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Home My WebLink About11-15-22 City Commission Meeting Agenda & Packet MaterialsA.Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B.Pledge of Allegiance and a Moment of Silence C.Changes to the Agenda D.FYI E.Commission Disclosures F.Consent F.1 Accounts Payable Claims Review and Approval (Waters) F.2 Authorize the City Manager to Sign a Notice of Award to O'Keefe Drilling Company for the Municipal Groundwater Test Wells Project and Final Contract Documents Once Received(Heaston) THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, November 15, 2022 This meeting will be held both in-person and also using Webex, an online videoconferencing system. You can join this meeting: Via Webex: 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, channel 190, or attend in-person United States Toll +1-650-479-3208 Access code: 2555 070 3337 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. Public comments will be accepted in-person during the appropriate agenda items. 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 hybrid meeting. As always, the meeting will be streamed through the Commission's video page and available in the City on cable channel 190. 1 F.3 Authorize the City Manager to Sign a Notice of Award to Summitt Forests, Inc. for Phase 3 of the Sourdough Fuels Reduction Project and Final Contract Documents Once Received(Heaston) F.4 Authorize the City Manager to sign a Sewer and Water Pipeline and Access Easement and Agreement with Longshot Equity, LLC for the Cherry Creek Mixed Use Site Plan (22016)(Schultz) F.5 Authorize the City Manager to Sign a Conditional Irrevocable Offer of Dedication with Rosa Johnson Development for the Boulder Creek Apartments Site Plan Phase 1 (19021)(Schultz) F.6 Authorize the City Manager to Sign the Infrastructure Reimbursement Agreement with NWX, LLC and WH Bozeman NWX 358, LLC for Lowering the Existing Trunk Sewer Main in Baxter Lane(Murray) F.7 Authorize the City Manager to Sign a Hold Harmless Agreement with L&S Properties, LLC for the Oak & Cottonwood Apartments (21379)(Schultz) F.8 Authorize City Manager to Sign a Contract Renewal with Granicus for the Engage Bozeman Community Engagement Platform(Hess) F.9 Authorize the City Manager to Authorize the City Manager to Sign a Professional Services Agreement in the Amount of $33,612 with Greenspace Landscaping Inc. to Complete Parking Lot and Landscaping Improvements for the Final Section of the North Black Pocket Park in Downtown(Staley) F.10 Authorize City Manager to sign First Addendum with All Valley Landscape Services LLC., for Snow Removal Services at Public Safety Center(Gray) F.11 Authorize City Manager to Sign a First Addendum with Maintenance Pro, for Snow Removal Services at Public Safety Condo(Gray) F.12 Resolution 5404 Adoption of the West University Properties Annexation Agreement to Annex Approximately 95.65 Acres Located Northwest of the Intersection of South 19th Avenue and Stucky Road and Authorize the City Manager to Sign Public Street and Utility Easements, Application 21409(Rogers) F.13 Resolution 5440 Adoption of the Silo Annexation to Annex Approximately 125.265 Acres Located Northwest of the Intersection of Davis Lane and East Valley Center Road, and Authorize the City Manager to Sign the Annexation Agreement and Related Easements, Application 21442(Saunders) F.14 Resolution 5453, the Yellowstone Montessori Academy Annexation, Annexation of 1705 W Kagy Blvd, Application 22121(Saunders) F.15 Ordinance 2115, Provisional Adoption of the West University Properties Zone Map Amendment to Establish Initial Zoning of 48.98 Acres of B-2M and 47.9 Acres of REMU in Conjunction with the West University Properties Annexation Located Northwest of the Intersection of South 19th Avenue and Stucky Road; Application 21409(Rogers) 2 F.16 Ordinance 2122, Provisional Adoption of the Silo Annexation Zone Map Amendment to Establish Initial Zoning of Residential Emphasis Mixed Use (REMU) on Approximately 125.265 Acres Located Northwest of the Intersection of Davis Lane and E. Valley Center Road, Application 21422(Saunders) F.17 Ordinance 2128, Final Adoption of Yellowstone Montessori Academy Zone Map Amendment, 1625 and 1705 W. Kagy Blvd to Adopt Zoning of R-4 Residential High Density Residential, Application 22121(Saunders) F.18 Ordinance 2129, Provisional Adoption, Thomas Drive Zone Map Amendment to Rezone Two Parcels from R-4 (Residential High Density) to REMU (Residential Emphasis Mixed Use) on 15.037 Acres, Application 22094(Rogers) G.Consent II: Items Acted Upon Without Prior Unanimous Approval G.1 Ordinance 2127, Provisional Adoption of The Block 104 Zone Map Amendment Requesting Amendment of the City Zoning Map for a City Block Bounded by Tamarack Street on the North, Front Street to the East, Wallace on the West, and Aspen Street on the South Consisting of Approximately 3.554 Acres and the Accompanying Adjacent Right-of-way from M-1 (Light Manufacturing) to B-2M (Community Business District â€“ Mixed), Application 22100(Rogers) 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. Written comments can be located in the Public Comment Repository. I.Action Items I.1 Walker Subdivision Annexation of 2.05 Acres Plus the Adjacent Rights-of-way and Zone Map Amendment of the City Zoning Map for the Establishment of a Zoning Designation of R-3 (Residential Medium Density District), Application 22125(Rogers) J.Work Session J.1 Model Property Owner's Association (POA) Covenants Work Session (DiTommaso) J.2 UDC Project - Review and Advise Regarding the Update to the Unified Development Code, Chapter 38, Bozeman Municipal Code to Address Potential Changes to Standards Relating to Sustainability, Application 21381(Bentley) K.FYI / Discussion L.Adjournment 3 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. In order for the City Commission to receive all relevant public comment in time for this City Commission meeting, please submit via www.bozeman.net or by emailing agenda@bozeman.net no later than 12:00 PM on the day of the meeting. Public comment may be made in person at the meeting as well. 4 Memorandum REPORT TO:City Commission FROM:Nadine Waters, Accounts Payable Clerk Nicole Armstrong, Accounts Payable Clerk Levi Stewart, Assistant City Controller Aaron Funk, City Controller Melissa Hodnett, Finance Director SUBJECT:Accounts Payable Claims Review and Approval MEETING DATE:November 15, 2022 AGENDA ITEM TYPE:Finance RECOMMENDATION:The City Commission is recommended to make a motion and approve payment of claims as presented. 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:Montana Code Annotated, Section 7-6-4301 requires the City Commission to review claims prior to payment. Claims presented to the City Commission under this item have been reviewed and validated by the Finance Department. The Department has ensured that all goods and services have been received along with necessary authorizations and supporting documentation. Additionally, the Department confirmed all expenditures were appropriately coded and within the current fiscal year allocated budget. UNRESOLVED ISSUES:None ALTERNATIVES:The City Commission could decide not to approve these claims or a portion of the claims presented. This alternative is not recommended as it may result in unbudgeted late fees assessed against the City. 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 https://www.bozeman.net/departments/finance/purchasing. Report compiled on: November 10, 2022 5 Memorandum REPORT TO:City Commission FROM:Brian Heaston, Senior Engineer John Alston, Utilities Director SUBJECT:Authorize the City Manager to Sign a Notice of Award to O'Keefe Drilling Company for the Municipal Groundwater Test Wells Project and Final Contract Documents Once Received MEETING DATE:November 15, 2022 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign a Notice of Award to O’Keefe Drilling Company for the Municipal Groundwater Test Wells Project and Final Contract Documents Once Received. STRATEGIC PLAN:6.1 Clean Water Supplies: Ensure adequate supplies of clean water for today and tomorrow. BACKGROUND:The development of a municipal groundwater supply is recognized as an important new supply source to meet the City’s long-range water needs in the 2013 Integrated Water Resources Plan. Completion of the municipal test well project is a critical sequential step in the overall effort to deliver a municipal groundwater supply for the City. The test well project is located at the southeast corner of the Bozeman Sports Park, as previously authorized by Commission Resolution 5262. The test well project consists of two major components: 1) drilling of a test well and a monitoring well; and 2) aquifer pump testing to acquire site specific data to determine fundamental aquifer characteristics such as yield, transmissivity and storativity. Both the test well and monitoring well will be drilled to a depth of 500 feet with respective steel casing diameters of 12” and 6”. The test well and aquifer testing design aim to produce a sustainable yield of up to 1,000 gallons per minute. Aquifer test data will be used to inform the preparation of a formal water right permit application and mitigation plan to the Montana DNRC. The test well has been strategically designed to be easily converted into a production well after the City secures a municipal groundwater water right permit from DNRC. Construction bids for the test well project were opened on October 19, 2022. One bid was received, that from O’Keefe Drilling Company, at a total bid price of $550,850.00. Respec, the City’s consulting engineer for the overall groundwater development project, has reviewed the bid, found it 6 conforms to all bidding requirements, and recommends award at the full bid price. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:The provided Notice of Award contains a construction contract amount of $550,850.00, consistent with the bidder’s full unit price bid total. Construction costs are funded through Water Impact Fee CIP Project WIF31 appropriations. WIF31 has a remaining available budget of approximately $590,000, which is sufficient to award the construction contract. Attachments: Certified Bid Tab.pdf COB_GW Test Wells Bid Award - RESPEC Recommend Letter_10-26-2022.pdf NOA from COB Municipal Groundwater Test Wells_Contract Docs and Construction Specs r4b.pdf Report compiled on: November 3, 2022 7 NAME & ADDRESS Contractor License #Bid Price Hydro Resources O'Keefe Drilling PO Box 3810 Butte MT 59702 24241 Yes Yes 10%$550,850 Mike Maas Taylor Chambers City Clerk Deputy City Clerk Bid Check:Delivered to Finance:Accepted By:Date: 1 2 3 4 City of Bozeman BID - Municipal Groundwater Test Wells These bids were opened and read before the undersigned at 3:00 PM on Wednesday, NON- DISCRIMINATION BID BOND DocuSign Envelope ID: 24AD0CB0-F17B-4C9B-AFE2-0C6AC012EC07 8 respec.com RSI (bzn) – W0022.21001 3810 VALLEY COMMONS DRIVE, #4 BOZEMAN, mt 59718 (406) 284-2527 October 26, 2022 Mr. Brian Heaston, PE Senior Engineer City of Bozeman – Engineering 20 E. Olive St. P.O. Box 1230 Bozeman, MT 59771 RE: Recommendation for Award of Contract to O’Keefe Drilling Company for City of Bozeman Municipal Groundwater Test Wells Project Dear Mr. Heaston: The following contractors submitted responses to the above referenced solicitation:  O’Keefe Drilling Company  Hydro Resources Responses were evaluated according to the criteria stated in the solicitation, and specifically in the Instructions to Bidders. Upon review of the responses, it was quickly determined that the response from Hydro Resources was solely informational in content and included a sealed letter stating they are well tooled for the project but are unable to provide a bid at this time. Review of the response from O’Keefe Drilling found it to be responsive with all bid requirements satisfied, including acknowledgement of all Addenda, submission of a complete and mathematically correct Bid Form, submission of company information including valid State of Montana Contractor Registration and Water Well Driller and Monitoring Well Constructor’s licenses, and designated Bid Security. Additionally, a completed City of Bozeman Non-Discrimination and Equal Pay Affirmation Form was provided. The response from O’Keefe Drilling was absent irregularities and non- conformities. Therefore, RESPEC recommends award of this contract to O’Keefe Drilling. Sincerely, RESPEC Company, LLC Michael Rotar, PE Senior Water Resources Engineer 9 EJCDC C-510 Notice of Award Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 1 of 1 Notice of Award Date: November 15, 2022 Project: Owner: Owner's Contract No.: Contract: Engineer's Project No.: Bidder: Bidder's Address: P.O. Box 3810 for the above Contract has been considered. You are notified that your Bid dated You are the successful Bidder and are awarded a Contract for the Municipal Groundwater Test Wells project. The Contract Price of your Contract is Five Hundred Fifty Thousand Eight Hundred Fifty Dollars ($) copies of the proposed Contract Documents accompany this Notice of Award. sets of the Drawings (full size sheets, 24" x 36") will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within [15] days of the date you receive this Notice of Award. 1. Deliver to the Owner [] fully executed counterparts of the Contract Documents. 2.Deliver with the executed Contract Documents the Contract security [Bonds] as specified in theInstructions to Bidders (Article 12) and General Conditions (Paragraph 5.01). 3.Other conditions precedent: Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award, and declare your Bid security forfeited. Within ten days after you comply with the above conditions, Owner will return to you two fully executed counterpart of the Contract Documents. Owner By: Authorized Signature Title Copy to Engineer City of Bozeman, Municipal Groundwater Test Wells City of Bozeman, Montana O'Keefe Drilling Company 550,850.00 October 19, 2022 6 2 6 City of Bozeman, Montana Butte, Montana 59702 10 Memorandum REPORT TO:City Commission FROM:Brian Heaston, Senior Engineer John Alston, Utilities Director SUBJECT:Authorize the City Manager to Sign a Notice of Award to Summitt Forests, Inc. for Phase 3 of the Sourdough Fuels Reduction Project and Final Contract Documents Once Received MEETING DATE:November 15, 2022 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign a Notice of Award to Summitt Forests, Inc. for Phase 3 of the Sourdough Fuels Reduction Project and Final Contract Documents Once Received. STRATEGIC PLAN:6.1 Clean Water Supplies: Ensure adequate supplies of clean water for today and tomorrow. BACKGROUND:The Sourdough Fuels Reduction Project is part of the collaborative effort between the City and U.S. Forest Service on the Bozeman Municipal Watershed Project. These fuels reduction efforts aim to reduce the severity and extent of wildfire impacts to the City’s municipal drinking water supply. Phases 1 and 2 of the Sourdough Fuels Reduction Project were successfully completed Fall 2021. Phase 3 of the project consists of treating 79 acres of residual slash material generated with Phase 2, as well as 122 acres of precommercial thinning in untreated timber stands on City property surrounding the Sourdough municipal water supply intake. Upon completion of Phase 3, fuels reduction on 220 acres of the City’s 380 acre parcel surrounding the intake will have been completed (~58% of total acreage). Public bids for Phase 3 were opened on October 19, 2022. One bid was received, that from Summitt Forests, Inc., based out of Ashland, Oregon, at a total bid price of $182,898.00. The bid was reviewed by the City’s forestry consultant, whom will administer the fuels reduction contract, and was found to conform to bidding requirements and represent a competitive price despite being the lone bid. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. 11 FISCAL EFFECTS:The provided Notice of Award contains a contract amount of $182,898.00, consistent with the bidder’s Base Bid plus Additive Alternates A thru F. Contract costs are funded through Water Enterprise Fund CIP Project W63 appropriations, and a $111,384.00 grant from DNRC through its MT Forest Action Plan Grant Program. W63 has a remaining unobligated budget of approximately $130,000. Between remaining W63 funds and the DNRC grant, sufficient funding is available to award the contract. Attachments: Certified Bid Tab.pdf Notice of Award.pdf Report compiled on: November 3, 2022 12 NAME & ADDRESS Contractor License #Bid PriceSummit Forests Inc 2305 Ashland St. Ste 104 PMB 432 Ashland Oregon 97520 Yes Yes $182,898 Mike Maas Taylor Chambers City Clerk Deputy City Clerk Bid Check:Delivered to Finance:Accepted By:Date: 1 2 3 4 City of Bozeman BID - Sourdough Fuels Bid These bids were opened and read before the undersigned at 2:00 PM on Wednesday, NON- DISCRIMINATION BID BOND DocuSign Envelope ID: 82C7A914-2DA0-4E88-A984-CAB391D1446F 13 00‐6 EJCDC® C‐510 (Rev. 1), Notice of Award. Prepared and published 2013 by the Engineers Joint Contract Documents Committee. Page 1 of 2 NOTICE OF AWARD Date of Issuance: November 15, 2022 Owner: City of Bozeman Owner's Contract No.: N/A Forest Officer: Peck Forestry Inc. Project No.: N/A Project: Phase 3 Sourdough Fuels Reduction Project Contract Name: Phase 3 Sourdough Fuels Reduction Project Bidder: Summitt Forests, Inc. Bidder’s Address: 2305 Ashland St, Ste. 104 PMB 432, Ashland, OR 97520 TO BIDDER: You are notified that Owner has accepted your Bid dated _October 19, 2022 for the above Contract, and that you are the Successful Bidder and are awarded a Contract for: Phase 3 of the Sourdough Fuels Reduction Project, “Base Bid”, which includes residual slash treatment on 79 acres of helicopter units consisting of 21.7 acres of Pile & Burn treatments and 57.3 acres of Lop & Scatter treatments. AND “Add Alternate A”, being Precommercial Thinning Unit PCT.1, 3 acres “Add Alternate B”, being Precommercial Thinning Unit PCT.2, 49 acres “Add Alternate C”, being Precommercial Thinning Unit PCT.3, 14 acres “Add Alternate D”, being Precommercial Thinning Unit PCT.4, 10 acres “Add Alternate E”, being Precommercial Thinning Unit PCT.5, 14 acres “Add Alternate F”, being Precommercial Thinning Unit PCT.6, 21 acres “Add Alternate [G]”, being Precommercial Thinning Unit PCT.7, 11 acres The Contract Price of the awarded Contract is: $ 182,898.00 [ 5 ] unexecuted counterparts of the Contract accompany this Notice of Award, and one copy of the Contract Documents accompanies this Notice of Award, or has been transmitted or made available to Bidder electronically. You must comply with the following conditions precedent within 15 days of the date of this Notice of Award: 1. Deliver to Owner [__5__] counterparts of the Agreement, fully executed by Bidder. 2. Deliver with the executed Agreement(s) the Contract security [e.g., performance and payment bonds] and insurance documentation as specified in the Instructions to Bidders and Contract, Article 6. 3. Other conditions precedent (if any): Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award, and declare your Bid security forfeited. Within ten days after you comply with the above conditions, Owner will return to you one fully executed counterpart of the Agreement, together with any additional copies of the Contract Documents as indicated in Contract. 14 00‐6 EJCDC® C‐510 (Rev. 1), Notice of Award. Prepared and published 2013 by the Engineers Joint Contract Documents Committee. Page 2 of 2 Owner: Authorized Signature By: Jeff Mihelich Title: City Manager Copy: Forest Officer 15 Memorandum REPORT TO:City Commission FROM: Mikaela Schultz, Engineer I Nicholas Ross, Director of Transportation and Engineering SUBJECT:Authorize the City Manager to sign a Sewer and Water Pipeline and Access Easement and Agreement with Longshot Equity, LLC for the Cherry Creek Mixed Use Site Plan (22016) MEETING DATE:November 15, 2022 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign a Sewer and Water Pipeline and Access Easement and Agreement with Longshot Equity, LLC for the Cherry Creek Mixed Use Site Plan (22016). STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Attached is a copy (original to City Clerk) of the partially executed agreement. Engineering staff reviewed the document and found it to be acceptable. UNRESOLVED ISSUES:None ALTERNATIVES: As suggested by the City Commission. FISCAL EFFECTS:None Attachments: Sewer and Water Pipeline and Access Easement and Agreement Report compiled on: November 1, 2022 16 17 18 19 20 21 Memorandum REPORT TO:City Commission FROM:Mikaela Schultz, Engineer I Nicholas Ross, Director of Transportation and Engineering SUBJECT:Authorize the City Manager to Sign a Conditional Irrevocable Offer of Dedication with Rosa Johnson Development for the Boulder Creek Apartments Site Plan Phase 1 (19021) MEETING DATE:November 15, 2022 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign a Conditional Irrevocable Offer of Dedication with Rosa Johnson Development for the Boulder Creek Apartments Site Plan Phase 1 (19021). STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Attached is a copy (original to City Clerk) of the partially executed agreement. Engineering staff reviewed the document and found it to be acceptable. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None Attachments: Conditional Irrevocable Offer of Dedication Report compiled on: October 31, 2022 22 23 24 25 Memorandum REPORT TO:City Commission FROM:Bob Murray, Engineer II Nicholas Ross, Director of Transportation & Engineering SUBJECT:Authorize the City Manager to Sign the Infrastructure Reimbursement Agreement with NWX, LLC and WH Bozeman NWX 358, LLC for Lowering the Existing Trunk Sewer Main in Baxter Lane MEETING DATE:November 15, 2022 AGENDA ITEM TYPE:Agreement - Legal RECOMMENDATION:Authorize the City Manager to sign the Infrastructure Reimbursement Agreement with NWX, LLC and WH Bozeman NWX 358, LLC for lowering the existing trunk sewer main in Baxter Lane. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:The Northwest Crossing project is being developed on the 160 acres in the southwest quadrant of Cottonwood Road and Baxter Lane. The existing sewer main in Baxter Lane is not deep enough to serve the northern and western portions of the property. The developers entered into an agreement with the City to lower the last few sections of the Norton Sewer project completed a couple of years ago. That project ended in Baxter Lane near the intersection with Flanders Mill Road. The main between Flanders Mill and Cottonwood must still be lowered and the main extended from Cottonwood to the west on Baxter. The Developers have requested that the remaining sewer work be included in the City’s Cottonwood Road project to eliminate any conflicts and coordination issues which would inevitably occur if done separately by different contractors. This should also reduce the impact to the surrounding neighborhood and traveling public. The developers have already paid for the design of the sewer improvements and will reimburse the City for all the construction costs for that work. This agreement establishes the terms between the City and Developers for completion and payment for the improvements. Legal staff has reviewed the agreement and found it to be acceptable. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None. All costs will be paid by the developer(s). 26 Attachments: City of Bozeman Infrastructure Reimbursement Agreement for Baxter Sewer(2906096.2) 10.25.22.docx Report compiled on: November 1, 2022 27 Page 1 of 8 CITY OF BOZEMAN INFRASTRUCTURE REIMBURSEMENT AGREEMENT THIS INFRASTRUCTURE REIMBURSEMENT AGREEMENT (this “Agreement”) is made and effective this _____ day of ____________, 2022, by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City”, NWX, LLC, with a mailing address of PO Box 4082, Bozeman, MT, 59772, hereinafter referred to as “Developer”, and WH Bozeman NWX 358 LLC, a Delaware limited liability company, with a mailing address of 24911 Avenue Stanford, Santa Clarita, CA 91355, hereinafter referred to as “Future Owner” who intends to purchase the property and fulfill the terms of this Agreement. WHEREAS, Developer and Future Owner desire to complete certain public wastewater system improvements to benefit their development project, Major Subdivision Development Application #20113, Northwest Crossing (the “Development”) and the City consents to accommodate Developer’s request and in doing so the City agrees to augment ongoing street improvement projects SIF-138, Cottonwood Road, and SIF-086, Intersection of Baxter and Cottonwood (the “Project”) to include the Improvements (as hereinafter defined) for the benefit of Developer and Future Owner; WHEREAS, Developer and Future Owner will pay for all costs of the Improvements to the Project desired by Developer which will provide a benefit to the Development; WHEREAS, the Improvements include the design and construction of sewer main improvements from existing Manhole #1A (Baxter Lane) of the Norton East Ranch Sewer Outfall of the Davis Lane Lift Station & Norton Sewer, Project Number 19012, west along Baxter Lane to the eventual west side of the SIF-086, Intersection of Baxter and Cottonwood improvements and other related wastewater system improvements; and WHEREAS, the City, Developer, and Future Owner desire to set forth the terms of their agreement in writing. 28 Page 2 of 8 NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1.Incorporation: The foregoing recitals of this Agreement are contractual and are hereby incorporated by reference. 2.Improvements: The design and construction of improvements to the Project (the “Improvements”) are generally shown in the attached conceptual modifications to the Project (Exhibit 1). 3.Contracts for Design and Construction of Project: Developer intends for the design engineering to be conducted under current contracts let by Developer and intends to have the City bid the Improvements with CIP projects SIF-138, Cottonwood Road, and SIF-086, Intersection of Baxter and Cottonwood. In order for the Project to proceed, the City Commission must approve the Notice of Award after the bids are received. As such, Developer and Future Owner understand completion of the construction of the Improvements in the Project is contingent upon the Bozeman City Commission awarding the Project. Developer and Future Owner also agree that timing of construction of the Improvements is in the sole discretion of the City. Developer or Future Owner will be obligated to pay the City for all cost associated with the Improvements. This Agreement does not give Developer or Future Owner any interest or control in how the City completes the Improvements nor does Developer or Future Owner have an interest in or become a beneficiary of the City’s design, engineering, or construction contracts. 4.Project Costs: City will provide Developer and Future Owner the final contract pricing from the City’s contractor and engineer at least ten (10) days before it is submitted to the City Commission. Developer shall have the right, prior to approval by the City Commission, to terminate this Agreement if the final contract pricing is not acceptable to Developer in Developer’s sole discretion. Developer and Future Owner specifically recognize and agree the ultimate financial obligation for the Improvements will be based on the actual final costs of the Improvements as determined by the contract. 5.Payment: Developer or Future Owner must pay the amount for the actual work for the completed Improvements within thirty (30) days after final completion of the Improvements, such final completion date being the date on which the Improvements have passed all inspections required by the City and the City has formally accepted the Improvements as complete via written approval. 29 Page 3 of 8 6.Waiver of Claims/Limitation of Liability/Indemnity: To the fullest extent permitted by law, Developer and Future Owner waive any and all claims against the City, its officers and employees, agents, insurers, and consultants for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to the City’s construction of the Improvements, including delay of completion of the Project that may affect the Development. Furthermore, Developer and Future Owner recognize that if the City does not complete the construction of the Improvements as part of the Project, Developer’s sole and exclusive remedy against the City is for the City to return the Construction portion of Project Costs provided by Developer at the time of contract resolution; however, as noted above, City will not reimburse the design portion of Improvement Costs. In addition to the above, Developer and Future Owner shall defend and indemnify the City from any claims brought against the City by any of Developer’s or Future Owner’s partners, investors, creditors, lenders, agents, or any other entity associated with Developer, Future Owner or the Development for claims related to delay of or failure to complete the Improvements, provided the Improvements are completed to the required specifications and provide the benefit to the Development as contemplated herein, or the City has refunded to Developer the preliminary or actual costs paid by Developer in the event the Improvements are not completed. 7.City Not Bound In Its Regulatory Authority: Developer and Future Owner recognize the City enters this Agreement in its capacity as a municipality constructing public infrastructure and not in its regulatory role. As such, Developer and Future Owner agree that nothing herein binds the City to make certain approvals in its regulatory authority in review of subdivision, zoning, building or other regulatory applications. 8.Representations and Warranties: Each party represents and warrants to the other that: a.Execution of this Agreement does not violate any agreement, bylaw, statute or ordinance binding on or applicable to such party; and b.The individual executing this Agreement on behalf of the party is duly authorized and empowered to execute this Agreement for the party and following execution and delivery by both parties this Agreement will be a legally binding obligation of the party, enforceable against the party in accordance with its terms. 9.Representatives and Notices: 30 Page 4 of 8 a.City’s Representative: The City’s Representative for the purpose of this Agreement shall be Bob Murray, Project Engineer, or such other individual as the City shall designate in writing. Whenever approval or authorization from or communication or submission to the City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when the City’s Representative is not available, Developer may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b.Developer’s Representative: Developer’s Representative for the purpose of this Agreement shall be Parker Lange or such other individual as Developer shall designate in writing. Whenever direction to or communication with Developer is required by this Agreement, such direction or communication shall be directed to Developer’s Representative; provided, however, that in exigent circumstances when Developer’s Representative is not available, the City may direct its direction or communication to other designated Developer personnel or agents. c.Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to the party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the party’s Representative; or on the fifth (5th) business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 10.Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. Neither Developer nor Future Owner may subcontract or assign its rights, including duties and obligations arising hereunder, without the prior written consent of the City, which shall not be unreasonably withheld. The City acknowledges that Developer may assign and Future Owner may assume the obligations of Developer under this Agreement, but Developer shall remain obligated until the payment obligation required in Section 5 is satisfied. 11.Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or condition or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 31 Page 5 of 8 12.Attorneys’ Fees and Costs: In the event it becomes necessary for either party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing party or the party giving notice shall be entitled to reasonable attorneys’ fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 13.Dispute Resolution: a.Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b.If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the applicable law provisions of this Agreement. 14.Survival: Developer’s and Future Owner’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 15.Headings: The headings used in this Agreement are for convenience only and are not to be construed as a part of this Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 16.Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 17.Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 18.Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 19.No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 32 Page 6 of 8 20.Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 21.Integration: This Agreement and all exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 22.Consent to Electronic Signatures: The parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 33 Page 7 of 8 IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. Dated this ____ day of _______________, 2022 NWX, LLC By: Bryan Klein, Managing Member Dated this ____ day of _______________, 2022 WH Bozeman NWX 358 LLC, a Delaware limited liability company Print Name: Title: By: Dated this ____ day of _______________, 2022 CITY OF BOZEMAN _________________________________________ Print Name: Title: By: 2906096.2 34 Page 8 of 8 Exhibit 1 Improvement Conceptual Plans 35 Memorandum REPORT TO:City Commission FROM:Mikaela Schultz, Engineer I Nicholas Ross, Director of Transportation and Engineering SUBJECT:Authorize the City Manager to Sign a Hold Harmless Agreement with L&S Properties, LLC for the Oak & Cottonwood Apartments (21379) MEETING DATE:November 15, 2022 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign a Hold Harmless Agreement with L&S Properties, LLC for the Oak & Cottonwood Apartments (21379). STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Attached is a copy (original to City Clerk) of the partially executed agreement. Engineering staff reviewed the document and found it to be acceptable. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None Attachments: Hold Harmless Agreement Report compiled on: November 3, 2022 36 37 38 39 40 41 Memorandum REPORT TO:City Commission FROM:Dani Hess, Community Engagement Coordinator Takami Clark, Communication and Engagement Manager Jeff Mihelich, City Manager SUBJECT:Authorize City Manager to Sign a Contract Renewal with Granicus for the Engage Bozeman Community Engagement Platform MEETING DATE:November 15, 2022 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize City Manager to sign a contract renewal with Granicus for the Engage Bozeman community engagement platform STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders. BACKGROUND:In April 2021 the City Commission adopted the Engage Bozeman Community Engagement Initiative as a guiding framework for how City staff, leadership and the community can contribute to a collaborative approach to local governance. Engage Bozeman's guiding principles include "innovation and adaptation" around how engagement is conducted in Bozeman. Additionally, throughout the engagement process members of the public supported an online tool that would provide a single location for community members to find and participate in different city projects' engagement processes. Engage Bozeman has served as this tool through EngageHQ's "Bang the Table" platform. EngageHQ was recently acquired by Granicus which supports several other platforms utilized by the City of Bozeman. Over 650 community members are registered on the Engage Bozeman platform. Ten projects have utilized the platform since its launch in November 2021. UNRESOLVED ISSUES:None ALTERNATIVES:At the direction of the City Commission. FISCAL EFFECTS:The funding for this service has been approved in the City Manager's FY 23 budget for continuing our commitment to innovating and adapting community engagement best practices. Attachments: MT_Bozeman MT_Q-237566_2022OCT21.pdf 42 Report compiled on: November 1, 2022 43 408 Saint Peter Street, Suite 600 THIS IS NOT AN INVOICE Order Form Saint Paul, MN 55102 Prepared for United States Bozeman, MT Order #: Q-237566 Prepared: 10/21/2022 Page 1 of 5 Granicus Proposal for Bozeman, MT ORDER DETAILS Prepared By:Neil Bacheta Phone: Email:neil.bacheta@granicus.com Order #:Q-237566 Prepared On:10/21/2022 Expires On:11/30/2022 Currency:USD Payment Terms:Net 30 (Payments for subscriptions are due at the beginning of the period of performance.) Period of Performance: 12/01/2022 - 11/30/2023 ORDER TERMS Current Subscription End Date:11/30/2022 44 Order Form Bozeman, MT Order #: Q-237566 Prepared: 10/21/2022 Page 2 of 5 PRICING SUMMARY The pricing and terms within this Proposal are specific to the products and volumes contained within this Proposal. Renewing Subscription Fees Solution Billing Frequency Quantity/Unit Annual Fee EHQ Essential CX Services Package Annual 1 Each $1,605.00 EHQ Unlimited Annual 1 Each $16,050.00 SUBTOTAL:$17,655.00 45 Order Form Bozeman, MT Order #: Q-237566 Prepared: 10/21/2022 Page 3 of 5 PRODUCT DESCRIPTIONS Solution Description EHQ Essential CX Services Package EngagementHQ Essential Support provides your organisation with 10 hours of strategic support and advice from our engagement specialist. This may include advise on how to run your digital engagement project, through to helping with internal buy-in. In addition, you will have 1 x 60 minute instructor-led online training session, to familiarise your team with EngagementHQ. EHQ Unlimited Unlimited licenses are EHQ's standard teams licence for organisations looking to regularly engage their community on a broad range of projects. Unimited Licenses include 2 x site administrator accounts and 10 x project administrators as well as access to core EHQ features including a branded hompage and choice of layouts, information sharing tools, engagement tools, Pararticipant Relationship Manager, analytics tools including Text and Survey Analysis, Detailed downloadable PDF and exportable reports and 24/7 Moderation. 46 Order Form Bozeman, MT Order #: Q-237566 Prepared: 10/21/2022 Page 4 of 5 TERMS & CONDITIONS ·Link to Terms: https://granicus.com/legal/licensing ·This quote is exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice. It is the responsibility of Bozeman, MT to provide applicable exemption certificate(s). ·Any lapse in payment may result in suspension of service and will require the payment of a setup fee to reinstate the subscription. ·Notwithstanding anything to the contrary, Granicus reserves the right to adjust pricing at any renewal in which the volume has changed from the prior term without regard to the prior term's per-unit pricing. 47 Order Form Bozeman, MT Order #: Q-237566 Prepared: 10/21/2022 Page 5 of 5 BILLING INFORMATION Billing Contact:Purchase Order Required? [ ] - No [ ] - Yes Billing Address:PO Number: If PO required Billing Email:Billing Phone: If submitting a Purchase Order, please include the following language: The pricing, terms, and conditions of quote Q-237566 dated 10/21/2022 are incorporated into this Purchase Order by reference and shall take precedence over any terms and conditions included in this Purchase Order. AGREEMENT AND ACCEPTANCE By signing this document, the undersigned certifies they have authority to enter the agreement. The undersigned also understands the services and terms. Bozeman, MT Signature: \s1\ Name: \n1\ Title: \t1\ Date: \d1\ 48 Memorandum REPORT TO:City Commission FROM:Ellie Staley, Executive Director Downtown Bozeman Partnership SUBJECT:Authorize the City Manager to Authorize the City Manager to Sign a Professional Services Agreement in the Amount of $33,612 with Greenspace Landscaping Inc. to Complete Parking Lot and Landscaping Improvements for the Final Section of the North Black Pocket Park in Downtown MEETING DATE:November 15, 2022 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:That the City Commission approve the professional services agreement with Greenspace Inc. and authorize the City Manager to sign the agreement on behalf of the City. STRATEGIC PLAN:4.4 Vibrant Downtown, Districts & Centers: Promote a healthy, vibrant Downtown, Midtown, and other commercial districts and neighborhood centers â€“ including higher densities and intensification of use in these key areas. BACKGROUND:The North Black Pocket Park project began in 2018 and was completed in 2019 with the exception of the northwest corner of the project site, where drainage issues arose during construction. Seeding the area was attempted as an alternative to additional landscaping. Although since completion, this area has experienced significant flooding and erosion due to lack of proper drainage. This final scope of work to improve the drainage and grading as well as landscaping within the parking lot area will provide a beautified area sans erosion and enhanced pedestrian access points. UNRESOLVED ISSUES:None ALTERNATIVES:None FISCAL EFFECTS:Contract cost of $33,612.00 will be split between the Urban Renewal Board and the City of Bozeman. The amount funded is within the approved fiscal year 2023 budget and work plan. Attachments: PSA Greenspace November 2022 North Black Pocket Park.pdf Est_3137_from_Greenspace_Landscaping_Inc._27280.pdf Report compiled on: November 2, 2022 49 50 Professional Services Agreement for North Black Pocket Park Landscaping Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 15th day of November, 2022 (“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and, GREENSPACE LANDSCAPING, 34039 Frontage Rd, Bozeman MT 59715, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2. Term/Effective Date: This Agreement is effective upon the Effective Date unless earlier terminated in accordance with this Agreement. 3. Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4. Payment: City agrees to pay Contractor the amount specified in the Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, 51 Professional Services Agreement for North Black Pocket Park Landscaping Page 2 of 11 and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. Contractor shall post a legible statement of all wages and fringe benefits to be paid to the Contractor’s employees and the frequency of such payments (i.e., hourly wage employees shall be paid weekly). Such posting shall be made in a prominent and accessible location at the Contractor’s normal place of business and shall be made no later than the first day of services provided under this Agreement. Such posting shall be removed only upon expiration or termination of this Agreement. In performing the services under this Agreement, Contractor shall give preference to the employment of bona fide residents of Montana, as required by §18-2-403, MCA, as such term is defined by §18-2-401(1), MCA. When making assignments of work, Contractor shall use workers both skilled in their trade and specialized in their field of work for all work to which they are assigned. 52 Professional Services Agreement for North Black Pocket Park Landscaping Page 3 of 11 Pursuant to §§18-2-403 and 18-2-422, MCA, Contractor shall pay wages, fringe benefits, and expenses, including travel allowances as set forth in the current Montana Prevailing Wage Rate for Non Construction Services in effect and applicable to Gallatin County, Montana, which schedule is incorporated herein. Contractor shall pay all hourly wage employees on a weekly basis. Violation of the requirements set forth in the above State of Montana schedule of prevailing wage rates may subject the Contractor to the penalties set forth in §18-2-407, MCA. Contractor shall maintain payroll records during the term of this Agreement and for a period of three (3) years following termination of this Agreement. The Contractor shall ensure that any person, firm or entity performing any portion of the services under this Agreement for which the contractor, subcontractor or employer is responsible, is paid the applicable standard prevailing rate of wages. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes and for any claims regarding underpaid prevailing wages. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor 53 Professional Services Agreement for North Black Pocket Park Landscaping Page 4 of 11 agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without 54 Professional Services Agreement for North Black Pocket Park Landscaping Page 5 of 11 limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: • Workers’ Compensation – statutory; • Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Automobile Liability - $1,000,000 property damage/bodily injury per accident; and • Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business 55 Professional Services Agreement for North Black Pocket Park Landscaping Page 6 of 11 opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d. The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or 56 Professional Services Agreement for North Black Pocket Park Landscaping Page 7 of 11 nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Ellie Staley, Executive Director of the Downtown Bozeman Partnership or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be Bill Halpin or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 57 Professional Services Agreement for North Black Pocket Park Landscaping Page 8 of 11 13 Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. 58 Professional Services Agreement for North Black Pocket Park Landscaping Page 9 of 11 The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 18. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual 59 Professional Services Agreement for North Black Pocket Park Landscaping Page 10 of 11 agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 28. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, 60 Professional Services Agreement for North Black Pocket Park Landscaping Page 11 of 11 Title 30, Chapter 18, Part 1, MCA. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA ____________________________________ CONTRACTOR (Type Name Above) By________________________________ By__________________________________ Jeff Mihelich, City Manager Print Name: ___________________________ Print Title: ____________________________ DOWNTOWN BOZEMAN PARTNERSHIP -DOWNTOWN URBAN RENEWAL DISTRICT By________________________________ Ellie Staley, Executive Director DBP APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 61 Estimate DATE 10/26/2022 NAME / ADDRESS Downtown Tax Increment Finance Board 222 E. Main St. #302 Bozeman, MT 59715 Greenspace Landscaping, Inc. Bozeman, MT 59715 (406) 586-3750 DESCRIPTION QTY TOTALCOST North Black Pocket Park Landscape and Improvements Concrete Edging 1 5,500.005,500.00 Debris Disposal 10 180.0018.00 Green Steel Edging 1 80.0080.00 Soil 6 252.0042.00 Shrubs 5g TBD 15 825.0055.00 Grasses 1g TBD 35 770.0022.00 Perennial Flowers 1g TBD 50 950.0019.00 Irrigation Parts 1 1,000.001,000.00 Geotextile 1,000 250.000.25 Road Mix 6 360.0060.00 Mason Sand 1 75.0075.00 Loader Services 2 370.00185.00 Pavers TBD (This cost may change depending on paver availability) 1 3,000.003,000.00 Page 1 62 Estimate DATE 10/26/2022 NAME / ADDRESS Downtown Tax Increment Finance Board 222 E. Main St. #302 Bozeman, MT 59715 Greenspace Landscaping, Inc. Bozeman, MT 59715 (406) 586-3750 DESCRIPTION QTY TOTALCOST Landscape Labor Includes: Demo existing area. Excavation and removal of existing soil over entire area. Excavate around drain and lower existing drain elevation. Regrade area for new drain elevation. Set new Base for concrete footings. Install geotextile after concrete is poured. Install and compact base materials for paver installation. Install pavers. Regrade area and set grade to hardscape along with positive drainage from parking lot. Install new topsoil for planting areas. Install steel edge to separate existing turf. Run new lines from existing irrigation. install all new plants. Install weedematt, mulch, and new irrigation to all new plant material. Management/Design Daily Cleanup. 1 20,000.0020,000.00 NOTES: Pavers are included on this estimate. We can begin this project ASAP. All materials will be itemized and we will only invoice for what is installed Page 2 $33,612.00 63 Memorandum REPORT TO:City Commission FROM:Mike Gray, Facilities Superintendent Jon Henderson, Strategic Services Director SUBJECT:Authorize City Manager to sign First Addendum with All Valley Landscape Services LLC., for Snow Removal Services at Public Safety Center MEETING DATE:November 15, 2022 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize City Manager to sign First Addendum with All Valley Landscape Services LLC., for Snow Removal Services at Public Safety Center STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:City is completing the construction of new Public Safety Center that will house the Police Department, Fire Department, Municipal Court, members of the City Attorney’s Office, members of the IT and Facilities Divisions. The City has made a major investment in this Best in Class facility, Snow Removal services are required to ensure this asset is maintained in the best possible condition for the Public and all City departments located at the Public Safety Center. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission FISCAL EFFECTS:Funds allocated in the approved budget for Facilities for these services Attachments: Professional Services Agreement - 1st Addendum - All Valley Landscape Services LLC - Snow Removal Service at Public Safety Center.pdf 1st Addendum - Exhibit A Scope of Work - All Valley Landscaping Services -Snow Removal at Bozman Public Safety Center.pdf Report compiled on: October 27, 2022 64 First Addendum to Professional Services Agreement for Snow Removal Services 2022 Page 1 of 2 FIRST ADDENDUM TO PROFESSIONAL SERVICES AGREEMENT THE FIRST ADDENDUM TO THE PROFESSIONAL SERVICES AGREEMENT is made and entered into this _____ day of October, 2022, by and between the CITY OF BOZEMAN, MONTANA, a self governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and All Valley Landscape Services LLC, P.O. Box 11746, Bozeman, MT 59718, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2. Term/Effective Date: This Agreement is effective upon the Effective Date and will expire on the 31st day of March, 2025 unless earlier terminated in accordance with this Agreement. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 65 First Addendum to Professional Services Agreement for Snow Removal Services 2022 Page 2 of 2 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA By________________________________ Jeff Mihelich, City Manager CONTRACTOR (All Valley Landscape Services LLC) By_____________________________ Print Name: Michael H. Derzay Title: Member APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 66 Attachment – A Addendum Bozeman Public Safety Center, Snow Removal Contract Page 1 of 1 Exhibit A First Addendum Bozeman Public Safety Center - Snow Removal Contract Scope of Services and Frequency and Work Schedule All Valley Landscape Services LLC 1. Location of Services. The buildings that services are to be provided for are: Bozeman Public Safety Center 901 N. Rouse Ave Per Site Plan Drawing Cost: $400.00 Plow Parking Area per service Cost: $350.00 Plow/Shovel Walks per service Depth Upcharge for snow accumulations over 5” will result in 50% increase in service line item. 2. General Conditions. a. This addendum will follow all the Attachment A scope of work in the original Professional Services Agreement that is already in place with the exception of the following items listed below. i. Snow removal for parking lots shall occur when snow accumulation is two (2) inches or greater and 1 inch for the sidewalks. ii. Snow removal from all sidewalks shall be completed prior to 8 a.m., or within four hours after any snow or ice deposit. Snow will be disposed of in Snow Removal Storage Areas noted on Bozeman Public Safety Center, Architectural Site Plan, A-001. 67 Memorandum REPORT TO:City Commission FROM:Mike Gray, Facilities Superintendent Jon Henderson, Strategic Services Director SUBJECT:Authorize City Manager to Sign a First Addendum with Maintenance Pro, for Snow Removal Services at Public Safety Condo MEETING DATE:November 15, 2022 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize City Manager to sign First Addendum with Maintenance Pro, for Snow Removal Services at Public Safety Condo STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:City has existing Professional Services Agreement with Maintenance Pro for snow removal services; company sold to a new owner. Addendum is to update new owner information on Agreement UNRESOLVED ISSUES:None ALTERNATIVES:None FISCAL EFFECTS:None Attachments: Professional Services Agreement - 1st Addendum - Maintenance Pro - Snow Removal Service at Public Safety Condo.pdf Report compiled on: October 27, 2022 68 First Addendum to Professional Services Agreement for Snow Removal Services 2022 Page 1 of 2 FIRST ADDENDUM TO PROFESSIONAL SERVICES AGREEMENT THE FIRST ADDENDUM TO THE PROFESSIONAL SERVICES AGREEMENT is made and entered into this _____ day of October, 2022, by and between the CITY OF BOZEMAN, MONTANA, a self governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and Maintenance Pro., 2137 S. Alaska Rd, Belgrade, MT 59714, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services. This Addendum is for the updating the new owner of Maintenance Pro on the existing Agreement. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** Commented [k1]: Scope of services can either be attached as an exhibit or described in Section 3 (in which case, delete the highlighted language and reference Section 3 instead). 69 First Addendum to Professional Services Agreement for Snow Removal Services 2022 Page 2 of 2 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA By________________________________ Jeff Mihelich, City Manager CONTRACTOR (Maintenance Pro) By_____________________________ Print Name: Ryan Van Dyke Title: Owner APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 70 Memorandum REPORT TO:City Commission FROM:Tom Rogers, Senior Planner Anna Bentley, Community Development Director SUBJECT:Resolution 5404 Adoption of the West University Properties Annexation Agreement to Annex Approximately 95.65 Acres Located Northwest of the Intersection of South 19th Avenue and Stucky Road and Authorize the City Manager to Sign Public Street and Utility Easements, Application 21409 MEETING DATE:November 15, 2022 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Approve the Annexation Agreement and authorize the City Manager to sign all documents. 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 Commission conducted a public hearing on April 2, 2022 on this application to annex property. After consideration of all matters and information presented the City Commission approved the application and associated zoning of REMU and B-2M and moved to direct staff tp prepare the annexation agreement for final review and approval. The final annexation agreement is prepared and signed by the applicant and ready for final approval by the City Commission. The associated pubic street and utility easements accompany this agreement. All documents are now presented for final action by the City Commission. UNRESOLVED ISSUES:None. ALTERNATIVES:As determined by the Commission. FISCAL EFFECTS:None. Attachments: 21409 West University Annex Resolution 5404.pdf 21409 West University Annex Agreement 8-12-2022.pdf Stucky Road Easement.pdf West Kagy easement.pdf West University Annexation Map 2-16-22.pdf 71 Report compiled on: November 1, 2022 72 Version April 2020 Page 1 of 3 RESOLUTION 5404 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 WEST UNIVERSITY PROPERTIES ANNEXATION, APPLICATION 21409. WHEREAS, the City of Bozeman received a petition for annexation West University, LLC requesting the City Commission to extend the boundaries of the City of Bozeman so as to include an area of land containing approximately 95.65 acres, described herein; 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 April 2, 2022; and WHEREAS, a public meeting on said annexation petition was duly noticed and held on April 2, 2022; and WHEREAS, the City did not receive any written protest from the real property owners of the area to be annexed; and WHEREAS, on November 15, 2022, 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, 73 Version April 2020 Page 2 of 3 rights-of-way, easements, water rights or cash-in-lieu, waivers of protest against creation of SID's, 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, to wit: 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 95.65 acres, to wit: Legal Description WEST UNIVERSITY PROPERTIES ANNEXATION MAP PROPERTY DESCRIPTION: A tract of Land encompassing a portion of Lot 2A of Minor Subdivision No. 1 91B, excepting out Lot 1A of Minor Subdivision 503 A, located within the South East One Quarter of Section 14, Town ship 2 South, Range 5 East, Principal of Meridian Montana, Gallatin County, Montana, and more particularly described as follows: Beginning at a point (P.0.B), which is the One Quarter Corner common to Section s 14 and 23 and upon the centerline of West Stucky Road; thence, Leaving said centerline, N 01” 12’ 35" E, a distance of 30.00 feet to a point on the North Easement Line of said Stucky Road; thence, along said Easement Line, S 88" 13’ 47" E, a distance of 146.63 feet to a point; thence, Leaving said Easement Line, N 01” 12’ 35" E, a distance of 2298.03 feet to a point; thence, S 88” 55’ 43" E, a distance of 1323. 98 feet to a point; thence, S 09” 43’ 14" W, a distance of 1032.74 feet to a point on the centerline of West Kagy Blvd.; thence, along said centerline, S 88’ 33’ 49" E, a distance of 733. 36 feet to a point; thence, Leaving said centerline, S 07“19’ 59" W, a Distance of 222.12 feet to a point; thence, S 28” 55’ 08" W, a distance of 77.03 feet to a point; 74 Version April 2020 Page 3 of 3 thence, S 46” 16' 01" W, a distance of 79.96 feet to a point; thence, S 00” 37’ 20" W, a distance of 89. 39 feet to a point; thence, S 88” 37’ 39" E, a distance of 566.00 feet to a pint on the West ROW of South 19th avenue; thence, along said West ROW, S 01’ 3S’ 23" W, a distance of 893. 4S feet to a point on said ROW, the intersection of the centerline of said West Stucky road and the line comm on to said sections 14 and 23; thence, leaving said ROW and continuing along said section line and the centerline of said West Stucky road, N 88” 13’ 47" W, a distance of 2496.12 feet to the P.O.B. Said area being 4,166, 466 square feet or 95.65 acres more or less, along with and subject to all easements of record. Section 2 The effective date of this annexation is November 15, 2022. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 15th day of November, 2022. ___________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 75 WEST UNIVERSITY PROPERTIES Annexation Agreement 1 Inter-office Original to: City of Bozeman City Clerk PO Box 1230 Bozeman, MT 549771-1230 WEST UNIVERSITY PROPERTIES ANNEXATION AGREEMENT THIS AGREEMENT made and entered into this ______ day of __________________, 2022, 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 West University, LLC, 113 East Oak Street, Suite 4A, Bozeman, MT 59715 hereinafter referred to as "Landowner". The effective date of this Agreement shall be the date upon which the Bozeman City Commission adopts a resolution creating the West University Properties and authorizing execution of this Agreement. WITNESSETH: WHEREAS, Landowner is owner in fee of a tract of certain real property, hereinafter referred to as the WEST UNIVERSITY PROPERTIES ANNEXATION or “Property” situated in Gallatin County, Montana, and more particularly described as follows: An area of land comprised described as follows: A tract of Land encompassing a portion of Lot 2A of Minor Subdivision No. 191B, excepting out Lot 1A of Minor Subdivision 503 A, located within the South East One Quarter of Section 14, Town ship 2 South, Range 5 East, Principal of Meridian Montana, Gallatin County, Montana, and more particularly described as follows: 76 WEST UNIVERSITY PROPERTIES Annexation Agreement 2 Beginning at a point (P.O.B), which is the One Quarter Corner common to Section 14 and 23 and upon the centerline of West Stucky Road; thence, Leaving said centerline, N 01” 12’ 35" E, a distance of 30.00 feet to a point on the North Easement Line of said Stucky Road; thence, along said Easement Line, S 88" 13’ 47" E, a distance of 146.63 feet to a point; thence, Leaving said Easement Line, N 01” 12’ 35" E, a distance of 2298.03 feet to a point; thence, S 88” 55’ 43" E, a distance of 1323. 98 feet to a point; thence, S 09” 43’ 14" W, a distance of 1032.74 feet to a point on the centerline of West Kagy Blvd.; thence, along said centerline, S 88’ 33’ 49" E, a distance of 733. 36 feet to a point; thence, Leaving said centerline, S 07“19’ 59" W, a Distance of 222.12 feet to a point; thence, S 28” 55’ 08" W, a distance of 77.03 feet to a point; thence, S 46” 16' 01" W, a distance of 79.96 feet to a point; thence, S 00” 37’ 20" W, a distance of 89. 39 feet to a point; thence, S 88” 37’ 39" E, a distance of 566.00 feet to a pint on the West ROW of South 19th avenue; thence, along said West ROW, S 01’ 3S’ 23" W, a distance of 893. 4S feet to a point on said ROW, the intersection of the centerline of said West Stucky road and the line common on to said sections 14 and 23; thence, leaving said ROW and continuing along said section line and the centerline of said West Stucky road, N 88” 13’ 47" W, a distance of 2496.12 feet to the P.O.B. Said area being 4,166,466 square feet or 95.65 acres more or less, along with and subject to all easements of record. All as depicted on the WEST UNIVERSITY PROPERTIES Annexation Map. WHEREAS, the Landowner petitioned the City for annexation to the City of said tract of land; and WHEREAS, the WEST UNIVERSITY PROPERTIES 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 WEST UNIVERSITY PROPERTIES pursuant to Section 7-2-4601, et seq., Mont. Code Ann. will allow the WEST UNIVERSITY PROPERTIES 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 77 WEST UNIVERSITY PROPERTIES Annexation Agreement 3 WHEREAS, the parties recognize additional development on the WEST UNIVERSITY PROPERTIES 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 WEST UNIVERSITY PROPERTIES ; 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. 2. Annexation The Landowner filed an application for annexation of the WEST UNIVERSITY PROPERTIES with the City on November 3, 2021. By execution of this Agreement, the City manifests its intent to annex the WEST UNIVERSITY PROPERTIES 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 WEST UNIVERSITY PROPERTIES. Further, upon the execution of this Agreement, the Landowner shall do all things 78 WEST UNIVERSITY PROPERTIES Annexation Agreement 4 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 WEST UNIVERSITY PROPERTIES. 3. Services Provided The City will, upon annexation, make available to the WEST UNIVERSITY PROPERTIES 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 WEST UNIVERSITY PROPERTIES. 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 WEST UNIVERSITY PROPERTIES to include, but not limited to, any impact fees, hook-up, connection, or development charges which have been or may be established by the City. 5. Municipal Sewer Service Defined The term "municipal sewer service" as is used in this Agreement shall be the service which is supplied by the City in accordance with Chapter 40, Article 3, Bozeman Municipal Code, as amended, as well as any other terms and conditions which apply to the City's provision of this service but does not include the extension of lines or construction of necessary improvements at any cost to the City for collection of sewage at and within the WEST UNIVERSITY PROPERTIES. Nothing in this Agreement shall obligate the City to pay for right-of-way acquisition, engineering, construction, and other costs for 79 WEST UNIVERSITY PROPERTIES Annexation Agreement 5 the collection of sewage services to or within the WEST UNIVERSITY PROPERTIES to include, but not limited to, any impact fees, hookup, connection, or development charges which may be established by the City. 6. Water and Sewer Connections Landowner understands and agrees that 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 further understands and agrees that prior to connection to the City water and sewer system, any 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 any sanitary sewer line has been completely disconnected from any existing septic system prior to the Landowner connecting the to the City sanitary sewer system. Any wells presently used for domestic purposes may be retained for irrigation only, with no physical connection to municipal domestic water piping. Certification that there is no physical connection between any on-site well and a domestic water line coming from the City’s water supply must be provided. The City Water and Sewer Division may perform an inspection of the 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 any existing septic system and/or fails to disconnect any 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. 80 WEST UNIVERSITY PROPERTIES Annexation Agreement 6 7. Water Rights The Landowner specifically recognizes and agrees that provisions for water rights or cash in-lieu of water rights shall be provided upon further development or subdivision of the property in accordance with Section 38.410.130, Bozeman Municipal Code and as may be amended. The amount of water rights or cash-in-lieu thereof due at the time of further development or subdivision of the property will be calculated 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 Landowner 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 that the City of Bozeman determines are useful for city purposes. If insufficient water rights exist, the Landowner must pay cash in lieu of water rights, in an amount determined by the Director of Utilities, prior to development. 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 necessary water or wastewater system improvements necessary for the proposed development. If improvements to this water or wastewater system are necessary, the Landowner agrees prior to development of the WEST UNIVERSITY 81 WEST UNIVERSITY PROPERTIES Annexation Agreement 7 PROPERTIES to complete, at Landowner’s expense, the necessary system improvements to serve the proposed development. 9. Future Development Limitations The Landowner shall be responsible for installing all facilities required to provide full municipal services to the property in accordance with the City’s Infrastructure Master Plans and all City regulations, policies and guidelines that may be in effect at the time of any future development. Thus, Landowner understands and agrees Landowner has no right, either granted or implied, for it to further develop any of the WEST UNIVERSITY PROPERTIES 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 WEST UNIVERSITY PROPERTIES. 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 WEST UNIVERSITY PROPERTIES 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 WEST UNIVERSITY PROPERTIES 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 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. 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, 82 WEST UNIVERSITY PROPERTIES Annexation Agreement 8 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 WEST UNIVERSITY PROPERTIES to transport treated runoff to the stormwater receiving channel. The plan shall include site grading and elevation information, typical stormwater detention/retention basin and discharge structure details, basin sizing calculations, and stormwater maintenance plan. Landowner recognizes the City may require such Stormwater Master Plan to be implemented in all or part as a condition of approval of development of the WEST UNIVERSITY PROPERTIES. 11. Waiver of Right-to-Protest Special Districts A. Landowner shall execute a Waiver of Right-to-Protest Creation of Special Improvement Districts or Special Districts for street and transportation improvements including design and engineering, paving and subsurface improvements, curb and gutter, sidewalk, stormwater drainage facilities for: a. Street improvements to West Lincoln Street between South 19th Avenue and Fowler including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. b. Street improvements to West Kagy Blvd between South 19th Avenue and South Fowler Road including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. c. Street improvements to West Stucky Road between South 19th Avenue and South Fowler Road including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. d. Street improvements to West Graf Street between South 19th Avenue and South Fowler Road including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. e. Street improvements to South 19th Road between West Lincoln Street and West Graf Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. f. Street improvements to South 27th Street between West Lincoln Street and West Graf Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. g. Street improvements to South Fowler between West Lincoln Street and West Graf Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. 83 WEST UNIVERSITY PROPERTIES Annexation Agreement 9 The Landowner agrees such SID or special districts 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 shall execute a Waiver of Right-to-Protest Creation of Special Improvement Districts (“SID”) or Special Districts for Intersection improvements including lighting, signalization and channelization, paving, curb/gutter, sidewalk, and storm drainage for: a. Intersection improvements at West Lincoln Street and South 19th Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. b. Intersection improvements at West Lincoln Street and South 27th Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. c. Intersection improvements at West Lincoln Street and South Fowler Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. d. Intersection improvements at West Kagy Blvd and South 19th Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. e. Intersection improvements at West Kagy Blvd and South 27th Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. f. Intersection improvements at West Kagy Blvd and South Fowler Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. g. Intersection improvements at Stucky Road and South 19th Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. h. Intersection improvements at Stucky Road and South 27th Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. i. Intersection improvements at Stucky Road and South Fowler Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. j. Intersection improvements at West Graf Street and South 19th Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. k. Intersection improvements at West Graf Street and South 27th Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. l. Intersection improvements at West Graf Street and South Fowler Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. 84 WEST UNIVERSITY PROPERTIES Annexation Agreement 10 The Landowner agrees such SID or special districts will provide a mechanism for the fair and equitable assessment of construction and maintenance costs for such improvements. The waiver is attached hereto as Exhibit “B” and is hereby incorporated in and made a part of this Agreement. C. Landowner agrees that in the event an SID is not utilized for the completion of these improvements as described in subsections A and B above, the Landowner shall participate in an alternative financing method for the completion of said improvements on a fair share, proportionate basis as determined by the City on the basis of the square footage of property, taxable valuation of the property, traffic contribution from the development or a combination thereof. 12. Public Street and Utility Easements The Landowner understands and agrees that a public street and utility easement must be provided at the time Landowner returns the signed annexation agreement for the portion of West Kagy Boulevard that is adjacent to its Property, which is classified as a Principal Arterial in the Bozeman Transportation Master Plan (TMP), which has a minimum right-of-way (“ROW”) width of one hundred twenty (120) feet. The Landowner must provide its respective West Kagy Boulevard ROW section from the centerline of the existing ROW or the entire section (if the street section resides within the proposed annexation area) as a public street and utility easement where West Kagy is adjacent to the Property. The Landowner understands and agrees that a public street and utility easement must be provided at the time Landowner returns the signed annexation agreement for its respective portion of West Stucky Road, which is classified as a Collector in the Bozeman (TMP), which has a minimum ROW width of ninety (90) feet. The applicant must provide its respective West Stucky Road ROW section from the centerline of the existing ROW or the entire section (if the street section resides within the proposed 85 WEST UNIVERSITY PROPERTIES Annexation Agreement 11 annexation area) as a public street and utility easement where West Stucky Road is adjacent to the subject property. The Landowner, at its sole expense, has created such easements in a location and form agreeable to the City and the easements will be filed at the Gallatin County Clerk and Recorder’s Office. 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 in such event, the easement shall be provided at the Landowner’s sole expense. 13. Street Improvements The Landowner understands and agrees that at the time of future development the portion of West Stucky Road and West Kagy Boulevard and its related transportation infrastructure fronting the WEST UNIVERSITY PROPERTIES must be improved to a City standard. The City may allow phasing of street improvements coordinated with development areas. 14. Impact Fees Landowner acknowledges that annexation and development of their property will impact the City’s existing street, water and sewer infrastructure, and the City’s fire service. As approved by the City, the Landowner and its successors must pay: A) Fire impact fees equal to the amount per Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at time of issuance of a building permit. B) Transportation impact fees equal to the amount per Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at time of issuance of a building permit. C) Water impact fees as required by Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at the time of connection to city water services. D) Sewer impact fees as required by Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at the time of connection to city sewer services. The amount of impact fee the Landowner or its successors pay for connection to the city’s water and sewer services, if any, shall be calculated based on the provisions of the Bozeman Municipal Code, as amended, in effect at the time of application for a permit to connect. The amount of street or fire 86 WEST UNIVERSITY PROPERTIES Annexation Agreement 12 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. Nothing in this Agreement shall be construed to abridge Landowner’s rights, under Chapter 2, Article 6, Division 9 of the Bozeman Municipal Code, to apply for, claim or assert credits, exemptions or refunds from the imposition of impact fees. Landowner further understands and agrees that any improvements, either on-site or off-site, necessary to provide connection of the WEST UNIVERSITY PROPERTIES to municipal services and which are wholly attributable to the Property as determined exclusively by the city are considered “project related improvements” as defined in Chapter 2, Article 6, Division 9, Bozeman Municipal Code, as amended, and as such, are not eligible for impact fee credits. If Landowner defaults on this condition at the time such is to be performed, and should default not be remedied or corrected within thirty (30) days after written notice by City to the Landowner and Landowner/Developer of such default, City may at its option: A) Declare the amounts owing for impact fees immediately due and payable and City shall have the right and privilege to take legal action against Landowners for the collection of such sum, including the entry of any judgment. In addition, the City may, at its option, enforce payment of such amount by levying an assessment on the property. B) Elect any other remedy available to City under the laws of the State of Montana. 15. Charges and Assessments Landowner understands and agrees that after this Agreement is recorded the WEST UNIVERSITY PROPERTIES will be subject to City charges and assessments for arterial and collector streets, street maintenance, and tree maintenance on the same basis as all other properties in the City. 87 WEST UNIVERSITY PROPERTIES Annexation Agreement 13 16. Additional Terms The parties recognize these documents must be filed and of record with the Gallatin County Clerk and Recorder prior to the sale of any land within the WEST UNIVERSITY PROPERTIES. The parties further agree that the City may file these documents at any time. 17. 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. 18. Attorney’s Fees In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement, then the prevailing party shall be entitled to reasonable attorney’s fees and costs, to include the salary and costs of in-house counsel including City Attorney. 19. Waiver No waiver by either party of any breach of any term, covenant or agreement shall be deemed a waiver of the same or any subsequent breach of this same or any other term, covenant or agreement. No covenant, term or agreement shall be deemed waived by either party unless waived in writing. 20. Invalid Provision The invalidity or unenforceability of any provision of this agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. 88 WEST UNIVERSITY PROPERTIES Annexation Agreement 14 21. Modifications or Alterations No modifications or amendment of this Agreement shall be valid unless evidenced by a writing signed by the parties hereto. 22. No 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. 23. 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. 24. Covenants to Run with the Land The parties intend that the terms of this Agreement shall benefit the WEST UNIVERSITY PROPERTIES and shall be covenants running with the land and shall not expire at their deaths or upon transfer of ownership of the property. The undersigned Landowner affirms that they have authority to enter into this Agreement and to bind themselves to this Agreement. 89 WEST UNIVERSITY PROPERTIES Annexation Agreement 15 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first above written. DATED this _____ day of __________________, 2022. LANDOWNER _________________________________________ West University, LLC By: Barry Brown Title: Managing Member STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On this ________ day of ____________________, 2022, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Barry Brown, known to me to be the Managing Member of West University, LLC and 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 Montana Residing at _______________________ My Commission Expires:____________ (Use 4 digits for expiration year) 90 WEST UNIVERSITY PROPERTIES Annexation Agreement 16 CITY OF BOZEMAN ____________________________________ By: Jeff Mihelich, City Manager ATTEST: ________________________________ Mike Maas, City Clerk STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On this _____ day of , 2022, 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 Interim 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) 91 WEST UNIVERSITY PROPERTIES Annexation Agreement 17 EXHIBIT “A” WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS WEST UNIVERSITY PROPERTIES ANNEXATION The undersigned owner (“Landowner”) of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: A tract of Land encompassing a portion of Lot 2A of Minor Subdivision No. 191B, excepting out Lot 1A of Minor Subdivision 503 A, located within the South East One Quarter of Section 14, Town ship 2 South, Range 5 East, Principal of Meridian Montana, Gallatin County, Montana, and more particularly described as follows: Beginning at a point (P.O.B), which is the One Quarter Corner common to Section s 14 and 23 and upon the centerline of West Stucky Road; thence, Leaving said centerline, N 01” 12’ 35" E, a distance of 30.00 feet to a point on the North Easement Line of said Stucky Road; thence, along said Easement Line, S 88" 13’ 47" E, a distance of 146.63 feet to a point; thence, Leaving said Easement Line, N 01” 12’ 35" E, a distance of 2298.03 feet to a point; thence, S 88” 55’ 43" E, a distance of 1323. 98 feet to a point; thence, S 09” 43’ 14" W, a distance of 1032.74 feet to a point on the centerline of West Kagy Blvd.; thence, along said centerline, S 88’ 33’ 49" E, a distance of 733. 36 feet to a point; thence, Leaving said centerline, S 07“19’ 59" W, a Distance of 222.12 feet to a point; thence, S 28” 55’ 08" W, a distance of 77.03 feet to a point; thence, S 46” 16' 01" W, a distance of 79.96 feet to a point; thence, S 00” 37’ 20" W, a distance of 89. 39 feet to a point; thence, S 88” 37’ 39" E, a distance of 566.00 feet to a pint on the West ROW of South 19th avenue; thence, along said West ROW, S 01’ 3S’ 23" W, a distance of 893. 4S feet to a point on said ROW, the intersection of the centerline of said West Stucky road and the line common on to said sections 14 and 23; thence, leaving said ROW and continuing along said section line and the centerline of said West Stucky road, N 88” 13’ 47" W, a distance of 2496.12 feet to the P.O.B. Said area being 4,166, 466 square feet or 95.65 acres more or less, along with and subject to all easements of record. (“Property”) All as depicted on the WEST UNIVERSITY PROPERTIES Annexation Map. IN CONSIDERATION of receiving approval for annexation of the 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 transportation impacts to: a. Street improvements to West Lincoln Street between South 19th Avenue and Fowler 92 WEST UNIVERSITY PROPERTIES Annexation Agreement 18 including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. b. Street improvements to West Kagy Blvd between South 19th Avenue and South Fowler Road including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. c. Street improvements to West Stucky Road between South 19th Avenue and South Fowler Road including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. d. Street improvements to West Graf Street between South 19th Avenue and South Fowler Road including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. e. Street improvements to South 19th Road between West Lincoln Street and West Graf Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. f. Street improvements to South 27th Street between West Lincoln Street and West Graf Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. g. Street improvements to South Fowler between West Lincoln Street and West Graf Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. which will be caused by the development of the above-described Property, the Landowner has waived and does hereby waive for itself, its successors and assigns forever the right to protest the creation of one or more special improvement districts for the design and engineering, construction and maintenance of following improvements: for street and transportation improvements including design and engineering, paving and subsurface improvements, curb and gutter, sidewalk, stormwater drainage facilities, broadband, and other dry utilities for the aforementioned street improvements. 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 (“SID”) which would include the Property. In the event a SID 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, 93 WEST UNIVERSITY PROPERTIES Annexation Agreement 19 proportionate basis as determined by the City on the basis of the square footage of Property, taxable valuation of the property, traffic contribution from the development or a combination thereof. This waiver is made for the benefit of the Property and 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. 94 WEST UNIVERSITY PROPERTIES Annexation Agreement 20 DATED this _____ day of __________________, 2022. LANDOWNER _________________________________________ West University, LLC By: Barry Brown Title: Managing Member STATE OF MONTANA ) :ss COUNTY OF GALLATIN) On this ________ day of ____________________, 2022, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Barry Brown known to me to be the Managing Member of West University, LLC and the landowner that executed the within instrument, and acknowledged to me that he 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 Montana Residing at _______________________ My Commission Expires:____________ (Use 4 digits for expiration year) 95 WEST UNIVERSITY PROPERTIES Annexation Agreement 21 EXHIBIT “B” WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS WEST UNIVERSITY PROPERTIES The undersigned owner (“Landowner”) of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: A tract of Land encompassing a portion of Lot 2A of Minor Subdivision No. 1 91B, excepting out Lot 1A of Minor Subdivision 503 A, located within the South East One Quarter of Section 14, Town ship 2 South, Range 5 East, Principal of Meridian Montana, Gallatin County, Montana, and more particularly described as follows: Beginning at a point (P.O.B), which is the One Quarter Corner common to Section s 14 and 23 and upon the centerline of West Stucky Road; thence, Leaving said centerline, N 01” 12’ 35" E, a distance of 30.00 feet to a point on the North Easement Line of said Stucky Road; thence, along said Easement Line, S 88" 13’ 47" E, a distance of 146.63 feet to a point; thence, Leaving said Easement Line, N 01” 12’ 35" E, a distance of 2298.03 feet to a point; thence, S 88” 55’ 43" E, a distance of 1323. 98 feet to a point; thence, S 09” 43’ 14" W, a distance of 1032.74 feet to a point on the centerline of West Kagy Blvd.; thence, along said centerline, S 88’ 33’ 49" E, a distance of 733. 36 feet to a point; thence, Leaving said centerline, S 07“19’ 59" W, a Distance of 222.12 feet to a point; thence, S 28” 55’ 08" W, a distance of 77.03 feet to a point; thence, S 46” 16' 01" W, a distance of 79.96 feet to a point; thence, S 00” 37’ 20" W, a distance of 89. 39 feet to a point; thence, S 88” 37’ 39" E, a distance of 566.00 feet to a pint on the West ROW of South 19th avenue; thence, along said West ROW, S 01’ 3S’ 23" W, a distance of 893. 4S feet to a point on said ROW, the intersection of the centerline of said West Stucky road and the line common on to said sections 14 and 23; thence, leaving said ROW and continuing along said section line and the centerline of said West Stucky road, N 88” 13’ 47" W, a distance of 2496.12 feet to the P.O.B. Said area being 4,166, 466 square feet or 95.65 acres more or less, along with and subject to all easements of record. (“Property”) All as depicted on the WEST UNIVERSITY PROPERTIES Annexation Map. 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 intersection impacts to: 96 WEST UNIVERSITY PROPERTIES Annexation Agreement 22 a. Intersection improvements at West Lincoln Street and South 19th Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. b. Intersection improvements at West Lincoln Street and South 27th Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. c. Intersection improvements at West Lincoln Street and South Fowler Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. d. Intersection improvements at West Kagy Blvd and South 19th Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. e. Intersection improvements at West Kagy Blvd and South 27th Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. f. Intersection improvements at West Kagy Blvd and South Fowler Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. g. Intersection improvements at Stucky Road and South 19th Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. h. Intersection improvements at Stucky Road and South 27th Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. i. Intersection improvements at Stucky Road and South Fowler Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. j. Intersection improvements at West Graf Street and South 19th Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. k. Intersection improvements at West Graf Street and South 27th Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. l. Intersection improvements at West Graf Street and South Fowler Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. which will be caused by the development of the Property, the Landowner has waived and does hereby waive for itself, its successors and assigns forever the right to protest the creation of one or more special improvement districts for the including lighting, signalization / channelization, paving, curb/gutter, sidewalk, and storm drainage. 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 97 WEST UNIVERSITY PROPERTIES Annexation Agreement 23 district be assessed in response to a duly passed resolution of intention to create one or more special improvement districts which would include the Property. In the event a SID is not utilized for the completion of these improvements, the Landowner 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 the Property, taxable valuation of the Property, traffic contribution from the development or a combination thereof. This waiver is made for the benefit of the Property and 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. 98 WEST UNIVERSITY PROPERTIES Annexation Agreement 24 DATED this _____ day of __________________, 2022. LANDOWNER _________________________________________ West University, LLC By: Barry Brown Title: _____________________ STATE OF MONTANA ) :ss COUNTY OF GALLATIN) On this ________ day of ____________________, 2022, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Barry Brown known to me to be the Managing Member of West University, LLC and the Landowner that executed the within instrument, and acknowledged to me that he 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 Montana Residing at _______________________ My Commission Expires:____________ (Use 4 digits for expiration year) 99 100 101 102 103 104 105 106 107 108 Memorandum REPORT TO:City Commission FROM:Chris Saunders, Community Development Manager Anna Bentley, Community Development Interim Director SUBJECT:Resolution 5440 Adoption of the Silo Annexation to Annex Approximately 125.265 Acres Located Northwest of the Intersection of Davis Lane and East Valley Center Road, and Authorize the City Manager to Sign the Annexation Agreement and Related Easements, Application 21442 MEETING DATE:November 15, 2022 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Adoption of Resolution 5440 and authorize the City Manager to sign the Annexation Agreement and related easements. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:The applicant and property owners seek to complete annexation of three parcels totaling approximately 115 acres into the City limits and adjacent public right of way as required by state law. The City Commission unanimously approved the application on July 26, 2022. Application materials are available through the City's Community Development Viewer and Laserfiche. The applicant has satisfied all terms of annexation and final action is required by the City Commission to complete the annexation process. UNRESOLVED ISSUES:There are no identified conflicts on this application. ALTERNATIVES:As identified by the Commission. FISCAL EFFECTS:none. Attachments: Resolution 5440 Silo Annexation.pdf 6916002-Annexation Map 100622 signed.pdf Exhibit B - MDT Road Plans 235-1(6)5.pdf 109 21422 Annexation Agreement - signed.pdf 21422 Davis Lane Easement - signed.pdf 21422 Multiuse Path Easement - signed.pdf Report compiled on: November 1, 2022 110 Page 1 of 4 RESOLUTION NO. 5440 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE ANNEXATION OF CERTAIN 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 TRACTS TOTALING 125.265 ACRES, KNOWN AS THE SILO ANNEXATION, APPLICATION 21442. WHEREAS, the City of Bozeman received a petition for annexation requesting the City Commission to extend the boundaries of the City of Bozeman so as to include an area of land containing approximately 114.69 acres, located south of E. Valley Center Road and west of Davis Lane; and WHEREAS, the petition was submitted by the landowner on November 15, 2021 requesting the City Commission to extend the boundaries of the City of Bozeman; and WHEREAS, an annexation staff report was prepared in accordance with the Commission's goals and policies for annexation and was presented to the Commission on July 28, 2022; and WHEREAS, a public meeting on said annexation petition was duly noticed and held on July 28, 2022; and WHEREAS, the City did not receive any written protest from the real property owners of the area to be annexed; and 111 Resolution 5440,Silo Annexation Page 2 of 4 WHEREAS, the provision of available services to said tracts as described is the subject of an Annexation Agreement; and WHEREAS, the City of Bozeman is required to annex adjacent public right of way such as that obtained by the Montana Department of Transportation for E. Valley Center Road; and WHEREAS, the Bozeman City Commission hereby finds that the annexation of these tracts 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, 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 125.265acres, to wit: Legal Description Parcels of land being: An area of land comprised described as follows: Three parcels of land as described in Warranty Deed document number 2736653 Parcel 1 and Parcel 2 and the parcel described in Warrant Deed document number 2736654; situated in the NE 1/4 of Section 27, Township 1 South, Range 5 East, Principal Meridian, Gallatin County, Montana, and being more particularly described as follows: Commencing at the E 1/4 of Section 27, Township 1 South, Range 5 East, thence N.0°36'43"E. a distance of 189.78 feet to the Point of Beginning being the northeast corner of Tract 1 of Certificate of Survey No. 3035; thence N.0°36'43"E. a distance of 464.88 feet along the east line of said Section27 to the south line of highway right of way per Bargain and Sale Deed Book 145, Page 293; thence N.89°23'17"W. along said right of way a distance of 50.00 feet; thence N.0°36'43"E. a distance of 195.38 feet; thence along a non-tangent curve to the left having a radius of 523.09 feet and a central angle of 112 Resolution 5440,Silo Annexation Page 3 of 4 17°34'16" for an arc length of 160.42 feet, said curve having a chord bearing of N.9°16'00"W. for 159.79 feet to the southwest line of highway right of way per Bargain and Sale Deed Film 143, Page 643; thence N.33°51'43"W. a distance of 120.68 feet; thence N.53°32'27"W. a distance of 1350.11 feet; thence N.39°33'03"W. a distance of 62.05 feet; thence N.53°32'27"W. a distance of 302.20 feet; thence N.54°16'17"W. a distance of 147.56 feet; thence along a non-tangent curve to the left having a radius of 1849.86 feet and a central angle of 11°37'40" for an arc length of 375.42 feet, said curve having a chord bearing of N.61°36'08"W. for 374.77 feet; thence N.82°50'39"W. a distance of 59.79 feet; thence along a non-tangent curve to the left having a radius of 1834.86 feet and a central angle of 19°20'05" for an arc length of 619.18 feet, said curve having a chord bearing of N.78°53'01"W. for 616.25 feet; thence S.0°36'05"W. a distance of 2552.36 feet along the mid section line of Section27 to the C 1/4 of Section 27; thence N.89°29'32"E. a distance of 2221.92 feet along the mid section line of Section27 to southwest corner of Tract 1 of Certificate of Survey No. 3035; thence N.0°36'43"E. a distance of 189.74 feet; thence N.89°29'25"E. a distance of 420.77 feet to the Point of Beginning containing 114.69 acres more or less. All as depicted on Exhibit A - the SILO Annexation Map. And That public right of way for E. Valley Center as depicted on sheets 14 and 15 of the plans for Montana Department of Transportation Project Number STPS 235-1(6)5 from station 38+00 to station 4+95.56 to include the entire width of the right of way to the northern boundary line of the right of way to include that portion of the spur road shown on said plans and not including Tract 2, Certificate of Survey 1372 or the right of way for Interstate 90; and containing 10.575 acres more or less. As depicted on Exhibit B – Excerpt Sheets from STPS 235-1(6)5 Section 2 The effective date of this annexation is five business days after adoption of this Resolution: PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 15th day of November, 2022. ___________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: 113 Resolution 5440,Silo Annexation Page 4 of 4 ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 114 S0°36'05"W 2552.36'N89°29'32"E 2221.92' N 5 3 ° 3 2 ' 2 7 " W 1 3 5 0 . 1 1 ' 30' 30' 50' N0°36'43"E 189.74' N89°23'17"W 50.00' N33°51'43"W 120.68' 50' N82°50'39"W 59.79'N54°16'17"W 147.56' N39°33'03"W 62.05' N89°29'25"E 420.77' N0°36'43"E 464.88' N53°32'27"W 302.20' N0°36'43"E 189.78' N0°36'43"E 195.38'30'30'E27SE27SE27SE27SE27S12W12W12W12W12W12WE27S E27S E27S 16W 16W 16W 16 W 16 W 16 W 8W 8W 8W 8W R=523.09' L=160.42' Δ=17°34'16" CB=N9°16'00"W CH=159.79' R=1849.86' L=375.42' Δ=11°37'40" CB=N61°36'08"W CH=374.77' R=1834.86' L=619.18' Δ=19°20'05" CB=N78°53'01"W CH=616.25' ©COPYRIGHT MORRISON-MAIERLE, INC., SHEET NUMBER PROJECT NO.DRAWN BY: FLD WK. BY: CHK. BY: DATE: 2022 Plotted by jon c. wilkinson on Oct/6/2022N:\6916\002 - Davis Ln ZMA and Annex\ACAD\Exhibits\6916002-Annexation Map.dwgANNEXATION MAP BOZEMAN MONTANA 6916.002 SHT. 1 JCW JCW MEE 09/2022engineers surveyors planners scientists MorrisonMaierle 2880 Technology Blvd West Bozeman, MT 59718 Phone: 406.587.0721 www.m-m.net 300 EAST 14 SECTION 27 60' COUNTY ROAD EASEMENT DAVIS LANE HIGHWAY RIGHT OF WAY PER I-IG-90-6(3)287 PLANS BOOK 145, PAGE 293 HIGHWAY RIGHT OF WAY PER STPS 235 1 (4) 5 PLANS BARGAIN AND SALE DEED FILM 143, PAGE 640 V A L L E Y C E N T E R R O A D - H I G H W A Y S T P S 2 3 5 1 ( 4 ) 5 HIGHWAY RIGHT OF WAY PER STPS 235 1 (4) 5 PLANS BARGAIN AND SALE DEED FILM 143, PAGE 643 P.O.B. ALL THAT PART OF THE NE 1 4 OF SECTION 27 LYING SOUTH AND WEST OF THE SOUTH RIGHT OF WAY OF HIGHWAY AS STATED IN BARGAIN AND SALE DEEDS FILM 143, PAGE 640, FILM 143, PAGE 643, AND BOOK 145, PAGE 293, EXCEPTING THEREFROM TRACT 1 OF CERTIFICATE OF SURVEY No. 3035; SITUATED IN TOWNSHIP 1 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, GALLATIN COUNTY, MONTANA,SECTION 26SECTION 27PARC E L 1 COS 3 0 3 5 EASEMENT AREA PER STPS 235 1 (4) 5 PLANS BARGAIN AND SALE DEED FILM 143, PAGE 643 EASEMENT AREA PER STPS 235 1 (4) 5 PLANS BARGAIN AND SALE DEED FILM 143, PAGE 640 Three parcels of land as described in Warranty Deed document number 2736653 Parcel 1 and Parcel 2 and the parcel described in Warrant Deed document number 2736654; situated in the NE 14 of Section 27, Township 1 South, Range 5 East, Principal Meridian, Gallatin County, Montana, and being more particularly described as follows: Commencing at the E 14 of Section 27, Township 1 South, Range 5 East, thence N.0°36'43"E. a distance of 189.78 feet to the Point of Beginning being the northeast corner of Tract 1 of Certificate of Survey No. 3035; thence N.0°36'43"E. a distance of 464.88 feet along the east line of said Section27 to the south line of highway right of way per Bargain and Sale Deed Book 145, Page 293; thence N.89°23'17"W. along said right of way a distance of 50.00 feet; thence N.0°36'43"E. a distance of 195.38 feet; thence along a non-tangent curve to the left having a radius of 523.09 feet and a central angle of 17°34'16" for an arc length of 160.42 feet, said curve having a chord bearing of N.9°16'00"W. for 159.79 feet to the southwest line of highway right of way per Bargain and Sale Deed Film 143, Page 643; thence N.33°51'43"W. a distance of 120.68 feet; thence N.53°32'27"W. a distance of 1350.11 feet; thence N.39°33'03"W. a distance of 62.05 feet; thence N.53°32'27"W. a distance of 302.20 feet; thence N.54°16'17"W. a distance of 147.56 feet; thence along a non-tangent curve to the left having a radius of 1849.86 feet and a central angle of 11°37'40" for an arc length of 375.42 feet, said curve having a chord bearing of N.61°36'08"W. for 374.77 feet; thence N.82°50'39"W. a distance of 59.79 feet; thence along a non-tangent curve to the left having a radius of 1834.86 feet and a central angle of 19°20'05" for an arc length of 619.18 feet, said curve having a chord bearing of N.78°53'01"W. for 616.25 feet; thence S.0°36'05"W. a distance of 2552.36 feet along the mid section line of Section27 to the C 14 of Section 27; thence N.89°29'32"E. a distance of 2221.92 feet along the mid section line of Section27 to southwest corner of Tract 1 of Certificate of Survey No. 3035; thence N.0°36'43"E. a distance of 189.74 feet; thence N.89°29'25"E. a distance of 420.77 feet to the Point of Beginning containing 114.69 acres more or less. WARRANTY DEED DOCUMENT No. 2736653 PARCEL 1 WARRANTY DEED DOCUMENT No. 2736653 PARCEL 2 WARRANTY DEED DOCUMENT No. 2736654 VALLEY CENTER SUB.LOT 1 VALLEY CENTER SUB.LOT 1 A LOT 7 LOT 7 A LOT 8 LOT 8 LOT 1 1 LOT 1 1 A LOT 1 1 B PARK MINOR SUB 426LOT 5LOT 42022 - SILO ANNEXATION MAP ANNEXATION AREA SUMMARY REMU ZONING: TOTAL ANNEXATION AREA: 114.69 acres (4,995,896.4) Sq. Ft. LEGAL DESCRIPTION 114.69 acres (4,995,896.4) Sq. Ft.BOZE M A N C O M M U NI T Y PLAN F U T U R E L A N D USE: U R B A N NEIGH B O R H O O D BOZE M A N COMM U NI T Y P L A N FUTU R E L A N D U S E: RESID E N TI A L MIXE D U S E BOZE M A N C O M M U N I T Y PLAN F U T U R E L A N D USE: R E S I D E N TI A L MIXED U S E ZONI N G - R - 5 IN T E R S T A T E - 9 0 - H I G HW A Y WESTLAKE ROAD - COUNTY ROAD EASEMENTDAVIS LANE - COUNTY ROAD EASEMENTBOZE M A N C O M M U N I T Y PLAN F U T U R E L A N D USE: U R B A N NEIGH B O R H O O D BOZE M A N C O M M U N I T Y PLAN F U T U R E L A N D USE: U R B A N NEIGH B O R H O O D BOZE M A N C O M M U NI T Y PLAN F U T U R E L A N D USE: U R B A N NEIGH B O R H O O D BOZE M A N C O M M U N I T Y PLAN F U T U R E L A N D USE: U R B A N NEIG H B O R H O O D TRAC T A- 1 COS 1 6 5 A PARC E L 2 COS 3 0 3 5 PRO P O S E D Z O NI N G: R E M U 115 116 117 118 Inter-office Original to:CityofBozemanCity ClerkPO Box 1230Bozeman MT 549771-1230SILOANNEXATION AGREEMENTTHIS AGREEMENT made and entered into thisday of.52022, by and between the CITY OF BOZEMAN, a self-governing municipal corporationorganized and existing under its Charter and the laws of the State of Montana with offices at 121N. Rouse Avenue, Bozeman, Montana 59771-0640, hereinafter referred to as "City", and VirgaVenture II LLC, PO Box 1070, Bozeman MT 59771, hereinafter referred to as "Landowner".WITNESSETH:WHEREAS, Landowner is owner in fee of a tract of certain real property, hereinafterreferred to as the SILO ANNEXATION situated in Gallatin County, Montana, and moreparticularly described as follows:An area of land comprised described as follows:Three parcels of land as described in Warranty Deed document number 2736653 Parcel 1and Parcel 2 and the parcel described in Warrant Deed document number 2736654;situated in the NE 1/4 of Section 27, Township 1 South, Range 5 East, PrincipalMeridian, Gallatin County, Montana, and being more particularly described as follows:Commencing at the E 1/4 of Section 27, Township 1 South, Range 5 East, thenceN.O°36'43"E. a distance of 189.78 feet to the Point of Beginning being the northeastcomer of Tract 1 of Certificate of Survey No. 3035; thence N.O°36'43"E. a distance of464.88 feet along the east line of said Section27 to the south line of highway right of waySILO Annexation Agreement1119 per Bargain and Sale Deed Book 145, Page 293; thence N.89°23'17"W. along said rightof way a distance of 50.00 feet; thence N.O°36'43"E. a distance of 195.38 feet; thencealong a non-tangent curve to the left having a radius of 523.09 feet and a central angle of17°34'16" for an arc length of 160.42 feet, said curve having a chord bearing ofN.9°16'00"W. for 159.79 feet to the southwest line of highway right of way per Bargainand Sale Deed Film 143, Page 643; thence N.33°51'43"W. a distance of 120.68 feet;thence N.53°32'27"W. a distance of 1350.11 feet; thence N.39°33'03"W. a distance of62.05 feet; thence N.53°32'27"W. a distance of 302.20 feet; thence N.54°16'17"W. adistance of 147.56 feet; thence along a non-tangent curve to the left having a radius of1849.86 feet and a central angle of 11°37'40" for an arc length of 375.42 feet, said curvehaving a chord bearing ofN.61°36'08"W. for 374.77 feet; thence N.82°50'39"W. adistance of 59.79 feet; thence along a non-tangent curve to the left having a radius of1834.86 feet and a central angle of 19°20'05" for an arc length of619.18 feet, said curvehaving a chord bearing ofN.78°53'01"W. for 616.25 feet; thence S.O°36'05"W. a distanceof 2552.36 feet along the mid section line of Section27 to the C 1/4 of Section 27;thence N.89°29'32"E. a distance of 2221.92 feet along the mid section line of Section27to southwest comer of Tract 1 of Certificate of Survey No. 3035; thence N.O°36'43"E. adistance of 189.74 feet; thence N.89°29'25"E. a distance of 420.77 feet to the Point ofBeginning containing 114.69 acres more or less.All as depicted on the SILO Annexation Map.WHEREAS, the Landowner petitioned the City for annexation to the City of the SILOANNEXATION; andWHEREAS, the SILO ANNEXATION is not within the corporate limits of the City orother municipality and may therefore be annexed to the City in accordance with the provisions ofthis Agreement and Title 7, Chapter 2, Part 46, Mont. Code Ann.; andWHEREAS, all parties recognize the annexation of the SILO ANNEXATION pursuantto Section 7-2-4601, et seq., Mont. Code Ann. will allow the SILO ANNEXATION to connect toand utilize City services, including municipal water and sewer service, parks and recreation, fireand police services, and the City's transportation system; andWHEREAS, Section 7-2-4610, Mont. Code Ann. provides that a municipality andlandowner can agree to the provisions of services to the area to be annexed; andSILO Annexation Agreement2120 WHEREAS, the parties recognize additional development on the SILO ANNEXATIONwill impact area parks, recreation, transportation, police, and fire services, and that futureimprovements may require additional public infrastructure street improvements includingtransportation for traffic circulation and the provisions of parks, recreation, police, and fireservices; andWHEREAS, the Landowner finds this Agreement will provide for the most satisfactoryand dependable water supply and sewer supply or service, and provide transportation, parks,recreation, police and fire service for development of the SILO ANNEXATION; andWHEREAS, the parties have determined that it is in the best interests of the City andLandowner, and in furtherance of the public health, safety and welfare of the community to enterinto and implement this Agreement.WITNESSETH:DsT CONSIDERATION of the mutual covenants and agreements herein contained, theparties hereto agree as follows:1. Recitals2.The above recitals are true and correct.AnnexationThe Landowner filed an application for annexation of the SILO ANNEXATION with theCity on November 11 ,2021. By execution of this Agreement, the City manifests its intent to annexthe SILO ANNEXATION tract pursuant to the terms and conditions of this Agreement. Subjectto the provisions of Title 7, Chapter 2, Part 46, IVIont. Code Ann. the City shall, upon execution ofthis Agreement, adopt a Resolution of Annexation of the SILO ANNEXATION. Further, uponthe execution of this Agreement, the Landowner shall do all things required by this AgreementSILO Annexation Agreement3121 and all things necessary and proper to aid and assist the City in carrying out the terms, conditionsand provisions of this Agreement and to effect the annexation of the SILO ANNEXATION.3. Services ProvidedThe City will, upon annexation, make available to the SILO ANNEXATION existing Cityservices only to the extent currently available, or as provided in this Agreement.4. Municipal Water Service DefinedThe term "municipal water service" as is used in this agreement shall be the service whichis supplied by the City in accordance with Chapter 40, Article 2, Bozeman Municipal Code, asamended, as well as any other terms and conditions which apply to the City's provision ofmunicipal water service but does not include the extension of lines or construction of necessaryimprovements at any cost to the City for delivery of water to and within the SILO 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 SILO ANNEXATION toinclude, but not limited to, any impact fees, hook-up, connection, or development charges whichhave been or may be established by the City.5. Municipal Sewer Service DefinedThe term "municipal sewer service" as is used in this Agreement shall be the service whichis supplied by the City in accordance with Chapter 40, Article 3, Bozeman Municipal Code, asamended, as well as any other terms and conditions which apply to the City's provision of thisservice but does not include the extension of lines or construction of necessary improvements atany cost to the City for collection of sewage at and within the SILO ANNEXATION. Nothing inthis 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 SILOSILO Aimexation Agreement4122 ANNEXATION to include, but not limited to, any impact fees, hookup, connection, ordevelopment charges which may be established by the City.6. Water RightsThe Landowner specifically recognizes and agrees the Landowner must provide waterrights or cash in-lieu of water rights upon further development or subdivision of the property inaccordance with Section 38.410.130, Bozeman Municipal Code. The City will calculate theamount of water rights or cash-in-lieu thereof due at the time of further development or subdivisionof the property based on the annual demand for volume of water the development will requiremultiplied by the most current annual unit price in effect on the date the water rights are transferredor payment-in-lieu of water rights is to be made to the City. As such, the Landowner acknowledgesthat the rates for cash in-lieu of water rights may increase over time as established by Resolutionof the City Commission. The applicant must perform a water rights search to determine if any existfor this property. The Landowner must transfer any water rights that exist for this property to theCity of Bozeman prior to development that the City of Bozeman determines are useful for Citypurposes. If insufficient water rights exist, the Landowner must pay cash in lieu of water rights, inan amount determined by the Director of Public Service, prior to development.7. Comprehensive Water and Water Design ReportPrior to future development of the property the City may require the Landowner to haveprepared by a Professional Engineer, at Landowner's sole expense, a comprehensive design reportevaluating existing capacity of sewer and water utilities in the area. The report must includehydraulic evaluations of each utility for both existing and post-development demands, and thereport findings must demonstrate adequate capacity to serve the full development of the land. Ifadequate infrastructure capacity is not available for the proposed development, the report mustSILO Annexation Agreement5123 identify water or wastewater system improvements necessary for the proposed development. Ifimprovements to this water or wastewater system are necessary, the Landowner agrees prior todevelopment of the SILO ANNEXATION to complete, at Landowner's expense, the necessarysystem improvements to serve the proposed development.8. Future Development LimitationsThe Landowner shall be responsible for installing all facilities required to provide fullmunicipal services to the property in accordance with the City's Infrastructure Master Plans andall City regulations, policies and guidelines that may be in effect at the time of any futuredevelopment. Thus, Landowner understands and agrees Landowner has no right, either granted orimplied, for it to further develop any of the SILO ANNEXATION until it is verified by the Citythat the necessary municipal services, including but not limited to police and fire protection, parksand recreation, transportation, and sewer and water capacity, are available to all or a portion of theSILO ANNEXATION. Notice is thus provided to the Landowner that prior to additionaldevelopment of the property, the Landowner will be solely responsible for installing, atLandowner's sole expense, any facilities or infrastructure required to provide full municipalservices to the SILO ANNEXATION in accordance with the City's infrastructure plans, adoptedGrowth Policies/Community Plans, and all other city regulations, policies and guidelines that maybe in effect at the time of development.9. Stormwater Master PlanLandowner understands and agrees a Stormwater Master Plan for the SILOANNEXATION for a system designed to remove solids, oils, grease, and other pollutants fromthe runoff from public streets and other impermeable surfaces may be required to be provided toand approved by the City Engineer at the time of any future development. The plan mustSILO Annexation Agreement6124 demonstrate that adequate treatment ofrunofffrom public streets, other impermeable surfaces, andall future lots will be achieved by providing spot elevations, flow direction arrows, detentionand/or retention basin details (including basin sizing calculations and basin typical sections), outletstmcture details, and culvert capacity calculations. The plan must also locate and provideeasements for adequate drainage ways within the SILO ANNEXATION to transport treated runoffto the stormwater receiving channel. The plan shall include site grading and elevation information,typical stormwater detention/retention basin and discharge stmcture details, basin sizingcalculations, and stormwater maintenance plan. Landowner recognizes the City may require suchStormwater Master Plan to be implemented in all or part as a condition of approval of developmentof the SILO ANNEXATION.10. Waiver of Risht-to-Protest Special DistrictsA. Landowner shall execute a Waiver of Right-to-Protest Creation of Special Districts(SID) or Special Improvement Districts for street and transportation improvements includingdesign and engineering, paving and subsurface improvements, curb and gutter, sidewalk andstormwater drainage facilities, and fiber optic conduit for E. Valley Center road, Ferguson Avenue,and Davis Lane and signalization improvements for the following intersections: a) Davis Lane andE. Valley Center Road as set forth in Exhibit "A". The Landowner agrees such SID will provide amechanism for the fair and equitable assessment of construction and maintenance costs for suchimprovements. The waiver is attached hereto as Exhibit "A" and is hereby incorporated in andmade a part of this Agreement.B. Landowner agrees that in the event a special district or an SID is not utilized for thecompletion of these improvements as described in subsection A above, the Landowner shallparticipate in an alternative financing method for the completion of the improvements on a fairSILO Annexation Agreement7125 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 combinationthereof.C. Landowner understands and agrees that the City will choose creation of a SID orspecial district or an alternative financing method for the completion of the improvements and mayuse either financing option at any time.11. Public Street and Utility EasementThe Landowner understands and agrees that a public street and utility easement must beprovided concurrent with signature of this agreement for Davis Lane adjacent to the SILOANNEXATION to include the southern half of the 100 foot required right of way for a minorarterial from the existing centerline; for E. Valley Center Road adjacent to the SILOANNEXATION to include the southern half of the 120 foot required right of way for a principalarterial from the existing centerline; and a 25 foot wide City standard public access easement fora multi-use path adjacent to the frontage of E. Valley Center Road. The Landowner, at its soleexpense, has created such easements in a location and form agreeable to the City and the easementwill be filed at the Gallatin County Clerk and Recorder's Office.The Landowner further understands and agrees that additional public street and utilityeasements may be required for delivery of municipal services with future development and sucheasement shall be provided at the Landowner's sole expense. A right of way for Ferguson Avenuewith a width of 90 feet for a collector and aligning with Ferguson Avenue to the south andintersecting with E. Valley Center Road in a location approved by the City of Bozeman andMontana Department of Transportation must be provided with future development.SILO Annexation Agreement8126 12.Street ImprovementsThe Landowner understands and agrees that at the time of future development the portionof the SILO ANNEXATION and its related transportation infrastructure fronting the SILOANNEXATION this property must be improved to a City standard at Landowner's expense.13. Impact^eesLandowner acknowledges that annexation and development of their property will impactthe City's existing sfa'eet, water and sewer infrastmcture, and the City's fire service. As approvedby 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 asamended, 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 pennit.C) Water impact fees as required by Chpt. 2, Art. 6. Div. 9 BMC, or as amended, atthe time of connection to city water services.D) Sewer impact fees as required by Chpt. 2, Art. 6. Div. 9 BMC, or as amended, atthe time of connection to city sewer services.The amount of impact fee the Landowner or its successors pay for connection to the city'swater and sewer services, if any, shall be calculated based on the provisions of the BozemanMunicipal Code, as amended, in effect at the time of application for a permit to connect. Theamount of street or fire impact fees to be paid, if any, shall be calculated based on the provisionsof the Bozeman Municipal Code, as amended, in effect at the time an application for buildingpermit is submitted.Landowner further understands and agrees that any improvements, either on-site or off-site, necessary to provide connection of the SILO ANNEXATION municipal services and whichare wholly attributable to the property as determined exclusively by the City are considered"project related improvements" as defined in Chapter 2, Article 6, Division 9, Bozeman MunicipalCode, as amended, and as such, are not eligible for impact fee credits.SILO Annexation Agreement9127 If Landowner defaults on this condition at the time such is to be performed, and shoulddefault not be remedied or corrected within thirty (30) days after written notice by City to theLandowner and Landowner/Developer of such default, City may at its option:A) Declare the amounts owing for impact fees immediately due and payableand City shall have the right and privilege to take legal action againstLandowners for the collection of such sum, including the entry of anyjudgment. In addition, the City may, at its option, enforce payment of suchamount by levying an assessment on the property.B) Elect any other remedy available to City under the laws of the State ofMontana.14. AssessmentsLandowner understands and agrees that aflter this Agreement is recorded the SILOANNEXATION will be subject to City assessments for arterial and collector streets, streetmaintenance, and tree maintenance on the same basis as all other properties in the City.15. Additional TermsThe parties recognize these documents must be filed and of record with the Gallatin CountyClerk and Recorder prior to the sale of any land within the SILO ANNEXATION. The partiesfurther agree that the City may file these documents at any time.16. Governing Law and VenueThis agreement shall be constmed under and governed by the laws of the state of Montana.In the event of litigation, venue is in the Eighteenth Judicial District Court, in and for County ofGallatin, State of Montana.17.Attorney's FeesSILO Annexation Agreement10128 In the event it becomes necessary for either party to this Agreement to retain an attorneyto enforce any of the terms or conditions of this Agreement, then the prevailing party shall beentitled to reasonable attorney's fees and costs, to include the salary and costs ofin-house counselincluding City Attorney.18. WaiverNo waiver by either party of any breach of any term, covenant or agreement shall bedeemed a waiver of the same or any subsequent breach of this same or any other term, covenantor agreement. No covenant, term or agreement shall be deemed waived by either party unlesswaived in writing.19. Invalid ProvisionThe invalidity or unenforceability of any provision of this agreement shall not affect theother provisions hereof, and this Agreement shall be constmed in all respects as if such invalid orunenforceable provision were omitted.20. Modifications or AlterationsNo modifications or amendment of this Agreement shall be valid unless evidenced by awriting signed by the parties hereto.21. No AssignmentIt is expressly agreed that the Landowner and/or Landowner/Developer shall not assignthis Agreement in whole or in part without prior written consent of the City.22. SuccessorsSILO Annexation Agreement11129 This Agreement shall be binding upon, inure to the benefit of and be enforceable by theparties hereto and their respective heirs, successors and assigns and specifically to any subsequentpurchaser of the annexed property.23. Covenants to Run withjhe LandThe parties intend that the terms of this Agreement shall benefit the SILO ANNEXATIONand shall be covenants running with the land and shall not expire at their deaths or upon transferof ownership of the property.The undersigned Landowner affirms that they have authority to enter into this Agreementand to bind themselves to this Agreement.IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed theday and year first above written.SILO Annexation Agreement12130 LANDOWNERVIRGA VENTURE II LLCBy: Robert LateinerIts:STATE OF MONTANA )COUNTY OF GALLATINa:ss)On this f^ day ofCbPnl^r, 2022, before me, the undersigned, a NotaryPublic for the State of Montana, personally appeared Robert Lateiner, as^Ui3UAr>~<>^/~ _ofVirga G^itri-known to me to be the landowner that executedthe within ii^tmment, and acknowledged to me^ that they executed the same for and on behalf oflandowner. \ ^^^ ^ LlC-IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal theday and year first above written.(SEAL)DES?.^^OlAR^-^,SEAL**^.?-^V-^o;^SUSAN L. DES JARDINSNOTARY PUBLIC for theState of MontanaResiding atBozeman, MontanaMy Commission ExpiresAugust01,2025^PM^CU^ L/T^^Q/AAS(Printed Name Here)Notary Public for the State ofResiding at ^D2j2--a/'c</vi \$IATMy Commission<^xpires: CT7oOL ZQZ-C(Use 4 digits for expiration year)SILO Annexation Agreement13131 CITY OF BOZEMANBy: JeffMihelich, City ManagerATTEST:City ClerkSTATE OF MONTANA ):ssCOUNTY OF GALLATIN )On thisday of.., 2022, before me, a Notary Public for thestate ofM^ontana, personally appeared JeffMihelich and Mike Maas, known to me to the personsdescribed in and who executed the foregoing instrument as City Manager and City Clerk respectively,of the City ofBozeman, whose names are subscribed to the within instrument and acknowledged to methat 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 andyear first above written.(SEAL)(Printed Name Here)Notary Public for the State of MontanaResiding atMy Commission Expires:(Use 4 digits for expiration year)SILO Annexation Agreement14132 EXHIBIT "A"WAIVER OF MGHT TO PROTESTCREATION OF SPECIAL DISTRICT OR SPECIAL IMPROVEMENT DISTRICTSSILO ANNEXATIONThe undersigned owner of the real property situated in the County ofGallatin, State of Montana,and more particularly described as follows:Three parcels of land as described in Warranty Deed document number 2736653 Parcel 1 andParcel 2 and the parcel described in Warrant Deed document number 2736654; sihiated in theNE 1/4 of Section 27, Township 1 South, Range 5 East, Principal Meridian, Gallatin County,Montana, and being more particularly described as follows:Commencing at the E 1/4 of Section 27, Township 1 South, Range 5 East, thence N.O°36'43"E.a distance of 189.78 feet to the Point of Beginning being the northeast comer of Tract 1 ofCertificate of Survey No. 3035; thence N.O°36'43"E. a distance of 464.88 feet along the eastline of said Section27 to the south line of highway right of way per Bargain and Sale DeedBook 145, Page 293; thence N.89°23'17"W. along said right of way a distance of 50.00 feet;thence N.O°36'43"E. a distance of 195.38 feet; thence along a non-tangent curve to the lefthaving a radius of 523.09 feet and a central angle of 17°34'16" for an arc length of 160.42 feet,said curve having a chord bearing ofN.9°16'00"W. for 159.79 feet to the southwest line ofhighway right of way per Bargain and Sale Deed Film 143, Page 643; thence N.33°51'43"W. adistance of 120.68 feet; thence N.53°32'27"W. a distance of 1350.11 feet; thenceN.39°33'03"W. a distance of 62.05 feet; thence N.53°32'27"W. a distance of 302.20 feet; thenceN.54°16'17"W. a distance of 147.56 feet; thence along a non-tangent curve to the left having aradius of 1849.86 feet and a central angle of 11°37'40" for an arc length of 375.42 feet, saidcurve having a chord bearing ofN.61°36'08"W. for 374.77 feet; thence N.82°50'39"W. adistance of 59.79 feet; thence along a non-tangent curve to the left having a radius of 1834.86feet and a central angle of 19°20'05" for an arc length of619.18 feet, said curve having a chordbearing ofN.78°53'01"W. for 616.25 feet; thence S.O°36'05"W. a distance of 2552.36 feetalong the mid section line of Section27 to the C 1/4 of Section 27; thence N.89°29'32"E. adistance of 2221.92 feet along the mid section line of Section27 to southwest comer of Tract 1of Certificate of Survey No. 3035; thence N.O°36'43"E. a distance of 189.74 feet; thenceN.89°29'25"E. a distance of 420.77 feet to the Point of Beginning containing 114.69 acresmore or less.IN CONSIDERATION of receiving approval for annexation of the subject property from theCity of Bozeman, along with accompanying rights and privileges and for other and valuableconsideration, the receipt of which is hereby acknowledged, and in recognition of the impacts to E.Valley Center from Hidden Valley Road to N. 27th Avenue, Ferguson Avenue from E. Valley Center toSILO Annexation Agreement15133 Catamount Street, and Davis Lane from E. Valley Center to Baxter Lane AND the intersection of E.Valley Center and Davis Lane which will be caused by the development of the above-describedproperty, the owner has waived and does hereby waive for itself, its successors and assigns forever theright to protest the creation of one or more special districts or special improvement districts for thedesign and engineering, constmction and maintenance of following improvements: lighting,signalization/channelization, paving and subgrade material, fiber optic conduit, curb/gutter, sidewalk,storm drainage facilities for:A) E. Valley Center from Hidden Valley Road to N. 27th Avenue,B) Ferguson Avenue from E. Valley Center to Catamount Street,C) Davis Lane from E. Valley Center to Baxter Lane, andD) the intersection of E. Valley Center and Davis Lane.Landowner agrees the City has the sole right to control the design and consft^iction of suchimprovements and may include any of the above components and others necessary to ensure suchimprovements comply with all adopted City infrastructure plans and requirements. Further, theLandowner waives its right or to make any written protest against the size or area or creation of thedistrict be assessed in response to a duly passed resolution of intention to create one or more specialimprovement districts which would include the above-described property.In the event a special district or special improvement district is not utilized for the completion ofthese improvements, the developer agrees to participate in an alternate financing method for thecompletion of said improvements on a fair share, proportionate basis as determined by the City on thebasis of the square footage of property, taxable valuation of the property, traffic contribution from thedevelopment or a combination thereof. Landowner understands and agrees that the City will chooseSILO Annexation Agreement16134 creation of a SID or special district or an alternative financing method for the completion of theimprovements 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 runningwith the land.The terms, covenants and provisions of this waiver shall extend to, and be binding upon thesuccessors-in-interest and assigns of the Landowner.DATED this _ day of_,2022.SILO Annexation Agreement17135 LANDOWNERVIRGA VENTURE II LLCBy: Robert LateinerIts:STATE OF MONTANA ):ssCOUNTY OF GALLATIN )On this I "^ day of C:t VoV2^^ , 2022, before ny, the undersigned, a Notary Publicfor the State of Montana, personally appeared Robert Lateiner, as \^A<^U/<:\cs^/~ _ ofVirga capital known to me to be the landowner that executed the within instmr^nt, and acknowledgedto me/that they executed the same for and on behalf of landowner./-\Je^^^ XT LLC-IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day andyear first above written.(SEAL)DES.^v'/.7d<%$%o-(^y<SEAL^"^\.<?~L-DES JARDINS^^RYPUBltClortheState of MontanaResiding atBozeman, MontanaMy'Commis^^o^E^res'August^l_2025_SiA^a^L C- V~>^s~^-AvA,b_(Printed Name Here) , r,Notary Public for the State of (^<£^ASSU^<.Residing at ^P^^0s/<\ M.&vA^^o.My Commission expires: OS ^){ Zo2 S'(Use 4 digits for expiration year)SILO Annexation Agreement18136 PUBLIC STREET AND UTILITY EASEMENTVirga Venture II LLC., GRANTOR, in consideration of $ 1.00 and forother and valuable considerations, receipt of which is acknowledged, grants to The City ofBozeman, a municipal corporation of the State of Montana, with offices at 121 North RouseAvenue, Bozeman, Montana 59715, GRANTEE, its successors and assigns, a perpetual streetand utility easement for the use of the public, in, through, and across a strip of land situated inGallatin County, Montana, 20' _, feet wide to be located on the following describedreal property: A parcel of land as described in Warranty Deed document number 2736654;situated in the NE 1/4 of Section 27, Township 1 South, Range 5^ast, PrincipaLMeridian,Gallatin County, Montana.The easement is more particularly described on the attached Exhibit A which by thisreference is made a part hereof.The GRANTOR states that he possesses the real property described above and that he hasa lawful right to grant an easement thereon.The GRANTOR further agrees that the GRANTEE may peaceably hold and enjoy therights and privileges herein granted without any intermption by the GRANTOR.The terms, covenants, and provisions of this easement shall extend to and be bindingupon the heirs, executors, administrators, personal representatives, successors, and assigns of theparties hereto.DATED this Z5 day of ^P \^U^ \W^ , 20_?Z_.^ 9^^^Grantor137 CORPORATE:STATE OF MONTANA )):ssCounty of Gallatin )On this Z2, day of 5^^p4^iU ^ . 20_?^, before me the undersigned, a NotaryPublic for the State of Montana, pei-sonally appeared '(2<)lo<r { i-^\- ^AA-^r , known tome to be _M^i/fiA<sc_ of ViV^A ^UAi^-'^ayS'the person whose name is subscribed tothe within instmmeht and acknowledged to me that he executed the within instmment for and onbehalf of \}^a J^-Kvc TT UjC . .IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal theday and year first above written."SUSAN L. DES JARDINSNOTARY PUBLIC for theState of MontanaResiding at(SEAL) |\^-.SEAL.-jy . Bozeman'Mon^a^,<^- •. • ••^/ Mv'Commission Expires' August 01,2025J^v^^OTAR4<..^,^<p(^U/)a^-L-v^Njptary Public for the State^Montana<rS(l£>O^A C. \^c-S.3^/^\\^r(Printed Nam^)Residing at 1/D^M^A^'xpires0^ / 0\ /2025-138 ACCEPTED:CITY OF BOZEMANby _City ManagerATTEST:City ClerkSTATE OF MONTANACounty of GallatinOn this)ss.day of), 20_, before me, a Notary Public forthe State of Montana, personally appeared JEFF MIHELICH and MIKE MAAS, known to me tobe the City Manager and City Clerk, respectively, of the City ofBozeman and the persons whosenames are subscribed to the within instmment, and acknowledged to me that they executed thesame for and on behalf of the City ofBozeman.IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal theday and year first above written.(SEAL)Notary Public for the State of Montana(Printed Name)Residing at_My Commission Expires//20139 HIGHWAY RIGHT OF WAY PERI-IQ-90-6 (3) 287 PLANSBARGAIN AND SALE DEEDBOOK 145. PAGE 293S89°23'17"E20.00'PROPOSED PUBLIC STREET ANDUTILFT/ EASEMENT (20.0' WIDE)WARRANTY DEEDDOCUMENT No. 2736654HI!Is1:1§aw_50'_\30'S89°29'25"W20.00'P.O.B.Sa9'29'25'W30.01'Ii1^15^I\m^/\/\HIGHWAY RIGHT OF WAY PER \STPS 235 1 W 5 PLANS \BARGAIN AND SALE DEEDFILM 14S, PAGE 646 \\\HIGHWAY RIQHT OF WAY PERI-IG.90.6 0) 287 PLANSBARGAIN AND SALE DEEDBOOK 145. PAGE 19\\•s,50)-!^EXHIBIT AA public street and utility easement to the City of Bozeman In, through,and across a strip of land 20 feet wide, located in the NE j Section 27,Township 1 South, Range 5 East, Principal Meridian, Gallatin County,Montana, and being more particularly described as follows:Commencing at the E ^ of Section 27, Township 1 South, Range 5East; thence N.O°36'43"E. a distance of 189.78 feet, thenceS.89°28'25'W a distance of 30.01 feet to the Point of Beginningbeing the west right of way of Davls Lane, thence S.89"29'25'W, adistance of 20.00 feet, thence N.O°36'43"E. a distance of 465.86 feet tothe south line of highway right of way per Bargain and Sale Deed Book145, Page 293, thence S.89°23'17"E. along sakJ right of way a distanceof 20.00 feet to the west right of way of Davis Lane, thenceS,OU36'43'W. a distance of 465.46 feet along said west right of way ofDavjs Lane to the Point of Beginning.LW,IIiIIIC/5EAST i SECTION 27^^sLSURVEYOR'S CERTIFICATEI Jon C. WIIklnson, Professional Land Surveyor, LicenseNo. 16411LS, do hereby certify that I conducted thiseasement survey.Dated this S'S- day of Awy^J^- , 2022,^^^^=Jan C. Wilkinson, PLS, CFedSMT Reg. # 16411LSMorrison-MaierlePUBLIC STREET AND UTILITYEASEMENT. DOC. 2750999^ffK^\§^te;'l£4^s^|%$^WARRANTY DEEDDOCUMENT No. 2739738 LESSHIGHWAY RIGHT OF WAY15.334 ACRES-N-0 30 60SCALE IN FEET.LWESTLAKE ROAD -COUNTT ROAD EASEMENT.LMorrisoniMaierle|Pto«(dtiy»cinc.'2t*0 Tt.hftndxpBoiW-n.WT^ 40a.M7,07i1WAWH BY',OSWt 6V _APPR. BY-_EXHIBIT A[BOZEMANDATE-_2Z.2S»Z_MONTANAPROJECT W.PUBLIC STREET AND UTILITY EASEMENTFtGURE HUMGEREX. A140 Virea Venture II LLC.PUBLIC ACCESS EASEMENT_, GRANTOR(S), in consideration of one dollar($1.00) and for other and valuable consideration, receipt of which is hereby acknowledged,grants to the City ofBozeman, a Municipal Corporation of the State of Montana, with offices at121 North Rouse Avenue, Bozeman, Montana 59715, GRANTEE, a public access easement fora multi-use path for the use of the public in, through and across a 25' feet wide strip of landsituated in Gallatin County, Montana, which is located on the following described property:Three parcels of land as described in Warranty Deed document number 2736653Parcel 1 and Parcel 2 and the parcel described in Warrant Deed document number 2736654;situated in the NE 1/4 of Section 27, T_ownship 1 South, Range 5^East, Principal Meridian,Gallatin County, Montana^The easement is more particularly described on the attached Exhibit A which by thisreference are made a part hereof.The GRANTOR(S) agrees:(1) To construct and maintain the multi-use path at their own expense in accordance withrelevant City Ordinances, including, but not limited to, snow removal and all major andminor repair work.(2) To allow the City to make any and all inspections of the multi-use path and landappurtenant thereto as the City reasonably deems necessary.141 The GRANTOR(S) warrant that they are lawfully seized and possessed of the realproperty described above, that they have a lawful right to convey the property, or any part of it,and that they will forever defend the title to this property against the claims of all persons.The GRANTOR further agrees that the GRANTEE may peaceably hold and enjoy therights and privileges herein granted without any interruption by the GRANTORS. The terms,covenants and provisions of this easement shall extend to and be binding upon the heirs,executors, administrators, personal representatives, successors and assigns of the parties hereto.DATED this ^-^ day of ^M^O ?2_.G%i%^=^CORPORATESTATE OF MONTANA )) ss.County of Gallatin )On this 'Z'2> day of ^^(P^tU^Ty _, 20 2Z , before me the undersigned, aNotary Public for the State ofM<Aitana, personally appeared,'i2cit»€v4 Lx^e. \AJ^' , known tome to be the (Ua^^<^^/ ____^^ of \)\\f \o Lfc^Jwt IT LLC and theperson whose name is subscribed to the within instrument and acknowledged to me that heexecuted the within instmment for and on behalf of V/^/c, c\ ^}^{A^\JU-€_ IT LtCIN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal theday and year first above written.(SEAL)142 ^Vklta^- L^/(IAA^Notary Public for the State o'f^IontanaSllboL^\ L. T>4 ^/c^^(Printed Nam^Residing in ^50.QUAKIDES^>\^^:%^A^^*SEAL*^^%•^-^OFMOSUSAN L, DBS JARDINSNOTARY PUBLIC for theState of MontanaResiding atBozeman, MontanaMy Commission ExpiresAugust01,2025My Commission Empires Qt^> / Ot /20^S"143 ACCEPTED:CITY OF BOZEMANBy:City ManagerATTEST:City ClerkSTATE OF MONTANA )) ss.County of Gallatin )On thisday of_, 2_, before me, a Notary Public for theState of Montana, personally appeared JEFF MIHELICH and MIKE MAAS, known to me to bethe City Manager and City Clerk for the City ofBozeman and the persons whose names aresubscribed to the within instmment, and acknowledged to me that they executed the same for andon behalf of the City ofBozeman.IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal onthe day and year first above written.(SEAL)Notary Public for the State of Montana(Printed Name)Residing at Bozeman, MontanaMy Commission Expires: / _/20_144 .£-I•ssrtbjI Ii!-^•I»n" ssS)s§I<l?iis:11 5i|iI'llIll<v inllit^l" £'^I?|"i^fi•s"Kl•sJiilltliiJid^lii?!^tllll!^tlil§1111111i?lllliiilillll^s^.til'S "-S"Iljts:IHItillli-.2n"' ?. s ^gsitilKIs-^l!^I 5 l^ S^'!'? s s>1£JS ? fc sa^N1^?~8uIIIIIIIIS <5-sK^pssi3!i'si'lsi''S :g S -oiiiJll?tI?! S's S'"'S w g u>!^1?:^.lliilitlllIIILzNiiiijsi^SS^pijfjtlii?Si^" 01 s:^s5;££"*'-^lifliHlilllljlijiljijijl^i^^S^^I^^lliliii^slsilllllPSlililil;:il^lIll^^ai -S!It!n-£ni'lt£ S'ISIJ5? ?illill^z "!e.HIlllit%'s..§"sllii^5S£?£iss&slliliil,§i HIl?liIII!III!^1111PitSt;-?^ S j ?8 S °3-£Eg9Z N01133SLZ N01133Sbsjj,: in.i^ilI! I jIII!Is|atiI]11li3ssHII»*""""/»,@'"jj 'tftII Ij ^||y-.7^ ^yIs u^:^^s3-IiiNL^u1/3iit5-gN1^h^<sxiMu§ib?slllli\s^-?ss sf^!^§//gs/;"s5sss15/•o•s,IS^s8g'^"0liy^/?"sslliii/1^/>?^7,.?"ss8^.pg^M^s//SgB§/Zi-^§• ^aEy/0'?,s-"sisSjgi^svs0^gss=s2£s<y'stwsgs3 <3g/ss!:S!SII? 5§!/II Ut/3»• ^»^N"^^iigss-sS8^/YLM&^riu<.?ssI^.s§s0/y-oi§s"?!8/^fc 0< 3—i^gg0TO,s/sIIII!!,SiI/-ft&plsi/a/IllM/Is^gs^sl!lll/ass.(As§III! isS3^/liil/IS^PJas!lliijlj|i(/FS|5STiuSBs"2ffgn§gps£7,uji?lgs/R5sS!SsgSR-(0/'^u"szi-y/g^•IPQ&,s< 3/ft>•os:0n^zI^. .5&.s^^§uIUZumn^II^•%18^p'l'-.5''°.^*?V:•-0•^^^s '°°»%^^?V:%>Q>^?y?^%s.>II145 Memorandum REPORT TO:City Commission FROM:Chris Saunders, Community Development Manager Anna Bentley, Community Development Director SUBJECT: Resolution 5453, the Yellowstone Montessori Academy Annexation, Annexation of 1705 W Kagy Blvd, Application 22121 MEETING DATE:November 15, 2022 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Approve Resolution 5453. 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:Commission approved annexation of this property on November 1, 2022. The actual resolution 5453 was accidentally omitted from the Commission packet for November 1st. This action places the actual resolution before the Commission. UNRESOLVED ISSUES:None ALTERNATIVES:As identified by the City Commission FISCAL EFFECTS:None Attachments: Resolution 5453 YMA Annexation.pdf 220340 ANNX Map-10.23.2022.pdf Report compiled on: November 7, 2022 146 Page 1 of 3 RESOLUTION NO. 5453 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE ANNEXATION OF CERTAIN 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 TRACTS TOTALING 1.0556 ACRES, KNOWN AS THE YELLOWSTONE MONTESSORI ACADEMY ANNEXATION, APPLICATION 22121. WHEREAS, the City of Bozeman received a petition for annexation requesting the City Commission to extend the boundaries of the City of Bozeman so as to include an area of land containing approximately 0.87 acres, located at 1625 Kagy Blvd; and WHEREAS, the petition was submitted by the landowner on March 24, 2022 requesting the City Commission to extend the boundaries of the City of Bozeman; and WHEREAS, an annexation staff report was prepared in accordance with the Commission's goals and policies for annexation and was presented to the Commission on November 1, 2022; and WHEREAS, a public meeting on said annexation petition was duly noticed and held on November 1, 2022; and WHEREAS, the City did not receive any written protest from the real property owners of the area to be annexed; and 147 Resolution 5453 Yellowstone Montessori Academy Annexation Page 2 of 3 WHEREAS, the provision of available services to said tracts as described is the subject of an Annexation Agreement; and WHEREAS, the City of Bozeman is required to annex adjacent public right of way such as Kagy Blvd; and WHEREAS, the Bozeman City Commission hereby finds that the annexation of these tracts 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, 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 1.0556 acres, to wit: Legal Description Parcels of land being: An area of land comprised described as follows: That part of Tract 11, BEATTY’S SUBDIVISION, [Plat E-26], according to the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, as described in Document No. 2535497, and that part of adjacent Kagy Boulevard lying north of the centerline, and located in the Southwest Quarter of Section 13, Township 2 South, Range 5 East of P.M.M Said property is further described as follows: Beginning at the northeast corner of said part of Tract 11; thence southerly 181°25’29”, assumed azimuth from north, 264.72 feet along the east line of said part of Tract 11 and its southerly extension to the centerline of Kagy Boulevard; thence westerly 270°57’21” azimuth 179.58 feet along said centerline; thence northerly 001°15’10” azimuth 265.00 feet along west line of said part of Tract 11 and its 148 Resolution 5453 Yellowstone Montessori Academy Annexation Page 3 of 3 southerly extension; thence easterly 271°02’47” azimuth 180.38 feet along the north line of said part of Tract 11 to the point o beginning. Area of Lots = 37,897 square feet, 0.8700 acre or 3,520.8 square meters. Area of Kagy right of way = 8,084 square feet, 0.1856 acre or 751.0 square meters. Section 2 This Resolution is effective upon passage: PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 15th day of November, 2022. ___________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 149 CERTIFICATE OF SURVEY COMPLETED FOR ANNEXED PROPERTYVICINITY MAPNOT TO SCALE150 Memorandum REPORT TO:City Commission FROM:Tom Rogers, Senior Planner Anna Bentley, Community Development Director SUBJECT:Ordinance 2115, Provisional Adoption of the West University Properties Zone Map Amendment to Establish Initial Zoning of 48.98 Acres of B-2M and 47.9 Acres of REMU in Conjunction with the West University Properties Annexation Located Northwest of the Intersection of South 19th Avenue and Stucky Road; Application 21409 MEETING DATE:November 15, 2022 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Provisionally Adopt Ordinance No. 2115. 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 Commission conducted a public hearing on April 2, 2022 on this application to annex property. After consideration of all matters and information presented the City Commission approved the application and associated zoning of REMU and B-2M and moved to direct staff tp prepare the annexation agreement for final review and approval. The final annexation agreement is prepared and signed by the applicant and ready for final approval by the City Commission. The associated pubic street and utility easements accompany this agreement. All documents are now presented for final action by the City Commission. UNRESOLVED ISSUES:None. ALTERNATIVES:As determined by the Commission. FISCAL EFFECTS:None. Attachments: 21409 West University ZMA Ordinance 2115.pdf West University ZMA 2-16-22.pdf Report compiled on: November 2, 2022 151 Ord 2115 Page 1 of 7 ORDINANCE 2115 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO ESTABLSIH INITIAL MUNICIPAL ZONING OF REMU, RESIDENTIAL EMPHASIS MIXED USE, AND B-2M, COMMUNITY BUSINESS MIXED, KNOWN AS THE WEST UNIVERSITY PROPERTIES ZONE MAP AMENDMENT, APPLICATION 21409. 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 March 7, 2022 to receive and review all written and oral testimony on the request for a zone map amendment; and 152 Ordinance No. 2115, West University Properties ZMA Page 2 of 7 WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City Commission that application No. 21409 the West University Properties Zone Map Amendment, be approved as requested by the applicant; and WHEREAS, after proper notice, the City Commission held its public hearing on April 2, 2022, 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. Zoning, including amendments to the zoning map, must be in accordance with an adopted growth policy; 2. 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; 3. A new growth policy was adopted in November, 2020 and the REMU and B-2M complies with the new future land use map; 4. 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; 5. The Bozeman Zoning Commission has been established as required in state law and conducted their required public hearing; and after consideration of application materials, 153 Ordinance No. 2115, West University Properties ZMA Page 3 of 7 staff analysis and report, and all submitted public comment recommended approval of the requested REMU and B-2M districts. 6. 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. 7. The City Commission considered the application materials, staff analysis and report, Zoning Commission recommendation, all submitted public comment, and all other relevant information. 8. 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. 21409 West University Properties Annexation Zone Map Amendment have been satisfied. Section 2 That the zoning district designation of the following-described property is hereby designated as B-2M, Community Commercial District-Mixed: An area of land comprised described as follows: A tract of Land encompassing a portion of Lot 2A of Min or Subdivision No. 191B, excepting out Lot 1 A of Min or Subdivision 503A, and Portion s of MDT ROW West of the Centerline of South 19th Avenue, located within portion s of the South East One Quarter of Section 14, Town ship 2 South, Range 5 East, Principal Meridian Montana, Gallatin County, Mon tan a, an d more particularly described as follows: Beginning at a point (P.0.B 2), which is a point that bears S 88” 13’ 47" E, a distance of 808.18 feet from the said One Quarter Corner between Sections 14 and 23 an d said centerline of Stucky Road; thence, N 01' 26’ 11" E, a distance of 772.28 feet to the beginning of a curve; thence, 75.79 feet along a curve to the left, with a radius of 150.00 feet, a delta angle of 28' 56' 58", and a chord bearing of N 13' 02’ 19" W, with a chord distance of 74.99 feet to a point; thence, N 27’ 30’ 48" W, a distance of 288.90 feet to the Beginning of a curve; thence, 75.79 feet along a curve to the right, with a radius of 150.00 feet, a delta angle of 28’ 56' 58", and a chord bearing of N 13’ 02’ 19" W, with a chord distance of 74.99 feet to a point; thence, N 01” 26’ 11” E, a distance of 148.05 feet a point; 154 Ordinance No. 2115, West University Properties ZMA Page 4 of 7 thence, S 88“33’ 49" E, a distance of 681.73 feet to a point on the centerline of West Kagy Boulevard; thence, along said centerline, S 88“33’ 49" E, a distance of 1415.09 feet to a point; thence, leaving said centerline, S 07” 19’ 59" W, a distance of 222.12 feet to a point. thence, S 28” 55' 08" W, a distance of 77.03 feet to a point; thence, S 46” 16’ 01 " W, a distance of 79.96 feet to a point; thence, S 00” 37’ 20" W, a distance of 89.39 feet to a point; thence, S 88' 37’ 59" E, a distance of 626.00 feet to a point on the Centerline of South 19th A venue; thence, along said centerline, S 01' 35' 23" W, a distance of 893.86 feet to a point on the line comm on to said sections 14 and 23 and the intersection of said South 19th and Stucky Road; thence, leaving said South 19th avenue and continuing along the said section line and centerline of Stucky Road, N 88' 13' 47" W, a distance of 1747. 93 feet to the P.0.B 2. Said area being 2,133, 574 square feet or 48.98 acres more or less, along with and subject to all easements of record That the zoning district designation of the following-described property is hereby designated as REMU, Residential Emphasis Mixed Use: An area of land comprised described as follows: A tract of Land encompassing a portion of Lot 2A of Min or Subdivision No. 191B, excepting out Lot 1 A of Min or Subdivision 503A, located within portion s of the Southeast One Quarter of Section 14, Town ship 2 South, Range 5 East, Principal Meridian Montana, Gallatin County, Montana, and more particularly described as follows: Beginning at a point (P.0.B), which is the One Quarter Corner comm on to Section s 14 and 23 and upon the centerline of Stucky Road; thence, leaving said centerline, N 01 ' 12' 35" E, a distance of 30.00 feet to a point on the North Easement line of said Stucky Road; thence, along said North line, S 88’ 13’ 47" E, a distance of 146.63 feet to a point; thence, leaving said North line, N 01’ 12’ 35" E, a distance of 2298.03 feet to a point; thence, S 88“55’ 43" E, a distance of 1323.98 feet to a point; thence, S 09“43’ 14" W, a distance of 1032.74 feet to a point; thence, N 88“33’ 49" W, a distance of 681.73 feet to a point; thence, S 01“26’ 11" W, a distance of 148.05 feet to the Beginning of a curve; thence, 75.79 feet along a curve to the left, with a radius of 150.00 feet, a delta angle of 28” 56' 58", and a chord bearing of S 13” 02’ 19" E, with a chord distance of 74.99 feet to a point; thence, S 27” 30’ 48" E, a distance of 288.90 feet to the Beginning of a curve; 155 Ordinance No. 2115, West University Properties ZMA Page 5 of 7 thence, 75.79 feet along a curve to the right, with a radius of 150.00 feet, a delta angle of 28” 56' 58", and a chord bearing of S 13” 02’ 19" E, with a chord distance of 74.99 feet to a point; thence, S 01’ 26’ 11" W, a distance of 772.28 feet to a point on said line between section 14 and 25 and centerline of said Stucky Road; thence, along said line, N 88’ 15' 47" W, a distance of 808.18 feet to the P.O.B. Said area being 2,086,512 square feet or 47.90 acres more or less, along with and subject to all easements of record. Section 3 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4 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 5 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. 156 Ordinance No. 2115, West University Properties ZMA Page 6 of 7 Section 6 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 7 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. 157 Ordinance No. 2115, West University Properties ZMA Page 7 of 7 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 15th day of November, 2022. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the ____ of ________________, 2022. The effective date of this ordinance is _____________, ____, 20___. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 158 159 Memorandum REPORT TO:City Commission FROM:Chris Saunders, Community Development Manager Anna Bentley, Community Development Interim Director SUBJECT:Ordinance 2122, Provisional Adoption of the Silo Annexation Zone Map Amendment to Establish Initial Zoning of Residential Emphasis Mixed Use (REMU) on Approximately 125.265 Acres Located Northwest of the Intersection of Davis Lane and E. Valley Center Road, Application 21422 MEETING DATE:November 15, 2022 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Provisional Adoption of Ordinance 2122. 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 property owners seek to complete initial zoning is conjunction with annexation annexation of three parcels totaling approximately 115 acres into the City limits and adjacent public right of way. The City is required to annex and zone the adjacent right of way for E. Valley Center and Davis Lane. The City Commission unanimously approved the application on July 26, 2022. Application materials are available through the City's Community Development Viewer and Laserfiche. The applicant has satisfied all contingencies and final action is required by the City Commission to complete the annexation process. UNRESOLVED ISSUES:None. ALTERNATIVES:As identified by the City Commission. FISCAL EFFECTS:None. Attachments: Ordinance 2122 Silo Annexation ZMA.pdf 6916002-ZMA Map Amendment 100622 signed.pdf Exhibit B - MDT Road Plans 235-1(6)5.pdf Report compiled on: November 1, 2022 160 Ord 2122 Page 1 of 6 ORDINANCE 2122 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZMAN ZONING MAP TO ESTABLISH AN INITIAL MUNICIPAL ZONING ON 125.265 ACRES AS REMU (RESIDENTIAL EMPHASIS MIXED USE DISTRICT), THE SILO ANNEXATION ZONE MAP AMENDMENT, APPLICATION 21442 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 Community Development Board has been created by Resolution 5330; and WHEREAS, the City of Bozeman Community Development Board has been assigned the duties of the Zoning Commission required by Section 76-2-307 MCA; 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 conducting the required public hearing on May 2, 2022, the Bozeman Community Development Board in their capacity as the Zoning Commission recommended to the Bozeman City Commission that application No. 21442, the Silo Annexation Zone Map Amendment, be approved as requested by the applicant; and 161 Ordinance No. 2122, Silo Zone Map Amendment Page 2 of 6 WHEREAS, after proper notice, the City Commission held its public hearing on July 28, 2022, to receive and review all written and oral testimony on the request for the zone map amendment; and WHEREAS, the City Commission 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, 162 Ordinance No. 2122, Silo Zone Map Amendment Page 3 of 6 staff analysis and report, and all submitted public comment recommended approval of the requested REMU district. 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. 21442 the Silo Annexation Zone Map Amendment have been satisfied and no spot zoning occurs. Section 2 That the zoning district designation of the following-described property is hereby established as REMU (Residential Emphasis Mixed Use District): Legal Description Parcels of land being: An area of land comprised described as follows: Three parcels of land as described in Warranty Deed document number 2736653 Parcel 1 and Parcel 2 and the parcel described in Warrant Deed document number 2736654; situated in the NE 1/4 of Section 27, Township 1 South, Range 5 East, Principal Meridian, Gallatin County, Montana, and being more particularly described as follows: Commencing at the E 1/4 of Section 27, Township 1 South, Range 5 East, thence N.0°36'43"E. a distance of 189.78 feet to the Point of Beginning being the northeast corner of Tract 1 of Certificate of Survey No. 3035; thence N.0°36'43"E. a distance of 464.88 feet along the east line of said Section27 to the south line of highway right of way per Bargain and Sale Deed Book 145, Page 293; thence N.89°23'17"W. along said right of way a distance of 50.00 feet; thence N.0°36'43"E. a distance of 195.38 feet; thence along a non-tangent curve to the left having a radius of 523.09 feet and a central angle of 17°34'16" for an arc length of 160.42 feet, said curve having a chord bearing of 163 Ordinance No. 2122, Silo Zone Map Amendment Page 4 of 6 N.9°16'00"W. for 159.79 feet to the southwest line of highway right of way per Bargain and Sale Deed Film 143, Page 643; thence N.33°51'43"W. a distance of 120.68 feet; thence N.53°32'27"W. a distance of 1350.11 feet; thence N.39°33'03"W. a distance of 62.05 feet; thence N.53°32'27"W. a distance of 302.20 feet; thence N.54°16'17"W. a distance of 147.56 feet; thence along a non-tangent curve to the left having a radius of 1849.86 feet and a central angle of 11°37'40" for an arc length of 375.42 feet, said curve having a chord bearing of N.61°36'08"W. for 374.77 feet; thence N.82°50'39"W. a distance of 59.79 feet; thence along a non-tangent curve to the left having a radius of 1834.86 feet and a central angle of 19°20'05" for an arc length of 619.18 feet, said curve having a chord bearing of N.78°53'01"W. for 616.25 feet; thence S.0°36'05"W. a distance of 2552.36 feet along the mid section line of Section27 to the C 1/4 of Section 27; thence N.89°29'32"E. a distance of 2221.92 feet along the mid section line of Section27 to southwest corner of Tract 1 of Certificate of Survey No. 3035; thence N.0°36'43"E. a distance of 189.74 feet; thence N.89°29'25"E. a distance of 420.77 feet to the Point of Beginning containing 114.69 acres more or less. All as depicted on the SILO Zone Map Amendment Exhibit Map. And That public right of way for E. Valley Center as depicted on sheets 14 and 15 of the plans for Montana Department of Transportation Project Number STPS 235-1(6)5 from station 38+00 to station 4+95.56 to include the entire width of the right of way to the northern boundary line of the right of way to include that portion of the spur road shown on said plans and not including Tract 2, Certificate of Survey 1372 or the right of way for Interstate 90; and containing 10.575 acres more or less. As depicted on Exhibit B – Excerpt Sheets from STPS 235-1(6)5 Section 3 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4 164 Ordinance No. 2122, Silo Zone Map Amendment Page 5 of 6 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 5 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 6 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 7 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 15th day of November 2022. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: 165 Ordinance No. 2122, Silo Zone Map Amendment Page 6 of 6 ____________________________________ 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 6th of December 2022. The effective date of this ordinance is __________, __, 2022. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 166 S0°36'05"W 2552.36'N89°29'32"E 2221.92' N 5 3 ° 3 2 ' 2 7 " W 1 3 5 0 . 1 1 ' 30' 30' 50' N0°36'43"E 189.74' N89°23'17"W 50.00' N33°51'43"W 120.68' 50' N82°50'39"W 59.79'N54°16'17"W 147.56' N39°33'03"W 62.05' N89°29'25"E 420.77' N0°36'43"E 464.88' N53°32'27"W 302.20' N0°36'43"E 189.78' N0°36'43"E 195.38'30'30'E27SE27SE27SE27SE27S12W12W12W12W12W12WE27S E27S E27S 16W 16W 16W 16 W 16 W 16 W 8W 8W 8W 8W R=523.09' L=160.42' Δ=17°34'16" CB=N9°16'00"W CH=159.79' R=1849.86' L=375.42' Δ=11°37'40" CB=N61°36'08"W CH=374.77' R=1834.86' L=619.18' Δ=19°20'05" CB=N78°53'01"W CH=616.25' ©COPYRIGHT MORRISON-MAIERLE, INC., SHEET NUMBER PROJECT NO.DRAWN BY: FLD WK. BY: CHK. BY: DATE: 2022 Plotted by jon c. wilkinson on Oct/6/2022N:\6916\002 - Davis Ln ZMA and Annex\ACAD\Exhibits\6916002-ZMA Map.dwgZONE MAP AMENDMENT BOZEMAN MONTANA 6916.002 SHT. 1 JCW JCW MEE 09/2022engineers surveyors planners scientists MorrisonMaierle 2880 Technology Blvd West Bozeman, MT 59718 Phone: 406.587.0721 www.m-m.net 300 EAST 14 SECTION 27 60' COUNTY ROAD EASEMENT DAVIS LANE HIGHWAY RIGHT OF WAY PER I-IG-90-6(3)287 PLANS BOOK 145, PAGE 293 HIGHWAY RIGHT OF WAY PER STPS 235 1 (4) 5 PLANS BARGAIN AND SALE DEED FILM 143, PAGE 640 V A L L E Y C E N T E R R O A D - H I G H W A Y S T P S 2 3 5 1 ( 4 ) 5 HIGHWAY RIGHT OF WAY PER STPS 235 1 (4) 5 PLANS BARGAIN AND SALE DEED FILM 143, PAGE 643 P.O.B. ALL THAT PART OF THE NE 1 4 OF SECTION 27 LYING SOUTH AND WEST OF THE SOUTH RIGHT OF WAY OF HIGHWAY AS STATED IN BARGAIN AND SALE DEEDS FILM 143, PAGE 640, FILM 143, PAGE 643, AND BOOK 145, PAGE 293, EXCEPTING THEREFROM TRACT 1 OF CERTIFICATE OF SURVEY No. 3035; SITUATED IN TOWNSHIP 1 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, GALLATIN COUNTY, MONTANA,SECTION 26SECTION 27PARC E L 1 COS 3 0 3 5 EASEMENT AREA PER STPS 235 1 (4) 5 PLANS BARGAIN AND SALE DEED FILM 143, PAGE 643 EASEMENT AREA PER STPS 235 1 (4) 5 PLANS BARGAIN AND SALE DEED FILM 143, PAGE 640 WARRANTY DEED DOCUMENT No. 2736653 PARCEL 1 WARRANTY DEED DOCUMENT No. 2736653 PARCEL 2 WARRANTY DEED DOCUMENT No. 2736654 VALLEY CENTER SUB.LOT 1 VALLEY CENTER SUB.LOT 1 A LOT 7 LOT 7 A LOT 8 LOT 8 LOT 1 1 LOT 1 1 A LOT 1 1 B PARK MINOR SUB 426LOT 5LOT 42022 - SILO ZONE MAP AMENDMENT ZONING AREA SUMMARY REMU ZONING: TOTAL ZONING AREA: 114.69 acres (4,995,896.4) Sq. Ft. LEGAL DESCRIPTION 114.69 acres (4,995,896.4) Sq. Ft.BOZE M A N C O M M U NI T Y PLAN F U T U R E L A N D USE: U R B A N NEIGH B O R H O O D BOZE M A N COMM U NI T Y P L A N FUTU R E L A N D U S E: RESID E N TI A L MIXE D U S E BOZE M A N C O M M U N I T Y PLAN F U T U R E L A N D USE: R E S I D E N TI A L MIXED U S E ZONI N G - R - 5 IN T E R S T A T E - 9 0 - H I G HW A Y WESTLAKE ROAD - COUNTY ROAD EASEMENTDAVIS LANE - COUNTY ROAD EASEMENTBOZE M A N C O M M U N I T Y PLAN F U T U R E L A N D USE: U R B A N NEIGH B O R H O O D BOZE M A N C O M M U N I T Y PLAN F U T U R E L A N D USE: U R B A N NEIGH B O R H O O D BOZE M A N C O M M U NI T Y PLAN F U T U R E L A N D USE: U R B A N NEIGH B O R H O O D BOZE M A N C O M M U N I T Y PLAN F U T U R E L A N D USE: U R B A N NEIG H B O R H O O D TRAC T A- 1 COS 1 6 5 A PARC E L 2 COS 3 0 3 5 PRO P O S E D Z O NI N G: R E M U Three parcels of land as described in Warranty Deed document number 2736653 Parcel 1 and Parcel 2 and the parcel described in Warrant Deed document number 2736654; situated in the NE 1 4 of Section 27, Township 1 South, Range 5 East, Principal Meridian, Gallatin County, Montana, and being more particularly described as follows: Commencing at the E 14 of Section 27, Township 1 South, Range 5 East, thence N.0°36'43"E. a distance of 189.78 feet to the Point of Beginning being the northeast corner of Tract 1 of Certificate of Survey No. 3035; thence N.0°36'43"E. a distance of 464.88 feet along the east line of said Section27 to the south line of highway right of way per Bargain and Sale Deed Book 145, Page 293; thence N.89°23'17"W. along said right of way a distance of 50.00 feet; thence N.0°36'43"E. a distance of 195.38 feet; thence along a non-tangent curve to the left having a radius of 523.09 feet and a central angle of 17°34'16" for an arc length of 160.42 feet, said curve having a chord bearing of N.9°16'00"W. for 159.79 feet to the southwest line of highway right of way per Bargain and Sale Deed Film 143, Page 643; thence N.33°51'43"W. a distance of 120.68 feet; thence N.53°32'27"W. a distance of 1350.11 feet; thence N.39°33'03"W. a distance of 62.05 feet; thence N.53°32'27"W. a distance of 302.20 feet; thence N.54°16'17"W. a distance of 147.56 feet; thence along a non-tangent curve to the left having a radius of 1849.86 feet and a central angle of 11°37'40" for an arc length of 375.42 feet, said curve having a chord bearing of N.61°36'08"W. for 374.77 feet; thence N.82°50'39"W. a distance of 59.79 feet; thence along a non-tangent curve to the left having a radius of 1834.86 feet and a central angle of 19°20'05" for an arc length of 619.18 feet, said curve having a chord bearing of N.78°53'01"W. for 616.25 feet; thence S.0°36'05"W. a distance of 2552.36 feet along the mid section line of Section27 to the C 14 of Section 27; thence N.89°29'32"E. a distance of 2221.92 feet along the mid section line of Section27 to southwest corner of Tract 1 of Certificate of Survey No. 3035; thence N.0°36'43"E. a distance of 189.74 feet; thence N.89°29'25"E. a distance of 420.77 feet to the Point of Beginning containing 114.69 acres more or less. 167 168 169 170 Memorandum REPORT TO:City Commission FROM:Chris Saunders, Community Development Manager Anna Bentley, Community Development Director SUBJECT:Ordinance 2128, Final Adoption of Yellowstone Montessori Academy Zone Map Amendment, 1625 and 1705 W. Kagy Blvd to Adopt Zoning of R-4 Residential High Density Residential, Application 22121 MEETING DATE:November 15, 2022 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Final adoption of Ordinance 2128 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:This ordinance was provisionally adopted by the City Commission on November 1, 2022 by unanimous vote. The Commission conducted a pubic hearing on the application as agenda item J.1 on the same date. No public comment was received. UNRESOLVED ISSUES:None. ALTERNATIVES:As identified by the City Commission. FISCAL EFFECTS:None. Attachments: Ordinance 2128 YMA Annexation ZMA.pdf 220340 Zone Map-10.23.2022..pdf Report compiled on: November 1, 2022 171 Ord 2122 Page 1 of 6 ORDINANCE 2128 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZMAN ZONING MAP TO ESTABLISH AN INITIAL MUNICIPAL ZONING ON 1.0556 ACRES AS R4 (RESIDENTIAL HIGH- DENSITY DISTRICT), AND TO AMEND THE ZONING FROM R2 (RESIDENTIAL MODERATE DENSITY DISTRICT) TO R4 (RESIDENTIAL HIGH DENSITY DISTRICT) ON 0.67 ACRES THE YELLOWSTONE MONTESSORI ACADEMY ANNEXATION ZONE MAP AMENDMENT, APPLICATION 22121 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 Community Development Board has been created by Resolution 5330; and WHEREAS, the City of Bozeman Community Development Board has been assigned the duties of the Zoning Commission required by Section 76-2-307 MCA; 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 conducting the required public hearing on October 18, 2022, the Bozeman Community Development Board in their capacity as the Zoning Commission 172 Ordinance No. 2128, Yellowstone Montessori Academy Annexation Zone Map Amendment Page 2 of 6 recommended to the Bozeman City Commission that application No. 21442, the Silo Annexation Zone Map Amendment, be approved as requested by the applicant; and WHEREAS, after proper notice, the City Commission held its public hearing on November 1, 2022, to receive and review all written and oral testimony on the request for the zone map amendment; and WHEREAS, the City Commission 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; 173 Ordinance No. 2128, Yellowstone Montessori Academy Annexation Zone Map Amendment Page 3 of 6 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 approval of the requested R-4 district. 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. 22121 the Yellowstone Montessori Academy Annexation Zone Map Amendment have been satisfied and no spot zoning occurs. Section 2 That the zoning district designation of the following-described property is hereby established as R-4 (Residential High Density District): Legal Description That part of Tract 11, BEATTY’S SUBDIVISION, [Plat E-26], according to the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, as described in Document No. 2535497, and that part of adjacent Kagy Boulevard lying north of the centerline, and located in the Southwest Quarter of Section 13, Township 2 South, Range 5 East of P.M.M Said property is further described as follows: Beginning at the northeast corner of said part of Tract 11; thence southerly 181°25’29”, assumed azimuth from north, 264.72 feet along the east line of said part of Tract 11 and its southerly extension to the centerline of Kagy Boulevard; thence westerly 270°57’21” azimuth 179.58 feet along said centerline; thence northerly 001°15’10” azimuth 265.00 feet along west line of said part of Tract 11 and its southerly extension; thence easterly 174 Ordinance No. 2128, Yellowstone Montessori Academy Annexation Zone Map Amendment Page 4 of 6 271°02’47” azimuth 180.38 feet along the north line of said part of Tract 11 to the point o beginning. Area of Lots = 37,897 square feet, 0.8700 acre or 3,520.8 square meters. Area of Kagy right of way = 8,084 square feet, 0.1856 acre or 751.0 square meters. Section 3 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4 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 5 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 6 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.” 175 Ordinance No. 2128, Yellowstone Montessori Academy Annexation Zone Map Amendment Page 5 of 6 Section 7 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 1st day of November 2022. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the 15th of November 2022. The effective date of this ordinance is __________, __, 2022. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: 176 Ordinance No. 2128, Yellowstone Montessori Academy Annexation Zone Map Amendment Page 6 of 6 _________________________________ GREG SULLIVAN City Attorney 177 1625 W KAGY BLVD1705 W KAGY BLVDYELLOWSTONE MONTESSORI ZONE MAP AMENDMENTOCTOBER 23, 2022178 Memorandum REPORT TO:City Commission FROM:Tom Rogers, Senior Planner Anna Bentley, Director of Community Development SUBJECT:Ordinance 2129, Provisional Adoption, Thomas Drive Zone Map Amendment to Rezone Two Parcels from R-4 (Residential High Density) to REMU (Residential Emphasis Mixed Use) on 15.037 Acres, Application 22094 MEETING DATE:November 15, 2022 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Provisionally adopt Ordinance 2129. 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 property owner, Debbie O’Reilly, 2246 Boot Hill Court, Suite 1, Bozeman, MT 59715 and applicant, Madison Engineering, LLC, 895 Technology Blvd., Unit 203, Bozeman, MT 59718, submitted application to rezone two parcels totaling 15.037 acres from R-4 (High Density Residential) to REMU (Residential Emphasis Mixed Use). Both properties are mostly undeveloped except of an existing house with associated out buildings. The public hearing was held on September 20, 2022 and the Commission unanimously approved the application as shown in the following link to the public hearing: https://bozeman.granicus.com/player/clip/1215? view_id=1&redirect=true&h=ed18274408d6b862568e487f7508922b UNRESOLVED ISSUES:None ALTERNATIVES:As determined by the Commission. FISCAL EFFECTS:None Attachments: 22094 Thomas Drive ZMA Ordinance 2129.pdf 010 Thomas Drive Zone Map Amendment-24x36.pdf 179 Report compiled on: November 2, 2022 180 Ord 2129 Page 1 of 5 ORDINANCE NO. 2129 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO REZONE TWO PARCELS FROM R-4, RESIDENTIAL HIGH DENSITY, TO REMU, RESIDENTIAL EMPHASIS MIXED USE, ON 15.037 ACRES, THE THOMAS DRIVE ZONE MAP AMENDMENT, APPLICATION 22094. 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, Part 2 of the Bozeman Unified Development Code sets forth the procedures and review criteria for zoning map amendments; and WHEREAS, the proposed zone map amendment application to amend the City of Bozeman Zoning Map to rezone two existing parcels from R-4 (Residential High Density) to REMU (Residential Emphasis Mixed Use) on 15.037 acres has been properly submitted, reviewed, and advertised; and WHEREAS, after proper notice, the Bozeman Zoning Commission held a public hearing on August 15, 2022 to receive and review all written and oral testimony on the request for a zone map amendment; and 181 Ordinance No. 2129, Thomas Drive ZMA Page 2 of 5 WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City Commission that application No. 22094, the Thomas Drive Zone Map Amendment, be approved as requested by the applicant; and WHEREAS, after proper notice, the City Commission held its public hearing on September 20, 2022, 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, has 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 182 Ordinance No. 2129, Thomas Drive ZMA Page 3 of 5 conducted their required public hearing; and after consideration of application materials, staff analysis and report, and all submitted public comment recommended approval of the requested REMU district. 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 the Carroll on Main Zone Map Amendment have been satisfied. Section 2 That the zoning district designation of the following-described property is hereby amended from R-4, Residential High Density, to REMU, Residential Emphasis Mixed Use: The property is described as: The tract of land being the South half of the South half of the North half of the Northeast Quarter of the Southwest Quarter, shown as Tract 1 on Certificate of Survey No. 2856; and the North half of the South half of the Northeast Quarter of the Southwest Quarter, all in Section 35, Township 1 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana and more particularly described as: Beginning at a C&H yellow plastic cap from which the CW 1/16 corner of said Section 35, a Blank 1 ½ “ALUM. Cap bears N 00˚11’12” E, a distance of 497.15 feet; Thence N 89˚38’23” E, a distance of 1324.56 feet to a calculated point on the North-South center of section line of said Section 35; Thence S 00˚14’48” W a distance of 497.69 feet to a 5/8” rebar, Thence S 89˚35’36” W a distance of 1323.32 feet to a 5/8” rebar; Thence N 00˚04’26” E a distance of 333.00 feet to a C&H yellow plastic cap; Thence N 00˚09’37” E a distance of 165.75 feet to the point of beginning, Containing an area of 659,624 square feet, 15.143 acres more or less. Subject to all easements of record or apparent from visual inspection of the property. 183 Ordinance No. 2129, Thomas Drive ZMA Page 4 of 5 Section 3 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4 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 5 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 6 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 7 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. 184 Ordinance No. 2129, Thomas Drive ZMA Page 5 of 5 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the ______ day of _______, 2022. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of ____________________, 2022. The effective date of this ordinance is __________, ___, 2022. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 185 SHEETMADISON ENGINEERING895 TECHNOLOGY BLVDBOZEMAN, MT 59718(406) 586-02621013 THOMAS DR ZMA ZMA EXHIBIT A1013 THOMAS DRIVEZONE MAP AMENDMENT EXHIBITBOZEMAN, MT001 1" = 0 SCALE 60 1203060 INITIAL ZONE MAP AMENDMENT (REMU) PROPOSED ZMA BOUNDARY LEGEND THOMAS DRIVE ZONE MAP AMENDMENT LEGAL DESCRIPTION: ” FILM 14 PAGE 1699 CURRENT ZONING: COUNTY (AGRICULTURAL SUBURBAN) EXHIBIT A 1013 THOMAS DRIVE ZONE MAP AMENDMENT to BOZEMAN, MONTANA A TRACT OF LAND SITUATED IN THE SW 1/4 OF OF SECTION 35 T1S, R5E P.M.M. GALLATIN COUNTY, MT THOMAS DRIVELOT 3 MINOR SUB 210 CURRENT ZONING: B-P FILM 3 PAGE 49 CURRENT ZONING: REMU TRACT B COS 500 CURRENT ZONING: R-4 FILM 117 PAGE 3623 CURRENT ZONING: COUNTY (AGRICULTURAL SUBURBAN) 186 Memorandum REPORT TO:City Commission FROM:Tom Rogers, Senior Planner Anna Bentley, Community Development Director SUBJECT:Ordinance 2127, Provisional Adoption of The Block 104 Zone Map Amendment Requesting Amendment of the City Zoning Map for a City Block Bounded by Tamarack Street on the North, Front Street to the East, Wallace on the West, and Aspen Street on the South Consisting of Approximately 3.554 Acres and the Accompanying Adjacent Right-of-way from M-1 (Light Manufacturing) to B-2M (Community Business District – Mixed), Application 22100 MEETING DATE:November 15, 2022 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Provisionally adopt Ordinance 2127. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:The City Commission held a public heading on the Block 104 Zone Map Amendment on August 15, 2022 and voted 4:1 to approve the application. The owners, Wallace North, LLC, 810 N Wallace Ave, Unit B, Bozeman, MT 59715, Mike Speakman, 9010 Snowy Owl Lane, Blaine, WA 98230, and Wachamoley, LLC, 3919 Rain Roper Drive, Bozeman, MT 59715, and Representative Scott Baldesare, Jackadoo, LP, 1907 Pine Street, Philadelphia, PA 19103 submitted an application to rezone a city block totaling 3.554 acres from M-1 (Light Manufacturing) to B-2M (Community Business-Mixed). The property currently hosts variety of existing buildings with multiple uses. No future development plans or indication of future development plans were submitted with the application. The proposed change from M-1 to B-2M in building form and permitted uses is considerable. However, during the development and adoption of the Bozeman Community Plan 2020 (BCP 2020) the underlying Future Land Use designation was modified from Industrial to Community Commercial Mixed Use. This action paved the way for subsequent zoning changes that differ from the prevailing historical uses of the area and indicate a shift in character over time. Although the existing zoning of M-1 is not an 187 implementing district of the CCMU future land use designation it does not create a non-conformity or necessitate a change of zoning. A change of zoning is at the request of the property owners. A public hearing was held on August 23, 2022 and the Commission voted 4:1 to approve the application. UNRESOLVED ISSUES:There are no identified conflicts on this application at this time. ALTERNATIVES:As determined by the Commission. FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this zone map amendment. Attachments: 22100 Block 104 ZMA Ordinance 2127.pdf 001 BLOCK 104 ZMA MAP 8X11.pdf Report compiled on: November 2, 2022 188 Ord 2127 Page 1 of 5 ORDINANCE NO. 2127 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO REZONE BLOCK 104, NORTHERN PACIFIC ADDITION TO THE CITY OF BOZEMAN, FROM M-1, LIGHT MANUFACTURING, TO B-2M, COMMUNITY BUSINESS MIXED, ON 3.554 ACRES, THE BLOCK 104 ZONE MAP AMENDMENT, APPLICATION 22100. 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, Part 2 of the Bozeman Unified Development Code sets forth the procedures and review criteria for zoning map amendments; and WHEREAS, the proposed zone map amendment application to amend the City of Bozeman Zoning Map to rezone a City block from M-1 to B-2M on 3.554 acres has been properly submitted, reviewed, and advertised; and WHEREAS, after proper notice, the Bozeman Zoning Commission held a public hearing on August 15, 2022 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. 22100, the Block 104 Zone Map Amendment, be approved as requested by the applicant (4:1); and 189 Ordinance No. 2127, Block 104 ZMA Page 2 of 5 WHEREAS, after proper notice, the City Commission held its public hearing on August 23, 2022, 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 (4:1). 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, has 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 approval of the requested B-2M district. 190 Ordinance No. 2127, Block 104 ZMA Page 3 of 5 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 the Block 104 Zone Map Amendment have been satisfied. Section 2 That the zoning district designation of the following-described property is hereby amended from M-1, Light Manufacturing, to B-2M, Community Business Mixed District: The property is described as: A tract of land, said tract being all of Block 104 and portions of Aspen Street, Tamarack Street, Wallace Avenue, Ida Avenue, and Front Street in the Plat of the Northern Pacific Addition to the City of Bozeman, said tract being located in the Southeast Quarter of Section 6, Township 2 South, Range 6 East, Principal Meridian Montana, said tract being further described as follows: Commencing at the northwest corner of said Block 104; thence N44°52'41"W, a distance of 41.84' to the Point of Beginning; thence North 89°19'18" East, on the centerline of Tamarack Street, a distance of 370.98 feet; thence South 37°13'59" East, on the northeasterly right-of-way line of Front Street, a distance of 131.83 feet; thence South 00°56'01" West, on the centerline of Ida Avenue, a distance of 254.89 feet; thence South 89°23'42" West, on the centerline of Aspen Street, a distance of 452.46 feet; thence North 00°55'59" East, on the centerline of Wallace Avenue, a distance of 360.25 feet to the Point of Beginning. The described tract has an area of 3.645 acres, more or less. The described tract is as shown on the accompanying exhibit and is along with and subject to any existing easements. Section 3 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 191 Ordinance No. 2127, Block 104 ZMA Page 4 of 5 the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4 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 5 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 6 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 7 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. 192 Ordinance No. 2127, Block 104 ZMA Page 5 of 5 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 15th day of November, 2022. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of ____________________, 2022. The effective date of this ordinance is __________, ___, 202__. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 193 N00°55'59"E 360.25'N89°19'18"E 339.86' S 3 7 ° 1 3 '5 9 "E 1 8 2 . 1 8 'S00°56'01"W 214.43'S89°23'42"W 452.46' QUALITY CHECK: DRAWN BY: CAD NO. JOB NO. DATE: 22002ZMA1.dwg B22-002 2/23/22 BST FB:207/4 LAYOUT: Engineering tdhengineering.com ZONING B-2M (PREVIOUSLY ZONED M-1) 8.5X11 A TRACT OF LAND BEING ALL OF BLOCK 104 & PORTIONS OF ASPEN STREET, TAMARACK STREET, WALLACE AVENUE, IDA AVENUE, & FRONT STREET IN THE PLAT OF THE NORTHERN PACIFIC ADDITION TO THE CITY OF BOZEMAN, LOCATED IN THE SE 1/4 OF SECTION 6, T2S, R6E, PMM, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA AREA: 3.554 ACRES (COMPUTED AREA IN SQAURE FEET: 154,832) 194 Memorandum REPORT TO:City Commission FROM:Tom Rogers, Senior Planner Anna Bentley, Interim Community Development Director SUBJECT:Walker Subdivision Annexation of 2.05 Acres Plus the Adjacent Rights-of-way and Zone Map Amendment of the City Zoning Map for the Establishment of a Zoning Designation of R-3 (Residential Medium Density District), Application 22125 MEETING DATE:November 15, 2022 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:Recommended City Commission Annexation Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 22125 and move to approve the Walker Subdivision Annexation, with recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties. Recommended City Commission Zoning Motion: Having reviewed and considered the staff report, application materials, public comment, recommendation of the Community Development Board, and all information presented, I hereby adopt the findings presented in the staff report for application 22125 and move to approve the Walker Subdivision Zone Map subject to contingencies required to complete the application processing. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:The applicant and property owners seek to annex one parcel totaling approximately 2.05 acres into the City limits and establish initial zoning of R- 3 (Residential Medium Density District). The property is currently zoned RX- MD (Residential Existing Medium Density) within the Gallatin County Bozeman Area Zoning District. It is interesting to note the County zoning designation allows only one single-household structure per lot. The property is wholly surrounded by un-annexed property. However, municipal zoning is in close proximity ad includes a variety of commercial designations to the south near the intersection of Frontage Road and 195 Springhill Road, R-1 (Residential Low Density District) to the east, and R-3 to the west. The Future Land Use Map in the Bozeman Community Plan (BCP) 2020 designates the property as “Urban Neighborhood” which includes the R-3 district as an implementing zoning district. Campbell Road is a dedicated right-of-way for public use although is not constructed to a minimum standard and therefore, is maintained by the property owners association. There are no sidewalks adjacent to the property. The proposed annexation would bring in additional right of way. There is an existing 8 inch sanitary sewer pipe adjacent to the property to the south in Campbell Road. A 12 inch water main is installed in adjacent to the property under Campbell Road that was constructed to address issues related to the solvent site contamination. UNRESOLVED ISSUES:There are no identified conflicts on this application at this time. ALTERNATIVES:1. Approve the application with contingencies as presented; 2. Deny the application based on findings of non-compliance with the applicable criteria contained within the staff report; or 3. Open and continue the public hearing, with specific direction to staff or the applicant to supply additional information or to address specific items. FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Annexation or Zone Map Amendment. Attachments: 22125 Walker Sub Annex-ZMA CC SR.pdf Report compiled on: November 2, 2022 196 Page 1 of 31 22125 Staff Report for the Walker Subdivision Annexation and Zone Map Amendment Public Hearing: Community Development Board meeting is on October 17, 2022 City Commission meeting is on November 15, 2022 Project Description: Annexation application 22125 requesting annexation of 2.05 acres plus the adjacent right-of-way and zone map amendment of the City Zoning Map for the establishment of a zoning designation of R-3 (Residential Medium Density District). Project Location: On the north side of Campbell Road more particularly described as Lot 5, Block 1, Walker Subdivision, situated in the Northeast One-Quarter (NE ¼) and Southeast One-Quarter (SE ¼) of Section 26, and Southwest One-Quarter (SW ¼) of Section 25, Township One South (T1S), Range Five East (R5E) of P.M.M., Gallatin County, Montana. The annexation and zone map amendment would also apply to the streets adjacent to the property. Recommendation: Meets standards for approval with terms of annexation and contingencies. Recommended Community Development Board 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 22125 and move to recommend approval of the Walker Subdivision Annexation Zone Map Amendment, with contingencies required to complete the application processing. Recommended City Commission Annexation Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 22125 and move to approve the Walker Subdivision Annexation, with recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties. Recommended City Commission Zoning Motion: Having reviewed and considered the staff report, application materials, public comment, recommendation of the Community Development Board, and all information presented, I hereby adopt the findings presented in the staff report for application 22125 and move to approve the Walker Subdivision Zone Map subject to contingencies required to complete the application processing. Report: October 12, 2022 Staff Contact: Tom Rogers, Senior Planner Griffin Nielsen, Engineer Agenda Item Type: Action – Legislative 197 Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 2 of 31 EXECUTIVE SUMMARY This report is based on the application materials submitted and public comment received to date. This report addresses both the zoning amendment for Zoning Commission as well as the annexation and the zoning amendment for the City Commission. Application materials available at: https://weblink.bozeman.net/WebLink/Browse.aspx?startid=261883 Unresolved Issues There are no identified conflicts on this application at this time. Project Summary The applicant and property owners seek to annex one parcel totaling approximately 2.05 acres into the City limits and establish initial zoning of R-3 (Residential Medium Density District). The property is currently zoned RX-MD (Residential Existing Medium Density) within the Gallatin County Bozeman Area Zoning District. It is interesting to note the County zoning designation allows only one single-household structure per lot. The property is wholly surrounded by un-annexed property. However, municipal zoning is in close proximity ad includes a variety of commercial designations to the south near the intersection of Frontage Road and Springhill Road, R-1 (Residential Low Density District) to the east, and R-3 to the west. The Future Land Use Map in the Bozeman Community Plan (BCP) 2020 designates the property as “Urban Neighborhood” which includes the R-3 district as an implementing zoning district. Campbell Road is a dedicated right-of-way for public use although is not constructed to a minimum standard and therefore, is maintained by the property owners association. There are no sidewalks adjacent to the property. The proposed annexation would bring in additional right of way. There is an existing 8 inch sanitary sewer pipe adjacent to the property to the south in Campbell Road. A 12 inch water main is installed in adjacent to the property under Campbell Road that was constructed to address issues related to the solvent site contamination. In determining whether the criteria applicable to this application are met, Staff considers the entire body of plans and 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. 198 Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 3 of 31 No public comment has been received as of the date of production of this report. Community Development Board (Zoning Commission) Summary The Community Development Board acting in their capacity as the Zoning Commission held a public hearing on October 17, 2022. After considering the staff report, applicant submittal and presentation the Board voted (8:0) to recommend approval of the requested zoning designation. A record of the public meeting video can be viewed at the following link: https://bozeman.granicus.com/player/clip/1891?view_id=1&redirect=true&h=1892ee7636fd 155514d07bbe3a448bf3 Community Development (Zoning Commission) Alternatives 1. Approve the application with contingencies as presented; 2. Deny the application based on findings of non-compliance with the applicable criteria contained within the staff report; or 3. Open and continue the public hearing, with specific direction to staff or the applicant to supply additional information or to address specific items. City Commission Alternatives 1. Approve the application with suggested terms of annexation and contingencies necessary for processing; 2. Approve the application with modifications to the recommended zoning; 3. Deny the application based on the Commission’s findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. 199 Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 4 of 31 TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 2 Unresolved Issues ............................................................................................................... 2 Project Summary ................................................................................................................. 2 Community Development (Zoning Commission) Alternatives .......................................... 3 City Commission Alternatives ............................................................................................ 3 SECTION 1 - MAP SERIES: ................................................................................................... 5 SECTION 2 - RECOMMENDED TERMS OF ANNEXATION ............................................ 8 SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT... 10 SECTION 4 – ADVISORY COMMENTS ............................................................................ 11 SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 12 Annexation ........................................................................................................................ 12 Zone Map Amendment ..................................................................................................... 12 SECTION 6 - ANNEXATION STAFF ANALYSIS AND FINDINGS ................................ 13 SECTION 7 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ........... 19 Spot Zoning Criteria ......................................................................................................... 27 PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 28 APPENDIX A - NOTICING AND PUBLIC COMMENT .................................................... 29 APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 29 APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF ............................ 31 FISCAL EFFECTS ................................................................................................................. 31 ATTACHMENTS ................................................................................................................... 31 200 Page 5 of 31 SECTION 1 - MAP SERIES: Map 1: Project Vicinity Map Baxter Lane Water Reclamation Facility Billings Clinic Subject Property 201 Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 6 of 31 Map 2: BCP 2020 Future Land Use Map Subject Property Urban Neighborhood Regional Commercial Mixed Use Community Commercial Mixed Use Public Institutions Residential Mixed Use Urban Neighborhood Public Institutions Maker Space Mixed Use Parks & Open Lands 202 Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 7 of 31 Map 3: Existing City Zoning Subject Property 203 Page 8 of 31 SECTION 2 - RECOMMENDED TERMS OF ANNEXATION The following terms of annexation are recommended to enable the application to comply with the City’s Annexation Policy and the requirements of state law for the provision of services. Recommended terms of annexation: 1. The documents and exhibits to formally annex the subject property must be identified as the “Walker Subdivision Annexation”. 2. An Annexation Map, titled “Walker Subdivision Annexation” with a legal description of the property and any adjoining un-annexed rights-of-way and/or street access easements must be submitted by the applicant for use with the Annexation Agreement. The map must be supplied as a PDF for filing with the Annexation Agreement at the County Clerk & Recorder, and a digital copy for the City Engineers Office. This map must be acceptable to the Director of Public Works and City Engineers Office, and must be submitted with the signed Annexation Agreement. 3. The Annexation Agreement must include notice that the applicant must connect to municipal services and will be responsible for installing any facilities required to provide full municipal services to the property in accordance with city policy at the time of connection. 4. 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. 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 204 Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 9 of 31 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. i. 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. 6. City of Bozeman Resolution 5076, Policy 1 - If they do not already exist, the applicant must provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SIDs) for the following: a. Street improvements to Campbell Road including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. b. Intersection improvements to Campbell Road and Springhill Road including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. c. Alternate Financing Term. 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. d. SID waiver template term. The applicant may obtain a copy of the template SID waiver from the City Engineering Department. The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the applicant agrees to participate in an alternate financing method for the completion of said 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 filed with the County Clerk and Recorder prior to annexation. 7. The applicant must provide a copy of the filed SID waiver prior to the adoption of Resolution of Annexation. A draft SID waiver with required streets and intersections is included in the city documents folder. 205 Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 10 of 31 8. City of Bozeman Resolution 5076, Policy 1 The property owner must provide a 10 foot utility easement along the property frontage directly abutting the Campbell Road for the extension of dry utility to and through the property prior to the adoption of Resolution of Annexation. 9. 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. 10. The land owners 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. 11. The subject property is located within the Solvent Site Payback District for water improvements. The subject property’s proportionate share of the payback is $7,293.86 (2.042 acres at a rate $0.082/Square Feet). The applicant is advised that the payback must be paid prior to the adoption of the Resolution of Annexation. SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT Please note that these contingencies are necessary for the City to complete the process of the proposed amendment. These contingencies only apply in the event that the related annexation request has previously been approved. Recommended Contingencies of Approval: 1. The applicant must submit a zone amendment map, titled “Walker Subdivision Zone Map Amendment”, acceptable to the Director of Public Works, as a PDF which will be utilized in the preparation of the Ordinance to officially amend the City of Bozeman Zoning Map. Said map shall contain a metes and bounds legal description of the perimeter of the subject property including adjacent rights-of-way, and total acreage of the property. 2. That all documents and exhibits necessary to establish the amended municipal zoning designation of R-3 (Residential Medium Density District) shall be identified as the Walker Subdivision Zone Map Amendment. 3. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant provides an editable metes and bounds legal description prepared by a licensed Montana surveyor. 4. All required materials shall be provided to the Department of Community Development within 60 days of a favorable action of the City Commission or any approval shall be null and void. 206 Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 11 of 31 SECTION 4 – ADVISORY COMMENTS 1. Portions of the subject property are located within the FEMA-regulated floodplain. Upon annexations, the property will also be subject to the City's floodplain regulations. A floodplain permit will be required for future development on the property unless specifically included in BMC38.600.240. a. A City floodplain permit must be obtained prior to building permit approval for the proposed structure shown in Concept Application No. 21-451, as part of the floodplain permit review the owner/owners representative must demonstrate that all applicable permits have been obtained, per BMC 38.600.180.A.2. b. As presented prior to the approval of a City floodplain permit the owner must provide an approved Conditional Letter of Map Revision based on Fill (CLOMR-F) for the proposed fill within the regulated Special Flood Hazard Area (SFHA). Per BMC38.600.260.C.2 the owner must first submit the CLOMR-F application to the City’s floodplain administrator and the DNRC for review and receive written support from both. Upon completion and prior to occupancy of the structure an elevation certificate must be provided to the City’s floodplain administrator along with the approved Final Letter of Map Revision based on Fill (LOMR-F). c. The proposed residential structures lowest flood elevation must be elevated 2 feet above the base flood elevation, the Montana Code Annotated (MCA) 76-5-402.2.b 2. Per BMC 38.400.80.A. City standard sidewalks must be constructed along all public or private streets. Sidewalk will need to be installed with the construction of the proposed project presented in Concept Application No. 21-451. 3. 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. 4. DESIGN Specifications & Standards Policy (DSSP) Section (V) (B) Sanitary Sewer System Design Criteria Upon future development, the applicant must provide an estimate of the peak-hour sanitary sewer demands, certified by a professional engineer, for any proposed project. The City will analyze and determine if sewer capacity is available to accommodate the project. The applicant is advised that the adjacent sanitary sewer main 207 Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 12 of 31 discharges into the Walker lift station. If the lift station was not designed to receive flow from the property or if the proposed demand exceeds assumed demand then upgrades to the lift station may be required. If upgrades are required future development application approvals may be held until the upgrades are completed in accordance with BMC 38.270.030. 5. Future development on the property must comply with this City’s Water Adequacy code requirement, per BMC 38.410.130. The applicant should contact the City’s Engineering Department (Griffin Nielsen) with questions on this requirement or to obtain an analysis of cash-in-lieu of water rights CILWR). The CILWR fee must be paid prior to building permit approval. SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS Annexation Having considered the criteria established for an annexation, the Development Review Committee (DRC) recommends approval of the requested annexation. The City Commission will hold a public meeting on the annexation on November 15, 2022. The meeting will begin at 6 p.m. in the Commission Room at City Hall, 121 N. Rouse Ave, Bozeman, Montana, the City Commission will conduct a public hearing on the proposed Annexation and Zone Map Amendment application. Members of the public will also be able to participate remotely via WebEx. Instructions for joining the WebEx meeting will be included on the meeting agenda which is published on the City’s website at least 48 hours prior to the meeting. Zone Map Amendment Having considered the criteria established for a zone map amendment, the Staff recommends approval as submitted. The Zone Map Amendment (ZMA) is in conjunction with an annexation request. Staff’s recommendation and staff responses are predicated on approval of the annexation, application 22125. 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 Community Development Board acting in their capacity as the Zoning Commission will hold a public hearing on this ZMA on October 17, 2022 and will forward a recommendation to the City Commission on the Zone Map amendment. The City Commission will hold a public meeting on the zone map amendment on November 15, 2022. The meeting will begin at 6 p.m. in the Commission Room at City Hall, 121 N. Rouse 208 Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 13 of 31 Ave, Bozeman, Montana, the City Commission will conduct a public hearing on the proposed Annexation and Zone Map Amendment application. Members of the public will also be able to participate remotely via WebEx. Instructions for joining the WebEx meeting will be included on the meeting agenda which is published on the City’s website at least 48 hours prior to the meeting. SECTION 6 - ANNEXATION STAFF ANALYSIS AND FINDINGS In considering applications for approval of the requested annexation, the advisory boards and City Commission shall consider the following: Commission Resolution No. 5076 Criteria Commission Resolution No. 5076 Goals Goal 1: The City of Bozeman encourages annexations of land contiguous to the City. Criterion not met. The property in question is not contiguous to the City limits. However, the property is within the solvent site area and the City constructed infrastructure to serve properties in this area when they chose to annex into the City and created a payback district to accommodate this, see Term of Annexation No. 11. Goal 2: The City encourages all areas that are totally surrounded by the City to annex. Criterion not met. The subject property is not totally surrounded by City limits. There are other annexed property in the immediate vicinity that are not wholly surrounded. As noted in Goal 1 above, the City has invested in infrastructure to accommodate annexation when appropriate. Please refer to Section 1: Map Series. 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. Neutral. 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. Criterion Met. The subject property lies within the planned service area of the municipal water and sewer services. Any proposed structures will be required to connect and utilize municipal water or sewer systems. 209 Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 14 of 31 Goal 5: The City encourages annexations within the urban area identified on the future land use map in the current Bozeman Growth Policy. Criterion Met. As shown in Section 1, the subject property is planned as ‘Urban Neighborhood’ and is within the urban area of the growth policy. See the discussion under Criterion A of Section 6 of the 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. Criterion Met. The proposed annexation fills another gap in a checkerboard of City/County properties. The original Walker Subdivision and Planned Unit Development was reviewed and approved when the Bozeman City/County Planning Board was in place and anticipated being a part of the City of Bozeman and at urban planed densities, with a 1992 urban perspective. The property is adjacent to municipal water and sewer services which were installed many years ago. The site is also within the Bozeman Solvent Site plume and development requires connection to municipal services which requires annexation. 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. Criterion Met. The subject property will provide the necessary right of way and utility easements for Campbell Road. Campbell Road was created with a full 60 foot right-of-way with the original subdivision. The roadway was not constructed to a City standard and is maintained by the property owners association. No addition internal street network is required to serve the property at this time. Further development may necessitate improvements to Campbell Road. 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. Criterion not met. The subject property is 2.05 acres. Goal 9: The City seeks to obtain water rights adequate for future development of the property with annexation. Criterion Met. After annexation, the subject property will be bound to the provisions of 38.410.130 which require 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 210 Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 15 of 31 provide notice of this requirement, see Terms of Annexation 9. 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. Criterion Met. The subject property is located within the City’s planned water and sewer service area. See Goal 4 above. There is an existing 8 inch sanitary sewer and a 12 inch water supply pipe in a utility easement to the east of the property. Any future development will be required to connect to the City systems. Per Term of Annexation 5, the Annexation Agreement required to finalize the requested annexation will require the applicant to design extensions of services to meet the City’s adopted infrastructure standards. These include provisions for minimum water pressure and volumes, adequate sewer flows by volume, gravity flow of sewers, and other standards necessary to protect public health and safety and ensure functional utilities. 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. Criterion Met. As discussed in Section 5 Goal 7, right of way is being included for Campbell Road. The Recommended Terms of Annexation include requirements for these right of way provisions. See Terms of Annexation 2. Any additional easements and rights of way will be provided within the property with future development of the property as required by municipal standards, although unlikely due to the size, constraints, and configuration of the property. Policy 2: Issues pertaining to master planning and zoning must be addressed prior to or in conjunction with the application for annexation. Criterion Met. The subject property is planned for “Urban Neighborhood”. No change to the growth policy is required. The application includes a request for initial zoning of R-3. See the zone map amendment section 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 211 Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 16 of 31 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. Criterion Met. The property is designated “Urban Neighborhood” on the future land use map. No growth policy amendment is required. See discussion under zone map amendment Criterion A. Policy 4: Initial zoning classification of the property to be annexed will be determined by the City Commission, in compliance with the Bozeman Growth Policy and upon a recommendation of the City Zoning Commission, simultaneously with review of the annexation petition. The Community Development Board (CDB) acting in their capacity as the City Zoning Commission will be reviewing the requested zoning district designation on October 17, 2022. The CDB’s recommendation will be passed along to the City Commission for review and consideration along with the annexation request on November 15, 2022. Policy 5: The applicant must indicate their preferred zoning classification as part of the annexation petition. Criterion Met. The applicant has requested a zoning designation of R-3, Residential Medium Density District. See Section 6 of this report for analysis of the requested zoning. Policy 6: Fees for annexation processing will be established by the City Commission. Criterion Met. The appropriate application processing and review fees accompanied the application. 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. Criterion Met. The subject property is accessed by Campbell Road which is considered a “local street” and paved to the edge of the subject property. 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. Criterion Met. The property owner shall provide usable water rights, or cash in-lieu of water rights thereof, in an amount to be determined by the Director of Public Works, as outlined by Section 38.410.130 of the municipal code. The calculated amount will be determined by the Director of Public Works and based on the zoning designation approved by the City Commission. Term of Annexation No. 9 requires notice of this requirement to be part of the annexation agreement. Satisfaction of this requirement will occur with future development. 212 Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 17 of 31 Policy 9: Infrastructure and emergency services for an area proposed for annexation will be reviewed for the health, safety and welfare of the public and conformance with the City’s adopted facility plans. If the City determines adequate services cannot be provided to ensure public health, safety and welfare, the City may require the property owner to provide a written plan for accommodation of these services, or the City may reject the petition for annexation. Additionally, the parcel to be annexed may only be provided sanitary sewer service via the applicable drainage basin defined in the City Wastewater Collection Facilities Plan. Criterion Met. City infrastructure and emergency services are available to the subject property. There is an existing 8 inch sanitary sewer pipe adjacent to the property on the east. A 12 inch water main is installed in adjacent to the property on the south. The property is located adjacent to existing urban development that is currently served by Bozeman Fire. Policy 10: The City may require annexation of any contiguous property for which city services are requested or for which city services are currently being provided. In addition, any person, firm, or corporation receiving water or sewer service outside of the City limits is required as a condition of initiating or continuing such service, to consent to annexation of the property serviced by the City. The City Manager may enter into an agreement with a property owner for connection to the City’s sanitary sewer or water system in an emergency conditioned upon the submittal by the property owner of a petition for annexation and filing of a notice of consent to annexation with the Gallatin County Clerk and Recorder’s Office. The contract for connection to city sewer and/or water must require the property owner to annex or consent to disconnection of the services. Connection for purposes of obtaining City sewer services in an emergency requires, when feasible as determined by the City, the connection to City water services. Criterion Met. The property is not currently provided City services. No emergency connection is requested. City services will be required to be provided concurrent with future development. Terms of Annexation 5 address connection to services. 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. Criterion Met. Mapping to meet the requirements of the Director of Public Works must be provided with the Annexation Agreement. Mapping requirements are addressed in Recommended Term of Annexation 2. The map must include adjacent right of way. 213 Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 18 of 31 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. Neutral. The annexation does not require immediate payment of fees for future development. The annexation agreement will provide notice of obligations to pay impact fees at times of triggers as required in ordinance. Policy 13: Public notice requirements: Notice for annexation of property must be coordinated with the required notice for the zone map amendment required with all annexation. The zone map amendment notice must contain the materials required by 38.220.410, BMC. Notices of the public hearing have been mailed, published in the Bozeman Daily Chronicle twice, and posted on the site as set forth 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. Criterion Met. An annexation agreement has been prepared and will be provided to the landowner. This policy will be implemented only if the Commission acts to grant approval. If the application is denied then no annexation agreement will be necessary. Policy 15: When possible, the use of Part 46 annexations is preferred. Criterion Met. This annexation is being processed under Part 46 provisions. 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. Neutral. No road improvement district is associated with this application. Policy 17: The City will notify the Gallatin County Planning Department and Fire District providing service to the area of applications for annexation. Criterion Met. The necessary agencies were notified and provided copies of the annexation. Policy 18: The City will require connection to and use of all City services upon development of annexed properties. The City may establish a fixed time frame for connection to municipal utilities. Upon development, unless otherwise approved by the City, septic systems must be properly abandoned and the development connected to the City sanitary sewer system. Upon development, unless otherwise approved by the City, water wells on the subject property may be used for irrigation, but any potable uses must be supplied from the City water distribution system and any wells disconnected 214 Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 19 of 31 from structures. The property owner must contact the City Water and Sewer Superintendent to verify disconnects of wells and septic systems. Criterion Met. The property is vacant. Any structure requiring municipal services is required to connect to City services. SECTION 7 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications for plan approval under this title, the advisory boards and City Commission must consider the following criteria (letters A-K). As an amendment is a legislative action, the Commission has broad latitude to determine a policy direction. The burden of proof that the application should be approved lies with the applicant. A zone map amendment must be in accordance with the growth policy (criteria A) and be designed to secure safety from fire and other dangers (criteria B), promote public health, public safety, and general welfare (criteria C), and facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a zone map amendment the Commission must find Criteria A-D are met. In addition, the Commission must also consider criteria E-K, and may find the zone map amendment to be positive, neutral, or negative with regards to these criteria. To approve the zone map amendment, the Commission must find the positive outcomes of the amendment outweigh negative outcomes for criteria E-K. In determining whether the criteria are met, Staff considers the entire body of plans and regulations for land development. Standards which prevent or mitigated negative impacts are incorporated throughout the entire municipal code but are principally in Chapter 38, Unified Development Code. Section 76-2-304, MCA (Zoning) Criteria A. Be in accordance with a growth policy. Criterion Met. The Bozeman Community Plan (BCP) 2020, Chapter 5, p. 73, in the section titled Review Criteria for Zoning Amendments and Their Application, discusses how the various criteria in 76-2-304 MCA are applied locally. Application of the criteria varies depending on whether an amendment is for the zoning map or for the text of Chapter 38, BMC. The first criterion for a zoning amendment is 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 215 Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 20 of 31 use map. The introduction to that chapter discusses the importance of the chapter. Following are some excerpts. “Future land use is the community’s fundamental building block. It is an illustration of the City’s desired outcome to accommodate the complex and diverse needs of its residents.” “The land use map sets generalized expectations for what goes where in the community. Each category has its own descriptions. Understanding the future land use map is not possible without understanding the category descriptions.” The area of this application is within the anticipated growth area of the City. As shown on the maps in Section 1, on the excerpt of the current future land use map, the property is designated as Urban Neighborhood. The Urban Neighborhood designation description reads: “This category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single type of housing are discouraged. In limited instances, an area may develop at a lower gross density due to site constraints and/or natural features such as floodplains or steep slopes. Complementary uses such as parks, home-based occupations, fire stations, churches, schools, and some neighborhood-serving commerce provide activity centers for community gathering and services. The Urban Neighborhood designation indicates that development is expected to occur within municipal boundaries. This may require annexation prior to development. Applying a zoning district to specific parcels sets the required and allowed density. Higher density residential areas are encouraged to be, but are not required or restricted to, proximity to commercial mixed use areas to facilitate the provision of services and employment opportunities without requiring the use of a car.” The correlation between the future land use map of the growth policy and the zoning districts is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the following Correlation with Zoning Table excerpt, the R-3 district is an implementing district of the Urban Neighborhood. The applicant is requesting R-3 for the property, which is classified as a residential use zoning designation pursuant to section 38.300.110, BMC. The intent and purpose of the R-3 residential medium density district is to provide for the development of one- to five- household residential structures near service facilities within the city. This purpose is accomplished by, (1) providing for minimum lot sizes in developed areas consistent with the 216 Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 21 of 31 established development patterns while providing greater flexibility for clustering lots and mixing housing types in newly developed areas. And (2) providing for a variety of housing types, including single household dwellings, two to four household dwellings, and townhouses to serve the varied needs of households of different size, age and character, while reducing the adverse effect of non-residential uses. These purposes are accomplished by a variety of objectives as detailed in Appendix B in this report. Tables 38.310.040.A, B, & C list permitted uses in the R-3 district. All types of residential structures are allowed from accessory dwelling units through limited apartment buildings, and a very little of commercial uses such as retail, medical, offices, restaurants, and convenience uses are permitted. Goals and Policies A zoning amendment is also evaluated against the goals and policies of the BCP 2020. Most of the goals and policies are not applicable to this application. Relevant goals and objectives have been identified by staff. Conflict with the text of the growth policy hasn’t been identified. The Short Term Action list on page 63 of the BCP 2020 describes 14 items to implement the growth policy. The first two relate to direct changes to the zoning map in support of listed goals and objectives. These include increasing the intensity of zoning districts in already developed areas. Beginning on page 71 of the BCP 2020 in the section titled Zoning Amendment Review, the document discusses how the City implements zoning for new areas, amendments to areas, and revisions to existing text. This section includes a discussion of when the City may initiate a zoning change to a more intensive district to increase development opportunities. This section demonstrates that the City, as a matter of policy, is supportive of more intensive zoning districts and development, even within already developed areas. This policy approach does not specify any individual district but does lean towards the more intensive portion of the zoning district spectrum. This mix of development at densities appropriate for a growing urban area is therefore grounded on tenets of the Community Plan. Moreover, the R-3 zoning proposed through this application fosters flexibility to address both current market trends and long term land use goals for the subject property. The Community Plan includes several goals and objectives that are broadly served through this application, including: Goal DCD-1: Support urban development within the City. The proposed zoning is occurring in conjunction with an annexation. Any future development will be required to occur at urban densities and will be within the City. If the City Commission declines the annexation then the requested R-3 zoning will not occur. DCD-1.11 Pursue annexations consistent with the future land use map and adopted facility plans for development at urban intensity. 217 Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 22 of 31 The proposed zoning is consistent with the future land use map and is within the current facilities plans. Goal RC-3: Collaborate with Gallatin County regarding annexation and development patterns adjacent to the City to provide certainty for landowners and taxpayers. Gallatin County has been notified of the proposed annexation. RC-3.3 Prioritize annexations that enable the incremental expansion of the City and its utilities. The property in question is an area served by City water and sewer, numerous properties have been annexed and near the commercial corner of Frontage and Springhill Roads. RC-3.4 Encourage annexation of land adjacent to the City prior to development and encourage annexation of wholly surrounded areas. Refer to previous response (RC – 3.3 response) Therefore, based on the broad discretion the governing body when considering an appropriate zoning designation, no substantive conflicts with the Growth Policy have been identified and based on the aforementioned analysis, the proposed R-3 zoning districts are promotive of the BCP 2020. B. Secure safety from fire and other dangers. Criterion Met. There is an existing home and related out buildings, however future development will be served by the Bozeman Fire Department. Fire protection water supply will be provided by the City of Bozeman water system. The property is near critical wetlands, habitat, and floodplains. As noted in the advisory comments the Applicant is advised of future development constraints. Upon annexation the subject property will be provided with City emergency services including police, fire and ambulance. Future development of the property will be required to conform to all City of Bozeman public safety, building and land use requirements. The City provides emergency services to adjacent properties and no obstacles have been identified in extending service to this parcel. C. Promote public health, public safety, and general welfare. Criterion Met. The proposed zoning designation will promote general welfare by implementing the future land use map in the BCP 2020. Public health and safety will be positively affected by requiring new development to connect to municipal sanitary sewer and water systems, which will prevent groundwater pollution and depletion by wells and septic systems. General welfare has been evaluated during the adoption of Chapter 38 and found to be advanced by the adopted standards. Provision of parks, control of storm water, and other features of the City’s development standards also advance the general welfare. Compliance 218 Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 23 of 31 with the BCP 2020 as described in Section 6, Criterion A, shows advancement of the well- being of the community as a whole. See also Criterion B. D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. Criterion Met. This property is included in future planning areas. The City conducts extensive planning for municipal transportation, water, sewer, parks, and other facilities and services provided by the City. The adopted plans allow the City to consider existing conditions and identify enhancements needed to provide additional service needed by new development. The City implements these plans through its capital improvements program that identifies individual projects, project construction scheduling, and financing of construction. As stated in 38.300.020.C, the designation of a zoning district does not guarantee approval of new development until the City verifies the availability of needed infrastructure. All zoning districts in Bozeman enable a wide range of uses and intensities. At time of future subdivision or site plan review the need for individual services can be more precisely determined. No subdivision or site plan is approved without demonstration of adequate capacity. 38.300.020.C, “Placement of any given zoning district on an area depicted on the zoning map indicates a judgment on the part of the city that the range of uses allowed within that district are generally acceptable in that location. It is not a guarantee of approval for any given use prior to the completion of the appropriate review procedure and compliance with all of the applicable requirements and development standards of this chapter and other applicable policies, laws and ordinances. It is also not a guarantee of immediate infrastructure availability or a commitment on the part of the city to bear the cost of extending services.” Water and sewer mains are adjacent to the site. Campbell Road is adjacent to the site and provides a publicly accessible street access. See also comments under Criterion C. E. Reasonable provision of adequate light and air. Criterion met. This criterion is not about individual preferences for a given degree of visual openness but about preservation of public health. The R-3 district provides adequate light and air through the Bozeman Unified Development Code’s standards for park and recreation requirements, on-site open space for residential uses, maximum building height, lot coverage, and setback requirements. The form and intensity standards, Division 38.320, provide minimum lot areas, lot widths, lot coverage and maximum floor area ratios, and prescribe require minimum separation from property lines and limits building heights. Section 38.520.030 requires building placement to ensure access to light and air. Division 38.420 and Section 38.520.060 require dedication of parks and on-site open spaces to meet needs of residents. The standards provide a reasonable provision of adequate light and air. 219 Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 24 of 31 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. Criterion Met. The site is on the edge of the City in an area with a semi-rural development pattern due to a planned unit development approved in the 1990s. The area has street access but limited pedestrian facilities. The proposed zoning will allow for a higher density of uses than is currently allowed under Gallatin County zoning. As a result, under the proposed zoning, when a development is proposed, they will be responsible for their frontage improvements which will include improvements along Campbell Road and other transportation systems found to be inadequate to serve the additional development. The property is not addressed at this time. The property has a Walk Score of 8, Transit score of 12, and bike score of 37. Average walk score for the city as a whole is 47 out of 100. According to Walk Score® the walk score measures the walkability of any address based on the distance to nearby places and pedestrian friendliness. 90 – 100 Walker’s Paradise. Daily errands do not require a car. 70 – 89 Very Walkable. Most errands can be accomplished on foot. 50 – 69 Somewhat walkable. Some errands can be accomplished on foot. 25 – 49 Car-Dependent. Most errands require a car. 0 – 24 Car-Dependent. Almost all errands require a car. These values are provided by Walk Score, a private organization which presents information on real estate and transportation through walkscore.com. The algorithm which produces these numbers is proprietary. A score is not an indication of safety or continuity of services or routes. Scores are influenced by proximity of housing, transit, and services and expected ability, as determined by the algorithm, to meet basic needs without using a car. Sites located on the edge of the community have lower scores than those in the center of the community as the area is still under development and therefore diversity of uses is less than in fully established areas. There are no adopted development standards relating to the walk score. G. Promotion of compatible urban growth. Criterion Met. 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 220 Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 25 of 31 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). Criterion Met. The intent and purpose of the R-3 is to, “provide for the development of one- to five-household residential structures near service facilities within the city by providing for minimum lot sizes in developed areas consistent with the established development patterns while providing greater flexibility for clustering lots and mixing housing types in newly developed areas, providing for a variety of housing types, including single household dwellings, two to four household dwellings, and townhouses to serve the varied needs of households of different size, age and character, while reducing the adverse effect of non- residential uses, and use of this zone is appropriate for areas with good access to parks, community services and/or transit.” Although this a single parcel that will likely host a single detached house, the R-3 district more fully support the goals and polices of the BCP 2020 than a lesser robust zoning district. H. Character of the district. Yes. The proposed R-3 zoning promotes the character of the district as the intent of the Residential Medium Density district is to “…provide for the development of one- to five- household residential structures near service facilities within the city by providing for minimum lot sizes in developed areas consistent with the established development patterns while providing greater flexibility for clustering lots and mixing housing types in newly developed areas, providing for a variety of housing types, including single household dwellings, two to four household dwellings, and townhouses to serve the varied needs of households of different size, age and character, while reducing the adverse effect of non- residential uses, and use of this zone is appropriate for areas with good access to parks, community services and/or transit.” Surrounding properties are low-density single-household residential. Adjacent properties in the City are zoned R-1 to the east and R-3 to the west, and commercial activity and zoning to the south. The proposed R-3 zoning designation is consistent with the character of the neighborhood as well as existing development on the property. 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 intact. As noted above, the City Commission has latitude in considering the geographical extents of a zoning district. It is not expected that zoning freeze the character of an area in perpetuity. Rather, it provides a structured method to consider changes to the character. The City has defined compatible development as: 221 Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 26 of 31 “The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and objectives of the city's adopted growth policy. Elements of compatible development include, but are not limited to, variety of architectural design; rhythm of architectural elements; scale; intensity; materials; building siting; lot and building size; hours of operation; and integration with existing community systems including water and sewer services, natural elements in the area, motorized and non-motorized transportation, and open spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design, density or use.” The City has adopted many standards to identify and avoid or mitigate demonstrable negative impacts of development. These will support the ability of future development in this new area of the R-3 district to be compatible with adjacent development and uphold the character of the area. There is an existing area of R-3 zoned property nearby to the west. The City has adopted many standards to identify and avoid or mitigate demonstrable negative impacts of development. These will support the ability of future development in R-3 to be compatible with adjacent development and uphold the residential character of the area. As noticed in the growth policy under discussion of this criterion a local street is considered an adequate separation between different uses and districts to minimize impacts, see page 77 of the Bozeman Community Plan 2020. Therefore, the change in zoning does not appear to conflict with the character of the area. I. Peculiar suitability for particular uses. Criterion Met. The property is located adjacent to residential and commercial uses which are supportive of the R-3 district and similar to adjacent uses. The proposed R-3 zoning designation is suitable for the current use of the property. The applicant supported this statement in their zone map amendment narrative. J. Conserving the value of buildings. Criterion met. There is no known data that suggests intensification adjacent to inholding properties diminished the value of adjacent property or buildings, however a perception of decreased value is often referenced. In fact, based on available evidence it appears that annexation and further intensification will increase the value of property and buildings adjacent to those properties that are annexed. Additional demand for goods and services, connecting and completing the transportation network, and through the minimum standards of the R-3 district nine implantation strategies will generate additional synergies in the community that will likely bolster building values. Any future development on the property will be subject to standards in the R-3 zoning district which will ensure the conservation of adjacent building values including but not limited to standards set forth in the Unified Development Code for fire safety, setbacks, buffers and 222 Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 27 of 31 building heights, which will help alleviate any potential negative impacts to the values of adjacent buildings as a result of future development on the subject property. Therefore, this criterion is met. K. Encourage the most appropriate use of land throughout the jurisdictional area. Criterion Met. The proposed R-3 zoning designation will encourage the most appropriate use of land as the property is adjacent to both residential and commercial uses. There is access to the city’s services, including streets, thus is able to support a higher intensity of uses as allowed within the R-3 zoning district. Furthermore, the proposed R-3 zoning designation is consistent with the BCP 2020 future land use map designation of “Urban Residential”. 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. The R-3 designation already exists in the area, and properties are developed in accordance with the R-3 district. Because this is simply a small expansion of less dense residential district that is not substantially different in terms of allowed land uses in the existing county zoning (both allow single-detached housing), the land uses allowed on the subject property are not significantly different than those that currently prevail in the area. Therefore, staff finds that this criterion is not met. 2. Is the area requested for the rezone rather small in terms of the number of separate landowners benefited from the proposed change? No. In order to determine whether or not this condition is present both this question and the following point must be evaluated together. Although there is a single property in this case, it is the greater community that will benefit from the zone change. The R-3 zoning designation is an implementing district to the Urban Neighborhood land use designation and promotes a variety of housing types, ensures connection to city service4s, and must adhere to the city’s development standards for environmental protection. 223 Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 28 of 31 The amendment is consistent with and supports the City’s adopted growth policy, thus is assumed to be a benefit to the greater community even though the number of immediate landowners are small. 3. Would the change be in the nature of “special legislation” designed to benefit only one or a few landowners at the expense of the surrounding landowners or the general public? No. While the applicants will directly benefit from the proposed zone map amendment, the amendment is not at the expense of surrounding landowners or the general public. As discussed previously, no substantial negative impacts are identified due to this amendment and taken as a whole, the immediate neighborhood will benefit as well as the greater community by providing city services more efficiently. The proposed R-3 zoning designation will allow for uses conducive to the Urban Neighborhood land use designation. Further, as discussed in Criterion A, the application is consistent both the City’s and the County’s growth policy. The growth policy is the overall land use policy for the community. Consistency with the growth policy demonstrates benefit to the general public. As discussed under Criterion D, the City’s development standards will require the applicant to provide the needed infrastructure to support any proposed development prior to construction. Concurrency and adequacy of infrastructure remove most potential injury to others. As discussed in Criterion H, the application is similar and consistent with the existing and developing character of the area. Therefore, the amendment does not benefit the landowner at the expense of others. Development of the site in any manner may create additional demand for services and change the character of the site. A change to a residential district does not inherently injure the surrounding landowners. PROTEST NOTICE FOR ZONING AMENDMENTS IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION. The City will accept written protests from property owners against the proposal described in this report until the close of the public hearing before the City Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property within the area affected by the proposal or by owner(s) of real property that lie within 150 feet of an area affected by the proposal. The protest must be in writing and must be signed by all owners of the real property. In addition, a sufficient protest must: (i) contain a description of the action protested sufficient to identify the action against which the protest is lodged; and (ii) 224 Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 29 of 31 contain a statement of the protestor's qualifications (including listing all owners of the property and the physical address), to protest the action against which the protest is lodged, including ownership of property affected by the action. Signers are encouraged to print their names after their signatures. A person may in writing withdraw a previously filed protest at any time prior to final action by the City Commission. Protests must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230. APPENDIX A - NOTICING AND PUBLIC COMMENT Notice was published in the Bozeman Daily Chronicle on September 28 and October 2, 2022. The notice was posted on site 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 any public hearing. As of the writing of this report on October 11, 2022 no comment has been received on this application. APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING Adopted Growth Policy Designation: The property is designated as “Urban Neighborhood” in the Bozeman Community Plan 2020. “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.” Proposed Zoning Designation and Land Uses: The applicant has requested zoning of R-3, Residential Medium Density District. 225 Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 30 of 31 The intent and purpose of the R-3 residential medium density district is to provide for the development of one- to five-household residential structures near service facilities within the city. This purpose is accomplished by, (1) providing for minimum lot sizes in developed areas consistent with the established development patterns while providing greater flexibility for clustering lots and mixing housing types in newly developed areas. And (2) providing for a variety of housing types, including single household dwellings, two to four household dwellings, and townhouses to serve the varied needs of households of different size, age and character, while reducing the adverse effect of non-residential uses. 226 Staff Report for the Walker Subdivision Annexation & ZMA, Application 22125 Page 31 of 31 APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF Owner: William Thompson, m414 S. 9th Avenue, Bozeman, MT 59715 Applicant: Synergy Engineering and Konsulting, 3731 Equestrian Lane, #102, Bozeman, MT 59715 Representative: Synergy Engineering and Konsulting, 3731 Equestrian Lane, #102, Bozeman, MT 59715 Report By: Tom Rogers, Senior Planner FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Annexation or Zone Map Amendment. ATTACHMENTS The full application and file of record was electronically submitted and can be viewed at: https://weblink.bozeman.net/WebLink/Browse.aspx?startid=261883 Digital access is also available at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. 227 Memorandum REPORT TO:City Commission FROM:Jesse DiTommaso, Economic Development Specialist Renata Munfrada, Community Housing Program Coordinator Brit Fontenot, Economic Development Director Jessica Ahlstrom, Water Conservation Program Manager Natalie Meyer, Sustainability Program Coordinator Jon Henderson, Strategic Services Director Taylor Lonsdale, Transportation Engineer Nick Ross, Transportation and Engineering Director Chris Saunders, Community Development Manager Anna Bentley, Community Development Director Kevin Handelin, Solid Waste Super Intendent Greg Sullivan, City Attorney Jeff Mihelich, City Manager SUBJECT:Model Property Owner's Association (POA) Covenants Work Session MEETING DATE:November 15, 2022 AGENDA ITEM TYPE:Policy Discussion RECOMMENDATION:Provide broad direction for staff regarding model POA covenants. STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders. BACKGROUND:In December of 2021, the Bozeman City Commission set goals for the upcoming two years via the adoption of Resolution 5368. These goals stem from the Bozeman Strategic Plan, the Climate Plan, the Community Affordable Housing Plan and the Growth Policy. During the goal setting work session, the Commission voted to “establish model homeowner’s association covenants that encourage water conservation, neighborhood and community connectivity, accessory dwelling units, childcare, drought tolerant landscaping, composting, local food, recycling and energy efficiency” (Resolution 5368). While the City cannot require property owners associations to adopt certain covenants, it can provide ways property owners associations can allow for residents to participate in making Bozeman a sustainable, safe, and welcoming community. Covenants are private contracts entered into by property owners. Reasons for covenants vary but are often intended to maintain a certain aesthetic or enhance property values. Covenants may not keep current with changing 228 economic conditions and may have exclusionary impacts. At times, both in the past and currently, the City requires the creation of a property owners association to maintain public or common infrastructure. A property owners association (POA) may be tasked with enforcing covenants, collecting fees, and maintaining common areas. However, not all neighborhoods with covenants have POAs or POA boards. The City does not enforce private covenants unless they are required in order to maintain public infrastructure. City Staff from Economic Development, Sustainability, Transportation and Engineering, Water Conservation, Solid Waste, Community Development, and Legal came together to identify ways in which covenants can remove barriers to accomplishing community goals. Staff is looking for broad direction from the City Commission to determine if the list contained herein is complete and/or if there are any identified items the Commission would like removed from the list. Following broad direction from the Commission, Staff will engage with various advisory boards and begin drafting model covenants. The draft covenants will be distributed to stakeholders (such as developers, brokers, real estate agents, etc.) for review. The final product will then be presented to the Commission for adoption via resolution. CHILD CARE Background: Gallatin County lacks access and affordability to licensed child care. In Gallatin County there is a 52% shortage of child care. Lack of access impacts families, businesses, and our community. 75% of working moms lost job opportunities because of child care issues. 40% of Montana business report they are unable to find and retain a qualified workforce because of lack of child care and 30% say they cannot grow because of lack of child care. The current lack of access and affordability does not only impact our current community, because 90% of brain development occurs between ages 0-5 it will directly impact our future community members and leaders. Expanding access and affordability for Bozeman residents aligns with strategic plan priority 5 (A Creative, Learning Culture) as well as the Community and Support Services priority for 2022-2023. Additionally, Montana law provides that state licensed family and group daycares are residential uses of property. Daycares are allowed in all residential districts. Ensuring daycares are not prohibited is consistent with state policy (See 76-2-412 MCA). Problem Statement: Many POA covenants prohibit in-home child care either directly or asserting such uses are commercial citing traffic and noise concerns. Prohibiting child care in residential areas through private covenants has an adverse effect on the total number of child care slots in our community. Currently, about a third of Montana child care capacity comes from registered providers that operate in private residences. Proposal: Expanding in-home child care by encouraging POAs to exclude or amend language that prohibits in-home child care in their neighborhood is a sustainable, local solution to increase the supply in quality child care slots in 229 Bozeman, thus addressing both access and affordability. SUSTAINABILITY I. Energy Efficiency and Renewable Energy a. Solar Energy Systems Background: Installing solar energy systems on a home or commercial building is an efficient way to reduce both energy costs and greenhouse gas emissions. Solar energy systems coupled with energy storage are an increasingly popular way to improve resilience during extreme weather events and power outages. The Bozeman Climate Plan calls for the addition of 16,000 MWh of local on-site renewable energy to meet our 2025 emissions goal and 80,000 MWh to achieve carbon neutrality by 2050. Rooftop solar is the most land and cost efficient and prominent technology to help Bozeman achieve our local renewable energy goals. Bozeman’s Unified Development Code encourages private solar installations by permitting solar in all zoning districts, including historic districts. Solar installations are also exempt from building height restrictions and do not require mechanical screening. Problem Statement: Even though solar panels are beneficial and can improve property value, some POAs may prohibit or restrict rooftop and ground-mounted solar installations based on the aesthetics of the electronic equipment. Today’s solar systems are generally more aesthetically appealing and installed to minimize the visual impact. There is also greater acceptance of solar panels as broadly beneficial infrastructure. Some POAs restrict solar installations that are visible from the public right of way, which may be the only viable and efficient location for solar. There may also be requirements that the equipment match the color of the roof. In some instances, a POA does not explicitly prohibit solar, but requires final approval for any alterations to a building or property. Without specific language that permits solar, a property owner may have to make a case to a POA design committee. In most cases, POA solar energy system restrictions may be based on perceptions of early solar installations that were massive or poorly integrated with rooftops. The restrictions are not aligned with Bozeman’s Community Plan, Unified Development Code, or Climate Plan. Proposal: Many states have enacted “solar access rights” laws that prevent POAs from prohibiting the use of solar panels. While the State of Montana does not provide for solar by right, the City of Bozeman can suggest that solar energy systems should not be prohibited or unreasonably restricted through POA covenants. Reasonable restrictions on a solar energy system are those that do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance, or that allow for a renewable energy system of comparable cost, efficiency, and energy conservation benefit. 230 b. Clotheslines Background: Clotheslines, or air drying devices, allow residents to save on energy bills and practice environmental stewardship. Clothes dryers and wash machines use approximately 13 percent of household electricity consumption. Clotheslines are sometimes prohibited in condominiums and POAs to protect the aesthetic value of the property. Problem Statement: Disallowing energy conservation and environmental stewardship is generally inconsistent with the Community Plan and Climate Plan. There may be reasonable restrictions on the placement, duration, and timing of clothesline use, especially for multi-family or high-rise buildings with limited open space. Proposal: The City can propose POA covenant language that provides for the “right-to-dry” to ensure some accommodation for clotheslines or drying racks on the owner’s property, but leaves an opportunity for associations to address placement, duration, and timing of clothesline use. II. Local Agriculture Background: The Bozeman Climate Plan recognizes the environmental and resiliency benefits of enhancing our local food system, including community gardens, home gardening, edible landscapes, season extension practices, cottage food businesses, and agriculture/gardening in public green spaces. The City encourages planting of vegetable gardens, raised beds, and fruit trees. City code accommodates many of these practices by allowing front yard gardens and greenhouses outside of property easements. The City supports community gardens in public spaces, as well as associated gardening educational opportunities. There is an Urban Chicken Ordinance 1767 with an Urban Chicken Keeping Permit that allows residents to own chickens while protecting the rights of neighbors. Problem Statement: There are often POA gardening provisions that limit or prevent homeowners from having their own garden. They might be allowed to grow a few herbs or plants in a planter, but there are generally restrictions against having a large garden, especially in the front yard. Gardens are not universally attractive and may not contribute to the resale value of a home. To protect gardens from wildlife and extend the growing season, gardens also may incorporate fencing or covers. Some POAs may not allow livestock animals of any kind, including chickens. Proposal: The City can propose language that would allow for gardening and hen-raising conducted in a competent and proficient manner. Given that a planned community may be more accepting of vegetables than livestock, it is worth considering provisions for gardens separate from livestock animals. Garden provisions would address the ability of a homeowner to manage a garden bed in the back or front yard and/or for the POA to designate managed community garden space to grow fruits and vegetables with supporting water efficient irrigation. A separate provision would address the 231 competent and proficient management of chickens by referencing the City’s Urban Chicken Keeping Permit. WATER CONSERVATION Background: Bozeman is a fast-growing drought-prone community facing numerous water supply constraints posed by its headwaters location in the Upper Missouri River Watershed, impacts of climate change on water supply yields, and challenging legal framework regarding new water right appropriations. Outdoor watering of lawns and landscapes represents fifty percent of annual residential water use in Bozeman. A recent analysis of single household water use based on year-built indicates that homes built over the last decade are applying over twice the amount of water to landscapes as compared to older homes, despite being located on smaller lots with less landscaping. This is likely due in large part to the installation of inefficient irrigation systems and high water use turf grass in new development. Problem Statement: Many POA covenants in Bozeman appear to require the installation of high water use turf grass, especially in front yards and boulevards where the turf grass provides limited functionality. POA covenants also often include requirements to maintain a lush, green lawn appearance. These requirements may not always be explicitly stated in covenants, but rather implied and implemented through general language referring to lawn and yard maintenance. Together, these requirements, may result in high utility charges and may prohibit residents from choosing landscapes that align with the City’s water conservation goals. Additionally, POA covenants requiring a lush green lawn appearance may directly conflict with response measures outlined in the 2022 Drought Management Plan which may limit and prohibit lawn watering. In this situation, a POA may enforce its covenants against a property owner resulting in a fine or other sanction for failure to maintain a lush green lawn when the City has implemented watering restrictions to preserve water supplies during times of drought. The City's water supply system must be built to satisfy peak demands. As the City continues to grow, it must expect that ever-increasing peak water demands will exert higher annual operating costs upon the water rate base. Proposal: Provide POAs with information about the benefits of drought tolerant landscapes and model covenant language that aligns with city water conservation goals pertaining to landscape and irrigation. It is proposed that model covenants be developed to specifically and clearly state the following: • High water use turf grass lawns are not required, • Residents are encouraged to install drought tolerant landscaping, • The installation of turf grass is not permitted in boulevards and narrow areas, • Food gardens are permitted in the front yard to allow for a larger continuous functional turf area in the backyard, 232 • Landscape maintenance requirements must consider the City’s 2022 Drought Management Plan and drought stage declarations. During a drought declaration, residents will be permitted to adhere to the City’s drought restrictions and reduce or forgo lawn watering, even when it results in landscape conditions that do not meet the general standards of the POA. o Residents will not be fined for landscape aesthetics resulting from drought restrictions. • Landscaping and irrigation must meet requirements of the Unified Development Code (UDC). Some of the items listed above will be included in the landscape and irrigation design and performance standards being developed to support water conservation goals. For this reason, it is proposed that POA covenants clearly state that landscaping and irrigation must meet the requirements of the UDC. This may help ensure that, in the event of a discrepancy or dispute regarding POA covenant landscape and irrigation requirements, all landscapes adhere to the water conservation standards codified in the UDC. SOLID WASTE Background: Out of convenience or lack of other options, residents leave garbage and recycling bins on the curb for extended periods of time. Leaving bins in the street or on the sidewalk where other locations are available can force cyclists and residents who use other modes of non-motorized transportation and pedestrians into the vehicle travel lane, which adversely impacts safety. In addition, leaving bins on the curb may be an attractant for wildlife. Bears in particular are a concern for both the safety of the bears, but also the safety of people and pets. Occasionally, neighborhoods may run into issues regarding debris or unsightly material. Problem Statement: POA covenants may not currently include rules or education in regards to the general issues concerning garbage, recycling, and waste within neighborhoods. Proposals: POA covenants could educate residents on the importance of removing containers from the sidewalk for extended periods of time. POA covenants can require garbage bins, recycling bins & yard waste containers be out of sight for those who have street collection services. Containers can be stored in a garage or behind a fence or in the side yard to reduce attracting wildlife. It will also reduce the risk of anyone going through your garbage/recycling. In neighborhoods where there are not storage options, a POA can consider requiring residents to use bear resistant trash cans. CONNECTIVITY Background: As Bozeman grows ensuring safe pedestrian travel throughout the city becomes complicated. Building and making plans to maintain infrastructure is an important aspect of new development. 233 Problem Statement: Many aspects of development could impact the safety of multi-modal transportation. Incomplete sidewalks can force residents off a curb and onto the street. In addition, poor or incomplete snow removal practices render sidewalks and pathways unusable in the winter. Trails and pathways in private open space may not get built or become unusable due to lack of maintenance. Possible Approach: Covenants could encourage property owners to build sidewalks within one year of purchase in order to improve connectivity of sidewalks for pedestrians. POAs could enforce City code requirements for long term maintenance of sidewalks. The City’s current code requirements for sidewalk snow removal are found at Chpt. 34, Article 6, BMC. City code also required “to keep the public sidewalks immediately abutting their property in good order and repair.” See 34.04.020, BMC. Once available, covenants could also reference the upcoming Parks Recreation and Active Transportation Plan for maintenance requirements of trails. In addition, POAs could contract snow plowing companies to ensure consistent sidewalk and pathway access. COMMUNITY DEVELOPMENT I. Structures Background: Bozeman has had a tight housing market for decades and is currently experiencing a housing availability and cost crisis. The housing crisis has rippled into other parts of our community, including our local economy. Factors such as land, lumber and labor make creating new housing expensive. Lack of inventory in the housing stock also creates an affordability problem. Problem Statement: HOA covenants often restrict property owners from building additional supply by restricting the building of accessory dwelling units (ADUs), requiring large minimum lot sizes, and requiring large minimum building/home sizes, and/or restricting multiple homes on each lot. Proposal: Model HOA covenants could allow property owners to build additional homes in accordance with City code. II. Covenant Procedures Background: POAs typically have operational bylaws and procedures that are largely outside the scope of the assigned focus areas of the model covenants. Many of the provisions within POAs that the City of Bozeman has identified as inconsistent with plans and policies are based on assumptions of curb appeal and aesthetics that have not evolved over time within covenants as the real estate market has evolved. Changing provisions within POAs often requires a high super-majority of POA members to affirm changes, which can be challenging to obtain. Changing ownership patterns to absentee or corporate ownership has amplified the challenge. 234 Problem Statement: The bylaws and rules of procedures within POA covenants may prevent neighborhood engagement and participation of diverse stakeholders. The typical owner exclusive structure of POA participation may even create tension between renters and property owners in the community. The bylaws and lack of participation contribute to the issue that POA covenants are not updated over time. Solution: The City of Bozeman may suggest that POA meetings should be open to all residents of the neighborhood with provisions for notice and general public comment. To ensure that POA provisions can evolve over time, a property owner should be able to appoint or designate a voting representative. Other solutions may be the mandatory sunset of POA provisions after 10 to 15 years. At the expiration point, a neighborhood may choose to renew or rewrite their covenants. UNRESOLVED ISSUES:As recommended by the City Commission. ALTERNATIVES:As recommended by the City Commission. FISCAL EFFECTS:None. Report compiled on: November 3, 2022 235 Memorandum REPORT TO:City Commission FROM:Chris Saunders, Community Development Manager Anna Bentley, Community Development Director SUBJECT:UDC Project - Review and Advise Regarding the Update to the Unified Development Code, Chapter 38, Bozeman Municipal Code to Address Potential Changes to Standards Relating to Sustainability, Application 21381 MEETING DATE:November 15, 2022 AGENDA ITEM TYPE:Policy Discussion RECOMMENDATION:Receive presentation, discuss proposed alternatives, and provide direction to staff and consultants. STRATEGIC PLAN:4.1 Informed Conversation on Growth: Continue developing an in-depth understanding of how Bozeman is growing and changing and proactively address change in a balanced and coordinated manner. BACKGROUND:On December 21, 2021, the City Commission adopted Resolution 5368. The resolution established priorities for the next two years. Priorities include adopting changes to the Unified Development Code to “facilitate increased housing density, housing affordability, climate action plan objectives, sustainable building practices, and a transparent, predictable and understandable development review process.” This agenda item is part of the UDC update process and is a work session regarding sustainability. A memo providing background material is attached. Consultants will present information to the City Commission and receive direction and input on sustainability issues. The input will then be used to prepare draft materials for public review and input. UNRESOLVED ISSUES:Commission will give direction on degree to pursue specific issues relating to sustainability. ALTERNATIVES:As identified by the City Commission FISCAL EFFECTS:Funds for this project are budgeted and appropriated. Attachments: 11-15-2022 Work Session cover memo.pdf 236 Report compiled on: November 4, 2022 237 City Commission Sustainability Work Session Background Materials Overall Project Background: On December 21, 2021, the City Commission adopted Resolution 5368. The resolution established priorities for the next two years. Priorities include adopting changes to the Unified Development Code to “facilitate increased housing density, housing affordability, climate action plan objectives, sustainable building practices, and a transparent, predictable and understandable development review process.” The UDC revision process (“the UDC Project”) focuses on implementing policy established by adopted plans including Bozeman Community Plan 2020, Climate Action Plan, Community Housing Action Plan, and the in-progress Parks, Recreation, and Active Transportation. The UDC project is focused on specific improvements, with direction to be completed by December 2023. Resolution 5368 also included “Promote Water Conservation – including the review and consideration of polices and incentive programs to reduce water consumption such as drought tolerant landscaping, lawn watering restrictions and tiered water use pricing.” The Water Conservation Division is separately developing revised requirements for landscaping and water conservation. This WCD project is shortly moving into the public engagement process. It is anticipated that work will be completed in spring 2023. Any adopted text will be merged into the public review draft created by the UDC update. Objectives for the UDC revision project are: • Implementation of growth policy, climate action plan, housing action plan, and other adopted city plans. • Improving readability and usability of the code for infrequent users while maintaining legal soundness. • Update and revisions to zoning district descriptions and options consistent with the growth policy. • Improve graphics Sustainability Work Session General Policy Background: This work session is to assess potential sustainability elements to be included in the UDC update; as well as level of desired regulation for each element. This is a broad area that touches on many elements of the City’s regulations. Prior City Commission guidance on merging of zoning districts already addressed many elements of compact development, a key sustainability policy goal. As noted above, water conservation initiatives are already underway and earlier Commission direction is being addressed through that work. The City and partners have begun the Gallatin Valley Sensitive Lands Protection Plan. That project is separate from and on a different time line than the UDC revision project. That project covers a much larger geographic area. The UDC revision project is limited to only the area within the City limits. 238 The City adopted a new growth policy, the Bozeman Community Plan 2020, in November 2020. State law requires zoning ordinances to be "in accord" with the growth policy. The Bozeman Community Plan 2020 includes direction to amend land development regulations. The City also recently adopted plans for climate action and housing, and an update to the parks plan is underway. Land use regulations play a role in implementing those plans as well. The updated growth policy and related plans establish the policy direction for amendments to be implemented with these code updates. The UDC project allows the City to put the tools in place to take action on adopted policy. This work is not intended to create new policy or change the policy direction already established. Example Bozeman Community Plan 2020 policy direction influencing this work session on zoning districts include: R-1.7 Be flexible: willingness and ability to adopt alternative strategies in response to changing circumstances. DCD-1.2 Remove regulatory barriers to infill. R-2.1 Co-Benefits: Provide solutions that address problems across multiple sectors, creating maximum benefit. R-2.2 High Risk and Vulnerability: Ensure that strategies directly address the reduction of risk to human well-being, physical infrastructure, and natural systems. R-2.7 Adaptive Capacity: Include flexible and adaptable measures that consider future unknowns of changing climate, economic, and social conditions. R-2.8 Harmonize with Existing Activity: Expand, enhance, or leverage work being done to build on existing efforts. N-1.6 Encourage urban agriculture as part of focal point development, in close proximity to schools, and near dense or multi-unit housing. EPO-3.9 Integrate climate change considerations into development standards. Example Bozeman Climate Plan 2020 policy influencing this work session on sustainability includes: 2.F.2. Streamline Solar Permitting and Adopt Solar-Ready Code Provisions 2.F.3. Advance Distributed Solar Policies 4.K.1. Support Community EV Roadmap Development 3.G.2. Review Development Code to Enhance Compact and Sustainable Development 6.N.4. Support Local Food Production, Processing, and Distribution 239 Sustainability Work Session Questions: Based on a review of the various policy documents and their extensive professional experience the Code Studio team proposes two items for Commission consideration. None of the suggestions are finalized and will be further developed prior to incorporation as part of the overall code update draft. Code Studio team member Jen Gardner of Logan Simpson will present information and request Commission direction on incorporation of the following sustainability principles: 1. Electric Vehicle Charging 2. Urban Agriculture Direction is also requested on the degree of desired incorporation for each of the sustainable elements. These potential actions further the growth policy and other policy direction cited above. Background Information on Questions: ELECTRIC VEHICLE CHARGING Anecdotally, sales of electric vehicles (EVs) have consistently grown over the last several years. As of January 2022, there were 456 registered EVs in Gallatin County. Because EVs provide substantial benefits to the environment and the consumer, it is now imperative that the infrastructure to charge meets the current and future demands. This includes providing charging stations with new development and redevelopment. Since 92% of EV charges occur in residences overnight, with the balance occurring at work or in public parking spaces, lack of access to residential charging is a significant barrier to EV adoption1. As shown in the footnotes on this page planning for EV charging upfront can be very beneficial. The following are different approaches to implementing EV infrastructure into the Residential and Commercial development standards. It will be necessary to ensure that any final recommendations stay within zoning authority as the City may not alter the building code: Residential Buildings2: Different levels of EV ready codes for new single-household and multi-household residential developments aimed at being “future proof” to ensure that a home will meet homeowner needs for the next century. 1. EV-Capable. Install electrical panel capacity with a dedicated branch circuit and a continuous raceway from the panel to the future EV parking spot (sample code: Denver, CO) 1 An Introduction to Electric Vehicle-Ready Buildings, U.S. EPA (2021) https://www.epa.gov/sites/default/files/2021-04/documents/webinar-ev-ready-buildings-2021-03-24.pdf 2 Cracking the Code on EV-Ready Building Codes, 2018 https://www.swenergy.org/cracking-the-code-on-ev-ready- building-codes 240 2. EVSE- Ready Outlet. Install electrical panel capacity and raceway with conduit to terminate in a junction box or 240-volt charging outlet (typical clothing dryer outlet) (sample code: Boulder, CO) Commercial development: There are three levels of EV readiness for commercial development: 3. EV-Capable: Install electrical panel capacity with a dedicated branch circuit and a continuous raceway from the panel to the future EV parking spot. (sample code: Aspen, CO IBC 3% of parking is EV Capable, Atlanta, GA 20% is EV-capable ordinance) 4. EVSE-Ready Outlet: Install electrical panel capacity and raceway with conduit to terminate in a junction box or 240-volt charging outlet (typical clothing dryer outlet) (sample code: Boulder, CO 10% EV-Ready Outlet) 5. EVSE-Installed: Install a minimum number of Level 2 EV charging stations (sample code: Palo Alto, CA 5-10% of parking is EV-installed) Sample definitions3: ELECTRIC VEHICLE (EV). An automotive-type vehicle for on-road use, such as passenger automobiles, buses, trucks, vans, neighborhood electric vehicles, and electric motorcycles, primarily powered by an electric motor that draws current from a building electrical service, EVSE, a rechargeable storage battery, a fuel cell, a photovoltaic array, or another source of electric current. ELECTRIC VEHICLE SUPPLY EQUIPMENT (EVSE). The conductors, including the ungrounded, grounded and equipment grounding conductors, and the EV connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatuses installed specifically for the purpose of transferring energy between the premises wiring and the EV. EV-CAPABLE SPACE. A dedicated parking space which is provided with electrical panel capacity and space to support a minimum 40-ampere, 208/240-volt branch circuit for each EV parking space, and the installation of raceways, both underground and surface mounted, to support the EVSE. EV-READY SPACE. A designated parking space which is provided with one 40-ampere, 208/240-volt dedicated branch circuit for future dedicated Level 2 EVSE servicing EVs. The circuit shall terminate in a suitable termination point such as a receptacle, junction box, or an EVSE, and be located in close proximity to the proposed location of the EV parking spaces. The circuit shall have no other outlets. The service panel shall include an over-current protective device and provide sufficient capacity and space to 3 Tech Brief on EV Charging, Page 15. https://www.energycodes.gov/sites/default/files/2021- 07/TechBrief_EV_Charging_July2021.pdf 241 accommodate the circuit and over-current protective device and be located in close proximity to the proposed location of the EV parking spaces. Cost and Investment Studies have shown that EV infrastructure is significantly cheaper to install during new construction than as a building retrofit. This is likely due to the cost of trenching, demolition, and additional permitting costs. Installation with initial construction reduces disruption to residents and site users. Added requirements can increase initial cost for new construction. The City of Denver estimates that EV-Capable requirements save 85% on EVSE installation costs when incorporated into new construction, while their total EV-Ready costs add 0.3% - 0.5% to the total building cost.1 Threshold of Applicability Whatever regulatory approach is chosen, there is an option to require it only with new construction, or to require that it be met when modifications to existing development meets certain thresholds. Section 38.500.020.B establishes thresholds for when building and site design standards must be applied to building additions and remodels. There are three levels. As an addition or remodel increases in scope the greater the requirement for the work to meet current standards. It is recommended that updated regulations require compliance with EV standards with new construction and level 2 and 3 additions and remodels. There are different travel needs and patterns for commercial and residential uses. Many new residential developments include enclosed parking where addition of charging capability is comparatively simple. Most non-residential development relies on open parking lots. Due to these and other distinctions it is appropriate to consider the possibility of differentiating standards for EV parking support between residential and non-residential development. Quantity Required EV charging facilities require locations near power supplies and require space for equipment. The practical design requirements affect where they can be located. Larger parking areas are more likely to have the flexibility to meet requirements. It is suggested to set a minimum size parking area for when EV parking is required to be provided. Any development can choose to implement EV capability. The Commission could also consider applying a different level of capability for different size projects. For example, a smaller project might only be required to have EV-Ready spaces while a large project might need to have EVSE-Ready (i.e. EV-Installed) spaces. Other known jurisdictions that require EV code provisions through land development codes or zoning codes include: 242 Municipality/State Year Single-Household Multi-household Commercial Orlando, FL 2021 - 20% EV-Capable 10% EV-Capable, 2% EV- Installed (250+ spaces) Madison, WI 2021 - 2% EV-Installed, 10% EV-Ready (increases by 10% every 5 years) 1% EV-installed, 10% EV-Ready (increases by 10% every 5 years) Salt Lake City, UT 2020 - 1 EV-Installed per 25 spaces (>5,000sf) 1 EV-Installed per 25 spaces (>5,000sf) Chicago, IL 2020 - 20% EV-Ready (5+ spaces) 20% EV-Ready (30+ spaces) Lakewood, CO 2019 1 EV-Capable space per dwelling unit 2% EV-Installed, 18% EV Capable (10+ spaces) 2% EV-Installed, 13%- 18% EV-Capable (10+ spaces) Seattle, WA 2019 1 EV-Ready space per dwelling unit 100% EV-Ready up to 6 spaces, 20% for parking lots with 7+ spaces 10% EV-Ready Golden, CO 2019 - 1 EV-installed, 20% EV- Ready, 70% EV- Capable 10% EV-Installed, 40% EV-Capable URBAN AGRICULTURE Urban agriculture can include a variety of practices that aim to cultivate, process and distribute agriculture products throughout urban and suburban areas. Methods such as community gardens, rooftop farms, hydroponic, aeroponic, and aquaponic facilities, and vertical production are all examples of urban agriculture. Urban agriculture can vary in scale and scope, and is best implemented through a variety of techniques. All land uses can incorporate urban agriculture into their environments. Zoning to Encourage and Support Urban Agriculture Removing barriers and restrictions of agricultural practices in land use code is the best way to incorporate urban agriculture into built environments. This can increase residents’ access to healthy food and reduce the carbon footprint associated with food and goods imports. Agriculture can be water and land intensive and generate negative off-site impacts. Policies to support urban agriculture need to be coordinated with policies for water conservation and compact development. Bozeman should consider enabling language to confirm which types of urban agriculture activities are allowed. Often times even the absence of permission may deter potential growers. To facilitate urban agriculture the City should: 1. Decide what types and scale of agriculture should be allowed. Bozeman already supports and authorizes personal gardens in all zoning districts, shared non-commercial 243 gardens in community spaces such as parks and commonly owned spaces, animal keeping and other more intensive personal agriculture in the RS district, and commercial agriculture in the M-2 district. Keeping of chickens is regulated outside of the UDC in Section 8.02.070 of the municipal code. 2. Clearly define each term. Some definitions already exist in 38.700 but may need to be updated and additional definitions may be required. 3. Specify which zones allow urban agriculture, identify standards which apply, and by what process it is allowed. For example, ten years ago the City created the Artisan Manufacturing use and applied it to various zoning districts expanding where light impact, small scale manufacturing could be included. Standards were drafted limiting size, nature, and impact of the use to prevent negative impacts on others. The more intensive Manufacturing use is not allowed in as many places as Artisan Manufacturing. Manufacturing is not subject to the same limitations Artisan Manufacturing and can generate much more noise, traffic, and similar intense impacts. The City could explore a similar approach, for example distinguishing where a restaurant could grow ingredients for use on-site from where a land and water efficient hydroponic vegetable growing facility that serves the entire community might be located. Existing Urban Agriculture support: • Definition of agriculture allows for home gardens accessory to residential uses. • City allows for keeping of a limited number of chickens through its animal control regulations. • Shared gardens can be hosted on common space, such as condominiums and HOAs, for the use of the owners of the common space. • Accessory buildings such as potting sheds and greenhouses are allowed in all zoning districts. • Agriculture is explicitly an allowed use in the RS and M2 districts. Support for Urban Agriculture could be expanded during the UDC revision by: • Allowing on-site sale of produce whenever possible. In residential areas this could be connected to the existing home based business process allowed in 38.360.150. o Permit sale of farm/garden products can increase access to healthy food to neighborhood consumers. • Expand allowed non-commercial agricultural production o Allow non-profits or similar groups to develop shared garden space on property they do not own. This could expand residents to access land for non-commercial food production.  Utilize vacant lands similar to community garden models with owner consent. 244  Provide specific language where and how these types of uses are allowed and what kind of review process and public safeguards may be required (e.g. insurance, water supply, safety oversight). • Create an approach similar to Artisan Manufacturing to allow commercial agriculture as accessory to another use such as a restaurant, or as a principal use with limited scope, in proper locations and configurations. • Expand allowance for unlimited scale agriculture into more commercial and industrial districts. Given land costs and water availability, these kinds of uses would likely be 12 month internal production facilities. Development of such facilities would be subject to the normal development standards as apply to any use in the applicable zoning district. It is not expected that open field production would be the method used for this activity. Consideration for future work: Agriculture, especially livestock, has potential to impact adjacent owners and residents. The complexities will require substantial consideration of options and engagement with the public which are outside the available resources of the current code revision project. This element of Urban Agriculture is best examined after the City has established and tested compact development and other priorities. - Allow for expanded small-animal husbandry. o Restrictions on keeping animals can limit residents from producing additional food besides fruits and vegetables such as milk, eggs, honey, and/or fish. As noted above, the City does allow chickens through its animal control regulations. o May consider more discussion and compromise on what kinds of animals and how many are allowed. Concerns on sanitation, odor control, and noise need to be addressed. o Consider end-of-life management (slaughtering and meat processing) to avoid public health and nuisance concerns. Non-Unified Development Code Urban Agriculture Issues - Funding and Services Regardless of the scale of the urban agriculture practice, funds are essential. Grants can be available to initiate or expand efforts for farmers, gardeners, citizens, government officials, schools, and other stakeholders in urban and suburban areas. The USDA provides resources and information for communities interested in establishing urban agriculture programs. Additionally, cooperative agreements assist local and municipal governments with developing and testing strategies for planning and implementing urban agriculture projects such as compost and food waste reduction plans. This simple concept can increase access to compost for agricultural producers, improve soil quality, and encourage innovative and scalable waste management plans. 245 The USDA offers a variety of programs and services for interested urban producers to start, expand and improve operations. The programs and services include conservation, disaster assistance, crop insurance, and safety-net programs. Examples of actions by other communities include: - Stafford County, Virginia: Purchase of Development Rights Program allows for the County to acquire land from a property owner and place a conservation easement on the land to preserve agricultural land from urban development. - Kansas City, Missouri: established a land bank and creates an agency for the purpose of managing, selling, transferring, and disposing of interest in real estate for specified uses with include urban agriculture. - Madison, WI: Created an Edible Landscaping on City-Owned Lands Ordinance which allows for growing and farming of edible landscapes with a permit. - Jersey City, New Jersey: “adopt a Lot” program authorizes the City to lease vacant city properties and open space land to non-profit corporations and associations for gardening at a rate of $1.00 per year. Additional work that is underway or being considered and related to this work session is: BIKE INFRASTRUCTURE In the face of a changing climate and technological innovation, biking, whether human-powered or electric, has increased in many communities. More communities are investing in active transportation in both regional and local contexts. Communities like Bozeman are at the precipice of a shift away from vehicles and towards bicycles (especially electric bicycles). To enable this change, it is essential that the built environments encourage active transportation in its supporting infrastructure. Bozeman’s land development standards include requirements for bicycle parking and non- motorized travel network elements. Parking includes both minimum numbers of bicycle parking facilities and standards for those facilities to ensure functionality. Existing bicycle parking requirements tie the number of required parking spaces to the number of provided motor vehicle spaces. Decoupling these two requirements is recommended as the City considers revising its motor vehicle parking requirements. Motor vehicle parking requirements and active transportation requirements are the subject of future work sessions. Consider the following when implementing bicycle parking and electric bicycle charging into commercial, multifamily, and public spaces development standards: Parking There are two types of parking considerations to be made for bicycles: short and long term parking. Short-Term. Should be as convenient and easy to use as possible. This includes the location of the infrastructure. Should be visible from and close to the entrance of the location it serves. 246 Typically 50 feet is the benchmark. Sheltered parking makes the infrastructure easier to use year-round. Lighting is important for all locations to see use outside of daylight hours. Further discussion should be had on the quantity of bike infrastructure. This should be considered based on different contexts. (The APBP provides resources to evaluate the quantity). There are two types of infrastructure for short-term parking: 1) racks affixed to a solid surface, and 2) corrals (such as those provided in the downtown area). Corrals place bike parking in on street areas for those that do not have ample sidewalk space to implement bike parking. Long-term. Long-term parking must be secured and sheltered for optimal use. Again, location is key. Appropriate locations vary with context however, the users of long-term parking are typically willing to trade some degree of convenience for weather protection and increased security. These installations emphasize physical security above all other aspects. Signage may also be required for first time users. Access to stored bicycles can be either individual (in lockers) or in groups (locked bike rooms or other secure enclosures). Several recent large apartment developments have included bike storage rooms. Various options for access control include user-supplied locks, keys, smart cards, and other technologies to ensure security is the number one priority. The number of bicycles this type of parking accommodates is also based on context and should be evaluated by use (ABPB recommendations). There can be competition of uses for high-security and sheltered locations which can put pressure on long-term parking to fit more bikes in less space. When parking needs cannot be met with standard racks and spacing, it is recommended to consider rack systems designed to increase parking density. Note that an increase in density without attention to user needs can create parking that excludes people due to age, ability, or bike type which can result in bikes being parked in less desirable places or choosing not to bike at all. Installation Installation includes standards for surface type and fasteners to ensure longevity of the infrastructure and safety. A sturdy concrete pad is ideal for Bicycle Parking. Other surfaces may include asphalt, pavers, and soft surfaces such as earth or mulch. For soft surfaces, in-ground mounted or freestanding bike racks such as inverted U-racks can be used. Different types of fasteners may be used depending on the location and type of concrete. Ultimately, installation techniques depend on new concrete versus existing surfaces. The following are options to consider with bike parking: 1. Determine a required number of short-term parking spaces 2. Determine if long-term parking should be required or incentivized 247 Electric Bicycle Charging Stations A recent commercial innovation in cycling is electric assist. Such bikes support longer commute distances and travel in more varied terrain. Unlike typical electric vehicles, most e-bikes have batteries that can be removed for charging. Providing e-bike charging stations can increase the attractiveness of a region for locals and for visitors. Providing a charging infrastructure network can support greater bicycle use which in turn may relieve cities and communities of motor vehicle traffic. Additionally, providing charging stations as a business owner shows the community that the company contributes to improving the environment can create vehicular parking relief by way of incentives in the UDC. The following are options to accommodate e-Bikes in the built environment: 1. Combine 110V with EV charging stations (must provide adequate bike parking); or 2. Provide 110V in standard bike parking; and/or 3. Encourage businesses to provide standard outlets for e-bike charging LANDSCAPE SOIL VOLUME One of the greatest challenges with the survival of trees in an urban or suburban environment is the volume of soil dedicated to street trees. Many communities regulate the width of the tree lawns or landscape strips between the sidewalk and street at a minimum of eight to ten feet in width. Cities such as Boise, Idaho have found more success in regulating the soil volume dedicated to each tree and have had greater success in the survival of street trees leading to greater preservation of the urban tree canopy therefore cutting down on urban heat island effects. Standards for development and landscaping within the City’s boulevard strips in the right of way are being evaluated as part of the water conservation evaluation. Street trees are an important element to provide shading, pedestrian protection, CO2 capture and other sustainability issues. Updated standards will be integrated as the two code review projects proceed. WILDLAND URBAN INTERFACE The State of Montana has directed the Department of Labor and Industry to develop standards to address the wildland urban interface (WUI) therefore this is not a topic that was identified as a priority to address at this time. Should the Department complete their work, timely standards may be integrated with the UDC update. LOW IMPACT DESIGN The City has pursued and encouraged low impact design for many years as part of our commitment to environmental health and as part of our stormwater permitting requirements as an MS4 community. Rapidly increasing land prices have motivated developers to use land efficient management and runoff limitation techniques. There are existing stormwater control requirements and incentives included in the municipal code in Chapters 38 and 40. Staff are working to review, clarify, and enhance requirements in the code. Much of the daily 248 requirements for stormwater development and operations are outside of Chapter 38. The City is undertaking an update to its stormwater management plan and associated Stormwater Management Manual and Design Standards that are already underway. Therefore, the scope of changes expected to be proposed with this UDC revision is modest. The stormwater update already underway can consider issues related to LID such as: 1. Leave it as is – voluntary 2. Require certain sized projects to comply with LID requirements (could be size of site, building, or impervious area – downtown would likely be exempt) 3. Require a certain amount of permeable pavement and/or stormwater capture to meet LID requirements on all projects Depending on expected outcomes of considered alternatives; suggested revisions to land development standards may follow later. NEIGHBORHOOD ORIENTATION TO ENHANCE PASSIVE AND ACTIVE SOLAR In lower-density contexts, encouraging developments to maximize their northern and southern exposure can improve energy efficiency at the neighborhood scale. This provides more consistent natural lighting and direct solar heating through windows and walls. This also enhances the potential for solar photovoltaics and could complement solar-ready requirements in the future. While east-west block orientation benefits active and passive solar opportunities, it may introduce complexity in achieving other sustainability objectives such as infill and redevelopment, design with natural systems, creating connected neighborhoods with access to trails and transit, and efficient neighborhood design. Bozeman has prioritized limiting low density development. If there is a desire to optimize block orientation, it may be appropriate to limit orientation requirements to lower-density green field developments where there are likely to be fewer site constraints. Such a requirement may consequently serve to encourage infill and redevelopment. Alternatively, addressing passive and active solar within buildings may be sufficiently achievable through the 2021 International Energy Conservation Code (IECC) rather than zoning or subdivision standards. In June of 2022, the State of Montana gave local jurisdictions with building enforcement authority the ability to adopt and enforce Appendix CB Solar-Ready Zone for Commercial buildings, which outlines standards for orientation, roof area, roof load documentation, interconnection conduit, energy storage systems, and electric service reserved space. There are notable exceptions provided for site shading, availability of solar radiation, and extensive equipment/obstructions, and installed solar PV systems. For detached one-and two- household dwellings and townhouses, the State of Montana adopted Appendix RB Solar-Ready Provisions, which addresses solar-ready zones with appropriate orientation, roof load documentation, interconnection pathways, electrical service reserved space, and documentation. Exceptions are provided for shading and installed solar PV systems. 249 Coupling neighborhood orientation requirements in lower-density neighborhoods with IECC solar-ready building code provisions may serve to minimize the number of site shading exceptions requested through the building code. Through the code review process, the International Codes Council (ICC) determined that the Solar Ready Appendices significantly reduce the difficulty and expense of installing solar PV. Adoption of both appendices, coupled with federal, state, and potentially local incentives would enhance the economic advantage of solar-ready design. The City of Bozeman has not yet adopted the Solar-Ready Appendices. At a future date, the Sustainability Division plans to provide a more detailed analysis of the added costs and PV installation savings associated with the implementation of the IECC solar-ready appendices for Commission consideration. Such adoption would be separate from the UDC update process. RECYCLING AND COMPOSTING FACILITIES The City and several private parties provide recycling and composting services. The Solid Waste Division is currently evaluating expansion of services. One consideration to coordinate with the UDC revision is provision of shared or individual space for recycling (paper, corrugated cardboard, plastics, metals) and composting (organic food and yard residuals) collection receptacles for residential and commercial buildings. Container space requirements should be established in coordination with the Solid Waste Division, including consideration for animal- proof containers/management to reduce conflict with wildlife. As an example of how this may be approached, LEED-ND specifies that recycling containers should be available on every mixed- use or nonresidential block or at least every 800 feet, whichever is shorter, including recycling containers, either adjacent to or integrated into the design of other receptacles. DISTRICT ENERGY SYSTEMS (DES) DES can provide heating and cooling to buildings that are connected to and powered by localized utility plants. It can be an efficient, renewable, and reliable way to meet energy needs. It is best suited in zones with a mix of medium to high-density developments, such as colleges, downtown districts, airports, mixed-use residential clusters, industrial parks, and healthcare facilities. DES is not a new concept, but there is growing interest in this solution as a strategy to enhance efficiency, reduce greenhouse gas emissions, and enhance resiliency. The UDC is not a tool that will significantly advance the use of DES, but it may implicitly discourage DES if it prohibits centralized energy systems in residential and commercial zones. DES could be specifically included as an element of the Essential Services use which is allowed in all residential districts. Work Session Schedule: The magnitude of the anticipated changes necessitates periodic input from the Commission and public to ensure the project remains on course and timely. A series of focused work sessions are proposed at critical junctures in the process to gather information and confirm project direction. Each work session will focus on one element of policy implementation. The sequence of subjects will correlate and coordinate with ongoing work, with the added goal of identifying key elements early in the process and working efficiently. 250 City Commission work sessions are below; dates are provided for those already in the Commission’s six-month schedule is. Tuesday, September 13th – Organization and Page Layout (completed) Tuesday, October 18th – Zoning Districts (completed) Tuesday, November 15th – Sustainability Tuesday, January 24th – Parking Tuesday, February 14th – Park Standards Tuesday, March 7th – Transportation Summaries of work sessions and other public engagement and information about the project is available at engage.bozeman.net/UDC. 251