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HomeMy WebLinkAbout07-12-21 Zoninng Commission Agenda & Packet MaterialsA.Call meeting to order B.Disclosures C.Approval of Minutes C.1 Approval of Minutes from 06-28-21(Scott) 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, July 12, 2021 WebEx Meeting Information Via Webex: https://cityofbozeman.webex.com/cityofbozeman/onstage/g.php? MTID=ef8b251df55ba77b1a2ee0d5207d678d4 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: 182 494 4117 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 4:00pm on Monday, July 12th, 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 Stockyard Properties Zone Map Amendment, Application 21102(Saunders) E.2 University Crossing Apartments Annexation and Zone Map Amendment, Application 21152(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 FROM:Taylor Chambers - Community Development Technician II SUBJECT:Approval of Minutes from 06-28-21 MEETING DATE:July 12, 2021 AGENDA ITEM TYPE:Minutes RECOMMENDATION:I move to approve the meeting minutes from June 28th, 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: 06-28-21 Zoning Commission Meeting Minutes DRAFT.pdf Report compiled on: July 2, 2021 3 Bozeman City Commission Meeting Minutes, 06-28-21 Page 1 of 6 THE ZONING COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, June 28th, 2021 00:00:36 WebEx Meeting Information Present: Nicole Olmstead, Mark Genito, George Thompson, Kirsa Shelkey, Christopher Scott Absent: None A) Call meeting to order B) 00:02:24 Disclosures Chairman Scott recused himself from action item F.2 Board member Olmstead disclosed that she lives in the Legends Subdivision in Phase I and that her HOA is separate from that of the one that is in the action item. Board member Shelkey disclosed that she used to rent from Matt and Morgan, but no longer does. C) 00:04:20 Approval of Minutes C.1 Minutes Approval for 05-24-21 05-24-21 Zoning Commission Minutes DRAFT.docx 00:04:32 Motion C) Approval of Minutes Nicole Olmstead: Motion Mark Genito: 2nd 00:04:50 Vote on the Motion to approve C) Approval of Minutes. The Motion carried 5 - 0 Approve: Nicole Olmstead Mark Genito George Thompson 4 Bozeman City Commission Meeting Minutes, 06-28-21 Page 2 of 6 Kirsa Shelkey Christopher Scott Disapprove: None D) 00:05:28 Public Comment Sarah Cotterman mentioned that she believed that Board Member Olmstead had a conflict of interest with action item F.1 Staff liaison Rogers commented that Board Member Olmstead had performed work as a compliance officer in the county and that there is a possibility that could be the reason for the commenter to believe there is a conflict of interest, but it is up to the discretion of the board. Board Member Olmstead commented that the piece of property was not part of her work as a code compliance officer. Sarah Cotterman reiterated that she felt that there was a conflict of interest. Chairman Scott commented that it is up to Board Member Olmstead whether she would like to recuse herself or not. Board Member Olmstead reiterated that she lives in a completely different phase and feels that she can be impartial in her decision making during the action item, however to air on the side of caution, she would recuse herself. E) Special Presentation F) Action Items F.1 00:15:13 Mathew and Morgan Hausauer submitted application to amend the City Zoning Map on approximately 2.002 acres for the establishment of a zoning designation of R-2 in conjunction with an annexation request for a property addressed at 1919 Bridger Drive, Application 21123. ZMA Map_04-22-2021.pdf RC Narrative_04-22-2021.pdf A1_DevelopmentReviewApplication_03-10-2021.pdf N1_Adjoiners List_03-10-21.pdf Annexation Map_03-10-2021.pdf 21123 1919 Bridger Drive ZMA ZC SR.docx 00:15:54 Staff Presentation City Planner Tom Rogers presented to the board the Zone Map amendment for 1919 Bridger Drive and recommended that the application meets the criteria of evaluation for zoning. 00:29:52 Board Questions 5 Bozeman City Commission Meeting Minutes, 06-28-21 Page 3 of 6 Board members directed questions to Planner Rogers. 00:42:42 Applicant Presentation Applicant Matt Hausauer provided additional comments and clarifications to the board. 00:45:00 Board Questions Board members directed questions to the applicant. 00:49:54 Public Comment Opportunity Sarah Cotterman (1901 Bridger Dr.) commented in favor of the annexation Paul Dinkins (2122 Boylan Rd) commented in favor of the annexation. 00:55:43 Applicant Response Applicant Hausauer responded to public comments. 00:56:54 Board Discussion 01:04:55 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 21123 and move to recommend approval of the 1919 Bridger Drive Zone Map Amendment, with contingencies required to complete the application processing. Mark Genito: Motion George Thompson: 2nd Board member Genito spoke to his motion. Board member Thompson spoke to his second. Board member Shelkey spoke in favor of the application. Chairman Scott adopted the findings in the staff report and spoke in favor of the application. 01:10:23 Vote on the Motion to approve 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 21123 and move to recommend approval of the 1919 Bridger Drive Zone Map Amendment, with contingencies required to complete the application processing.The Motion carried 4 -0 Approve: Mark Genito George Thompson Kirsa Shelkey 6 Bozeman City Commission Meeting Minutes, 06-28-21 Page 4 of 6 Christopher Scott Disapprove: None F.2 01:10:54 Sunrise Home, LLC submitted application to amend the City Zoning Map on approximately 40 acres for the establishment of a zoning designation of multiple zones including R-1, R-2, R-3, and PLI conjunction with an annexation request for a property addressed at 3849 Staffanson Road, Application 20365. 1_A1_Development_Review_Application_100920.pdf 7_Zoning_Narrative_100520.pdf 5_Certified_List_of_Adjoiners_100920.pdf ZMA 050721.pdf Schematic Design.pdf Exhibit B_Sewer_Extensions_102720.pdf Exhibit C_Roadway_Extensions_102720.pdf Exhibit A_Water_Extensions_102720.pdf Annexation Map 050721.pdf 20365 Lazarewicz ZMA ZC SR.docx 01:11:47 Staff Presentation City Planner Tom Rogers presented the Lazarewicz Zone Map Amendment to the board and recommended that the application meets criteria of evaluation except for the effect on transportation, which staff did not support. 01:27:54 Board Questions Board members directed questions to staff. 01:54:42 Applicant Presentation Mike Stewart provided a presentation on behalf of the applicant. 02:15:04 Board Questions Board members directed questions to the applicant. 02:40:08 Public Comment Opportunity Julie Geyer (5803 Staffinson Rd) commented in opposition of the zone map amendment. Megan and Bryan Walthall (320 Armor Way) commented in opposition of the application. Jen and Scott Baumgardner (115 Briggs Rd) commented in opposition of the application. Jim Robbins (4891 Loyal Dr) commented in opposition of the application. 7 Bozeman City Commission Meeting Minutes, 06-28-21 Page 5 of 6 Dan Zito (5649 Staffinson) spoke in opposition of the application. Kaylee Zito (5649 Satffinson) commented in opposition of the application. Clint Nagel (1385 Golden Gate Ave) commented in opposition of the application. 03:11:04 Applicant Response Applicant Mike Stewart responded to the public comments. 03:14:50 Board Discussion Board members deliberated on the proposed zone map amendment. 03:30:56 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 20365 and move to recommend approval of the Lazarewicz Zone Map Amendment, with contingencies required to complete the application processing. George Thompson: Motion Mark Genito: 2nd Board member Thompson spoke to his motion. Board member Genito spoke to his second and commented that he will not be in favor of the motion. Board member Shelkey commented that she will not be voting in favor of the motion. Acting Chairwoman Olmstead commented that she will not be voting in favor of the motion. 03:41:01 Vote on the Motion to approve 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 20365 and move to recommend approval of the Lazarewicz Zone Map Amendment, with contingencies required to complete the application processing. The Motion failed 1 - 3 Approve: George Thompson Disapprove: Nicole Olmstead Mark Genito Kirsa Shelkey G) 03:41:27 FYI/Discussion H) 03:46:17 Adjournment 8 Bozeman City Commission Meeting Minutes, 06-28-21 Page 6 of 6 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 Martin Matsen, Community Development Director SUBJECT:Stockyard Properties Zone Map Amendment, Application 21102 MEETING DATE:July 12, 2021 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:Zoning Commission Recommended Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 21102 and move to recommend approval of the Stockyard Properties Zone Map Amendment, with contingencies required to complete the application processing. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:See attached staff report UNRESOLVED ISSUES:None ALTERNATIVES:After making alternate findings to the review criteria recommend denial of the amendment. FISCAL EFFECTS:None Attachments: 21152 Application Materials.pdf Report compiled on: July 6, 2021 10 Stockyard Properties Zone Map Amendment 930, 1005, 1011, 1017, 1018, &1019 East Griffin Drive S06, T02 S, R06 E, C.O.S. 1147A, PARCEL 4, ACRES 10.1, LESS COS 1147B STORY MILL NBHD ANNEX TO BZN Zone Map Amendment to rezone to B-2M & REMU R-4 & B-1 15.33 Acres Landscaped & Mixed TBD TBD TBD TBD TBD TBD TBD TBD X X 11 12 X 13 14 15 Property Owners Name Legal Description of Property Mailling Address from County Tax Records Contigious or Not 1 WAKE UP INC S06, T02 S, R06 E, C.O.S. 1147A, PARCEL 4, ACRES 10.1, LESS COS 1147B STORY MILL NBHD ANNEX TO BZN PO BOX 23 HARRISON, MT 597350023 Contigious 2 WAKE UP INC S06, T02 S, R06 E, C.O.S. 1147A, PARCEL 4, ACRES 10.1, LESS COS 1147B STORY MILL NBHD ANNEX TO BZN PO BOX 23 HARRISON, MT 597350024 Contigious 3 CITY OF BOZEMAN S05, T02 S, R06 E, C.O.S. 2865, PARCEL 2, ACRES 1.71 121 N ROUSE AVE BOZEMAN, MT 597153740 Contigious 4 CITY OF BOZEMAN S31, T01 S, R06 E, C.O.S. 2865, PARCEL 5, ACRES 10.3 122 N ROUSE AVE BOZEMAN, MT 597153740 Contigious 5 2511N LLC & UND 84% INT & 2332 LLC UND 16% INT S05, T02 S, R06 E, C.O.S. 1877B, PARCEL C2-A, ACRES 5.615 PO BOX 13 BOZEMAN, MT 597710013 Contigious 6 SCHLEGEL MICHAEL J S05, T02 S, R06 E, C.O.S. 1877B, PARCEL 1T-1, ACRES 7.5099 2210 LEA AVE BOZEMAN, MT 597152264 Not Contigious 7 MONTANA RAIL LINK PROPERTY MANAGEMENT MRL CITY OF BOZEMAN S06, T02 S, R06 E, RAILROAD RW BIKE PATH BEING POR OF STORY MILL SPUR BETWEEN MILEPOST 0+16 & MILEPOST 0+3678 BEING 19,200 SQ FT LEASE 500,539 STORY MILL ANNEX TO BZN WASHINGTON CORP PO BOX 16630 MISSOULA, MT 598086630 Not Contigious 8 CITY OF BOZEMAN S06, T02 S, R06 E, C.O.S. 2865, PARCEL 8, ACRES 16.58 122 N ROUSE AVE BOZEMAN, MT 597153740 Not Contigious 9 BURLINGTON NORTHERN RAILROAD CO S05, T02 S, R06 E, ABANDONED C M ST P & P RR BEING STORY MILL SPUR LYING W OF THE CNTRLNE OF THE MAIN TR IN NW1/4NW1/4 .04 PROPERTY TAX DEPT PO BOX 961089 FORT WORTH, TX 761610089 Contigious 10 WAKE UP INC S06, T02 S, R06 E, C.O.S. 1147A, PARCEL 3, ACRES 0.85, STORY MILL NBHD ANNEX TO BZN PO BOX 23 HARRISON, MT 597350023 Contigious 11 CITY OF BOZEMAN S05, T02 S, R06 E, C.O.S. 2865, PARCEL 3, ACRES 5.68 122 N ROUSE AVE BOZEMAN, MT 597153740 Not Contigious 12 WAKE UP INC S31, T01 S, R06 E, C.O.S. 2547, PARCEL 23A, ACRES 2.267, NORTHEAST ANNEX PO BOX 23 HARRISON, MT 597350023 Contigious 13 CITY OF BOZEMAN S05, T02 S, R06 E, C.O.S. 2865, PARCEL 1, ACRES 1.11 122 N ROUSE AVE BOZEMAN, MT 597153740 Contigious 14 WAKE UP INC S31, T01 S, R06 E, C.O.S. 1147A, PARCEL 1, ACRES 0.51, NORTHEAST ANNEX PO BOX 23 HARRISON, MT 597350023 Contigious 15 WAKE UP INC S31, T01 S, R06 E, C.O.S. 1147A, PARCEL 2, ACRES 0.79 PO BOX 23 HARRISON, MT 597350024 Contigious 16 CHRISTIE CLIFFORD K & SALLY FRANKLIN S31, T01 S, R06 E, SE4SE4 TRACT 22 PLUS ABANDONED MENARD LINE LYING ADJ TO TR 22 NORTHEAST ANNEXATION 1015 E GRIFFIN DR BOZEMAN, MT 597152259 Contigious 17 WAKE UP INC S31, T01 S, R06 E, C.O.S. 2547, PARCEL K, ACRES 0.736, NORTHEAST ANNEX PO BOX 23 HARRISON, MT 597350024 Contigious 18 HUMAN RESOURCES DEVEL COUNCIL DIST IX IN S31, T01 S, R06 E, C.O.S. 2547, PARCEL 26, ACRES 8.025, NORTHEAST ANNEX 32 S TRACY AVE BOZEMAN, MT 597154659 Contigious 19 CITY OF BOZEMAN S31, T01 S, R06 E, C.O.S. 2865, PARCEL 4, ACRES 9.92 122 N ROUSE AVE BOZEMAN, MT 597153740 Contigious 20 CITY OF BOZEMAN S31, T01 S, R06 E, ABANDONED C M ST P & P RR MENARD LINE IN PT SE4SE4 LYING E OF & ADJ TO TRACT 24 NORTHEAST ANNEX .22 & ABANDONED C M ST P & P RR MENARD LINE IN PT SE4SE4 1.22 123 N ROUSE AVE BOZEMAN, MT 597153740 Contigious Stockyard Properties ZMA Adjacent Property Owners List 3.3.2021 16 Tyler Steinway 930, 1005, 1011, 1017, 1018 & 1019 East Griffin Drive 17 18 19 STOCKYARD PROPERTIES Zone Map Amendment April 2021 20 2 April 2021 Zone Map Amendment: Stockyard Properties Table of Contents 1. Application Forms & Checklists 2. Project Team 3. Narrative I. Project Overview II. Relevant Project History III. Response to Zone Map Amendment Approval Criteria IV. Response to Spot Zoning Criteria Appendices Appendix A.1: Vicinity Map Appendix A.2: Existing Zoning Map Appendix A.3: Proposed Zoning Map Appendix A.4: Future Land Use Map Appendix A.5: Existing Conditions Map Appendix B.1: Zone Map Amendment Map - Current Parcels Appendix B.2: Zone Map Amendment Map - Future Parcels Appendix B.3: Zone Map Amendment Editable Legal Description 21 3 April 2021 Zone Map Amendment: Stockyard Properties 1. Application Forms & Fees The required application forms for the Stockyard Properties Zone Map Amendment (ZMA) application have been included in this submittal. The calculated fee totals are outlined below. 2. Project Team APPLICANT Wake Up Inc Christine & Kevin Huyser PO Box 23 Harrison, MT 59735 P. 310.717.8807 PROJECT CONSULTANTS Planning Intrinsik Architecture, Inc. Attn: Ryan Krueger 111 N. Tracy Avenue, Bozeman, MT 59715 p. 406.582.8988 Civil Engineering Stahly Engineering & Associates, Inc. Attn: Cordell Pool 851 Bridger Drive Ste. 1 Bozeman, MT 59715 p. 406.522.8594 COMPONENT FEE QUANTITY TOTAL ZMA Base Fee $2,049.00 1 $2,049.00 Scaled Fee per Acre $58.00 15.33 $889.14 TOTAL $ 2,938.14 22 4 April 2021 Zone Map Amendment: Stockyard Properties 3. Narrative I. Project Overview The subject Site consists of 6 parcels containing 15.33 gross acres (not inclusive of Rights of Way impacted by the ZMA) (Appendix A), and is located at the SE corner of the intersection Story Mill Road and East Griffin Drive (Appendix A.1). The Site is currently zoned a mix of R-4 (Residential High Density) and B-1 (Neighborhood Business) (Appendix A.2), lies within the Story Mill Historic District. The properties are remnants of the Big Sky Development that did not materialize or result in redevelopment in this area. The proposing zoning is more aligned with current conceptualizations for development in this location. Given its location and proximity to high traffic transit corridors, Story Mill Park, and medium density residential districts, this Site is a practical location for the proposed zone change to the more cotemporary designation of Community Business District - Mixed (B-2M) and Residential Emphasis Mixed Use (REMU) as described through this application (Appendix A.3). The Future Land Use Map in the adopted Bozeman Community Plan designates this Site as a mix of Community Commercial Mixed Use (CCMU) and Residential Mixed Use (RMU) in the Future Land Use Map (FLUM) outlined (Appendix A.4), which allows for the implementation of B-2M and REMU zoning with these FLUM categories. The project site is bounded by Story Mill Park to the west and Story Mill Road (a Collector) on the west side. East Griffin Drive (Local Street) bisects the project site, and will be improved to City standards prior to or concurrent with future Site The site is developed and contains a mix of existing buildings scattered across the 23 5 April 2021 Zone Map Amendment: Stockyard Properties 15.33 total project acres. There are currently six sites contained in this submittal as shown on the site survey (Appendix B). The concurrently submitted Subdivision Exemption further defines the proposed future lots that will support the ZMA requested. This Zone Map Amendment application meets the required approval criteria as demonstrated herein. Furthermore, as is also discussed in this application, this request is decidedly in alignment with numerous City Plans and the intent and purpose of the requested zones. B-2M is to intended to function as a vibrant mixed -use district, accommodating smart growth and enhancing the character of the city. The project site’s proximity to transit, neighborhoods, and parks make it an ideal candidate for this change. A similar statement can be made about REMU, mixed - use in nature and intended to provide for variety of future uses, in the case of REMU a variety in housing. Future development of these parcels will propose a mix of uses appropriate to serve the residents of both zones, at a scale and scope expected of an important infill site such as this one. While the Stockyard Cafe will be moved from the ROW to allow for construction of Story Mill Road, most of the buildings will remain. Future submittals by this project team will explore conceptual site designs, preliminary subdivision possibilities, and a litany of additional Bozeman development standards, and we look forward to those steps. For this submittal, the enclosed applications materials meet the necessary criteria for approval. 24 6 April 2021 Zone Map Amendment: Stockyard Properties II. Relevant Project Details As there are several existing buildings, it is evident previous development has occurred at this Site. This application is not proposing to change, discontinue, or otherwise impact the existing site development assumptions. Story Mill Road was recently approved for design and construction by the City (CIP # SIF117), and this Project Team has been in contact with the City’s contracted designer to look at options to extend the proposed Story Mill improvements through this Site. Upgrades to East Griffin Drive will also be necessary, and the Project Team will use future Concept submittals to discuss the timing of those improvements. Additional coordination with the Bridger View Redevelopment project to the north of this Site will be necessary, however initial coordination has already begun and will unfold with future site development. The Project Team has submitted a Subdivision Exemption request for the entire Site area. Two Concept applications are imminent for the north and south sides of Griffin, respectively. Subdivision, Site Plans (and possible Master Site Plans), and other applications are also expected upon future development. Parkland, Affordable Housing, and other such requirements are also to be addressed at the appropriate future application review stage. III. Responses to ZMA Approval Criteria Below are responses to the ZMA approval criteria (Section 76 -2-304, MCA) that address how the project relates to and meets the criteria outlined for the approval of a zone map amendment. A. Is the new zoning designed in accordance with the growth policy? Yes, therefore this criterion has been met. The future land use for the subject property was amended with the adoption of the 2020 Bozeman Community Plan and each zone requested is allowed within the approved Future Land Use categories that exist at this Site. 25 7 April 2021 Zone Map Amendment: Stockyard Properties As is shown in the figure below, B-2M is allowed within Community Commercial Mixed Use (CCMU) category and REMU within the Residential Mixed Use category. The proposed zoning would provide for development opportunities for a wider variety of housing types, neighborhood -scale commercial uses, and land development patterns to unfold than the current zoning. REMU and B-2M offer allowances for density to provide for urban- scale mixed-use development options. Approval of this request would also reinforce the following objectives of the Community Plan: N-2.2 Revise the zoning map to support higher intensity residential districts near schools, services, and transportation. N-2.3 Investigate and encourage development of commerce concurrent with, or soon after, residential development. Actions, staff, and budgetary resources relating to neighborhood commercial development should be given a high priority. 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. DCD-1.7 Coordinate infrastructure construction, maintenance, and upgrades to support infill development, reduce costs, and minimize disruption to the public. 26 8 April 2021 Zone Map Amendment: Stockyard Properties DCD-1.9 Promote mixed-use developments with access to parks, open space, and transit options. DCD-2.2. Support higher density development along main corridors and at high visibility street corners to accommodate population growth and support businesses. DCD-2.5 Identify and zone appropriate locations for neighborhood -scale commercial development. DCD-2.7 Encourage the location of higher density housing and public transit routes in proximity to one another. M-1.1 Prioritize mixed-use land use patterns. Encourage and enable the development of housing, jobs, and services in close proximity to one another. M-1.4 Develop safe, connected, and complementary transportation networks for pedestrians, bicyclists, and users of other personal mobility devices ( e- bikes, electric scooters, powered wheelchairs, etc.). The Bozeman Community Plan 2020 includes the justifications necessary to support a change in zoning. This application addresses two of those justifications: 1) a change in correlation between zoning and growth policy, and 2) the owner requests the change and can meet required standards. This narrative demonstrates that the relevant standards for each have been met and that no conflicts with the growth policy have been identified. B. Will the new zoning secure safety from fire and other dangers? Yes, therefore this criterion has been met. The subject property is currently located within the jurisdiction of the City of Bozeman Fire and Police Departments, and the service area of American Medical Response ambulances. The site is developed with buildings, several of which will be preserved and rehabilitated with development that follows this zone change. Future site development will conform to City of Bozeman public safety, building, floodplain, and land use requirements in compliance with the UDC, as well as all applicable building codes to help secure safety from fire and 27 9 April 2021 Zone Map Amendment: Stockyard Properties other dangers. The zone change is therefore unlikely to adversely impact Site safety. C. Will the new zoning promote public health, public safety and general welfare? Yes, therefore this criterion has been met. All future development of the site will require compliance with the City’s Unified Development Code, administration of which is employed by the City to ensure the promotion of public health, safety, and general welfare. The zone change will not place an undue burden on municipal services, emergency response capability, or the general public. D. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? Yes, therefore this criterion has been met. The City’s adopted plans for municipal transportation, water, sewer, parks, and other facilities and services ensure that this site will have services necessary to serve new development. This infill project site lies within the City’s sewer, storm water and water facility plan boundaries. The proposed zoning amendment will allow for more intense and mixed -use development than is offered by the current zoning. Future submittals will be reviewed for compliance with the City ’s codes to ensure appropriate levels of transportation, water, sewer, schools, and parks are provided. Site plans, subdivision proposal, or other development applications will ensure adequate capacity for all required municipal services. As is stated in in the UDC, the designation of a zoning district does not guarantee approval of proposed development plans until the City can verify the availability of needed infrastructure and services. E. Will the new zoning provide reasonable provision of adequate light and air? Yes, therefore this criterion has been met. The City of Bozeman’s UDC 28 10 April 2021 Zone Map Amendment: Stockyard Properties includes standard’s that address setbacks, park dedication, on -site open space, and building design standards to address this requirement. Moreover, the building codes have standards for ingress and egress, ventilation, and related subjects that further support the provision of adequate light and air. Future site development will require compliance with all applicable City codes and standards necessary to ensure these primary human needs. F. Will the new zoning have an effect on motorize and non-motorized transportation systems? Yes, therefore this criterion has been met. The City’s transportation plan is used to evaluate transportation needs over the long term across the municipal area to account for the impacts of motorized vehicles as well as bikes and pedestrians. The park and trail plan also considers options for extending the trail network. Future site development will examine these impacts on the transportation network, parks and trails system, and municipal facilities. Furthermore, these future development reviews will ensure that the new zoning will comply with the City’s standards for the provision of onsite parking for bicycles and vehicles, as well as the requirements for onsite circulation. Traffic impacts will be studied by the development team to demonstrate compliance with the City’s long-range transportation plans. Future project development will ensure compliance with the acceptable traffic limits identified in the transportation plans, as well as provide for the dedication of rights of way, construction or reconstruction of streets, payment of impact fees, and other contributions as will be applicable to this project. Future development under the proposed zoning will look advance the Actions within the Climate Plan to create efficient buildings renewable energy generation, and compact development patterns supported by a variety of transit infrastructure. Future development will additionally support the Community Housing Action Plan through additional housing stock variety and availability. 29 11 April 2021 Zone Map Amendment: Stockyard Properties G. Does the new zoning promote compatible urban growth? Yes, therefore this criterion has been met. The Bozeman Community Plan establishes a preferred and compatible development pattern through the Future Land Use Map, which establishes generalized expectations for what goes where in the community. Moreover, the UDC explicitly defines compatible urban growth, which does not require uniformity in order to ensure compatibility. The City’s zoning ordinances define the uses and development standards associated for projects proposed under the auspices of each zone. Each zone includes a range of uses that appropriate. The future land use map includes two designations for the subject properties. In the northwest corner, the map designation is Residential Mixed Use. This designation correlates with several zoning districts, including REMU zoning, as proposed by the applicant. The remainder of the property is designated as Community Commercial Mixed Use, which allows for B -2M zoning as proposed by the applicant. Based on the land use map designations and correlated zoning districts in the plan and proposed by the applicant, the zone map amendment would promote compatible urban growth. Also see the discussion in (H) below. As discussed above the requested zoning is also supported by the Climate Plan and Community Housing Action Plan. H. Does the new zoning promote the character of the district? Yes, therefore this criterion has been met. This Site lies within the Story Mill Historic District, and future development conceptual proposals will detail how the Project Team intends to enhance character of the district through development. Nearby Story Mill Park has deeply influenced the character of this area, and future site development will be looking to enhance the character of this area. Art, architecture, and site design will all be applied with a focus on district character. These zones will offer future site development options to create appropriately sized residential and neighborhood scale commercial in proximity to the 30 12 April 2021 Zone Map Amendment: Stockyard Properties Bridger View Redevelopment project and Story Mill Park. The proposed REMU and B-2M zoning provide for future development options that support compatible character of development. Concept applications are being prepared to further detail how future development under the proposed zoning is appropriate. For this review the zone map amendments proposed do not allow for uses that are significantly different than those currently allowed, and therefore it is hard to foresee significant and negative impact on community character. I. Does the new zoning address the affected area’s peculiar suitability for particular uses? Yes, therefore this criterion has been met. The proposed zone change does not represent a significant change from the current B -1 and R-4 zoning, and it is consistent with adjacent zoning, current and proposed uses in the area, and the Bozeman Community Plan for future land uses. Multiple commercial and residential uses currently exist in proximity to the subject site. Additionally, B-2M and REMU zoning designations will encourage mixed -use development adjacent to established and planned multi-modal infrastructure, making this site particularly suitable for the requested zoning designations. This Site will have flexibility to promote a cohesive neighborhood pattern that will connect adjacent roadways and corridors, and extend existing public infrastructure. Moreover this zoning will not impact the UDC requirements for future development in this location along the East Gallatin River. 31 13 April 2021 Zone Map Amendment: Stockyard Properties J. Was the new zoning adopted with a view to conserving the values of buildings? Yes, therefore this criterion has been met. The Stockyard Cafe building is to be relocated, as it lies within the Story Mill Road right -of-way, however most of the remaining buildings will remain at this site, including the designated historic structures. The Auction House. As the site lies within the Story Mill Historic District, special care will be taken to ensure the historic character of the buildings and site remains intact as future development plans are prepared. 32 14 April 2021 Zone Map Amendment: Stockyard Properties K. Does the new zoning encourage the most appropriate use of land throughout the jurisdictional area? Yes, therefore this criterion has been met. The proposed zone change is consistent with the FLUM outlined in the Bozeman Community Plan as demonstrated throughout this narrative. Increased commercial and mixed use density is appropriate at this location due to the proximity to roadway and transportation systems, the Story Mill Park, and the Bridger View residential neighborhood. Therefore, the proposed B-2M and REMU zoning will further encourage development that is of the highest and best use of this infill site. As stated above, the Bozeman Community Plan is the tool utilized to illustrate the most appropriate use the project sites. In this case, urban -scale residential and mixed-use development are shown in that Plan as the most appropriate types of development for the property. The Unified Development Code further contains standards and review procedures that will to ensure the land is developed in ways that protect and promote public health, safety, and general welfare. 33 15 April 2021 Zone Map Amendment: Stockyard Properties IV. Response to Spot Zoning Criteria A. Are the requested zoning designation and potential uses significantly different from the prevailing uses in the area? No, therefore this criterion has been met. The requested B-2M zoning, and the mix uses available within this district, offers an opportunity for the future development of the site under assumptions that do not significantly differ from the uses proposed in this area. The Bridger View Redevelopment project to the north is creating a mix of housing options that can be served by the neighborhood-scale commercial development envisioned for the B -2M Site areas. Both B-2M and B-1 are appropriate for commercial nodes, and both districts encourage multi-household residential as a secondary use and support a range of commercial uses. B-2M, however, allows for more flexibility with respect to height and parking standards, and therefore encourages denser development that supports the highest, best use of the project site. REMU is not significantly different from the R-4 designation, as both are predominately residential in their nature. REMU does offer additional commercial uses that are not allowed in R -4, and hereto rezoning the B-1 area requested as REMU will provide for neighborhood scale development that is Site appropriate. REMU zoning and the potential uses are therefore not significantly different from the prevailing zones and uses in proximity. B. Does the requested zoning designation benefit a small area and only one or a few landowners, or does the requested zoning benefit the surrounding neighborhood, community and general public? This criterion has been met. A zone change for the 15.33 acres has the potential to benefit both the surrounding neighborhood and the community as a whole. This change will conceivably prove to be a beneficial asset to the surrounding area by providing flexibility to enrich future area growth and transit options, offer support services to a future mixed housing residential node, and contribute to the neighborhood fabric in the Story Mill area. It is 34 16 April 2021 Zone Map Amendment: Stockyard Properties also envisioned that generalized benefits would accrue to the City when future development occurs at a more intensive level. C. Is the requested zoning designation compatible with the zoning district’s plan or is it special legislation designed to benefit only one or a few landowners at the expense of the surrounding land owners? This criterion has been met. This ZMA does not represent special legislation designed to benefit the land owner at the expense of the adjacent property owners. Both the current and proposed zoning allow the similar uses at similar scales, and therefore it is difficult to foresee this proposed change to B-2M and REMU, respectively, will negatively impacting the surrounding land owners. Additionally, the proposed zone change is compatible with City policies (i.e. Bozeman Community Plan, Climate Plan, and Affordable Housing Action Plan) and state statute governing the approval of such requests. This is a request, simply, is to move from to a blend of residential- and commercial mixed use zones that are offer more contemporary development options from their existing counterparts. Compact infill will be the result of redevelopment, and the requested zoning thus proposes thoughtful future development opportunities that will meet the needs of the neighborhood and the community, not negatively impact surrounding land owners. 35 36 37 38 39 Bridger View PUD STORY MILL COMMUNITY PARKCOS 2865 PARCEL 3EAST GRIFFIN DRIVE STORY M IL L ROADAREA 1TRACT 23ACOS NO. 25472.27 ACRES GROSS2.18 ACRES NETAREA 3TRACT 1COS NO. 1147A0.51 ACRES GROSS0.47 ACRES NETAREA 5TRACT 3 COSNO. 1147A0.85 AC GROSS0.44 AC NETAREA 6REMAINDER TRACT 4COS NO. 1147B10.16 ACRES GROSS9.58 ACRES NETAREA 2TRACT KCOS NO. 25470.74 ACRES GROSS0.741 ACRES NETAREA 4TRACT 2 COS NO.1147A0.80 ACRES GROSS0.64 ACRES NETHILLSIDE LANE STORY MILLCOMMUNITY PARKSTORY MILLDDDSTORYMILL COMMUNITY PARKHILLSIDE LANE C 1.0EXISTINGCONDITIONSPLANPROFESSIONALENGINEERS &SURVEYORSSTOCKYARD SITE STAHLYENGINEERING& ASSOCIATESWAKE UP INC BOZEMAN MONTANANOTE: PROPOSED STORYMILL ROAD AND BRIDGERVIEW IMPROVMENTS SHOWN AS EXISTING CONDITIONS40 41 DRAFT42 Memorandum REPORT TO:Zoning Commission FROM:Chris Saunders, Community Development Manager Martin Matsen, Community Development Director SUBJECT:University Crossing Apartments Annexation and Zone Map Amendment, Application 21152 MEETING DATE:July 12, 2021 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:Zoning Commission Recommended Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 21152 and move to recommend approval of the University Crossing Apartments Zone Map Amendment, with contingencies required to complete the application processing. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:See attached staff report. UNRESOLVED ISSUES:None ALTERNATIVES:After making alternate findings for the review criteria recommend denial of the application. FISCAL EFFECTS:None Attachments: 21152 Application Materials.pdf Report compiled on: July 6, 2021 43 44 Drew Kirsch45 46 47 48 UNIVERSITY CROSSING ANNEXATION AND INITIAL ZONING APPLICATION April, 2021 #210228 ANNEXATION AND INITIAL ZONING ANNEXATION AND INITIAL ZONING SECTION ONE: GOALS 1. The City of Bozeman encourages annexations of land contiguous to the City. The property is contiguous to the City. 2. The City encourages all areas that are totally surrounded by the City to annex. The property is contiguous to the City on three of four sides. It is not totally surrounded. 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. No water services are currently stubbed in to the property. Water main extensions with domestic and fire services are proposed with the proposed site plan. It is within fire- fighting distance of a City fire hydrant and adjacent to a City sanitary sewer main. 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. The subject property lies within the existing service area of the City’s municipal water and sewer systems. 5. The City encourages annexations within the urban area identified on the future land use map in the current Bozeman Growth Policy. The subject property lies within the Community Commercial Mixed Use (CCMU) land use area on the Future Land Use Map of the Bozeman Community Plan (2020). 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 of the subject property will smooth out a jagged section of the city limits. 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. The annexation of the subject property is likely to enhance existing traffic circulation with the required dedication of the full Kagy Boulevard right-of-way at full build-out. 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 limitations, sanitary disposal needs, fire access, maintenance of public facilities, etc., justify a smaller annexation. The property is 0.235 acres that will be added to Lot 1A, Minor Subdivision 503A. The need for connection to City services and the factors outlined above make it a good candidate for annexation although it is less than the preferred 5 acre minimum. 9. The City seeks to obtain water rights adequate for future development of the property with annexation. Sec. 38.410.130.C.5 BMC allows deferral of CILWR for commercial uses until the time of site plan. Given the particular water use details of the future development aren’t known at this point, the deferral is the best path to take with the annexation. 49 UNIVERSITY CROSSING ANNEXATION AND INITIAL ZONING APPLICATION April, 2021 #210228 ANNEXATION AND INITIAL ZONING 10. The City of Bozeman encourages annexations for City provision of clean treated water and sanitary sewer. The subject property will be served by existing City water and sewer mains located in the Kagy Boulevard Right of Way. 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 existing and proposed right-of-way dedications are shown on the Annexation and Initial Zoning Maps. All applicable easements and waivers will be completed. 2. Issues pertaining to master planning and zoning must be addressed prior to or in conjunction with the application for annexation. No issues pertaining to master planning and zoning are anticipated at this time. 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 subject property is designated in the Bozeman Community Plan as Community Commercial Mixed Use. The proposed B-2 zoning complies the current Community Plan. 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 subject property is proposed to be B-2 zoning classification. 5. The applicant must indicate their preferred zoning classification as part of the annexation petition. The subject property is proposed to be B-2 zoning classification. 6. Fees for annexation processing will be established by the City Commission. This is understood. 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. The subject property is fronted on the north by Kagy Boulevard, a paved City street. The primary proposed access will likely be by means of the existing drive access to the east. No new roads are proposed to access the property. 50 UNIVERSITY CROSSING ANNEXATION AND INITIAL ZONING APPLICATION April, 2021 #210228 ANNEXATION AND INITIAL ZONING 8. Prior to annexation of property, the City will require the property owner to acquire adequate and useable water rights, or an appropriate fee in lieu thereof, in accordance with Section 38.410.130 of the municipal code, as amended. Sec. 38.410.130.C.5 BMC allows deferral of CILWR for commercial uses until the time of site plan. Given the particular water use details of the future development aren’t known at this point, the deferral is the best path to take with the annexation. 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. City water and sewer mains already exist in the adjacent road right-of-way (Kagy Boulevard). Water and Sewer Mains are proposed to serve the proposed development. 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. This is not applicable to the annexation request presented with this application. 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. A map entitled “University Crossing 2 Annexation Map” is included with this application. 12. The mapping may be waived by the Director of Public Works. A map entitled “University Crossing 2 Annexation Map” is included 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. This is understood. 51 UNIVERSITY CROSSING ANNEXATION AND INITIAL ZONING APPLICATION April, 2021 #210228 ANNEXATION AND INITIAL ZONING 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. This is understood. 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. This is understood. 16. When possible, the use of Part 46 annexations is preferred. This annexation application is proposing the use of Part 46. 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. This is understood. 18. The City will notify the Gallatin County Planning Department and Fire District providing service to the area of applications for annexation. This is understood. 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. This is understood. The property is undeveloped and no septic system or well currently exists. INITIAL ZONING PROJECT NARRATIVE A. Is the new zoning designation in accordance with the growth policy? How? Yes. According to the Bozeman Community Plan (2020) on Future Land Use Map, the subject property is designated “Community Commercial Mixed-use”. The proposed community business district (B-2) zoning falls under this category. The proposed B-2 zoning will blend with the surrounding B-2 and R-O. B. Will the new zoning secure safety from fire and other dangers? How? 52 UNIVERSITY CROSSING ANNEXATION AND INITIAL ZONING APPLICATION April, 2021 #210228 ANNEXATION AND INITIAL ZONING Yes. The subject property is 1.2 miles (6-minute drive) from Bozeman Fire Station 2. There are existing fire hydrants located on the properties to the east and north. Additional hydrants are proposed along Kagy Boulevard to the north. Zoning the subject property B-2 will not have any anticipated negative effects on the fire safety for the property. There are no other anticipated dangers associated with the lot. C. Will the new zoning promote public health, public safety and general welfare? How? Yes. The B-2 zoning designation will allow for development that will blend with the existing lots that border the property. Public health will be improved by connecting to municipal sanitary sewer and water systems, which will prevent groundwater pollution and depletion by wells and septic systems. Additionally, stormwater will be treated and detained on site, which reduces the strain on existing city stormwater infrastructure. The right-of-way dedication along Kagy Boulevard will provide adequate room for improvements to Kagy Boulevard, increasing vehicle and pedestrian safety. D. Will the new zoning facilitate the adequate provision of transportation, water, sewage, schools, parks, and other public requirements? How? Yes. Existing and proposed City water and sanitary sewer mains will be utilized for the development of the subject property. The Kagy Boulevard right-of-way will facilitate adequate provision transportation. E. Will the new zoning provide reasonable provision of adequate light and air? How? The proposed zoning will allow development at a similar density to the adjacent parcels. This will ensure adequate light and air for the current tenants in buildings to the north and east. F. Will the new zoning have an effect on motorized and non-motorized transportation systems? How? Yes. The new zoning is likely to increase both non-motorized and motorized transportation in the area. Development of the property will require a Traffic Impact Study, or a waiver of Traffic Impact Study from the City of Bozeman Engineering Department. G. Does the new zoning promote compatible urban growth? How? Yes. The new zoning promotes growth directly adjacent to the city boundary, and a principal arterial street. The location of this development prevents islands of disconnected growth. H. Does the new zoning promote the character of the district? How? 53 UNIVERSITY CROSSING ANNEXATION AND INITIAL ZONING APPLICATION April, 2021 #210228 ANNEXATION AND INITIAL ZONING Yes. The new B-2 zoning aligns with the character of the district, which includes areas also zoned B-2. I. Does the new zoning address the affected area’s peculiar suitability for particular uses? How? Yes. The B-2 zoning of the property perpetuates the suitability of the area for particular uses. J. Was the new zoning adopted with a view to conserving the values of buildings? How? Yes. There are currently no buildings on the property. Required setbacks for development of the property will be met. K. Does the new zoning encourage the most appropriate use of land throughout the jurisdictional area? Yes, the new zoning encourages the most appropriate use of land as it matches the existing growth plan. 54 55 56 57 ANNX ANNEXATION APPLICATION CHECKLIST ANNEXATION APPLICATION PROCEDURE Annexation is the process of expanding the boundaries of a city. This handout provides details for the application requirements to submit to annex a property. The following goals and policies are hereby established for the consideration of annexations to the City of Bozeman in Resolution No. 5076. Ensure that your narrative acknowledges them in your submittal. SECTION ONE: GOALS 1. The City of Bozeman encourages annexations of land contiguous to the City. 2. The City encourages all areas that are totally surrounded by the City to annex. 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. 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. 5. The City encourages annexations within the urban area identified on the future land use map in the current Bozeman Growth Policy. 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. 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. 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 limitations, sanitary disposal needs, fire access, maintenance of public facilities, etc., justify a smaller annexation. 9. The City seeks to obtain water rights adequate for future development of the property with annexation. 10. The City of Bozeman encourages annexations for City provision of clean treated water and sanitary sewer. 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. 2. Issues pertaining to master planning and zoning must be addressed prior to or in conjunction with the application for annexation. 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. 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. 5. The applicant must indicate their preferred zoning classification as part of the annexation petition. 6. Fees for annexation processing will be established by the City Commission. 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. 8. Prior to annexation of property, the City will require the property owner to acquire adequate and useable water rights, or an appropriate fee in lieu thereof, in accordance with Section 38.410.130 of the municipal code, as amended. 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. Annexation Application Checklist Page 1 of 3 Revision Date: April 2021 58 ANNEXATION APPLICATION CHECKLIST ANNEXATION APPLICATION CHECKLIST 1. Complete and signed development review application form A1. 2. All materials must be a JPEG or PDF. No individual files will be accepted that are larger than 20 MB. Files that are larger must be broken down into smaller files. Ensure that layers are flattened. 3. The digital copies must be separated into two categories: Documents and Drawings. a. The Documents folder should include items such as application forms, narrative, response to City comments, supplemental documents, technical reports, easements, legal documents, etc. b. The Drawings folder should include items such as site plans, civil plans, landscape plans, photometric plans, elevations, etc. All drawing files must be drawn and formatted for a 24” x 36” sheet file or 11” x 17” sheet file. Plan pages shall be properly oriented in landscape mode. 4. Naming protocol. Each individual document or drawing sheet must have a proper name and date. Ensure that each file name isn’t too long, doesn’t have any spaces (use capital letters to delimit words), and includes the name of the item. a. Documents should be labeled as such: CONRApplication_05232020, Narrative_05232020 or StormwaterReport_05232020 b. Drawing sheets are required to be listed individually and in sequential order. 5. Project narrative describing the project type and proposed use scope. Ensure to include questions asked above in the narrative. 6. Complete and signed property adjoiners certificate form N1 and materials. 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. 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. 12. The mapping may be waived by the Director of Public Works. 13. The City will assess system development/impact fees in accordance with Montana law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code. 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. 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. 16. When possible, the use of Part 46 annexations is preferred. 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. 18. The City will notify the Gallatin County Planning Department and Fire District providing service to the area of applications for annexation. 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. Annexation Application Checklist Page 2 of 3 Revision Date: April 2021 59 ANNEXATION APPLICATION CHECKLIST APPLICATION FEE For most current application fee, see Schedule of Community Development fees. Fees are typically adjusted in January. CONTACT US Alfred M. Stiff Professional Building 20 East Olive Street PO Box 1230 Bozeman, MT 59715 phone 406-582-2260 fax 406-582-2263 planning@bozeman.net www.bozeman.net/planning CERTIFICATION AND SIGNATURES I (We), the undersigned, hereby certify that the information contained in this application is true and correct to the best of my (our) knowledge. _______________________________________________________________________________ ________________ Property Owner’s Signature(s) Date State of _____________________________ County of ____________________________ On this ______________ date of _________________, 20__, before me, a Notary Public and the State of _______________, personally appeared ___________________________________________________________________, known to me to be the person(s) whose name(s) is(are) subscribed to the above instrument and acknowledge to me that he/she/they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the date and year first above written. _______________________________________________________ Notary Public for State of __________________________________ Residing at ______________________________________________ My Commission Expires ___________________________________ ANNEXATION MAP REQUIREMENTS 1. Include an exhibit of the property to be modified. Provide existing County zoning designation and the proposed zoning designation clearly labeled. The exhibit should include the legal limits of the property and size in square feet and acreage. If adjacent to a right-of-way, the annexation must include the full width of the right-of-way per 7-2-4211 MCA. 2. Scale not greater than 1 inch to 20 feet nor less than 1 inch to 100 feet. 3. Scale, north arrow and date of preparation. 4. Subject property well defined. 5. Land use pattern of surrounding area. 6. Existing zoning of the surrounding property. 7. Boundaries of proposed zoning (if more than one designation being requested) well defined. 8. Proximity of all existing and proposed water and sewer mains and extension. 9. Location of all existing structures on the subject property. 10. Adjacent streets and street right-of-ways. 11. Water bodies and wetlands. REQUIRED FORMS A1, ANNX, ZMA, N1, GPA (if changing growth policy designation) Annexation Application Checklist Page 3 of 3 Revision Date: April 2021 60 ZMA ZONE MAP AMENDMENT CHECKLIST ZONE MAP AMENDMENT APPLICATION PROCEDURE A Zone Map Amendment (ZMA), requests a change of zoning to an existing parcel or as part of an annexation to a property that requires a zoning designation. If the rezone is part of an annexation, this handout provides details for the application requirements required to rezone a property. ZMA APPLICATION CHECKLIST 1. Complete and signed development review application form A1. 2. All materials must be a JPEG or PDF. No individual files will be accepted that are larger than 20 MB. Files that are larger must be broken down into smaller files. Ensure that layers are flattened. 3. The digital copies must be separated into two categories: Documents and Plans. a. The Documents folder should include items such as application forms, narrative, response to City comments, supplemental documents, technical reports, easements, legal documents, etc. b. The Plans folder should include items such as site plans, civil plans, landscape plans, photometric plans, elevations, etc. All drawing files must be drawn and formatted for a 24” x 36” sheet file or 11” x 17” sheet file. Plan pages shall be properly oriented in landscape mode. 4. Naming protocol. Each individual document or plan sheet must have a proper name and date. For example a document might be labeled “CONR application 04-01-2021”. 5. Complete and signed property adjoiners certificate form N1 and materials. 6. Project narrative including a detailed response to the following: a. Is the new zoning designed in accordance with the growth policy? How? b. Will the new zoning secure safety from fire and other dangers? How? c. Will the new zoning promote public health, safety and welfare? How? d. Will the new zoning facilitate the adequate provisions of transportation, water, sewage, schools, parks and other public requirements? How? e. Will the new zoning provide reasonable provision of adequate light and air? How? f. Will the new zoning have an effect on motorize and non-motorized transportation systems? How? g. Does the new zoning promote compatible urban growth? How? h. Does the new zoning promote the character of the district? How? i. Does the new zoning address the affected area’s peculiar suitability for particular uses? How? j. Was the new zoning adopted with a view of conserving the values of buildings? How? k. How does the new zoning encourage the most appropriate use of land throughout the jurisdictional area? Zone Map Amendment Page 1 of 2 Revision Date: April 2021 ZMA DISCLAIMER As an amendment is a legislative action, the Commission has broad latitude to determine a policy direction. The burden of proof that the application should be approved lies with the applicant. A zone map amendment must be in accordance with the growth policy (criteria A) and be designed to secure safety from fire and other dangers (criteria B), promote public health, public safety, and general welfare (criteria C), and facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a zone map amendment the Commission must find Criteria A-D are met. In addition, the Commission must also consider criteria E-K, and may find the zone map amendment to be positive, neutral, or negative with regards to these criteria. To approve the zone map amendment, the Commission must find the positive outcomes of the amendment outweigh negative outcomes for criteria E-K. In determining whether the criteria are met, Staff considers the entire body of regulations for land development. Standards which prevent or mitigated negative impacts are incorporated throughout the entire municipal code but are principally in Chapter 38, Unified Development Code. The information, or argument, is necessary to make a decision. Statements supporting the application must identify goals and objectives of the Growth Policy advanced by the proposed change. Conclusory statements are not arguments for a proposed change. Your argument is critical to the success or failure of your application. Please refer to example findings to help inform your analysis. Be aware your application will be analyzed against spot zoning and is a primary component of the public review. You may wish to comment to ensure your request is successful and defensible. 61 ZMA APPLICATION CHECKLIST CERTIFICATION AND SIGNATURES I (We), the undersigned, hereby certify that the information contained in this application is true and correct to the best of my (our) knowledge. _______________________________________________________________________________ ________________ Property Owner’s Signature(s) Date State of _____________________________ County of ____________________________ On this ______________ date of _________________, 20__, before me, a Notary Public and the State of _______________, personally appeared ___________________________________________________________________, known to me to be the person(s) whose name(s) is(are) subscribed to the above instrument and acknowledge to me that he/she/they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the date and year first above written. _______________________________________________________ Notary Public for State of __________________________________ Residing at ______________________________________________ My Commission Expires ___________________________________ APPLICATION FEE For most current application fee, see Schedule of Community Development fees. Fees are typically adjusted in January. CONTACT US Alfred M. Stiff Professional Building 20 East Olive Street PO Box 1230 Bozeman, MT 59715 phone 406-582-2260 fax 406-582-2263 planning@bozeman.net www.bozeman.net/planning REQUIRED FORMS A1,N1, ANNX (if property is being annexed into City) Zone Map Amendment Page 2 of 2 Revision Date: April 2021 ZMA MAP REQUIREMENTS 1. Include an exhibit of the property to be modified. Provide existing zoning designation and the proposed zoning designation clearly labeled. The exhibit should include the legal limits of the property and size in square feet and acreage. If adjacent to a right-of-way, the zoning should extend to the centerline of the right of way. 2. Scale not greater than 1 inch to 20 feet nor less than 1 inch to 100 feet. 3. Scale, north arrow and date of preparation. 4. Subject property well defined. 5. Existing zoning of the surrounding property, including County zoned properties if applicable. 6. Boundaries of proposed zoning (if more than one designation being requested) well defined. 7. Proximity of all existing and proposed water and sewer mains and extension. 8. Location of all existing structures on the subject property. 9. Adjacent streets and street right-of-ways. 10. Water bodies and wetlands. 62 63 64 RETURN RECORDED DEED TO: Bozeman City Clerk PO Box 1231 Bozeman, MT 59771-1231 UTILITY EASEMENT Steven R Aaker, of 15658 Deer Mountain Circle, Broomfield, CO 80023, the GRANTOR, in consideration of $1.00 and for other good and valuable consideration, receipt of which is hereby acknowledged, grants to The City of Bozeman, a municipal corporation of the State of Montana, with offices at 121 North Rouse Avenue, Bozeman, Montana 59715, GRANTEE, its successors and assigns, a perpetual utility easement for the use of each and every person, firm or corporation, whether public or private, providing or offering to provide telephone, electric power, gas, internet, cable television or other similar utility or service, the right to the joint use of an easement for the construction, maintenance, repair, and removal of their lines and other facilities, in, through and across a strip of land 10 feet wide situated in Gallatin County, Montana, to be located on the following described real property: Lot 2A, Minor Subdivision No. 191-B, and located in the Southeast Quarter of Section 14, T. 2 S., R. 5 E. of P.M.M., Gallatin County, Montana. The easement is more particularly shown and dimensioned on the attached Exhibit A, which by this reference is made a part of this document. The GRANTOR states that it possesses the real property described above and that it has a lawful right to grant an easement thereon. The GRANTOR further agrees that the GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTOR. 65 The terms, covenants, and provisions of this easement shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors, and assigns of the parties hereto. DATED this ______ day of _____________________, 2021. GRANTOR: __________________________________ Steven R. Aaker STATE OF COLORADO ) ) ss. County of ____________ ) This instrument was signed or acknowledged before me this ____ day of __________________, 2021, by Steven R. Aaker. (SEAL) ____________________________________ Notary Public for the State of Colorado Printed Name: ________________________ Residing at My Commission Expires _____/ /20 66 DATED this ______ day of _____________________, 2021 ACCEPTED - CITY OF BOZEMAN _____________________________________ By: Jeff Mihelich, its City Manager ATTEST: By: Mike Maas, its City Clerk STATE OF MONTANA ) )ss. County of Gallatin ) On this ________ day of ___________________, 2021, before me, a Notary Public for the State of Montana, personally appeared JEFF MIHELICH and MIKE MAAS, known to me to be the City Manager and City Clerk, respectively, of the City of Bozeman and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of the City of Bozeman. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) Notary Public for the State of Montana Printed Name: ________________________ Residing at My Commission Expires / /20___ G:\C&H\21\210228\Annexation And Zoning\Easements And Waivers\10 Ft. Wide Utility Easement.Doc 67 68 RETURN RECORDED DEED TO: Bozeman City Clerk PO Box 1231 Bozeman, MT 59771-1231 PUBLIC STREET AND UTILITY EASEMENT Steven R Aaker, 15658 Deer Mountain Circle, Broomfield, CO 80023, the GRANTOR, in consideration of one dollar and other good and valuable consideration, receipt of which is acknowledged, does hereby grant to City of Bozeman, 121 North Rouse Avenue, P.O. Box 1230, Bozeman, MT 59771, a Municipal Corporation of the State of Montana, GRANTEE, its successors and assigns, a perpetual street and utility easement for the use of the public, in, through, over and across a strip of land 15.00 feet wide situated in Gallatin County, Montana, to be located on the following described real property: Lot 2A, Minor Subdivision No. 191-B, and located in the Southeast Quarter of Section 14, T. 2 S., R. 5 E. of P.M.M., City of Bozeman, Gallatin County, Montana. The easement is more particularly shown and dimensioned on the attached Exhibit A, which by this reference is made a part of this document. The GRANTOR states that he possesses the real property described above and that he has a lawful right to grant an easement thereon. The GRANTOR further agrees that the GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTOR. The terms, covenants, and provisions of this easement shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors, and assigns of the parties 69 hereto. DATED this ______ day of _____________________, 2021. GRANTOR: Steven R. Aaker __________________________________ Steven R. Aaker STATE OF COLORADO ) ) ss. County of ____________ ) This instrument was signed or acknowledged before me this ____ day of __________________, 2021, by Steven R. Aaker. (SEAL) ____________________________________ Notary Public for the State of Colorado Printed Name: ________________________ Residing at My Commission Expires _____/ /20 70 DATED this ______ day of _____________________, 2021. ACCEPTED - CITY OF BOZEMAN _____________________________________ By: Jeff Mihelich, its City Manager ATTEST: By: Mike Maas, its City Clerk STATE OF MONTANA ) )ss. County of Gallatin ) On this ________ day of ___________________, 202__, before me, a Notary Public for the State of Montana, personally appeared JEFF MIHELICH and MIKE MAAS, known to me to be the City Manager and City Clerk, respectively, of the City of Bozeman and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of the City of Bozeman. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) Notary Public for the State of Montana Printed Name: ________________________ Residing at My Commission Expires / /20___ G:\C&H\21\210228\Annexation And Zoning\Easements And Waivers\15 Ft. Wide Public Road And Utility Easement.Doc 71 72 Page 1 of 2 Adjoining Property Owners: MINOR SUB 191, S14, T02 S, R05 E, Lot 2A, ACRES 97.388 GENESIS BUSINESS PARK OWNERS ASSOCIATION PO BOX 472 BOZEMAN, MT 59771-0472 GENESIS BUSINESS PARK SUB, S23, T02 S, R05 E, Lot 1, Lots 8A, 10A, 12A, PLAT J-284 CONTIGUOUS GRACE BIBLE CHURCH LIMITED OF BOZEMAN 3625 S 19TH AVE BOZEMAN, MT 59718-9108 S23, T02 S, R05 E, C.O.S. 1969, TRACT 1 NE4 17.01AC CONTIGUOUS ANNEX OF BOZEMAN LLC 409 MASSACHUSETTS AVE STE 300 INDIANAPOLIS, IN 46204-1599 KAGY CROSSROADS SUB, S14, T02 S, R05 E, BLOCK 1, Lot 1, ACRES 2.5, PLAT J-328-A CONTIGUOUS STOCKMAN BANK OF MONTANA PO BOX 250 MILES CITY, MT 59301-0250 KAGY CROSSROADS SUB, S14, T02 S, R05 E, BLOCK 1, Lot 4 - 5, ACRES 2.242, PLAT J-328-A LESS HWY RIGHT OF WAY CONTIGUOUS KAGY CROSSROADS LLC PO BOX 10504 BOZEMAN, MT 59719-0504 KAGY CROSSROADS SUB, S14, T02 S, R05 E, BLOCK 3, Lot 1, ACRES 2.788, PLAT J-328-A CONTIGUOUS 19TH CAPITAL GROUP LLC 19 LARIAT LOOP BOZEMAN, MT 59715-9200 MINOR SUB 503, S14, T02 S, R05 E, Lots 1, 2, & 3 CONTIGUOUS SPANISH PEAK APARTMENTS LLC 3424 E US HIGHWAY 12 HELENA, MT 59601-9708 KAGY CROSSROADS SUB, S14, T02 S, R05 E, BLOCK 2, Lot 3, ACRES 1.868, PLAT J-328-A CONTIGUOUS RTR HOLDINGS II LLC 22 TURTLE ROCK CT TIBURON, CA 94920-1300 SOUTH UNIVERSITY DISTRICT PH 2 MINOR SUB, S24, T02 S, R05 E, Lot 2, ACRES 74.87, PLAT J-605 NOT CONTIGUOUS ALLIED BUILDING LLC 32 DISCOVERY DR BOZEMAN, MT 59718-6958 GENESIS BUSINESS PARK SUB, S23, T02 S, R05 E, Lot 2, ACRES 0.9, PLAT J-284 NOT CONTIGUOUS SPIRE HOLDINGS LLC 626 E DAVIS ST BOZEMAN, MT 59715-3716 GENESIS BUSINESS PARK SUB, S23, T02 S, R05 E, Lot 18, (AGGREGATE LOTS 18 & 19 PLATS J- 284B & J-284) CONTIGUOUS BENNETT MARSHALL & C LUZANN 5532 STUCKY RD BOZEMAN, MT 59718-9036 S23, T02 S, R05 E, C.O.S. 2725, TRACT 2 N2 23.80AC, Parcel 1&2 CONTIGUOUS RAFFETY MILDRED M TRUST 901 LYNN RD HELENA, MT 59602-7027 S23, T02 S, R05 E, NE4NE4NW4 10.1AC LESS R W CONTIGUOUS MONTANA STATE UNIVERSITY CULBERTSON HALL BOZEMAN, MT 59717 S14, T02 S, R05 E, C.O.S. 1245, PARCEL B, ACRES 21.416, LESS COS 1245A and S14, T02 S, R05 E, C.O.S. 2729, ACRES 82.614, EAST POR TRACT B IN SD 7C-08(RGG62458 IN SD 7R-41) CONTIGUOUS KAGY VILLAGE CONDO PH 1 MASTER (SEE OWNERS BELOW) KAGY VILLAGE CONDO, S14, T02 S, R05 E, KAGY CROSSROADS SUB LOTS 1, 2 & 3 BLK 2 PLAT J- 328 PLUS OPEN SPACE CONTIGUOUS RUNNERS, LLC PO BOX 5005 BOZEMAN, MT 59717-5005 KAGY VILLAGE CONDO, S14, T02 S, R05 E, BUILDING A, UNIT A1 MONTANA MOVEMENT ARTS CENTER LLC PO BOX 786 BOZEMAN, MT 59771-0786 KAGY VILLAGE CONDO, S14, T02 S, R05 E, BUILDING A, UNIT A2-1 D.J. WOODY PROPERTIES LLC 9005 SYPES CANYON ROAD BOZEMAN, MT 59715 KAGY VILLAGE CONDO, S14, T02 S, R05 E, BUILDING A, UNIT A2-2 & A3 73 Page 2 of 2 SHADETREE MT LLC 88 SADDLE CREEK RD BOZEMAN, MT 59715-8101 KAGY VILLAGE CONDO, S14, T02 S, R05 E, BUILDING B, UNIT B1, B2, & B3 WENDELL DANIEL E & EVA M. 2251 W KAGY BLVD STE C1 BOZEMAN, MT 59718-5939 KAGY VILLAGE CONDO, S14, T02 S, R05 E, BUILDING C, UNIT C1 PREGNANCY CARING CENTER OF GALLATIN VALLEY - ZOECARE 2251 W KAGY BLVD UNIT C2 BOZEMAN, MT 59718-5939 KAGY VILLAGE CONDO, S14, T02 S, R05 E, BUILDING C, UNIT C2 400 MARION INC PO BOX 206 BOZEMAN, MT 59771-0206 KAGY VILLAGE CONDO, S14, T02 S, R05 E, UNIT D1 KROPP KAREN L REV LIV TR AGR DTD 12/6/1 KROPP KAREN L TRUSTEE 134 E TOBIANO TRL BELGRADE, MT 59714-9736 KAGY VILLAGE CONDO, S14, T02 S, R05 E, UNIT F1 & F2 G:\c&h\21\210228\Annexation and Zoning\Annexation and Zoning Maps\City Adjoiners - 210228 - MINOR SUB 191.doc 74 75 76 77