficient information for the development of resource plans. If intensive use of small areas is planned, onsite investigation is needed to define and locate the soils and miscellaneous areas. Soil scientists make many field observations in the process of producing a soil map. The frequency of observation is dependent upon several factors, including scale of mapping, intensity of mapping, design of map units, complexity of the landscape, and experience of the soil scientist. Observations are made to test and refine the soil-landscape model and predictions and to verify the classification of the soils at specific locations. Once the soil-landscape model is refined, a significantly smaller number of measurements of individual soil properties are made and recorded. These measurements may include field measurements, such as those for color, depth to bedrock, and texture, and laboratory measurements, such as those for content of sand, silt, clay, salt, and other components. Properties of each soil typically vary from one point to another across the landscape. Observations for map unit components are aggregated to develop ranges of characteristics for the components. The aggregated values are presented. Direct measurements do not exist for every property presented for every map unit component. Values for some properties are estimated from combinations of other properties. While a soil survey is in progress, samples of some of the soils in the area generally are collected for laboratory analyses and for engineering tests. Soil scientists interpret the data from these analyses and tests as well as the field-observed characteristics and the soil properties to determine the expected behavior of the soils under different uses. Interpretations for all of the soils are field tested through observation of the soils in different uses and under different levels of management. Some interpretations are modified to fit local conditions, and some new interpretations are developed to meet local needs. Data are assembled from other sources, such as research information, production records, and field experience of specialists. For example, data on crop yields under defined levels of management are assembled from farm records and from field or plot experiments on the same kinds of soil. Predictions about soil behavior are based not only on soil properties but also on such variables as climate and biological activity. Soil conditions are predictable over long periods of time, but they are not predictable from year to year. For example, soil scientists can predict with a fairly high degree of accuracy that a given soil will have a high water table within certain depths in most years, but they cannot predict that a high water table will always be at a specific level in the soil on a specific date. After soil scientists located and identified the significant natural bodies of soil in the survey area, they drew the boundaries of these bodies on aerial photographs and Custom Soil Resource Report 6 411 identified each as a specific map unit. Aerial photographs show trees, buildings, fields, roads, and rivers, all of which help in locating boundaries accurately. Custom Soil Resource Report 7 412 Soil Map The soil map section includes the soil map for the defined area of interest, a list of soil map units on the map and extent of each map unit, and cartographic symbols displayed on the map. Also presented are various metadata about data used to produce the map, and a description of each soil map unit. 8 413 9 Custom Soil Resource Report Soil Map 5054430 5054480 5054530 5054580 5054630 5054680 5054730 5054430 5054480 5054530 5054580 5054630 5054680 5054730 493480 493530 493580 493630 493680 493730 493780 493830 493880 493930 493480 493530 493580 493630 493680 493730 493780 493830 493880 493930 45° 38' 46'' N 111° 5' 2'' W 45° 38' 46'' N 111° 4' 39'' W 45° 38' 35'' N 111° 5' 2'' W 45° 38' 35'' N 111° 4' 39'' W N Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zone 12N WGS84 0 100 200 400 600 Feet 0 30 60 120 180 Meters Map Scale: 1:2,220 if printed on A landscape (11" x 8.5") sheet. Soil Map may not be valid at this scale. 414 MAP LEGEND MAP INFORMATION Area of Interest (AOI) Area of Interest (AOI) Soils Soil Map Unit Polygons Soil Map Unit Lines Soil Map Unit Points Special Point Features Blowout Borrow Pit Clay Spot Closed Depression Gravel Pit Gravelly Spot Landfill Lava Flow Marsh or swamp Mine or Quarry Miscellaneous Water Perennial Water Rock Outcrop Saline Spot Sandy Spot Severely Eroded Spot Sinkhole Slide or Slip Sodic Spot Spoil Area Stony Spot Very Stony Spot Wet Spot Other Special Line Features Water Features Streams and Canals Transportation Rails Interstate Highways US Routes Major Roads Local Roads Background Aerial Photography The soil surveys that comprise your AOI were mapped at 1:24,000. Warning: Soil Map may not be valid at this scale. Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil line placement. The maps do not show the small areas of contrasting soils that could have been shown at a more detailed scale. Please rely on the bar scale on each map sheet for map measurements. Source of Map: Natural Resources Conservation Service Web Soil Survey URL: Coordinate System: Web Mercator (EPSG:3857) Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should be used if more Map Unit Legend Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI 448A Hyalite-Beaverton complex, moderately wet, 0 to 2 percent slopes 5.8 27.8% 457A Turner loam, moderately wet, 0 to 2 percent slopes 13.6 65.2% 510B Meadowcreek loam, 0 to 4 percent slopes 1.4 7.0% Totals for Area of Interest 20.8 100.0% Map Unit Descriptions The map units delineated on the detailed soil maps in a soil survey represent the soils or miscellaneous areas in the survey area. The map unit descriptions, along with the maps, can be used to determine the composition and properties of a unit. A map unit delineation on a soil map represents an area dominated by one or more major kinds of soil or miscellaneous areas. A map unit is identified and named according to the taxonomic classification of the dominant soils. Within a taxonomic class there are precisely defined limits for the properties of the soils. On the landscape, however, the soils are natural phenomena, and they have the characteristic variability of all natural phenomena. Thus, the range of some observed properties may extend beyond the limits defined for a taxonomic class. Areas of soils of a single taxonomic class rarely, if ever, can be mapped without including areas of other taxonomic classes. Consequently, every map unit is made up of the soils or miscellaneous areas for which it is named and some minor components that belong to taxonomic classes other than those of the major soils. Most minor soils have properties similar to those of the dominant soil or soils in the map unit, and thus they do not affect use and management. These are called noncontrasting, or similar, components. They may or may not be mentioned in a particular map unit description. Other minor components, however, have properties and behavioral characteristics divergent enough to affect use or to require different management. These are called contrasting, or dissimilar, components. They generally are in small areas and could not be mapped separately because of the scale used. Some small areas of strongly contrasting soils or miscellaneous areas are identified by a special symbol on the maps. If included in the database for a given area, the contrasting minor components are identified in the map unit descriptions along with some characteristics of each. A few areas of minor components may not have been observed, and consequently they are not mentioned in the descriptions, especially where the pattern was so complex that it was impractical to make enough observations to identify all the soils and miscellaneous areas on the landscape. The presence of minor components in a map unit in no way diminishes the usefulness or accuracy of the data. The objective of mapping is not to delineate pure taxonomic classes but rather to separate the landscape into landforms or Custom Soil Resource Report 11 416 landform segments that have similar use and management requirements. The delineation of such segments on the map provides sufficient information for the development of resource plans. If intensive use of small areas is planned, however, onsite investigation is needed to define and locate the soils and miscellaneous areas. An identifying symbol precedes the map unit name in the map unit descriptions. Each description includes general facts about the unit and gives important soil properties and qualities. Soils that have profiles that are almost alike make up a soil series. Except for differences in texture of the surface layer, all the soils of a series have major horizons that are similar in composition, thickness, and arrangement. Soils of one series can differ in texture of the surface layer, slope, stoniness, salinity, degree of erosion, and other characteristics that affect their use. On the basis of such differences, a soil series is divided into soil phases. Most of the areas shown on the detailed soil maps are phases of soil series. The name of a soil phase commonly indicates a feature that affects use or management. For example, Alpha silt loam, 0 to 2 percent slopes, is a phase of the Alpha series. Some map units are made up of two or more major soils or miscellaneous areas. These map units are complexes, associations, or undifferentiated groups. A complex consists of two or more soils or miscellaneous areas in such an intricate pattern or in such small areas that they cannot be shown separately on the maps. The pattern and proportion of the soils or miscellaneous areas are somewhat similar in all areas. Alpha-Beta complex, 0 to 6 percent slopes, is an example. An association is made up of two or more geographically associated soils or miscellaneous areas that are shown as one unit on the maps. Because of present or anticipated uses of the map units in the survey area, it was not considered practical or necessary to map the soils or miscellaneous areas separately. The pattern and relative proportion of the soils or miscellaneous areas are somewhat similar. Alpha-Beta association, 0 to 2 percent slopes, is an example. An undifferentiated group is made up of two or more soils or miscellaneous areas that could be mapped individually but are mapped as one unit because similar interpretations can be made for use and management. The pattern and proportion of the soils or miscellaneous areas in a mapped area are not uniform. An area can be made up of only one of the major soils or miscellaneous areas, or it can be made up of all of them. Alpha and Beta soils, 0 to 2 percent slopes, is an example. Some surveys include miscellaneous areas. Such areas have little or no soil material and support little or no vegetation. Rock outcrop is an example. Custom Soil Resource Report 12 417 Gallatin County Area, Montana 448A—Hyalite-Beaverton complex, moderately wet, 0 to 2 percent slopes Map Unit Setting National map unit symbol: 56sq Elevation: 4,450 to 5,300 feet Mean annual precipitation: 15 to 19 inches Mean annual air temperature: 39 to 45 degrees F Frost-free period: 90 to 110 days Farmland classification: Farmland of local importance Map Unit Composition Hyalite and similar soils: 70 percent Beaverton and similar soils: 20 percent Minor components: 10 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Hyalite Setting Landform: Alluvial fans, stream terraces Down-slope shape: Linear Across-slope shape: Linear Parent material: Loamy alluvium Typical profile A - 0 to 5 inches: loam Bt1 - 5 to 9 inches: clay loam Bt2 - 9 to 17 inches: silty clay loam 2Bt3 - 17 to 26 inches: very cobbly sandy clay loam 3C - 26 to 60 inches: very cobbly loamy sand Properties and qualities Slope: 0 to 2 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Well drained Capacity of the most limiting layer to transmit water (Ksat): Moderately high (0.20 to 0.57 in/hr) Depth to water table: About 48 to 96 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum in profile: 5 percent Available water storage in profile: Low (about 4.4 inches) Interpretive groups Land capability classification (irrigated): 3e Land capability classification (nonirrigated): 4e Hydrologic Soil Group: C Ecological site: Upland Grassland (R043BP818MT) Hydric soil rating: No Custom Soil Resource Report 13 418 Description of Beaverton Setting Landform: Alluvial fans, stream terraces Down-slope shape: Linear Across-slope shape: Linear Parent material: Alluvium Typical profile A - 0 to 5 inches: cobbly loam Bt - 5 to 21 inches: very gravelly clay loam Bk - 21 to 25 inches: very cobbly coarse sandy loam 2Bk - 25 to 60 inches: extremely cobbly loamy coarse sand Properties and qualities Slope: 0 to 2 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Well drained Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.57 to 1.98 in/hr) Depth to water table: About 48 to 96 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum in profile: 15 percent Salinity, maximum in profile: Nonsaline to very slightly saline (0.0 to 2.0 mmhos/cm) Available water storage in profile: Low (about 3.7 inches) Interpretive groups Land capability classification (irrigated): 4s Land capability classification (nonirrigated): 6s Hydrologic Soil Group: B Ecological site: Upland Grassland (R043BP818MT) Hydric soil rating: No Minor Components Meadowcreek Percent of map unit: 5 percent Landform: Stream terraces Down-slope shape: Linear Across-slope shape: Linear Ecological site: Subirrigated (Sb) 15-19" p.z. (R044XS359MT) Hydric soil rating: No Beaverton Percent of map unit: 5 percent Landform: Stream terraces, alluvial fans Down-slope shape: Linear Across-slope shape: Linear Ecological site: Shallow to Gravel (SwGr) 15-19" p.z. (R044XS354MT) Hydric soil rating: No Custom Soil Resource Report 14 419 457A—Turner loam, moderately wet, 0 to 2 percent slopes Map Unit Setting National map unit symbol: 56tb Elevation: 4,300 to 5,200 feet Mean annual precipitation: 15 to 19 inches Mean annual air temperature: 39 to 45 degrees F Frost-free period: 90 to 110 days Farmland classification: Prime farmland if irrigated Map Unit Composition Turner and similar soils: 85 percent Minor components: 15 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Turner Setting Landform: Stream terraces Down-slope shape: Linear Across-slope shape: Linear Parent material: Alluvium Typical profile A - 0 to 6 inches: loam Bt - 6 to 12 inches: clay loam Bk - 12 to 26 inches: clay loam 2C - 26 to 60 inches: very gravelly loamy sand Properties and qualities Slope: 0 to 2 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Well drained Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.57 to 1.98 in/hr) Depth to water table: About 48 to 96 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum in profile: 15 percent Salinity, maximum in profile: Nonsaline to very slightly saline (0.0 to 2.0 mmhos/cm) Available water storage in profile: Low (about 5.4 inches) Interpretive groups Land capability classification (irrigated): 3e Land capability classification (nonirrigated): 3e Hydrologic Soil Group: B Ecological site: Loamy (Lo) LRU 44B-B (R044BB032MT) Hydric soil rating: No Custom Soil Resource Report 15 420 Minor Components Meadowcreek Percent of map unit: 5 percent Landform: Stream terraces Down-slope shape: Linear Across-slope shape: Linear Ecological site: Subirrigated (Sb) 15-19" p.z. (R044XS359MT) Hydric soil rating: No Beaverton Percent of map unit: 5 percent Landform: Alluvial fans, stream terraces Down-slope shape: Linear Across-slope shape: Linear Ecological site: Shallow to Gravel (SwGr) 15-19" p.z. (R044XS354MT) Hydric soil rating: No Turner Percent of map unit: 5 percent Landform: Stream terraces Down-slope shape: Linear Across-slope shape: Linear Ecological site: Silty (Si) 15-19" p.z. (R044XS355MT) Hydric soil rating: No 510B—Meadowcreek loam, 0 to 4 percent slopes Map Unit Setting National map unit symbol: 56vt Elevation: 4,200 to 5,950 feet Mean annual precipitation: 12 to 18 inches Mean annual air temperature: 39 to 45 degrees F Frost-free period: 90 to 110 days Farmland classification: Prime farmland if irrigated Map Unit Composition Meadowcreek and similar soils: 85 percent Minor components: 15 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Meadowcreek Setting Landform: Stream terraces Down-slope shape: Linear Across-slope shape: Linear Parent material: Alluvium Custom Soil Resource Report 16 421 Typical profile A - 0 to 11 inches: loam Bg - 11 to 25 inches: silt loam 2C - 25 to 60 inches: very gravelly sand Properties and qualities Slope: 0 to 4 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Somewhat poorly drained Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.57 to 1.98 in/hr) Depth to water table: About 24 to 42 inches Frequency of flooding: None Frequency of ponding: None Salinity, maximum in profile: Nonsaline to slightly saline (0.0 to 4.0 mmhos/cm) Available water storage in profile: Low (about 5.1 inches) Interpretive groups Land capability classification (irrigated): 2e Land capability classification (nonirrigated): 3e Hydrologic Soil Group: C Ecological site: Subirrigated (Sb) LRU 44B-Y (R044BY150MT) Hydric soil rating: No Minor Components Blossberg Percent of map unit: 10 percent Landform: Terraces Down-slope shape: Linear Across-slope shape: Linear Ecological site: Wet Meadow (WM) 15-19" p.z. (R044XS365MT) Hydric soil rating: Yes Beaverton Percent of map unit: 5 percent Landform: Alluvial fans, stream terraces Down-slope shape: Linear Across-slope shape: Linear Ecological site: Shallow to Gravel (SwGr) 15-19" p.z. (R044XS354MT) Hydric soil rating: No Custom Soil Resource Report 17 422 References American Association of State Highway and Transportation Officials (AASHTO). 2004. Standard specifications for transportation materials and methods of sampling and testing. 24th edition. American Society for Testing and Materials (ASTM). 2005. Standard classification of soils for engineering purposes. ASTM Standard D2487-00. Cowardin, L.M., V. Carter, F.C. Golet, and E.T. LaRoe. 1979. Classification of wetlands and deep-water habitats of the United States. U.S. Fish and Wildlife Service FWS/OBS-79/31. Federal Register. July 13, 1994. Changes in hydric soils of the United States. Federal Register. September 18, 2002. Hydric soils of the United States. Hurt, G.W., and L.M. Vasilas, editors. Version 6.0, 2006. Field indicators of hydric soils in the United States. National Research Council. 1995. Wetlands: Characteristics and boundaries. Soil Survey Division Staff. 1993. Soil survey manual. Soil Conservation Service. U.S. Department of Agriculture Handbook 18. http://www.nrcs.usda.gov/wps/portal/ nrcs/detail/national/soils/?cid=nrcs142p2_054262 Soil Survey Staff. 1999. Soil taxonomy: A basic system of soil classification for making and interpreting soil surveys. 2nd edition. Natural Resources Conservation Service, U.S. Department of Agriculture Handbook 436. http:// www.nrcs.usda.gov/wps/portal/nrcs/detail/national/soils/?cid=nrcs142p2_053577 Soil Survey Staff. 2010. Keys to soil taxonomy. 11th edition. U.S. Department of Agriculture, Natural Resources Conservation Service. http:// www.nrcs.usda.gov/wps/portal/nrcs/detail/national/soils/?cid=nrcs142p2_053580 Tiner, R.W., Jr. 1985. Wetlands of Delaware. U.S. Fish and Wildlife Service and Delaware Department of Natural Resources and Environmental Control, Wetlands Section. United States Army Corps of Engineers, Environmental Laboratory. 1987. Corps of Engineers wetlands delineation manual. Waterways Experiment Station Technical Report Y-87-1. United States Department of Agriculture, Natural Resources Conservation Service. National forestry manual. http://www.nrcs.usda.gov/wps/portal/nrcs/detail/soils/ home/?cid=nrcs142p2_053374 United States Department of Agriculture, Natural Resources Conservation Service. National range and pasture handbook. http://www.nrcs.usda.gov/wps/portal/nrcs/ detail/national/landuse/rangepasture/?cid=stelprdb1043084 18 423 United States Department of Agriculture, Natural Resources Conservation Service. National soil survey handbook, title 430-VI. http://www.nrcs.usda.gov/wps/portal/ nrcs/detail/soils/scientists/?cid=nrcs142p2_054242 United States Department of Agriculture, Natural Resources Conservation Service. 2006. Land resource regions and major land resource areas of the United States, the Caribbean, and the Pacific Basin. U.S. Department of Agriculture Handbook 296. http://www.nrcs.usda.gov/wps/portal/nrcs/detail/national/soils/? cid=nrcs142p2_053624 United States Department of Agriculture, Soil Conservation Service. 1961. Land capability classification. U.S. Department of Agriculture Handbook 210. http:// www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/nrcs142p2_052290.pdf Custom Soil Resource Report 19 424 G APPENDIX G GEOTECHNICAL REPORT 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 2880 Technology Boulevard West • Bozeman, MT 59718 (406) 587-0721 • www.m-m.net Traffic Impact Study Buffalo Run Site Development Bozeman, Gallatin County, Montana July 2020 Prepared For: Yellowstone Investment Group, PLLC PO Box 697 Evergreen, CO 80437 MMI Project No. 6475.002.00 457 Traffic Impact Study Buffalo Run Site Development | Bozeman, Montana Table of Contents | i Table of Contents Purpose of Report and Study Objectives ................................... 1 Proposed Development ........................ 1 Development Description ................................ 1 Development Horizon ...................................... 1 Existing Area Conditions ...................... 4 Study Area ...................................................... 4 Area of Influence.................................... 4 Study Area Land Use ............................. 4 Transportation Network ................................... 4 Study Area Roadway ............................. 4 Fowler Lane .............................................. 4 Study Area Intersections ........................ 6 South 27th Avenue & Kurk Drive .............. 6 Fowler Lane & Blackwood Road ............... 6 Existing Study Area Transportation System ........................... 7 Traffic Volumes ...................................... 7 South 27th Avenue & Kurk Drive .............. 8 Fowler Lane & Blackwood Road ............... 9 Estimated 2020 Existing Traffic Volumes .. 9 Pedestrians & Bicyclists ......................... 9 Transit Service ....................................... 9 Projected Traffic.................................... 9 Subdivision Traffic .......................................... 9 Development Trip Generation ................ 9 Development Trip Distribution .............. 11 Trip Assignment ................................... 12 Pedestrians & Bicyclists ................................ 12 Transit Service.............................................. 12 Non-Site Traffic............................................. 12 Method of Projection ............................ 12 Total Traffic .................................................. 16 Transportation Analyses .................... 16 Methodologies .............................................. 16 Study Scenarios ................................... 16 Analysis Methodologies ....................... 16 Two-Way Stop-Controlled (TWSC) Intersections .............................. 18 All-Way Stop-Controlled (AWSC) Intersections .............................. 18 Capacity & Level of Service Analyses ........... 18 Findings ............................................... 18 Need for Any Improvements ......................... 18 Pedestrians & Bicyclists ................................ 22 Transit Service.............................................. 22 Conclusions & Recommendations ... 22 Interior Roadways & Intersections ................ 22 Pedestrian & Bicyclist Connectivity ............... 23 Traffic Control Guidance ............................... 23 References ........................................... 24 458 Traffic Impact Study Buffalo Run Site Development | Bozeman, Montana ii | Appendices Appendices Appendix A Level of Service Concepts, Analysis Methodologies, & Standards of Significance Appendix B Trip Generation Analyses Appendix C Capacity & Level of Service Analyses C-1: Estimated 2020 Current Daily Traffic C-2: Estimated 2025 Background Traffic C-3: Estimated 2025 Total Traffic 459 Traffic Impact Study Buffalo Run Site Development | Bozeman, Montana List of Figures & Tables | iii List of Figures Figure 1: Proposed Development Location ....................................................................................... 2 Figure 2: Proposed Site Layout .......................................................................................................... 3 Figure 3: Existing Study Area Intersections Traffic Control ............................................................. 7 Figure 4: Estimated Current Daily Traffic ......................................................................................... 11 Figure 5: Primary Trip Distribution ................................................................................................... 12 Figure 6: Buffalo Run Site Development Traffic Assignment ......................................................... 14 Figure 7: Estimated 2025 Background Traffic ................................................................................. 15 Figure 8: Estimated 2025 Total Traffic.............................................................................................. 17 Figure 9: Traffic Operations Summary for Estimated 2020 Current Daily Traffic .......................... 19 Figure 10: Traffic Operations Summary for Estimated 2025 Background Traffic ......................... 20 Figure 11: Traffic Operations Summary for Estimated 2025 Total Traffic ..................................... 21 List of Tables Table 1: Estimated Trip Generation Summary for Meadow Creek Subdivision Lots Contributing to South 27th Avenue & Kurk Drive.............................................................................. 8 Table 2: Estimated Buffalo Run Site Development Trip Generation Summary ............................. 11 460 Traffic Impact Study for Buffalo Run Site Development Bozeman, Gallatin County, Montana 461 Traffic Impact Study Buffalo Run Site Development | Bozeman, Montana 1 Purpose of Report and Study Objectives This traffic impact study summarizes the potential impacts from the proposed Buffalo Run site development to be located in Bozeman, Gallatin County, Montana. The information presented in this report is intended to evaluate the safety and operational aspects of the area transportation system, providing guidance with respect to its short- and long term function, under existing conditions as well as with estimated impacts from the proposed development. Proposed Development Development Description The proposed Buffalo Run site development is to be located in Bozeman, Gallatin County, Montana on the north half of the southwest quarter of the southwest quarter of Section 23, Township 2 South, Range 5 East, Principal Meridian of Montana. Generally, the property is bordered by Fowler Lane to the west, portions of Meadow Creek Subdivision to the east, and agricultural lands to the north and south. The development location is depicted in Figure 1 on the following page. The proposed site layout is shown in Figure 2 on page 3. The proposed project is to include 288 residential condominium units and a community building that is for the private use of residents and their invited guests. The proposed Buffalo Run site development is estimated to generate a total of 2,138 average weekday trips as well as 130 and 151 trips during the average weekday AM and PM peak hours, respectively. Access to and from the proposed development include connections to Kurk Drive and South 31st Avenue. Development Horizon Full build-out and occupancy of the proposed development is estimated to occur over the course of the next five (5) years based on current development trends in the area and the size of the proposed project. Therefore, this study will assess any impacts the developments may have on the area transportation system through the year 2025. 462 Traffic Impact Study Buffalo Run Site Development | Bozeman, Montana 2 Figure 1: Proposed Development Location 463 Traffic Impact Study Buffalo Run Site Development | Bozeman, Montana 3 Figure 2: Proposed Site Layout 464 Traffic Impact Study Buffalo Run Site Development | Bozeman, Montana 4 Existing Area Conditions Study Area Area of Influence The transportation impacts from a development are largely dependent on its location and size as well as the characteristics of the surrounding transportation system. The significant impacts to the adjacent transportation system will generally be within a limited area from the site. The proposed Buffalo Run residential condominium project is not significantly large in size from a traffic generation standpoint, having fewer than 200 estimated trips during both the weekday AM and PM peak hours. Therefore, it is not anticipated that the development would have significant impacts beyond the proposed site accesses and key intersections within proximity to the proposed project. Study Area Land Use Presently, the proposed site is a single-family residence with some agricultural use. As stated previously, the property is bordered by Fowler Lane to the west, portions of Meadow Creek Subdivision to the east, and agricultural lands to the north and south. Across Fowler Lane to the west from the proposed development is existing agricultural land. Transportation Network The study area focuses on key intersections in the vicinity (within ½ mile of the site) of the proposed development. The traffic study analyzed the intersection of Fowler Lane & Blackwood Road because it is a key intersection within ½ mile. It should be noted, the current plan does not contemplate connecting to Fowler. The roadways and intersections included within this traffic impact study update are noted below: Study Area Roadway Fowler Lane Within the project study area, Fowler Lane is classified as a minor arterial roadway by the Bozeman Transportation Master Plan dated April 25, 2017 that was prepared by Robert Peccia & Associates and Alta Planning + Design. Presently, the segment adjacent to the proposed Buffalo Run site development is currently a two-lane, gravel roadway. It has a surface width of approximately 24 feet, which includes a single travel lane in each direction, northbound and southbound. The roadway links South 19th Road to the south and Stucky Road to the north. The posted speed limit on Fowler Lane within the study area is 35 mph. 465 Traffic Impact Study Buffalo Run Site Development | Bozeman, Montana 5 466 Traffic Impact Study Buffalo Run Site Development | Bozeman, Montana 6 Study Area Intersections  South 27th Avenue & Kurk Drive  Fowler Lane & Blackwood Road South 27th Avenue & Kurk Drive The existing intersection of South 27th Avenue and Kurk Drive has the characteristics described in the following:  All-Way Stop-Controlled Intersection  Southbound (from the north) approach only includes the east half of the full collector roadway width for South 27th Avenue due to right-of-way constraints. The west half of the roadway may be completed in the future as development occurs adjacent to that segment.  Eastbound Approach (From the West) – (1) Left / Through / Right Turn Lane  Existing Available Queue Storage = ±150 ft (Measured to South 28th Avenue)  Westbound Approach (From the East) – (1) Left / Through / Right Turn Lane  Existing Available Queue Storage = ±100 ft (Measured to South 26th Avenue)  Northbound Approach (From the South) – (1) Left and (1) Through / Right Turn Lane  Existing Left Turn Lane Available Queue Storage = ±100 ft  Existing Through / Right Turn Lane Queue Storage = ±700 ft (Measured to Meah Lane)  Southbound Approach (From the North) – (1) Left / Through / Right Turn Lane  Existing Available Queue Storage = ±860 ft (Measured to Golden Sun Drive) Fowler Lane & Blackwood Road The intersection of Fowler Lane and Blackwood Road has the following characteristics:  Stop-Controlled, T-Intersection  Stop-Control on the Eastbound (From the West), Blackwood Road Approach  Eastbound Approach (From the West) – (1) Left / Right Turn Lane  Existing Available Queue Storage = ±100 ft (Measured to Driveway on North Side of Blackwood Road)  Northbound Approach (From the South) – (1) Through / Left Turn Lane  Existing Available Queue Storage = ±300 ft (Measured to Driveway on East Side of Fowler Lane)  Southbound Approach (From the North) – (1) Through / Right Turn Lane  Existing Available Queue Storage = ±575 ft (Measured to Driveway on East Side of Fowler Lane) 467 Traffic Impact Study Buffalo Run Site Development | Bozeman, Montana 7 Existing Study Area Transportation System The existing study area roadways and intersections described above are shown in Figure 3 below. Included within the figure is the existing traffic control at each of the study area intersections as well as the traffic lane configurations. Figure 3: Existing Study Area Intersections Traffic Control Traffic Volumes Due to the coronavirus disease 2019 (COVID-19) pandemic, reliable counts of existing traffic volumes within the study area were not able to be obtained at the time of this study. Therefore, traffic data for the study area intersections were developed through vehicle trip generation projections and previous traffic modeling efforts. Specifically, estimated existing traffic volumes were developed for the study area intersections as described in the following sections. 468 Traffic Impact Study Buffalo Run Site Development | Bozeman, Montana 8 South 27th Avenue & Kurk Drive Due to the arrangement of streets within Meadow Creek Subdivision and limited access to South 19th Avenue, a total of 109 dwelling units that included the following blocks and lots within Meadow Creek Subdivision, Phases 1, 1A, and 1B were estimated to contribute vehicular traffic to the intersection of South 27th Avenue and Kurk Drive:  Block 9 | Lots 13 and 22-33  Block 12 | Lots 1-14  Block 10 | Lots 1-6, 7B, 8B, 9B, 10B-1, 11A-1, and 12-26  Block 13 | Lots 1-16  Block 11 | Lots 1-16  Block 14 | Lots 1-22 For the existing intersection of South 27th Avenue and Kurk Drive, estimated existing traffic data was derived from trip generation estimates for the lots noted above within Meadow Creek Subdivision using trip generation rates found in Trip Generation, 10th Edition published by the Institute of Transportation Engineers (ITE). Average vehicle trip ends (Trip ends are defined as a single or one-directional travel movement with either the origin or the destination of the trip inside the study site.) were estimated based on dwelling units using Land Use Code 210 – Single-Family Detached Housing and Land Use Code 220 – Multifamily Housing : Low-Rise. The total estimated trip generation for the proposed development is provided in Table 1 below. Analyses are summarized in Appendix B. Table 1: Estimated Trip Generation Summary for Meadow Creek Subdivision Lots Contributing to South 27th Avenue & Kurk Drive Land Use Units Average Weekday Trips Average Weekday, AM Peak Hour Trips Average Weekday, PM Peak Hour Trips Enter Exit Total Enter Exit Total Enter Exit Total Single-Family Detached Housing 106 549 549 1,098 20 60 80 67 40 107 Multifamily Housing: Low-Rise (Condominium / Townhouse) 3 11 11 22 0 2 2 1 1 2 Totals 109 560 560 1,120 20 62 82 68 41 109 Units = Dwelling Units Each of the lots within Meadow Creek Subdivision included as part of the analyses are projected to utilize South 27th Avenue and Kurk Drive for access to South 19th Avenue. Based on their location, each lot was modeled on the transportation network within Meadow Creek Subdivision in the study area to arrive at estimated average weekday traffic volumes for the intersection of South 27th Avenue and Kurk Drive for the AM and PM peak hours. 469 Traffic Impact Study Buffalo Run Site Development | Bozeman, Montana 9 Fowler Lane & Blackwood Road Estimated existing traffic data for the intersection of Fowler Lane and Blackwood Road was derived from modeling completed as part of the Transportation Planning Study for South 27th Avenue & the Montana State University Innovation Campus prepared by Morrison-Maierle in June 2014. This data was derived from historic traffic counts and modeling completed as part of previous Bozeman area transportation planning efforts. To arrive at estimated 2020 traffic volumes for the average weekday, AM and PM peak hours estimated average annual traffic growth rate (AGR) percentages were applied to the model volumes as follows:  Fowler Lane | Estimated AGR = 14% (Estimated due to short timeframe and recent subdivision development in the area.)  Blackwood Road | Estimated AGR = 2% Estimated 2020 Existing Traffic Volumes The estimated 2020 existing turning movement volumes at the study area intersections are summarized in Figure 4 on the following page. Pedestrians & Bicyclists Within the study area, there are no specific facilities for pedestrians or bicyclists along Fowler Lane. There are existing sidewalks within Meadow Creek Subdivision for use by pedestrians. There are no specific facilities for bicyclists within the study area portions of Meadow Creek Subdivision at this time. Transit Service Streamline transit service is currently free for all passengers, which creates an incentive for transit ridership. Streamline does not currently offer any routes that provide service within close vicinity or adjacent to the proposed Buffalo Run site development. Projected Traffic Subdivision Traffic Development Trip Generation Trip generation rates found in Trip Generation, 10th Edition were also used for estimating Buffalo Run site development traffic. Average vehicle trip ends were estimated based on dwelling units using Land Use Code 220 – Multifamily Housing : Low-Rise. The total estimated trip generation for the proposed development is provided in Table 2 on page 11. Analyses are summarized in Appendix B. 470 Traffic Impact Study Buffalo Run Site Development | Bozeman, Montana 10 471 Traffic Impact Study Buffalo Run Site Development | Bozeman, Montana 11 Figure 4: Estimated Current Daily Traffic Table 2: Estimated Buffalo Run Site Development Trip Generation Summary Land Use Units Average Weekday Trips Average Weekday, AM Peak Hour Trips Average Weekday, PM Peak Hour Trips Enter Exit Total Enter Exit Total Enter Exit Total Multifamily Housing: Low-Rise (Residential Condominium) 288 1,069 1,069 2,138 30 100 130 95 56 151 Units = Dwelling Units Development Trip Distribution Trip distribution is the process of identifying the probable destinations, directions, and traffic routes that development related traffic will likely affect. Various methods are available for estimating trip distribution, including the analogy, trip distribution model, area of influence, origin-destination (O-D), and surrogate data methods. This study utilizes the O-D method. Considering the existing transportation network, it is anticipated that drivers will primarily utilize Kurk Drive and South 27th Avenue to access South 19th Avenue. This is reflected in the trip distribution for the proposed development shown in Figure 5 below. 472 Traffic Impact Study Buffalo Run Site Development | Bozeman, Montana 12 Figure 5: Primary Trip Distribution Trip Assignment The assignment of development related traffic provides the information necessary to determine the level of site related impacts to the area roadway system and intersections. It involves determining the volume of traffic and its movements within the transportation system. At a minimum, trip assignment must also consider route choice, how the existing transportation system functions, and travel times to and from the site. The resulting traffic assignment at the study area intersections for the Buffalo Run site development is shown in Figure 6 on the following page. Pedestrians & Bicyclists Boulevard style sidewalks are proposed to be included on both sides of interior roadways as well as sidewalks adjacent to the curb where angle or perpendicular parking is included within Buffalo Run. These improvements would link to the sidewalk network on the adjacent street system in Meadow Creek Subdivision. Other than provisions for bicycle parking as required by the City of Bozeman, no other specific facilities for bicyclists are currently proposed. Transit Service No specific improvements are proposed with the Buffalo Run development for transit service. Non-Site Traffic Method of Projection In order to more accurately reflect the potential impacts from development generated traffic it is necessary to develop an estimate of non-site related traffic growth during the analysis period. Three primary means are typically used to estimate growth of non-site generated traffic, including the build-up method, the use of transportation plans or models, as well as the trends or growth rate method. The build-up method takes into account traffic growth due to approved or anticipated to be approved developments in the study area. Transportation plans or models typically provide estimates for traffic volumes for approximately 20 years into the future. The trends or growth rate method involves evaluating the historic traffic growth rates within a study area. The underlying assumption with this method is that historic growth trends will remain approximately the same and continue in the future. Estimated background traffic volumes for the year 2025 were established by using the trends or growth rate method. No significant traffic growth is estimated within Meadow Creek Subdivision. Traffic growth estimates on 473 Traffic Impact Study Buffalo Run Site Development | Bozeman, Montana 13 Fowler Lane and Blackwood Road utilized AGR values of fourteen percent (14%) and five percent (5%), respectively. The estimated 2025 background traffic volumes are shown in Figure 7 on page 15. 474 Traffic Impact Study Buffalo Run Site Development | Bozeman, Montana 14 Figure 6: Buffalo Run Site Development Traffic Assignment 475 Traffic Impact Study Buffalo Run Site Development | Bozeman, Montana 15 Figure 7: Estimated 2025 Background Traffic 476 Traffic Impact Study Buffalo Run Site Development | Bozeman, Montana 16 Total Traffic Vehicular traffic generated from the proposed Buffalo Run site development was combined with estimated 2025 background traffic volumes to arrive at the estimated 2025 total traffic volumes evaluated as a part of this study, which are shown in Figure 8 on the following page. Transportation Analyses Methodologies This section documents the methodologies and assumptions used to conduct the traffic impact analyses for the Buffalo Run site development. Study methodology and analyses are based on ITE’s Recommended Practices for Transportation Impact Analyses for Site Development. These analyses are used to determine the project’s conformance with City of Bozeman, Gallatin County, and Montana Department of Transportation (MDT) policies and evaluate whether the proposed development’s impacts are perceptible to the average driver. Study Scenarios This study presents analyses of the following scenarios:  Estimated Existing Conditions  Estimated 2025 Background Traffic  Estimated 2025 Total Traffic Analysis Methodologies Transportation system operating conditions are typically described in terms of “level of service”. Level of service (LOS) is the performance measure used to evaluate the cumulative effects of such things as travel speed, traffic volumes, roadway and intersection capacity, travel delay, and traffic interruptions. Operating conditions are designated as LOS A through LOS F, which represents the most favorable to the least favorable operating conditions. Level of service for intersections is determined by control delay. Control delay is defined as the total elapsed time from when a vehicle stops at the end of a queue to the time the vehicle departs from the stop line. The total elapsed time includes the time required for the vehicle to travel from the last-in-queue position to the first-in-queue position, including deceleration of vehicles from the free flow speed to the speed of vehicles in the queue. Appendix A lists the delay/LOS criteria listed in the Highway Capacity Manual, 6th Edition | A Guide for Multimodal Mobility Analysis (HCM) published by the Transportation Research Board (TRB) for unsignalized intersections. 477 Traffic Impact Study Buffalo Run Site Development | Bozeman, Montana 17 Figure 8: Estimated 2025 Total Traffic 478 Traffic Impact Study Buffalo Run Site Development | Bozeman, Montana 18 Two-Way Stop-Controlled (TWSC) Intersections Two-way stop-controlled (TWSC) intersection capacity and level of service analyses were performed using HCS TWSC Version 7.4 developed and maintained by the McTrans Center at the University of Florida. TWSC intersection analyses are based on Chapter 20 of the HCM. The HCM methodology for evaluating TWSC intersections is based on gap acceptance and conflicting traffic for vehicles stopped on the minor street approaches. The critical gap (or minimum acceptable gap) is defined as the minimum time interval in the major street traffic stream that allows entry for one minor street vehicle. Average control delay and LOS for the “worst approach” are reported. LOS is not defined for the whole intersection. All-Way Stop-Controlled (AWSC) Intersections All-way stop-controlled (AWSC) intersection capacity and level of service analyses were performed using HCS AWSC Version 7.4 also developed and maintained by the McTrans Center. AWSC intersection analyses are based on Chapter 21 of the HCM. The HCM methodology for evaluating AWSC intersections is based on traffic conditions on each of the approaches to the intersection as well as driver perception and consensus. Average control delay and LOS for each approach and the whole intersection are reported. Capacity & Level of Service Analyses Capacity and level of service analyses were performed for the study area intersections for each of the study scenarios. Detailed results of the analyses are provided in Appendix C and are summarized in the following figures:  Figure 9: Traffic Operations Summary for Estimated 2020 Current Daily Traffic – Page 19  Figure 10: Traffic Operations Summary for Estimated 2025 Background Traffic – Page 20  Figure 11: Traffic Operations Summary for Estimated 2025 Total Traffic – Page 21 Findings Need for Any Improvements Capacity and level of service analyses for traffic conditions based on estimated 2020 existing, 2025 background, and 2025 total traffic conditions identified that each of the study area intersections is projected to function at LOS A for both the weekday, AM and PM peak periods. Therefore, no additional improvements are necessary to mitigate projected traffic operations with the development of the proposed Buffalo Run site development. 479 Traffic Impact Study Buffalo Run Site Development | Bozeman, Montana 19 Figure 9: Traffic Operations Summary for Estimated 2020 Current Daily Traffic 480 Traffic Impact Study Buffalo Run Site Development | Bozeman, Montana 20 Figure 10: Traffic Operations Summary for Estimated 2025 Background Traffic 481 PROJECT LOCATION N Fowler Ln Blackwood Rd S 30th Ave Kurk Dr Meah Ln Blackwood Rd S 31st Ave 29th Ave S 28th Ave S 27th Ave S engineerssurveyorsplannersscientists 2880 Technology Boulevard West Bozeman, MT 59718 Phone: (406) 587-0721 Fax: (406) 922-6702 FIG. 11: ESTIMATED 2020 TOTAL TRAFFIC LOS SCALE: 1" = 500' WEEKDAY PM PEAK HOUR APPROACH LOS A A A LEGEND A WEEKDAY AM PEAK HOUR APPROACH LOS A A A A A A A A A A A A 482 Traffic Impact Study Buffalo Run Site Development | Bozeman, Montana 22 Pedestrians & Bicyclists Within the study area, there are no specific facilities for pedestrians or bicyclists along Fowler Lane. There are existing sidewalks within Meadow Creek Subdivision for use by pedestrians. There are no specific facilities for bicyclists within the study area portions of Meadow Creek Subdivision at this time. Boulevard style sidewalks are proposed to be included on both sides of interior roadways as well as sidewalks adjacent to the curb where angle or perpendicular parking is included within Buffalo Run. These improvements would link to the sidewalk network on the adjacent street system in Meadow Creek Subdivision. Other than provisions for bicycle parking as required by the City of Bozeman, no other specific facilities for bicyclists are currently proposed. Transit Service Streamline transit service is currently free for all passengers, which creates an incentive for transit ridership. Streamline does not currently offer any routes that provide service within close vicinity or adjacent to the proposed Buffalo Run site development. No specific improvements are proposed with the Buffalo Run site development for transit service. Conclusions & Recommendations Analysis of trip generation estimates, site circulation, and traffic operations reveal that the proposed Buffalo Run site development is projected to have limited impact on the area transportation system as currently proposed through the Bozeman Transportation Master Plan. If the below improvements are implemented as recommended, any impacts resulting from the proposed development should operate safely and efficiently. All traffic control improvements should be installed in accordance with City of Bozeman and the Manual on Uniform Traffic Control Devices standards. Interior Roadways & Intersections  Driveways should be installed in accordance with the City of Bozeman’s design standards.  Driveways and internal drive aisles need to be designed for the appropriate vehicles that may access the facility, including emergency and solid waste vehicles.  Adequate sight distance must be preserved at driveways, internal intersections, and crosswalks for driver, pedestrian, and bicyclist safety in accordance with City of Bozeman and American Association of State Highway and Transportation Officials (AASHTO) standards.  Stop control should be installed on the westbound site approaches at their intersection with Fowler Lane. 483 Traffic Impact Study Buffalo Run Site Development | Bozeman, Montana 23 Pedestrian & Bicyclist Connectivity  Sidewalk and/or trail improvements should be constructed to City of Bozeman standards, at a minimum. Traffic Control Guidance  All traffic control improvements should be installed in accordance with Montana Department of Transportation, City of Bozeman, and the Manual on Uniform Traffic Control Devices standards. 484 Traffic Impact Study Buffalo Run Site Development | Bozeman, Montana 24 References 1. American Association of State Highway and Transportation Officials. (2011). A Policy on Geometric Design of Highways and Streets. Washington, DC: Author. 2. Institute of Transportation Engineers. (2005). Transportation Impact Analyses for Site Development: An ITE Proposed Recommended Practice. Washington, DC: Author. 3. Institute of Transportation Engineers. (September 2017). Trip Generation, 10th Edition. Washington, DC: Author. 4. Institute of Transportation Engineers. (June 2004). Trip Generation Handbook: An ITE Recommended Practice. Washington, DC: Author. 5. Morrison-Maierle. (June 2014). Transportation Planning Study: South 27th Avenue and the Montana State University Innovation Campus. Bozeman, MT: Author. 6. Robert Peccia & Associates and Alta Planning + Design. (April 25, 2017). Bozeman Transportation Master Plan. Bozeman, MT: City of Bozeman. 7. Transportation Research Board. (2016). Highway Capacity Manual, 6th Edition: A Guide for Multimodal Mobility Analysis. Washington, DC: Author. 8. United States Department of Transportation – Federal Highway Administration. (May 2012). Manual on Uniform Traffic Control Devices for Streets and Highways, 2009 Edition with Revision Numbers 1 and 2. Washington DC: Author. 485 28 January 2021 Buffalo Run Annexation & ZMA (20-112) The following information is submitted to supplement the Buffalo Run Annexation and Zone Map Amendment (ZMA) application materials currently under review. This memo contains details on the steps the project team has taken to date to demonstrate good faith in the development process and clarify the outreach efforts underway with the Meadow Creek neighborhood. This document also specifies which components of the application materials are most vital to the current applications under review and describes the future steps that will ultimately allow for construction at this site. The applicant has endeavored at each stage of the review process to provide additional clarity and specificity beyond what is required. This includes the submittal of a preliminary Traffic Impact Study and several preliminary engineering reports. These actions were intended to foster trust between the developer, the community, and the City by providing details that are not required for approval of the Annexation and ZMA submittals. It is the applicant’s intention that these preliminary documents will be updated to provide precise details on the development proposed during the future review procedures necessary to allow construction (i.e. Subdivision, Site Plan reviews, etc.), however they are beyond the scope of review for the current applications. Stakeholder Engagement Since the January 11, 2020 Zoning Commission review of the ZMA, the applicant team has met with the Meadow Creek HOA Board to discuss this project in more detail. It was determined during and in follow up to those discussions that two of the critical concerns of the Meadow Creek neighbors are related to density and traffic impacts (based on comments to date). Regarding density, the City’s adopted Future Land Use Map designates this parcel as Urban Neighborhood. This category is primarily intended to include urban density homes in a variety of types, shapes, sizes, and intensities, which is the intent of this project. Moreover, the requested zoning of R-5 is an allowed zoning district within the Urban Neighborhood land use category. It should be noted that only two and three story buildings would be constructed, and this project would additional require significant onsite open space and parkland. Turning to the issue of traffic, the applicant team has met with City Staff to come to an accord on the following expectations for transportation related public improvements: - The applicant team has contacted the County Road Department to discuss the project and paving Fowler Road to County Standards which will qualify as a second access point. The County has agreed to maintain this road. - The previously required street through the park in an existing easement can be eliminated with the paving of Fowler. This will allow for the neighborhood park to expand and be improved now, as well as with future adjacent developments. Essential Review Materials For this review it is essential that the City Commission pay special attention to the applicant’s Narrative that demonstrates how the project meets the review criteria for Annexation and ZMA approval. Commissioners are also advised to review the RC information with an eye to the future, as the 486 assumptions included therein provide a snapshot of best available information from mid-2020. Development and design concepts continue to evolve, as they do with a project of this type at such an early stage in the development process, and therefore precise analysis and distillation of the subdivision and site plan design components is more suitable to occur under a subsequent review. The attached exhibit displays visually several the important components from this memo to provide additional evidence of the thoughtfulness of the current proposal before you (Exhibit A). The application materials, as demonstrated in the submittals and the analysis provided by City Planning Staff, show that this project has met the approval criteria for Annexation and initial zoning, and should therefore be approved by City Commission. Attachment - Exhibit A 487 Temporary Road unnecessary with Paving of Fowler Future Park Expansion Fowler Road built to City Standards Fowler Road Paved to County Standards From Edge of project to Stucky Road South 27th Road Completion Kurk Drive Connection to Fowler Road Fowler Road (Minor Arterial) Blackwood Road (Collector) Meah Lane Graf Street (Collector) Blackwood Road (Collector) Kurk Drive S 27th Avenue (Collector) S 19th Avenue (Principal Arterial) Probable Future Street Network Shown for Reference 488 Engineering Memorandum DATE: October 12, 2020 TO: Lance Lehigh, PE – Development Review Manager FROM: Taylor Lonsdale, PE – Transportation Engineer SUBJECT: Buffalo Run Development Street Impacts This memo summarizes the Buffalo Run Traffic Impact Study, the impact of the vehicle volumes generated by the proposed development, and guidance regarding acceptable traffic volumes for Kurk Drive, a local street. The Buffalo Run Traffic Impact Study, prepared by Morrison-Maierle in July 2020, indicates that the proposed 288 residential condominium units at buildout will generate 2,138 average weekday trips. Access to and from the proposed development will be via existing Kurk Drive with a secondary access via S. 31st Avenue. However, with the current streets configuration, all traffic from the proposed development would use Kurk Drive. Kurk Drive is a classified as a local street and is 33’-0” from back of curb to back of curb with parking lanes on both sides. The estimated background traffic in 2025 from existing development is 620 vpd on Kurk Drive west of S. 27th Avenue. With the addition of 2,140 vpd from the proposed development, Kurk Drive is estimated to carry 2,760 vpd, and S. 27th Avenue is estimated to carry 2,870 vpd. S. 27th Avenue is classified as a collector street. However, it is not currently constructed to a collector standard between Kurk Drive and Graf Street. Currently only the eastern half of S. 27th Avenue in this area has been constructed. The current configuration is approximately 26’-0” back of curb to back of curb and is limited to two 11 foot travel lanes. This is narrower than a standard local street and S. 27th does not have bike lanes to support bicycle transportation. The 2017 Bozeman Transportation Master Plan provides the following description of local roads. Local: The local street network comprises all facilities not included in the higher systems. The primary purpose of local streets is to permit direct access to abutting lands and connections to higher systems. Usually service to through- 489 traffic movements is intentionally discouraged either through low speed limits or other traffic calming measures. The Federal Highway Administration’s (FHWA) 2013 Highway Functional Classification: Concepts, Criteria and Procedures provides guidelines that include a range of Average Annual Daily Traffic (AADT) for each functional classification. Table 3-6 (pg. 23) identifies 80-700 vehicles per day (vpd) for Local roads and 1,100 to 6,300 vpd for Collector roads. In February of 2014, the Bozeman City Commission passed Resolution 4507 establishing goals and policies for local street reconstruction projects. This resolution included the below table identifying vehicle volumes associated with different functional classifications. Street Classification Average Daily Traffic (vehicles per day) Local Up to 800 Minor Collector 800-1500 Major Collector 1500-4500 Arterial Over 4500 Several recent, large road construction projects created situations where higher than normal traffic volumes were experienced on local streets due to detour traffic. The City received numerous complaints from residents on these streets, including N. Yellowstone Avenue and N. Church Avenue. In June of 2020, data collected on N. Yellowstone Avenue indicated an average weekday volume of 1,520 vpd. Similarly data collected on N. Church Avenue indicated an average weekday volume of 1,506 vpd. The traffic volumes proposed at the buildout condition for Buffalo Run Development are not appropriate for the current street configuration in the vicinity of the proposed development. The proposed volume of 2,760 vpd on Kurk Drive is typical of traffic demands on a collector street. Context and configuration of a road are critical consideration in the development of the road network. Local streets most often have highly utilized on-street parking as well as frequent driveway access. A typical local street should not generally carry more than approximately 800 vpd unless the arterial and collector network surrounding the local street have been fully constructed. Kurk Drive, while a local street, has limited driveway access and currently appears to have limited on-street parking utilization. Under this context, Kurk Drive could support slightly higher vehicle volumes. It is recommended that Kurk Drive could carry up to 1,100 vpd of combined existing and proposed development traffic at the design year, 490 which is the low end of the collector street classification defined in the FHWA Highway Functional Classification system but above the high end for a local street per the same classification system. Beyond this number, additional upgrades to the streets system will be required to provide streets with the appropriate functional classification to serve development densities proposed by the Buffalo Run Development. The fundamental challenge with the proposed buildout condition of the Buffalo Run Development is that the surrounding collector and arterial street infrastructure has not yet been constructed. Additional development of the arterial and collector street network in the vicinity of the Buffalo Run Development is necessary to support the development buildout condition. 491 MEMORANDUM ------------------------------------------------------------------------------------------------------------ TO: Chris Saunders, Community Development Manager FROM: Lance Lehigh, Engineer III Taylor Lonsdale, Engineer III RE: Buffalo Run Proposed Annexation APPLICATION NO 20112 DATE: September 18, 2020 ----------------------------------------------------------------------------------------------------------- ENGINEERING REQUIREMENTS ASSOCIATED WITH ANNEXATION: Easements 1. Bozeman Municipal Code (BMC) 38.410.060 Easements - The applicant must provide a ten foot utility easement (power, gas, communication, etc.) along the development’s property frontage prior to annexation. The applicant may contact the Engineering Department to receive a copy of a utility easement template. 2. Bozeman Municipal Code (BMC) 38.410.060 Easements – Fowler Lane is classified as a Minor Arterial in the Bozeman Transportation Master Plan (TMP), which has a minimum right-of-way ROW width of (100) feet. The applicant must provide their respective Fowler Lane ROW (50) feet from the centerline as a public street and utility easement where Fowler is adjacent to the property prior to annexation. Conditions of Approval 1. The applicant must provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) on City standard form for the following: a. Street improvements to S. 27th Avenue including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. b. Street improvements to Blackwood Road including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. c. Street improvements to West Graf Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. d. Street improvements to Fowler Lane including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. e. Intersection improvements at Blackwood Road and Fowler Lane including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. 492 f. Intersection improvements at Fowler Lane and West Graf Street including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. g. Intersection improvements at Blackwood Road and South 27th Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. h. Intersection improvements at Blackwood Road and South 19th Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. i. Intersection improvements to Fowler Lane and Stucky including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of the improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. The applicant must provide a copy of the filed SID waiver prior to Annexation. Stormwater 1. Montana Post-Construction Storm Water BMP Design Guidance Manual Seasonal High Groundwater - The subject project is located in an area that is known to have seasonally high groundwater. The applicant must confirm seasonal groundwater elevations (SHGWL), and seasonal high groundwater data must be measured and submitted with any future development application on the parcel. Due to the seasonal nature of SHGWL measurements, the applicant is advised to begin groundwater measurements in the winter and continue measuring through July. Measurements must be at sufficient intervals to define the SHGWL across the site. Industry guidance recommends a three-foot minimum separation from the bottom of a stormwater facility to the underlying groundwater table. Payback District 1. The subject property is located within the Meadow Creek Subdivision payback district boundary for sewer improvements. The applicant is advised that the payback must be paid at the time of development approval. Reference document Gallatin County Clerk and Recorder #2293491. Water 1. BMC 38.410.070 (A) (1) Municipal water, sanitary sewer and storm sewer systems – In conjunction with streets construction - The City’s Water Facility Plan identified the need for a water transmission main (CIP Reference: 16-inch water main New Growth and Development) directly adjacent to the subject property in Fowler Lane to service future development. Upon future development, the applicant must install the water main from the development’s southern property boundary to the intersection of Fowler Lane and West Graf Street and then directly to the east, ultimately tying into the 12-inch main located in West Graf Street at the Gran Cielo Subdivision. 493 The applicant is advised that the capital Improvements identified with within the facility plans must be located within City ROW, a public street and utility easement, or a water and sewer easement. The identified water capital planning improvements must be designed in coordination with the Fowler Lane and West Graf Street improvements as detailed in the transportation section. 2. DSSP Section (V) (A) Main Size - The applicant is advised that the subject property is located at the southern end of the City’s main pressure zone (Sourdough Zone). Water pressures around the subject property vary from 35 to 50 psi. Upon future development, the water distribution system must be designed to meet the requirements outlined in the City of Bozeman Design Standards and Specifications Policy. All additions to the water system must also be designed and installed in accordance with the Montana Department of Environmental Quality Circular 1; Montana Public Works Standards and Specifications (MPWSS); City of Bozeman Modifications to MPWSS; and the City’s most recent Water Facility Plan. Wastewater 1. BMC 38.410.070 (A) (1) Municipal water, sanitary sewer and storm sewer systems - The subject property is located within the overall Cattail Creek Sanitary Sewer Drainage Basin. Figure 5-1 of the City’s wastewater facility plan, shows the subject property in a smaller identified sub- basin (still within the overall Cattail Creek Drainage Basin), but directly adjacent to the Baxter Creek Sanitary Sewer Drainage Basin. The identified sub-basin assumes that certain portions of the property would flow by gravity into the future 12-inch Fowler Lane sewer main, as identified in the facility plan (Capital Improvement Plan (CIP) Reference: 12-inch Fowler Ln: Blackwood Road to Stucky Road). Upon future development, the applicant is advised that future sanitary sewer flows must flow by gravity into the collection system as defined in the City Wastewater Facility Plan, and that use of private lift stations will not be permitted. Development within the subject property that cannot flow by gravity into the existing 8-inch sewer main located in Kurk Drive must flow by gravity into the future sanitary sewer main to be located in Fowler Lane per the City’s Wastewater Collection Facilities Plan. The identified wastewater capital planning improvements must be designed in coordination with the Fowler Lane and West Graf Street improvements as detailed in the transportation section. 2. DSSP Section (V) (B) Sanitary Sewer System Design Criteria – Upon future development, the applicant must provide an estimate of the peak-hour sanitary sewer demands, certified by a professional engineer, for the proposed project. The City will analyze and determine if sewer capacity is available to accommodate the project. The applicant is advised that sewer capacity is 494 allocated on a first come first serve basis and is not entitled until preliminary plat or site plan approval. Transportation 1. BMC 38.400.010 Streets (A) (1) – Upon future development, Kurk Drive must be fully constructed to the City’s Local Street standard from the property’s eastern boundary and connect to Fowler Lane. Any required right-of-way (ROW) or public street and utility easement acquisition from offsite property owners is the applicant’s responsibility. 2. BMC 38.400.010 Streets (A) (5) – Upon future development, dead-end streets must comply with city design specifications and standards, and with any city-adopted International Fire Code. The preliminary plan submitted with the annexation documents indicating the proposed alley does not meet minimum 20 foot wide access and 28 foot corner turning radiuses per 2012 International Fire Code Appendix D Fire Apparatus Access Road standard. In addition, no dead- end streets longer than 150 feet are permitted without an approved turn-around. 3. BMC 38.400.010 Streets (A) and (A.2 and A.7), BMC 38.400.110, and Commission Resolution Number 4244 Regarding Complete Streets Policy or Successor Document– The traffic demands identified with the proposed development in the applicant’s traffic impact study (TIS) cannot be accommodated by a local street (Kurk Drive) and the incomplete collector road (S. 27th Ave between Kurk Drive and Graf Street). The traffic demands identified in the TIS and densities associated with the proposed R-5 zoning require street improvements identified within the City’s Transportation Master Plan (TMP) in order to provide adequate, safe, and sufficient access for vehicular, pedestrian, and multi-modal forms of transportation. Upon future development the following street improvements are required. Fowler Lane must be constructed to a minor arterial street standard from the southern property boundary, north to the intersection with West Graf Street. Subsequently, West Graf Street must be constructed to a collector street standard from the terminus of the existing West Graf Street to the intersection with Fowler Lane in accordance with the City’s TMP. The Fowler Lane and West Graf Street improvements must include dedication or a public street and utility easement of all necessary ROW including on the subject property and ROW on adjacent properties necessary to improve the roads to a minor arterial standard (Fowler Lane) and collector standard (West Graf Street), including all necessary subsurface utility improvements. The applicant is advised that any required ROW or public street and utility easement acquisition is the applicant’s responsibility. The identified water and sewer capital planning improvements must be designed in coordination with the Fowler Lane and West Graf Street improvements as detailed in the water and sewer sections. 495 Water Rights 1. BMC 38.410.130 Water rights - The applicant must contact Brian Heaston with the City Engineering Department to obtain a determination of cash-in-lieu (CIL) of water rights upon future development. 496 Memorandum REPORT TO: City Commission FROM: Jesse DiTommaso, Deputy City Clerk Mike Maas, City Clerk SUBJECT: Appointments to the Building Board of Appeals MEETING DATE: February 9, 2021 AGENDA ITEM TYPE: Citizen Advisory Board/Commission RECOMMENDATION: I move to appoint two members to the Building Board of Appeals with terms expiring December 31, 2022. 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 Building Board of Appeals has two vacant positions due to two positions with expired terms as of December 31, 2019. The Board of Appeals was established under Commission Resolution No. 2483, adopted October 3, 1983 to determine the suitability of alternate materials and methods of construction and to provide reasonable interpretation of the following codes of the City of Bozeman: Building Code, Electrical Code, Mechanical Code, and Plumbing Code. The Board of Appeals only meets as needed. The Board of Appeals shall consist of five members appointed by the City Commission and serving without compensation, which are qualified by experience and training to pass upon matters pertaining to building construction. The Building Official shall be an ex officio member and shall act as Secretary of the Board. Appointments are for a period of three years. This Board currently has two vacancies. The City Clerk’s Office has received three applications, with their relevant qualifications indicated below. 1. One position, expiring December 31, 2022 | Qualifies: R. Lashaway, R. Bakker, C. Tate 2. One position, expiring December 31, 2022| Qualifies: R. Lashaway, R. Bakker, C. Tate Applicants: Robert Lashaway Richard Bakker 497 Cristie Tate Commissioner Michael Wallner is the City Commission liaison for this board. Building Board of Appeals appointments are Commission appointments. UNRESOLVED ISSUES: None. ALTERNATIVES: As suggested by the City Commission. FISCAL EFFECTS: None. Attachments: 07-09-20 CAB Application - C. Tate, reapplication.pdf 10-04-20 CAB Application - R. Bakker.pdf 06-17-20 CAB Application - R. Lashaway, reapplication.pdf Report compiled on: February 2, 2021 498 From: webadmin@bozeman.net To: Agenda Subject: Citizen Advisory Board Application Date: Thursday, July 9, 2020 10:42:58 AM A new entry to a form/survey has been submitted. Form Name: Citizen Advisory Board Application Date & Time: 07/09/2020 10:42 AM Response #: 273 Submitter ID: 28397 IP address: 63.166.29.130 Time to complete: 24 min. , 2 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 499 First Name Cristie Last Name Tate Physical Address 84 West Clara Court PO Box (if different from physical address) Not answered City Bozeman State Montana Zip Code 59718 Primary Phone (406) 209-0154 Additional Phone Not answered Current Occupation Civil Engineer/Owner's Representative Employer Tate Management Inc. Email cristie@tatemanagement.com Which position are you applying for? (○) Building Division Board of Appeals (BOA) Do You Live in the City Limits? (Some positions do require you live within Bozeman city limits while others do not.) (○) No 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?) Building Code Board of Appeals Please explain your relevant qualifications, interests and experiences: I have served on the Building Code Board of Appeals since 2018 and have enjoyed being involved with a great group of volunteers who care about the community and our professions in the construction industry. As a Professional Engineer with 25 years experience, I have a wide range of experience working for contractors, consulting design firms, and for the last 10 years have been representing owners in the construction process. As an engineer, I know that a lot goes into developing building codes. I have always dug into the commentary on the reasoning behind codes. I feel that a diverse group of backgrounds on a board is a valuable. I would be honored to be considered to be invited back to the board. References: Please provide name, phone, and email contact information for two references. Reference 1 Maddy Pope (Recently Retired) Trust for Public Lands 406-539-8698 mpope1508@icloud.com Reference 2 500 Tracy Menuez HRDC tmenuex@thehrdc.org 406-585-4890 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? Previously on board 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. 501 From: webadmin@bozeman.net To: Agenda Subject: Citizen Advisory Board Application Date: Sunday, October 4, 2020 6:32:04 PM A new entry to a form/survey has been submitted. Form Name: Citizen Advisory Board Application Date & Time: 10/04/2020 6:31 PM Response #: 298 Submitter ID: 31071 IP address: 98.127.253.229 Time to complete: 12 min. , 7 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 502 First Name RICHARD Last Name BAKKER Physical Address 1470 Boylan Rd PO Box (if different from physical address) Not answered City Bozeman State Montana Zip Code 59715 Primary Phone (530) 220-0793 Additional Phone Not answered Current Occupation Retired Employer Redwood Electric Group, Inc. Email rlbakker58@gmail.com Which position are you applying for? (○) Building Division Board of Appeals (BOA) 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?) Please explain your relevant qualifications, interests and experiences: Retired electrician with 40+ years of construction, management and quality control positions. Strong background in Health Care, Data Center and Central Utility Plant construction. Knowledgeable in National Electrical Code and NFPA standards and very capable of reference research. References: Please provide name, phone, and email contact information for two references. Reference 1 Matt Altmann, Director of Field Operations, Redwood Electric Group. (408) 450-4800 maltmann@redwoodeg.com Reference 2 Jim Spencer, Project Manager, Redwood Electric Group (916) 774-0300 jspencer@redwoodeg.com 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? internet search 503 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. 504 From: webadmin@bozeman.net To: Agenda Subject: Citizen Advisory Board Application Date: Wednesday, June 17, 2020 5:14:34 PM A new entry to a form/survey has been submitted. Form Name: Citizen Advisory Board Application Date & Time: 06/17/2020 5:14 PM Response #: 250 Submitter ID: 27768 IP address: 174.45.71.64 Time to complete: 6 min. , 28 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 505 First Name Robert Last Name Lashaway Physical Address 5440 Glenkirk Dr PO Box (if different from physical address) Not answered City bozeman State Montana Zip Code 59718 Primary Phone (406) 581-9155 Additional Phone Not answered Current Occupation retired Employer MSU/Retired Email rvljack@gmail.com Which position are you applying for? (○) Building Division Board of Appeals (BOA) 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?) Bldg Div Board of Appeals 36 years Please explain your relevant qualifications, interests and experiences: Architect References: Please provide name, phone, and email contact information for two references. Reference 1 Walter Banziger - walterbanziger@gmail.com Reference 2 Terry Leist - MSU VP Admin - 994-4361 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? Not answered 506 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. 507 Memorandum REPORT TO: City Commission FROM: Jesse DiTommaso, Deputy City Clerk Mike Maas, City Clerk SUBJECT: Appointment to Transportation Coordinating Committee (TCC) MEETING DATE: February 9, 2021 AGENDA ITEM TYPE: Citizen Advisory Board/Commission RECOMMENDATION: I move to appoint one member to the Transportation Coordinating Committee, City Resident position, with a term expiration of December 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 current city representative term on the Transportation Coordinating Committee expired on December 31, 2019. The City Clerk’s Office recently discovered the term has not since been renewed. The city representative was contacted to confirm reappointment would be submitted to the City Commission. The Transportation Coordinating Committee was established through a Memorandum of Agreement for Continuing Transportation Planning in the Bozeman Urban Area in April of 1996 and continued in the Memorandum of Agreement for Continuing Transportation Planning in the Bozeman Urban Area of October 28, 2009. The purpose of the committee is to guide the development of transportation plans and programs in the Bozeman area. The Transportation Coordinating Committee consists of a variety of officials and according to the agreement, a citizen member of the Committee shall be appointed by the appropriate governing body for terms of two years. Applicant: Dan Martin (city representative) Mayor Andrus is the City Commission liaison for this committee. UNRESOLVED ISSUES: None. 508 ALTERNATIVES: As suggested by the City Commission. FISCAL EFFECTS: None. Attachments: 06-16-20 CAB Application - D. Martin, reapplication.pdf Report compiled on: February 2, 2021 509 From: webadmin@bozeman.net To: Agenda Subject: Citizen Advisory Board Application Date: Tuesday, June 16, 2020 1:15:59 PM A new entry to a form/survey has been submitted. Form Name: Citizen Advisory Board Application Date & Time: 06/16/2020 1:15 PM Response #: 244 Submitter ID: 27696 IP address: 2601:190:c400:7c50:b8a7:4678:9fc8:5f52 Time to complete: 7 min. , 3 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 510 First Name Dan Last Name Martin Physical Address 205 Henderson Street PO Box (if different from physical address) Not answered City Bozeman State Montana Zip Code 59715 Primary Phone (406) 556-3500 Additional Phone Not answered Current Occupation GM Employer Karst Stage Email dmartin@karststage.com Which position are you applying for? (○) Transportation Coordinating Committee (TCC) 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?) TCC for 5 years Please explain your relevant qualifications, interests and experiences: I have been in Bozeman for roughly 20 years, and have been active in the community. My business currently has the contract for service on both Streamline and Skyline. My business has everything from passenger SUV's to 45 foot motorcoaches. I am involved in the Transportation Advisory Committees for both Bozeman and Big Sky. References: Please provide name, phone, and email contact information for two references. Reference 1 David Kack dkack@coe.montana.edu 406-994-7526 Reference 2 Joe Cobb josephcobb@gmail.com 406-579-2999 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? 511 (○) Yes How did you hear about this board or vacancy? Incumbant 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. 512 accurate calculations of distance or area are required. This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Gallatin County Area, Montana Survey Area Data: Version 24, Jun 4, 2020 Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: Aug 3, 2009—Sep 1, 2016 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. Custom Soil Resource Report 10 415 J-18 J-28 J-17 J-29 J-16 J-30 J-15 PMP-1 PMP-2 R-3 R-1 H-3 H-2 H-1 H-11 H-10 H-9 H-8 H-7 H-6 H-5 H-4 27 Siemon Company Drive Suite 200 W Watertown, CT 06795 USA Page 1 of 30 +1-203-755-1666 7/25/2020 WaterCAD CONNECT Edition Update 2 6475.002_WaterModel.wtg Bentley Systems, Inc. Haestad Methods Solution Center [10.02.00.43] 373 accurate calculations of distance or area are required. This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Gallatin County Area, Montana Survey Area Data: Version 24, Jun 4, 2020 Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: Aug 3, 2009—Sep 1, 2016 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. Custom Soil Resource Report 10 306 SW 1 4 SECTION 23 T2S R5E KOUNTZ DAYLE H TRACT 1 SE 1 4 SE 1 4 SECTION 22 T2S R5E KOUNTZ DAYLE H. MARITAL TRUST N 1 2 SE 1 4 SECTION 22 T2S R5E KURK DRIVE (30' - ROW) SOUTH 30TH AVE. (60' - ROW) SOUTH 31TH AVE. (40' - ROW) FOWLER LANE (60' - ROW) D Y H E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S E8S MEAH LANE (60' - ROW) BLACKWOOD RD (45' - ROW) 150 N ½ SW ¼ SW ¼ of Section 23, Township 2 South, Range 5 East, Principal Meridian, Gallatin County, Montana ANNEXATION AREA SUMMARY TOTAL ANNEXATION AREA: 20.79 acres (905,625.40) Sq. Ft. BOZEMAN COMMUNITY PLAN FUTURE LAND USE: RESIDENTIAL R-3 ZONING BOZEMAN COMMUNITY PLAN FUTURE LAND USE: RESIDENTIAL 2020 BUFFALO RUN - 5400 FOWLER LANE ZONE MAP AMENDMENT PROPOSED ZONING: R-5 ZONING: 20.79 acres (905,625.40) Sq. Ft. PROPOSED ZONING: R-5 COPYRIGHT © MORRISON-MAIERLE, INC.,2020 PLOTTED DATE: Apr/29/2020 PLOTTED BY: matt e. ekstrom DRAWING NAME: N:\6475\002 - Topo and Boundary Survey\ACAD\Exhibits\6475002 ZONE MAP.dwg 1/4 SEC. SECTION TOWNSHIP RANGE PROJ. #: SHEET OF PRINCIPAL MERIDIAN, MONTANA DATE: COUNTY, MONTANA SCALE: CLIENT: FIELD WORK: DRAWN BY: CHECKED BY: engineers surveyors planners scientists Morrison Maierle 315 N. 25th Street, Suite 102 Billings, MT 59101 Phone: 406.656.6000 Fax: 406.237.1201 1 1 GALLATIN 6475.002 1"=150 4/2020 MEE JW 5E 2S SW 23 LEGAL DESCRIPTION POINT OF BEGINNING BOZEMAN COMMUNITY PLAN FUTURE LAND USE: RESIDENTIAL BOZEMAN COMMUNITY PLAN FUTURE LAND USE: RESIDENTIAL BOZEMAN COMMUNITY PLAN FUTURE LAND USE: RESIDENTIAL BOZEMAN COMMUNITY PLAN FUTURE LAND USE: RESIDENTIAL BOZEMAN COMMUNITY PLAN FUTURE LAND USE: RESIDENTIAL R-3 ZONING BOZEMAN COMMUNITY PLAN FUTURE LAND USE: RESIDENTIAL EXISTING 60 FOOT RIGHT OF WAY EASEMENT PER COUNTY ROAD BY PETITION NO. 17 EXISTING 60 FOOT RIGHT OF WAY EASEMENT PER PLAT J-453 PROPOSED ZONING: R-5 A description of land being the N ½ SW ¼ SW ¼ of Section 23, Township 2 South, Range 5 East, Principal Meridian, Gallatin County, Montana, more particularly described as follows: Beginning at the Southwest 1/16th corner of Section 23, Township 2 South, Range 5 East, Principal Meridian, also being the Northwest Corner of Meadow Creek Subdivision Phase 1, Plat J-453, the Point of Beginning; thence S0°01'33”W along the western boundary of Meadow Creek Subdivision Phase 1, Plat J-453, a distance of 665.57' to a found aluminum cap monument, being the Northeast corner of Deed 146 Film 3341; thence S89°52'06”W along the north line of Deed 146 Film 3341 through a 30 foot witness corner, aluminum cap monument a distance of 1330.04' to the West section line of Section 23, Township 2 South, Range 5 East, Principal Meridian, being the Northwest Corner of Deed 146 Film 3341; thence S89°52'06”W a distance of 30.00' to the West Right-of-Way line of the Fowler Lane County Road Easement; thence N0°05'46”W along said County Road Easement Right-of-Way a distance of 665.51'; thence N89°51'57”E a distance of 30.00' to the S 1/16th corner of Section 23 Township 2 South, Range 5 East, Principal Meridian, being the Southwest corner of COS 2074, DOC # 375838; thence N89°51'57”E along the south line of COS 2074, DOC # 375838, through a 30 foot witness corner, aluminum cap monument a distance of 1331.45' to the Point of Beginning. The area of the above described parcel of land is 20.79 acres, more or less. GALLATIN COUNTY/ BOZEMAN AREA: AS GALLATIN COUNTY/ BOZEMAN AREA: AS GALLATIN COUNTY/ BOZEMAN AREA: AS GALLATIN COUNTY/ BOZEMAN AREA: AS GALLATIN COUNTY/ BOZEMAN AREA: AS GALLATIN COUNTY/ BOZEMAN AREA: AS GALLATIN COUNTY/ BOZEMAN AREA: AS 228 S09, T02 S, R05 E, Lot R-2, ACRES 14.02, PLAT J-610 J & D FAMILY LIMITED PARTNERSHIP 270 Automotive Ave Bozeman, MT 59718 8 350 Water Lily Drive Bozeman MT 59715 NORTON EAST RANCH SUB PHASE 1, S09, T02 S, R05 E, BLOCK 3, Lot 1, ACRES 1.141, PLAT J-503 350 WATER LILY LLC 837 Henley Place Charlotte, NC 28207-1615 9 8553 Huffine Lane Bozeman, MT 59715 S09, T02 S, R05 E, ACRES 75.68, SE4NW4, SW4NE4, NE4SW4, SE4SW4, NW4SE4, SW4SE4 & 41'X 1320' WS OF SE4SE4 LESS HWRW & LESS PLAT 503 & 509 & 519 & 564 NORTON PROPERTIES LLC 63026 NE LOWER MEADOW DR #200 Bend OR 97701-5877 10 8552 HUFFINE LN Bozeman MT 59715 S16, T02 S, R05 E, C.O.S. 1456, PARCEL 1, ACRES 10 VISSER ENTERPRISES LLC 80 Dana Lane Belgrade MT 59714 11 Golden Gate Condo Lot 11, Block 1 Phase 1A Loyal Garden Subdivision Golden Gate Properties LLC Jesse Chase, Registered Agent 2246 Boothill Court, STE 1 Bozeman MT 59715 12 Golden Gate Condo Unit 1 Lot 11, Block 1 Phase 1A Loyal Garden Subdivision Golden Gate Properties, LLC Seven Ox Seven LLC Jesse Chase, Registered Agent 2246 Boothill Court, STE 1 Bozeman MT 59715 Leslie Barry, Registered Agent 2246 Boothill Court, STE 1 Bozeman MT 59715 13 Golden Gate Condo Unit 2 Lot 11, Block 1 Phase 1A Loyal Gardens Subdivision Phase 2 LLC Timothy A. Fallow, Registered Agent 517 S 22nd Avenue STE 2 Bozeman, MT 59715 14 Golden Gate Condo Unit 3 Lot 11, Block 1 Phase 1A Loyal Gardens Subdivision Golden Gate Properties, LLC Seven Ox Seven LLC Jesse Chase, Registered Agent 2246 Boothill Court, STE 1 Bozeman MT 59715 Leslie Barry, Registered Agent 2246 Boothill Court, STE 1 Bozeman MT 59715 15 Golden Gate Condo Unit 4 Lot 11, Block 1 Phase 1A Loyal Gardens Subdivision Golden Gate Properties, LLC Seven Ox Seven LLC Jesse Chase, Registered Agent 2246 Boothill Court, STE 1 Bozeman MT 59715 Leslie Barry, Registered Agent 2246 Boothill Court, STE 1 Bozeman MT 59715 16 5031 Winnow Circle Bozeman MT 59715 LOYAL GARDEN SUB PH 1 A, S16, T02 S, R05 E, BLOCK 1, Lot 1A, ACRES 5.024, PLAT J-462B Bozeman Health 915 Highland Blvd Bozeman, MT 59715 Property Owners Within 200 feet of Project Site 157 (120' RIGHT OF WAY) FALLON STREET (60' RIGHT OF WAY) 155     & &  ,  5   & $  F$ 7       &G   152   *      ) &? &   &    $ *          &     7     (*       *      *  )  & &   *   !                 &  &* ) &  &   *&  * &     ) & &    4        (&       ) &( &     &     * &           6     (* & &          &   ) ( &   &     D &      *               D& &       * &  6     ( (*  &        &     ?              &   &    &  *    *     !      "         7        & *  )    &   &      &          &&  ) & &        &( &  *       ) & &      &      &     &        & &    6  * &    & * &  &        & )   7 &    (&  *           &            &                                  &    &  * &         &    &      &     *    *    %      &  ?  & *&   &   ? & &    &       &          &    >     * &(       * &(*       &    *   (&          &          &    !              #   E      &(   *     &    (&          & &         &    &&    6   0 (     &(   &   &      &  &    ) &?    $             *    $   &    *  *    C &     151  *                       &(*       &*           &  &    *    *    & && %                    &, $ 1  *   *  &     7   & &   &     0     &  &  *   )      7         * %                             &(*    &       *   & & *   *       & &B          & & &   &&             & %  & &     +  &            *  0    * &   &   ( (*       %                     (*        &   &       *    &  & %   &   &   &     C %    )  &      & 0   &   (&    &         * &    & %   &                       *          &&(   &      &  ( ( &     &  & &        &    & &B    &   &        &   +&&     &  * & %   &      *       &   & &     & &*   &           * 0 6       6 ,   8 9 *   &      ( (  !               &   (* &     *   7        &  *   &    6      C          )    &   &      *       (&  *    ) &( &    90     (&  (*        & &   &     8 9 1 &     & &  &    (&  **      &      &  &        & & 150                 &(&   *     $ - *  /    7    &  &   ) &(? 9&?     $ &(  &   &    9&? &     #@       %  &&       & &  &   *      6    #@’  * 9&?                  7        &    6 &$      &   &       *   *  **    & *       && &  4&&     &(&   & &  &   & 0**         6  *          &7 *   &      *    & &   %          &               *      149         !"#!         $      %    &    ’ (     (    () &                &          &     *    $  +     ’ + &  *& &,   #-.#("/*  & &         $ 0  $     (  $1$21 34561+ 45  7      &    & 8 9 - 8*##/& &  6 , 7 *  ,  *&1&     #" !"  &       &   & *: , ,1!2;,2<,2<92,,8;1;$ ,#! ,   $ 7  =  &    7    &   & &    6 #2) ’ 148 Part V. Leadership on LGBTQ Equality 0 0 0 Part I. Bonus Points 0 0 0 0 0 0 0 0 0 Part II. Standard Points Part II. Bonus Points 0 0 0 0 CONFIDENTIAL DRAFT - NOT FOR PUBLICATION - CONFIDENTIAL DRAFT 2020 MEI Scorecard - Bozeman, Montana Part I. Non-Discrimination Laws Part II. Municipality As An Employer 6 Part IV. Standard Points 12 Part III. Standard Points Part III. Bonus Points 0 Part V. Standard Points State County Municipal Part IV. Law Enforcement Part I. Standard Points 0 0 0 0 0 0 Appendix D - To view the standards for credit on the MEI visit https://www.hrc.org/resources/standards-for-credit-on-the-mei 124 REVIEW. IMPLEMENTING NEW ELEMENTS MAY REQUIRE FUNDING. The City will review the best practices of the THRIVE index and the Human Rights Campaign’s Municipality Equality index and consider City policies that may need additional updates to meet these best practices. 5. REVIEW HOW THE CITY HANDLES ANONYMOUS COMPLAINTS (ETHICS ORDINANCE) CITY MANAGER’S OFFICE 2022 $0 105 BOZEMAN POLICE DEPARTMENT BPD WILL HAVE RECOMMENDATION ON TIMELINE AS A PART OF THE UPCOMING CAPITAL IMPROVEMENT PLANNING PROCESS AND WILL MAKE RECOMMENDATIONS ON FISCAL YEAR. BPD WILL HAVE COST ESTIMATES AS A PART OF THE UPCOMING CAPITAL IMPROVEMENT PLANNING PROCESS. 102 0% 20% 40% 60% 80% 100% 120% Enterprise Funds Revenue Recieved QTR2 FY20 Received Estimated Remaining 90 29% 0% 20% 40% 60% 80% 100% 120% Comminuty Development Revenues % Collected % Remaining **Budget Actual % Collected/ Expended Revenues $831 1,965,$ 1,960,567 100% Expenditures $317 8,540,$ $ 677,947 8% **Budget Actual % Collected/ Expended Revenues $ 1,300,674 $ 1,186,113 91% Expenditures $ 13,529,721 $ 10,013,367 74% ** Expenditure budget includes 2020 carry forward project budgets Water Impact Fees Waste Water Impact Fees **Budget Actual % Collected/ Expended Revenues $ 4,061,000 $ 4,267,248 105% Expenditures $ 13,784,529 $ 2,729,803 20% Budget Actual % Collected/ Expended Revenues $ 470,000 $ 447,128 95% Expenditures $500 22,$025 7,31% ** Expenditure budget includes 2020 carry forward project budgets Street Impact Fees Fire Impact Fees 89 48% 52% 46% 31% 97% 51% 69% 52% 48% 54% 69% 3% 49% 31% 0% 20% 40% 60% 80% 100% 120% Generl Fund- Revenue Through 2nd QTR FY21 Received Estimated Remaining 50% 42% 30% 45% 381% 55% 67% 50% 58% 70% 55% -281% 45% 33% -400% -300% -200% -100% 0% 100% 200% 300% 400% 500% Generl Fund- Revenue Through 2nd QTR FY20 Received Estimated Remaining Donation 88 FY21 Received Estimated Remaining 87 i n a n c e D i r e c t o r I n f o r m a t i o n i s u n a u d i t e d a n d i s a s o f d a t e p u l l e d 86