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HomeMy WebLinkAbout05-16-23 Public Comment - C. Omland - Canyon Gate Prelim Plat Access Points - ClarificationFrom:Carie Omland To:Agenda Subject:Canyon Gate Prelim Plat Access Points - Clarification Date:Tuesday, May 16, 2023 9:13:39 AM Attachments:Screenshot 2023-05-16 at 8.52.51 AM.png Screenshot 2023-05-16 at 9.02.09 AM.png 22264 Canyon Gate PP CDB staff rpt 2.pdf CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. City of BozemanEmail: agenda@bozeman.net Subject: Concerns Regarding Access Points in Canyon Gate Dear City of Bozeman, I am writing to express my concern regarding the lack of utilization of access points outlined in the Preliminary Plat for the Canyon Gate Development. Specifically, the access point atSpirit Crossing Lane and Boylan Road seems to be disregarded, which has resulted in significant concerns among residents in the existing neighborhood, particularly concerning thetraffic on Maiden Spirit Street. The burden of traffic is being put on Maiden Spirit when it could be alleviated to some degree using the Sprit Crossing/Boylan access point that hasaccess to Story Mill in very close proximity, thus avoiding putting so much burden on Maiden Spirit, which is full of children. To reiterate, the Canyon Gate development team is NOTplanning to use the Spirit Crossing access point that was stubbed in for future use when Legends was established. I have denoted that access point on the screenshots in pink below. Ihave also attached the full PDF to this email. I would appreciate clarification on who ultimately decides the usage of access points in adevelopment—whether it is the developer or the city. It is crucial for us to understand thedecision-making process and the reasoning behind the current arrangement. Therefore, Ikindly request that someone from the city contacts me via email to provide further informationand address our concerns. I would be happy to get on a quick phone call as well. During a recent Zoom meeting on May 15, 2023, multiple individuals, including myself,raised logical questions about the access point at Spirit Crossing to representatives of the developer. However, the responses provided were evasive and failed to offer any realexplanation. As a result, I am turning to the city for clarification and a better understanding ofthe decision-making involved. Additionally, I would like to draw attention to the apparent deficit of access points directly tothe Canyon Gate Development, specifically on Bridger Drive and Story Mill Road. Placingtraffic burden on the Legends neighborhood, specifically Maiden Spirit Street, feels unjust. Itis imperative that we find a balanced and equitable solution to ensure the smooth flow oftraffic and minimize the impact on existing residents adjacent to the project. I hope that the city can shed light on how and why these decisions are made regarding accesspoints. By providing this information, you will greatly assist in alleviating the concerns withinour community and help foster a sense of transparency and fairness throughout thedevelopment process. The hope of getting an easement onto Northview is unlikely due to oldHOA rules that require a 75% vote to approve. Knowing how the residents of the alley feel, itwill not pass. Thank you for your attention to this matter. I look forward to a prompt response that willclarify the decision-making process and shed light on the reasons behind the current accesspoint arrangement. I would also hope that this letter might prompt some re-considerations ofthe Spirit Crossing access point near Story Mill Road. Sincerely,Carie Omland1593 Maiden Spirit StreetBozeman, MT 59715 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, March 20, 2023 at 6:00 pm. City Commission hearing will be held Tuesday, March 28, 2023 at 6:00 pm Project Description: A major preliminary plat subdivision of a 24.14 acre Tract to create 15 lots consisting of 3 mixed commercial and apartment residential lots zoned B2-M; 2 duplex residential lots zoned R-3; 2 apartment residential lots zoned R-5; and 4 four- plex 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: February 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 Development viewer as well. A compilation of public comments received to date is attached to the agenda item. Should additional written public 22264; Planning Board Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 2 of 30 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 apartment residential lots zoned B2-M; 2 duplex residential lots zoned R-3; 2 apartment residential lots zoned R-5; and 4 four-plex residential lots zoned R-3; 3 park lots; and 1 open space lot; along with dedicated street rights-of-way. This Tract of land was annexed into the City and was granted the three zoning designations, B2-M, R-3 and R-5, 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. 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 ......................................................................................................................................................... 8 SECTION 2 – REQUESTED VARIANCES ..................................................................................... 11 SECTION 3 – DRAFT 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 ................................................................. 30 APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF .......................................... 30 FISCAL EFFECTS .......................................................................................................................... 30 ATTACHMENTS ........................................................................................................................... 30 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 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 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 22264; Planning Board Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 7 of 30 Figure 6: Preliminary Plat Summary 22264; Planning Board Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 8 of 30 Figure 7: Preliminary Plat 22264; Planning Board Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 9 of 30 Figure 8: Concept Development Plan 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 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 these conditions 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 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 the west side of Story Mill Road section include 10 ft. sidewalk width instead of the 22264; Planning Board Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 13 of 30 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. 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, March 28, 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: 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 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 Storm 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 determines that sufficient sanitary sewer service is not available, the Applicant must be installed by the Applicant and it must be accepted by the City prior to issuance of a building permit for and development within the subdivision which requires such service. Condition No. 7 addresses standard City Parks and Recreation policies related to parks dedicated to the City and lying within this subdivision. 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 contained 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. Previous public comment is provided in a separate attachment. On February 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 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 in 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 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 8 monitoring wells from March 2022 to the present. The seasonal high groundwater was found in early June and ranged in depth from 6.44’ to greater than 13 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’ 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 and requires such notice to be placed in the Conditions of Approval Sheet of the final plat. 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. 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: 22264; Planning Board Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 21 of 30 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 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 22264; Planning Board Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 22 of 30 are provided on plan sheet C4.1. Bicycle lanes are provided on Story Mill Road. Ten-foot shared-use pathways are also provided on the east side of Story Mill Road and the north side of Bridger Canyon 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. 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. Reference the Traffic Impact Study (TIS) describing the traffic generation, capacity analysis and level of service, and any traffic calming required. The TIS shows that all intersections and approaches 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 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. 22264; Planning Board Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 23 of 30 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: [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. 22264; Planning Board Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 24 of 30 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. 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 22264; Planning Board Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 25 of 30 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. 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. 22264; Planning Board Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 26 of 30 This proposed subdivision is well-suited to implement the two FLUM designations by providing lots that will support a variety of housing types including duplex, fourplex, housing over commercial space, and apartment 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. 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 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. The Applicant will need to decide if and when the commercial space in the B2-M zone will flourish. 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 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. 22264; Planning Board Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 28 of 30 This site is an undeveloped former farmland, surrounded by existing residential uses. Complimentary uses such as schools, parks, grocery stores, and employment opportunities and 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 22264; Planning Board Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 29 of 30 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.” 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 22264; Planning Board Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 30 of 30 APPENDIX C – NOTICING AND PUBLIC COMMENT Notice was provided at least 15 and not more than 45 days prior to the close of the public comment period/City Commission public hearing per BMC 38.220.420. The City scheduled public notice for this application on February 28, 2023 with the Applicant posing public notice on the subject property on February 28, 2023 and 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. Previous public comments on this application is provided in a separate document attachment entitled “22264 Canyon Gate compiled public comment”. 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 Public Comment: See separate attachment. Public notice began 2/28/23.