The URL can be used to link to this page

Home My WebLink About04-03-23 CDB Agenda & Packet MaterialsA.Call to Order - 6:00 pm This meeting will be held both in-person and also using an online video conferencing system. You can join this meeting: Via Video Conference: 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 562 5365 B.Disclosures C.Changes to the Agenda D.Approval of Minutes D.1 032023 Minutes(Sagstetter) E.Consent Items F.Public Comments This is the time to comment on any matter falling within the scope of the Community Development Board. There will also be time in conjunction with each agenda item for public comment relating to that item but you may only speak once per topic. THE COMMUNITY DEVELOPMENT BOARD OF BOZEMAN, MONTANA CDB AGENDA Monday, April 3, 2023 General information about the Community Development Board is available in our Laserfiche repository. If you are interested in commenting in writing on items on the agenda please send an email to agenda@bozeman.net or by visiting the Public Comment Page prior to 12:00pm on the day of the meeting. Public comments will also be accepted in-person and through Video Conference during the appropriate agenda items. As always, the meeting will be streamed through the Commission's video page and available in the City on cable channel 190. For more information please contact Anna Bentley, abentley@bozeman.net 1 Please note, the Community Development Board cannot take action on any item which does not appear on the agenda. All persons addressing the Community Development Board shall speak in a civil and courteous manner and members of the audience shall be respectful of others. Please state your name and place of residence in an audible tone of voice for the record and limit your comments to three minutes. General public comments to the Board can be found in their Laserfiche repository folder. G.Action Items G.1 Recommend Approval of the Canyon Gate Major Subdivision Preliminary Plat with Conditions and Code Provisions, Application 22264. (Quasi-Judicial)(Montana) G.2 Annexation Application 22383 Requesting Annexation of Approximately 20.515 Acres and Adjacent Right of Way for Fowler Lane and Amendment to the City Zoning Map for the Establishment of a Zoning Designation of R-4 (Residential High Density District). Approximately 700 feet South of the Intersection of Stucky Road and Fowler Lane, Application 22383(Cramblet) H.FYI/Discussions H.1 Upcoming Items for the April 17, 2023 Community Development Board Meeting (Bentley) I.Adjournment This board generally meets the first and third Monday of the month from 6:00 pm to 8:00 pm. Citizen Advisory Board meetings are open to all members of the public. If you have a disability and require assistance, please contact our ADA coordinator, Mike Gray at 406-582-3232 (TDD 406-582- 2301). 2 Memorandum REPORT TO:Community Development Board FROM:Sam Sagstetter - Community Development Technician II Lacie Kloosterhof - Community Development Office Manager Anna Bentley - Community Development Director SUBJECT:032023 Minutes MEETING DATE:April 3, 2023 AGENDA ITEM TYPE:Minutes RECOMMENDATION:Approve STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:None. UNRESOLVED ISSUES:None ALTERNATIVES:Approve with corrections. FISCAL EFFECTS:None. Attachments: 032023 CDB Minutes.pdf Report compiled on: March 28, 2023 3 Bozeman City Commission Meeting Minutes, March 20, 2023 Page 1 of 4 THE COMMUNITY DEVELOPMENT BOARD MEETING OF BOZEMAN, MONTANA MINUTES March 20, 2023 General information about the Community Development Board is available in our Laserfiche repository. Present: Allison Bryan, Henry Happel, Padden Guy Murphy, Jennifer Madgic, Ben Lloyd Excused: Brady Ernst, Nicole Olmstead, Chris Egnatz, Jason Delmue A) 00:01:21 Call to Order - 6:00 pm B) 00:01:58 Disclosures C) 00:02:03 Changes to the Agenda D) 00:02:09 Approval of Minutes D.1 00:02:13 030623 CDB Minutes 030623 CDB Minutes.pdf 00:02:17 Motion to approve Jennifer Madgic: Motion Padden Guy Murphy: 2nd 00:02:34 Vote on the Motion to approve Approve The Motion carried 5 - 0. Approve: Allison Bryan Henry Happel Padden Guy Murphy Jennifer Madgic 4 Bozeman City Commission Meeting Minutes, March 20, 2023 Page 2 of 4 Ben Lloyd Disapprove: None E) 00:02:52 Consent Items F) 00:02:55 Public Comments 00:03:49 Brian K provides public comment. 00:08:04 William Gavin provides public comment. 00:13:50 Marcia Kaveney provides public comment. 00:17:22 Linda Lyon provides public comment. 00:21:04 William Ollar provides public comment. G) 00:22:39 Action Items G.1 00:22:47 Approve the Cottages at Blackwood Groves Block 14 Site Plan; Application 22324 (Quasi-Judicial) 22324 Cottages at BWG Blk 14 SP staff rpt.pdf 00:23:25 Planner Susana Montana presents to the board. 00:32:34 Planner Susana Montana answers questions from the board. 00:33:18 Applicant Tyler Steinway and Grant Scythe presents to the board. 00:42:29 Applicant Tyler Steinway and Grant Scythe answers questions from the board. 01:03:13 Motion to approve Having reviewed and considered application materials, public comment, and all the information presented, I hereby accept the findings of the staff report for application 22324 and move to recommend approval of the Cottages at Blackwood Groves Block 14 Site Plan to the Director of Community Development, with staff recommended conditions and applicable code provisions. Padden Guy Murphy: Motion Jennifer Madgic: 2nd 01:15:11 Vote on the Motion to approve Having reviewed and considered application materials, public comment, and all the information presented, I hereby accept the findings of the staff report for application 22324 and move to recommend approval of the Cottages at Blackwood Groves Block 14 Site Plan to the Director of Community Development, with staff recommended conditions and applicable code provisions. The Motion carried 5 - 0. Approve: Allison Bryan Henry Happel 5 Bozeman City Commission Meeting Minutes, March 20, 2023 Page 3 of 4 Padden Guy Murphy Jennifer Madgic Ben Lloyd Disapprove: None G.2 01:15:35 Continue the public hearing for the Gran Cielo II Annexation Requesting Annexation of 81.468 Acres and Amendment of the City Zoning Map for the Establishment of a Zoning Designation of R-4 (Residential High Density District) for Property Located South of West Graf Street Between South 27th Avenue and Fowler Lane, Application 22090 to April 17, 2023 01:16:05 Motion to continue I move to continue the public hearing for review of application 22090, the Gran Cielo II Annexation and Zone Map Amendment to April 17, 2023. Allison Bryan: Motion Jennifer Madgic: 2nd 01:16:40 Vote on the Motion to continue I move to continue the public hearing for review of application 22090, the Gran Cielo II Annexation and Zone Map Amendment to April 17, 2023. The Motion carried 5 - 0. Approve: Allison Bryan Henry Happel Padden Guy Murphy Jennifer Madgic Ben Lloyd Disapprove: None H) 01:16:55 FYI/Discussions H.1 01:16:58 Upcoming Items for the April 3, 2023 Community Development Board Meeting I) 01:17:20 Adjournment This board generally meets the first and third Monday of the month from 6:00 pm to 8:00 pm. 6 Memorandum REPORT TO:Community Development Board FROM:Susana Montana, Senior Planner Brian Krueger, Development Review Manager Erin George, Deputy Director of Community Development Anna Bentley, Director of Community Development. SUBJECT:Recommend Approval of the Canyon Gate Major Subdivision Preliminary Plat with Conditions and Code Provisions, Application 22264. (Quasi-Judicial) MEETING DATE:April 3, 2023 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION:Having reviewed and considered the application materials, public comment and all the information presented, I hereby adopt the findings presented in the staff report for application 22264 and move to recommend approval of the Canyon Gate Major Subdivision Preliminary Plat with conditions and subject to all applicable code provisions. 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 Department of Community Development received a Preliminary Plat application for the Canyon Gate Subdivision project on August 24, 2022, requesting to subdivide a 24.14-acre Tract into 15 lots consisting of 3 mixed commercial and apartment residential lots zoned B2-M; 2 two-household residential lots zoned R-3; 2 apartment residential lots zoned R-5; and 4 four- household residential lots zoned R-3; 3 park lots zoned R-3, R-5, and REMU; and 1 open space lot zoned B-2M; along with dedicated street rights-of-way. This Tract of land was annexed into the City and was granted the four zoning designations, B-2M, R-3, R-5, and REMU, in April 2022 (Project No. 21337). On February 13, 2023, the Development Review Committee (DRC) found the application sufficient for continued review and recommends the conditions and code provisions identified in this report. The subdivider did not request any subdivision or zoning variances with this application. 7 UNRESOLVED ISSUES:None. ALTERNATIVES:As noted in the staff report. FISCAL EFFECTS: Fiscal impacts are undetermined at this time but will include increased property tax revenues from new development, along with increased costs to provide municipal services to the property. Attachments: REVISED Date 22264 Canyon Gate PP CDB staff rpt.pdf 22264 Canyon Gate compiled public comment as of 02 28 23.pdf 027 Annexation Covenants.pdf Report compiled on: March 14, 2023 8 Page 1 of 30 22264; Community Development Board/ Planning Board Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Public Meeting/Hearing Dates: Planning Board meeting - Monday, April 3, 2023 at 6:00 pm. City Commission hearing will be held Tuesday, April 18, 2023 at 6:00 pm Project Description: A major subdivision preliminary plat of a 24.14 acre Tract to create 15 lots consisting of 3 mixed commercial and multi-household residential lots zoned B2- M; 2 two-household residential lots zoned R-3; 2 multi-household residential lots zoned R-5; and 4 four-household residential lots zoned R-3; 3 park lots; and 1 open space lot; along with dedicated street rights-of-way. Property Description: Tract 7B of COS No. 2408, excepting out MDT ROW deed parcels Doc. No. 2532621 and No. 2532622, and the westerly 33.34’ of Lot 45, and all of Lots 46 and 47 of Mt. Baldy Subdivision (Plat F-10), excepting out MDT ROW deed parcels Doc No. 2532623 and No. 2532624. Project Location: The property is located within portions of the SW 1/4 of S32, T1 S, R5 E, P.M.M., City of Bozeman, Gallatin County, MT Staff Finding: The application conforms to standards and is sufficient for approval with conditions and applicable code provisions. Recommended Planning Board Motion: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 22264 and move to recommend approval of the Canyon Gate Major Subdivision Preliminary Plat with conditions and subject to all applicable code provisions. Report Date: March 28, 2023 Staff Contact: Susana Montana, Senior Planner; Ross Knapper, Development Review Coordinator Mikaela Schultz, Project Engineer Agenda Item Type: Action (Quasi-judicial) EXECUTIVE SUMMARY This report is based on the application materials submitted and public comment received to date. The application materials are available in the City’s Laserfiche archive and may be accessed through the Community Developer Viewer at: https://weblink.bozeman.net/WebLink/Browse.aspx?startid=264157 9 22264; Planning Board Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 2 of 30 A compilation of public comments received in 2022 is attached to the agenda item. The following link will take you to public comments received in 2023 to date: https://weblink.bozeman.net/WebLink/Browse.aspx?id=273210&dbid=0&repo=BOZEMAN&cr =1 Should additional written public comments be received they will be included in the City’s Laserfiche archive and available to the public. Unresolved Issues. There are no unresolved issues with this application. Project Summary The Department of Community Development received a Preliminary Plat Application for the Canyon Gate project on August 24, 2022 requesting to subdivide a 24.14 acre Tract into 15 lots consisting of 3 mixed commercial and multi-household residential lots zoned B2-M; 2 two-household residential lots zoned R-3; 2 multi-household residential lots zoned R-5; and 4 four-household residential lots zoned R-3; 3 park lots; and 1 open space lot zoned REMU; along with dedicated street rights-of-way. This Tract of land was annexed into the City and was granted the four zoning designations, B2-M, R-3, R-5 and REMU [shown in Figure 2], in April 2022 (Project No. 21337). On February 13, 2023, the Development Review Committee (DRC) found the application sufficient for continued review and recommends the conditions and code provisions identified in this report. The subdivider did not request any subdivision or zoning variances with this application. The final decision for this first major subdivision preliminary plat must be made within 60 working days of its being deemed adequate for further review, or by May 1, 2023. Alternatives 1. Recommend approval of the application with the recommended conditions; 2. Recommend approval of the application with modifications to the recommended conditions; 3. Recommend denial of the application based on the Board’s findings of non- compliance with the applicable criteria contained within the staff report; or 4. Continue the public meeting on the application, with specific direction to staff or the subdivider to supply additional information or to address specific items. 10 22264; Planning Board Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 3 of 30 TABLE OF CONTENTS EXECUTIVE SUMMARY ................................................................................................................. 1 Unresolved Issues. ............................................................................................................. 2 Project Summary ............................................................................................................... 2 Alternatives ........................................................................................................................ 2 SECTION 1 – MAP SERIES ............................................................................................................. 4 SECTION 2 – REQUESTED VARIANCES ..................................................................................... 11 SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL .................................................. 11 SECTION 4 – CODE REQUIREMENTS ......................................................................................... 14 SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS .................................................... 14 SECTION 6 – STAFF ANALYSIS AND FINDINGS ........................................................................ 14 Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC. ........................ 14 38.220.060 Documentation of compliance with adopted standards .......................... 18 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY .............................................. 25 APPENDIX B – DETAILED PROJECT DESCRIPTION ................................................................. 29 APPENDIX C – NOTICING AND PUBLIC COMMENT ................................................................. 29 APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF .......................................... 30 FISCAL EFFECTS .......................................................................................................................... 30 ATTACHMENT LINK .................................................................................................................... 30 11 22264; Planning Board Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 4 of 30 SECTION 1 – MAP SERIES Figure 1: Vicinity Map Figure 2 – Zoning Map 12 22264; Planning Board Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 5 of 30 Figure 3: Existing Site Conditions Map [historical flood path shown in blue] Figure 4: Open Space (yellow) and Parks (green) in vicinity; Site in red 13 22264; Planning Board Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 6 of 30 Figure 5: Community Plan 2020 Future Land Use Designations 14 22264; Planning Board Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 7 of 30 Figure 6: Preliminary Plat Summary 15 22264; Planning Board Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 8 of 30 Figure 7: Preliminary Plat 16 22264; Planning Board Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 9 of 30 Figure 8: Concept Development Plan 17 22264; Planning Board Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 10 of 30 Figure 9: Concept Green Plan Figure 10: Parks Plan 18 22264; Planning Board Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 11 of 30 SECTION 2 – REQUESTED VARIANCES The subdivider did not request any subdivision or zoning variances with this preliminary plat application. SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL Please note that the following conditions are in draft form and are in addition to any required code provisions identified in this report. These conditions are specific to this project. DRAFT RECOMMENDED CONDITIONS OF APPROVAL 1. Flood Risks. The following recommended conditions of approval address flood hazard mitigation, flood risk notification, and indemnity for the Canyon Gate subdivision project. A. Prior to issuance of public infrastructure plan approval by the City, the following must occur: i. The flood hazard evaluation (FHE) report shall be sealed and certified by a professional engineer. The certification shall include a statement that the proposed 100-yr flood hazard mitigation plan is adequate to keep the proposed development reasonably safe from flooding and does not increase the identified existing risk of 100-yr flooding to other properties. ii. The design engineer shall certify that all proposed flood hazard mitigation improvements contained in the stormwater design report and stormwater infrastructure plans and specs are adequately sized to convey the relevant 100-year flood flows identified in the certified flood hazard evaluation report. iii. Offsite drainage easements shall be secured from all property owners along the 100-yr flood conveyance path identified in the certified FHE report between the offsite point of discharge of the proposed 100-yr flood routing pipeline and the offsite point of flood flow return to Bridger Creek. Alternatively, in lieu of drainage easements, the Applicant may provide a legal analysis, acceptable to the City Attorney, that drainage easements are not required under applicable state law and local ordinance. B. Prior to final plat approval, a notification provision shall be provided on the final plat ‘Conditions of Approval’ sheet notifying future property owners, in language approved by the City Attorney, that the subdivision is subject to 100-year flood hazards identified in the FHE that are not reflected in the official FEMA Flood Insurance Study (FIS) and Flood Insurance Rate Maps (FIRMs) effective April 21, 2021. The notification provision shall also state that that future revision of the official FEMA FIS and FIRMs may map portions of the development into the regulatory floodplain, potentially subjecting property owners of those areas to local floodplain regulations and federal flood insurance mandates. C. Prior to final plat approval, the Applicant shall sign a hold harmless and indemnity agreement, to be prepared by the City Attorney and filed with the Gallatin County Clerk & Recorder, acknowledging the risk of proceeding with development review 19 22264; Planning Board Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 12 of 30 applications prior to updated FEMA maps and agreeing to forever hold the City harmless and defend it against claims 2. BMC 38.220.060.12. Private Utility Services. Prior to Final Plat approval, the Applicant must provide documentation of responses from private utility companies that they reviewed the subdivision plat and that the plat can be provided with service, and the locations of private utilities have been coordinated with the locations of the proposed public utilities. 3. Standard Subdivision Conditions of Approval. Prior to Final Plat approval the Applicant shall add the following condition of approval to the Final Plat Sheet 3 Conditions of approval section: a. No crawl spaces or basements may be constructed. Sump pumps are not allowed to be connected to the sanitary sewer. Sump pumps are also not allowed to be connected to the drainage system unless capacity is designed into the drainage system to accept the pumped water. Water from sump pumps may not be discharged onto streets, such as into the curb and gutters where they may create a safety hazard for pedestrians and vehicles; b. All downstream water user facilities will not be impacted by this subdivision; c. All lot frontages are subject to a 10-foot wide front setback utility easement; d. If a utility easement is greater than the building setback required under Chapter 38 of the Bozeman Municipal Code (B.M.C.) said easement shall apply; e. The property owners association bears all responsibility of maintenance for the storm water facilities, storm water open space lots, pedestrian open space lots and street frontage landscaping for the perimeter streets. Maintenance responsibility must include, all vegetative ground cover, boulevard trees and irrigation systems in the public-right-of-way boulevard strips along all external perimeter development streets. The property owners association must be responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all perimeter street frontage landscaping and storm water facilities and all open space landscaping; and f. Lot access must be constructed to the standards set forth by the City of Bozeman Design Standards and Specifications, and per the city of Bozeman Modifications to the State Public Works Standard Specifications per BMC requirements. 4. Sidewalk Widths. Prior to Infrastructure approval and in cooperation with the Transportation Master Plan relevant to the Canyon Gate area, the City requests that, if permission is granted by the landowner and Gallatin County, the west side of Story 20 22264; Planning Board Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 13 of 30 Mill Road section include 10 ft. sidewalk width instead of the proposed 5 ft. width. The Applicant will need to submit updated design and street sections for review and approval with infrastructure approval submittal. 5. Street Trees. Prior to infrastructure approval the Applicant must revise their proposed landscaping plan along both Story Mill Road and Bridger Canyon Road to reduce the impact of street trees on vehicular sight visibility triangle distances. The Applicant must provide an updated landscaping plan to the City’s Transportation Division for review and approval prior to final plat submittal. 6. Sanitary Sewer Systems. a. Prior to engineering infrastructure approval of the Canyon Gate Subdivision, the Applicant must agree in writing to pay for the cost associated with an independent third-party analysis of the downstream sewer system serving the development. The analysis must quantify the downstream system's existing and future build-out capacity in relation to the proposed Canyon Gate development. The engineer retained to produce the independent third-party analysis must be acceptable to the City. b. If the City-required downstream sewer analysis, as identified in 6.a above, demonstrates that the subject development does not have adequate downstream sewer capacity in accordance with BMC 38.410.070 A, then identified downstream sewer improvements must be installed by the Applicant and formally accepted by the City prior to issuance of building permit or as otherwise specified per BMC 38.270.030. c. Prior to engineering infrastructure approval of the Canyon Gate Subdivision, if the Applicant proceeds with their proposal to divert upstream sewage from the East Gallatin River Drainage Basin (Headlands Subdivision Drainage Basin Section) as presented in their sewer report, then the Applicant must agree in writing to pay for the cost associated with an amendment to the City's on-going Wastewater Facility Planning effort. The amendment must incorporate the proposed upstream wastewater diversion, update the City's hydraulic model, and incorporate any findings in the analysis identified in 6.a above into the City's facility plan. 7. Parks Resources. a. Add note to final plat: Per 38.350.060 Bozeman Unified Development Code, fences located in the rear or side setback of properties adjoining any city linear park must have a maximum height of four feet. b. Install signage at the perimeter of the private parking lot where it is adjacent to a park indicating that snow storage is not allowed within the public park. Add a note to the final plat indicating that snow removal from park sidewalks that serve as primary egress from private lots is the responsibility of the Property Owners Association. Provide an exhibit of snow removal responsibility within the Park Master Plan. 21 22264; Planning Board Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 14 of 30 c. A preconstruction meeting with the Parks Division is required prior to any site work. Applicants must provide the most recent park plans and request a meeting at least 30 days prior to commencement of parkland construction. d. Prior to the City’s final acceptance of public park improvements or public street improvements, the applicant shall ensure that the City obtains ownership, free from any defects in title as determined by the City, of any irrigation water rights appurtenant to those City parks or City streets. e. If an exempt well is proposed to provide irrigation water supply for the development, a written determination from DNRC shall be provided prior to final site plan approval indicating that the proposed exempt water use is allowable under applicable state law governing the use of exempt wells. f. An irrigation system that is privately owned and maintained shall be entirely separate and discrete from an irrigation system that is City owned and maintained. g. Applicant to include this note on the final plat: Private utilities are not allowed within parkland unless otherwise approved by the Director of Parks and Recreation. SECTION 4 – CODE REQUIREMENTS 1. Sec. 38.100.080 – Compliance with regulations required. The Applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS The Development Review Committee (DRC) determined the application was sufficient for continued review and recommended approval with conditions on February 13, 2023. City Commission meeting will be held Tuesday, April 18, 2023 at 6:00 pm at 121 N Rouse in the City Commission chambers. Electronic access to the meeting may be available as outlined on the published agenda of the meeting. SECTION 6 – STAFF ANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis in this report is a summary of the completed review. Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC. In considering applications for subdivision approval under this title, the advisory boards and City Commission shall consider the following: 22 22264; Planning Board Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 15 of 30 1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and Platting Act The preliminary plat was prepared in accordance with the surveying and monumentation requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered in the State of Montana. As noted in the code requirements, the final plat must comply with State statute, Administrative Rules of Montana, and the Bozeman Municipal Code. 2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act The final plat must comply with the standards identified and referenced in the Bozeman Municipal Code. The subdivider is advised that unmet code provisions, or code provisions not specifically listed as a condition of approval, do not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law. Sections 3 and 4 of this report identify conditions and code provisions necessary to meet all municipal standards. The listed code requirements address necessary documentation and compliance with standards. Therefore, upon satisfaction of all conditions and code corrections the subdivision will comply with the subdivision regulations. Floodplain Impacts. Condition Number 1 addresses potential adverse floodplain impacts associated with the proposed subdivision. The mapped special flood hazard areas for Bridger Creek above Story Mill Road have not been updated by FEMA since its original detailed flood insurance study was completed in 1982. Substantial natural change, much of which is related to beaver activity, has occurred to the creek channel since that time. Significant manmade alterations near the mapped special flood hazard areas for Bridger Creek have also taken place over the ensuing 40+ years; notably, residential subdivision development. Despite these natural and manmade changes, FEMA’s currently effective FIRMs still reflect the Bridger Creek flood hazards that were identified and mapped in the early 1980s. Canyon Gate Subdivision flood hazard evaluation. The Canyon Gate project was required to prepare a flood hazard evaluation (FHE) to determine the nature of the existing flood hazard at the subject property. This is because the effective flood study and FIRMs for Bridger Creek are outdated and can no longer be confidently relied upon for flood risk identification and mitigation purposes. The FHE utilizes accurate and contemporary topographic LiDAR data along with advanced 2-D hydraulic modeling techniques to simulate the existing 100-year flood hazard for Bridger Creek with a much higher level of confidence. The FHE can be utilized to identify the existing flood risk at the subject property and flood mitigation infrastructure solutions intended to keep the development reasonably safe from flooding and ensure that flood risk to other properties is not increased as a result of the development. These policy concepts of risk 23 22264; Planning Board Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 16 of 30 identification, mitigation, and prevention of adverse effects to others are bedrock principles enshrined in the federal NFIP, state floodway and floodplain management act, and local floodplain regulations. Upcoming FEMA restudy & remapping of Bridger Creek special flood hazard area. In personal communications held December 1, 2022 with the Water Operations Bureau Chief at MT DNRC (responsible for overseeing the state’s floodplain mapping program, which occurs cooperatively with FEMA), the City learned that flood hazards associated with Bridger Creek are scheduled to be restudied and remapped by FEMA beginning 2025. Upon completion of the restudy effort, new FIRMs will be produced and become effective for regulatory purposes. In the intervening period, the FHE will be utilized for flood risk identification, mitigation, and to ensure no adverse effects to others as related to the subject development. The City advises Applicant that the FHE has not been completed to FEMA standards, so the Canyon Gate developer takes on risk that the upcoming FEMA study could conclude that flood risk persists despite mitigation measures installed to mitigate the flood risks identified in the FHE. Those flood risks, once officially effective for regulatory purposes, may impact the future development potential of the subject property, increase regulatory compliance costs, and/or mandate future property owners of the development purchase flood insurance. Private Utility Services. Condition No. 2 addresses the need to demonstrate that essential private utility services can be provided to the subdivision. Condition No. 3 requires standard conditions to be written on the Sheet 3 “Conditions of Approval” Sheet of the Final Plat. Condition No. 4 addresses the City’s Transportation Plan which seeks a 10 foot wide sidewalk along the west side of Story Mill Road instead of a 5 foot wide sidewalk. Condition No. 5 ensures that sight visibility triangles along Story Mill Road and Bridger Canyon Road are not reduced due to street tree plantings therein. Condition No. 6 addresses sanitary sewer service to the subdivision. An independent third party analysis of downstream sewer system serving the development is required. If this analysis demonstrates that the development does not have adequate downstream sewer capacity in accordance with BMC 38.410.070.A, then identified downstream sewer improvements must be installed and formally accepted by the City prior to issuance of building permits or as otherwise specified per BMC 38.270.030. Condition No. 7 addresses standard City Parks and Recreation policies related to parks dedicated to the City and lying within this subdivision. 24 22264; Planning Board Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 17 of 30 3) Compliance with the local subdivision review procedures provided for in Part 6 of the Montana Subdivision and Platting Act The Bozeman Planning Board public meeting and City Commission public hearing were properly noticed in accordance with the Bozeman Municipal Code. Based on the recommendation of the Development Review Committee (DRC) and other applicable review agencies, as well as any public testimony received on the matter, the City Commission will make the final decision on the subdivider’s request. The subdivider requested review of this subdivision under the terms of 76-3-616 MCA as authorized in 38.240.100. The Department of Community Development received a preliminary plat application on August 24, 2022. The DRC reviewed the preliminary plat application and determined the submittal did not contain detailed, supporting information that was sufficient to allow for the continued review of the proposed subdivision. A revised application was received on December 21, 2022 and again on January 31, 2023. The DRC determined the revised application was adequate for continued review on February 13, 2023 and recommended conditions of approval and code corrections for the staff report. The City scheduled public notice for this application for posting on the property and mailing to adjacent property owners on February 28, 2023 and again on March 17, 2023. Previous public comment is provided in a separate attachment. On March 28, 2023, this major subdivision preliminary plat staff report was completed and forwarded with a recommendation of conditional approval for consideration to the Planning Board. 4) Compliance with Chapter 38, BMC and other relevant regulations Community Development staff and the DRC reviewed the preliminary plat against all applicable regulations and the application complies with the BMC and all other relevant regulations with conditions and code corrections. This report includes Conditions of Approval and required code provisions as recommended by the DRC for consideration by the City Commission to complete the application processing for final plat approval. All municipal water and sewer facilities will conform to the regulations outlined by the Montana Department of Environmental Quality and the requirements of the Design Standards and Specifications Policy and the City of Bozeman Modifications to Montana Public Works Standard Specifications. 5) The provision of easements to and within the subdivision for the location and installation of any necessary utilities The final plat will provide and depict all necessary utilities and required utility easements. All easements, existing and proposed, must be accurately depicted and addressed on the final 25 22264; Planning Board Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 18 of 30 plat and in the final plat application. Public utilities are located within dedicated street right of ways. 6) The provision of legal and physical access to each parcel within the subdivision and the notation of that access on the applicable plat and any instrument transferring the parcel The final plat will provide legal and physical access to each parcel within the subdivision. All of the proposed lots will have frontage on public streets constructed to City standards with lot frontage meeting minimum standards as shown on the preliminary plat. 38.220.060 Documentation of compliance with adopted standards The Development Review Committee (DRC) completed a subdivision pre-application plan review on July 7, 2022 and no variances were requested. The Applicant requested concurrent construction of public infrastructure for the subdivision. Staff offers the following summary comments on the documents required with Article 38.220.060, BMC. 38.220.060.A.1 – Surface water There are no streams, irrigation ditches, or wetlands on the property. There are no alterations to water bodies proposed or required for the project. Due to concerns about the accuracy and age of the existing floodplain mapping of nearby Bridger Creek, the City of Bozeman Floodplain Administrator recommended that a Flood Hazard Evaluation be conducted as noted above and in Condition of Approval No. 1. The evaluation found that a 100-year flood of Bridger Creek inundates portions of the adjacent Legends Subdivision and Canyon Gate Subdivision, even though it is not identified by existing FEMA floodplain mapping. The historical flood path is shown on plan sheet C0.3 and Figure 3 above. 38.220.060.A.2 - Floodplain The mapped special flood hazard areas for Bridger Creek above Story Mill Road have not been updated by FEMA since its original detailed flood insurance study was completed in 1982. Substantial natural change, much of which is related to beaver activity, has occurred to the creek channel since that time. Significant manmade alterations near the mapped special flood hazard areas for Bridger Creek have also taken place over the ensuing 40+ years; notably, residential subdivision development. Despite these natural and manmade changes, FEMA’s currently effective FIRMs still only reflect the Bridger Creek flood hazards that were identified and mapped in the early 1980s. CANYON GATE FLOOD HAZARD EVALUATION The Canyon Gate project was required to prepare a flood hazard evaluation (FHE) to determine the nature of the existing flood hazard at the subject property. This is because the effective flood study and FIRMs for Bridger Creek are outdated and can no longer be 26 22264; Planning Board Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 19 of 30 confidently relied upon for flood risk identification and mitigation purposes. The FHE utilizes accurate and contemporary topographic LiDAR data along with advanced 2-D hydraulic modeling techniques to simulate the existing 100-year flood hazard for Bridger Creek with a much higher level of confidence. The FHE can be utilized to identify the existing flood risk at the subject property and flood mitigation infrastructure solutions intended to keep the development reasonably safe from flooding and ensure that flood risk to other properties is not increased as a result of the development. These policy concepts of risk identification, mitigation, and prevention of adverse effects to others are bedrock principles enshrined in the federal NFIP, state floodway and floodplain management act, and local floodplain regulations. UPCOMING FEMA RESTUDY & REMAPPING OF BRIDGER CREEK SPECIAL FLOOD HAZARD AREA In personal communications held December 1, 2022 with the Water Operations Bureau Chief at MT DNRC (responsible for overseeing the state’s floodplain mapping program, which occurs cooperatively with FEMA), the City learned that flood hazards associated with Bridger Creek are scheduled to be restudied and remapped by FEMA beginning 2025. Upon completion of the restudy effort, new FIRMs will be produced and become effective for regulatory purposes. In the intervening period, the FHE will be utilized for flood risk identification, mitigation, and to ensure no adverse effects to others as related to the subject development. The City advises the Applicant that the FHE has not been completed to FEMA standards, so the Canyon Gate developer takes on risk that the upcoming FEMA study could conclude that flood risk persists despite mitigation measures installed to mitigate the flood risks identified in the FHE. Those flood risks, once officially effective for regulatory purposes, may impact the future development potential of the subject property, increase regulatory compliance costs, and/or mandate future property owners of the development purchase flood insurance. See Condition of Approval No. 1. 38.220.060.A.3 – Groundwater. Groundwater monitoring was conducted as part of the geotechnical investigation. The results of the groundwater monitoring are provided in the Geotechnical Report. Groundwater monitoring was conducted at 9 monitoring wells from March 2022 to May 2022. The depth of groundwater ranged in depth from 7.7 feet to 17.6 feet. Groundwater is flowing to the west and is assumed to discharge to the East Gallatin River about ½ mile to the west. The range of groundwater depth encountered was largely due to the rolling topography of the site with some wells located at lower or higher relative locations. After site grading, high groundwater will more consistently be about 10 feet below the surface. The significant depth of groundwater will protect it from degradation. Additionally, stormwater will be treated and infiltrated back into the ground to maintain the existing groundwater hydrology. Lastly, City sewers will collect wastewater from the property. Condition of Approval No. 3.a prohibits crawl spaces or basements within any buildings within this subdivision without review and approval of a professional engineer licensed to practice in Montana and requires such notice to be placed in the Conditions of Approval Sheet of the final plat. 27 22264; Planning Board Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 20 of 30 38.220.060.A.4 - Geology, Soils and Slopes. A geotechnical investigation was conducted on the property. The Geotechnical Report did not find any geologic hazards on the property. The report found that “site conditions pose little risk to construction associated with the planned development.” Soils are suitable for conventional foundation and site development construction. Soil properties, borehole logs, and groundwater monitoring results are provided in the report. Site grading is expected to be typical of urban development and large cuts and fills are not proposed. In general, the rolling topography will be smoothed out to better accommodate roadway and building site grades, and the site will be slightly elevated to mitigate concerns from flooding in the adjacent Legends subdivision. 38.220.060.A.5 – Vegetation. The site is currently occupied by pasture grass and some trees. The existing tree locations are shown on plan sheet C0.3 and Figure 3 above. The property has been historically farmed, but is presently fallow and is surrounded by developed property. No critical plant communities requiring protective measures exist on the property. A Weed Management Plan has been submitted to the Gallatin County Weed Board and a copy of the plan is provided. 38.220.060.A.6 – Wildlife. The Canyon Gate site is surrounded by the City and subsequent development. According to the Gallatin County Growth Plan, the site is within the Urban Conservation area which is designated for development. Chapter 5 of the 2020 Community Plan states that “lands within the designated urban area are typically utilized for development purposes and will have a minor impact on wildlife habitat. […] The habitat needs of larger and/or predatory wildlife species such as deer, moose, bears, coyotes, or similar species will not be met within urban density development and will likely conflict with people. Therefore, these types of animals are found to be undesirable within the City boundaries.” The parkland and open space in the development may inevitably be used by wildlife of all types. The “green corridor” within the Site will likely connect the community to the surrounding parks and may continue to serve as a path for animal migration. No endangered species or species of concern use the area affected by the proposed subdivision, and there are no significant wildlife areas on the site to identify. The Site is not adjacent to public lands, hunting, or fishing areas; however, the subdivision will improve public access by connecting truncated streets, trails, and sidewalks to public parks and recreational areas (see Figure 4). The proposed 3.08-acre public parks and open space within the development are designed with an extensive trail system to safely connect public land throughout the surrounding Story Mill District. 38.220.060.A.7 – Agriculture. The property has been historically farmed, but is presently fallow and is surrounded by developed property. The site is currently occupied by pasture grass and is not actively used for agriculture. 38.220.060.A.8 - Agricultural Water User Facilities. There are no agricultural water user facilities on the property. 28 22264; Planning Board Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 21 of 30 38.220.060.A.9 - Water and Sewer. Engineering Reports for Water and Sewer are provided in the Documents. Sanitary Sewer Systems may need upgrading to service the subdivision as is noted in below in Condition of Approval 6 a, b, and c: a. Prior to engineering infrastructure approval of the Canyon Gate Subdivision, the Applicant must agree in writing to pay for the cost associated with an independent third-party analysis of the downstream sewer system serving the development. The analysis must quantify the downstream system's existing and future build-out capacity in relation to the proposed Canyon Gate development. The engineer retained to produce the independent third-party analysis must be acceptable to the City. b. If the City-required downstream sewer analysis, as identified in 6.a above, demonstrates that the subject development does not have adequate downstream sewer capacity in accordance with BMC 38.410.070 A, then identified downstream sewer improvements must be installed by the Applicant and formally accepted by the City prior to issuance of building permit or as otherwise specified per BMC 38.270.030. c. Prior to engineering infrastructure approval of the Canyon Gate Subdivision, if the Applicant proceeds with their proposal to divert upstream sewage from the East Gallatin River Drainage Basin (Headlands Subdivision Drainage Basin Section) as presented in their sewer report, then the Applicant must agree in writing to pay for the cost associated with an amendment to the City's on-going Wastewater Facility Planning effort. The amendment must incorporate the proposed upstream wastewater diversion, update the City's hydraulic model, and incorporate any findings in the analysis identified in 6.a above into the City's facility plan. New water and sewer mains will be extended in the proposed streets to serve the lots within the Canyon Gate subdivision. The proposed parks and open space will be irrigated with exempt well(s) and irrigation requirements are within the regulatory limits of an exempt water right. A confirmation letter from the DNRC is included in the Documents. Water rights for the subdivision lots will be provided by cash-in-lieu of water rights (CILWR) payments. Due to the large lots proposed, all future lot development will undergo a Site Plan review. The CILWR will be determined and paid upon the plan review and development of each lot. Concurrent construction of subdivision infrastructure and site development is proposed for the residentially zoned lots, to enable site plan and building permit reviews to proceed for the initial projects while subdivision infrastructure is being completed. 38.220.060.A.10 - Stormwater Management. Stormwater runoff will be mitigated for subdivision streets, parks, and open spaces. On-site stormwater mitigation will be provided for the development of each lot, at the time of lot development. Flood conveyance piping is also described in the Storm Drainage Engineer’s Report. 38.220.060.A.11 - Streets, Roads and Alleys. Canyon Gate is accessed by Bridger Canyon Road (Highway 86), Story Mill Road, and extensions of Spirit Crossing Lane and Maiden Spirit Street from the Legends Subdivision. A new north-south Lucy Lane will be provided on the east side of the subdivision. The City is currently improving the intersection of Bridger Canyon Road and Story Mill Road and installing a traffic signal. The subdivision 29 22264; Planning Board Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 22 of 30 improvements consist of dedicating rights-of-way (ROW) and widening Story Mill Road to a City Collector standard from Bridger Canyon Road to Boylan Road. Interior streets will be constructed to a 35’ wide local street standard within a 60’ ROW. Proposed street sections are provided on plan sheet C4.1. Bicycle lanes are provided on Story Mill Road. Ten-foot shared-use pathways are to be provided on the east side of Story Mill Road and the north side of Bridger Canyon Road. If the landowner and County approve, a ten foot wide shared- use pathway should be installed on the west side of Story Mill Road (see Condition of Approval No. 4). These pathways in conjunction with the internal park pathways will provide enhanced multi-modal connectivity between existing and proposed community parks and neighborhoods. All local streets proposed in the Canyon Gate subdivision include City Standard sidewalks on both sides of the street. Lot 1 of Block 5, at the intersection of Story Mill Road and Bridger Canyon Road, is proposed to be directly accessed from Bridger Canyon Road and Story Mill Road. This lot is proposed as a large, mixed-use lot. Additionally, shared access for Lots 1 and 2 of Block 1 is proposed from Story Mill Road. The suitability of these accesses is addressed in the Traffic Impact Study (TIS). Only minor modifications to existing streets are required. As mentioned previously, Story Mill Road will be improved to City Collector Standards. An existing approach continuing Weeping Rock Lane south of Boylan Road will be removed, since this street is not required to be extended. An existing approach on Bridger Canyon Road will be relocated to the west to serve Lot 1 of Block 5. Occasional street closures will be required during utility and street construction. All streets will be paved and gravel alleys are not proposed. Proposed streets will be City owned and maintained. Stormwater collection and mitigation will be provided for new subdivision streets and Story Mill Road. Stormwater will be treated and infiltrated in a sub-surface system located on the common open space Lot in Block 1. The property owner's association will maintain the stormwater mitigation system serving the City streets located on the common open space Lot in Block 1. The Traffic Impact Study (TIS) describes the traffic generation, capacity analysis and level of service, and any traffic calming required. The TIS demonstrates that all intersections and approaches will operate at a level of service “C” or better. Concurrent construction of subdivision infrastructure and site development is proposed for the residentially zoned lots, to enable site plan and building permit reviews to proceed for the initial projects while subdivision infrastructure is being completed. Reference the Concurrent Construction Plan addressing compliance with BMC Section 38.270. 38.220.060.A.12 – Non-Municipal Utilities. The subdivision plat has been provided to NorthWestern Energy, Yellowstone Fiber, Spectrum, and Century Link for review. To date, no response has been provided and Condition No. 2 requires proof from the private utilities that they can and will serve the subdivision. Canyon Gate is surrounded by existing development with multiple points of service from existing utilities. Non-municipal utilities will be located in 10’ wide utility easements running along all subdivision streets and lot frontages. To accommodate the widening of Story Mill Road, the existing overhead power 30 22264; Planning Board Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 23 of 30 line running along this street is proposed to be relocated underground in the new utility easement provided on the preliminary plat. The proposed utility easements outside of the City rights-of-way will reduce conflicts between municipal and non-municipal utilities. 38.220.060.A.13 - Land Use. Canyon Gate Subdivision consists of 24.14 acres to be subdivided into 11 lots, 3 parks, an open space lot, and a street right-of-way. The property has been recently annexed into the City of Bozeman and has four zoning designations: B-2M, REMU, R-5, and R-3. Three lots are proposed within the western B-2M zoning for mixed-use (residential above commercial space). Six lots adjacent to existing residential development are proposed within the R-3 zoning for medium-density residential. Two lots in the center of the property within the R-5 zoning are proposed for higher density residential. Two lots of REMU, designated as parkland, are situated between the mixed-use and residential areas. Parkland and open space will provide the subdivision and community with valuable trail connections and recreational spaces. The annexation agreement between the Applicant and the City further delineates land uses within the subdivision and development therein by establishing height and bulk limitations and the provision of income-restricted housing as follows: 31 22264; Planning Board Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 24 of 30 [Canyon Gate Declaration of Covenants, Conditions and Restrictions, recorded in Document No. 2774188 by the Gallatin County Clerk and Recorder on April 28, 2022.] These provisions will be reflected in any development within this subdivision. This annexation covenant is attached to this staff report. 38.220.060.A.14 - Parks and Recreation Facilities. According to the Applicant: “The Canyon Gate Park Master Plan was developed to create a pedestrian circulation pattern that invites residents and neighbors to move into and throughout the development. This is accomplished through a linear park system that runs east-west through the center of the site to connect parkland in adjacent neighborhoods to the M Trail, Story Mill Spur Trail, and Story Mill Community Park. The street layout was designed to minimize street crossings along the linear park and most of the neighborhood will have one or fewer crossings required to reach the major park amenities. The park system will have a playground, picnic shelter, seating, art, and a 10’ concrete path. The linear park system is supplemented by a planned north-south pedestrian corridor through the B2-M zoned parcels that connect the linear park trail to an open space parcel with a dog park and community garden that will have a public access easement. The project proposes 15.68 acres of residential area with 3.08 acres of public parks and open space. The project will provide a minimum of $256,367 in Improvement-In-Lieu. The subdivision dedicates parks or improvements-in-lieu up to 12 dwelling units/acre for all lots.” Condition of Approval No. 7 identifies requirements for the development and maintenance of park assets and facilities within this subdivision. 38.220.060.A.15 - Neighborhood Center Plan. The focal point of the subdivision is the linear park running east-west and south through the center of the development (see Figures 8, 9 and 10). This park is adjacent to neighborhood commercial and contains several park amenities. The park amenities include an extensive network of trails, a playground, and a picnic pavilion. This “green corridor” connects the residences in the Canyon Gate development to the adjacent neighborhoods. The parks’ district-wide connectivity lends itself to forming a neighborhood center. It is likely that neighborhood-serving commercial establishments within the B2-M zoned properties, such as a coffee shop or convenience store, will also serve as a neighborhood gathering space. 38.220.060.A.16 - Lighting Plan. All subdivision street lighting is proposed within the street right-of-way in accordance with the City’s lighting design standards. Street lighting will be provided for Story Mill Road and internal streets. Lighting is also proposed where pedestrian pathways cross streets in accordance with City standards. No lighting is proposed within subdivision parks and open spaces. Any lighting associated with future lot development will be reviewed for conformance with City standards at the time of lot development. 38.220.060.A.17 – Miscellaneous. a. Public Lands. The site is not adjacent to public lands, hunting, or fishing areas; however, the subdivision will increase public access to the site and the surrounding public lands by connecting truncated streets, trails, and sidewalks. The project will also include 3.08-acres of public parks and open space. 32 22264; Planning Board Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 25 of 30 b. Hazards. There are no hazards identified on or near this site. c. Wildlands-Urban Interface. The site is within the Wildlands-Urban Interface (WUI) and lists the site and nearby areas as having low-priority hazards. 38.220.060.A.19 - Affordable Housing. The Applicant states: “The owner recognizes the housing crisis in our valley and the lack of obtainable, workforce housing. In response, the owner has voluntarily offered to provide a minimum of 60 housing units within the R-5 zoning that are priced no greater than 120% of Area Median Income (AMI) at an interest rate of 3.5%. The management of the income- restricted housing units shall be administered by a community land trust or other entity acceptable to the City. Construction of the income-restricted housing will begin before the vertical construction within the B-2M zoning district and will complete all 60 units within 24 months after commencing construction. In addition to the effort above, the owner is proposing to develop a range of housing types that will provide variety in housing prices within the Bozeman housing market to better serve the needs of residents.” APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The subject property was given three zoning designations: B2-M, Community Business District—Mixed; R-3, Residential Medium Density District; and R-5, Residential Mixed Use High Density District. The intent of the B2-M district is to function as a vibrant mixed-use district that accommodates substantial growth and enhances the character of the City. The intent of the R-3 district is to provide for the development of one- to five-household residential structures near service facilities within the City. The intent of the R-5 district is to provide for high-density residential development through a variety of housing types within the City with associated service functions. The 24.14-acre Site, having the three zoning designations, combined, would meet the intent of each of the three zoning districts by providing neighborhood-serving commercial activities, a variety of housing types with a variety of densities within the 11 buildable lots. Furthermore, the annexation agreement (Project No. 21337) stipulates where the various types and densities of housing are to be situated within the subdivision (see Attachment B). Adopted Growth Policy Designation: The Site lies within two Future Land Use Map (FLUM) designation areas. The westernmost B2-M zoned lands lie within a Community Commercial Mixed Use designation and the remaining lands lie within a Residential Mixed Use designation. 33 22264; Planning Board Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 26 of 30 Table 4 of the Bozeman Community Plan 2020 shows the correlation between the Site’s future land use map designations and implementing zoning districts. The Site’s zoning designations are implementing zones for the two respective FLUM designations. This proposed subdivision is well-suited to implement the two FLUM designations by providing lots that will support a variety of housing types including two-household, four- household, housing over commercial space, and multi-household units in an existing developed residential area that is predominantly detached single-household units. The townhouse and multi-household lots will support construction of “missing middle” housing which is contemplated throughout the Bozeman Community Plan 2020 and is defined by the Plan as: “Missing middle housing is housing constructed in buildings which are of a size and design compatible in scale and form with detached individual homes. Example housing types include duplex, triplex, live-work, cottage housing, group living, row houses, townhouses, horizontally layered apartments, flats, and other similar configurations.” The growth policy encourages development to be walkable, which is defined in the Plan as: Walkable. A walkable area has: • A center, whether it’s a main street or a public space. • People: Enough people for businesses to flourish and for public transit to run frequently. • Parks and public space: Functional and pleasant public places to gather and play. • Pedestrian design: Buildings are close to the street, parking lots are relegated to the back. • Schools and workplaces: Close enough that walking to and from home to these destinations is realistic. • Complete streets: Streets designed for bicyclists, pedestrians, and transit. 34 22264; Planning Board Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 27 of 30 The New Canyon Gate Blvd, the extension of Maiden Spirit St. through the Site and the Public Parks A, B and C “green corridor” through the Site provide the “Center” of the subdivision. There is currently not enough population density to support Streamline transit to the neighborhood. The closest bus stop is the Blue Line at Walmart or the Brown Line at Rouse and Tamarack streets. There are trails and sidewalks situated throughout the Site to make for safe and effective pedestrian and bike travel within the Site. The Site is walkable and bikeable but travel outside the Site will require vehicular travel. The site has a Walk Score of 30 (car dependent) , a Transit score of 0 (no transit services), and a Bike Score of 43 (somewhat bikeable). Average walk score for the city as a whole is 48 out of 100. 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. This site is an undeveloped former farmland, surrounded by existing residential uses. Complimentary uses such as schools, parks, grocery stores, and employment opportunities 35 22264; Planning Board Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 28 of 30 are distant and require vehicle travel. There are no adopted development standards relating to the Walk Score. The proposed development is roughly 1/4 mile to Story Mill Park and about ½ mile to Glen Lake Rotary Park, which provide a variety of recreational opportunities. The closest grocery store is the Town and Country at Highland and Main streets which is approximately 2.3 miles from the Site. The two closest schools are the Hawthorne Elementary about 2 miles from the Site and Whittier Elementary approximately 2.3 miles from the Site. The proposed subdivision meets the following Bozeman Community Plan 2020 goals: N-1.1 Promote housing diversity, including missing middle housing. N-1.10 Increase connectivity between parks and neighborhoods through continued trail and sidewalk development. Prioritize closing gaps within the network. N-3.8 Promote the development of “Missing Middle” housing (townhouses, multi- household). In addition to those Community Plan policies that apply to this subdivision, the Applicant offers the following evaluation of the 2020 Bozeman Community Plan goals and policies, including: Goal N-1: Support well-planned, walkable neighborhoods. The development will connect streets and sidewalks that were truncated in anticipation of development. “The subdivision and parkland are designed to connect the Canyon Gate development to neighborhoods, schools, services, jobs, parks, and trails that will promote a walkable and bikeable community.” Goal N-2: Pursue simultaneous emergence of commercial nodes and residential development through diverse mechanisms in appropriate locations. “This residential development will have commercial nodes along the prominent intersection of Story Mill Road and Bridger Drive. In conjunction with the array of residential housing options, the commercial will create a focal point in the Story Mill District and serve the neighboring communities.” Goal N-3: Promote a diverse supply of quality housing units. “Canyon Gate will have a minimum of 60 workforce/”Missing Middle” housing in addition to a variety of housing types including, duplexes, fourplexes, and apartment buildings. The assortment creates a smooth transition between low and high- density mixed-use and is designed to improve the current housing crisis by providing variety and density in appropriate locations.” Goal N-4: Continue to encourage Bozeman’s sense of place. “This project proposes a commercial node within the Story Mill District to serve the surrounding community. The development will complement the nearby historic structures and contribute to the identity of the district by encouraging a commercial core along Story Mill Road leading to the historic mill.” 36 22264; Planning Board Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 29 of 30 Goal DCD-1: Support urban development within the City. “The site is surrounded by development and is located on a prominent corner within the Story Mill District. The property is currently underutilized and undeveloped. The proposed residential and mixed-use development is near a large network of trails and parks to support this infill project.” Goal DCD-2: Encourage growth throughout the City, while enhancing the pattern of community development, oriented on centers of employment and activity. Support an increase in development intensity within developed areas. “This infill project encourages a commercial hub, a variety of housing types, and a range of densities. This will form a center of employment and activity while encouraging continuity in adjacent areas of the district.” Please note that the recent Housing Departures Ordinance 2111 defined “Infill” as: “The development or redevelopment of vacant, abandoned, or underutilized properties within or wholly surrounded by the City, and where water, sewer, streets, and fire protection have already been developed and are provided. Infill is development proposed or located within land that has been subdivided for at least 35 years.” Since this Site is a recently annexed and zoned fallow farmland unsubdivided Tract of land, it does not qualify as an “infill” site and, therefore, this staff analysis does not describe it as such. Goal DCD-3: Ensure multimodal connectivity within the City. “The increased development in this area is currently spurring the expansion of public transportation services. The development will extend truncated streets and sidewalks to create a continuous network of biking and walking trails and form a community that fosters walkability. This multimodal community will be strengthened by the proposed commercial node and increased residential density.” APPENDIX B – DETAILED PROJECT DESCRIPTION Project Background and Description A preliminary plat application was submitted by the Applicant, Canyon Gate Investors, LLC, 111 W. Lamme Street, Suite 101, Bozeman, MT 59715 for a major subdivision of a 24.14 acre Tract to create 15 lots consisting of 3 mixed commercial and multi-household residential lots zoned B2-M; 2 two-household residential lots zoned R-3; 2 multi-household residential lots zoned R-5; 4 four-household residential lots zoned R-3; 3 park lots; and 1 open space lot; along with dedicated streets rights-of-way. APPENDIX C – NOTICING AND PUBLIC COMMENT The attached Year 2022 comments are related to the annexation application which contained a concept plan for the new development of the property. Those Year 2022 public comments on the annexation concept plan are provided in a separate document attachment to this staff report entitled “22264 Canyon Gate compiled public comment”. 37 22264; Planning Board Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 30 of 30 Public notice for the Preliminary Plat began 2/28/23 and again on 3/17/23. Notice for this subdivision preliminary plat was provided twice as the first notice had an error in the Site map. A second, corrected notice was conducted, beginning March 17, 2023 to April 18, 2023. This is at least 15 and not more than 45 days prior to the close of the public comment period/April 18 City Commission public hearing per BMC 38.220.420. The City scheduled the corrected public notice for this application on March 17, 2023 with the Applicant posing public notice on the subject property on that same date as well as mailing public notice to physically adjacent landowners via certified mail, and to all other landowners of record within 200-feet of the subject property via first class mail. Year 2023, to date, public comments are found via the following link: https://weblink.bozeman.net/WebLink/Browse.aspx?id=273210&dbid=0&repo=BOZEMAN&cr =1 APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF Owner: Canyon Gate Investors, LLC, 111 W. Lamme Street, Suite 101, Bozeman, MT 59715 Representative: Brooke Perrelli, SMA, 428 E. Mendenhall Street, Bozeman, MT 59715 Report By: Susana Montana, Senior Planner FISCAL EFFECTS Fiscal impacts are undetermined at this time but will include increased property tax revenues from new development, along with increased costs to provide municipal services to the property. ATTACHMENTS The full application and file of record can be viewed digitally at https://weblink.bozeman.net/WebLink/Browse.aspx?startid=264157&cr=1 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 Originalto: CityofBozeman %ªx 2774188 Bozeman,MT59771-1230 ÊÜ se.Na _c!ÎÍÎÎ u t s ll||||1E||l111||||||l1|||l|||||||||111|||15|||||l!I|||||||l11115|l||||||| CANYON GATE DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS This Declarationismade thisL day of ri \,2022 by Canyon Gate Investors,LLC,of 111 W.Lamme Street,Suite 101,Bozeman,MT 59715,hereinreferredto as "Declarant." RECITALS A.Declarantowns certainrealpropertylocatedin GallatinCounty,Montana,and more particularlydescribedas follows: A descriptionof land being the SE ¼of Section31 and the SW ¼of Section32, Township 1 South,Range 6 East,PrincipalMeridian Montana,GallatinCounty, Montana. Beginning ata point(P.O.B),which isthe Northwest Corner of saidCOS No.2408 and a point on the N/S linebetween Sections31 and 32 of said Township and Range and the centerlineof Story Mill Road. thence,S 88°15'30"E,along the south boundary of Legends at Bridger Creek Subdivision and thenorth boundary of saidTract 7B,a distanceof 1314.68 feettoa pointbeing theNortheastcorner of saidTract7B; thence,along the east lineof Tract 7B,also the West lineof Legends atBridger Creek SubdivisionII,Phase 1,S 00°06'32"W,a distanceof 650.92 feetto a point on saidline; thence,along saidlines,S Ol°47'33"W,a distanceof 62.90 feetto a point being the SE cornerof saidTract7B;] Canyon Gate Declarationof Covenants,Conditionsand Restrictions 1 62 thence,N 88°19'21"W,along the North Line of MT.Baldy Subdivisionand the South lineof saidTract 7B,a distanceof 817.12 feetto the NE cornerof the West 33.34 feetof Lot 45 of the MT.Baldy subdivision; thence,S Ol°44'26"W,along the eastlineof saidLot,a distanceof 260.01 feetto a point; thence,N 88°17'19"W,a distanceof 491.61 feetto a point on the linebetween saidSections31 and 32 (aka the centerlineof StoryMill Road); thence,leavingsaidsectionlineand along theNorth ROW of Bridger Drive being the South boundary of Tract A of COS 1815,N 88°30'52"E,a distanceof 40.01 feeta pointatthe intersectionof saidROW,South Line and the West 40'ROW of saidStory Mill Road; thence,leavingsaidBridger Drive ROW and continuingN 00°18'18"E,a distance of 321.05 feetalong said West ROW of Story Mill Road and through Tract A of COS 1518 to a pointbeing the saidWest ROW and the Southeast ROW corner of TractD of the Osborne Subdivision; thence along saidWest ROW of Story Mill Road and along the East boundary line of TractsA,B,C and D of saidOsborne Subdivision,N 00°18'18"E,a distanceof 652.19 feetto a point being the NE cornerof saidTract A of said subdivisionand the intersectionof the West ROW of Story Mill Road and the south ROW of Boylan Road; thence along said south ROW,N 88°53'53"E,a distanceof 40.01 feetto the P.O.B. Said areabeing 1,107,450 square feetor 25.42 acres more or less,along with and subject to alleasements of record and allas depictedon the attachedExhibitA (the"Canyon Gate Annexation Property." B.As a conditionof approvalforthe annexation oftheCanyon Gate Annexation Property,City ofBozeman applicationnumber 21-337,the City of Bozeman requiredthe Declaranttorecorda covenant running with the landpursuant to the terms of the Canyon Gate Annexation Agreement;and C.To satisfytherequirement of the Canyon Gate Annexation Agreement,the Declarantdesirestoplacebeneficialcovenants,conditionsand restrictionsupon the Canyon Gate Annexation Propertyfortheuse and benefitof Declarantand forthe use,benefitand protectionof the futureowners thereofand the City of Bozeman. NOW,THEREFORE,Declaranthereby declaresthatallthepropertywithintheCanyon Gate Annexation Propertyas describedabove shallbe held,sold,and conveyed subjecttothe followingCOVENANTS,CONDITIONS and RESTRICTIONS,allofwhich are forthe purpose of enhancing and protectingthe value,desirability,and attractivenessofthe realpropertyby providing a reasonablyuniform plan for itsdevelopment as a desirabledevelopment.These Covenants,Conditionsand Restrictionsshallrun with the realpropertyand shallbe binding upon allowners thereof,and shallinuretothe benefitof and be binding upon each successorin interestto the owner thereof. Canyon Gate Declarationof Covenants,Conditionsand Restrictions 2 63 L Height and Bulk Limitations.In orderto advance thegoalsof the Bozeman Community Plan 2020,Theme 2,notwithstandingany provisionto the contraryas setforthinthe City'sregulationsforitszoning districts,withinthe Canyon Gate Annexation Property,and as depictedon theCanyon Gate Annexation Zone Map Amendment,Ordinance 2099: A)except forthespecificbuildingheightlimitationsinsubsectionC,the maximum heightof structureslocatedwithin the entireprojectislimitedto a maximum of 50 feetor 4 stories,whichever isgreater; B)thebuildingfootprintof each buildingwithintheB-2M zoning districtislimitedto a maximum of 25,000 square feetper building;and C)buildingswithin thenorthern 100 feetof the B-2M zoning districtshallbe limitedto residentialpurposes only and limitedto a maximum heightof 36 feetforstructureswith a flat roof and a maximum heightof 46 feetforstructureswith a pitchedroof. 2.Provision of Income RestrictedHousing.In ordertoadvance the goalsof the Bozeman Community Plan 2020,Declarant agreestoprovide withintheR-5 zoning areawithin the Canyon Gate Annexation Property,a minimum of 60 housing unitsthatarepricedno greater than 120%of Area Median Income atan interestrateof 3.5%perthematrix setforthinExhibit B.As determined by the City,a one person household includesstudios,two person household includesone bedroom units,a threeperson household includestwo bedroom units,and four person household includesthreebedroom units.The saleand management of the income restrictedhousing unitsshallbe administeredby a community land trustor otherentity acceptabletotheCity.Declarantshallbegin constructionof the income restrictedhousing prior to any verticalconstructionwithinthe B2M zoning districtand shallcomplete all60 unitswithin 24 months aftercommencing construction. 3.Duration.The covenants,conditions,and restrictionsof thisDeclarationshallrun with and bind the land inperpetuityand shallinuretothe benefitof Declarant,each owner of property,the City of Bozeman,and theirrespectivelegalrepresentatives,heirs,successors,or assigns,subjecttothe rightof amendment provided inthisArticle. 4.Amendment. A)This Declarationmay be amended upon the writtenapproval of thepropertyOwners comprising fifty-one(51)percentof the area of thenon-publicrealpropertywithintheCanyon Gate Annexation Property;provided,however,thatany amendment isprohibitedwithoutthe consentand approvalof theCity of Bozeman;or B)As the primary beneficiaryof thiscovenant,thisdeclarationmay unilaterallybe releasedinwhole orpartby the City of Bozeman after15 calendardays'noticeto theOwners of propertywithintheCanyon Gate Annexation Property.The City must determine the form of notice. C)Any amendment shallbecome effectiveonly upon the filingof such amendment in the recordsofthe Clerk and Recorder of GallatinCounty,Montana. 5.Enforcement.The Declarant,the City ofBozeman,or any owner of real propertywithintheCanyon Gate Annexation Property may take actionto enforcetheprovisions of thisDeclaration.Enforcement may be by injunction,declaratoryjudgment,actionfor Canyon Gate Declarationof Covenants,Conditionsand Restrictions 3 64 damages,or any otherlegalclaims,allof which shallbe cumulative and non-exclusive.The prevailingpartyinany actionshallbe entitledto recover,inadditionto otherdamages,its reasonablelitigationexpenses,includingattorney'sfees,as may be awarded inthejudgment of the court. 6.Severability.Invalidationof any one of thesecovenants or restrictionsby judgment or courtorder shallinno way affectany otherprovisions,which shallremain infull forceand effect. IN WITNESS WHEREOF theDECLARANT has signed thisinstrumentand arranged for itsrecordationintherealpropertyrecordsof GallatinCounty,Montana. LANDOWNER CANYON GATE INVESTORS,LLC a Montana limitedliabilitycompany By:CANYON GATE PARTNERS,LLC a Montana limitedliabilitycompany,its Managing Member By:Andrew Holloran,Manager STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On thisa3 day of %cc i .,202a_,beforeme,theundersigned,a Notary Publicforthe StateofMontana,personallyappeared Andrew Holloran,as Manager of Canyon Gate Partners,LLC,the Managing Member of Canyon Gate Investors,LLC,known to me to be the landowner thatexecuted the within instrument,and acknowledged tome thatthey executed thesame forand on behalfof landowner. IN WITNESS WHEREOF,Ihave hereunto setmy hand and affixedmy officialsealthe day and year firstabove written. LAUREN J CUMMINGS NotaryPublic fortheStateofMontana Residingat:.SEAL.* Bozernan,Montana My CommissionExpires: September04,2023 u Ic teof Montana Canyon Gate Declarationof Covenants,Conditions and Restrictions 4 65 CITY OF BOZEMAN J f Mihelich,ityManager ATTEST:'o . City Clerk STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On this Ñ day of ,2022.,beforeme,a Notary Public forthe stateof Montana,personallyappeared JeffMihelich and Mike Maas,known tome tothe persons describedin and who executed the foregoinginstrumentas City Manager and City Clerk respectively,of theCity of Bozeman,whose names aresubscribedtothe within instrumentand acknowledged tome thatthey executed the same forand on behalfof saidCity. IN WITNESS WHEREOF,I have hereunto setmy hand and affixedmy officialsealthe day and year firstabove written. (SEAL) Not ¯aryP licfortheMate of Montana TAYLOR CHAMBERS7.£v.·..s NotaryPublic OTAR/4/.OfortheStateofMontana ResidinOat:SEAI Bozernan,Montana My CommissionExpires: January12,2025 Canyon Gate Declarationof Covenants,Conditions and Restrictions -5 - 66 Memorandum REPORT TO:Community Development Board FROM:Elizabeth Cramblet, Associate Planner Chris Saunders, Community Development Manager Erin George, Deputy Director of Community Development Anna Bentley, Director of Community Development SUBJECT:Annexation Application 22383 Requesting Annexation of Approximately 20.515 Acres and Adjacent Right of Way for Fowler Lane and Amendment to the City Zoning Map for the Establishment of a Zoning Designation of R-4 (Residential High Density District). Approximately 700 feet South of the Intersection of Stucky Road and Fowler Lane, Application 22383 MEETING DATE:April 3, 2023 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 22383 and move to recommend approval of the 4840 Fowler Lane Zone Map Amendment, with contingencies required to complete the application processing. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:The applicant and property owner seek to annex one parcel totaling approximately 20.515 acres into the City limits and establish an initial zoning of R-4, Residential High Density district. The property is currently zoned, Agriculture Suburban, (AS) within the county. The same AS County zoning is also to the north, south and west. Nearby municipal zoning to the east and southeast is R-4, Residential High Density, R-5, Residential Mixed Use High Density, and R-3, Residential Medium Density district. The Future Land Use Map in the Bozeman Community Plan (BCP) 2020 designates the property as Urban Neighborhood which includes the R-4 district as an implementing zoning district. The property is bordered by Fowler Lane to the west (a Bozeman classified minor arterial street), and Stucky Road to the north, (a Bozeman classified collector street). The proposed annexation would bring in additional right of way to build out Fowler Lane to the City's collector standard adjacent to the subject property as would be required with future development. 67 There is currently an existing single household dwelling with associated outbuildings and a septic system on the parcel. The property is surrounded to the north and west with rural residential uses, and vacant land directly south and east of the parcel. Southeast of the site has active construction of existing and future residential uses at the Gran Cielo subdivision. Application materials can be viewed on the City's development map at the following link. Application Materials UNRESOLVED ISSUES:There are no identified conflicts on this application at this time. ALTERNATIVES:1. Recommend approval of the application; 2. Recommend modifications to the requested zoning; 3. Recommend deny the application based on 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. FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Annexation or Zone Map Amendment. Attachments: 22383 4840 Fowler Ln Annx-ZMA CDB SR.pdf Report compiled on: March 27, 2023 68 Page 1 of 33 22383 Staff Report for the 4840 Fowler Lane Annexation and ZMA Public Hearing Dates: Zoning Commission – April 3, 2023 City Commission - April 25, 2023 Project Description: Annexation application 22383 requesting annexation of approximately 20.515 acres and adjacent right of way for Fowler Lane and amendment to the City Zoning Map for the establishment of a zoning designation of R-4 (Residential High Density District). Project Location: South of the intersection of Stucky Road and Fowler Lane and legally described as a tract of land being Tract 2 of COS 1996 located in the Northwest One- Quarter of Section 23, Township 2 South, Range 5 East, Principal Meridian, Gallatin County, Montana. Recommendation: Meets standards for approval with terms of annexation and contingencies. Recommended Zoning Commission Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 22383 and move to recommend approval of the 4840 Fowler Lane 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 22383 and move to approve the 4840 Fowler Lane Annexation subject to the terms of annexation and direct staff to prepare an annexation agreement. Recommended City Commission Zoning Motion: Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 22383 and move to approve the 4840 Fowler Lane Zone Map Amendment with contingencies of approval necessary to complete adoption of an implementing ordinance. Report: March 28, 2023 Staff Contact: Elizabeth Cramblet, Associate Planner Lance Lehigh, Engineer III Agenda Item Type: Action - Legislative 69 Staff Report for the 4840 Fowler Ln Annexation and ZMA, Application 22383 Page 2 of 33 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=270068. Unresolved Issues There are no identified conflicts on this application at this time. Project Summary The applicant and property owner seek to annex one parcel totaling approximately 20.515 acres into the City limits and establish initial zoning of R-4, Residential High Density district. The property is currently zoned “Agriculture Suburban” (AS) within the county. The same AS County zoning is also to the north, south and west. Nearby municipal zoning to the east and southeast is R-4, Residential High Density, R-5, Residential Mixed Use High Density, and R-3, Residential Medium Density district. The Future Land Use Map in the Bozeman Community Plan (BCP) 2020 designates the property as “Urban Neighborhood” which includes the R-4 district as an implementing zoning district. The property is bordered by Fowler Lane to the west (a Bozeman classified minor arterial street), and Stucky Road to the north, (a Bozeman classified collector). The proposed annexation would bring in additional right of way to build out Fowler Lane to the City’s collector standard adjacent to the subject property as would be required with future development. There is currently an existing single household dwelling with associated outbuildings and a septic system on the parcel. The property is surrounded to the north and west with rural residential uses, and vacant land directly south and east of the parcel. Southeast of the site has active construction of existing and future residential uses at the Gran Cielo subdivision. 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. Alternatives 1. Recommend approval of the application; 2. Recommend modifications to the requested zoning; 3. Recommend deny the application based on findings of non-compliance with the applicable criteria contained within the staff report; or 70 Staff Report for the 4840 Fowler Ln Annexation and ZMA, Application 22383 Page 3 of 33 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. TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 2 Unresolved Issues ............................................................................................................... 2 Project Summary ................................................................................................................. 2 Alternatives ......................................................................................................................... 2 SECTION 1 - MAP SERIES: ................................................................................................... 3 SECTION 2 - RECOMMENDED TERMS OF ANNEXATION ............................................ 8 SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT... 11 SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 11 Annexation ........................................................................................................................ 11 Zone Map Amendment ..................................................................................................... 11 SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS ................................ 12 SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ........... 20 PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 27 APPENDIX A - NOTICING AND PUBLIC COMMENT .................................................... 27 APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 28 APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF ............................ 30 APPENDIX D – ADVISORY COMMENTS......................................................................... 30 FISCAL EFFECTS ................................................................................................................. 32 ATTACHMENTS ................................................................................................................... 32 SECTION 1 - MAP SERIES: 71 Staff Report for the 4840 Fowler Ln Annexation and ZMA, Application 22383 Page 4 of 33 Map 1: Project Vicinity Map Stucky Road Fowler Lane 72 Staff Report for the 4840 Fowler Ln Annexation and ZMA, Application 22383 Page 5 of 33 Map 2: BCP 2020 Future Land Use Map Subject Property Urban Neighborhood Community Commercial Mixed Use Residential Mixed Use Public Institutions 73 Staff Report for the 4840 Fowler Ln Annexation and ZMA, Application 22383 Page 6 of 33 Map 3: Existing City Zoning Subject Property 74 Staff Report for the 4840 Fowler Ln Annexation and ZMA, Application 22383 Page 7 of 33 Map 4: Existing County Zoning (grey is city area) Subject Property Agriculture Suburban City Zoning Res. Office 75 Staff Report for the 4840 Fowler Ln Annexation and ZMA, Application 22383 Page 8 of 33 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 4840 Fowler Lane Annexation. 2. An Annexation Map, titled 4840 Fowler Lane Annexation Map with a legal description of the property and including any adjoining un-annexed rights-of-way and/or street access easements for Fowler Lane 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 Engineer’s 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 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. 4. The Annexation Agreement must include the following notices: a. The Annexation Agreement must include notice that, prior to development, the applicant will be responsible for preparing a storm water master plan in conjunction with future development. The storm water master plan shall address maintenance and operations until and unless the City affirmatively assumes responsibility for maintenance and operations of stormwater facilities within the area of the annexation. b. The Annexation Agreement must include notice the City will, upon annexation, make available to the Property existing City services only to the extent currently available, or as provided in the Agreement. c. The Annexation Agreement must include notice that, prior to future final development approval, the applicant will be responsible for transfer of water rights or a payment in lieu as required by the Bozeman Municipal Code. d. The Annexation Agreement must include notice that there is no right, either granted or implied, for Landowner to further develop any of the Property until it is verified by the City that the necessary municipal services are available to the property. e. The Annexation Agreement must include notice that, prior to development, the applicant will be responsible for installing any facilities required to provide full municipal services to the properties in accordance with the City of Bozeman's infrastructure master plans and all City policies that may be in effect at the time of development. 76 Staff Report for the 4840 Fowler Ln Annexation and ZMA, Application 22383 Page 9 of 33 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. 5. 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. The applicant must properly abandon the existing on-site septic tank and leach field prior to connection to the City sanitary sewer system. The applicant must report the abandonment to the City Water and Sewer Superintendent for inspection, and the applicant must report the abandonment to the Gallatin County Health Department. In addition to abandonment of the septic tank and leach field, the applicant must demonstrate that the sanitary sewer service to the septic tank has been completely disconnected from the old septic system prior to connection to the City sanitary sewer system. 7. The applicant must completely disconnect the on-site well from the house prior to connection to the City water system to protect the City’s system from cross contamination. The applicant must contact the City Water and Sewer Superintendent to inspect the disconnection prior to connection of water service from future development to the City water system. 8. 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 as part of the Annexation Agreement: a. Street improvements to S. 27th Avenue between Stucky Road and Blackwood Road including lighting, signalization, paving, storm/gutter, sidewalk, and storm drainage, b. Street improvements to Stucky Road between Fowler Lane and South 19th Avenue including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage, c. Street improvements to West Graf Street between Fowler Lane to South 19th Avenue including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage, d. Street improvements to Fowler Lane between Blackwood Road and Stucky Road including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. 77 Staff Report for the 4840 Fowler Ln Annexation and ZMA, Application 22383 Page 10 of 33 e. Intersection improvements at South 27th Avenue and West Graf Street including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. f. Intersection improvements at Fowler Lane and West Graf Street including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage, g. Intersection improvements at West Graf Street and South 19th Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage, h. Intersection improvements to Fowler Lane and Stucky Road including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage, i. Intersection improvements to Fowler Lane and Stucky Road including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage, j. Intersection improvements to Fowler Lane and Blackwood Road including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the 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 prior to the adoption of Resolution of Annexation. 9. Fowler Lane is classified as a Minor Arterial in the Bozeman Transportation Master Plan (TMP), which has a minimum right-of-way ROW width of (100) feet. The applicant must provide their respective Fowler Lane ROW (50 feet) from the centerline of the existing ROW as a public street and utility easement where Fowler is adjacent to the property prior to the adoption of Resolution of Annexation. 10. No water rights or a cash-in-lieu of water rights will be required with this annexation. Upon future development, compliance with the water adequacy is required. 11. 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 herein. 78 Staff Report for the 4840 Fowler Ln Annexation and ZMA, Application 22383 Page 11 of 33 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 4840 Fowler Lane Annexation 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 for Fowler Lane, and total acreage of the property. 2. 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. 3. That all documents and exhibits necessary to establish the amended municipal zoning designation of R-4 (Residential High Density) shall be identified as the 4840 Fowler Lane Annexation Zone Map Amendment. 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. SECTION 4 - 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 April 25, 2023. The meeting will begin at 6 p.m. Instructions on joining the meeting will be included on the meeting agenda. Zone Map Amendment Having considered the criteria established for a zone map amendment, the Staff 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 22383. 79 Staff Report for the 4840 Fowler Ln Annexation and ZMA, Application 22383 Page 12 of 33 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 April 3, 2023 and will forward a recommendation to the Commission on the Zone Map amendment. The meeting will begin at 6 p.m. Instructions on joining the meeting will be included on the meeting agenda. The City Commission will hold a public hearing on the zone map amendment on April 25, 2023. The meeting will begin at 6 p.m. Instructions on joining the meeting will be included on the meeting agenda. SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS In considering applications for approval of the requested annexation, the advisory boards and City Commission shall consider the following: 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 Met. The property in question is contiguous to the City limits on the east over 650 lineal feet. Goal 2: The City encourages all areas that are totally surrounded by the City to annex. Neutral. The subject property is not surrounded in its entirety. 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 currently occupied. It is not currently contracting with the City for water, sewer or fire protection services. Future development will be required to connect with City 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. Future proposed developments will be required to utilize municipal water or sewer systems as discussed in Recommended Terms of Annexation #4 above. The 80 Staff Report for the 4840 Fowler Ln Annexation and ZMA, Application 22383 Page 13 of 33 location of existing sewer and water services is shown on the two maps below. Existing sewer lines are located at Gran Cielo subdivision about 150 feet from the southeast corner of the subject site and main water lines are stubbed at the corner. Both services are planned for future expansion that will include the 4840 Fowler Ave property. Map of wastewater collection system (dark green) within the city 81 Staff Report for the 4840 Fowler Ln Annexation and ZMA, Application 22383 Page 14 of 33 Map of water distribution system (blue) within the city 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 is physically contiguous to the City on the east and will create a peninsula to the west. However, one property to the south (Buffalo Run) has recently acquired site plan approval to develop and the parcel above it has an application to annex (Gran Cielo II). Combined with these two applications, this annexation will not create an annexation island. 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 additional right of way for Fowler Lane to the west which is designated by the City as a minor arterial. Easements or future easements for Fowler Lane are required by the terms of annexation (see Terms of Annexation 9 above). 82 Staff Report for the 4840 Fowler Ln Annexation and ZMA, Application 22383 Page 15 of 33 Although the improvements will not happen at the time of annexation, future development will be required to install these improvements as their frontage requirements. Upon future development, Fowler Lane will need to be constructed to the City’s adopted standards adjacent to the subject property. Future development within the annexing area will create a local street network to provide local services and will also provide connections back to the existing street network to the east through Bennet Boulevard. 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 Met. The subject property is approximately 20 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 requires evaluation of water adequacy and provision of water if needed at time of development. The municipal code section requires water rights or an equivalent to be provided. Exact timing and amounts will be evaluated during development review. There are several methods to address the requirements of 38.410.130. The annexation agreement will provide notice of this requirement, see Recommended Terms of Annexation #10. 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. Any future development will be required to connect to the City systems. Per Term of Annexation 4, the Annexation Agreement required to finalize the annexation requires 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 83 Staff Report for the 4840 Fowler Ln Annexation and ZMA, Application 22383 Page 16 of 33 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, additional right of way is being included for Fowler Lane. The Recommended Terms of Annexation include requirements for this right of way provision. See Terms of Annexation 9. 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-4. 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 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 City Zoning Commission will review the requested zoning district designation on April 3, 2023. The Community Development Board’s recommendation, acting in their capacity as the Zoning Commission, will be passed along to the City Commission for review and consideration along with the annexation request on April 25, 2023. 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-4, Residential High Density district. See Section 6 of this report for analysis of the requested zoning. Policy 6: Fees for annexation processing will be established by the City Commission. 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 84 Staff Report for the 4840 Fowler Ln Annexation and ZMA, Application 22383 Page 17 of 33 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 on the west by Fowler Lane which is a minor arterial street. It is currently not paved, however, upon future development, Fowler Lane will need to be constructed to the City’s standards adjacent to 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 10 requires notice of this requirement to be part of the annexation agreement. Satisfaction of this requirement will occur with future development. Policy 9: Infrastructure and emergency services for an area proposed for annexation will be reviewed for the health, safety and welfare of the public and conformance with the City’s adopted facility plans. If the City determines adequate services cannot be provided to ensure public health, safety and welfare, the City may require the property owner to provide a written plan for accommodation of these services, or the City may reject the petition for annexation. Additionally, the parcel to be annexed may only be provided sanitary sewer service via the applicable drainage basin defined in the City Wastewater Collection Facilities Plan. Criterion Met. The area proposed for annexation is adjacent to the City. City infrastructure and emergency services can be extended to the subject property. The property is located adjacent to existing service areas of the Hyalite Fire District. The property is located near the City’s water and sewer service areas. Expansion of municipal utility and park facilities to serve the development will occur during the development process. As noted above, the annexation agreement will require future development to meet municipal standards. Present emergency services are provided by Hyalite Fire District and the Gallatin County Sherriff. No comments on the annexation have been received. 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 85 Staff Report for the 4840 Fowler Ln Annexation and ZMA, Application 22383 Page 18 of 33 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. Currently there is an existing single family dwelling with outhouses serviced by an existing septic system. City services are not currently being provided to this property. Future development will be required to hook up to City services and the owner will need to abandon the existing septic and well (see Terms of Annexation 4, 6 and 7). This annexation is not a result of an emergency condition requiring connection. 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 Transportation and Engineering 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 and therefore cannot be described solely by reference to platted lands. 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. 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 required. See Appendix A for more details. 86 Staff Report for the 4840 Fowler Ln Annexation and ZMA, Application 22383 Page 19 of 33 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. 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 and zoning application information. Policy 18: The City will require connection to and use of all City services upon development of annexed properties. The City may establish a fixed time frame for connection to municipal utilities. Upon development, unless otherwise approved by the City, septic systems must be properly abandoned and the development connected to the City sanitary sewer system. Upon development, unless otherwise approved by the City, water wells on the subject property may be used for irrigation, but any potable uses must be supplied from the City water distribution system and any wells disconnected from structures. The property owner must contact the City Water and Sewer Superintendent to verify disconnects of wells and septic systems. Criterion Met. Terms of annexation 6 and 7 requires full compliance with this policy. There is an existing home onsite. If approved and prior to any new development, all septic systems and water use for human consumption will be severed and abandoned. All future development will be required to connect to city services. 87 Staff Report for the 4840 Fowler Ln Annexation and ZMA, Application 22383 Page 20 of 33 SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications for 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 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.” 88 Staff Report for the 4840 Fowler Ln Annexation and ZMA, Application 22383 Page 21 of 33 “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-4 district is an implementing district of the Urban Neighborhood category. 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 89 Staff Report for the 4840 Fowler Ln Annexation and ZMA, Application 22383 Page 22 of 33 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. It is inconsistent with this approach to zone at annexation for lower intensities than what infrastructure and planning documents will support. This policy approach does not specify any individual district but does lean towards the more intensive portion of the zoning district spectrum. N-1.1 Promote housing diversity, including missing middle housing. N-1.3 Revise the zoning map to lessen areas exclusively zoned for single-type housing. Goal N-3: Promote a diverse supply of quality housing units. The requested R-4 district supports all three of the above as it authorizes a wide range of housing types, lot sizes, and services to create a mix of housing. Goal DCD-1: Support urban development within the City. The proposed zoning is occurring in conjunction with an annexation. Any future development will be required to occur at urban densities and will be within the City. If the City Commission declines the annexation then the requested R-4 zoning will not occur. DCD-1.11 Pursue annexations consistent with the future land use map and adopted facility plans for development at urban intensity. DCD-2.2 Support higher density development along main corridors and at high visibility street corners to accommodate population growth and support businesses.” The 2017 Transportation Master Plan has Fowler Avenue listed as a Minor Arterial street. It runs south of Durston Road where it dead ends before reaching Babcock. Then starts again from Babcock to Huffine Lane. In the Capital Improvement Plan (CIP) Project Report for Fiscal Years 2022-2026, one of the larger projects that will expand capacity to the road network in FY23, FY24 and FY26 is an expansion of Fowler Avenue from Oak to Huffine Lane. An additional CIP project added to Fiscal Year 2028 is to improve Stucky Road from 19th Street to Fowler Lane which currently runs from Stucky Road to Hyalite. Stucky Road will become a City Standard street with curb, gutter, sidewalks and pathways and Fowler Lane will eventually be constructed to a city standard street as well with new development. 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. 90 Staff Report for the 4840 Fowler Ln Annexation and ZMA, Application 22383 Page 23 of 33 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 contiguous to the City limits on the east on over 650 lineal feet. It adds approximately 20 acres to the City limits that is available for urban development. 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) B. Secure safety from fire and other dangers. Criterion Met. The existing buildings are constructed of unknown quality, fire, and safety measures. Any removal and replacement must meet the development standards of the City. Fire protection water supply will be provided by the City of Bozeman water system. The property is not within any delineated floodplain nor does it have other known natural hazards. 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 nearby properties to the south and east. 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 and identified policies 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. As noted in Criterion B, further development and redevelopment must be in accordance with modern building, access, stormwater, pedestrian circulation, ingress and egress to the site, and full connection to the greater transportation network for users ensuring the promotion of public health, safety and general welfare. The annexation and development of this site will facilitate expansion D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. Criterion Met. This property is included in future planning areas for transportation, parks, sewer, and water. 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 91 Staff Report for the 4840 Fowler Ln Annexation and ZMA, Application 22383 Page 24 of 33 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.” See also comments under Criterion C. All future construction must extend services in conjunction with subdivision and site development. Those extensions must meet current standards and will advance this standard. E. Reasonable provision of adequate light and air. Criterion Met. The R-4 zoning designation has requirements for setbacks, height, and lot coverage which provide for the reasonable provision of adequate light and air. Any future development of the property will be required to conform to City standards for setbacks, height, lot coverage, and buffering. The criterion is not about personal preferences but about protection of public health and safety. The adopted standards address protection of public health and safety. 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 proposed zoning will allow for a higher density of uses than is currently allowed under Gallatin County zoning. The Gallatin County zoning is an agricultural protection zone which requires 20 acres per home. The site is presently occupied by a single household dwelling with outhouses. Any development under Bozeman R-4 zoning will generate more traffic, on foot, bicycle, or vehicle, than the existing single family lot. To meet the adopted standards of 38.400, when a development is proposed, it will be responsible for frontage improvements along Fowler Lane. Future development will be 92 Staff Report for the 4840 Fowler Ln Annexation and ZMA, Application 22383 Page 25 of 33 required to provide these improvements which will enhance the city’s motorized and non- motorized transportation systems. Local streets will be laid out and constructed as development proceeds. Sidewalks and bike facilities are minimum standards and will be constructed as needed. G. Promotion of compatible urban growth. Criterion Met. The intent of the R-4 zone is to provide for high density residential development through a variety of housing types to serve the varying housing needs of the community’s residents. The subject property is adjacent to low-density residential uses to the north, south and west. There is an undeveloped parcel in the city limits zoned R-4 east of the site and high intensity residential uses to the southeast with active new construction at Gran Cielo. Creating a more dense residential development adjacent to a higher intensity residential area is a compatible use. In addition, this property is accessed by Fowler Lane which is designated as a minor arterial in the Bozeman Transportation Master Plan (TMP). Improvements to Fowler Lane will occur with future development in accordance with the terms of annexation. The proposed zoning is in accordance with the Bozeman Community Plan’s future land use designation of Urban Neighborhood. H. Character of the district. Criterion Met. Section 76-2-302, MCA says “…legislative body may divide the municipality into districts of the number, shape, and area as are considered best suited to carry out the purposes [promoting health, safety, morals, or the general welfare of the community] of this part.” Emphasis added. This proposal amends the zoning map and not the text. Therefore, no element of this amendment modifies the standards of any zoning district. The character of the districts as created by those standards remains intact. As noted above, the City Commission has latitude in considering the geographical extents of a zoning district. Application of any municipal zoning district to the subject property will alter the existing agricultural character of the subject property. 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 intent and purpose of the R-4 district is available in 38.300.100.E and in Appendix B of this report. The City has defined compatible development as: “The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and objectives of the City's adopted growth policy. Elements of compatible development include, but are not limited to, variety of architectural design; rhythm of architectural elements; scale; intensity; materials; building siting; lot and building size; hours of operation; and integration with existing 93 Staff Report for the 4840 Fowler Ln Annexation and ZMA, Application 22383 Page 26 of 33 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 R-4 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. The existing character of the site is a single household large lot. Any change in zoning will modify the essential character of the property. To the east is the City limits with various higher density zoning districts. To the west is a rural 80-acre parcel in the county with an existing single family dwelling. The zoning amendment is in conjunction with annexation of the property. Annexation and urban zoning will change the character of the application site. However, the requested zoning is consistent with adjacent urban zoning. The urban zoning will be separated by a public street from the rural area to the west. It will not be separated from rural properties to the north and immediate south. It is appropriate to zone the annexing area consistent with the current growth policy and other standards of the City. The amendment does not alter the allowed uses or standards within the adjacent unzoned rural subdivision. Looking out about a half a mile south and east of the subject site is substantial change and development. One half mile south of the subject site is a recently annexed 20-acre parcel with an initial zoning of R-4 known as Buffalo Run. Immediately north of Buffalo Run is an 80- acre parcel where the Gran Cielo development is expanding and has an active application for annexation and zone map amendment to R-4. North of this expansion is a previously approved application where high-density residential development is occurring southeast of the subject site. The proposed zone map amendment is compatible and in harmony with the surrounding area considering existing and future development possibilities south and east of the subject site. I. Peculiar suitability for particular uses. Neutral. The property is within the City’s planning area for land use and utility extensions. There is frontage on Fowler Lane, a minor arterial street. Upon future development, Fowler Lane will be constructed to municipal Street Standard adjacent to the property. Municipal utilities and emergency services can be extended to the area. The proposed R-4 zoning designation is suitable for the property’s location and adjacent uses. J. Conserving the value of buildings. Criterion Met. There is one single family dwelling with associated outbuildings on the subject property. The amendment is for the zoning map and does not alter allowed uses on adjacent properties. 94 Staff Report for the 4840 Fowler Ln Annexation and ZMA, Application 22383 Page 27 of 33 K. Encourage the most appropriate use of land throughout the jurisdictional area. Criterion Met. The proposed R-4 zoning designation will encourage the most appropriate use of land as the property is near residential uses. Upon future development, there will be access to the city’s services, including streets, thus the site is able to support a higher intensity of uses as allowed within the R-4 zoning district. Furthermore, the proposed R-4 zoning designation is consistent with the BCP 2020 future land use map designation of “Urban Neighborhood”. PROTEST NOTICE FOR ZONING AMENDMENTS IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION. The City will accept written protests from property owners against the proposal described in this report until the close of the public hearing before the City Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property within the area affected by the proposal or by owner(s) of real property that lie within 150 feet of an area affected by the proposal. The protest must be in writing and must be signed by all owners of the real property. In addition, a sufficient protest must: (i) contain a description of the action protested sufficient to identify the action against which the protest is lodged; and (ii) contain a statement of the protestor's qualifications (including listing all owners of the property and the physical address), to protest the action against which the protest is lodged, including ownership of property affected by the action. Signers are encouraged to print their names after their signatures. A person may in writing withdraw a previously filed protest at any time prior to final action by the City Commission. Protests must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230. APPENDIX A - NOTICING AND PUBLIC COMMENT Notice was published in the Bozeman Daily Chronicle on March 18th and 25th, 2023. 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 March 28, 2023, no written comments have been received on this application. Any received comments will be made available through the City’s Laserfiche system. 95 Staff Report for the 4840 Fowler Ln Annexation and ZMA, Application 22383 Page 28 of 33 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-4, High Density Residential district whose intent is to: Residential high density district (R-4). The intent and purpose of the R-4 district is to establish areas within Bozeman that are high density residential in character and to provide options for a variety of housing types within the city with associated service functions. These purposes are accomplished by: 1. Providing for minimum lot sizes in developed areas consistent with the established development patterns and provide greater flexibility for clustering lots and mixing housing types in areas with new development. 2. Providing for a diverse array housing types, including single and multi-family household dwellings that will serve the varying and changing needs of the community. 3. Allowing office use as a secondary use that is measured by percentage of total building area. Use of this zone is appropriate for areas adjacent to mixed-use districts, commercial districts, and/or served by transit to accommodate a higher density of residents in close proximity to jobs and services. 96 Staff Report for the 4840 Fowler Ln Annexation and ZMA, Application 22383 Page 29 of 33 The Zoning Correlation Table on Page 58 of the Bozeman Community Plan 2020 correlates zoning districts with the Growth Policy’s land use categories, demonstrating that the proposed zoning designation of R-4 correlates with the Growth Policy’s future land use designation of “Urban Neighborhood”. 97 Staff Report for the 4840 Fowler Ln Annexation and ZMA, Application 22383 Page 30 of 33 APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF Owner/Applicant: 2B, LLC, 7555 Cottonwood Road, Bozeman MT 59715 Representative: Intrinsik Architecture, 106 E Babcock St, Ste 1A, Bozeman MT 59715 Report By: Elizabeth Cramblet, Associate Planner, Community Development Department APPENDIX D – ADVISORY COMMENTS The following informational items are provided for consideration during the design of development on the site in the future. General 1. BMC 38.410.100 (C.4) Watercourse Setback - Where a development is crossed by or is adjacent to a watercourse, the developer must mitigate the impacts of the development on the watercourse. 2. All proposals for regulated activities in wetlands areas must be reviewed by the review authority. The applicant must prepare a functional assessment for all wetlands. Based on the functional assessment and other submittal materials, the review authority may request the WRB, if established, forward a recommendation of approval, conditional approval or denial to the review authority. Stormwater 1. Montana Post-Construction Storm Water BMP Design Guidance Manual Seasonal High Groundwater - The subject project is located in an area that is known to have seasonally high groundwater. Upon future development, the applicant must confirm seasonal high groundwater level (SHGWL), and seasonal high groundwater data must be measured and submitted with any future development application on the parcel. Due to the seasonal nature of SHGWL measurements, the applicant is advised to begin groundwater measurements in the winter and continue measuring through fall. 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. 2. DSSP Section V.B - Sanitary Sewer System Design Criteria - Upon future development, the applicant must provide an estimate of the peak-hour sanitary sewer demands, certified by a professional engineer, for the proposed project. The City will analyze and determine if sewer capacity is available to accommodate the project. The applicant is advised that 98 Staff Report for the 4840 Fowler Ln Annexation and ZMA, Application 22383 Page 31 of 33 sewer capacity is allocated on a first come first serve basis and is not entitled until preliminary plat or site plan approval. 3. BMC 38.410.070 (A) (1) Municipal water, sanitary sewer and storm sewer systems – In conjunction with streets construction - The City’s Water Facility Plan identified the need for a water transmission main (CIP Reference: 16-inch water main New Growth and Development) directly adjacent to the subject property in Fowler Lane to service future development. Water infrastructure improvements will be reviewed with future development applications. The identified water capital planning improvements must be designed in coordination with any future Fowler Lane improvements adjacent to the subject property. The applicant is advised that the capital Improvements identified within the facility plans must be located within City ROW, a public street and utility easement, or a water and sewer easement. 4. BMC 38.410.070 (A) (1) Municipal water, sanitary sewer and storm sewer systems - The subject property is located within the overall Cattail Creek Sanitary Sewer Drainage Basin. Figure 5-1 of the City’s wastewater facility plan, shows the subject property in a smaller identified sub-basin (still within the overall Cattail Creek Drainage Basin), but directly adjacent to the Baxter Creek Sanitary Sewer Drainage Basin. The identified sub-basin assumes that certain portions of the property would flow by gravity into the future 12-inch Fowler Lane sewer main, as identified in the facility plan (Capital Improvement Plan (CIP) Reference: 12-inch Fowler Ln: Blackwood Road to Stucky Road). Based on new hydraulic modeling information a 15-inch main will be required and will be updated per the City's wastewater facility plan update. The identified wastewater capital planning improvements must be designed in coordination with any Fowler Lane improvements. Sanitary sewer infrastructure improvements will be reviewed with future development applications. The applicant is advised that infrastructure plans for the Buffalo Run development, which is south of the property, received infrastructure approval to install a new 15-inch wastewater main from their property to the intersection of Stucky Road and Fowler Lane. The completion date of said water and sewer improvements by the Buffalo Run development is not currently known. The applicant should closely coordinate with engineering prior to future subdivision or site plan on associated infrastructure improvements. 99 Staff Report for the 4840 Fowler Ln Annexation and ZMA, Application 22383 Page 32 of 33 Transportation 1. BMC 38.400.010 Streets (A) - Upon future development, Fowler Lane must be constructed to the City’s Minor Arterial Standard adjacent to the subject property. Any required ROW or public street and utility easement acquisition from offsite property owners is the applicant’s responsibility. 2. Stucky has been added to the City’s Capital Improvement Plan (CIP) FY 2028. Refer to the City’s capital improvement plan for additional details and the extent of proposed improvements. 3. Payback District – The subject property is within the boundaries of the Meadow Creek Subdivision Sewer Payback, an assessment of payback charge will be required with any future subdivision on site plan applications. The applicant is advised that the payback must be paid at the time of development approval. Reference document Gallatin County Clerk and Recorder #2293493. Water 1. DSSP.V.A.5 Water – Main Extensions – Future development of this site will require main extensions to be looped, a single dead end loop will not be allowed. 2. DSSP Section V.A – Main Size – The applicant is advised that the subject property is located at the southern end of the City’s main pressure zone (Sourdough Zone). Water pressure around the subject property vary from 35 to 50 psi. Upon future development, the water distribution system must be designed to meet the requirements outlined in the City of Bozeman Design Standards and Specifications Policy. Additionally, all water system improvements must also be designed and installed in accordance with the Montana Department of Environmental Quality Circular 1; Montana Public Works Standards and Specifications (MPWSS); City of Bozeman Modifications to MPWSS; and the City’s most recent Water Facility Plan. 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://www.bozeman.net/departments/community-development/planning/project- information-portal. Select ‘Project Documents’ and navigate to application 21442 to view 100 Staff Report for the 4840 Fowler Ln Annexation and ZMA, Application 22383 Page 33 of 33 the full application. Digital access is also available at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Application materials direct link: https://weblink.bozeman.net/WebLink/Browse.aspx?startid=270068&cr=1 101 Memorandum REPORT TO:Community Development Board FROM:Chris Saunders, Community Development Manager Erin George, Community Development Deputy Director Anna Bentley, Community Development Director SUBJECT:Upcoming Items for the April 17, 2023 Community Development Board Meeting MEETING DATE:April 3, 2023 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Information only, no action required. 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 following project review items are presently scheduled for the April 17, 2023, Community Development Board meeting. 1. Gran Cielo II Annexation Zone Map Amendment, application 22090, considered in capacity as Zoning Commission. The following work session item is presently scheduled for the April 17, 2023 Community Development Board meeting. 1. Work session in two parts regarding transportation and traffic studies and also non-residential parking as part of the UDC update, considered in capacities as Zoning Commission and Planning Board . UNRESOLVED ISSUES:None. ALTERNATIVES:None. FISCAL EFFECTS:None. Report compiled on: March 29, 2023 102