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HomeMy WebLinkAbout03-22-21 Zoning Commission Agenda & PacketA.Call meeting to order B.Disclosures C.Approval of Minutes C.1 Minutes Approval for 10-26-20 and 02-22-21(Rogers) D.Public Comment Please state your name and address in an audible tone of voice for the record. This is the time for individuals to comment on matters falling within the purview of the Committee. There will also be an opportunity in conjunction with each action item for comments pertaining to that item. Please THE ZONING COMMISSION OF BOZEMAN, MONTANA ZC AGENDA Monday, March 22, 2021 WebEx Meeting Information Via Webex: https://cityofbozeman.webex.com/cityofbozeman/onstage/g.php? MTID=e795fe9699a6e73b76f0b3200a5ea925b 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 • Call-in toll number (US/Canada ): 1-650-479-3208 • Access code: 182 157 6379 Public Comment: 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 Monday, March 22nd, 2021. You may also comment by visiting the City's public 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 someone will call you during the meeting to provide an opportunity to comment. You may also send the above information via text to 406-224-3967. As always, the meeting will be streamed through the City's video page (click the Streaming Live in the drop down menu), and available in the City on cable channel 190. 1 limit your comments to three minutes. E.Action Items E.1 Buffalo Run Zone Map Amendment to Establish Initial Zoning of R-4, Residential High Density District, on Approximately 20.7 Acres at 5400 Fowler Lane, Application 21076(Saunders) F.FYI/Discussion G.Adjournment For more information please contact Tom Rogers at trogers@bozeman.net This board generally meets the 2nd and 4th Monday of each month from 6:00 PM to 8:00 PM Committee meetings are open to all members of the public. If you have a disability and require assistance, please contact our ADA coordinator, Mike Gray at 582-3232 (TDD 582-2301). 2 Memorandum REPORT TO:Zoning Commission SUBJECT:Minutes Approval for 10-26-20 and 02-22-21 MEETING DATE:March 22, 2021 AGENDA ITEM TYPE:Minutes RECOMMENDATION:Suggested Motion: I move to approve the meeting minutes for October 26th, 2020 I move to approve the meeting minutes for February 22nd, 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:None UNRESOLVED ISSUES:None ALTERNATIVES:1. Approve meeting minutes with corrections. 2. Do not approve meeting minutes. FISCAL EFFECTS:None Attachments: 10-26-20 Zoning Commission Minutes DRAFT.pdf 02-22-21 Zoning Commission Minutes DRAFT.pdf Report compiled on: February 25, 2021 3 Zoning Commission Monday, October 26th, 2020 at 6:00 PM 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=e5a4f8ed25698ea0dfc343c38d193b60e Click the Register link, enter the required information, and click submit. Click Join Now to enter the meeting Via Phone: This is for listening only if you cannot watch the stream or channel 190 United States Toll 1-650-479-3208 Access code: 126 118 9082 Public Comment: 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 Monday, October 26th, 2020. You may also comment by visiting the City's public 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 someone will call you during the meeting to provide an opportunity to comment. You may also send the above information via text to 406-224-3967. As always, the meeting will be streamed through the City's video page (click the Streaming Live in the drop down menu), and available in the City on cable channel 190. A. 06:00:47 PM (00:18:37) Call Meeting to Order & Roll Call Present Were:  Christopher Scott  Nicole Olmstead  Paul Spitler  Chris Saunders  George Thompson  Tom Rogers B. 06:02:20 PM (00:20:10) Changes to the Agenda 4 C. 06:02:26 PM (00:20:16)Approve Meeting Minutes  6.4.20 Minutes (PDF) MOTION to approve meeting minutes from June 4th: Nicole Olmstead MOTION SECONDED 06:03:23 PM (00:21:13) VOTE: All in Favor – Motion Carried 7.14.20 Minutes (PDF) MOTION to approve meeting minutes from June 4th: Paul Spitler MOTION SECONDED 06:03:55 PM (00:21:45) VOTE: All in Favor – Motion Carried  City Streaming (Meeting Videos) D. 06:04:05 PM (00:21:55) Disclosures E. 06:04:14 PM (00:22:04) Public Comment – Please state your name and address in an audible tone of voice for the record. This is the time for individuals to comment on matters falling within the purview of the Committee. There will also be an opportunity in conjunction with each action item for comments pertaining to that item. Please limit your comments to three minutes. F. 06:04:32 PM (00:22:22) Action Items 1. 06:04:53 PM (00:22:43) 1811 W. Koch Street Zone Map Amendment (#20120) (Saunders) Amending the zoning map on 0.69 acres from R-3 Medium Density Residential to R-O Residential Office. • 20120 Staff Report • 20120 Application Materials Planner Chris Saunders presented the Zone Map Amendment to the board and recommended that the amendment fits the Growth Policy criteria. Architect Ryan Krueger presented on behalf of the applicant, the proposed R-O zone map amendment and recommended approval of the amendment. 06:17:09 PM (00:34:59) Public Comment Opportunity 06:18:24 PM (00:36:14) MOTION to approve 1811 W. Koch Street Zone Map Amendment (#20120): George Thompson MOTION SECONDED 5 06:21:41 PM (00:39:31) VOTE: All in favor – Motion Carried 2. 06:22:01 PM (00:39:51) Bridger Vet Center Annexation (#20184) (Rogers) The proposed change to the UDC to allow all types of short-term rentals in the R-O Zone. • 20184 Staff Report • 20184 Application Materials Planner Tom Rogers presented to the board and recommended approval as the annexation fits within the criteria of the City growth policy. Architect Ben Elias presented to the board on behalf of the applicant, recommending that the board move to approve the annexation. 06:39:23 PM (00:57:13) Public Comment Opportunity 06:40:34 PM (00:58:24) MOTION to approve Bridger Vet Center Annexation for R-O Zoning: George Thompson MOTION SECONDED 06:44:58 PM (01:02:48) VOTE: All in favor – Motion Carried G. 06:45:13 PM (01:03:03) FYI/Discussion H. 06:47:09 PM (01:04:59) Adjournment For more information please contact Tom Rogers at TRogers@bozeman.net. This board generally meets the first and third Tuesday of the month at 6:00pm Zoning Commission meetings are open to all members of the public. If you have a disability and require assistance, please contact our ADA coordinator, Mike Gray at 582-3232 (TDD 582-2301). 6 Bozeman Zoning Commission Meeting Minutes, 02-22-21 Page 1 of 3 THE ZONING COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, February 22, 2021 00:12:25 WebEx Meeting Information A) 00:13:16 Call meeting to order Present: Mark Genito, George Thompson, Kirsa Shelkey, Christopher Scott Absent: Nicole Olmstead B) 00:14:10 Disclosures C) 00:14:23 Approval of Minutes C.1 Minutes Approval for 12-14-20 and 01-25-21 Cover Page 01-25-21 Zoning Commission Minutes DRAFT.pdf 12-14-20 Zoning Commission Minutes DRAFT.pdf 00:15:01 Motion C) Approval of Minutes Christopher Scott: Motion Mark Genito: 2nd 00:15:03 Vote on the Motion to approve C) Approval of Minutes. The Motion carried 4 - 0 Approve: Mark Genito George Thompson Kirsa Shelkey Christopher Scott Disapprove: None 7 Bozeman Zoning Commission Meeting Minutes, 02-22-21 Page 2 of 3 D) 00:15:13 Public Comment E) 00:22:54 Action Items E.1 Amendment of the City Zoning Map for the establishment of a zoning designation of B-2 in conjunction with an annexation request, Application 20346. Cover Page 20346 PDI ZMA ZC SR.docx A1 - Signed - Development Review Application.pdf Annexation & ZMA Cover Letter 10-07-20.pdf N1 - Noticing Materials Posting.pdf ZMA Criteria Narrative 09-28-20.pdf Exhibit B - PDI Initial ZMA Exhibit 12-04-20.pdf 00:26:23 Staff Presentation Staff Liaison Tom Rogers presented information to the board regarding the establishment of initial zoning of B-2 for the proposed annexation. Planner Rogers recommended that the annexation fits Zoning Criteria Evaluation and answered Board Member questions. 00:34:19 Applicant Presentation Engineer Chris Budeski presented the annexation application to the board, explaining the nature of the surrounding areas, the zoning requested by the applicant, the requirements for sewer/water main extensions and the plans for the specific property's water/sewer extension. He also requested that the applicant be allowed to have an extension on the 60 day requirement to have their sewer/water lines in place due to the amount of work required to put a new sewer/water line in place. Engineer Budeski then answered questions from the board. Realtor Jerry Pape answered board questions regarding the reasoning behind annexing the property and why it is beneficial to make it part of the City. 01:05:14 Public Comment Opportunity 01:07:49 Motion E) Action Items Mark Genito: Motion Kirsa Shelkey: 2nd 01:08:23 Board Discussion Board Member Genito spoke to his motion Chairman Scott commented that he will be voting in support of the motion and that he adopts staff findings as his own. Board Member Shelkey spoke to her second. Board Member Thompson commented in support of the motion. 01:12:26 Vote on the Motion to approve E) Action Items. The Motion carried 4 - 0 8 Bozeman Zoning Commission Meeting Minutes, 02-22-21 Page 3 of 3 Approve: Mark Genito George Thompson Kirsa Shelkey Christopher Scott Disapprove: None F) 01:12:43 FYI/Discussion 01:13:07 Ongoing Zoning Training Session REVIEW Staff Liaison Tom Rogers provided an introduction to the training session, explaining that they are implementing training in order to assist board members in making educated, informed decisions for the good of the city. 01:17:45 Staff Presentation Planner Chris Saunders shared a presentation titled "Introduction to Zoning." He shared the first part of the presentation where he outlined the background components of zoning including, the history of zoning, the purpose of zoning in a community, the zoning processes and laws in the state of Montana and the limits on zoning. Planner Saunders then took questions from the Board. Staff liaison Tom Rogers shared a presentation titled "Introduction to zoning Part 2" where he educated the board on zoning maps, examples that show why zoning standards are important, and how plans that are adopted are implemented. Liaison Rogers then took questions from the board. G) 02:19:30 Adjournment For more information please contact Tom Rogers at trogers@bozeman.net. This board generally meets the 2nd and 4th Monday of each month from 6:00 PM to 8:00 PM 9 Memorandum REPORT TO:Zoning Commission FROM:Chris Saunders, Community Development Manager SUBJECT:Buffalo Run Zone Map Amendment to Establish Initial Zoning of R-4, Residential High Density District, on Approximately 20.7 Acres at 5400 Fowler Lane, Application 21076 MEETING DATE:March 22, 2021 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:Recommended Zoning Commission Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 21076 and move to recommend approval for the Buffalo Run 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:The City received an application for annexation and initial zoning on February 22, 2021. Application is for a single parcel of land and adjacent right of way approximately 20.7 acres in area. Requested zoning is R-4, Residential High Density. See the attached Staff Report for further details. UNRESOLVED ISSUES:See the attached Staff Report ALTERNATIVES:See the attached Staff Report FISCAL EFFECTS:No presently budgeted funds will be changed by this application. Attachments: 21076 Buffalo Run Annx-ZMA ZC Staff Report 3-17-2021.pdf 21076 Buffalo Run ZC App Packet.pdf Report compiled on: March 17, 2021 10 Page 1 of 67 21076 Staff Report for the Buffalo Run Annexation and Zone Map Amendment Public Hearings: Zoning Commission (map amendment only) March 22, 2021 City Commission (Annexation and map amendment) April 20, 2021 Project Description: Annexation of 20.79 acres and amendment of the City Zoning Map for the establishment of a zoning designation of R-4, Residential High Density District. Project Location: 5400 Fowler Lane. Recommendation: Meets standards for approval with terms of annexation and contingencies. Recommended Zoning Commission Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 21076 and move to recommend approval for the Buffalo Run Zone Map Amendment, with contingencies required to complete the application processing. Report: March 17, 2021 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. 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. The application materials are available on the City’s website at https://weblink.bozeman.net/WebLink/Browse.aspx?startid=233895. 11 Staff Report for 21076 Buffalo Run Annexation & Zone Map Amendment Page 2 of 67 Annexation of the adjacent road right of way is required by state law, 7-2-4211, MCA. 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 Landowner has requested that the annexation agreement and implementing zoning ordinance be prepared so that action by the City Commission on April 20th completes the annexation process and is the first formal adoption of requested zoning. This option is available to all annexation requests. The decision to use the option is at the discretion of the landowner. 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 City’s review of these criteria is directed by the growth policy discussion of the criteria, see Chapter 5, pp. 71-79. 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-4, Residential High Density District. The zone map amendment 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 against all applicable development criteria, 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 of issues related to the criteria. The analysis under each criterion also responds to the public comment. Due to the complexity of the issues with 39 criteria to be considered 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. 12 Staff Report for 21076 Buffalo Run Annexation & Zone Map Amendment Page 3 of 67 The following adopted public planning documents support urban development at the time development of the site is proposed: • Bozeman Community Plan 2020 • 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 adopted documents listed above. Written Public Comment Written comments are available for review at https://weblink.bozeman.net/WebLink/Browse.aspx?id=233876&dbid=0&repo=BOZEMAN . As comments are received they are added to this folder and available to all interested parties. Comments received prior to noon on the day of a public hearing will be included in the online archive prior to the meeting. Zoning Commission The Zoning Commission will hold a public hearing on March 22, 2021. After consideration of the application materials, Staff report, and public comment the Zoning Commission will make a recommendation to the City Commission. Zoning Commission Alternatives 1. Recommend denial of the zone map amendment application based on the Zoning Commission’s stated 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. 13 Staff Report for 21076 Buffalo Run Annexation & Zone Map Amendment Page 4 of 67 TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 1 Unresolved Issues ............................................................................................................... 1 Project Summary ................................................................................................................. 1 Written Public Comment .................................................................................................... 3 Zoning Commission ............................................................................................................ 3 Zoning Commission Alternatives ....................................................................................... 3 SECTION 1 - MAP SERIES .................................................................................................... 5 SECTION 2 - RECOMMENDED TERMS OF ANNEXATION .......................................... 12 SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT... 15 SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 16 Annexation ........................................................................................................................ 16 Zone Map Amendment ..................................................................................................... 16 SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS ................................ 17 SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ........... 31 Spot Zoning Criteria ......................................................................................................... 54 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 ............................ 66 FISCAL EFFECTS ................................................................................................................. 67 ATTACHMENTS ................................................................................................................... 67 14 Staff Report for 21076 Buffalo Run Annexation & Zone Map Amendment Page 5 of 67 SECTION 1 - MAP SERIES Project Vicinity Map (2018 air photo) 15 Staff Report for 21076 Buffalo Run Annexation & Zone Map Amendment Page 6 of 67 Large Scale Project Vicinity Map – Bozeman Community Plan 2020 16 Staff Report for 21076 Buffalo Run Annexation & Zone Map Amendment Page 7 of 67 Project Small Scale Vicinity Map Showing the Future Land Use Map – Subject property is designated as Urban Neighborhood 17 Staff Report for 21076 Buffalo Run Annexation & Zone Map Amendment Page 8 of 67 Project Vicinity Map Showing Larger Vicinity Municipal Zoning 18 Staff Report for 21076 Buffalo Run Annexation & Zone Map Amendment Page 9 of 67 Project Vicinity Map Showing Near Vicinity Municipal Zoning Presently in Effect 19 Staff Report for 21076 Buffalo Run Annexation & Zone Map Amendment Page 10 of 67 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) 20 Staff Report for 21076 Buffalo Run Annexation & Zone Map Amendment Page 11 of 67 Annexation Vicinity Map 21 Staff Report for 21076 Buffalo Run Annexation & Zone Map Amendment Page 12 of 67 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. 22 Staff Report for 21076 Buffalo Run Annexation & Zone Map Amendment Page 13 of 67 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. 23 Staff Report for 21076 Buffalo Run Annexation & Zone Map Amendment Page 14 of 67 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. 24 Staff Report for 21076 Buffalo Run Annexation & Zone Map Amendment Page 15 of 67 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 amount of Fowler Lane ROW (50) feet from the centerline as an executed public street and utility easement where Fowler Lane 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 either 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; or should the alignment of Kurk Drive not follow the northern property boundary, provide a 60 foot width public street and utility easement from the existing endpoint of Kurk Drive to the Fowler Lane ROW, prior to commencement of construction of any public infrastructure on the site. 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 25 Staff Report for 21076 Buffalo Run Annexation & Zone Map Amendment Page 16 of 67 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 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 April 20, 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 21076. 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. 26 Staff Report for 21076 Buffalo Run Annexation & Zone Map Amendment Page 17 of 67 The Zoning Commission will hold a public hearing on the ZMA on March 22, 2021. After consideration of the application, staff report, and public comment a recommendation to the City Commission will be provided. The City Commission will hold a public hearing on the zone map amendment on April 20, 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. SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS When reviewing applications for annexation, the advisory boards and City Commission must consider the following goals and policies. When determining whether the goals and policies are 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. The 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 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 27 Staff Report for 21076 Buffalo Run Annexation & Zone Map Amendment Page 18 of 67 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. The annexation area is 1.56 miles inside from the nearest edge of the planned service area. 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. 28 Staff Report for 21076 Buffalo Run Annexation & Zone Map Amendment Page 19 of 67 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. The site is 1.56 miles inside of the urban area as shown on the future land use map 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 29 Staff Report for 21076 Buffalo Run Annexation & Zone Map Amendment Page 20 of 67 annexation does not create a new island of annexed land or unannexed land. There is an 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 evaluated the existing local 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 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. The comments from the Engineering Division have advised the applicant that secondary access to the site and limited traffic growth on existing streets will be part of the City’s review of any future development. 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 30 Staff Report for 21076 Buffalo Run Annexation & Zone Map Amendment Page 21 of 67 limitations, sanitary disposal needs, fire access, maintenance of public facilities, etc., justify a smaller annexation. Yes. The subject property is slightly over 20 acres in size 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 as established in 38.410.070 and Chapter 40, BMC. 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. 31 Staff Report for 21076 Buffalo Run Annexation & Zone Map Amendment Page 22 of 67 Existing Sewer Service Pipe Map 32 Staff Report for 21076 Buffalo Run Annexation & Zone Map Amendment Page 23 of 67 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. 33 Staff Report for 21076 Buffalo Run Annexation & Zone Map Amendment Page 24 of 67 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. 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 after completion of construction. Design plans must address impacts to the water system locally and 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 proposed 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-4. See Section 6 - Zone Map Amendment 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-4. See Section 6 - Zone Map Amendment section of this report for review of the zoning criteria. The Zoning Commission will hold a public hearing on March 22, 2021. A recommendation to the City Commission regarding approval of the requested R-4 zoning will be made. See the discussion under Section 6 and the Executive Summary. 34 Staff Report for 21076 Buffalo Run Annexation & Zone Map Amendment Page 25 of 67 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-4, the Residential 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 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. 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 Landowner will need to assemble a workable set of 35 Staff Report for 21076 Buffalo Run Annexation & Zone Map Amendment Page 26 of 67 improvements to offset increased demands before approval of any construction. As discussed under Section 5, Goal 7. The comments from the Engineering Division have advised the applicant that secondary access to the site and limited traffic growth on existing streets will be part of the City’s review of any future development. 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 Gallatin County’s jurisdiction. See also discussion under Section 5, Goal 7, and Section 6, Criterion F. 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. Analysis of the water and sewer systems finds that adequate water pressure and sewer flow can be provided under expected development alternatives. The annexation agreement includes requirements for additional analysis and design reports at the time of development review when greater information is available on the nature of proposed development. 36 Staff Report for 21076 Buffalo Run Annexation & Zone Map Amendment Page 27 of 67 Initial analysis by Staff indicates water and sewer capacity are 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 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. This connection is identified in the City’s Wastewater Collection Facilities Plan Update. Wastewater capital improvements must be designed in coordination with any Fowler Lane improvements. 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. Any future development will be required to mitigate additional demand for recreation created by the addition homes. Completion of park improvements are subject to the same standards as other infrastructure as set out in Division 38.270. 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 37 Staff Report for 21076 Buffalo Run Annexation & Zone Map Amendment Page 28 of 67 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 proximity larger parks where it may be more appropriate to make improvements rather than land dedication. Should the future development of the site make a portion of Meadow Creek Park no longer available Term of Annexation 12 requires the City to be made whole for any potential loss. 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. The 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 required with any future subdivision. 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 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. 38 Staff Report for 21076 Buffalo Run Annexation & Zone Map Amendment Page 29 of 67 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. A preliminary annexation map is included in the application materials. 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. Chapter 2, Article 6, Division 9 are the City’s impact fee regulations. 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 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. 39 Staff Report for 21076 Buffalo Run Annexation & Zone Map Amendment Page 30 of 67 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, MCA 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 Fowler Lane or any part of 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 March 2, 2021. 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 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 40 Staff Report for 21076 Buffalo Run Annexation & Zone Map Amendment Page 31 of 67 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 February 22, 2021. On November 17, 2020, the City Commission adopted a new growth policy, the Bozeman Community Plan 2020, (BCP 2020) which replaced the prior growth policy. 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 state required zoning criteria in 76- 2-304 MCA are applied locally. These criteria are presented and analyzed in this section of the report. 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. 41 Staff Report for 21076 Buffalo Run Annexation & Zone Map Amendment Page 32 of 67 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 the Buffalo Run 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.” 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-4 district is an implementing district of the Urban Neighborhood category. The full table is provided in Appendix B 42 Staff Report for 21076 Buffalo Run Annexation & Zone Map Amendment Page 33 of 67 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.” 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 for a specific location but does lean towards the more intensive portion of the zoning district spectrum. 43 Staff Report for 21076 Buffalo Run Annexation & Zone Map Amendment Page 34 of 67 “Goal N-3: Promote a diverse supply of quality housing units.” The R-4 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-4 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 an 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 is developing as a main corridor. The City has several planned extensions/expansions of Fowler included in the Capital Improvement Program, for construction in the next five years. 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. See discussion under Section 5, Goal 7 and Section 6, Criteria F for additional information. “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.” 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, 44 Staff Report for 21076 Buffalo Run Annexation & Zone Map Amendment Page 35 of 67 office, and public uses. Development of additional appropriate high-density residential, community commercial, office park, and public uses.” The proposed R-4 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. “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.” 45 Staff Report for 21076 Buffalo Run Annexation & Zone Map Amendment Page 36 of 67 The City addresses this issue 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 (1,331 by 665 feet) 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.” 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. 46 Staff Report for 21076 Buffalo Run Annexation & Zone Map Amendment Page 37 of 67 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. Existing municipal areas will be separated from the new area by an existing park and streets, 240+ feet wide at the narrowest point, which is required to be expanded per Term of Annexation 11. As noted in Section 6, Criterion H, and BCP 2020 page 77, separations such as streets and parks are both suitable and adequate for separating even districts with significant differences. 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 47 Staff Report for 21076 Buffalo Run Annexation & Zone Map Amendment Page 38 of 67 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 welfare. Compliance with the BCP 2020 as described in Section 6, Criterion A, 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. 48 Staff Report for 21076 Buffalo Run Annexation & Zone Map Amendment Page 39 of 67 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, 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). This property is within a payback district established for excess sewer capacity initially installed by the Meadow Creek subdivision. 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. The City is actively improving northern portions of the street with multiple projects included on the capital improvement program for construction in the next five years. With or without this proposed zoning amendment the street will change to an urban paved street over 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. Adequate capacity in water, sewer, and major transportation services are known to exist or able to be added to support the potential intensity of the R-4 zone. Review of future development will further verify adequate capacity is present and all needed connections can be provided before any construction may begin. 49 Staff Report for 21076 Buffalo Run Annexation & Zone Map Amendment Page 40 of 67 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 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-4 district meets 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-4 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 will sufficiently address impacted transportation systems. 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 Lane as an arterial street and 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 50 Staff Report for 21076 Buffalo Run Annexation & Zone Map Amendment Page 41 of 67 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 Lane, improving and connecting Blackwood to S. 19th, and signalization of the intersection of Blackwood and 19th. These expected actions to implement 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. The comments from the Engineering Division have advised the applicant that secondary access to the site and limited traffic growth on existing streets will be part of the City’s review of any future development. 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% shown from the Census data. 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. Several larger projects are under review which will fill in larger gaps. 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 51 Staff Report for 21076 Buffalo Run Annexation & Zone Map Amendment Page 42 of 67 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 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-4 district says in part: “The intent of the R-4 residential high density district is to provide for high-density residential development through a variety of housing types within the city with associated service functions.” The paragraph then notes methods by which to achieve that intent. The paragraph notes that use of the R-4 district is appropriate for placement adjacent to mixed use districts and/or served by transit. Public comment has been received on the intent 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-4 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: 52 Staff Report for 21076 Buffalo Run Annexation & Zone Map Amendment Page 43 of 67 “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 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 was for many years characterized by low density residential. Some existing developed 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 south of Kagy, and exclusively west of 19th Avenue, 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) There are 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 53 Staff Report for 21076 Buffalo Run Annexation & Zone Map Amendment Page 44 of 67 operation; and integration with existing community systems including water and sewer services, natural elements in the area, motorized and non-motorized transportation, and open spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design, density or use. Compatible land use. A land use which may by virtue of the characteristics of its discernible outward effects exist in harmony with an adjoining land use of differing character. Effects often measured to determine compatibility include, but are not limited to, noise, odor, light and the presence of physical hazards such as combustible or explosive materials.” As noted in the definition of Compatible development, there are many elements that contributed to compatibility. The first sentence identifies compliance with the growth policy, as described in Section 6, Criterion A above, as a substantial element of the character of compatible development. 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-4 district is a residential district. The allowed uses for residential districts are set in 38.310.030. The allowed uses are included in Appendix B. A review of Table 38.310.030.A - Permitted general and group residential uses in residential zoning districts, shows two differences between the R-3 and R-4 zoning districts. A review of Table 38.310.030.B – Permitted accessory and non-residential uses in residential zoning districts shows two differences. Distinctions based on use are minor. The form and intensity standards for residential districts are in 38.320.030. There are some, but still modest, differences between R-3 and R-4 in this portion of the development standards. Development may take many forms in either zoning district. The more intensive development elements allowed in the R-3 and R-4 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; 54 Staff Report for 21076 Buffalo Run Annexation & Zone Map Amendment Page 45 of 67 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.” 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 greater difference in the intensity of development allowed between the AS and R-4 districts. The primary uses in the R-4 district are a mix of residences. Primary uses in the AS district are low intensity residential and agricultural. Residential uses are planned for the entire area as described in Section 6, Criterion A. There is not a specified zoning district for the planned residential uses. However, as described above, the City has many standards to address compatibility. 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-4 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. 55 Staff Report for 21076 Buffalo Run Annexation & Zone Map Amendment Page 46 of 67 H. Character of the district. Yes. Section 76-2-302, MCA says “…legislative body may divide the municipality into districts of the number, shape, and area as are considered best suited to carry out the purposes [promoting health, safety, morals, or the general welfare of the community] of this part.” Emphasis added. 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 this 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. See discussion throughout Section 6 in support of this conclusion. 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 standards. These distinctions do not prohibit the property from being annexed and zoned by the City as requested by the landowner. Zoning doesn’t freeze the character of an area forever. Rather, zoning provides a structured method to consider changes to the character. The BCP 2020 notes, 56 Staff Report for 21076 Buffalo Run Annexation & Zone Map Amendment Page 47 of 67 “…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.” See Section 6, Criterion A above for discussion about the application and growth policy and planned 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. A larger context view of the zoning in the area is in the Section 1 maps. 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. A review of the zoning map also finds that proximity of R-3 and R-4, or even R-1 and R-4 are not uncommon. The following two maps show that the R-1, R-3, and R-4 districts have 57 Staff Report for 21076 Buffalo Run Annexation & Zone Map Amendment Page 48 of 67 been approved as suitable neighbors on many occasions. The locations include central areas of the city and in newly annexing and developing areas. The City has experienced no difficulties with the proximity of the different zoning districts. Proximity map of existing areas zoned as R-1 and R-4 58 Staff Report for 21076 Buffalo Run Annexation & Zone Map Amendment Page 49 of 67 Proximity map of existing areas zoned as R-1, R-3, and R-4 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 and south of College Street 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 application for rezoning (Nexus Point, application 20389) just south of the Grace Bible Church which was approved on February 23, 2021. The application proposes to rezone a portion of a previously approved site plan from R-O to R-5. The implementing ordinance is in process. 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 59 Staff Report for 21076 Buffalo Run Annexation & Zone Map Amendment Page 50 of 67 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-4 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.” 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 it 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 60 Staff Report for 21076 Buffalo Run Annexation & Zone Map Amendment Page 51 of 67 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 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- 4 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-4 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. The subject property for this application 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-4 and the adjacent unannexed properties. As described on page 77 of the BCP 2020, a local street is considered an adequate 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-4 adequate to avoid negative impacts. The property to the north has no structures. Development of the subject property is required to remain inside the property boundaries. 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-4 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 although one 61 Staff Report for 21076 Buffalo Run Annexation & Zone Map Amendment Page 52 of 67 could be created. 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-4 to be compatible with adjacent development and uphold the residential character in an area where R-4 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. 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 62 Staff Report for 21076 Buffalo Run Annexation & Zone Map Amendment Page 53 of 67 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 mature tres 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-4 zoning districts with different intensity of residential uses. Staff concludes that although the R-4 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. I. Peculiar suitability for particular uses. Neutral. The proposed amendment does not modify the existing standards of the R-4 district. Therefore the impact of the amendment is limited to this application site. The property is generally flat. A water channel crosses the property from north to south. It is presently unknown whether this is natural flow, irrigation water, or a blend of the two. Groundwater in the area is shallow and 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 63 Staff Report for 21076 Buffalo Run Annexation & Zone Map Amendment Page 54 of 67 characteristics of the property to make a positive or negative findings for this criteria specific to an individual residential zoning district being more suitable than another. J. Conserving the value of buildings. Yes. The proposed amendment does not modify the existing standards of the R-4 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-4 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 and will be protected by development standards. As discussed under Section 6, Criteria A, G, and H, placement of the R-4 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-4 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. 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.’ 64 Staff Report for 21076 Buffalo Run Annexation & Zone Map Amendment Page 55 of 67 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-4 district is primarily for homes as established in 38.100.030.F and 38.310.030. See also Appendix B for a comparison of residential uses. 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 in the surrounding area. 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-4 zoning districts. A review of Table 38.310.030.B – Permitted accessory and non-residential uses in residential zoning districts shows two differences. Similarity between R-3 and R-4 shows 36 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-4 has been placed adjacent to other unannexed property and across the street from the R-1 and R-3 zoning districts. 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-4 is dominantly a residential district. Development of the site in compliance with the proposed R-4 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-4 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-4 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 65 Staff Report for 21076 Buffalo Run Annexation & Zone Map Amendment Page 56 of 67 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 are generalized benefits to the community from the annexation and zoning change, 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 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-4 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 BCP 2020 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 66 Staff Report for 21076 Buffalo Run Annexation & Zone Map Amendment Page 57 of 67 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-4 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 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. 67 Staff Report for 21076 Buffalo Run Annexation & Zone Map Amendment Page 58 of 67 APPENDIX A - NOTICING AND PUBLIC COMMENT Notice has been or will be published in the Bozeman Daily Chronicle on March 7, 2021, March 21, 2021, and April 11, 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. 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 March 17, 2021, 8 written comments are received on this application. Written comments are available for review at https://weblink.bozeman.net/WebLink/Browse.aspx?id=233876&dbid=0&repo=BOZEMAN . As comments are received they are added to this online folder and available to anyone. The oral comments will be available through the recording of the Zoning Commission public hearing which will be available through the City’s website. Issues raised by public comments are addressed throughout this report. Common themes in the written public comment submitted to date include: 68 Staff Report for 21076 Buffalo Run Annexation & Zone Map Amendment Page 59 of 67 • Traffic routes and impacts, especially to Kurk Drive, and associated public safety concerns • 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. Table 4 from the Bozeman Community Plan 2020 69 Staff Report for 21076 Buffalo Run Annexation & Zone Map Amendment Page 60 of 67 Proposed Zoning Designation: The applicant has requested zoning of “R-4” (Residential high density district) in association with the annexation of the property. The intent of the R-4 District is described in 38.300.100: 70 Staff Report for 21076 Buffalo Run Annexation & Zone Map Amendment Page 61 of 67 E. Residential high density district (R-4). The intent of the R-4 residential high density district is to provide for high-density residential development through a variety of housing types within the city with associated service functions. This purpose is accomplished by: 1. Providing for minimum lot sizes in developed areas consistent with the established development patterns while providing greater flexibility for clustering lots and mixing housing types in newly developed areas. 2. Providing for a variety of compatible housing types, including single and multi- household dwellings to serve the varying needs of the community's residents. 3. Allowing office use as a secondary use, measured by percentage of total building area. Use of this zone is appropriate for areas adjacent to mixed-use districts, commercial 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. Similarities between R-3 and R-4 are highlighted in green and differences in yellow. Sec. 38.310.030. Authorized uses—Residential zoning districts. Table 38.310.030.A Permitted general and group residential uses in residential zoning districts Table clarifications: 1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted. 2. If a * appears after the use, then the use is defined in article 7. 3. Where a code section is referenced after the use, then the use is subject to the additional standards specific to the subject use in that code section. 4. If a number appears in the box, then the use may be allowed subject to development condition(s) described in the footnotes immediately following the table. Uses Zoning Districts R-S R-1 R-2 R-3 R-4 R-5 R- O1 RMH General residential Accessory dwelling units* - attached (38.360.040) P P P P P P P — 71 Staff Report for 21076 Buffalo Run Annexation & Zone Map Amendment Page 62 of 67 Accessory dwelling units* - detached (38.360.040) P P P P P P P — Apartments/apartment building* — — — — P P P — Apartment building, limited4 — — — P P P P — Cottage housing (38.360.120)* P P P P P P P P Manufactured homes on permanent foundations(38.360.170)* P P P P P P P P Manufactured home communities* — — — — — — — P Single-household dwelling (38.360.220) P P P P P P P P Two-household dwelling (38.360.220) — — P P P P P — Three household dwelling or four- household dwelling (38.360.220) — — — P P P P — Townhouses* & rowhouses* (two attached units)(38.360.250) P2 P2 P P P P P P3 Townhouses* & rowhouses* (five attached units or less) (38.360.250) — — — P3 P P P — Townhouses* & rowhouses* (more than five attached units) (38.360.250) — — — — P P P — Group residential 72 Staff Report for 21076 Buffalo Run Annexation & Zone Map Amendment Page 63 of 67 Community residential facilities* with eight or fewer residents P P P P P P P P Community residential facilities* serving nine or more residents — — — S P P P — Cooperative household* S S S P P P P S Family day care home* P P P P P P P P Group day care home* P P P P P P P P Group living (38.360.135)* P P P P P P P P Lodging houses* — — — S P P P — Transitional and emergency housing (38.360.140)* and related services S S S S S S S S Notes: 1. The primary use of a lot, as measured by building area, permitted in the R-O district is determined by the underlying growth policy land use designation. Where the district lies over a residential growth policy designation the primary use shall be non-office uses; where the district lies over a non- residential designation the primary use shall be office and other non-residential uses. Primary use shall be measured by percentage of building floor area. 2. In the R-S, R-1, and RMH district townhomes are only allowed when utilized to satisfy the requirements of division 38.380, Affordable Housing. May only be utilized in developments subject to division 38.380 of this article. 3. In the R-3 district, townhouse groups must not exceed 120 feet in total width. 4. Supplemental use criteria for apartment building, limited are in 38.360.070. Table 38.310.030.B Permitted accessory and non-residential uses in residential zoning districts Table clarifications: 1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted. 2. If a * appears after the use, then the use is defined in article 7. 3. Where a code section is referenced after the use, then the use is subject to the additional standards specific to the subject use in that code section. 4. If a number appears in the box, then the use may be allowed subject to development condition(s) described in the footnotes immediately following the table. 73 Staff Report for 21076 Buffalo Run Annexation & Zone Map Amendment Page 64 of 67 Uses Zoning Districts R-S R-1 R-2 R-3 R-4 R-5 R-O1 RMH Accessory uses Essential services Type I* A A A A A A A A Guest house* A A A A A A A — Home-based businesses (38.360.150)* A/S A/S A/S A/S A/S A/S A/S A/S Other buildings and structures typically accessory to authorized uses A A A A A A A A Private or jointly owned recreational facilities A A A A A A A A Signs*, subject to article 5 of this chapter A A A A A A A A Temporary buildings and yards incidental to construction work A A A A A A A A Temporary sales and office buildings A A A A A A A A Non-residential uses Agricultural uses* on 2.5 acres or more (38.360.270) P — — — — — — — 74 Staff Report for 21076 Buffalo Run Annexation & Zone Map Amendment Page 65 of 67 Agricultural uses* on less than 2.5 acres (38.360.270) C — — — — — — — Bed and breakfast* C C C C P P P — Commercial stable (38.360.230) C — — — — — — — Community centers* C C C C C C P C Day care centers* S S S P P P P S Essential services Type II* P P P P P P P P Essential services Type III*2 C C C C C C C C Short Term Rental (Type 1)* P P P P P P P — Short Term Rental (Type 2)* — — P P P P P — Short Term Rental (Type 3)* — — — — — — — — General service establishment* — — — — — — P5 — Golf courses C C — — — — — — Offices* — — — — S3 S3 P — Public and private parks P P P P P P P P Medical offices, clinics, and centers* — — — — C C3 P — 75 Staff Report for 21076 Buffalo Run Annexation & Zone Map Amendment Page 66 of 67 Recreational vehicle parks (38.360.210)* C — — — — — — P Restaurant* — — — — — P4 P5, 6 — Retail* — — — — — P4 P5, 6 — Uses approved as part of a PUD per division 38.380 of this article C C C C C C C C Veterinary uses S — — — — — — — Notes: 1. The primary use of a lot, as measured by building area, permitted in the R-O district is determined by the underlying growth policy land use designation. Where the district lies over a residential growth policy designation the primary use shall be non-office uses; where the district lies over a non- residential designation the primary use shall be office and other non-residential uses. Primary use shall be measured by percentage of building floor area. 2. Only allowed when service may not be provided from an alternative site or a less intensive installation or set of installations. 3. Only when in conjunction with dwellings. 4. Subject uses are limited to 2,500 square feet of gross floor area and only allowed on street corner sites within a mixed-use building featuring residential units next to and/or above subject uses. 5. Subject uses are limited to 1,500 square feet of gross floor area per individual tenant. 6. These uses may not include drive-through facilities. 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: Buffalo Run Bozeman LLC, 5400 Fowler Lane, Bozeman MT 59718 Representative: Derek Williams, 5400 Fowler Lane, Bozeman MT 59718 Report By: Chris Saunders, Community Development Manager 76 Staff Report for 21076 Buffalo Run Annexation & Zone Map Amendment Page 67 of 67 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. 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 are at https://weblink.bozeman.net/WebLink/Browse.aspx?startid=233895 Public comments are at https://weblink.bozeman.net/WebLink/Browse.aspx?id=233876&dbid=0&repo=BOZEMAN 77 78 79 80 81 82 83 84 85 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'BRAWNE R D I A N E L . R E V TRUST D A T E D 0 7 / 2 3 / 1 4 C.O.S. 207 4 MEADOW C R E E K PARTNER S L L C MEADOW C R E E K SUBDIVIS I O N P H A S E 1 NEESE U R S U L A N12 S12 SW14 SW14 SECTION 2 3 T 2 S R 5 E KOUNTZ D A Y L E H . MARITAL T R U S T S12 SE14 SECTIO N 2 2 T2S R5E BRAWNE R D I A N E L . R E V TRUST DA T E D 0 7 / 2 3 / 1 4 C.O.S 186 1 N12 SW14 SW14 SECTION 23 T2S R5E GALLTIN COUNTY, MT 20.33 ACRES CHRISTE N S E N J O N C & ELIZAB E T H R S12 S12 SW14 SW14 SECTION 2 3 T 2 S R 5 E KOUNTZ D A Y L E H TRACT 1 SE14 SE14 SECTION 2 2 T 2 S R 5 E KOUNTZ D A Y L E H . MARITAL T R U S T N12 SE14 SECTIO N 2 2 T2S R5E KURK DRIVE (30' - ROW)SOUTH 30TH AVE. (60' - ROW)SOUTH 31TH AVE. (40' - ROW)FOWLER LANE (60' - ROW)DYH 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 E8SE8SE8SE8SE8SE8SE8SE8SE8SE8SE8SE8SE8SE8SE8SE8SE8SE8SE8SE8SE8SMEAH 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. R-3 ZONI N G 2021 BUFFALO RUN - 5400 FOWLER LANE ZONE MAP AMENDMENT PROPOSED ZONING: R-4 ZONING:20.79 acres (905,625.40) Sq. Ft.PROPOSEDZONING: R-4©COPYRIGHT MORRISON-MAIERLE, INC.,2021 PLOTTED DATE: Feb/24/2021 PLOTTED BY: matt e. ekstrom DRAWING NAME: N:\6475\002 - Topo and Boundary Survey\ACAD\Exhibits\6475002 ZONE MAP 022421.dwg 1/4 SEC.SECTION TOWNSHIP RANGE PROJ. #:SHEET OF PRINCIPAL MERIDIAN, MONTANA COUNTY, MONTANADATE: SCALE: CLIENT: FIELD WORK: DRAWN BY: CHECKED BY: engineers surveyors planners scientists MorrisonMaierle 315 N. 25th Street, Suite 102 Billings, MT 59101 Phone: 406.656.6000 Fax: 406.237.1201 11 GALLATIN 6475.002 1"=150 02/2021 MEE JW 5E 2S 23SW LEGAL DESCRIPTION POINT OF BEGINNING R-3 ZON I N G EXISTING 60 FOOT RIGHT OF WAY EASEMENT PER COUNTY ROAD BY PETITION NO. 17 EXISTING 60 FOOT RIGHT OF WAY EASEMENT PER PLAT J-453PROPOSEDZONING: R-4A 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. GALLAT I N C O U N T Y / BOZEMA N A R E A : A S GALLAT I N C O U N T Y / BOZEMA N A R E A : A S GALLAT I N C O U N T Y / BOZEMA N A R E A : A S GALLAT I N C O U N T Y / BOZEMA N A R E A : A S GALLATI N C O U N T Y / BOZEMA N A R E A : A S GALLAT I N C O U N T Y / BOZEMA N A R E A : A S GALLAT I N C O U N T Y / BOZEMA N A R E A : A S BOZEMA N COMMU N I T Y P L A N URBAN NEIGHB O R H O O D BOZEMA N COMMU N I T Y P L A N URBAN NEIGHBO R H O O D BOZEMA N COMMU N I T Y P L A N URBAN NEIGHBO R H O O D BOZEMA N COMMUN I T Y P L A N URBAN NEIGHBO R H O O D BOZEMA N COMMU N I T Y P L A N URBAN NEIGHB O R H O O D BOZEMA N COMMU N I T Y P L A N URBAN NEIGHBO R H O O D BOZEMA N COMMU N I T Y P L A N URBAN NEIGHBO R H O O D BOZEMA N COMMU N I T Y P L A N URBAN NEIGHB O R H O O D 86 BUFFALO RUN ANNEXATIONBozeman, Montana February 2021 87 BUFFALO RUN ANNEXATION Bozeman, MT SHEET INDEX SUBMITTAL DOCUMENTS - COVER SHEET PAGE 1-3: A1 FORM PAGE 4-6: ANNX FORM 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 MAP PAGE 29: EXISTING ZONING MAP PAGE 30: POTENTIAL FUTURE LAND USE MAP PAGE 31: POTENTIAL FUTURE ZONING MAP SUPPLEMENTAL INFORMATION - COVER SHEET PAGE 32-43: PLATTING CERTIFICATE PAGE 44-47: ARTICLE OF ORGANIZATION PAGE 48: CERTIFICATE OF FACT OF GOOD STANDING PAGE 49-62: DEED PAGE 63-64: NOTARY DOCUMENTS PAGE 65: NOTICING CHECKLIST - N1 FORM PAGE 66-67: CVA (COVID FORM) PAGE 68-69: ADJACENT PROPERTY OWNERS 88 BUFFALO RUN ANNEXATION Bozeman, MT SHEET INDEX- SUBMITTAL DOCUMENTS________________________________ PAGE 1-3: A1 FORMPAGE 4-6: ANNX FORMPAGE 7-11: ANNX FORM GOALS AND POLICIES 89 PAGE 1 90 PAGE 2 91 PAGE 3 92 PAGE 4 93 PAGE 5 94 PAGE 6 95 BUFFALO RUN ANNEXATION Bozeman, MT PAGE 7 The vision and directives for Buffalo Run were developed and influenced by the Bozeman, MT 2020 Community Plan, including 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. 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, designates the subject property as Urban Neighborhood. Under the growth policy’s description of the Urban Neighborhood land use category it states “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. 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.” 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 Land Use Pattern) illustrating a potential land use and zoning pattern for the Fowler Lane, Blackwood Rd and Stucky Rd. The proposed R-4 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. 96 BUFFALO RUN ANNEXATION Bozeman, MT PAGE 8 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. As outlined above and illustrated on the enclosed connectivity exhibit (see Connectivity Plan), the intent is to extend the arterial and collector street grid network. This grid pattern will provide for additional connections including the extension of Kurk Drive to Fowler Lane. Improvements will also include extending Fowler Lane to Stucky Rd. and completing the South 27th Avenue segment that is located within the existing easement. Buffalo Run will utilize Kurk Drive and Fowler Lane for access. These streets are interconnected with the grid network that has been established southwest quadrant of the City. 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. 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. 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 limitations, sanitary disposal needs, fire access, maintenance of public facilities, etc., justify a smaller annexation. The Buffalo Run parcel is approximately 20.3 acres. 8. The City seeks to obtain water rights adequate for future development of the property with annexation. Buffalo Run is willing to transfer usable water rights. 9.The City of Bozeman encourages annexations for City provision of clean treated water and sanitary sewer. Buffalo Run is proposed to be connected to the City water and sewer system. SECTION TWO: POLICIES 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. The applicant agrees to dedicate the Fowler Lane right-of-way required to accommodate a 3-lane collector section. This right-of-way and 10’ public utility easement will be dedicated at the time of Annexation approval. The applicant waives the right to protest the creation of special or improvement districts necessary to provide the essential services for future development of the City. The applicant requests the City to prepare the Annexation Agreement for concurrent review with this submittal, in lieu of subsequent City Commission review. The applicant will work with the City Staff to ensure appropriate easement, right-of-way, and necessary rights of protest are secured in the Annexation Agreement prior to the City Commission hearing. 2. Issues pertaining to master planning and zoning must be addressed prior to or in conjunction with the application for annexation. 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.” 97 BUFFALO RUN ANNEXATION Bozeman, MT PAGE 9 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 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-4 amendment will enable higher residential densities in an area that is located within proximity of the Montana State University and the business 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 fosters 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, R-4 and R-5 will be located along the Fowler Lane corridor. 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. The future land use map in the Bozeman Community Plan, designates the subject property as Urban Neighborhood. Under the growth policy’s description of the Urban Neighborhood land use category it states “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 natual features such as floodplains or steep slopes. Complementary uses such as parks, home-based occupations, fire stations, churches, schools, and some neighborhood-serving commerce provide activity centers for community gathering and services. The Urban Neighborhood designation indicates that development is expected to occur within municipal boundaries. This may require annexation prior to development. Applying a zoning district to specific parcels sets the required and allowed density. Higher density residential areas are encouraged to be, but are not required or restricted to, proximity to commercial mixed use areas to facilitate the provision of services and employment opportunities without requiring the use of a car.” The 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 Land Use Pattern) illustrating a potential land use and zoning pattern for the Fowler Lane, Blackwood Rd and Stucky Rd. The proposed R-4 would be consistent with this growth pattern. A Growth Policy Amendment is not required with this application. 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. The proposed R-4 zone map amendment will encourage the most appropriate use of land as the growth policy designates the property as “Urban Neighborhood,” which the proposed R-4 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. 98 BUFFALO RUN ANNEXATION Bozeman, MT PAGE 10 5. The applicant must indicate their preferred zoning classification as part of the annexation petition. The proposed R-4 zone amendment is requested. 6. Fees for annexation processing will be established by the City Commission. The applicant will pay the required processing fees. 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. As outlined above and illustrated on the enclosed connectivity exhibit (see Connectivity Plan), the intent is to extend the arterial and collector street grid network. This grid pattern will provide for additional connections including the extension of Kurk Drive to Fowler Lane. Improvements will also include extending Fowler Lane to Stucky Rd. and completing the South 27th Avenue segment that is located within the existing easement. Buffalo Run will utilize Kurk Drive and Fowler Lane for access. These streets are interconnected with the grid network that has been established southwest quadrant of the City. 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. 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. 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. Buffalo Run will transfer usable water rights or pay the appropriate fees. 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. It is the intent for Buffalo Run to be served by City emergency services, including police and fire. Existing water and sanitary sewer lines are located directly east of the Buffalo Run parcel. 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 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. City water and sewer is located north and east of the parcel. The intent is to extend the existing utilities as required to serve the Buffalo Run project. The Buffalo Run infrastructure improvements will also include installing a sanitary sewer mainline in Fowler Lane that will extend north to Stucky Road. 99 BUFFALO RUN ANNEXATION Bozeman, MT PAGE 11 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. Annexation and zone map maps are enclosed with this application. 12. The mapping may be waived by the Director of Public Works. An annexation and zone map are enclosed with this application. 13. The City will assess system development/impact fees in accordance with Montana law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code. The applicant shall pay applicable and required development fees. 14. Public notice requirements: Notice for annexation of property must be coordinated with the required notice for the zone map amendment required with all annexation. The zone map amendment notice must contain the materials required by 38.220.410, BMC. Zone Map Amendment Noticing has been provided as required by 38.220, 140 is enclosed with this application. 15. 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. An annexation agreement will be prepared and executed as outlined above. 16. When possible, the use of Part 46 annexations is preferred. The Part 46 annexation has been noted. 17. 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. The Buffalo Run parcel is not currently located within a road improvements district. 18. The City will notify the Gallatin County Planning Department and Fire District providing service to the area of applications for annexation. It is acknowledged that the Gallatin County Planning Department and Fire District will be referred to for providing the respective services. 19. 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 from structures. The property owner must contact the City Water and Sewer Superintendent to verify disconnects of wells and septic systems. It is the intent to connect the Buffalo Run parcel to City water and sewer services. The existing septic system will be abandoned upon sewer being extended and activated. Coordination with the City Water and Sewer Superintendent to verify disconnects of wells and septic systems will be completed. 100 BUFFALO RUN ANNEXATION 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 12 101 BUFFALO RUN ANNEXATION Bozeman, MT PAGE 13 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 the Bozeman, MT 2020 Community Plan, including 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 and goals within the Seven Themes outlined in the Bozeman Community Plan 2020. This includes incorporating a diversity of housing to the area as required to support an “Innovative Economy” and “balanced” community. A. Theme 3 - A City bolstered by Downtown and complementary districts Goal DCD-3: “Ensure multimodal connectivity within the City.” Theme 5 - A City that prioritizes accessibility and mobility choices Goal M-1, M-2: “Ensure multimodal accessibility. Ensure multimodal safety.” 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. Theme 2 - A City of Unique Neighborhoods Goal N-1.5: “Encourage neighborhood focal point development with functions, activities, and facilities that can be sustained over time. Maintain standards for placement of community focal points and services with new development.” 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 and proposed community amenities. The central pedestrian street corridor creates a visual and physical connection to the community center, ponds and park. This central amenity area serves as the focal point of the project. Other architectural elements and landmarks may be incorporated into the respective spaces. 102 BUFFALO RUN ANNEXATION Bozeman, MT PAGE 14 C. Theme 4 - A City influenced by our natural environment , parks and open lands Goal EPO-1: “Prioritize strategic acquisition of parks to provide a variety of recreational opportunities throughout the city.” Buffalo Run is planned to include a hierarchy of 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 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. Theme 2 A City of unique neighborhoods Goal N-1.1: “Promote housing diversity, including missing middle housing.” 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. Theme 2 - A City of unique neighborhoods Goal N-1.11: “Enable a gradual and predictable increase in density in developed areas over time.” Rezoning the Buffalo Run parcel to R-4 will allow for a variety of housing to be implemented to accommodate a multi-generational and dimensional population. F. Theme 6 - A City powered by its creative, innovative and entrepreneurial economy Goal EE-1: “Promote the continued development of Bozeman as an innovative and thriving economic center.” 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. Theme 3 - A City bolstered by Downtown and complementary districts Goal DCD-1, DCD-2: “Support urban development within the City. 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.” Buffalo Run is located within an area that is projected for urban development within the City. It is anticipated that this area will be planned to include a variety of land uses and zone classifications. The projected growth pattern will support a variety of non-residential and residential land uses that will further reinforce the theme of create a city of unique neighborhoods that will include a diversity of housing. Within the immediate context of a large single-family housing stock, the project is projected to have for-sale and for rent housing alternatives. These housing options will assist in addressing the needs of residents and employees of Montana State University and the proposed community commercial mixed use areas that are designated to be built within this quadrant of the city. H. Theme 2 - A City of unique neighborhoods Goal N-3: “Promote a diverse supply of quality housing units.” Buffalo Run and proposed zoning has the ability to provide much needed alternative housing choices. 103 BUFFALO RUN ANNEXATION Bozeman, MT PAGE 15 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 and Southbridge neighborhoods that are located to the east. Other non-residential and educational uses within proximity of the Buffalo Run project include Montana State University and the existing business 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 Ainsworth Park and Meadow Creek neighborhood 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 Fowler Lane and Kurk Drive the primary access to the project. 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 with capacity are located east of the parcel within the Meadow Creek subdivision. 104 BUFFALO RUN ANNEXATION Bozeman, MT PAGE 16 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. CONCEPTUAL URBAN FRAMEWORK PLAN 105 BUFFALO RUN ANNEXATION Bozeman, MT PAGE 17 Connectivity The proposed zoning 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, bicycle 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 improving the arterial and collector network system. 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. Fowler Lane will be extended to Stucky Road. Other improvements include completing the South 27th Avenue segment that is located within the existing easement. This street network provides for walkable blocks that will provide alternative pedestrian, bicycle 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 proposes extending the Meadow Trail to the west to the future Fowler Lane minor arterial. CONCEPTUAL CONNECTIVITY PLAN 106 BUFFALO RUN ANNEXATION Bozeman, MT PAGE 18 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, up to 2.6 acres of the parkland is to be dedicated to the existing public Meadow Creek Park exceeding the required public land dedication. In addition to increasing the size of the public park, additional improvements to the park are also proposed that may include sport courts other recreation amenities. Specific elements are to be located to provide access and use for both the Buffalo Run and Meadow Creek neighborhoods and city residents. 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. The 30’ trail corridor provides a pedestrian connection to the adjacent north and south parcels that also includes access to the extended Meadow Trail. CONCEPTUAL PARKS AND OPEN SPACE PLAN 107 BUFFALO RUN ANNEXATION Bozeman, MT PAGE 19 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. The Buffalo Run infrastructure improvements will also include installing a sanitary sewer mainline in Fowler Lane that will extend north to Stucky Road. 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. 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 and complimentary with the proposed R-4 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 higher density residential. Buffalo Run’s proximity to the University and existing nearby business campus located to the northeast provides an opportunity for 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-4. This zoning classification will allow for the multi-household residential that will include a minimum net 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. 108 BUFFALO RUN ANNEXATION Bozeman, MT PAGE 20 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. 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-4 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 designates the subject property as Urban Neighborhood. Under the growth policy’s description of the Urban Neighborhood land use category it states “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.” 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-4 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. 109 BUFFALO RUN ANNEXATION Bozeman, MT PAGE 21 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 to Fowler Lane. The proposed network will expand to the City arterial and collector system. Incorporating a gridded configuration of streets provide alternative routes and dispersed traffic. 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. The Buffalo Run infrastructure improvements will also include installing a sanitary sewer mainline in Fowler Lane that will extend north to Stucky Road. 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. A framework has been configured to encourage walk-ability and convenient access to open space and amenities. Buildings are proposed to be located and oriented to provide an architectural edge along streets and open space. Architecture is to be designed that will include open floor plans and facades that will reinforce cross-ventilation. Doors and windows are to be incorporated to reinforce light and air circulation. 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 Stucky Road via Fowler Lane. These streets are interconnected with the grid arterial and collector network that has been established. 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. 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. As illustrated on the urban framework plan, Kurk Drive is proposed to extend to Fowler Lane. Fowler Lane is designed to extend to Stucky Road. 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. 110 BUFFALO RUN ANNEXATION Bozeman, MT PAGE 22 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 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-4 amendment will enable higher residential densities in an area that located within proximity of the Montana State University and the business 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, R-4 and R-5 will be located along the Fowler Lane corridor. H. Character of the district. The proposed amendment to R-4 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-4 district allows for greater residential densities. All non-residential uses in the R-4 district are to be secondary to residences. As a result, the allowed uses in the R-4 district are suitable for this site as the area would remain primarily residential. J. Conserving the value of buildings. The R-4 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-4 designation will provide for alternative residential architectural types and styles. While the north, south and west parcels are predominantly undeveloped the R-4 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 acreage 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. 111 BUFFALO RUN ANNEXATION Bozeman, MT PAGE 23 K. Encourage the most appropriate use of land throughout the jurisdictional area. The proposed R-4 zone map amendment will encourage the most appropriate use of land as the growth policy designates the property as “Residential,” which the proposed R-4 designation will implement. The City is in need of additional housing to accommodate current and projected demand including housing required for the Bozeman area. 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. Spot Zoning Criteria The R-4 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-4 zoning designation would not result in primary uses of the site which are significantly different from prevailing land uses in proximity. While R-4 does allow for limited office 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-4 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-4 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-4 is compatible with the zoning district’s plan. No substantial negative impacts to surrounding landowners have been identified due to this proposed zoning. 112 PAGE 65 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 NOTCONTIGUOUS. 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 listADJOINER 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 Matt Ekstrom Buffalo Run -N ½SW ¼SW ¼of Section 23,Township 2 South,Range 5 East, 10/31/20 113 PAGE 68 BUFFALO RUN MAJOR SUBDIVISION ADJACENT PROPERTY OWNERS – CONTIGUOUS TO PROJECT SITE LEGAL DESCRIPTION OF PROPERTY PROPERTY OWNER’S NAME MAILING ADDRESS OF PROPERTY OWNER FROM COUNTY TAX RECORDS 1 S23, T02 S, R05 E, N2S2SW4SW4, ACRES 10.00 URSULA NEESE 5532 FOWLER LN BOZEMAN, MT 59718-7853 2 S22, T02 S, R05 E, S2SE4 79ACS LESS TR IN SE CORNER DAYLE H KOUNTZ MARITAL TRUST 50% 5550 BLACKWOOD RD BOZEMAN, MT 59718-7665 3 S22, T02 S, R05 E, N2SE4, ACRES 80.00 DAYLE H KOUNTZ MARITAL TRUST 50% 5550 BLACKWOOD RD BOZEMAN, MT 59718-7665 4 S23, T02 S, R05 E, C.O.S. 2074, TRACT 1, ACRES 40.735 DIANE L BRAWNER REV. TR. DTD 7/23/14 106 VILLAGE DOWNTOWN BLVD BOZEMAN, MT 59715-3815 5 S23, T02 S, R05 E, C.O.S. 1861, TRACT A NE4SW4, ACRES 40.773 DIANE L BRAWNER REV. TR. DTD 7/23/14 106 VILLAGE DOWNTOWN BLVD BOZEMAN, MT 59715-3815 6 MEADOW CREEK SUB PH 1, S23, T02 S, R05 E, PH 1 SW4NE4, SE4SW4 & W2SE4, PARKS & POND PLAT J-4 53 MEADOW CREEK PARTNERS LLC 1627 W MAIN ST BOZEMAN, MT 59715-4011 114 PAGE 69 1 2 3 4 5 6 115 PAGE 26 116 PAGE 24 117 PAGE 28 118 PAGE 29 119 PAGE 31 120 PAGE 27 121 PAGE 30 122 PAGE 25 123 PAGE 44 OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE OF DOCUMENT FILED I, , as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, the attached document is a true and complete copy of the with Document # of (Entity ID # ) consisting of pages. This certificate reflects facts established or disclosed by documents delivered to this office on paper through that have been posted, and by documents delivered to this office electronically through @ . I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, and issued this official certificate at Denver, Colorado on @ in accordance with applicable law. This certificate is assigned Confirmation Number *********************************************End of Certificate******************************************* Notice: A certificate issued electronically from the Colorado Secretary of State’s Web site is fully and immediately valid and effective. However, as an option, the issuance and validity of a certificate obtained electronically may be established by visiting the Validate a Certificate page of the Secretary of State’s Web site, http://www.sos.state.co.us/biz/CertificateSearchCriteria.do entering the certificate’s confirmation number displayed on the certificate, and following the instructions displayed. Confirming the issuance of a certificate is merely optional and is not necessary to the valid and effective issuance of a certificate. For more information, visit our Web site, http://www.sos.state.co.us/ click “Businesses, trademarks, trade names” and select “Frequently Asked Questions.” . Jena Griswold Buffalo Run Bozeman LLC Colorado Limited Liability Company 20201205066 3 10/30/2020 11/02/2020 09:52:41 11/02/2020 09:52:4112700159 Articles of Organization 20201205066 124 PAGE 45 ARTORG_LLC Page 1 of 3 Rev. 12/01/2012 Document must be filed electronically. Paper documents are not accepted. Fees & forms are subject to change. For more information or to print copies of filed documents, visit www.sos.state.co.us. ABOVE SPACE FOR OFFICE USE ONLY Articles of Organization filed pursuant to § 7-90-301 and § 7-80-204 of the Colorado Revised Statutes (C.R.S.) 1. The domestic entity name of the limited liability company is ______________________________________________________. (The name of a limited liability company must contain the term or abbreviation “limited liability company”, “ltd. liability company”, “limited liability co.”, “ltd. liability co.”, “limited”, “l.l.c.”, “llc”, or “ltd.”. See §7-90-601, C.R.S.) (Caution: The use of certain terms or abbreviations are restricted by law. Read instructions for more information.) 2. The principal office address of the limited liability company’s initial principal office is Street address ______________________________________________________ (Street number and name) ______________________________________________________ __________________________ ____ ____________________ (City) (State) (ZIP/Postal Code) _______________________ ______________ (Province – if applicable) (Country) Mailing address ______________________________________________________ (leave blank if same as street address) (Street number and name or Post Office Box information) ______________________________________________________ __________________________ ____ ____________________ (City) (State) (ZIP/Postal Code) _______________________ ______________. (Province – if applicable) (Country) 3. The registered agent name and registered agent address of the limited liability company’s initial registered agent are Name (if an individual) ____________________ ______________ ______________ _____ (Last) (First) (Middle) (Suffix) or (if an entity) ______________________________________________________ (Caution: Do not provide both an individual and an entity name.) Street address ______________________________________________________ (Street number and name) ______________________________________________________ __________________________ CO ____________________ (City) (State) (ZIP Code) Mailing address ______________________________________________________ (leave blank if same as street address) (Street number and name or Post Office Box information) ______________________________________________________ Buffalo Run Bozeman LLC 2826 E. 5th Avenue Denver CO 80206 United States Welborn Sullivan Meck Tooley P.C. c/o Mike Fredregill 1125 17th Street Suite 2200 Denver 80202 Colorado Secretary of State Date and Time: 03/01/2020 10:53 AM ID Number: 20201205066 Document number: 20201205066Amount Paid: $50.00 125 PAGE 46 ARTORG_LLC Page 2 of 3 Rev. 12/01/2012 __________________________ CO ____________________. (City) (State) (ZIP Code) (The following statement is adopted by marking the box.) The person appointed as registered agent has consented to being so appointed. 4. The true name and mailing address of the person forming the limited liability company are Name (if an individual) ____________________ ______________ ______________ _____ (Last) (First) (Middle) (Suffix) or (if an entity) ______________________________________________________ (Caution: Do not provide both an individual and an entity name.) Mailing address ______________________________________________________ (Street number and name or Post Office Box information) ______________________________________________________ __________________________ ____ ____________________ (City) (State) (ZIP/Postal Code) _______________________ ______________. (Province – if applicable) (Country) (If the following statement applies, adopt the statement by marking the box and include an attachment.) The limited liability company has one or more additional persons forming the limited liability company and the name and mailing address of each such person are stated in an attachment. 5. The management of the limited liability company is vested in (Mark the applicable box.) one or more managers. or the members. 6. (The following statement is adopted by marking the box.) There is at least one member of the limited liability company. 7. (If the following statement applies, adopt the statement by marking the box and include an attachment.) This document contains additional information as provided by law. 8. (Caution: Leave blank if the document does not have a delayed effective date. Stating a delayed effective date has significant legal consequences. Read instructions before entering a date.) (If the following statement applies, adopt the statement by entering a date and, if applicable, time using the required format.) The delayed effective date and, if applicable, time of this document is/are __________________________. (mm/dd/yyyy hour:minute am/pm) Notice: Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed, or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part, the constituent documents, and the organic statutes. zerosixthree LLC 2826 E. 5th Avenue Denver CO 80206 United States 126 PAGE 47 ARTORG_LLC Page 3 of 3 Rev. 12/01/2012 This perjury notice applies to each individual who causes this document to be delivered to the Secretary of State, whether or not such individual is named in the document as one who has caused it to be delivered. 9. The true name and mailing address of the individual causing the document to be delivered for filing are ____________________ ______________ ______________ _____ (Last) (First) (Middle) (Suffix) ______________________________________________________ (Street number and name or Post Office Box information) ______________________________________________________ __________________________ ____ ____________________ (City) (State) (ZIP/Postal Code) _______________________ ______________. (Province – if applicable) (Country) (If the following statement applies, adopt the statement by marking the box and include an attachment.) This document contains the true name and mailing address of one or more additional individuals causing the document to be delivered for filing. Disclaimer: This form/cover sheet, and any related instructions, are not intended to provide legal, business or tax advice, and are furnished without representation or warranty. While this form/cover sheet is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law, as the same may be amended from time to time, remains the responsibility of the user of this form/cover sheet. Questions should be addressed to the user’s legal, business or tax advisor(s). Fredregill Mike 1125 17th Street Suite 2200 Denver CO 80202 United States 127 PAGE 48 128 PAGE 49PAGE 37 129 PAGE 50PAGE 38 130 PAGE 51PAGE 39 131 PAGE 52PAGE 40 132 PAGE 53PAGE 41 133 PAGE 54PAGE 42 134 PAGE 55PAGE 43 135 PAGE 56PAGE 44 136 PAGE 57PAGE 45 137 PAGE 58PAGE 46 138 PAGE 59PAGE 47 139 PAGE 60PAGE 48 140 PAGE 61PAGE 49 141 PAGE 62PAGE 50 142 PAGE 63 143 PAGE 64 144 PAGE 32 PPoolliiccyy NNoo..:: 77117700--11--11SS--0022331100--22002200..7722115566--221199221177665555 72156 Miscellaneous Guarantee Face Page 00_156Page 1 of 1 CHICAGO TITLE INSURANCE COMPANY GUARANTEE CHICAGO TITLE INSURANCE COMPANY, a Florida Corporation, herein called the Company, guarantees the Assured against actual loss not exceeding the liability amount stated in Schedule A which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. 1.No guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. 2.The Company’s liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company’s liability exceed the liability amount set forth in Schedule A. PLEASE NOTE CAREFULLY THE LIABILITY EXCLUSIONS AND LIMITATIONS AND THE SPECIFIC ASSURANCES AFFORDED BY THIS GUARANTEE. IF YOU WISH ADDITIONAL LIABILITY, OR ASSURANCES OTHER THAN AS CONTAINED HEREIN, PLEASE CONTACT THE COMPANY FOR FURTHER INFORMATION AS TO THE AVAILABILITY AND COST. CHICAGO TITLE INSURANCE COMPANY By: President Attest: Countersigned: By: Authorized Officer or AgentGerald R. WineAmerican Land Title Company of Montana1800 W Koch StBozeman, MT 59715Tel:406-587-5563Fax:406-587-8038 Secretary Note: This endorsement shall not be valid or binding until countersigned by an authorized signatory. 145 PAGE 33 SCHEDULE A Policy Number:72156-219217655 Platting Certificate 1S-02310 Order No.:1S-02310 Liability: $200.00 Fee: $160.00 Dated:October 29, 2020 at 12:00 AM. Assured:The County of Gallatin and in the City of Bozeman in Montana. The assurances referred to on the face page hereof are: That, according to the public records which, under the recording laws, impart constructive notice of matters relative to thefollowing described real property: N1/2SW1/4SW1/4 of Section 23, Township 2 South, Range 5 East, P.M.M., Gallatin County, Montana. Deed Reference:Film 146, Page 3339, records of Gallatin County, Montana. Title to said real property is vested in:Buffalo Run Bozeman, LLC, a Colorado limited liability company Subject to the matters shown below under Exceptions, which Exceptions are not necessarily shown in the order of theirproperty. Exceptions: 1.Unpatented mining claims; reservations or exceptions in the United States Patents or in Acts authorizing theissuance thereof; water rights, claims or title to water. 2.Any right, title, or interest in minerals in or under said land including, but not limited to, metals, oil, gas, coal, otherhydrocarbons, sand gravel or other common variety materials, stone, mineral rights, mining rights, easementrights, water rights, claims or title to water or other matters relating thereto, whether expressed or implied andwhether or not shown by the public records. 3.Taxes for the year 2020 and subsequent years. Taxes for the year 2019 are paid. Taxes for the year 2020 are alien not yet due or payable. (Taxes for the year 2019 - first half - $3,313.28, second half - $3,313.28. Parcel No.RGG33381.) [Gallatin County tax information attached] 4.County road rights-of-way the existence of which is dependent in whole or in part upon writings which have notbeen recorded and indexed as conveyances in the Office of the Clerk and Recorder pursuant to Title 70, Chapter21 MCA. 5.Pipeline Right of Way Easement to The Montana Power Company recorded July 6, 1990 in Film 111, page 3178,records of Gallatin County, Montana, including the terms and provisions therein. 6.Findings of Fact Conclusions of Law and Order recorded September 30, 2014, as Document No. 2493279,records of Gallatin County, Montana, including the terms and provisions therein. 146 PAGE 34 SCHEDULE A Policy Number:72156-219217655 Platting Certificate 1S-02310 7.Deed of Trust from Yellowstone Investment Group, Professional LLC,a Montana limited liability company to Ann E.Davey, Attorney at Law, as Trustee, and Yellowstone Bank, as Beneficiary, in the amount of $884,706.50, datedNovember 7, 2019 and recorded November 7, 2019, as Document No. 2663928. 8.No search has been made for unpatented mining claims; reservations or exceptions in the United States Patentsor in acts authorizing the issuance thereof; water rights; claims or title to water. Any liability thereon is excludedfrom coverage of this certificate. END OF SCHEDULE A 147 PAGE 35 Platting Certificate 1S-02310 Guarantee Conditions and Stipulations (12/15/95) SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1.Except to the extent that specific assurances are provided in Schedule A of this Guarantee, the Companyassumes no liability for loss or damage by reason of the following: a.Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown bythe public records. b.(1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2)Proceedings by a public agency which may result in taxes or assessments, or notices of suchproceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxingauthority or by the public records. c.(1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuancethereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3)are shown by the public records. 2.Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Companyassumes no liability for loss or damage by reason of the following: a.Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyondthe lines of the land expressly described in the description set forth in Schedule (A), (C) or in Part 2 of thisGuarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or theright to maintain therein vaults, tunnels, ramps or any structure or improvements; or any rights oreasements therein, unless such property, rights or easements are expressly and specifically set forth insaid description. b.Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the publicrecords; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) whichresult in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of anyjudicial or non-judicial proceeding which is within the scope and purpose of the assurances provided.c.The identity of any party shown or referred to in Schedule A. d.The validity, legal effect or priority of any matter shown or referred to in this Guarantee. (Continued) 148 PAGE 36 Platting Certificate 1S-02310 GUARANTEE CONDITIONS AND STIPULATIONS 1.Definition of Terms. The following terms when used in the Guarantee mean: a.the “Assured”: the party or parties named as the Assured in this Guarantee, or on a supplemental writingexecuted by the Company. b.“land”: the land described or referred to in Schedule (A)(C) or in Part 2, and improvements affixed theretowhich by law constitute real property. The term “land” does not include any property beyond the lines ofthe area described or referred to in Schedule (A)(C) or in Part 2, nor any right, title, interest, estate oreasement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. c.“mortgage”: mortgage, deed of trust, trust deed, or other security instrument. d.“public records”: records established under state statutes at Date of Guarantee for the purpose ofimparting constructive notice of matters relating to real property to purchasers for value and withoutknowledge. e.“date”: the effective date. 2.Notice of Claim to be Given by Assured Claimant. An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder ofany claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which mightcause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall notbe given to the Company, then all liability of the Company shall terminate with regard to the matter or matters forwhich prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudicethe rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and thenonly to the extent of the prejudice. 3.No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party,notwithstanding the nature of any allegation in such action or proceeding. 4.Company’s Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: a.The Company shall have the right, at its sole option and cost, to institute and prosecute any action orproceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may benecessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lienrights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take anyappropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shallnot thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise itsrights under this paragraph, it shall do so diligently. b.If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the rightto select counsel of its choice (subject to the right of such Assured to object for reasonable cause) torepresent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will theCompany pay any fees, costs or expenses incurred by an Assured in the defense of those causes ofaction which allege matters not covered by this Guarantee. (Continued) 149 PAGE 37 Platting Certificate 1S-02310 GUARANTEE CONDITIONS AND STIPULATIONS (Continued) c.Whenever the Company shall have brought an action or interposed a defense as permitted by theprovisions of this Guarantee, the Company may pursue any litigation to final determination by a court ofcompetent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adversejudgment or order. d.In all cases where this Guarantee permits the Company to prosecute or provide for the defense of anyaction or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for thedefense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option,the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at theCompany’s expense, shall give the Company all reasonable aid in any action or proceeding, securingevidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of theCompany may be necessary or desirable to establish the title to the estate or interest as stated herein, orto establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured tofurnish the required cooperation, the Company’s obligations to the Assured under the Guarantee shallterminate. 5.Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have beenprovided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to theCompany within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. Theproof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss ordamage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If theCompany is prejudiced by the failure of the Assured to provide the required proof of loss or damage, theCompany’s obligation to such assured under the Guarantee shall terminate. In addition, the Assured mayreasonably be required to submit to examination under oath by any authorized representative of the Company andshall produce for examination, inspection and copying, at such reasonable times and places as may be designatedby any authorized representative of the Company, all records, books, ledgers, checks, correspondence andmemoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss ordamage. Further, if requested by any authorized representative of the Company, the Assured shall grant itspermission, in writing, for any authorized representative of the Company to examine, inspect and copy all records,books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, whichreasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to theCompany pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of theCompany, it is necessary in the administration of the claim. Failure of the Assured to submit for examination underoath, produce other reasonably requested information or grant permission to secure reasonably necessaryinformation from third parties as required in the above paragraph, unless prohibited by law or governmentalregulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim.(Continued) 150 PAGE 38 Platting Certificate 1S-02310 GUARANTEE CONDITIONS AND STIPULATIONS (Continued) 6.Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: a.To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness.The Company shall have the option to pay or settle or compromise for or in the name of the Assured anyclaim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the fullamount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or alienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage orsaid lien for the amount owing thereon, together with any costs, reasonable attorneys’ fees and expensesincurred by the Assured claimant which were authorized by the Company up to the time of purchase.Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate allliability of the Company hereunder. In the event after notice of claim has been given to the Company bythe Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shalltransfer and assign said indebtedness, together with any collateral security, to the Company uponpayment of the purchase price.Upon the exercise by the Company of the option provided for in Paragraph (a) the Company’s obligation tothe Assured under this Guarantee for the claimed loss or damage, other than to make the paymentrequired in that paragraph, shall terminate, including any obligation to continue the defense or prosecutionof any litigation for which the Company has exercised its options under Paragraph 4, and the Guaranteeshall be surrendered to the Company for cancellation. b.To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant.To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assuredagainst under this Guarantee, together with any costs, attorneys’ fees and expenses incurred by theAssured claimant which were authorized by the Company up to the time of payment and which theCompany is obligated to pay.Upon the exercise by the Company of the option provided for in Paragraph (b) the Company’s obligation tothe Assured under this Guarantee for the claimed loss or damage, other than to make the paymentrequired in that paragraph, shall terminate, including any obligation to continue the defense or prosecutionof any litigation for which the Company has exercised its options under Paragraph 4. 7.Determination and Extent of Liability. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by theAssured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in thisGuarantee and only to the extent herein described, and subject to the Exclusions From Coverage of ThisGuarantee.The liability of the Company under this Guarantee to the Assured shall not exceed the least of: a.the amount of liability stated in Schedule A or in Part 2; b.the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, aslimited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 ofthese Conditions and Stipulations, at the time the loss or damage assured against by this Guaranteeoccurs, together with interest thereon; or c.the difference between the value of the estate or interest covered hereby as stated herein and the value ofthe estate or interest subject to any defect, lien or encumbrance assured against by this Guarantee. (Continued) 151 PAGE 39 Platting Certificate 1S-02310 GUARANTEE CONDITIONS AND STIPULATIONS (Continued) 8.Limitation of Liability. a.If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures anyother matter assured against by this Guarantee in a reasonably diligent manner by any method, includinglitigation and the completion of any appeals therefrom, it shall have fully performed its obligations withrespect to that matter and shall not be liable for any loss or damage caused thereby. b.In the event of any litigation by the Company or with the Company’s consent, the Company shall have noliability for loss or damage until there has been a final determination by a court of competent jurisdiction,and disposition of all appeals therefrom, adverse to the title, as stated herein. c.The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by theAssured in settling any claim or suit without the prior written consent of the Company. 9.Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys’ fees and expenses pursuant toParagraph 4 shall reduce the amount of liability pro tanto. 10.Payment of Loss. a.No payment shall be made without producing this Guarantee for endorsement of the payment unless theGuarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to thesatisfaction of the Company. b.When liability and the extent of loss or damage has been definitely fixed in accordance with theseConditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11.Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shallvest in the Company unaffected by any act of the Assured claimant.The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have hadagainst any person or property in respect to the claim had this Guarantee not been issued. If requested by theCompany, the Assured shall transfer to the Company all rights and remedies against any person or propertynecessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromiseor settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involvingthese rights or remedies.If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogatedto all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs ofcollection. (Continued) 152 PAGE 40 Platting Certificate 1S-02310 GUARANTEE CONDITIONS AND STIPULATIONS (Continued)12.Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to theTitle Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but arenot limited to, any controversy or claim between the Company and the Assured arising out of or relating to thisGuarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision orother obligation. All arbitrable matters when the Amount of Liability is $1,000,000 or less shall be arbitrated at theoption of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of$1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect atDate of Guarantee shall be binding upon the parties. The award may include attorneys’ fees only if the laws of thestate in which the land is located permits a court to award attorneys’ fees to a prevailing party. Judgment upon theaward rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof.The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules.A copy of the Rules may be obtained from the Company upon request. 13.Liability Limited to This Guarantee; Guarantee Entire Contract. a.This Guarantee together with all endorsements, if any, attached hereto by the Company is the entireGuarantee and contract between the Assured and the Company. In interpreting any provision of thisGuarantee, this Guarantee shall be construed as a whole. b.Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim,shall be restricted to this Guarantee. c.No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon orattached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, orvalidating officer or authorized signatory of the Company. 14.Notices, Where Sent. All notices required to be given to the Company and any statement in writing required to be furnished to theCompany shall include the number of this Guarantee and shall be addressed to CHICAGO TITLE INSURANCECOMPANY, Attn: Claims Department, P.O. Box 45023, Jacksonville, FL 32232-5023. 153 PAGE 41 154 PAGE 42 155 PAGE 43 156