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Home My WebLink About01-11-22 City Commission Meeting Agenda and Packet MaterialsA.Call to Order - 6:00 PM - WebEx Video Conference B.Pledge of Allegiance and a Moment of Silence C.Changes to the Agenda D.Public Service Announcements D.1 Introduction of Interim Community Development Director, Anna Bentley, and Public Works Utility Director, John Alston E.FYI F.Commission Disclosures THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, January 11, 2022 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=e248e33a8cf875c2df1148e7400a5b8d3 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: 2553 568 7953 If you are interested in commenting in writing on items on the agenda please send an email to agenda@bozeman.net prior to 12:00pm on the day of the meeting. You may also comment by visiting the Commission's comment page. You can also comment by joining the Webex meeting. If you do join the Webex meeting, we ask you please be patient in helping us work through this online meeting. If you are not able to join the Webex meeting and would like to provide oral comment you may send a request to agenda@bozeman.net with your phone number, the item(s) you wish to comment on, and the City Clerk will call you during the meeting to provide comment. You may also send the above information via text to 406-224-3967. As always, the meeting will be streamed through the Commission's video page and available in the City on cable channel 190. 1 G.Consent G.1 Accounts Payable Claims Review and Approval (Tonkovich) G.2 Authorize the City Manager to Sign a Letter of Concurrence with the Findings of the MDT Speed Study for Cottonwood Road(Lonsdale) G.3 Authorize the City Manager to Sign a Temporary Right-Of-Way Agreement and Two Temporary Construction Permits Needed for the City to Install Improvements to Story Mill Road - Parcels 6 & 7 (Wake Up Inc.)(Murray) H.Public Comment This is the time to comment on any matter falling within the scope of the Bozeman City Commission. There will also be time in conjunction with each agenda item for public comment relating to that item but you may only speak once. Please note, the City Commission cannot take action on any item which does not appear on the agenda. All persons addressing the City Commission shall speak in a civil and courteous manner and members of the audience shall be respectful of others. Please state your name and address in an audible tone of voice for the record and limit your comments to three minutes. I.Action Items I.1 Canyon Gate Annexation, Adoption of Resolution 5363, and Zone Map Amendment, Provisional Adoption of Ordinance 2099, to Annex Approximately 25.42 Acres and Establish Zoning Districts of R-3, R-5, REMU, and B-2M, Located at 980 Story Mill Road, Application 21337(Miller) I.2 Continue to the January 25, 2022 Commission Meeting the Approval of a Preliminary Plat for the Park View Crossing Major Subdivision to Create 44 Residential Lots on a 7 Acre Parcel Zoned R-3, Medium-density Residential District(montana) I.3 Continue the Public Hearing of Resolution 5370 Approving a Project in the Northeast Urban Renewal District, Known as Wildlands, as an Urban Renewal Project; Making Findings with Respect Thereto and Approving the Use of Tax Increment Revenues or Tax Increment Revenue Bonds to Reimburse Eligible Costs Thereof and Approving a Related Development Agreement to January 25, 2022(Fontenot) J.FYI / Discussion K.Adjournment City Commission meetings are open to all members of the public. If you have a disability that requires assistance, please contact our ADA Coordinator, Mike Gray, at 582-3232 (TDD 582-2301). Commission meetings are televised live on cable channel 190 and streamed live at www.bozeman.net. City Commission meetings are re-aired on cable Channel 190 Wednesday night at 4 p.m., Thursday at noon, Friday at 10 a.m. and Sunday at 2 p.m. In order for the City Commission to receive all relevant public comment in time for this City Commission meeting, please submit via www.bozeman.net or by emailing agenda@bozeman.net no later than 12:00 PM on the day of the meeting. Public comment may be made in person at the 2 meeting as well. 3 Memorandum REPORT TO:City Commission SUBJECT:Introduction of Interim Community Development Director, Anna Bentley, and Public Works Utility Director, John Alston MEETING DATE:January 11, 2022 AGENDA ITEM TYPE:Administration RECOMMENDATION:Provide introductions of Interim Community Development Director, Anna Bentley, and Public Works Utility Director, John Alston 4 Memorandum REPORT TO:City Commission FROM:Kathleen Tonkovich, Accounts Payable Clerk Anna Rosenberry, Interim Finance Director SUBJECT:Accounts Payable Claims Review and Approval MEETING DATE:January 11, 2022 AGENDA ITEM TYPE:Finance RECOMMENDATION:The City Commission approves payment of the claims. STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND:Section 7-6-4301 MCA states that claims should not be paid by the City until they have been first presented to the City Commission. Claims presented to the City Commission have been reviewed by the Finance Department to ensure that all proper supporting documentation has been submitted, all required departmental authorized signatures are present indicating that the goods or services have been received and that the expenditure is within budget, and that the account coding is correct. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:The total amount of the claims to be paid is presented at the bottom of the Expenditure Approval List posted on the City’s website at http://www.bozeman.net/government/finance/purchasing. Individual claims in excess of $100,000: to be announced in weekly e-mail from Accounts Payable Clerk Kathleen Tonkovich. Report compiled on: December 30, 2021 5 Memorandum REPORT TO:City Commission FROM:Taylor Lonsdale, Transportation Engineer Scott Shirley, Interim Director of Public Works SUBJECT:Authorize the City Manager to Sign a Letter of Concurrence with the Findings of the MDT Speed Study for Cottonwood Road MEETING DATE:January 11, 2022 AGENDA ITEM TYPE:Agreement - Agency/Non-profit RECOMMENDATION:Authorize the City Manager to sign a letter of concurrence with the findings of the MDT speed study for Cottonwood Road. STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other public agencies and build on these successes. BACKGROUND:The Montana Department of Transportation (MDT) conducted a speed study on Cottonwood Road from Huffine Lane south to Johnson Road. Engineering has reviewed the study for the section of Cottonwood Road within the city limits and is in agreement with the findings and recommendations as presented in the attached MDT memo and recommends the Commission authorize the City Manager to sign the attached letter. UNRESOLVED ISSUES:None. ALTERNATIVES:None identified or recommended. FISCAL EFFECTS:None. Attachments: 20220111_Cottonwood Road speed study_letter.pdf 20211220_MDT_Cottonwood Road Speed Study.pdf Report compiled on: December 23, 2021 6 January 11th, 2022 William Fogarty MDT – Butte District Administrator 3751 Wynne PO Box 3068 Butte, MT 59702 RE: Cottonwood Road (S-345) Speed Limit Reduction Dear Mr. Fogarty: Thank you for forwarding the referenced speed study to the City of Bozeman for comments or concurrence. The City of Bozeman agrees with the results and recommendations from the study along Cottonwood Road from Huffine Lane south to the City limits. We defer to Gallatin County with respect to recommendations south of the City limit. Given the recent development of the Cottonwood Subdivision on the east side of Cottonwood Road we anticipate an increase in pedestrian crossings of Cottonwood Road. We recognize that current land use and speeds may not currently indicate a reduced speed limit in the area but we ask that you consider the potential need for a reduced speed limit in the future and consider improved pedestrian crossings, such as Rectangular Rapid Flashing Beacons, at existing crosswalks. Given the current data, we concur with the findings of the study and the recommended reduction of the speed limit to 45 mph from Huffine Lane south to the City limit. Thank you for your consideration, City of Bozeman, City Manager and Commission __________________________________________ Jeff Mihelich, City Manager 7 8 9 10 11 12 13 14 15 16 Memorandum REPORT TO:City Commission FROM:Bob Murray, Project Engineer Scott Shirley, Interim Director of Public Works SUBJECT:Authorize the City Manager to Sign a Temporary Right-Of-Way Agreement and Two Temporary Construction Permits Needed for the City to Install Improvements to Story Mill Road - Parcels 6 & 7 (Wake Up Inc.) MEETING DATE:January 11, 2022 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign a Temporary Right-Of-Way Agreement and two Temporary Construction Permits needed for the City to install improvements to Story Mill Road. - Parcels 6 & 7 (Wake Up Inc.). STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:By adopting the City of Bozeman Capital Improvement Plan the City Commission has directed staff to install improvements to Story Mill Road. In order to carry out that direction it is necessary to acquire Right-of-Way. The attached documents, which have been executed by the property owners, are the result of those efforts and are necessary to the completion of the project. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None. Attachments: Story Mill Temporary Right of Way Agreement.pdf Story Mill Temporary Construction Permits.pdf Report compiled on: December 28, 2021 17 18 19 20 21 22 23 24 25 26 27 28 Memorandum REPORT TO:City Commission FROM:Jacob Miller, Associate Planner Chris Saunders, Community Development Manager Martin Matsen, Community Development Director SUBJECT:Canyon Gate Annexation, Adoption of Resolution 5363, and Zone Map Amendment, Provisional Adoption of Ordinance 2099, to Annex Approximately 25.42 Acres and Establish Zoning Districts of R-3, R-5, REMU, and B-2M, Located at 980 Story Mill Road, Application 21337 MEETING DATE:January 11, 2022 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings related to annexation presented in the staff report for application 21337 and move to approve Resolution 5363, the Canyon Gate Annexation and authorize the City Manager to sign the Canyon Gate Annexation Agreement. Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings related to zoning presented in the staff report for application 21337 and move to provisionally adopt Ordinance 2099, the Canyon Gate Zone Map Amendment. 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:Continuation from the December 21, 2021 City Commission meeting. Annexation of 25.42 acres and amendment of the City Zoning Map for the establishment of zoning designation of R-3, Residential Medium Density District, R-5, Residential Mixed Use High Density District, REMU, Residential Emphasis Mixed Use District, and B-2M, Community Business District - Mixed. The City reviews applications for annexations and zone map amendments as they are submitted by the landowner. The landowner submitted an application to annex four parcels and adjacent right of way of Story Mill Road and Bridger Drive. The issue of whether and how the City should grow is a prominent part of the City’s adopted Bozeman Community Plan 2020, see pages 8-15. See the attached staff report for additional 29 information and analysis of compliance with required criteria. Public comment and Application Materials can be viewed in our Laserfiche Repository. Public comment portion of the public hearing has been closed for this item. Both the public comments and application materials are also linked in the staff report. UNRESOLVED ISSUES:None. ALTERNATIVES:1. Direct Staff to include additional terms of annexation or revised terms of annexation to be included in a revised annexation agreement prior to adoption of Resolution 5363 which annexes the property. 2. Do not adopt Resolution 5363 or Ordinance 2099 based on the City Commission’s stated findings of non-compliance with the applicable criteria contained within the staff report; 3. Continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items; or 4. Utilize 38.260.120.D to propose and consider an alternate zoning action. FISCAL EFFECTS:See staff report. Attachments: 21337 Canyon Gate ANNX ZMA CC SR.pdf Hinds v. COB Decision.pdf A1DevelopmentReviewApplication_08112021.pdf DRCMemoResponses_10272021.pdf RevisionandCorrectionRC.pdf Letter to City - Annexation Agreement.pdf 120821 FINAL Canyon Gate Annexation Agreement.docx.pdf 21337 Canyon Gate ANNX Resolution 5363.pdf 21337 Canyon Gate ZMA Ordinance 2099.pdf Canyon Gate Annexation Meets and Bounds 11-12-21.docx Canyon Gate ZMA 11-12-21.pdf Canyon Gate Annexation Map 11-12-21.pdf Canyon Gate Zoning Meets and Bounds 11-12-21.docx SIDWaiver_10272021.pdf ExistingOff- SiteGasPipelineEasementBk122Pg54_10272021.pdf ExistingWaterMainEasementBk17Pg29_10272021.pdf StoryMillRoadPublicStreetandUtilityEasement_10272021.pdf WaterPipelineAccessEasement_10272021.pdf 21337 Canyon Gate Comment Tracking.xlsx Report compiled on: December 9, 2021 30 Page 1 of 67 21337 Staff Report for the Canyon Gate Annexation and Zone Map Amendment Public Hearings: Zoning Commission (map amendment only) November 22, 2021 City Commission (Annexation and map amendment) December 21, 2021 Project Description: Annexation of 25.13 acres and amendment of the City Zoning Map for the establishment of a zoning designation of R-3 (Residential Medium Density), R-5 (Residential Mixed-Use High Density), B-2M (Community Commercial Mixed- Use, and REMU (Residential Emphasis Mixed Use) Recommendation: Meets standards for approval with terms of annexation and contingencies. Zoning Commission Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 21337 and move to recommend approval for the Canyon Gate Zone Map Amendment, with contingencies required to complete the application processing. City Commission Annexation Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings related to annexation presented in the staff report for application 21337 and move to approve Resolution 5363, the Canyon Gate Annexation and authorize the City Manager to sign the Canyon Gate Annexation Agreement. City Commission Zoning Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings related to zoning presented in the staff report for application 21337 and move to provisionally adopt Ordinance 2099, the Canyon Gate Zone Map Amendment. Report: December 6, 2021 Staff Contact: Jacob Miller, Associate Planner 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. 31 Staff Report for 21337 Canyon Gate Annexation & Zone Map Amendment Page 2 of 67 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 four parcels and adjacent right of way of Story Mill Road and Bridger Drive. The application materials are available on the City’s website at https://weblink.bozeman.net/WebLink/Browse.aspx?startid=240520&cr=1. 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 wholly surrounded by the City and is adjacent to the Legends at Bridger Creek Subdivision at Boylan Road and Story Mill Road. 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. See 7-2-4610, MCA. 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 for annexations. The Landowner has requested that the annexation agreement and implementing zoning ordinance be prepared so that action by the City Commission on December 21st, 2021 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. In addition to the required terms of annexation recommended by Staff, the applicant has offered two terms of annexation in response to public comments. The applicant has offered to include language in the Annexation Agreement that would require the construction of a minimum of 60 homes in the proposed R-5 zoning district to be priced no greater than 120% of Area Median Income. The applicant has also offered language in the Annexation Agreement that would limit the maximum height of structures located within the proposed R- 5 zoning district to a maximum of 50 feet or 4 stories, whichever is greater. The annexation agreement included with the packet contains these two provisions. 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 32 Staff Report for 21337 Canyon Gate Annexation & Zone Map Amendment Page 3 of 67 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 for roughly 9.70 acres of R-3 (Residential Medium Density), 4.90 acres of R-5 (Residential Mixed-Use High Density), 9.63 acres of B- 2M (Community Commercial Mixed-Use), and 1.62 acres of REMU (Residential Emphasis Mixed Use). The total acreage of 25.42 acres for zoning includes the adjacent Story Mill right-of-way. 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 many applications of the same type. Staff does not advocate for or against any development application, but presents its own independent analysis and conclusions. The following adopted public planning documents support urban development of the Canyon Gate property, at such time when development is proposed:  Bozeman Community Plan 2020  Gallatin County growth policy  Gallatin County/Bozeman Area Plan – County neighborhood plan  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. 33 Staff Report for 21337 Canyon Gate Annexation & Zone Map Amendment Page 4 of 67 The City has received protest from at least 25% of the lots within 150 feet of the amendment area therefore a supermajority vote from City Commission in favor of the project is required for approval. Written Public Comment Written comments are available for review at https://weblink.bozeman.net/WebLink/Browse.aspx?id=240465&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 held a public hearing on November 22, 2021. After consideration of the application materials, Staff report, and public comment a motion to recommend approval, was offered, seconded, and denied on a vote of 1-2. The primary findings offered by the votes for denial were based on Criteria G and H, Promotion of compatible urban growth, and Character of the district. There was also limited discussion on Criterion F, The effect on motorized and non-motorized transportation systems. The Zoning Commissioners found that the permitted uses and allowable height and density allowed by the proposed R-5 zoning would not be compatible with the surrounding districts and the increased traffic in the area could pose potential hazards to the existing neighborhoods. The Commissioner that voted in favor found that the increased density and housing diversity was in accordance with the growth policy and would not negatively impact the character of the existing districts. One Commissioner asked about the policy of “split-zoning,” or the location of more than one zoning districts on a parcel. The growth policy places three different future land use designations on the property, each one with specific implementing zoning districts which resulted in the property being required to have more than one zoning district. The video recording and minutes of the public hearing are available at https://bozeman.granicus.com/player/clip/192?view_id=1&redirect=true Staff presentation begins at 23:44 Applicant presentation begins at 52:23 Public comment period begins at 1:36 Zoning Commission discussion begins at 4:24 34 Staff Report for 21337 Canyon Gate Annexation & Zone Map Amendment Page 5 of 67 Written Public Comment Written comments addressing this project are available for review at https://weblink.bozeman.net/WebLink/Browse.aspx?id=240465&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. City Commission Alternatives 1. Direct Staff to include additional terms of annexation or revised terms of annexation to be included in a revised annexation agreement prior to adoption of Resolution 5363 which annexes the property. 2. Do not adopt Resolution 5363 or Ordinance 2099 based on the City Commission’s stated findings of non-compliance with the applicable criteria contained within the staff report; 3. 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; or 4. Utilize 38.260.120.D to propose and consider an alternate zoning action. 35 Staff Report for 21337 Canyon Gate Annexation & Zone Map Amendment Page 6 of 67 TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 1 Unresolved Issues ............................................................................................................... 2 Project Summary ................................................................................................................. 2 Written Public Comment .................................................................................................... 4 Zoning Commission ............................................................................................................ 4 City Commission Alternatives ............................................................................................ 5 SECTION 1 - MAP SERIES .................................................................................................... 7 SECTION 2 - RECOMMENDED TERMS OF ANNEXATION .......................................... 15 SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT... 17 SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 18 Annexation ........................................................................................................................ 18 Zone Map Amendment ..................................................................................................... 18 SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS ................................ 19 SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ........... 31 Spot Zoning Criteria ......................................................................................................... 58 PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 60 APPENDIX A - NOTICING AND PUBLIC COMMENT .................................................... 62 APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 63 APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF ............................ 66 FISCAL EFFECTS ................................................................................................................. 66 ATTACHMENTS ................................................................................................................... 67 36 Staff Report for 21337 Canyon Gate Annexation & Zone Map Amendment Page 7 of 67 SECTION 1 - MAP SERIES Project Vicinity Map (2018 Aerial) 37 Staff Report for 21337 Canyon Gate Annexation & Zone Map Amendment Page 8 of 67 Large Scale Project Vicinity Map – Bozeman Community Plan 2020 38 Staff Report for 21337 Canyon Gate Annexation & Zone Map Amendment Page 9 of 67 Project Small Scale Vicinity Map Showing the Future Land Use Map – Project is designated Community Commercial Mixed Use, Urban Neighborhood, and Residential Mixed Use 39 Staff Report for 21337 Canyon Gate Annexation & Zone Map Amendment Page 10 of 67 Project Vicinity Map Showing Larger Vicinity Municipal Zoning 40 Staff Report for 21337 Canyon Gate Annexation & Zone Map Amendment Page 11 of 67 Project Vicinity Map Showing Near Vicinity Municipal Zoning Presently in Effect 41 Staff Report for 21337 Canyon Gate Annexation & Zone Map Amendment Page 12 of 67 Annexation Vicinity Map 42 Staff Report for 21337 Canyon Gate Annexation & Zone Map Amendment Page 13 of 67 Annexation Vicinity Map Showing Near Vicinity 43 Staff Report for 21337 Canyon Gate Annexation & Zone Map Amendment Page 14 of 67 Proposed Zoning Map 44 Staff Report for 21337 Canyon Gate Annexation & Zone Map Amendment Page 15 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. These terms of annexation are incorporated into the annexation agreement included with the City Commission packet materials. Recommended terms of annexation: 1. The documents and exhibits to formally annex the subject property must be identified as the “Canyon Gate Annexation”. 2. An Annexation Map, titled “Canyon Gate Annexation Map” must be provided with the Annexation Agreement. The map must be supplied on: a. A PDF. b. 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 rights-of-way or street easements, and total acreage of the property to be annexed. 3. The applicant must execute all contingencies and terms of an 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. City of Bozeman Resolution 5076, Policy 1 - The applicant must provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) on City standard form for the following: a. Street improvements to Story Mill Road between Boylan Road and East Tamarack Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. b. Street improvements to Bridger Drive/North Rouse Ave between East Tamarack Street and Boylan Road including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. c. Intersection improvements at Story Mill Road and Bridger Drive/North Rouse Ave including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. d. Intersection improvements at East Oak Street and Bridger Drive/North Rouse Ave including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. e. Intersection improvements at East Tamarack Street and North Wallace Ave including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. 45 Staff Report for 21337 Canyon Gate Annexation & Zone Map Amendment Page 16 of 67 5. The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of the improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. The applicant must provide a copy of the SID waiver in conjunction with the Annexation Agreement. 5. The Annexation Agreement must 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. The storm water master plan shall address maintenance and operations until and unless the City affirmatively assumes responsibility for maintenance and operations of stormwater facilities within the area of the annexation. 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, 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. f. 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. g. 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. h. The Annexation Agreement must include notice that the City will assess system development and 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 applicant must properly abandon the existing on-site septic tank and leach field prior to connection to the City sanitary sewer system. The applicant must report the abandonment to the City Water and Sewer Superintendent (John Alston) for inspection, and the applicant must report the abandonment to the Gallatin City County Health Department. In addition to abandonment of the septic tank and leach field, the applicant 46 Staff Report for 21337 Canyon Gate Annexation & Zone Map Amendment Page 17 of 67 must demonstrate that the sanitary sewer service to the septic tank has been completely disconnected from the old septic system prior to connection to the City sanitary sewer system. 8. The applicant must completely disconnect the on-site well from the house prior to connection to the City water system to protect the City’s system from cross contamination. The applicant must contact the City Water and Sewer Superintendent to inspect the disconnection prior to connection of water service from the house to the City water system, if applicable. 9. City of Bozeman Resolution 5076, Policy 1 – Story Mill Road is classified as a Collector in the Bozeman Transportation Master Plan (TMP), which has a minimum right-of-way ROW width of (90) feet. The applicant must provide their respective Story Mill ROW from the centerline of the existing ROW as a public street and utility easement where Story Mill Road is adjacent to the property. A 45 foot public street and utility easement must be provided prior to the adoption of Resolution of Annexation. The applicant can contact the City’s Engineering Department to receive a copy of the standard easement language. 10. The applicant must provide Engineering with a copy of the water pipeline and access easement (FILM 17, Page 29) for the 18-inch water main that runs through the southeast corner of the property prior to annexation. No easement width is specified on the submitted documents. A 30 foot wide water and sewer pipeline access agreement must be provided prior to the adoption of resolution of annexation. 11. The applicant must extend the annexation map to the western edge of the existing Story Mill ROW, which will cover the entire Story Mill Road ROW. The applicant should confirm the overall extent of the boundary with planning, since the western side of Story Mill Road is outside of the City’s limits boundary and is typically required to be extended across the entire ROW with annexation. 12. The applicant must contact Brian Heaston with the City’s Engineering Department to obtain an analysis of cash-in-lieu of water rights for the proposed annexation. The determined amount must be paid prior to the adoption of Resolution of Annexation, if applicable. 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. These contingencies have been addressed with the submitted zoning map and Ordinance included with the City Commission packet materials. Recommended Contingencies of Approval: 1. All documents and exhibits necessary to establish an initial municipal zoning designation must be identified as the “Canyon Gate Zone Map Amendment”. 47 Staff Report for 21337 Canyon Gate Annexation & Zone Map Amendment Page 18 of 67 2. The applicant must submit a zone amendment map, titled “Canyon Gate Zone Map Amendment.” The map must be supplied on: a. 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 rights-of- way or street easements, and total acreage of the property to be rezoned; unless the property to be rezoned can be entirely described by reference to existing platted properties or certificates of survey. 3. The Ordinance for the Zone Map Amendment must not be approved until the Annexation Agreement is signed by the applicant and formally approved by the City Commission. If the Annexation Agreement is not approved, the Zone Map Amendment application is null and void. 4. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant provides an editable metes and bounds legal description prepared by a licensed Montana surveyor. 5. The applicant must extend the zone amendment map to the western edge of the existing Story Mill ROW, which will cover the entire Story Mill Road ROW. The applicant should confirm the overall extent of the boundary with planning, since the western side of Story Mill Road is outside of the City’s limits boundary and is typically required to be extended across the entire ROW with annexation. 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 December 21, 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 Canyon Gate 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 21337. 48 Staff Report for 21337 Canyon Gate Annexation & Zone Map Amendment Page 19 of 67 The Development Review Committee (DRC) considered the amendment. The DRC did not identify any infrastructure or regulatory constraints that would impede the approval of the application. The Zoning Commission held a public hearing on the ZMA on November 22, 2021. After consideration of the application, staff report, and public comment, a recommendation to approve the requested zoning failed on a vote of 1-2. The City Commission will hold a public hearing on the zone map amendment on December 21, 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. This criterion is met. The property in question is contiguous to the City on all sides. Goal 2: The City encourages all areas that are totally surrounded by the City to annex. This criterion is met. This property is wholly surrounded and the applicant is requesting annexation with this application. 49 Staff Report for 21337 Canyon Gate Annexation & Zone Map Amendment Page 20 of 67 Goal 3: The City encourages all properties currently contracting with the City for City services such as water, sanitary sewer, and/or fire protection to annex. Not Applicable. The subject property is not currently contracting for services. Goal 4: The City of Bozeman requires annexation of all land proposed for development lying within the existing and planned service area of the municipal water and sewer systems as depicted in their respective facility plans, any land proposed for development that proposes to utilize municipal water or sewer systems. This criterion is met. 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 about 1.25 miles inside from the nearest edge of the planned service area. The City provides services to adjacent properties with existing development. Map of Utility Planning Boundaries In Relation To Subject Property 50 Staff Report for 21337 Canyon Gate Annexation & Zone Map Amendment Page 21 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 Community Commercial Mixed Use, Residential Mixed Use, and a small portion of Urban Neighborhood. The site is 1.25 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. This criterion is met. The subject property is wholly surrounded by City land and will be reducing the size of islands of unannexed land once it is within City limits. This will make the City boundaries more regular. 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. This criterion is met. Extensions or expansion of Rouse, Bridger Canyon Dr., and Story Mill Road are all included in the adopted transportation plans applicable to this area. These are the arterial and collector roads which 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 Story Mill Road, see Term of Annexation 10. A future connection of Maiden Spirit Street to Boylan Road and ultimately to Story Mill Road is likely with future development. It is also likely that with future development that Northview Street will connect to Story Mill Road, providing more east- west connection for the existing neighborhood and future development. The formal determination of need for construction of the east-west connection or improvement to Story Mill Road is not required to occur until development of the property. Any future changes to Story Mill Road will require coordination with the County Road Office. The County retains jurisdiction over the unannexed sections of Story Mill Road. The City Engineer has been in contact with the County Road Office regarding this application. Coordination with the Montana Department of Transportation is required for construction which intersects with or alters Bridger Drive. 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 51 Staff Report for 21337 Canyon Gate Annexation & Zone Map Amendment Page 22 of 67 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 limitations, sanitary disposal needs, fire access, maintenance of public facilities, etc., justify a smaller annexation. This criterion is met. The subject property is slightly over 25 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. This criterion is met. After annexation, the subject property will be bound to the provisions of 38.410.130. Section 38.410.130 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. This criterion is met. 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 and businesses. There is an existing home on the property which uses an onsite well and septic system. 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 7-8 address the termination of the existing on-site septic system and well. 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 52 Staff Report for 21337 Canyon Gate Annexation & Zone Map Amendment Page 23 of 67 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. Water and sewer services are already provided to adjacent property. See the following maps for location of existing water and sewer lines near the subject property. Existing Sewer Service Pipe Map 53 Staff Report for 21337 Canyon Gate Annexation & Zone Map Amendment Page 24 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. This criterion is met. The recommended Terms of Annexation include requirements for provision of right of way for Story Mill Road, a collector street. No additional right of way needs were identified for Bridger Drive because the Montana Department of Transportation already acquired adequate right-of-way for the needed upcoming intersection improvements. See Terms of Annexation 9. 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 54 Staff Report for 21337 Canyon Gate Annexation & Zone Map Amendment Page 25 of 67 future development of the property. Special improvement districts are a means of funding larger infrastructure improvements over time and coordinating between multiple parties. 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. 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. This criterion is met. The subject property is planned for Community Commercial Mixed Use, Residential Mixed Use, and Urban Neighborhood. No change to the growth policy is required. The application includes a request for initial zoning of R-3 (Residential Medium Density), R-5 (Residential Mixed-Use High Density), B-2M (Community Commercial Mixed-Use, and REMU (Residential Emphasis Mixed Use). 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. This criterion is met. The property is designated “Community Commercial Mixed Use,” “Urban Neighborhood,” and “Residential Mixed Use.” The applicant is proposing R-3, R-5, REMU, and B-2M which are all implementing zoning districts for their respective Future Land Use Map designation. The applicant has also offered language for the annexation agreement that would require them to build a minimum of 60 housing units at a maximum price of 120% Average Median Income (AMI) in the proposed R-5 district. Providing housing below market rate is discussed as an objective in the Growth Policy. “N-3.3 Encourage distribution of affordable housing units throughout the City with priority given to locations near commercial, recreational, and transit assets.” 55 Staff Report for 21337 Canyon Gate Annexation & Zone Map Amendment Page 26 of 67 The project site is located adjacent to proposed commercial zoning and near to Story Mill Park, one of the City’s largest parks and near multiple trail corridors. 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. This criterion is met. The property proposed for annexation requests a zoning designation of R-3, R-5, REMU, and B-2M. 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 November 22, 2021. A recommendation to the City Commission regarding approval of the requested zoning will be made. See the discussion under Section 6 and the Executive Summary. 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. This criterion is met. The applicant has requested R-3 (Residential Medium Density), R-5 (Residential Mixed-Use High Density), B-2M (Community Commercial Mixed-Use), and REMU (Residential Emphasis Mixed Use). 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. This criterion is met. 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. This criterion is met. At this time, primary access is provided to the site and the single existing home from Story Mill Road, which is a paved county road adjacent to the property. 56 Staff Report for 21337 Canyon Gate Annexation & Zone Map Amendment Page 27 of 67 The portion of Story Mill Road adjacent to the project will be annexed with the rest of the property included in the application. Story Mill Road will most commonly be accessed from Bridger Drive, an extension of Rouse Avenue that connects to downtown and other arterials such as Oak Street. Future development will require extension of streets and utilities and will provide for paved access to the site. Story Mill Road is a designated collector street but has not been built out to City standards because it is still a county road adjacent to the site. The applicant will be responsible for dedicating and, upon future development, improving the portion of Story Mill Road adjacent to their property. A section of Story Mill Road from Bridger Drive to Griffin Drive has been designated in the Transportation Capital Improvements Project schedule for 2021 as well as the intersection of Story Mill Road and Bridger Drive, which will include signalization. Bridger Drive is a paved designated arterial and will provide for the majority of vehicular traffic for future developments. The western half of Story Mill Road is partially dedicated and the southern section is provided through an easement. At this time, it is unknown which combination of improvements will be proposed with future development. The Landowner will need to assemble a workable set of improvements to offset anticipated increased demands before approval of any construction. The funding package for future improvements is not finalized at time of annexation. As discussed under Section 5, Goal 7. 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. 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. This criterion is met. 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 57 Staff Report for 21337 Canyon Gate Annexation & Zone Map Amendment Page 28 of 67 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. This criterion is met. The area proposed for annexation is wholly surrounded by properties within City limits. City emergency services can be extended to the annexation area on the same basis as existing adjacent development. The site is presently included in the Story Mill Fire District. This fire district receives service from the City of Bozeman Fire Department. Therefore, annexation will not affect the level of fire protection. Future development will be required to extend water mains and take other action to mitigate hazards. 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. An analysis of the water and sewer system providing evidence that adequate water pressure and sewer flow can be provided will be required with subsequent development 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. The site is located in the Bridger Creek Sanitary Sewer Drainage Basin. At the time of development, when more detailed information on the grade, pipe slope, and proposed wastewater generation has been determined the applicant must demonstrate that the site can drain by gravity. 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 applicant will be proposing cash-in-lieu of parkland dedication which will be reviewed with subsequent development applications. The subject property is directly across the street from Story Mill Park, one of the larger parks within City limit that has additional capacity for visitors due to its location on the periphery of town and the lack of density in the area. On- site open space is required with any residential development above and beyond provision of public parks. 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 58 Staff Report for 21337 Canyon Gate Annexation & Zone Map Amendment Page 29 of 67 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 criterion is met. 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 7-8 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. This criterion is met. Mapping to meet the requirements of the Director of Public Works must be provided with the Annexation Agreement. Typically, this includes a digital copy containing the metes and bounds legal description of the property. The annexation includes the existing width of Story Mill Road, as required by state law, 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. This criterion is met. 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.h., 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 59 Staff Report for 21337 Canyon Gate Annexation & Zone Map Amendment Page 30 of 67 annexation. The zone map amendment notice must contain the materials required by 38.220.410, BMC. This criterion is met. Notices of the public hearing have been mailed, published in the Bozeman Daily Chronicle, and posted on the site as required under this policy. See Appendix A for more details. Policy 14: Annexation agreements must be executed and returned to the City within 60 days of distribution of the annexation agreement by the City, unless another time is specifically identified by the City Commission. This criterion is met. This policy will be implemented only if the Commission acts to grant preliminary approval of the annexation. The Landowner has requested that the annexation agreement and implementing zoning ordinance be prepared so that action by the City Commission on December 21st, 2021 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. Policy 15: When possible, the use of Part 46 annexations is preferred. This criterion is met. 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 Story Mill Road 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. This criterion is met. The listed agencies were notified and provided copies of the annexation application materials on October 18, 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, 60 Staff Report for 21337 Canyon Gate Annexation & Zone Map Amendment Page 31 of 67 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 criterion is met. There is one home on the property which has an on-site well and septic system. Future development of the property will require extensions of water and sewer mains. Terms of annexation require connection to municipal water and sewer at the time they are close enough. In conjunction with future connection the septic system must be properly abandoned and the well disconnected from the domestic supply. Terms of Annexation 7-8 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. This criterion is met. The application was initially submitted on August 11, 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. 61 Staff Report for 21337 Canyon Gate Annexation & Zone Map Amendment Page 32 of 67 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. 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 Canyon Gate application has been included as an urban expansion area in the City’s adopted land use plans since 1990. As shown on the maps in Section 1, on the excerpt of the current future land use map, the property is designated as Community Commercial Mixed Use, Residential Mixed Use, and Urban Neighborhood. The descriptions from the growth policy of these future land uses are: Community Commercial Mixed Use: “The Community Commercial Mixed Use category promotes commercial areas necessary for economic health and vibrancy. This includes professional and personal services, retail, education, health services, offices, public administration, and tourism establishments. Density is expected to be higher than it is currently in most commercial areas in Bozeman and should include multi-story buildings. Residences on upper floors, in appropriate circumstances, are encouraged. The urban character expected in this designation includes urban streetscapes, plazas, outdoor seating, public art, and hardscaped open space and park amenities. High density residential areas are expected in close proximity. Developments in this land use area should be located on one or two quadrants of intersections of the arterial and/or collector streets and integrated with transit and non-automotive routes. Due to past development patterns, there are also areas along major streets where this category is organized as a corridor rather than a center. Although a broad range of uses may be appropriate in both types of locations, the size and scale is to be smaller within the local service areas. Building and site designs made to support easy reuse of the building and site over time is important. Mixed use areas should be 62 Staff Report for 21337 Canyon Gate Annexation & Zone Map Amendment Page 33 of 67 developed in an integrated, pedestrian friendly manner and should not be overly dominated by any single use. Higher intensity uses are encouraged in the core of the area or adjacent to significant streets and intersections. Building height or other methods of transition may be required for compatibility with adjacent development. Smaller neighborhood scale areas are intended to provide local service to an area of approximately one half-mile to one mile radius as well as passersby. These smaller centers support and help give identity to neighborhoods by providing a visible and distinct focal point as well as employment and services. Densities of nearby homes needed to support this scale are an average of 14 to 22 dwellings per net acre.” Residential Mixed Use: “This category promotes neighborhoods substantially dominated by housing, yet integrated with small-scale commercial and civic uses. The housing can include single- attached and small single-detached dwellings, apartments, and live-work units. If buildings include ground floor commercial uses, residences should be located on upper floor. Variation in building mass, height, and other design characteristics should contribute to a complete and interesting streetscape. Secondary supporting uses, such as retail, office, and civic uses, are permitted on the ground floor. All uses should complement existing and planned residential uses. Non-residential uses are expected to be pedestrian oriented and emphasize the human scale with modulation in larger structures. Stand alone, large, non-residential uses are discouraged. Non-residential spaces should provide an interesting pedestrian experience with quality urban design for buildings, sites, and open spaces. This category is appropriate near commercial centers. Larger areas should be well served by multimodal transportation routes. Multi-unit, higher density, urban development is expected. Any development within this category should have a well-integrated transportation and open space network that encourages pedestrian activity and provides ready-access within and adjacent development.” 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.” 63 Staff Report for 21337 Canyon Gate Annexation & Zone Map Amendment Page 34 of 67 At the intersection of a collector street (Story Mill Road) and arterial street (Bridger Drive); the Planning Board and City Commission determined with adoption of the future land use map in 2020 that the designated future land uses were proper to support the surrounding area and in the best interest of the community as a whole. 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; R-3, and R-5, are implementing zoning districts of Residential Mixed Use and REMU and B-2M are implementing districts of Community Commercial Mixed Use. REMU is also an implementing district of Urban Neighborhood. The requested REMU portion is located in both the Urban Neighborhood and Community Commercial Mixed Use designations. The full table is provided in Appendix B. The future land use map excerpt included in Section 1 shows the property surrounded by Urban Neighborhood designations to the east, north and partially to the west and south. The SW corner of the property is adjacent to Maker Space Mixed Use on the west side of Story Mill Road. Maker Space Mixed Use is primarily focused on light industrial uses. On the south side of Bridger Drive, flanking the intersection of Bridger Canyon and Story Mill are areas of Residential Mixed Use, Community Commercial Mixed Use, and PLI where the Story Mill Park is located. 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, however the relevant goals and 64 Staff Report for 21337 Canyon Gate Annexation & Zone Map Amendment Page 35 of 67 objectives related to this project have been identified by staff and are described in this report. Conflict with the text of the BCP 2020 has not been identified. Page 19 of the BCP 2020 discusses a variety of other community plans, documents and reports 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 items in the list identify goals of Theme 2, A City of Unique Neighborhoods. These goals encourage zoning changes that would increase housing diversity and residential density throughout Bozeman and specifically 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.” The proposed site has one home on it at present. No changes to existing developed property within the City is occurring with this amendment. All additional development is occurring on newly annexing land. The BCP 2020 calls for higher intensity development along major thoroughfares and at high traffic intersections throughout Bozeman. The future land use map designations for the Canyon Gate property reflect this strategy. It is less disruptive to residents and simpler to support increasing density on largely undeveloped property than to consolidate property and redevelop existing residential areas. Because of the location of this project at the intersection of a collector and major arterial, it would be in conflict with the BCP 2020 if the Canyon Gate property was zoned for less intense development than it has the capacity for. “Goal N-3: Promote a diverse supply of quality housing units.” The proposed zoning districts of R-3, R-5, REMU and B-2M allow for a wide spectrum of housing choices, from single-household units to apartments. There is a mix of housing types immediately adjacent to the subject property, including townhouses/rowhouses and single-household detached units. Multi-household, townhomes, and detached home development has been in the immediate vicinity since the 1990’s with the Bridger Creek subdivision west of Story Mill Road. Based on the proposed zoning districts, future development of the Canyon Gate project will be adding medium-density residential developments such as single-household units, townhouses/rowhouses or small scale apartments in the R-3 which serves as the perimeter zoning district for the property. The 65 Staff Report for 21337 Canyon Gate Annexation & Zone Map Amendment Page 36 of 67 allowable higher density residential uses such as apartments in the R-5, B-2M, and REMU zones would be located closer to the intersection of Bridger Drive and Story Mill Road. Quality of housing cannot be assessed at this time but will be reviewed with subsequent development review for compliance with adopted standards found acceptable for the community. The City’s Community Housing Needs Assessment documented a shortage of housing within the City and encourages additional housing construction. “DCD-2.2 Support higher density development along main corridors and at high visibility street corners to accommodate population growth and support businesses.” Goal M-1: Ensure multimodal accessibility. 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. Bridger Drive 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. Story Mill Road is a designated collector street and is slated for improvements from Bridger Canyon to Griffin Drive, and the intersection at Bridger Drive, per the Capital Improvements Plan. There are mixed use developments and high-density residential developments within different stages of the development process immediately adjacent to that intersection. This pattern of development is consistent with goal DCD-2.2 and will work to support the additional commercial uses in the already mixed-use area. Connection to the M trail will be provided by additional sidewalk connections along Story Mill Road with future development. The mix of services allowed in the proposed districts will add opportunities for walking access from surrounding residential areas. “Goal DCD-1: Support urban development within the City.” DCD-1.1 Evaluate alternatives for more intensive development in proximity to high visibility corners, services, and parks. 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-3, R-5, REMU, and B-2M zoning will not occur. The requested zoning districts are implementing districts consistent with the future land use map. “DCD-1.9 Promote mixed-use development with access to parks, open space, and transit options.” The property where this project is proposed is nearby multiple parks, trails, and open spaces. Across Bridger Drive to the south is one of the largest parks in Bozeman. Due to its location on the periphery of town, park design, and the lack of residential density, Story Mill Park has the capacity to support many more users. The Main Street to the Mountains pathway that connects to the “M” trail runs along Bridger Drive and connects to Downtown. There is 66 Staff Report for 21337 Canyon Gate Annexation & Zone Map Amendment Page 37 of 67 an existing trail network within the Legends and Bridger Creek subdivisions and along the E. Gallatin River with connections to the Glen Lake Rotary Park. Although the Streamline bus does not currently serve the area, the shared-use path and trail network will provide multi- modal transportation options to get to other parts of town. “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 its growth policy, to identify County priorities for this area of the County. The GCBA Plan provides information on expectations for this property should it not be annexed. 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 property currently has one home on it and is classified as agricultural lands for tax purposes. The GCBA Plan future land use map designates this property and the surrounding unannexed area as Moderate-intensity development. This is described as “Development of additional medium-density residential, conservation subdivisions, neighborhood commercial, office, and public uses. Development of additional appropriate high-density residential, community commercial, office park, and public uses.” The proposed zoning districts in this application provide for uses consistent with this GCBA description as well as the description of Residential Mixed Use and Community Commercial Mixed Use from the BCP 2020. 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. 67 Staff Report for 21337 Canyon Gate Annexation & Zone Map Amendment Page 38 of 67 • Support development within or adjacent to existing developed areas, including infill development. • Promote development that is compact, makes efficient use of land, and does not foster sprawl. • Encourage development within close proximity to city limits to pursue annexation opportunities with City of Bozeman.” Gallatin County has zoned the 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 GCBA and BCP 2020 objectives are met. “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 wholly surrounded by properties already within City limits. The property is located within the service area of the municipal utilities and can be served with existing mains and incremental extensions. “RC-3.4 Encourage annexation of land adjacent to the City prior to development and encourage annexation of wholly surrounded areas.” The property is wholly surrounded by properties already within City limits. The property is seeking annexation and municipal zoning for the purpose of commercial, residential, and mixed-use development. Annexation is happening before development. In addition to goals and objectives, the BCP 2020 includes descriptive statements regarding what the goals and objectives seek to support and create. Page 27 of the BCP 2020 includes the descriptive language for Theme 2, A City of Unique Neighborhoods. The topics within the descriptive language discuss the importance of housing diversity, equitable access to goods and services, density, and encouraging small-scale neighborhood commercial uses. 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. As noted above, the site is adjacent to collector and arterials streets. The placement of B-2M provides for services near existing traveled ways. Goal N-4 recognizes the significance of neighborhood’s having a sense of place. Neighborhoods do have physical attributes that help them be distinctive. “Goal N-4: Continue to encourage Bozeman’s sense of place. 68 Staff Report for 21337 Canyon Gate Annexation & Zone Map Amendment Page 39 of 67 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. This project proposes a zoning of R- 3 along the perimeter of the property, immediately adjacent to the existing developed residential areas which are zoned R-1. The R-3 district is also present on the western end of the Legends at Bridger Creek development and the eastern end of the Bridger Creek subdivision. It should be noted that R-3 is the lowest density zoning district allowed by the Residential Mixed Use Future Land Use Map (FLUM) designation. Staff finds that the R-3 zoning proposal is a thoughtful approach to increasing density in the area and is sensitive to the surrounding development pattern by placing the least intensive option adjacent to existing development. The proposal of the R-5 zoning district to be located internal to the property follows that same thoughtful approach with respect to the adjacent residential areas, while still recognizing the need for increased density in the area, as directed by the adopted growth policy The surrounding area has historically been a mixed use area that contained a variety of residential and non-residential land uses. The proposal for B-2M and REMU are in keeping with that historical development pattern and the FLUM designations both on the property and in the immediately adjacent areas. The proposal is supported by many of the goals, objectives and actions discussed in the BDC 2020 (growth policy) and throughout this report. This project 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 site is currently within the Story Mill Fire District. The City Fire Department provides service to the Fire District. Therefore, service availability and response time is already demonstrated for this site and the surrounding areas in the City and the Fire District. The 2017 Fire & EMS 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 known flood hazards from FEMA mapping of floodplains. Public testimony was submitted regarding flooding potential. The City’s flood regulations apply regardless of zoning district. Evaluation of flooding potential occurs during development review and appropriate restrictions can be placed if needed to protect public safety. There is some public concern regarding a railroad track that could prohibit efficient response times to the area. The City Fire Department has stated that worst case scenario if a railroad was blocking the road it would take 20 minutes to get there. It should be noted that this response time reflects existing conditions and does not change with 69 Staff Report for 21337 Canyon Gate Annexation & Zone Map Amendment Page 40 of 67 added development. It is possible that the frequency of EMS/Fire related calls increases with added density. C. Promote public health, public safety, and general welfare. This criterion is met. The density and allowable housing types permitted by proposed zoning districts will be a benefit for residents of the future developments on the property and the community as a whole. Higher density development patterns conserve land, resources, and infrastructure by fitting more homes and services on a given piece of land. The additional commercial uses allowed with the proposed zoning districts can provide the community with goods and services within an already developed area at the intersection of two major thoroughfares and adjacent to one of the largest parks in the City. Subsequent development requires the provision of roads, sidewalks, utilities, open space, parks or cash-in-lieu of parks and other infrastructure that benefits the greater Bozeman community. See comments in Section 6, Criteria A, B and D. Provision of opportunity for services distributed through the City and nearby to residential areas supports walkability, multi-modal transportation, and other priorities of the City that support public health and welfare. 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 main station for American Medical Response who provides ambulance service to the area is nearby on Industrial Drive. The City’s standards ensure that adequate services are provided prior to construction of homes which advances this criterion. 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. As noted in Section 5, Policy 9, the City already provides fire service to the site. D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. This criterion is met. 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. 70 Staff Report for 21337 Canyon Gate Annexation & Zone Map Amendment Page 41 of 67 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, the Bozeman School District 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 and as discussed in Criterion A. Adequacy of all these public requirements is evaluated during the subdivision and site development process. All zoning districts in Bozeman enable a wide range of uses and intensities. At the time of future subdivision or site plan review the need for individual services can be more precisely determined. No subdivision or site plan is approved without demonstration of adequate capacity. As stated in 38.300.020.C, the designation of a zoning district does not guarantee approval of new development until the City verifies the availability of needed infrastructure. 38.300.020.C, “Placement of any given zoning district on an area depicted on the zoning map indicates a judgment on the part of the city that the range of uses allowed within that district are generally acceptable in that location. It is not a guarantee of approval for any 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. 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, 71 Staff Report for 21337 Canyon Gate Annexation & Zone Map Amendment Page 42 of 67 the Story Mill Road alignment has been designated in multiple City and joint City/County transportation plans as a collector street. There are capital improvement projects scheduled for this year on the southern portion of Story Mill Road from Bridger Drive to Griffin Drive, as well as the intersection of Story Mill Road and Bridger Drive. 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. Water mains are located in Story Mill Road and Bridger Drive 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 Bridger Drive, an arterial street and Story Mill Road, a collector street. Spirit Crossing Lane, Maiden Spirit Street, and Northview Street will likely connect to the property and will likely be extended with subsequent development. Adequate capacity in water, sewer, and major transportation services are known to exist or expected to be able to be added to support the potential intensity of the requested zoning districts. Review of future development will further verify adequate capacity is present and all needed connections can be provided before any construction may begin. Division 38.420 and Section 38.520.060 require dedication of parks and on-site open spaces to meet the needs of residents. The associated annexation will partially address required compliance with City standards through the Terms of Annexation in Section 2. Dedication of right of way for adjacent collector 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. The criterion is met. E. Reasonable provision of adequate light and air. This criterion is met. This criterion is not about individual preferences for a given degree of visual openness, but about preservation of public health. The requested zoning districts meet this standard. The form and intensity standards, Division 38.320, require minimum separation from property lines and limits building heights. Section 38.520.030 requires building placement to ensure access to light and air. Division 38.420 and Section 38.520.060 require dedication of parks and on-site open spaces to meet needs of residents. Section 38.320.060 sets design standards for buildings located in high-intensity zoning districts such as B-2M that are adjacent to lower intensity districts such as R-3. These standards specify setback and height step-back standards to mitigate the difference in allowable development between the two zones. The standards provide a reasonable provision of adequate light and air. 72 Staff Report for 21337 Canyon Gate Annexation & Zone Map Amendment Page 43 of 67 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. This criterion is met. All development permitted under the requested 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 24 acre project site. The recommended terms of annexation and the 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, capital improvement projects, 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 Story Mill Road as a collector and Bridger Drive as an arterial. 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 two streets will be the primary collector and arterial accesses to the site over time. Local streets will link the larger arterial and collectors. Both documents show extensions of McIlhattan Road to Story Mill Road as future expansions of the road network. The Montana Department of Transportation recently complete expansions to Rouse Avenue/ Bridger Drive which improved traffic flow and pedestrian/bicycle safety. Further capacity expansion to the transportation network is planned, such as improving Story Mill Road, improving Griffin Drive, including the intersection of Griffin Drive and Manley Road which are part of the immediate arterial/collector transportation network. 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. Story Mill Road adjacent to the site is currently a two lane county road with no sidewalks. 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 scheduled signalization of Story Mill and Bridger Drive planned in the FY23-27 Capital Improvement Program for fall 2022 will provide protected access to enter and exit from the major street network. These improvements are anticipated to commence as 73 Staff Report for 21337 Canyon Gate Annexation & Zone Map Amendment Page 44 of 67 soon as weather permits in 2022. The comments from the Engineering Division 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 along Story Mill Road and the interior streets which will be located and constructed with subsequent development. Construction of the street and sidewalk network interior to the property will provide pedestrian and bicycle connection to the open space and trail areas in the adjacent Legends Subdivision to the east and north of the property. The construction of sidewalks along Story Mill Road and the future intersection improvements of Story Mill Road and Bridger Drive will provide safe pedestrian access from the future developments to the shared use “Main Street to the Mountains” path and Story Mill Park on the south side of Bridger Drive. 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. The recent completion of the M trail connects to many other sections of the pedestrian network in the city. The City has set minimum standards applicable to development to limit block length, ensure trail and sidewalk connections, and provide streets adequate to carry traffic projected from development. These standards are not applied at the time of this zone map amendment, 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. 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 74 Staff Report for 21337 Canyon Gate Annexation & Zone Map Amendment Page 45 of 67 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 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 contribute 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 requested R-3 district is a residential district that is proposed along the northern, eastern, and a majority of the southern perimeters of the property, immediately adjacent to R-1 zoning and a small portion of R-3 zoning. 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 four differences between the proposed R-3 and the adjacent R-1 zoning district. The distinctions between the two zoning districts are number of residential units per lot and type of building. The distinctions do not negate compatibility. The requested R-5 zoning district follows a similar pattern of compatibility. Both R-3 and R-5 are implementing districts of the Residential Mixed Use designation from the growth policy, furthering support for the requested districts per the definition of compatible development. 75 Staff Report for 21337 Canyon Gate Annexation & Zone Map Amendment Page 46 of 67 The requested B-2M and REMU zoning are higher-intensity mixed-use districts. The locations where they have been requested are compatible with the growth policy designation. The surrounding areas are characterized by a wide mix of uses, including single-household dwellings, townhouses, commercial uses, parks, etc. The uses allowed in B-2M and REMU include more additional commercial uses than are allowed in the adjacent R-3 and R-5 districts, which does not negate compatibility. 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. The City’s adopted standards for development, including but not limited to subdivision, zoning, and building codes, prevent physical hazards. 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 map below depicts the requested zoning of R-3, R-5, B-2M, and REMU as well as the R-1, R-S, districts which are the majority districts for the area surrounding the subject property. R-2 has been shown as well for reference. As you can see there are many examples throughout Bozeman that show adjacency between the requested zoning and the existing zoning. R-3 bordering R-1 is a common theme throughout the city. R-5 and R-3 can be seen in close proximity or bordering B-2M in several locations despite the lack of prevalence of the B-2M district throughout the city. B-2M as a district was created in 2016. The City has not experienced any issues with the adjacent districts. 76 Staff Report for 21337 Canyon Gate Annexation & Zone Map Amendment Page 47 of 67 Proximity map showing adjacency of R-S, R-1, R-3, R-5, B-2M, REMU 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-1 in this portion of the development standards. Development may take many forms in either zoning district. There have been many public comments expressing concern for the allowable height limits in the districts. The difference between R-1 and R-3 is minimal. The difference between R-1 and R-5 or B- 2M is significant but will be mitigated by the distance between the districts. The table below shows maximum heights for each district. Page 77-78 of the BCP 2020 says “Nothing in the zoning amendment or site review criteria requires the Commission restrict one owner because an adjacent owner chooses to not use all zoning potential.” Roof pitch R-1 R-3 R-5 REMU B-2M Less than 3:12 28’ 36’ 50’ Max. 5 stories Max. 5 stories 3:12 or greater 40’ 46’ 60’ Max. 5 stories Max. 5 stories 77 Staff Report for 21337 Canyon Gate Annexation & Zone Map Amendment Page 48 of 67 When evaluating compatibility, both what is built and what can be built are taken into account. The existing built environment in the immediate area is largely two-story detached single houses and townhouses. The proposed zoning adjacent to this condition is R-3 which allows for essentially the same number of stories as R-1; three to four, depending on floor-to- floor heights. More interior to the property is the R-5 zone which could potentially allow up to six stories, more realistically based on current construction trends and market forces, it could build out at five stories. For reference, many of the new buildings in the downtown area are 5 stories and 70 feet. The placement of the R-3 district ensures a minimum separation of 190 feet from the existing lower density residential areas adjacent to the site. REMU and B-2M allow up to five stories as well. The allowable height between these districts, albeit higher than what exists, is not significantly higher than what is allowed to be built in the adjacent zones. These permitted heights reflect the City’s push towards a denser, urban environment and are supported throughout the BCP 2020. The more intensive development elements allowed in the “R” zones, including the REMU district are subject to additional development standards established in Article 38.5, Project Design, of the municipal code. These standards address both site and building design to enable differing uses and scales of development to meet the definition of compatible in the municipal code and presented above. “Sec. 38.500.010. - Purpose. This article (38.5) implements the Bozeman's growth policy. Overall, this article: A. Provides clear objectives for those embarking on the planning and design of development projects in Bozeman; B. Preserves and protects the public health, safety, and welfare of the citizens of Bozeman; C. Ensures that new commercial and multi-household development is of high quality and beneficially contributes to Bozeman's character; D. Ensures that new developments within existing neighborhoods are compatible with, and enhance the character of Bozeman's neighborhoods; E. Promotes an increase in walking and bicycling throughout the City; F. Enhances the livability of Bozeman's residential developments; G. Maintains and enhances property values within Bozeman.” The primary uses in the R-3, and R-5 districts are a mix of residences. Primary uses in REMU is a mix of residences and a mix of commercial uses. The commercial uses in REMU are limited in area to not more that 30% of all building area in the zone. B-2M is primarily a commercial district that has allowance for a variety of residences. Primary uses in the existing County designated AS district are low intensity residential and agricultural. Any change to a municipal zoning will be different than the existing development on the site. 78 Staff Report for 21337 Canyon Gate Annexation & Zone Map Amendment Page 49 of 67 The entire property is slated for mixed-use development per the growth policy designations as described in Section 6, Criterion A. However, the applicant has elected a proposal of R-3 adjacent to the existing R-1 district to be sensitive to the existing conditions and the neighbors in the area. R-3 is a residential district that allows for a mix of residential types and few complimentary uses such as daycare businesses. As described above, the City has many standards to address compatibility. Therefore, the uses are expected to be compatible. The higher intensity use allowed by R-5, B-2M and REMU, such as apartments, can be seen directly adjacent to the lowest intensity of uses, such as single-household homes throughout Bozeman. One historic example of this condition can be seen at South 3rd and Koch where there is a large apartment building surrounded by single-household homes. A recent example of this condition includes a 186-unit apartment development located in the Flander’s Mill Subdivision in a neighborhood that is predominantly single-household homes. The property that the apartment development is located on is R-4 and the surrounding area is R-3 developed with individual detached homes. This illustrates that a developer can buildout property at the lowest intensity zoning allows and it will not preclude the adjacent property owner from developing at the highest intensity zoning allows. These examples indicate that high density residential uses have coexisted with low density residential uses throughout Bozeman for decades and continue that trend to this day. This is further evidence that the uses allowed by the proposed zoning districts are compatible with the surrounding area. 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 most of the requested zoning is different than the surrounding zoning districts, it is compatible and is considered urban growth as called for in the growth policy. See also discussion for Section 6, Criteria A & H. 79 Staff Report for 21337 Canyon Gate Annexation & Zone Map Amendment Page 50 of 67 H. Character of the district. This criterion is met. 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. The requested zoning meets the requirements of this criterion because, although there are differences, it does not change the character of the surrounding zoning districts or the area as a whole. The R-3 zone, R-5 zone and REMU zones allows a similar range of residential uses and building types as R-1. The proposed B- 2M zone is located the farthest away from the existing R-1 zones, which will mitigate any potential conflicts between the districts. As proposed the R-3 zone will provide a buffer between the surrounding lower density R-1 and the higher-intensity zoning districts that have been requested with this application. This zoning pattern showing the distribution of districts beginning at a lower district on the periphery of the city and subsequently becoming more intense inward towards arterial streets and commercial areas is common throughout Bozeman. See discussion throughout Section 6 in support of this conclusion. The County zoned area west of Story Mill Road has been zoned as M-1, an industrial zone, for many years and supports a range of industrial uses. 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. Zoning doesn’t freeze the character of an area forever. Rather, zoning provides a structured method to consider changes to an area. The BCP 2020 notes, “…when considering an amendment to the zoning map both the actual and possible built environment are evaluated. If the amendment is accompanying an annexation request there is often a substantial change in use that will occur. In this case, the Commission must look at what the growth policy recommends for the area, as there is less built context to provide guidance.” Because the property is wholly surrounded by City, there is existing built context to consider as part of the character of the area. The existing land uses in the area are a mixture of housing types, industrial, and commercial uses which have been present for many years. The proposed zoning districts also support a mix of residential and commercial uses. Future land use map growth policy designations specify allowable zoning districts for properties in the City based on existing character and future needs of the community as identified in the growth policy. The proposed zoning districts are implementing districts of the growth policy 80 Staff Report for 21337 Canyon Gate Annexation & Zone Map Amendment Page 51 of 67 designations on the subject property and therefore will not substantially change the character of the area. Active uses within a quarter mile include parks, detached individual homes, agricultural fields, and a variety of commercial and mixed uses. This is a small selection of the potential uses allowed in the existing zoning districts. Proximity map showing existing land uses within ¼ miles The above map demonstrates that this area is already supporting a variety of land uses which have been coexisting in harmony for quite some time. The industrial uses along Story Mill Road and Bridger Drive have been present for many years. The initial Story Mill was one of the first major industrial facilities in the valley with multiple rail services crossing the area. The six story grain elevators and mill are key identifying features in the area. The permitted uses of the proposed zoning districts will provide complimentary housing variety and commercial services in an already developed and high trafficked area. This area has always been characterized by a mixture of uses and while the additional zoning districts will change the area, they do not present any hazards to the existing developments. A 81 Staff Report for 21337 Canyon Gate Annexation & Zone Map Amendment Page 52 of 67 difference in intensity of use does not alter the essential character of a use as housing, commerce, etc. Additionally, there are development projects within that quarter mile range which will be developing in a similar pattern of zoning as this project is proposing. Ordinance 2087 adopted REMU and B-2M zoning at the intersection of Griffin Drive and Story Mill Road in September 2021. Locating higher intensity commercial uses near the intersection of a collector and arterial is directly supported by the Community Commercial Mixed Use land use designation. Encouraging a mixture of housing types and complimentary commercial services is also discussed as an important factor for urban growth. Both of these concepts will be implemented with the proposed zoning for this project and will enhance the character of the district and area as a whole. See Section 6, Criterion A above for discussion about the application and growth policy and planned change to the character of the area. 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. DCD-2.2 Support higher density development along main corridors and at high visibility street corners to accommodate population growth and support business. 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. 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. As noted above, the City Commission has latitude in considering the geographical extents of a zoning district. A review of the existing uses within a quarter mile radius of the amendment site shows 7 City zoning districts; R-1, R-2, R-3, R-S, B-1. B-2, M-1. See discussion under Section 6, Criterion A above. This wide variety of zoning districts within a relatively small geographic area demonstrates that compatible development and compatible land uses can be implemented by many zoning districts, including those requested with this application. 82 Staff Report for 21337 Canyon Gate Annexation & Zone Map Amendment Page 53 of 67 Proximity Map showing zoning within ¼ mile of the project site 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 intentions.” 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. See Section 6, subsection G. for further discussion. In the immediate vicinity, just south of Bridger Drive, there have been two recent successful zone map amendment applications. The Bridger View Redevelopment, 19105, rezoned approximately 9.37 acres previously zoned R-2, B-1 and R-4, to R-3. Just south of there, the Stockyard Properties ZMA, 21105, rezoned approximately 15.33 acres of R4 and B-1 to B- 2M and REMU. The City has determined that these zoning districts reflect the definition of compatible development as described in the growth policy. A variety of housing types, uses and buildings promotes complete, walkable neighborhoods and is accomplished with this pattern of development. The Canyon Gate project has proposed a similar pattern as the one 83 Staff Report for 21337 Canyon Gate Annexation & Zone Map Amendment Page 54 of 67 described above, buffering the adjacent R-1 development with R-3, the lowest density district allowed by the underlying growth policy, and then increasing in intensity as the property gets closer to the intersection. The area overall is changing rapidly and will be home to several developments of varying densities and uses, furthering the goals of the growth policy. Proximity map of Canyon Gate project and recent ZMA applications Table 4 of the BCP 2020, see Section 6, Criterion A above, identifies the implementing zoning districts of the Community Commercial Mixed Use and Residential Mixed Use 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 Community Commercial Mixed Use, Urban Neighborhood, and Residential Mixed Use categories 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- 84 Staff Report for 21337 Canyon Gate Annexation & Zone Map Amendment Page 55 of 67 3 zoning district and the adjacent R-1 zoning district are both residential in nature and are more similar than different in uses and standards. Development in R-3 can be more intensive than that allowed in the R-1 district, such as an apartment building limited, which is subject to the standards of Article 38.5. Article 38.5 imposes a variety of standards on site and building design. The pattern of zoning that presents a lower-density R-1 district adjacent to a medium density R-3, and then subsequently increases in density towards a major thoroughfare is a common theme throughout Bozeman. The sequence of zoning from R-1, R- 3, R-5, and then B-2M and REMU is a well-suited pattern for increasing density while still being sensitive to the existing development. The industrial area west of Story Mill Road is separated by the road itself from the proposed B-2M zone. The requested zoning districts are supported by the land use designations and precedent set by similar zoning patterns throughout Bozeman. Locating R-3 adjacent to the R-1 zone will be a gradual increase in density and as the FLUM designation changes from Residential Mixed Use to Community Commercial Mixed Use close to the intersection of Bridger Drive and Story Mill, the allowable density and commercial uses permitted by the proposed districts increases. This pattern of commercial/mixed-use zoning adjacent to a collector street is further supported by the statement in BCP 2020 for the Community Commercial Mixed Use designation; “Developments in this land use area should be located on one or two quadrants of intersections of the arterial and/or collector streets and integrated with transit and non-automotive routes.” When a zoning amendment is applied for the BCP 2020 guidelines take into account the variety of allowable uses that proposed zoning districts permit in context with existing development. Development patterns have changed over the years, and the community need for higher density housing has increased. This change in needs and trends propagates land use designations throughout Bozeman that do not necessarily reflect what is existing or immediately adjacent. The statement below highlights some of the criteria listed on page 75 of the BCP 2020. “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.” While the statement above may ring truer for annexations that occur on the periphery of city limits, elements of it are prescriptive for the zoning districts that have been proposed with this project. The actual built environment in the immediate area is a diverse mix, with single detached homes on the northeast boundary of the property, rural development on site, and mixed use to the west and south. The possible built environment is a reflection of the existing environment, accompanied with higher intensity commercial and residential, but mixed and diverse nonetheless. 85 Staff Report for 21337 Canyon Gate Annexation & Zone Map Amendment Page 56 of 67 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 the proposed districts to be compatible with adjacent development and uphold the residential character immediately adjacent to the R-1 district that surrounds the subject property. 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 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. Staff concludes that although several of the proposed districts are different than the surrounding zoning, the allowable uses for the zoning districts are similar to the surrounding area and the character of the district. See also discussion for Section 6, Criteria A, G, and F. I. Peculiar suitability for particular uses. This criterion is met. The proposed amendment does not modify the existing standards of the proposed districts. Therefore the impact of the amendment is limited to this application site. The property is generally flat. Groundwater in the area is shallow and at hazard from onsite 86 Staff Report for 21337 Canyon Gate Annexation & Zone Map Amendment Page 57 of 67 sewage treatment. The property is within the City’s planning area for land use and utility extensions. There is frontage on Story Mill Road, a collector, and Bridger Drive, an arterial street. Placement of commercial zoning at such intersections is consistent with the BCP 2020 as cited above. 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. The characteristics of the property as described in the criteria above enable positive findings for this criteria specific to the requested zoning districts being more suitable than another. J. Conserving the value of buildings. This criterion is met. The proposed amendment does not modify the existing standards of the requested districts. 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 proposed zoning districts 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 proposed districts 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. This criterion is met. As discussed in Section 6, Criterion A above, this property has been planned for urban residential uses for many years. Non-residential uses have also been found appropriate through the public process of developing the latest growth policy. The proposed B-2M, REMU and R-5 districts can be seen throughout the city along major arterials and around high traffic areas as is proposed with this project. The proposed R-3 district is a primarily residential district that allows uses that reflect a similar development pattern to those immediately adjacent to the subject property. The property is wholly surrounded by properties within the City, and is encouraged for annexation. The property is in an area of high groundwater where septic systems are a possible hazard to groundwater. The criterion is met. 87 Staff Report for 21337 Canyon Gate Annexation & Zone Map Amendment Page 58 of 67 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. Based on the review of the following criteria, Staff concludes that this application is not spot zoning. 1. Is the proposed use significantly different from the prevailing land uses in the area? No. This criterion includes the modifier ‘significantly.’ It is not prohibited to have uses that are different. To be a Yes answer, the reviewer must demonstrate a ‘significant difference.’ As stated in Section 6, Criterion H above, when evaluating the character of the district the entire range of uses authorized in a district is evaluated, not just what has been built. The R-3 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 neighborhood, residential mixed-use and commercial mixed-use development. A range of residential, commercial and mixed use 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 three differences between the adjacent R-1 and proposed R-3 zoning districts. A review of Table 38.310.030.B – Permitted accessory and non-residential uses in residential zoning districts shows two differences. Additionally, the R-1 district is only located immediately adjacent to a portion of the north and the east side of the subject property. To the south and west there are a variety of different zoning districts. As mentioned earlier in the report, there are 7 different zoning districts within a quarter mile of the subject property, ranging from low density residential to light industrial. These districts host a variety of differences in allowable uses and currently exist in harmony with one another. While the proposed districts do allow for additional variety of uses and intensities, the proposed “R” districts allow for all of the same uses as the existing “R” districts. The differences in intensities, density and types of buildings do not present a “significant” difference. Similarly, B-2M allows for many of the same uses as the M-1, B-2, and B-1 districts that are seen in close proximity to the property but allows for slightly more intense development. As noted above, other recent zone map amendments have placed B-2M in the near vicinity. Many of the land uses that REMU allows exist within a quarter mile of the property as well. 88 Staff Report for 21337 Canyon Gate Annexation & Zone Map Amendment Page 59 of 67 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 several of the proximity and large scale zoning maps in this report, the proposed districts have been placed adjacent to a wide variety of other zoning districts, including mixed-use districts and lower density 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 designated future land use categories in the BCP 2020 allow both residential and non-residential uses. Some implementing zoning districts, such as B-2M are primarily business oriented. The R-3, R-5 and REMU are primarily for residential uses. Development of the site in compliance with the proposed districts provides for a wide variety of development patterns and land uses, but the proposed locations take into account the surrounding developments. The range of uses is compatible with the most common residential land uses in the area and the surrounding commercial uses. As described in Section 6, Criteria G, H, and others above, the uses authorized in the proposed zones 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. The review of those issues is addressed in the state required zoning criteria above. A recent summary judgement ruling from the Hinds v. City of Bozeman court case notes that “it cannot be said that higher density residential is inconsistent with the prevailing use of residential in the area.” Furthermore, the findings from the summary judgement note than when proposed zoning districts are in substantial compliance with the Growth Policy, they are not an abuse of discretion and do not meet this criteria for spot zoning. Staff analysis of this project including all spot zoning criteria is consistent with the findings from that court case. See full text of summary judgement in the attachments section of this report. The existing land uses and development in the area present a diverse mix and therefore staff finds this proposal will not be significantly different in uses than what exists in the area. 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 25.13 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. 89 Staff Report for 21337 Canyon Gate Annexation & Zone Map Amendment Page 60 of 67 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 advance the transportation network, provide commercial goods and services, 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. With a resident population in the City now exceeding 50,000 persons, a zoning amendment would need to affect a large area of the City to not be considered as “small” in the number of beneficiaries. 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. Any annexation and municipal zoning will change the open and agricultural nature of the property. Any development at a municipal density will increase utility and traffic demand. Refusing annexation would disadvantage the existing owner from opportunity to develop as has been enjoyed by surrounding landowners. As discussed in the various review criteria above, no substantial negative impacts or hazards are identified due to this amendment which cannot be resolved or mitigated through other City standards, policies or regulations. Although the zoning 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. As the City works towards facilitating the increase in housing supply, it is important to ensure commercial goods and services are located within a reasonable proximity to new residential areas, creating more walkable neighborhoods and reducing the demand on existing facilities and institutions. The proposed zones would allow for more housing, goods, and services in a growing area of the City, which benefits the general public. The City Commission has adopted legal documents by which land uses and development patterns are determined within city limits. The Unified Development Code (UDC), along with the growth policy (BDC 2020) provide the guiding framework that governs what growth looks like in our community. These documents go through numerous iterations as the knowledge and understanding of development principles evolve, and as the needs of our community change. The UDC establishes technical requirements that dictate the layout of subdivisions, the placement and height of buildings, the width of driveways, allowable land uses, and a plethora of other development requirements that shape the fabric of the 90 Staff Report for 21337 Canyon Gate Annexation & Zone Map Amendment Page 61 of 67 community, and protect the safety of its members. The growth policy is a visionary document that contains the long term goals of the City for the next 20 years. These goals were crafted based on current growth and development trends, contemporary planning theory, and through a robust public engagement process that spanned the course of several years. The layered dynamic of the two policy documents creates the ability for our community to begin with large scale ideas about community growth and needs and distill them down into a technical guide for how that growth and development can physically occur. The goals and themes of the growth policy informs the technical content of the UDC which contains provisions whose main focus is protecting the health, safety, and general welfare of the community. This dynamic ensures that locations and standards of zoning districts are a benefit to the community as a whole and do not benefit only one landowner. As noted in Section 6, Criterion A, the proposed application is in accordance with the growth policy. 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. The City has received protest from at least 25% of the lots within 150 feet of the amendment area therefore a supermajority vote in favor is required for approval. 91 Staff Report for 21337 Canyon Gate Annexation & Zone Map Amendment Page 62 of 67 Based on addressing data provided by City GIS Department, there are 27 City lots and 15 County lots, totaling 42 lots that are eligible for protest APPENDIX A - NOTICING AND PUBLIC COMMENT Notice was published in the Bozeman Daily Chronicle on November 4, 2021, November 7, 2021, and November 14, 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 provided at least 15 and not more than 45 days prior to each public hearing. As of the writing of this report on December 7, 2021 280 public comments have been received and are available at the link below. Public comments were received through a variety of sources and as such there may be repeat comments in the online file. As additional comments are received they will be uploaded to the link below. Public Comment: https://weblink.bozeman.net/WebLink/Browse.aspx?id=240465&dbid=0&repo=BOZEMAN 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 92 Staff Report for 21337 Canyon Gate Annexation & Zone Map Amendment Page 63 of 67 are addressed throughout this report. The majority of public comments received expressed opposition to the project. Common themes in opposition based on the written public comment submitted to date include:  Traffic routes and impacts, especially to the surrounding local streets.  EMS response times due to the railroad crossings on Rouse Avenue and L Street.  Increased density and the impact to the character of existing development in the adjacent subdivisions  Luxury housing types instead of affordable housing  Impacts to wildlife  Parkland and open space There have been five public comments to date that have been in support of the project for the increased density and housing that it has the potential to provide as well as the addition of commercial goods and services to the area. APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING Adopted Growth Policy Designation: The property is designated as “Residential Mixed Use” and “Community Commercial Mixed Use” in the Bozeman Community Plan 2020. 1. RESIDENTIAL MIXED USE This category promotes neighborhoods substantially dominated by housing, yet integrated with small-scale commercial and civic uses. The housing can include single-attached and small single-detached dwellings, apartments, and live-work units. if buildings include ground floor commercial uses, residences should be located on upper floor. Variation in building mass, height, and other design characteristics should contribute to a complete and interesting streetscape. Secondary supporting uses, such as retail, office, and civic uses, are permitted on the ground floor. All uses should complement existing and planned residential uses. Non- residential uses are expected to be pedestrian oriented and emphasize the human scale with modulation in larger structures. Stand alone, large, non-residential uses are discouraged. Non-residential spaces should provide an interesting pedestrian experience with quality urban design for buildings, sites, and open spaces. This category is appropriate near commercial centers. Larger areas should be well served by multimodal transportation routes. Multi-unit, higher density, urban development is expected. Any development within this category should have a well-integrated transportation and open space network that encourages pedestrian activity and provides ready-access within and adjacent development. 2. COMMUNITY COMMERCIAL MIXED USE The Community Commercial Mixed Use category promotes commercial areas necessary for economic health and vibrancy. This includes professional and personal services, retail, education, health services, offices, public administration, and tourism establishments. 93 Staff Report for 21337 Canyon Gate Annexation & Zone Map Amendment Page 64 of 67 Density is expected to be higher than it is currently in most commercial areas in Bozeman and should include multi-story buildings. Residences on upper floors, in appropriate circumstances, are encouraged. The urban character expected in this designation includes urban streetscapes, plazas, outdoor seating, public art, and hardscaped open space and park amenities. High density residential areas are expected in close proximity. Developments in this land use area should be located on one or two quadrants of intersections of the arterial and/or collector streets and integrated with transit and non- automotive routes. Due to past development patterns, there are also areas along major streets where this category is organized as a corridor rather than a center. Although a broad range of uses may be appropriate in both types of locations, the size and scale is to be smaller within the local service areas. Building and site designs made to support easy reuse of the building and site over time is important. Mixed use areas should be developed in an integrated, pedestrian friendly manner and should not be overly dominated by any single use. Higher intensity uses are encouraged in the core of the area or adjacent to significant streets and intersections. Building height or other methods of transition may be required for compatibility with adjacent development. Smaller neighborhood scale areas are intended to provide local service to an area of approximately one half-mile to one mile radius as well as passersby. These smaller centers support and help give identity to neighborhoods by providing a visible and distinct focal point as well as employment and services. Densities of nearby homes needed to support this scale are an average of 14 to 22 dwellings per net acre. 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. 94 Staff Report for 21337 Canyon Gate Annexation & Zone Map Amendment Page 65 of 67 Table 4 from the Bozeman Community Plan 2020 95 Staff Report for 21337 Canyon Gate Annexation & Zone Map Amendment Page 66 of 67 Proposed Zoning Designation: The applicant has requested zoning designations of R-3 (Residential Medium Density), R-5 (Residential Mixed-Use High Density), B-2M (Community Commercial Mixed-Use, and REMU (Residential Emphasis Mixed Use), The intents of the R-3 and R-5 districts share several elements in their definitions related to variety of housing types including promoting a variety of housing types, densities and complimentary uses such as day-cares. R-5 allows for minimal small-scale retail and restaurants as well. Authorized uses for residential zoning districts are in 38.310.030, BMC. Form and intensity standards for residential zoning districts are in 38.320.030, BMC. The B-2M and REMU zoning districts are mixed-use districts. B-2M is primarily a commercial district that allows accessory residential uses and REMU is primarily a residential district that allows accessory commercial uses. REMU allows many of the same housing types as the R-3 and R-5 district and allows for more commercial options. Authorized uses for the commercial and mixed-use districts are in 38.310.040.A, BMC. Form and intensity standards for the REMU district is in 38.320.040, BMC and other commercial and mixed-use districts are in 38.320.050, 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: Canyon Gate Investors, LLC, 111 E. Lamme St., Suite 101, Bozeman, MT 59715 Representative: Brooke Perrelli, 109 East Oak St., Suite 2E, Bozeman, MT 59715 Report By: Jacob Miller, Associate Planner 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. 96 Staff Report for 21337 Canyon Gate Annexation & Zone Map Amendment Page 67 of 67 ATTACHMENTS The full application and file of record can be viewed digitally at https://www.bozeman.net/government/planning/using-the-planning-map, select the “Project Documents Folder” link and navigate to application #21337, as well as digitally at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Application materials – Available through the Laserfiche archive linked agenda materials and the full file is linked below. https://weblink.bozeman.net/WebLink/Browse.aspx?id=240520&dbid=0&repo=BOZEMAN This project can be viewed on the Community Development Viewer interactive map directly with this link: https://gisweb.bozeman.net/Html5Viewer/?viewer=planning&FILE_NUMBER=21-337 Public Comment: https://weblink.bozeman.net/WebLink/Browse.aspx?id=240465&dbid=0&repo=BOZEMAN 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 PROJECT INFORMATION Project Name: Project Type(s): Street Address: Legal Description: Description of Project: Current Zoning: Gross Lot Area: Block Frontage(s): Number of Buildings: Type and Number of Dwellings: Building Size(s): Building Height(s): Number of Parking Spaces: Affordable Housing (Y/N): Cash-in-lieu Parkland (Y/N): Departure/Deviation Request (Y/N): A1 DEVELOPMENT REVIEW APPLICATION PROJECT IMAGE Community Development Development Review Application Page 1 of 3 Revision Date: June 2020 SPECIAL DISTRICTS Overlay District: Neighborhood Conservation None Urban Renewal District: Downtown North 7th Avenue Northeast North Park None VICINITY MAP 121 122 APPLICATION FEE Varies by project type 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 Development Review Application Page 3 of 3 Revision Date: June 2020 REQUIRED FORMS Varies by project type DEVELOPMENT REVIEW APPLICATION Check all that apply FORM 1. Administrative Interpretation Appeal AIA 2. Administrative Project Decision Appeal APA 3. Annexation and Initial Zoning ANNX 4. Commercial/Nonresidential COA CCOA 5. Comprehensive Sign Plan CSP 6. Condominium Review CR 7. Conditional Use Permit CUP 8. Extension to Approved Plan EXT 9. Growth Policy Amendment GPA 10. Informal Review INF 11. Master Site Plan MSP 12. Modification/Plan Amendment MOD 13. Neighborhood/Residential COA NCOA 14. Pre-application Consultation None 15. PUD Concept Plan PUDC FORM 16. PUD Preliminary Plan PUDP 17. PUD Final Plan PUDFP 18. Reasonable Accommodation RA 19. Site Plan SP 20. Special Use Permit SUP 21. Special Temporary Use Permit STUP 22. Subdivision Exemption SE 23. Subdivision Pre-Application PA 24. Subdivision Preliminary Plan PP 25. Subdivision Final Plat FP 26. Wetland Review WR 27. Zone Map Amendment ZMA 28. Zone Text Amendment ZTA 29. Zoning/Subdivision Variance Z/SVAR 30. Zoning Deviation/Departure None 31. Other: APPLICATION TYPE 123 MEMORANDUM ------------------------------------------------------------------------------------------------------------ FROM: DEVELOPMENT REVIEW COMMITTEE RE: CANYON GATE ANNEXATION AND ZONE MAP AMENDMENT, APPLICATION 21337 DATE: OCTOBER 6, 2021 ------------------------------------------------------------------------------------------------------------ Project Description: Annexation of 24.14 acres with requested zoning of R-3 (Residential Medium Density), R-5 (Residential Mixed-Use High Density), B-2M (Community Commercial Mixed-Use, and REMU (Residential Emphasis Mixed Use) Project Location: Property is addressed as 980 Story Mill Road Recommendation: Staff found that the application materials provided complies with the requirements of Chapter 38 of the Bozeman Municipal Code (BMC) and the annexation policy and deemed the application adequate for further review. Section 1– CORRECTIONS 1. The A1 – Development Review Form indicates that this project will also include a Growth Policy Amendment which is not contemplated anywhere else in the application, please clarify if a GPA is proposed. A revised A1 has been provided to Ross Knapper and is provided in this submittal. Section 2– RECOMMENDED CONTINGENCIES ANNEXATION Please note that these are in addition to any required code provisions identified in this report. These contingencies are specific to the development. 1. The documents and exhibits to formally annex the subject property must be identified as the “Canyon Gate Annexation”. Acknowledged 2. An Annexation Map, titled “Canyon Gate Annexation Map” must be provided with the Annexation Agreement. The map must be supplied on: a) A PDF. 124 This map must be acceptable to the City Engineer’s Office and must be submitted within 60 days of the action to approve the zone map amendment. Said map shall contain a metes and bounds legal description of the perimeter of the subject property including adjacent rights-of-way or street easements, and total acreage of the property to be annexed. See attached updated Annexation Map and word document of the metes and bound legal description. 3. The applicant must execute all contingencies and terms of said 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. Acknowledged. The applicant desires to execute all contingencies of the Annexation Agreement concurrently with the City Commission hearing. Please provide a draft of the Annexation Agreement at your earliest opportunity. 4. The landowners and their successors must pay all fire, street, water, and sewer impact fees at the time of connection; and for future development, as required by Chapter 2, Bozeman Municipal Code, or as amended at the time of application for any permit listed therein. Acknowledged. 6. The Annexation Agreement must 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. The storm water master plan shall address maintenance and operations until and unless the City affirmatively assumes responsibility for maintenance and operations of stormwater facilities within the area of the annexation. 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, prior to development, 125 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. f. 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. g. 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. Acknowledged; it is the owner’s desire to have the annexation agreement prepared and ready to be executed prior to the City Commission meeting scheduled for December 21, 2021. Please provide a draft at your earliest opportunity. Section 3– RECOMMENDED CONTINGENCIES ZONING MAP AMENDMENT Please note that these are in addition to any required code provisions identified in this report. These contingencies are specific to the development. 1. The Ordinance for the Zone Map Amendment must not be approved until the Annexation Agreement is signed by the applicant and formally approved by the City Commission. If the Annexation Agreement is not approved, the Zone Map Amendment application is null and void. Acknowledged. 2. All documents and exhibits necessary to establish an initial municipal zoning designation must be identified as the “Canyon Gate Zone Map Amendment”. Acknowledged. 3. The applicant must submit a zone amendment map, titled “Canyon Gate Zone Map Amendment.” The map must be supplied on: a) A PDF. This map must be acceptable to the City Engineer's Office and must be submitted within 60 days of the action to approve the zone map amendment. Said map shall contain a metes and bounds legal description of the perimeter of the subject property including adjacent rights-of-way or street easements, and total acreage of the property to be rezoned; unless the property to be rezoned can be entirely described by reference to existing platted properties or certificates of survey. See attached updated Zone Map Amendment conforming with corrections made to the Annexation Map. 126 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. See attached word document of the zoning metes and bounds. Section 4 – ADVISORY COMMENTS 1. Anticipating additional development on the site in the future, if desired, the location of water and sewer lines is critical. Please consider locating utilities to one side of the property to allow the greatest flexibility for placing structure on the property in the future. A shared agreement with adjacent property may allow more options. Acknowledged. 2. Future Impact Fees - Please note that future building permit applications will require payment of the required transportation, water, sewer, and fire impact fees according to the City of Bozeman adopted impact fee schedule in place at the time of building permit issuance. If you desire an estimate of the required impact fees according to current rates, please contact the Department of Community Development and/or visit www.bozeman.net. Acknowledged. 3. Upon future development of the parcel, the transfer of water rights or the payment of cash-in-lieu (CIL) of water rights must be provided per Bozeman Municipal Code 38.23.180. Acknowledged. Note: During preparation of the staff report for this application, additional contingencies may be recommended based on comments and recommendations provided by other applicable review agencies involved with the review of the project. 127 MEMORANDUM ------------------------------------------------------------------------------------------------------------ TO: Jacob Miller, Assistant Planner FROM: Lance Lehigh, Engineer III RE: Canyon Gate Annexation & ZMA APPLICATION NO 21337 Engineering Comments, Requirements Associated with Annexation & ZMA, and Advisory comments. DATE: October 6, 2021 ----------------------------------------------------------------------------------------------------------- Engineering Requirements and Conditions Associated with Annexation. Future City Facilities 1. 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 property 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. Acknowledged. Existing Water and Sewer 1. The applicant must properly abandon the existing on-site septic tank and leach field prior to connection to the City sanitary sewer system. The applicant must report the abandonment to the City Water and Sewer Superintendent (John Alston) for inspection, and the applicant must report the abandonment to the Gallatin City County Health Department. In addition to abandonment of the septic tank and leach field, the applicant must demonstrate that the sanitary sewer service to the septic tank has been completely disconnected from the old septic system prior to connection to the City sanitary sewer system. Acknowledged. 2. The applicant must completely disconnect the on-site well from the house prior to connection to the City water system to protect the City’s system from cross contamination. The applicant must contact the City Water and Sewer Superintendent to inspect the disconnect prior to connection of water service from the house to the City water system. Acknowledged. Easements & Boundaries 1. City of Bozeman Resolution 5076, Policy 1 – Story Mill Road is classified as a Collector in the Bozeman Transportation Master Plan (TMP), which has a minimum right-of-way ROW width of (90) feet. The applicant must provide their respective Story Mill ROW from the centerline of the existing ROW as a public street and utility easement where Story Mill Road is adjacent to the property. A 45-foot public street and utility easement must be provided prior to the adoption of Resolution of Annexation. The applicant can contact the City’s Engineering Department to receive a copy of the standard easement language. A signed 45-foot Public Street and Utility Easement is provided. 128 2. The applicant must provide Engineering with a copy of the water pipeline and access easement (FILM 17, Page 29) for the 18-inch water main that runs through the southeast corner of the property prior to annexation. As presented, no easement width is specified on the submitted documents. If no easement exists, the applicant will need to provide a standard 30-foot public utility easement through the subject project with the annexation. The existing easement is provided. The existing easement is from 1889 and does not specify a width. A new 30-foot Sewer and Water Pipeline and Access Easement and Agreement is provided over this existing water main. 3. The applicant is advised that a gas main is located within MDT Parcel #129 & 146. The applicant must provide engineering with a copy of the gas pipeline ROW easement (BK 122, Page 54) for the gas pipeline that runs east-west along the southern edge of the subject property. In addition, show the gas pipeline easement boundary width on the annexation exhibit. The existing gas pipeline easement is provided. The easement does not specify a width. The gas pipeline was located by One Call Locate and is shown on the annexation map. The gas pipeline is located between 18’ and 27’ outside of the Canyon Gate property. This distance exceeds typical utility easement widths. 4. The applicant must extend both the proposed zone map amendment as well as the annexation map to the western edge of the existing Story Mill ROW, which will cover the entire Story Mill Road ROW. The applicant should confirm the overall extent of the boundary with planning, since the western side of Story Mill Road is outside of the City’s limits boundary and is typically required to be extended across the entire ROW with annexation. The Annexation Map has been revised to show annexation of adjacent rights-of-way on Story Mill Road and Bridger Drive, which were previously outside of City Limits. All adjacent rights-of- ways outside of City Limits will be included in the area to be annexed. A portion of the west side of Story Mill Road adjacent to Tract A of COS 1518 is by easement and not a dedicated right-of- way. This area is not included in the area to be annexed. Water Rights 1. The applicant must contact Brian Heaston with the City’s Engineering Department to obtain an analysis of cash-in-lieu of water rights for the proposed annexation. The determined amount must be paid prior to the adoption of Resolution of Annexation, if applicable. Acknowledged. Conditions of Approval 1. City of Bozeman Resolution 5076, Policy 1 - The applicant must provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) on City standard form for the following: a. Street improvements to Story Mill Road between Boylan Road and East Tamarack Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. b. Street improvements to Bridger Drive/North Rouse Ave between East Tamarack Street and Boylan Road including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. c. Intersection improvements at Story Mill Road and Bridger Drive/North Rouse Ave including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm 129 drainage. d. Intersection improvements at East Oak Street and Bridger Drive/North Rouse Ave including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. e. Intersection improvements at East Tamarack Street and North Wallace Ave including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of the improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. The applicant must provide a copy of the filed SID waiver prior to the adoption of Resolution of Annexation. See attached SID waiver. Engineering Advisory Comments associated with future development of the subject property (i.e., subdivision, site plan, etc.). The applicant is advised that future development applications will be reviewed against Bozeman Municipal Code and Engineering Design Standard requirements at the time of development. Easements 1. BMC 38.410.060 Easements - A ten-foot wide utility easement (power, gas, communication, etc.) must be provided along Bridger Canyon Road, Boylan Road, and Story Mill Road. The easement must be executed on the City’s standard easement form. A copy of the standard easement form can be obtained from the City Engineering Department. Floodplain 1. BMC 38.600.130 Regulated Flood Hazard Area Boundaries - The applicant is advised that the Preliminary Plat Stormwater Plan for the neighboring property, The Legends at Bridger Creek II Subdivision (February 2006), indicates the subject annexation property is situated in an historical flow path of Bridger Creek. The City considers the Legends II stormwater plan to be best available information concerning flood risks associated with the subject property. The Legends II stormwater plan describes that the major drainage features within the Legends II subdivision are designed to convey approximately 300 cfs of flood water from Bridger Creek during the 1-percent annual chance flood event (100-yr). These drainage features route flood water directly onto the subject annexation property. The applicant is advised that at the time of future development a flood risk analysis conducted by a qualified professional engineer in accordance with FEMA guidelines and standards must be completed to correctly identify the existing flood hazards associated with the subject property. Furthermore, the applicant is advised that should the evaluation indicate flood hazards exist the applicant may be required to mitigate such hazards as part of future development. The applicant is also advised that should the evaluation identify flood hazards that flood hazards to the surrounding area shall not be increased as a result of future development. 130 The applicant is also advised that based upon the flood hazard evaluation the City may require as part of the review of future development that the effective FEMA Flood Insurance Study (FIS) and Flood Insurance Rate Maps (FIRMs) for Bridger Creek be revised. Stormwater 1. Montana Post-Construction Storm Water BMP Design Guidance Manual Seasonal High Groundwater - The subject project is located in an area that is known to have seasonally high groundwater. The applicant must confirm seasonal high groundwater elevations, and seasonal high groundwater data must be measured and submitted with any future development application on the parcel. Due to the seasonal nature of SHGWL measurements, the applicant is advised to begin groundwater measurements in the winter and continue measuring through July. Measurements must be at sufficient intervals to define the SHGWL across the site. Industry guidance recommends a three-foot minimum separation from the bottom of a stormwater facility to the underlying groundwater table. The applicant is advised that future development may be subject to limitations or restrictions based on seasonal high groundwater elevations. Water 1. DSSP Section (V) (A) Main Size -The applicant is advised that the subject property is located in the City’s Northeast pressure zone. Water pressures around the subject property vary from 115 to 125 psi. The water distribution system must be designed to meet the requirements outlined in the City of Bozeman Design Standards and Specifications Policy. Additionally, all water system improvements must also be designed and installed in accordance with the Montana Department of Environmental Quality Circular 1; Montana Public Works Standards and Specifications (MPWSS); City of Bozeman Modifications to MPWSS; and the City’s most recent Water Facility Plan. Wastewater 1. DSSP Section (V) (B) Sanitary Sewer System Design Criteria – The applicant must provide an estimate of the peak-hour sanitary sewer demands, certified by a professional engineer, for the proposed project. The City will analyze and determine if sewer capacity is available to accommodate the project. The applicant is advised that sewer capacity is allocated on a first come first serve basis and is not entitled until preliminary plat or site plan approval. Transportation 1. BMC 38.400.010 Streets (A) (7) – Story Mill Road must be fully constructed to the City’s Collector standard from the subject property’s northern boundary (Boylan Road) to the intersection of Story Mill & Bridger Canyon Drive in accordance with the City’s Transportation Master Plan upon future development. The applicant is advised that any required ROW or public street and utility easement acquisition from offsite property owners is the applicant’s responsibility. 2. BMC 38.400.060 Street Improvement Standards (B) (4) - All arterial and collector streets and intersections must operate at a minimum Level of Service “C” unless specifically exempted by the review authority. The applicant is advised that the intersection of Story Mill Road and Bridger Drive currently operates below a Level of Service “C”. The intersection must upgrade prior to future development. The applicant is advised that the intersection is currently scheduled within the City’s Capital Improvement Plan, with construction anticipated to start in 131 2022. This upgrade may be eligible for cash-in-lieu of infrastructure if the conditions outlined within BMC 38.270.070 are satisfied. 3. MC 38.220.060 (A) (12) Traffic Generation - A traffic impact study (TIS) will be required for the proposed development which will need to discuss how much daily traffic will be generated on existing local and neighborhood streets, roads, and alleys, when the subdivision is fully developed. a. The applicant will need to coordinate the TIS with the engineering department prior to future submittals. Local intersections may be required to be analyzed, depending on the proposed density, trips generated, and type of usage. 4. BMC 38.410.040 Blocks – The applicant must construct an appropriate local street grid through the property that meets block length requirements. With future development applications, the applicant will need to demonstrate that block length standards are satisfied, unless otherwise impractical. a. The applicant is advised that the future street grid must have a potential future connection to Northview Street at the adjacent developments (Legend’s Subdivision) Northview/Alley intersection (BMC 38.400.010). Other 1. Prior to future development or redevelopment the applicant should contact Northwestern Energy (NWE) regarding the location of the existing utility lines. Preliminary discussions with NWE suggests the presents of a high-pressure gas main in the vicinity. 132 RCREVISION AND CORRECTION SUBMITTAL FORM REVISION AND CORRECTION FORM PROCEDURE This form is for changes or corrections to an existing application. Additional or revised plans or documents will not be accepted unless accompanied by this completed form. Fees are required for third and subsequent revisions. SUBMITTAL REQUIREMENTS 1.A completed RC revision/correction submittal form. It must be the first item in the resubmitted set. 2.Ensure all original and updated plans and documents are included in the file and meet digital naming protocol. Each individual document or plan 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. Digital version of all materials as 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 the layers are flattened. 3.Revised drawings must be updated with a new current date on each revised sheet. Title sheet table of the contents/plan schedule must be updated with new dates for each sheet modified. Retain the original date on sheets that have not been updated or revised and include them with the submittal. 4.A written narrative that shows an itemized summary of your submittal and description of each change or revision in detail. Changes to plan sheets must include sheet and detail numbers. 5.All changes must be clouded or highlighted on each plan set. 6.Legal documents, studies, letter or other documentation must have a clear date of revision on the front page. 7.Re-submittal of plans must be complete plan sets. No individual sheets will be accepted. Community Development APPLICATION FEE Fee (after third and subsequent submittal) 1/4 of the total original application fee SUBMITTAL INFORMATION Application File No: Application Type: Project Name: Contact Name: Phone: Email: SUBMITTAL TYPE NEW CHANGE: A revision or change that the applicant has made to a plan that is currently under review that is new and has not been reviewed before. CORRECTION: A correction to the plans that is an applicant response to a correction letter written by the City to the applicant. If both types are being submitted, the written narrative must clearly differentiate between changes and corrections. If there are changes to preliminary approved plans or approved plans, please use the modification application process (MOD application). Revisions and Corrections Submittal Form Page 1 of 2 Revision Date: February 2021 133 REVISION AND CORRECTION SUBMITTAL FORM 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 Revisions and Corrections Submittal Form Page 2 of 2 Revision Date: February 2021 134 135 136 Canyon Gate Annexation Agreement 1 Inter-office Original to: City of Bozeman City Clerk PO Box 1230 Bozeman MT 549771-1230 CANYON GATE ANNEXATION AGREEMENT THIS AGREEMENT made and entered into this ______ day of __________________, 202___, by and between the CITY OF BOZEMAN, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana with offices at 121 N. Rouse Avenue, Bozeman, Montana 59771-0640, hereinafter referred to as "City", and CANYON GATE INVESTORS, LLC, of 111 W. Lamme Street, Suite 101, Bozeman MT 59715, hereinafter referred to as "Landowner." WITNESSETH: WHEREAS, Landowner is owner in fee of a tract of certain real property, hereinafter referred to as the CANYON GATE ANNEXATION situated in Gallatin County, Montana, and more particularly described as follows: A description of land being the SE ¼ of Section 31 and the SW ¼ of Section 32, Township 1 South, Range 6 East, Principal Meridian Montana, Gallatin County, Montana. Beginning at a point (P.O.B), which is the Northwest Corner of said COS No. 2408 and a point on the N/S line between Sections 31 and 32 of said Township and Range and the centerline of Story Mill Road.  thence, S 88° 15' 30" E, along the south boundary of Legends at Bridger Creek Subdivision and the north boundary of said Tract 7B, a distance of 1314.68 feet to a point being the Northeast corner of said Tract 7B; 137 Canyon Gate Annexation Agreement 2  thence, along the east line of Tract 7B, also the West line of Legends at Bridger Creek Subdivision II, Phase 1, S 00° 06' 32" W, a distance of 650.92 feet to a point on said line;  thence, along said lines, S 01° 47' 33" W, a distance of 62.90 feet to a point being the SE corner of said Tract 7B;]  thence, N 88° 19' 21" W, along the North Line of MT. Baldy Subdivision and the South line of said Tract 7B, a distance of 817.12 feet to the NE corner of the West 33.34 feet of Lot 45 of the MT. Baldy subdivision;  thence, S 01° 44' 26" W, along the east line of said Lot, a distance of 260.01 feet to a point;  thence, N 88° 17' 19" W, a distance of 491.61 feet to a point on the line between said Sections 31 and 32 (aka the center line of Story Mill Road);  thence, leaving said section line and along the North ROW of Bridger Drive being the South boundary of Tract A of COS 1815, N 88° 30' 52" E, a distance of 40.01 feet a point at the intersection of said ROW, South Line and the West 40' ROW of said Story Mill Road;  thence, leaving said Bridger Drive ROW and continuing N 00° 18' 18" E, a distance of 321.05 feet along said West ROW of Story Mill Road and through Tract A of COS 1518 to a point being the said West ROW and the Southeast ROW corner of Tract D of the Osborne Subdivision;  thence along said West ROW of Story Mill Road and along the East boundary line of Tracts A, B, C and D of said Osborne Subdivision, N 00° 18' 18" E, a distance of 652.19 feet to a point being the NE corner of said Tract A of said subdivision and the intersection of the West ROW of Story Mill Road and the south ROW of Boylan Road;  thence along said south ROW, N 88° 53' 53" E, a distance of 40.01 feet to the P.O.B. Said area being 1,107,450 square feet or 25.42 acres more or less, along with and subject to all easements of record and all as depicted on the CANYON GATE Annexation Map. WHEREAS, the Landowner petitioned the City for annexation to the City of the CANYON GATE ANNEXATION; and WHEREAS, the CANYON GATE ANNEXATION is not within the corporate limits of the City or other municipality and may therefore be annexed to the City in accordance with the provisions of this Agreement and Title 7, Chapter 2, Part 46, Mont. Code Ann.; and WHEREAS, all parties recognize the annexation of the CANYON GATE ANNEXATION pursuant to Section 7-2-4601, et seq., Mont. Code Ann. will allow the CANYON 138 Canyon Gate Annexation Agreement 3 GATE ANNEXATION to connect to and utilize City services, including municipal water and sewer service, parks and recreation, fire and police services, and the City’s transportation system; and WHEREAS, Section 7-2-4610, Mont. Code Ann. provides that a municipality and landowner can agree to the provisions of services to the area to be annexed; and WHEREAS, the parties recognize additional development on the CANYON GATE ANNEXATION will impact area parks, recreation, transportation, police, and fire services, and that future improvements may require additional public infrastructure street improvements including transportation for traffic circulation and the provisions of parks, recreation, police, and fire services; and WHEREAS, the Landowner finds this Agreement will provide for the most satisfactory and dependable water supply and sewer supply or service, and provide transportation, parks, recreation, police and fire service for development of the CANYON GATE ANNEXATION; and WHEREAS, the parties have determined that it is in the best interests of the City and Landowner, and in furtherance of the public health, safety and welfare of the community to enter into and implement this Agreement. WITNES S ETH : IN CONSIDERATION of the mutual covenants and agreements herein contained, the parties hereto agree as follows: 1. Recitals The above recitals are true and correct and incorporated herein. 139 Canyon Gate Annexation Agreement 4 2. Annexation The Landowner filed an application for annexation of the CANYON GATE ANNEXATION with the City on August 9, 2021. By execution of this Agreement, the City manifests its intent to annex the CANYON GATE ANNEXATION tract pursuant to the terms and conditions of this Agreement. Subject to the provisions of Title 7, Chapter 2, Part 46, Mont. Code Ann. the City shall, upon execution of this Agreement, adopt a Resolution of Annexation of the CANYON GATE ANNEXATION. Further, upon the execution of this Agreement, the Landowner shall do all things required by this Agreement and all things necessary and proper to aid and assist the City in carrying out the terms, conditions and provisions of this Agreement and to effect the annexation of the CANYON GATE ANNEXATION. 3. Services Provided The City will, upon annexation, make available to the CANYON GATE ANNEXATION existing City services only to the extent currently available, or as provided in this Agreement. 4. Municipal Water Service Defined The term "municipal water service" as is used in this agreement shall be the service which is supplied by the City in accordance with Chapter 40, Article 2, Bozeman Municipal Code, as amended, as well as any other terms and conditions which apply to the City's provision of municipal water service but does not include the extension of lines or construction of necessary improvements at any cost to the City for delivery of water to and within the CANYON GATE ANNEXATION. Nothing in this Agreement shall obligate the City to pay for right-of-way acquisition, engineering, construction, and other costs for the delivery of water to or within the CANYON GATE ANNEXATION to include, but not limited to, any impact fees, hook-up, connection, or development charges which have been or may be established by the City. 140 Canyon Gate Annexation Agreement 5 5. Municipal Sewer Service Defined The term "municipal sewer service" as is used in this Agreement shall be the service which is supplied by the City in accordance with Chapter 40, Article 3, Bozeman Municipal Code, as amended, as well as any other terms and conditions which apply to the City's provision of this service but does not include the extension of lines or construction of necessary improvements at any cost to the City for collection of sewage at and within the CANYON GATE ANNEXATION. Nothing in this Agreement shall obligate the City to pay for right-of-way acquisition, engineering, construction, and other costs for the collection of sewage services to or within the CANYON GATE ANNEXATION to include, but not limited to, any impact fees, hookup, connection, or development charges which may be established by the City. 6. Water Rights The Landowner specifically recognizes and agrees the Landowner must provide water rights upon further development or subdivision of the property in accordance with Section 38.410.130, Bozeman Municipal Code. The City will calculate the amount of water rights due at the time of further development or subdivision of the property based on the annual demand for volume of water the development will require multiplied by the most current annual unit price in effect on the date the water rights are transferred or payment-in-lieu of water rights is to be made to the City. As such, the Landowner acknowledges that the rates for cash in-lieu of water rights may increase over time as established by Resolution of the City Commission. The applicant must perform a water rights search to determine if any exist for this property. The Landowner must transfer any water rights that exist for this property to the City of Bozeman prior to development. If insufficient water rights exist, the Landowner must pay cash in lieu of water rights, in an amount determined by the Director of Public Service, prior to development. 141 Canyon Gate Annexation Agreement 6 7. Water and Sewer Connections Landowner understands and agrees that consistent with the Agreement for Public Sanitary Sewer and Water Connection and Consent to Annexation and under no conditions not later than prior to final platting of any subdivision of the property within the CANYON GATE ANNEXATION, the existing residence on the property must be removed or connected to City water and sewer utilities. Water and sewer services must be constructed in accordance with design and specifications approved by the City prior to the installation of the water and sewer lines. Landowner must contact the City Water and Sewer Division to obtain details of construction requirements. Landowner must notify the City Water and Sewer Superintendent a minimum of 48 hours prior to construction of the services and disconnection of the well and septic system abandonment. Landowner further understands and agrees that prior to connection to the City water and sewer system, or concurrent with removal of the existing home, 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 applicant 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. 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. The City Water and Sewer Division may perform an inspection of the 142 Canyon Gate Annexation Agreement 7 property and certify that the disconnection of the well and septic system abandonment are properly completed. Landowner understands and agrees that if Landowner fails to properly abandon the existing septic system and/or fails to disconnect the existing well from the domestic water piping as required herein the City may upon ten day’s written notice to the Landowner terminate water and/or sewer services to the property. Costs of all disconnects and/or subsequent reconnects shall be borne by Landowner. 8. Comprehensive Water and Water Design Report Prior to future development of the property the City may require the Landowner to have prepared by a Professional Engineer, at Landowner’s sole expense, a comprehensive design report evaluating existing capacity of sewer and water utilities in the area. The report must include hydraulic evaluations of each utility for both existing and post-development demands, and the report findings must demonstrate adequate capacity to serve the full development of the land. If adequate infrastructure capacity is not available for the proposed development, the report must identify water or wastewater system improvements necessary for the proposed development. If improvements to this water or wastewater system are necessary, the Landowner agrees prior to development of the CANYON GATE ANNEXATION to complete, at Landowner’s expense, the necessary system improvements to serve the proposed development. 8. Future Development Limitations The Landowner shall be responsible for installing all facilities required to provide full municipal services to the property in accordance with the City’s Infrastructure Master Plans and all City regulations, policies and guidelines that may be in effect at the time of any future development. Thus, Landowner understands and agrees Landowner has no right, either granted or 143 Canyon Gate Annexation Agreement 8 implied, for it to further develop any of the CANYON GATE ANNEXATION until it is verified by the City that the necessary municipal services, including but not limited to police and fire protection, parks and recreation, transportation, and sewer and water capacity, are available to all or a portion of the CANYON GATE ANNEXATION. Notice is thus provided to the Landowner that prior to additional development of the property, the Landowner will be solely responsible for installing, at Landowner’s sole expense, any facilities or infrastructure required to provide full municipal services to the CANYON GATE ANNEXATION in accordance with the City’s infrastructure plans, adopted Growth Policies/Community Plans, and all other city regulations, policies and guidelines that may be in effect at the time of development. 10. Stormwater Master Plan Landowner understands and agrees a Stormwater Master Plan for the CANYON GATE ANNEXATION for a system designed to remove solids, oils, grease, and other pollutants from the runoff from public streets and other impermeable surfaces may be required to be provided to and approved by the City Engineer at the time of any future development. The plan must demonstrate that adequate treatment of runoff from public streets, other impermeable surfaces, and all future lots will be achieved by providing spot elevations, flow direction arrows, detention and/or retention basin details (including basin sizing calculations and basin typical sections), outlet structure details, and culvert capacity calculations. The plan must also locate and provide easements for adequate drainage ways within the CANYON GATE ANNEXATION to transport treated runoff to the stormwater receiving channel. The plan shall include site grading and elevation information, typical stormwater detention/retention basin and discharge structure details, basin sizing calculations, and stormwater maintenance plan. Landowner recognizes the City may 144 Canyon Gate Annexation Agreement 9 require such Stormwater Master Plan to be implemented in all or part as a condition of approval of development of the CANYON GATE ANNEXATION. 11. Waiver of Right-to-Protest Special Districts A. Landowner shall execute a Waiver of Right-to-Protest Creation of Special Districts (SID) or Special Improvement Districts for street and transportation improvements including design and engineering, paving and subsurface improvements, curb and gutter, lighting, sidewalk and stormwater drainage facilities, and fiber optic conduit for a) Street improvements to Story Mill Road between Boylan Road and the southern terminus of L Street including from the southern terminus of L Street south to and including Wallace Avenue to its intersection with East Tamarack Street (including the intersection of Wallace Avenue and East Tamarack Street) to include lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage and b) Street improvements to Bridger Drive between Story Mill Road and Boylan Road as Boylan Road intersects with Bridger Drive at the Creekwood Subdivision including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage; and c) intersection improvements for i) the intersection of Story Mill Road and Bridger Drive including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage; as set forth in Exhibit “A”. The Landowner agrees such SID will provide a mechanism for the fair and equitable assessment of construction and maintenance costs for such improvements. The waiver is attached hereto as Exhibit “A” and is hereby incorporated in and made a part of this Agreement. B. Landowner agrees that in the event a special district or an SID is not utilized for the completion of these improvements as described in subsection A above, the Landowner shall participate in an alternative financing method for the completion of the improvements on a fair share, proportionate basis as determined by the City on the basis of the square footage of property, 145 Canyon Gate Annexation Agreement 10 taxable valuation of the property, traffic contribution from the development or a combination thereof, subject to the provisions of Section 12 pertaining to Payback Districts. C. Landowner understands and agrees that the City will choose creation of a SID or special district or an alternative financing method for the completion of the improvements and may use either financing option at any time. 12. Payback Districts Upon submission of a future development application, the landowner may be expected to make off-site improvements to Story Mill Road and certain floodwater mitigation efforts which may benefit future development of other parcels in the area. Therefore, the Landowner may submit an application to the City for the creation of a Payback District. The City agrees to consider the creation of a Payback District for the benefit of Landowner, for the costs expended to complete such work as the City requires for off-site improvements to Story Mill Road and for floodwater mitigation exceeding proportional share of such work as determined by the City. 13. Public Street and Utility Easement The Landowner understands and agrees that a public street and utility easement must be provided for Story Mill Road, including a 45 foot public street and utility easement from the centerline of the existing right-of-way. The Landowner, at its sole expense, has created such an easement in a location and form agreeable to the City and the easement will be filed at the Gallatin County Clerk and Recorder’s Office at the same time as this annexation agreement. The Landowner further understands and agrees that additional public street and utility easements may be required for delivery of municipal services with future development and such easement shall be provided at the Landowner’s sole expense. 14. Street Improvements 146 Canyon Gate Annexation Agreement 11 The Landowner understands and agrees that at the time of future development the portion of Story Mill Road and Bridger Canyon Drive and their related transportation infrastructure fronting the CANYON GATE ANNEXATION must be improved to a City standard or Montana Department of Transportation standard as applicable at Landowner’s expense, but subject to any Payback District or other funding mechanism as may apply. 15. Impact Fees Landowner acknowledges that annexation and development of their property will impact the City’s existing street, water and sewer infrastructure, and the City’s fire service. As approved by the City, the Landowner and its successors must pay: A) Fire impact fees equal to the amount per Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at time of issuance of a building permit. B) Transportation impact fees equal to the amount per Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at time of issuance of a building permit. C) Water impact fees as required by Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at the time of connection to city water services. D) Sewer impact fees as required by Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at the time of connection to city sewer services. The amount of impact fee the Landowner or its successors pay for connection to the city’s water and sewer services, if any, shall be calculated based on the provisions of the Bozeman Municipal Code, as amended, in effect at the time of application for a permit to connect. The amount of street or fire impact fees to be paid, if any, shall be calculated based on the provisions of the Bozeman Municipal Code, as amended, in effect at the time an application for building permit is submitted. Landowner further understands and agrees that any improvements, either on-site or off- site, necessary to provide connection of the CANYON GATE ANNEXATION municipal services and which are wholly attributable to the property as determined exclusively by the City are 147 Canyon Gate Annexation Agreement 12 considered “project related improvements” as defined in Chapter 2, Article 6, Division 9, Bozeman Municipal Code, as amended, and as such, are not eligible for impact fee credits. If Landowner defaults on this condition at the time such is to be performed, and should default not be remedied or corrected within thirty (30) days after written notice by City to the Landowner and Landowner/Developer of such default, City may at its option: A) Declare the amounts owing for impact fees immediately due and payable and City shall have the right and privilege to take legal action against Landowners for the collection of such sum, including the entry of any judgment. In addition, the City may, at its option, enforce payment of such amount by levying an assessment on the property. B) Elect any other remedy available to City under the laws of the State of Montana. 16. Assessments Landowner understands and agrees that after this Agreement is recorded the CANYON GATE ANNEXATION will be subject to City assessments for arterial and collector streets, street maintenance, and tree maintenance on the same basis as all other properties in the City. 17. Additional Terms A. In order to advance the goals of the Bozeman Community Plan 2020, Theme 2, notwithstanding any provision to the contrary as set forth in the City’s regulations for its R-5 zoning district, Landowner voluntarily offers and agrees to limit the maximum height of structures located within the R-5 zoning district within the CANYON GATE ANNEXATION, to a maximum of 50 feet or 4 stories, whichever is greater. Landowner shall record a covenant running with the land to be approved by the City Attorney and enforceable by the City to reflect this agreement. B. In order to advance the goals of the Bozeman Community Plan 2020, Landowner voluntarily offers and agrees to provide within the R-5 zoning area within the CANYON GATE ANNEXATION, a minimum of 60 housing units that are priced no greater than 120% of Area 148 Canyon Gate Annexation Agreement 13 Median Income at an interest rate of 3.5% per the matrix set forth in Exhibit B. As determined by the City, a one person household includes Studios, two person household includes one bedroom units, a three person household includes two bedroom units, and four person household includes three bedroom units. The sale and management of the income restricted housing units shall be administered by a community land trust or other entity acceptable to the City. Landowner shall begin construction of the income restricted housing prior to any vertical construction within the B2M zoning district and shall complete all 60 units within 24 months after commencing construction. Landowner shall record a covenant running with the land to be approved by the City Attorney and enforceable by the City to reflect this agreement. C. Recording. The parties recognize the covenants required in subsections A and B, above, must be filed and of record with the Gallatin County Clerk and Recorder at the same time as the recordation of this Annexation Agreement. 18. Governing Law and Venue This agreement shall be construed under and governed by the laws of the state of Montana. In the event of litigation, venue is in the Eighteenth Judicial District Court, in and for County of Gallatin, State of Montana. 19. Attorney’s Fees In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement, then the prevailing party shall be entitled to reasonable attorney’s fees and costs, to include the salary and costs of in-house counsel including City Attorney. 20. Waiver 149 Canyon Gate Annexation Agreement 14 No waiver by either party of any breach of any term, covenant or agreement shall be deemed a waiver of the same or any subsequent breach of this same or any other term, covenant or agreement. No covenant, term or agreement shall be deemed waived by either party unless waived in writing. 21. Invalid Provision The invalidity or unenforceability of any provision of this agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. 22. Modifications or Alterations No modifications or amendment of this Agreement shall be valid unless evidenced by a writing signed by the parties hereto. 23. No Assignment It is expressly agreed that the Landowner and/or Landowner/Developer shall not assign this Agreement in whole or in part without prior written consent of the City. 24. Successors This Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties hereto and their respective heirs, successors and assigns and specifically to any subsequent purchaser of the annexed property. 25. Covenants to Run with the Land The parties intend that the terms of this Agreement shall benefit the CANYON GATE ANNEXATION and shall be covenants running with the land and shall not expire at their deaths or upon transfer of ownership of the property. 150 Canyon Gate Annexation Agreement 15 The undersigned Landowner affirms that they have authority to enter into this Agreement and to bind themselves to this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first above written. LANDOWNER CANYON GATE INVESTORS, LLC a Montana limited liability company By: CANYON GATE PARTNERS, LLC a Montana limited liability company, its Managing Member __________________________________________ By: Andrew Holloran, Manager STATE OF _____________ ) :ss COUNTY OF ___________ ) On this ________ day of _______________, 202__, before me, the undersigned, a Notary Public for the State of , personally appeared Andrew Holloran, as Manager of Canyon Gate Partners, LLC, the Managing Member of Canyon Gate Investors, LLC, known to me to be the landowner that executed the within instrument, and acknowledged to me that they executed the same for and on behalf of landowner. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) _________________________________________ (Printed Name Here) Notary Public for the State of ___________ Residing at _______________________ My Commission Expires:____________ (Use 4 digits for expiration year) 151 Canyon Gate Annexation Agreement 16 CITY OF BOZEMAN ____________________________________ By: Jeff Mihelich, City Manager ATTEST: ________________________________ City Clerk STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On this _____ day of , 202__, before me, a Notary Public for the state of Montana, personally appeared Jeff Mihelich and Mike Maas, known to me to the persons described in and who executed the foregoing instrument as City Manager and City Clerk respectively, of the City of Bozeman, whose names are subscribed to the within instrument and acknowledged to me that they executed the same for and on behalf of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) _________________________________________ (Printed Name Here) Notary Public for the State of Montana Residing at _______________________ My Commission Expires:____________ (Use 4 digits for expiration year) 152 Canyon Gate Annexation Agreement 17 EXHIBIT “A” WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL DISTRICT OR SPECIAL IMPROVEMENT DISTRICTS CANYON GATE ANNEXATION The undersigned owner of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: Parcel 7B of Certificate of Survey No. 2408, less HWRW, according to the official Certificate of Survey thereof, recorded in the records of Gallatin County. IN CONSIDERATION of receiving approval for annexation of the subject property from the City of Bozeman, along with accompanying rights and privileges and for other and valuable consideration, the receipt of which is hereby acknowledged, and in recognition of the impacts to the streets and intersections set forth below which will be caused by the development of the above- described property, the owner has waived and does hereby waive for itself, its successors and assigns forever the right to protest the creation of one or more special districts or special improvement districts for the design and engineering, construction and maintenance of following improvements: 1. Street improvements to Story Mill Road between Boylan Road and the southern terminus of L Street including from the southern terminus of L Street south to and including Wallace Avenue to its intersection with East Tamarack Street (including the intersection of Wallace Avenue and East Tamarack Street)to include lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage; 2. Street improvements to Bridger Drive between Story Mill Road and Boylan Road as Boylan Road intersects with Bridger Drive at the Creekwood Subdivision including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage; and 3. Intersection improvements at Story Mill Road and Bridger Drive including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. 153 Canyon Gate Annexation Agreement 18 Landowner agrees the City has the sole right to control the design and construction of such improvements and may include any of the above components and others necessary to ensure such improvements comply with all adopted City infrastructure plans and requirements. Further, the Landowner waives its right or to make any written protest against the size or area or creation of the district be assessed in response to a duly passed resolution of intention to create one or more special improvement districts which would include the above-described property. In the event a special district or special improvement district is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by the City on the basis of the square footage of property, taxable valuation of the property, traffic contribution from the development or a combination thereof. Landowner understands and agrees that the City will choose creation of a SID or special district or an alternative financing method for the completion of the improvements and may use either financing option at any time. This waiver is made for the benefit of the property described herein shall be a covenant running with the land. The terms, covenants and provisions of this waiver shall extend to, and be binding upon the successors-in-interest and assigns of the Landowner. DATED this _____ day of _________________, 202__. LANDOWNER CANYON GATE INVESTORS, LLC a Montana limited liability company By: CANYON GATE PARTNERS, LLC a Montana limited liability company, its Managing Member __________________________________________ 154 Canyon Gate Annexation Agreement 19 By: Andrew Holloran, Manager STATE OF _____________ ) :ss COUNTY OF ___________ ) On this ________ day of _______________, 202__, before me, the undersigned, a Notary Public for the State of , personally appeared Andrew Holloran, as Manager of Canyon Gate Partners, LLC, the Managing Member of Canyon Gate Investors, LLC, known to me to be the landowner that executed the within instrument, and acknowledged to me that they executed the same for and on behalf of landowner. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) _________________________________________ (Printed Name Here) Notary Public for the State of _________ Residing at _______________________ My Commission Expires:____________ (Use 4 digits for expiration year) 155 Canyon Gate Annexation Agreement 20 EXHIBIT B - AMI Matrix 156 Page 1 of 4 RESOLUTION NO. 5363 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE ANNEXATION OF CERTAIN CONTIGUOUS TRACTS OF LAND, HEREINAFTER DESCRIBED, TO THE CORPORATE LIMITS OF THE CITY OF BOZEMAN AND THE EXTENSION OF THE BOUNDARIES OF THE CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACTS, KNOWN AS THE CANYON GATE ANNEXATION, APPLICATION 21337. WHEREAS, the City of Bozeman received a petition for annexation from Canyon Gate Investors, LLC requesting the City Commission to extend the boundaries of the City of Bozeman so as to include an area of land containing approximately 25.42 acres, located northeast of the corner of Story Mill Road and Bridger Canyon Drive; and WHEREAS, an annexation staff report was prepared in accordance with the Commission's goals and policies for annexation and was presented to the Commission on December 21, 2021; and WHEREAS, a public meeting on said annexation petition was duly noticed and held on December 21, 2021; and WHEREAS, on December 21, 2021, the Commission received the executed annexation agreement addressing all recommended terms of annexation; and WHEREAS, the provision of available services, including, but not limited to, streets, rights-of-way, easements, water rights or cash-in-lieu, waivers of protest against creation of SID's, 157 Resolution 5363, 2021 Canyon Gate Annexation Page 2 of 4 and water and sewer hookup fees, to said contiguous tracts as described is the subject of a written agreement between the City and the Landowner; and WHEREAS, the Bozeman City Commission hereby finds that the annexation of this contiguous tract is in the best interests of the City of Bozeman and the inhabitants/owners thereof. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that: Section 1 That it is hereby declared that, pursuant to Title 7, Chapter 2, Part 46, Mont. Codes Ann., the following-described property, which is contiguous to the municipal boundaries of the City of Bozeman, be annexed to the City of Bozeman and that the boundaries of said City shall be extended so as to embrace and include such approximately 25.42 acres, to wit: Legal Description A tract of land described as: Tract 7B of COS 2408, less MDT ROW as shown within Deed Document #2685083, and the Westerly 33.34 feet of Lot 45 and Lots 46 and 47 of Mount Baldy Subdivision, less MDT ROW as shown within Deed Document #2691572; and MDT ROW parcels #129, #139, #146 and a portion of #147; and a 40 Foot ROW Tract dedicated Per Osborne Subdivision Plat H-47; located within portions of the South East One Quarter of Section 31 and the South West One Quarter of Section 32, Township 1 South, Range 6 East, Principal Meridian Montana, Gallatin County, Montana, and more particularly described as follows: Beginning at a point (P.O.B), which is the North West Corner of said COS No. 2408 and a point on the N/S line between Sections 31 and 32 of said Township and Range and the centerline of Story Mill Road;  thence, S 88° 15' 30" E, along the south boundary of Legends at Bridger Creek Subdivision and the north boundary of said Tract 7B, a distance of 1314.68 feet to a point being the North East corner of said Tract 7B;  thence, along the east line of Tract 7B, also the West line of Legends at Bridger Creek Subdivision II, Phase 1, S 00° 06' 32" W, a distance of 650.92 feet to a point on said lines;  thence, along said lines, S 01° 47' 33" W, a distance of 62.90 feet to a point being the SE corner of said Tract 7B; 158 Resolution 5363, 2021 Canyon Gate Annexation Page 3 of 4  thence, N 88° 19' 21" W, along the North Line of MT. Baldy Subdivision and the South line of said Tract 7B, a distance of 817.12 feet to the NE corner of the West 33.34 feet of Lot 45 of the MT. Baldy Subdivision;  thence, S 01° 44' 26" W, along the east line of said Lot, a distance of 260.01 feet to a point;  thence, N 88° 17' 19" W, a distance of 491.61 feet to a point on the line between said Sections 31 and 32 (aka the center line of Story Mill Road);  thence, N 00° 18' 18" E, along said section line (aka, centerline of said Story Mill Road) and the west line of said Tract 7B, a distance of 321.72 feet to a point;  thence, leaving said centerline and West line of said Tract 7B, N 89° 28' 21" W, a distance of 40.00 feet to a point being the SE ROW corner of Tract D of the Osborne subdivision;  thence, along said east ROW and lines of Tracts A, B, C and D of said Osborne Subdivision, N 00° 18' 18" E, a distance of 652.19 feet to a point being the NE corner of said Tract A of said subdivision and the south ROW of Boylan Road;  thence along said south ROW, N 88° 53' 53" E, a distance of 40.01 feet to the P.O.B. Said area being 1,094,594 square feet or 25.13 acres more or less, along with and subject to all easements of record. All as shown on the Canyon Gate Annexation map. Section 2 The effective date of this annexation is December 22, 2021. 159 Resolution 5363, 2021 Canyon Gate Annexation Page 4 of 4 PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 21st day of December, 2021. ___________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 160 Ord 2099 Page 1 of 8 ORDINANCE 2099 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY DESIGNATE 4.90 ACRES AS R-5, RESIDENTIAL MIXED USE HIGH DENSITY DISTRICT, 9.70 ACRES AS R-3, RESIDENTIAL MEDIUM DENSITY DISTRICT, 9.69 ACRES AS B-2M, COMMUNITY BUSINESS DISTRICT – MIXED, AND 1.62 ACRES AS REMU, RESIDENTIAL EMPHASIS MIXED USE DISTRICT, CANYON GATE ANNEXATION ZONE MAP AMENDMENT, APPLICATION 21137. WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps if a public hearing is held and official notice is provided; and WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct a public hearing and submit a report to the City Commission for all zoning map amendment requests; and WHEREAS, the City of Bozeman Zoning Commission has been created by Section 2.05.2700, BMC as provided for in Section 76-2-307, M.C.A.; and WHEREAS, Chapter 38, Article 2 of the Bozeman Unified Development Code sets forth the procedures and review criteria for zoning map amendments; and WHEREAS, after proper notice, the Bozeman Zoning Commission held a public hearing on November 22, 2021 to receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City Commission that application No. 21137, the Canyon Gate Annexation Zone Map Amendment, be denied as requested by the applicant; and 161 Ordinance No. 2099, Canyon Gate Annexation Zone Map Amendments Page 2 of 8 WHEREAS, after proper notice, the City Commission held its public hearing on December 21, 2021, to receive and review all written and oral testimony on the request for the zone map amendment; and WHEREAS, the City Commission has reviewed and considered the zone map amendment criteria established in Section 76-2-304, M.C.A., and found that the proposed zone map amendment would be in compliance with the criteria. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 Legislative Findings The City Commission hereby makes the following findings in support of adoption of this Ordinance: 1. The City adopted a growth policy, the Bozeman Community Plan 2020, by Resolution 5133 to establish policies for development of the community including zoning; 2. The Bozeman Community Plan 2020, Chapter 5, sets forth the policies by which the City reviews and applies the criteria for amendment of zoning established in 76-3-304, MCA; 3. Zoning, including amendments to the zoning map, must be in accordance with an adopted growth policy; 4. A staff report analyzing the required criteria for a zone map amendment, including accordance to the Bozeman Community Plan 2020, found that the required criteria are satisfied; 5. The two required public hearings were advertised as required in state law and municipal code and all persons have had opportunity to review the materials applicable to the application and provide comment prior to a decision; 6. The Bozeman Zoning Commission has been established as required in state law and conducted their required public hearing; and after consideration of application materials, staff analysis and report, and all submitted public comment recommended denial of the requested R-3, R-5, B-2M, and REMU districts. 162 Ordinance No. 2099, Canyon Gate Annexation Zone Map Amendments Page 3 of 8 7. The City Commission conducted a public hearing to provide all interested parties the opportunity to provide evidence and testimony regarding the proposed amendment prior to the City Commission acting on the application. 8. The City Commission considered the application materials, staff analysis and report, Zoning Commission recommendation, all submitted public comment, and all other relevant information. 9. The City Commission determines that, as set forth in the staff report and incorporating the staff findings as part of their decision, the required criteria for approval of Application No. 21137 the Canyon Gate Annexation Zone Map Amendment have been satisfied. Section 2 That the zoning district designation of the following-described property is hereby established as R-3, Residential Medium Density District: The property is described as: A tract of land described as a portion of Tract 7B of COS 2408, less MDT ROW as shown within Deed Document #2685083 located within portions of the Southwest One Quarter of Section 32, Township 1 South, Range 6 East, Principal Meridian Montana, Gallatin County, Montana, and more particularly described as follows: Beginning at a point (P.O.B) on the North line of said Tract 7B. that bears S 88° 15' 30" E, a distance of 389.11 feet from a point on the line between said Section 31 and 32 (aka the centerline of Story Mill Road), which is also the Northwest corner of said Tract 7B; • thence, S 88° 15' 30" E, along the north line of said Tract 7B, a distance of 925.57 feet to the North East corner of said Tract 7B; • thence, S 00° 06' 32" W, along the east line of said Tract 7B, a distance of 650.92 feet to a point; • thence, continuing along said line, S 01° 47' 33" W, a distance of 62.90 feet to the South East corner of said Tract 7B and the NE corner of Lot 29 of the MT. Baldy Subdivision (Plat F-10); • thence, along the line common to said Tract 7B and MT. Baldy Subdivision, N 88° 19' 21" W, a distance of 817.12 feet to a point that is the NE corner of the West 33.34' of Lot 45 of said subdivision; • thence, leaving said lines, N 01° 44' 26" E, a distance of 230.00 feet to a point; • thence, S 88° 19' 21" E, a distance of 620.70 feet to a point; • thence, N 00° 18' 18" E, a distance of 289.87 feet to a point; 163 Ordinance No. 2099, Canyon Gate Annexation Zone Map Amendments Page 4 of 8 • thence, N 88° 15' 30" W, a distance of 735.51 feet to a point; • thence N 00° 18' 18" E, a distance of 194.06 feet to the P.O.B. Said area being 422,569 square feet or 9.70 acres more or less, along with and subject to all easements of record. All as depicted on the Canyon Gate Annexation Zone Map Amendment Zone Map Amendment Map. Section 3 That the zoning district designation of the following-described property is hereby established as R-5, Residential Mixed Use High Density District: The property is described as: A tract of land described as a portion of Tract 7B of COS 2408, less MDT ROW as shown within Deed Document #2685083, located within portions of the Southwest One Quarter of Section 32, Township 1 South, Range 6 East, Principal Meridian Montana, Gallatin County, Montana, and more particularly described as follows: Beginning at a point (P.O.B 1) which bears S 00° 18' 18" W, a distance of 194.06 feet from the P.O.B. of R-3 Zoning; • thence, S 88° 15' 30" E, a distance of 735.51 feet to a point; • thence, S 00° 18' 18" W, a distance of 289.87 feet to a point; • thence, N 88° 19' 21" W, a distance of 735.49 feet to a point; • thence N 00° 18' 18" E, a distance of 290.69 feet to the P.O.B 1. Said area being 213,437 square feet or 4.90 acres more or less, along with and subject to all easements of record. All as depicted on the Canyon Gate Annexation Zone Map Amendment Zone Map Amendment Map. Section 4 That the zoning district designation of the following-described property is hereby established as REMU, Residential Emphasis Mixed Use District: A tract of land described as: a portion of Tract 7B of COS 2408, less MDT ROW as shown within Deed Document #2685083, and the Westerly 33.34 feet of Lot 45 and Lots 46 and 47 of Mount Baldy Subdivision, less MDT ROW as shown within Deed Document #2691572; and 164 Ordinance No. 2099, Canyon Gate Annexation Zone Map Amendments Page 5 of 8 MDT ROW parcel #146 and a portion of parcel #147; and a portion of MDT ROW North of the centerline of Bridger Drive, located within portions of the South West One Quarter of Section 32, Township 1 South, Range 6 East, Principal Meridian Montana, Gallatin County, Montana, and more particularly described as follows: Beginning at a point (P.O.B 2) which is the Northwest Corner of Lot 47 of the MT. Baldy Subdivision (Plat F-10); • thence, N 01° 43' 59" E, a distance of 230.00 feet to a point; • thence, S 88° 19' 21" E, a distance of 133.43 feet to a point; • thence, S 01° 44' 26" W, a distance of 230.00 feet to the NE corner of the W 33.34' of Lot 45 of said Subdivision; • thence along a portion of the East line of said Lot 45, S 01° 44' 26" W, a distance of 300.01 feet to the Centerline of Bridger Drive; • thence, N 88° 17' 19" W, along said Bridger Drive, a distance of 133.36 feet to a point; • thence leaving said Bridger Drive and along a portion of the West line of said Lot 47, N 01° 43' 59" E, a distance of 299.94 feet to the P.O.B. 2. Said area being 70,697 square feet or 1.62 acres more or less, along with and subject to all easements of record. All as depicted on the Canyon Gate Annexation Zone Map Amendment Zone Map Amendment Map. Section 5 That the zoning district designation of the following-described property is hereby established as B-2M, Community Business District - Mixed: The property is described as: A tract of land described as: a portion of Tract 7B of COS 2408, less MDT ROW as shown within Deed Document #2685083; and MDT ROW parcels #129 and #139; and a portion of MDT ROW North of the centerline of Bridger Drive; and a 40 foot wide ROW/Easement West of the centerline of Story Mill Road that runs through Tract A of COS 1518; and a 40 Foot ROW Tract dedicated Per Osborne Subdivision Plat H-47; located within portions of the South East One Quarter of Section 31 and the South West One Quarter of Section 32, Township 1 South, Range 6 East, Principal Meridian Montana, Gallatin County, Montana, and more particularly described as follows: Beginning at a point (P.O.B 3), which is a point on the line between said Sections 31 and 32 (aka centerline of Story Mill Road), and the Northwest corner of said Tract 7B; • thence, S 88° 15' 30" E, along the north line of said Tract 7B, a distance of 389.11 feet to a point; 165 Ordinance No. 2099, Canyon Gate Annexation Zone Map Amendments Page 6 of 8 • thence, leaving said line of Tract 7B, S 00° 18' 18" W, a distance of 484.75 feet to a point; • thence, N 88° 19' 21" W, a distance of 18.64 feet to a point; • thence, S 01° 43' 59" W, a distance of 230.00 feet to the NW corner of Lot 47 of the MT. Baldy Subdivision (Plat F-10); • thence, S 01° 43' 59" W, a distance of 299.94 feet along a portion of the West line of Lot 47 of the MT. Baldy Subdivision (Plat F-10) to a point on the centerline of Bridger Drive; • thence, N 88° 17' 19" W, , along said centerline of Bridger Drive, a distance of 357.25 feet to the intersection of said Bridger Drive and a point on the line between said Sections 31 and 32 (aka the centerline of Story Mill Road); • thence, leaving said intersection and continuing along the said centerline of Bridger drive, S 88° 30' 52" W, a distance of 40.01 feet to a point; • thence, leaving said centerline, N 00° 18' 18" E, a distance of 40.01 feet to the intersection of the North ROW of said Bridger Drive and the West ROW/Easement line of Story Mill Road; • thence, leaving said Bridger Drive ROW and continuing along said West ROW/Easement line through Tract A of COS 1518, N 00° 18' 18" E, a distance of 321.05 feet to a point being the said West ROW and the Southeast ROW corner of Tract D of the Osborne Subdivision; • thence along said West ROW of Story Mill Road and along the East boundary line of Tracts A, B, C and D of said Osborne Subdivision, N 00° 18' 18" E, a distance of 652.19 feet to a point being the NE corner of said Tract A of said subdivision and the intersection of the West ROW of Story Mill road and the south ROW of Boylan Road; • thence along said south ROW, N 88° 53' 53" E, a distance of 40.01 feet to the P.O.B. 3. Said area being 421,992 square feet or 9.69 acres more or less, along with and subject to all easements of record. All as depicted on the Canyon Gate Annexation Zone Map Amendment Zone Map Amendment Map. Section 6 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. 166 Ordinance No. 2099, Canyon Gate Annexation Zone Map Amendments Page 7 of 8 Section 7 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 8 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 9 Codification. This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a disposition list in numerical order with all other ordinances of the City and shall be organized in a category entitled “Zone Map Amendments.” Section 10 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 21st day of September 2021. ____________________________________ CYNTHIA L. ANDRUS Mayor 167 Ordinance No. 2099, Canyon Gate Annexation Zone Map Amendments Page 8 of 8 ATTEST: ____________________________________ MIKE MAAS City Clerk FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of ____________________, 2021. The effective date of this ordinance is ____, ______________, 2021. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 168 CANYON GATE ANNEXATION MAP PROPERTY DESCRIPTION A tract of land described as: Tract 7B of COS 2408, less MDT ROW as shown within Deed Document #2685083, and the Westerly 33.34 feet of Lot 45 and Lots 46 and 47 of Mount Baldy Subdivision, less MDT ROW as shown within Deed Document #2691572; and MDT ROW parcels #129, #139, #146 and a portion of #147; and a 40 Foot ROW Tract dedicated Per Osborne Subdivision Plat H-47; and the West ROW of Story Mill Road within Tract A of COS 1815, all located within portions of the South East One Quarter of Section 31 and the South West One Quarter of Section 32, Township 1 South, Range 6 East, Principal Meridian Montana, Gallatin County, Montana, and more particularly described as follows: Beginning at a point (P.O.B), which is the Northwest Corner of said COS No. 2408 and a point on the N/S line between Sections 31 and 32 of said Township and Range and the centerline of Story Mill Road. thence, S 88° 15' 30" E, along the south boundary of Legends at Bridger Creek Subdivision and the north boundary of said Tract 7B, a distance of 1314.68 feet to a point being the Northeast corner of said Tract 7B; thence, along the east line of Tract 7B, also the West line of Legends at Bridger Creek Subdivision II, Phase 1, S 00° 06' 32" W, a distance of 650.92 feet to a point on said line; thence, along said lines, S 01° 47' 33" W, a distance of 62.90 feet to a point being the SE corner of said Tract 7B;] thence, N 88° 19' 21" W, along the North Line of MT. Baldy Subdivision and the South line of said Tract 7B, a distance of 817.12 feet to the NE corner of the West 33.34 feet of Lot 45 of the MT. Baldy subdivision; thence, S 01° 44' 26" W, along the east line of said Lot, a distance of 260.01 feet to a point; thence, N 88° 17' 19" W, a distance of 491.61 feet to a point on the line between said Sections 31 and 32 (aka the center line of Story Mill Road); thence, leaving said section line and along the North ROW of Bridger Drive being the South boundary of Tract A of COS 1815, N 88° 30' 52" E, a distance of 40.01 feet a point at the intersection of said ROW, South Line and the West 40' ROW of said Story Mill Road; thence, leaving said Bridger Drive ROW and continuing N 00° 18' 18" E, a distance of 321.05 feet along said West ROW of Story Mill Road and through Tract A of COS 1518 to a point being the said West ROW and the Southeast ROW corner of Tract D of the Osborne Subdivision; thence along said West ROW of Story Mill Road and along the East boundary line of Tracts A, B, C and D of said Osborne Subdivision, N 00° 18' 18" E, a distance of 652.19 feet to a point being the NE corner of said Tract A of said subdivision and the intersection of the West ROW of Story Mill Road and the south ROW of Boylan Road; thence along said south ROW, N 88° 53' 53" E, a distance of 40.01 feet to the P.O.B. Said area being 1,107,450 square feet or 25.42 acres more or less, along with and subject to all easements of record. 169 170 171 CANYON GATE ZONE MAP AMENDMENT R-3 ZONING A tract of land described as a portion of Tract 7B of COS 2408, less MDT ROW as shown within Deed Document #2685083 located within portions of the Southwest One Quarter of Section 32, Township 1 South, Range 6 East, Principal Meridian Montana, Gallatin County, Montana, and more particularly described as follows: Beginning at a point (P.O.B) on the North line of said Tract 7B. that bears S 88° 15' 30" E, a distance of 389.11 feet from a point on the line between said Section 31 and 32 (aka the centerline of Story Mill Road), which is also the Northwest corner of said Tract 7B; thence, S 88° 15' 30" E, along the north line of said Tract 7B, a distance of 925.57 feet to the North East corner of said Tract 7B; thence, S 00° 06' 32" W, along the east line of said Tract 7B, a distance of 650.92 feet to a point; thence, continuing along said line, S 01° 47' 33" W, a distance of 62.90 feet to the South East corner of said Tract 7B and the NE corner of Lot 29 of the MT. Baldy Subdivision (Plat F-10); thence, along the line common to said Tract 7B and MT. Baldy Subdivision, N 88° 19' 21" W, a distance of 817.12 feet to a point that is the NE corner of the West 33.34' of Lot 45 of said subdivision; thence, leaving said lines, N 01° 44' 26" E, a distance of 230.00 feet to a point; thence, S 88° 19' 21" E, a distance of 620.70 feet to a point; thence, N 00° 18' 18" E, a distance of 289.87 feet to a point; thence, N 88° 15' 30" W, a distance of 735.51 feet to a point; thence, N 00° 18' 18" E, a distance of 194.06 feet to the P.O.B. Said area being 422,569 square feet or 9.70 acres more or less, along with and subject to all easements of record. R-5 ZONING A tract of land described as a portion of Tract 7B of COS 2408, less MDT ROW as shown within Deed Document #2685083, located within portions of the Southwest One Quarter of Section 32, Township 1 South, Range 6 East, Principal Meridian Montana, Gallatin County, Montana, and more particularly described as follows: Beginning at a point (P.O.B 1). which bears S 00° 18' 18" W, a distance of 194.06 feet from the P.O.B. of R-3 Zoning; thence, S 88° 15' 30" E, a distance of 735.51 feet to a point; thence, S 00° 18' 18" W, a distance of 289.87 feet to a point; thence, N 88° 19' 21" W, a distance of 735.49 feet to a point; thence, N 00° 18' 18" E, a distance of 290.69 feet to the P.O.B 1. Said area being 213,437 square feet or 4.90 acres more or less, along with and subject to all easements of record. 172 REMU ZONING A tract of land described as: a portion of Tract 7B of COS 2408, less MDT ROW as shown within Deed Document #2685083, and the Westerly 33.34 feet of Lot 45 and Lots 46 and 47 of Mount Baldy Subdivision, less MDT ROW as shown within Deed Document #2691572; and MDT ROW parcel #146 and a portion of parcel #147; and a portion of MDT ROW North of the centerline of Bridger Drive, located within portions of the South West One Quarter of Section 32, Township 1 South, Range 6 East, Principal Meridian Montana, Gallatin County, Montana, and more particularly described as follows: Beginning at a point (P.O.B 2). which is the Northwest Corner of Lot 47 of the MT. Baldy Subdivision (Plat F-10); thence, N 01° 43' 59" E, a distance of 230.00 feet to a point; thence, S 88° 19' 21" E, a distance of 133.43 feet to a point; thence, S 01° 44' 26" W, a distance of 230.00 feet to the NE corner of the W 33.34' of Lot 45 of said Subdivision; thence along a portion of the East line of said Lot 45, S 01° 44' 26" W, a distance of 300.01 feet to the Centerline of Bridger Drive; thence, N 88° 17' 19" W, along said Bridger Drive, a distance of 133.36 feet to a point; thence, leaving said Bridger Drive and along a portion of the West line of said Lot 47, N 01° 43' 59" E, a distance of 299.94 feet to the P.O.B. 2. Said area being 70,697 square feet or 1.62 acres more or less, along with and subject to all easements of record. 173 B-2M ZONING A tract of land described as: a portion of Tract 7B of COS 2408, less MDT ROW as shown within Deed Document #2685083; and MDT ROW parcels #129 and #139; and a portion of MDT ROW North of the centerline of Bridger Drive; and a 40 foot wide ROW/Easement West of the centerline of Story Mill Road that runs through Tract A of COS 1518; and a 40 Foot ROW Tract dedicated Per Osborne Subdivision Plat H-47; located within portions of the South East One Quarter of Section 31 and the South West One Quarter of Section 32, Township 1 South, Range 6 East, Principal Meridian Montana, Gallatin County, Montana, and more particularly described as follows: Beginning at a point (P.O.B 3), which is a point on the line between said Sections 31 and 32 (aka centerline of Story Mill Road), and the Northwest corner of said Tract 7B; thence, S 88° 15' 30" E, along the north line of said Tract 7B, a distance of 389.11 feet to a point; thence, leaving said line of Tract 7B, S 00° 18' 18" W, a distance of 484.75 feet to a point; thence, N 88° 19' 21" W, a distance of 18.64 feet to a point; thence, S 01° 43' 59" W, a distance of 230.00 feet to the NW corner of Lot 47 of the MT. Baldy Subdivision (Plat F-10); thence, S 01° 43' 59" W, a distance of 299.94 feet along a portion of the West line of Lot 47 of the MT. Baldy Subdivision (Plat F-10) to a point on the centerline of Bridger Drive; thence, N 88° 17' 19" W, , along said centerline of Bridger Drive, a distance of 357.25 feet to the intersection of said Bridger Drive and a point on the line between said Sections 31 and 32 (aka the centerline of Story Mill Road); thence, leaving said intersection and continuing along the said centerline of Bridger drive, S 88° 30' 52" W, a distance of 40.01 feet to a point; thence, leaving said centerline, N 00° 18' 18" E, a distance of 40.01 feet to the intersection of the North ROW of said Bridger Drive and the West ROW/Easement line of Story Mill Road; thence, leaving said Bridger Drive ROW and continuing along said West ROW/Easement line through Tract A of COS 1518, N 00° 18' 18" E, a distance of 321.05 feet to a point being the said West ROW and the Southeast ROW corner of Tract D of the Osborne Subdivision; thence along said West ROW of Story Mill Road and along the East boundary line of Tracts A, B, C and D of said Osborne Subdivision, N 00° 18' 18" E, a distance of 652.19 feet to a point being the NE corner of said Tract A of said subdivision and the intersection of the West ROW of Story Mill road and the south ROW of Boylan Road; thence along said south ROW, N 88° 53' 53" E, a distance of 40.01 feet to the P.O.B. 3. Said area being 421,992 square feet or 9.69 acres more or less, along with and subject to all easements of record. 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 Canyon Gate Annexation and Zone Map Amendment Comment/Protest Tracking Application 21337 Comment NumberCommentor Name Address Identify Application Within 150' List Physical address List Physical address Qualified Protest 168 Adam Davis No Yes 137 Aleksi Rapkin No Yes 167 Alisa Boyd No Yes 115 Alison Bayr No Yes 166 Alison Bayr No Yes 145 Amanda House No Yes 202 Andrew Gault No Yes 169 Angela Patnode No Yes 201 Ann Burgess No Yes 199 Anne Banks No Yes 76 Anne Cantrell Yes Yes 1847 Chippewa Ln 14 Anne Sexton Bryan No No 200 Anthony Biel Yes Yes 1054 Boylan Rd 170 Arlene Tonon Yes Yes 1705 Medicine Wheel 203 Arletta Van Breda No Yes 98 Barbara Kuhlemeier Yes Yes 1724 Midfield Street 56 Ben Davidson Yes No 1758 Midfield St. 78 Ben Davidson Yes No 1758 Midfield St. 116 Ben Grover No Yes 242 Ben Yeomans No No 138 Benjamin & Susan Stevens No Yes 290 Benjamin & Susan Stevens No No 208 Beth Sirr No No 209 Betty Stroock Yes Yes 1350 Story Mill Rd 77 Brad Bates No No 119 Brad Bates No Yes 57 Brad Deats No Yes 205 Brandon Moore No No 64 Brian & Mary Harrison No No 189 204 Brian Harrison Yes Yes 2540 Kootenai Court 207 Brigitte Schulze Marinez Yes No 2245 Deer Park Ct 130 Brittney Murphy No Yes 120 Bruce Enger Yes Yes 7 Bruce Smith No No 51 Caiseal Orsini No No 172 Caleigh Searle No No 139 Carie Omland No Yes 283 Carie Omland Yes Yes 1593 Maiden Spirit 284 Carie Omland Yes Yes 1593 Maiden Spirit 8 Carrie Then No No 173 Carrie Then No No 272 Carsten Bahnson Yes Yes 1348 Boylan Rd 244 Catherine Ebelke Yes Yes 1280 Story Mill Rd 50 Cathleen Dee Yes Yes 10 E. Beall 159 Cathy Gnehm Spencer No Yes 26 cathygarst@gmail.comNo Yes 256 Chris & Susan Miller No Yes 44 Chris Cooper No No 131 Chris Murphy No Yes 58 Chris O'Connor No Yes 100 Chris Omland No Yes 59 Christine Roberts Yes Yes 1470 Boylan Rd 210 Christopher Bayr No Yes 243 Christopher Bayr No Yes 276 Cindy Linkenbach Yes Yes 3125 Augusta Dr 79 Claire Crane No Yes 171 Claire Crane No Yes 16 Clara Pincus No No 121 Cody Hood No Yes 15 Collette Brooks-Hops No No 99 Connie Limesand No ? 31 Corrina Benjamin No No 65 Daniel Kaveney Yes Yes 1495 Boylan Rd. 190 132 Daniel Kaveney Yes Yes 1496 Boylan Rd 101 Daniel Gaugler Yes Yes 1588 Boyland Rd. 122 Daniel Gaugler Yes Yes ? 1588 Boylan Rd.? 245 Daniel Gaugler Yes Yes 1588 Boylan Rd 175 Daniel Kaveney Yes Yes 1496 Boylan Rd 265 Daniel Kaveney Yes Yes 1496 Boylan Rd 66 Daniel McNulty No No 80 Dash Rodman No Yes 3 David Harvey No Yes Legends 3 David Harvey No Yes Legends 251 David Sovulewski & Pamela Roberts No Yes 144 Dawn Poindexter Yes No 585 Bridger Woods Dr. 275 Dayna Bergin No Yes 67 Dean McSweeney Yes Yes 1917 Boylan Rd. 102 Dean McSweeney No Yes 174 Deb Cades No No 17 Debbie Boom No No 280 Debby Greene No Yes 176 Debra McNeill Yes ? 2512 Valhalla Court 32 Dennis Erickson No No 68 Diana Sauther Yes Yes 1865 Boylan Rd. 146 Diane Dietsch No Yes 160 Diane Dietsch No Yes 161 Diane Sheehan Egnatz Yes Yes 1268 Boylan 212 Diane Sheehan Egnatz Yes Yes 1268 Boylan Rd 211 Dillon Downs No Yes 246 Don Jackson Yes Yes 1280 Story Mill Rd 257 Don Jackson Yes Yes 181 Ed Wrzensinski Yes ? 2512 Valhalla Court 33 Eleanor Barker No No 191 258 Eleanor Clark No Yes 104 Elita Jenkins No Yes 123 Elizabeth Darrow Yes Yes No 177 Ellen Guettler Yes Yes 1521 Bridger Drive 178 Ellen Guettler No Yes 91 Emily Mason No No 179 Emily Mason No Yes 103 Emma Crickmer No No 82 Emma Sirr No No 214 Emma Sirr No Yes 180 Erik Nyquist Yes Yes 1995 Boylan Road 213 Erika & Kase Cannon Yes Yes 2247 Bucks Run Ct 81 Evan Center Yes Yes 1700 Medicine Wheel Ln. 143 Evan Center Yes Yes 1700 Medicine Wheel Lane 18 Frances Lefcort No No 259 Frank Carter III No Yes 182 Fraulein Jaffe No Yes 157 Frederic Scheer Yes Yes 5 West - Ste. 202 19 Gail Gettler No No 285 Gallik, Bremer, & Molloy No Yes 20 Gary O'Donnel No No 215 Glenn Chamberlain Yes Yes 1821 Bridger Dr 105 Greg Swica No Yes 92 Heather Jernberg No Yes 274 Hillary Wernlund No No 269 J. Williams 154 Jack Sandford No Yes 1 James F Van Ness Jr No Yes 140 James F Van Ness Jr No Yes 286 James Russell Williams Jr.Yes Yes 1705 Bridger Dr 106 Jane Klockman Yes No 262 Jane Roberts Yes Yes 1450 Boylan Rd 124 Jason Tanguay Yes Yes ?2351 Boylan ? 83 Jeanette Calarco Yes Yes 2310 Boylan Rd. 192 183 Jennifer Gullett No No 107 Jennifer Swica No No 254 Jes Falvey No No 52 Jesse Vanscoy No Yes 216 Jessica Feltner No Yes 1002 Boylan 69 Joe Clark No No 21 John Backes No No 277 John Preston Yes No 409 S Bozeman Ave 184 John Zarndt No No 162 Jonathan Newman & Marilee Simons No Yes 45 Joni Diehl No No 27 Juliene Sinclair No No 108 Kaitlin Raven No Yes 35 Kareen Erbee No No 10 Karen Mitchell No No 34 Karen Mitchell No Yes 247 Karen Shyne Yes Yes 3105 Augusta 219 Karin Jennings Yes No 1075 Boylan 36 Kate Moore No Name 37 Kate Walker No Yes 109 Kate Walker No Yes 9 Katharyn Lowman No No 273 Kathleen Foley No Yes 185 Katie Distin No Yes 187 Katie McLain No No 11 Katie Ryan No No 255 Kenneth Danhof No No 186 Kevin Guettler No Yes 218 Kimberly Graham No Yes 71 Kimberly Karsh No Yes 70 Kristen Davidson Yes No 1758 Midfield St 217 Kristen Day No Yes 22 Kristi Chester Vance No No 155 Kyle Gooch Yes Yes 2296 Boylan Rd 53 Larry Barnard No No 28 Larry Boles No No 271 Lauren Van Zant No No 148 Laurie Wallace No Yes 72 Leilani DelDuca Yes No 1405 Bridger Dr. 193 188 Leilani DelDuca Yes Yes x 1405 Bridger Dr.x 289 Leilani DelDuca Yes No 1405 Bridger Dr 125 Leo Crane No Yes 38 Liz Ann Kudrna Yes No 150 Lori Yurga & Bruce Bell Yes Yes 1782 Medicine Wheel Lane 152 Lori Yurga & Bruce Bell Yes Yes 1782 Medicine Wheel Lane 252 Lynn Kirtley No Yes 135 Lyons Family No Yes 268 M. McCormick 270 M. Stageman 12 Malcolm Kay No No 85 Marcia Kaveney Yes Yes 1496 Boylan Rd. 191 Marcia Kaveney Yes Yes 1496 Boylan Rd 192 Marcia Kaveney Yes Yes 1497 Boylan Rd 60 Marcia Lertiz No Yes 260 Maria Hawkins No No 149 Maria Nash No No 190 Marianne Cochran No Yes 249 Marie Jones Yes Yes 1382 Headlands Dr 248 Marilyn Collins Yes Yes 1509 Bridger Dr 222 Mark Lusch & Lucy Bikulcs Yes No 2417 Par Ct 164 Mark Spencer Yes Yes 4112 Graf 221 Martha Hopkins Yes Yes 1054 Boylan 117 Mary Lane No Yes 225 Mary Tennile No Yes 86 Mary Wictor Yes Yes 1504 Boylan Rd. 133 Mary Wictor Yes Yes 1504 Boylan Rd 253 Mary Wictor Yes Yes 1504 Boylan 250 Matthew Kraska Yes Yes 2218 Snow Flake Ct 23 Meaghann Gaffney No No 73 Meredith Hood No No 194 93 Michael and Beth Sirr Yes No 1290 Story Mill 193 Michael Kurtz Yes Yes 2558 Maiden Star Lane 141 Michael McCormick No Yes 163 Michael Sirr No Yes 220 Mikal Begnoche No Yes 24 Mike Herring No No 224 Mike Schaub Yes Yes 2501 Putter Ct 87 Mike Wiseman Yes Yes 1465 Maiden Spirit Dr. 223 Miles Nolte No Yes 5 Molly Casto Yes Yes 1451 Maiden Spirit 84 Molly Casto Yes Yes 1451 Maiden Spirit Street 189 Molly Casto Yes Yes 1451 Maiden Spirit 110 Nancy & Leslie Snively No Yes 158 Nancy & Leslie Snively Yes Yes 2571 Maiden star Lane 29 Nancy Cornwell No No 142 Nancy Cornwell No Yes 129 Nathan Hofferber No Yes 94 Nicholas Drew Yes Yes 1394 Boylan Rd. 112 Nicholas Drew No Yes 194 Nicholas Drew No Yes 39 Nicole McChesney No No 54 Noah Poritz No No 263 Nolan Sit No No 95 Orville Bach No No 226 Orville Bach Yes Yes 197 Lamplight 227 Page Armstrong Yes No 2226 Powder Park Ct 46 Patricia Cosgrove No No 195 Patricia Hicko No No 134 Patrick Miller Yes Yes 2537 Weeping Rock Ln 287 Patrick Miller Yes Yes 2537 Weeping Rock Ln 195 229 Patsy Culver Yes Yes 1778 Medicine Wheel 228 Paul Colella No No 230 Paul Dinkins Yes Yes 2122 Boylan Rd 2 Paul Lundin No Yes 25 Paula Mozen No No 261 Paula Mozen No Yes 74 Pete MacFayden Yes Yes 1825 Chippewa Ln 231 Pete MacFayden No No 196 Pete Oliver Yes Yes 413 N Wallace 47 Peter Foley No Yes 96 Ping and Marcia Oliver Yes ? 2494 Spirit Crossing Lane 282 Richard Bakker Yes Yes 1470 Boylan Rd 278 Richard Brown No No 279 Richard Brown No No 288 Robert & Michelle Trapa Yes Yes 2562 Weeping Rock Ln 61 Robert Detrick Yes Yes 2545 Spirit Crossing Ln. 63 Robert Herz Yes No 1163 Pinnacle Star Rd. 88 Robert Herz Yes No 1163 Pinnacle Star Rd. 206 Robert O'Driscoll Yes Yes 2344 Boylan Rd 233 Robert Sain Yes No 2514 Putter Ct 281 Roger Nelson Yes Yes 514 E Cottonwood 232 Rufus & Margaret Cone Yes Yes 1413 Bridger Dr 97 Ryan Galloway No No 136 Salim Ani Yes Yes 2428 Creekwood 198 Sandy Erickson No No 165 Sanna Oliver Yes Yes 413 N Wallace 196 126 Sarah Annarella Yes Yes ? 1468 Maiden Spirit St.? 4 Sean Casto Yes Yes 1451 Maiden Spirit 5 Sean Casto Yes Yes 1451 Maiden Spirit 113 Sean Casto Yes Yes ?? 235 Sean Casto Yes Yes ? 1451 Maiden Spirit Sig 264 Sean Casto Yes Yes 1451 Maiden Spirit 90 Sean Ostrowski No No 197 Sharleen Carraway No No 236 Sharon Growney No Yes 62 Shawna Wade No Yes 40 Sheridan Jones No No 127 Sheridan Jones Yes Yes ? 2563 Maiden Star ? 13 Stephen Shore No No 41 Stephen Wolf No No 151 Stephen Wolf & Sheridan Jones Yes Yes 2563 Maiden Star Lane 156 Stephen Wolf & Sheridan Jones Yes Yes 2563 Maiden Star Lane 234 Steven Brutger Yes Yes 1468 Maiden Spirit 55 Susan Atkinson No No 89 Susie Mathre No No 43 Tamala Powell No No 240 Tess Moore Yes Yes 1309 Hillside Ln 118 Thom Hughes Yes Yes 237 Thomas Barrett Yes Yes 1821 Bridger Dr 128 Thomas Moore No Yes 241 Thomas Moore Yes Yes 1310 Hillside Ln 114 Thomas Niemann Yes Yes ?? 266 Thomas Niemann Yes Yes 2579 Weeping Rock Lane 291 Thomas Niemann No Yes 147 Thomas Wilde No No 49 Todd Warner Yes Yes 1719 Midfield St 42 Tonia Dyas No Yes 197 75 Triel Culver Yes Yes 2314 Boylan Rd. 239 Triel Culver Yes Yes 2314 Boylan Road 238 Tyler Bledsoe No No 48 Tyler Roscoe No No 30 Valerie Long No No 153 Wendy Williams No No 267 Wendy Williams No Yes 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 198 Canyon Gate Annexation and Zone Map Amendment Comment/Protest Tracking Application 21337 Density EMS Neighborhood Character Subdivision/SP criteria Transportation Wildlife Commercial/ mixed-use x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x 199 x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x 200 x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x 201 x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x 202 x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x 203 x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x 204 x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x 0 x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x 205 x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x 206 x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x 207 x x x x x x x x x x x x x x x x x x x x x 208 Luxury Condos/Affordable housing Support N N N N x N N Y x N N x N N N N N N N N N N x N N N x N N N x N N N N 209 x N N N N N N x N N N N N N N x N N x N x N N x N N ? N N x N x N N N N N N N N N N 210 N N x N N x N N x Y N Y Y N N N x N N N N N x N x ? x N N N ? x N x N x N N x N x N 211 N N x N x N x N x N x N x N x N x N N x N ? x N N N N N x N x N N x N N N N N N N N x N N N N 212 x N N N N x N N x N N x N x N x N N x N x N N N x N N x N x N x N N N N x N N N N N N N x N x N x N N Y N N N 213 x N N N x N ? x N x N N N N x N x N N N N N N N N x N x N N x N N x N N x Y x N N 214 N N x N x N x N N N x N x N N x N N x N N x N N x N N N N x N x N Y N N x N x N N N N 215 x N N x N N x N x N N N N x N N N N N N N N N N N x N N x N N N N 216 N N N x N x N N x N N N N x N N N x N N N N N N x N N N x N N x N N N N N N N 217 N x N N Y N ? N 218 Memorandum REPORT TO:City Commission FROM:Susana Montana, Senior Planner Brian Krueger, Development Division Manager Anna Bentley, Deputy Director Martin Matsen, Director, Community Development Department SUBJECT:Continue to the January 25, 2022 Commission Meeting the Approval of a Preliminary Plat for the Park View Crossing Major Subdivision to Create 44 Residential Lots on a 7 Acre Parcel Zoned R-3, Medium-density Residential District MEETING DATE:January 11, 2022 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION:Re-schedule the Park View Crossing Major Subdivision Preliminary Plat to the January 25, 2022 Commission meeting as an action item. 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 Campeche Shores Development Company submitted an application to subdivide the 7 acre Lot 4 of Minor Subdivision 400 into 44 residential lots and associated streets and common areas consisting of: 9 fourplex townhouse lots; 2 triplex townhouse lots; 1 duplex townhouse lot, 2 publicly- accessible open space (mid-block crossing) lots; 1 common area storm water management lot; extension of Tschache Lane into the subdivision; a new Stokes Lane, an alley right-of-way bisecting the subdivision; and a paved shared use path within the Vaquero Parkway along the eastern frontage of the subdivision. The open space lots would connect the shared use path along Vaquero Parkway through the subdivision westward to the County Regional Park trail along the west side of the subdivision. UNRESOLVED ISSUES:Any unresolved issue is deferred to the final plat application as shown in the recommended conditions of approval and code provisions. ALTERNATIVES:1. Recommend approval of the application with the recommended conditions and code provisions; 2. Recommend approval of the application with clarification modifications to the staff-recommended conditions and code provisions; 3. Recommend denial of the application based on the staff evaluation's 219 findings of non-compliance with the applicable criteria contained within the staff report; or 4. Recommend that the Commission continue the public hearing on the application to a later date with specific direction to staff or the Applicant to supply additional information or to address specific items. FISCAL EFFECTS:None Attachments: 21158 Park View Crossing PP continuance memo 12 23 21.docx Report compiled on: December 21, 2021 220 Commission Memorandum REPORT TO:Honorable Mayor and City Commission FROM:Susana Montana, Senior Planner Martin Matsen, Director of Community Development SUBJECT:Park View Crossing Major Subdivision Preliminary Plat; Project No. 21158 MEETING DATE:January 11, 2022 AGENDA ITEM TYPE:Action RECOMMENDED MOTION: I move to continue the Park View Crossing Preliminary Plat application public hearing from January 11, 2022 to January 25, 2022. RECOMENDATION: Continue the Park View Crossing Major Subdivision Preliminary Plat hearing to January 25, 2022. The public notice for the Park View Crossing Major Subdivision Preliminary Plat hearing before the City Commission was advertised for January 11, 2022. At their December 21, 2021 hearing, the City Commission postponed the hearing of the Canyon Gate annexation and City initial zoning classification to the January 11th meeting. Although the public comment period for that project was closed on December 21st, it is possible that Commission’s deliberations on this application may take an extensive time period which may shorten the time available for the Commission’s consideration of the Park View Crossing Preliminary Plat application. The Applicant has requested that their application be considered at the next available Commission meeting which is January 25, 2022. On behalf of the Applicant, staff respectfully requests that the City Commission continue the Park View Crossing Preliminary Plat public hearing from January 11, 2022 to January 25, 2022. UNRESOLVED ISSUES: None identified. ALTERNATIVES: As determined by the City Commission FISCAL EFFECTS: None identified. Report compiled on: December 23, 2021 Attachments: None 221 Memorandum REPORT TO:City Commission FROM:David Fine, Economic Development Program Manager for Housing and Development Brit Fontenot, Economic Development Director SUBJECT:Continue the Public Hearing of Resolution 5370 Approving a Project in the Northeast Urban Renewal District, Known as Wildlands, as an Urban Renewal Project; Making Findings with Respect Thereto and Approving the Use of Tax Increment Revenues or Tax Increment Revenue Bonds to Reimburse Eligible Costs Thereof and Approving a Related Development Agreement to January 25, 2022 MEETING DATE:January 11, 2022 AGENDA ITEM TYPE:Resolution RECOMMENDATION:I move to continue Resolution 5370 Approving a Project in the Northeast Urban Renewal District, known as Wildlands, as an Urban Renewal Project; Making Findings with Respect Thereto and Approving the Use of Tax Increment Revenues or Tax Increment Revenue Bonds to Reimburse Eligible Costs Thereof and Approving a Related Development Agreement to January 25, 2022. STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND: Final elements of the development agreement are still being negotiated with the applicant. Staff believes the final version will be ready for Commission consideration for the January 25, 2022 City Commission Meeting. UNRESOLVED ISSUES: Staff and the applicant are negotiating the final elements of the proposed development agreement. ALTERNATIVES:As proposed by the Bozeman City Commission. FISCAL EFFECTS:None at this time. Report compiled on: December 29, 2021 222