HomeMy WebLinkAboutSouth University District Zone Map Amendment No. Z-09242.pdf
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Brian Krueger, Associate Planner
Tim McHarg, Planning Director
SUBJECT: South University District Zone Map Amendment #Z-09242
MEETING DATE: June 6, 2011
AGENDA ITEM TYPE: Action
RECOMMENDATION: The City Commission adopts the provided findings and approves the
zone map amendment, with the 3 recommended contingencies listed on Pages 2-3 of the Staff
Report, and directs staff to prepare an ordinance for the map amendment.
RECOMMENDED MOTION: Based upon the analysis and findings in the Staff Report
and after consideration of public comment, I move to approve the zone map amendment,
with the 3 recommended contingencies listed on Pages 2-3 of the Staff Report, and direct
staff to prepare an ordinance for the map amendment.
BACKGROUND: The property owner and applicant, RTR Holdings II made application to
the Bozeman Planning Department for a Zone Map Amendment to amend the City of Bozeman
Zone Map and establish municipal zoning designation on approximately 126.96 acres of REMU
(Residential Emphasis Mixed Use District). The underlying Bozeman Community Plan land use
designation for the property is Residential Emphasis Mixed Use. The property is undeveloped.
The parcel is bisected by Mandeville Creek, running north/south. There are no structures on site.
On April 20, 2011 the DRC recommended approval of the application and their recommended
contingencies are included in the attached report.
The Zoning Commission held a public hearing on the proposal at their May 3, 2011 meeting to
formally receive and review the application and all written and oral testimony on the proposed
zoning map amendment. The Zoning Commission voted 3-0 to recommend approval of the
application to the Commission with contingencies. The public comment received at the Zoning
Commission hearing can be found in the attached minutes from their meeting, as well as in the
attached Zoning Commission Resolution #Z-09242. Staff will summarize public comment
concerns during the staff presentation at the meeting. No additional public comment has been
received following the meeting.
UNRESOLVED ISSUES: None at this time.
ALTERNATIVES: 1) Approve the zone map amendment as recommended above by the
Zoning Commission and Staff.
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2) Deny the zone amendment request.
FISCAL EFFECTS: Annexing the property and establishing the new municipal zoning will
enable future development with connection to the City sewer and water services and service by
the public services (police, fire, streets, etc.) of the City. This would increase tax values and
corresponding revenue from the property. The City will accrue additional costs to service the
property with municipal service.
Attachments: Staff Report, Applicant’s submittal materials, Zoning Commission Resolution #Z-
09242, Zoning Commission Meeting Minutes 5-3-11, RPAB memo, public comment
Report compiled on: May 26, 2011
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#Z-09242 South University District ZMA Staff Report 1
City Commission and Zoning Commission
Staff Report for the South University District
Zone Map Amendment File #Z-09242
Item: Zoning Application #Z-09242, an application to amend the City of Bozeman Zoning Map to
establish a municipal zoning designation on approximately 126.96 acres of land as Residential Emphasis
Mixed Use (REMU).
Applicant/Owner: RTR Holdings II
67 Village Drive, Suite 206
Belgrade, MT 59714
Representatives:
Stahly Engineering & Associates
7585 Shedhorn Drive
Bozeman, MT 59718
Morrison Maierle, Inc.
PO Box 1113
Bozeman, MT 59771
Date: Before the Bozeman Zoning Commission on Tuesday, May 3, 2011 at 7:00 PM in the
Commission Meeting Room, City Hall, 121 North Rouse Avenue Bozeman, Montana and before the
Bozeman City Commission on Monday, June 6, 2011 at 6:00 PM in the Commission Meeting Room,
City Hall, 121 North Rouse Avenue Bozeman, Montana
Report By: Brian Krueger Associate Planner
Recommendation: Approval of “REMU” with Contingencies
______________________________________________________________________________
Project Location
The subject property is located at the Southeast Corner of the intersection of South 19th Avenue and
West Kagy Boulevard generally bound by future extensions of Stucky Road and South 11th Avenue.
The property is legally described as: Tract B of COS 2661, excepting Parcel 2 of Doc. 2311126 in the
SW¼SW¼, S½SE¼SW¼ of Section 13 and the N½NW¼ of Section 24, T2S, R5E, PMM, Gallatin
County, Montana. The property under consideration is approximately 126.96 ± acres in size. Please refer
to the vicinity map on the following page.
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#Z-09242 South University District ZMA Staff Report 2
Proposal
The landowner has made application to the Bozeman Planning Office for a Zone Map Amendment to
amend the City of Bozeman Zone Map and establish municipal zoning designation on approximately
126.96 acres of REMU. The underlying land use designation for the property is Residential Emphasis
Mixed Use. The property is undeveloped and currently used for agricultural uses. The parcel is bisected
by Mandeville Creek, running north/south.
The subject property is not currently located within the corporate limits of the City of Bozeman and is
being processed with a concurrent annexation application. The intent of the “REMU” residential
emphasis mixed use district is to provide for a primarily residential district with supporting services and
commercial uses. The City recently adopted the new Residential Emphasis Mixed Use Zoning District.
It can be found in a staff report attachment.
On April 20, 2011 the DRC recommended conditional approval of the application and their
recommended conditions, code citations and comments are included in this report.
Recommended Contingencies
Based upon review and consideration by the Development Review Committee and Staff, and after
evaluation of the proposed zoning against the criteria set forth in 18.70.020 of the Unified Development
Ordinance and Section 76-2-304 Montana Codes Annotated, the Planning Staff recommends approval of
the requested Zone Map Amendment with the following contingencies.
1. The ordinance for the Zone Map Amendment shall not be adopted until the Resolution of
Annexation is signed by the applicant and formally approved by the City Commission. If the
annexation is not approved, the zone map amendment application shall be null and void.
2. The applicant shall submit a 24" x 36" mylar zone map titled "South University District Zone
Map Amendment;" 8½-inch x 11-inch, or 8½-inch x 14-inch paper exhibit; and a digital copy of
the area to be zoned, 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
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#Z-09242 South University District ZMA Staff Report 3
description of the perimeter of the subject property and zoning districts, total acreage of the
property and each zoning district, and adjoining rights-of-way and/or street access easements.
3. The ordinance for the Zone Map Amendment shall not be drafted until the applicant provides
a metes and bounds legal description prepared by a licensed Montana surveyor and map of the
area to be rezoned, which will be utilized in the preparation of the ordinance to officially amend
the zone map.
Conclusion/Recommendation
The Department of Planning and Community Development, Development Review Committee, and other
applicable review agencies have reviewed the proposed Zone Map Amendment application and have
provided summary review comments as outlined in the staff report; and as a result, recommend approval
of the application to establish an “REMU” Residential Emphasis Mixed Use District municipal zoning
designation on approximately 126.96 acres of land.
The recommendation of the Bozeman Zoning Commission will be forwarded to the Bozeman City
Commission for consideration at its public hearing. The City Commission will make the final decision
on the application.
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE
OWNERS OF 20% OR MORE OF THE LOTS IMMEDIATELY ADJACENT TO OR WITHIN
150 FEET FROM THE STREET FRONTAGE, THE AMENDMENT SHALL NOT BECOME
EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT
AND VOTING MEMBERS OF THE CITY COMMISSION.
Zoning Designation & Land Uses
The subject property is currently vacant and used for agricultural uses. The following land uses and
zoning are adjacent to the subject property:
North: Community Center, Multi-household residences, Stadium Center Business Park; zoned R-4
(Residential High Density District) and R-O (Residential Office District).
South: Vacant/Residence, Agricultural Uses; zoned R-1 (Residential Single Household Low Density
District)
East: Montana State University, Office Building, Single Household Residential; zoned PLI (Public
Lands and Institutions District), BP (Business Park), R-3 (Residential Medium Density District)
West: Across South 19th Avenue: Vacant and Community Center (County jurisdiction), Single
Household Residence; zoned B-2 (Community Business District), Vacant; zoned BP (Business Park
District)
Adopted Growth Policy Designation
Residential Emphasis Mixed Use: The Residential Mixed-Use category promotes neighborhoods with
supporting services that are substantially dominated by housing. A diversity of residential housing types
should be built on the majority of any area within this category. Housing choice for a variety of
households is desired and can include attached and small detached single-household dwellings,
apartments, and live-work units. Residences should be included on the upper floors of buildings with
ground floor commercial uses. Variation in building massing, height, and other design characteristics
should contribute to a complete and interesting streetscape and may be larger than in the Residential
category.
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#Z-09242 South University District ZMA Staff Report 4
Secondary supporting uses, such as retail, offices, and civic uses, are permitted at the ground floor. All
uses should complement existing and planned residential uses. Non-residential uses are expected to be
pedestrian oriented and emphasize the human scale with modulation as needed in larger structures.
Stand alone, large, non-residential uses are discouraged. Non-residential spaces should provide an
interesting pedestrian experience with quality urban design for buildings, sites, and open spaces.
This category is implemented at different scales. The details of implementing standards will vary with
the scale. The category is appropriate near commercial centers and larger areas should have access on
collector and arterial streets. Multi-household higher density urban development is expected. Any
development within this category should have a well integrated transportation and open space network
which encourages pedestrian activity and provides ready access within and to adjacent development.
Public Comment
As of the writing of this staff report, the City of Bozeman Department of Planning and Community
Development has not received any public testimony on the matter. Any additional written comments
received by the Planning Office will be forwarded to the Zoning Commission and City Commission
during the public hearings.
Review Criteria & Staff findings
The Bozeman Department of Planning and Community Development has reviewed the application for a
Zone Map Amendment against the Bozeman Community Plan, the City of Bozeman Zoning Ordinance,
and the twelve (12) criteria established in Section 76-2-304, Montana Codes Annotated, and as a result
offer the following summary-review comments for consideration by the Zoning Commission and City
Commission.
1. Is the new zoning designed in accordance with the comprehensive plan?
Yes. The Future Land Use Map of the Bozeman Community Plan designates the property to develop as
“Residential Emphasis Mixed Use.” The Residential Mixed-Use category promotes neighborhoods with
supporting services that are substantially dominated by housing. A diversity of residential housing types
should be built on the majority of any area within this category. Housing choice for a variety of
households is desired and can include attached and small detached single-household dwellings,
apartments, and live-work units. Residences should be included on the upper floors of buildings with
ground floor commercial uses. Variation in building massing, height, and other design characteristics
should contribute to a complete and interesting streetscape and may be larger than in the Residential
category. Secondary supporting uses, such as retail, offices, and civic uses, are permitted at the ground
floor. All uses should complement existing and planned residential uses. Non-residential uses are
expected to be pedestrian oriented and emphasize the human scale with modulation as needed in larger
structures. Stand alone, large, non-residential uses are discouraged. Non-residential spaces should
provide an interesting pedestrian experience with quality urban design for buildings, sites, and open
spaces. This category is implemented at different scales. The details of implementing standards will
vary with the scale. The category is appropriate near commercial centers and larger areas should have
access on collector and arterial streets. Multi-household higher density urban development is expected.
Any development within this category should have a well integrated transportation and open space
network which encourages pedestrian activity and provides ready access within and to adjacent
development.”
.
The “REMU” (Residential Emphasis Mixed Use District) zoning designation would implement the
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#Z-09242 South University District ZMA Staff Report 5
Residential Emphasis Mixed Use land use designation. The site is located at the cross roads of two
major arterial transportation corridor in the City. The future development of the property will allow the
future extensions of Stucky Road, South 11th Avenue, city parkland along Mandeville Creek and
regional trails. The property is within close proximity to Montana State University; a major regional
employer and heavy user of housing within the community. This area is surrounded by a diverse mix of
uses and zoning districts. This REMU planned area is adjacent to a planned Community Commercial
Mixed Use node located west of South 19th Avenue south of a future extension of W. Lincoln Street and
north of Stucky Road. This location lends itself to higher density housing with associated commercial
uses. Office, research, and laboratory uses would be complimentary to the existing development pattern
surrounding Montana State University.
2. Is the new zoning designed to lessen congestion in the streets?
Yes. The subject property is bordered on two sides by W. Kagy Boulevard and South 19th Avenue.
These streets are classified as primary arterial streets and provide two ways to access this property. The
streets provide significant capacity to and from the site. Increased traffic will certainly occur when uses
are developed on this site; however, as part of the terms of any future master site plan or subdivision for
this site, street improvements including paving, curb/gutter, sidewalk and storm drainage facilities
would be required. A traffic study will be required upon further development, and the DRC will
evaluate the impacts to the area’s transportation network system and make recommendations regarding
mitigation measures.
The proximity of this parcel to existing trail systems and residential neighborhoods provides significant
opportunities for pedestrian and bicycle multimodal trips to the development by residents of the
area(within ½ mile) and citywide.
3. Will the new zoning secure safety from fire, panic and other dangers?
Yes. The regulatory provisions established in all of the proposed zoning designations, in conjunction
with provisions for adequate transportation facilities, properly designed water mains and fire service
lines and adequate emergency exits/escapes, will address safety concerns with any further subdivision
and/or development of the property. All new structures and development on the subject property would
be required to meet the minimum zoning requirements for setbacks, lot coverage, height limitations and
lot sizes to ensure the health, safety and general welfare of the community. Per Chapter 18.02 of the
UDO, the City of Bozeman’s has the authority and power to ask for more than the minimum standards if
it ensures the best service to the public interest.
4. Will the new zoning promote health and general welfare?
Yes. The regulatory provisions established through the City’s municipal code under Title 18, Unified
Development Ordinance, BMC, will adequately address the issues of health and general welfare.
Further development of the subject property requires review and approval by the Montana Department
of Health and Environmental Sciences, City Engineer's Office and Director of Public Service.
The property, upon further development, would be required to come into conformance with all
requirements of the zoning ordinance.
Additional development issues related to municipal infrastructure (i.e., water and sanitary sewer) and
public services (i.e., police and fire protection) will be addressed with subdivision and/or master site
plan review when residential densities and anticipated water usage can be more closely calculated.
Water and sewer infrastructure are in the vicinity and available to the site.
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#Z-09242 South University District ZMA Staff Report 6
5. Will the new zoning provide adequate light and air?
Yes. The regulatory standards set forth in the City of Bozeman Zoning Ordinance for the requested
“REMU” Residential Emphasis Mixed Use zoning district provides the necessary provisions (i.e., yard
setbacks, lot coverage, open space and building heights), which are intended to provide for adequate
light and air for any proposed development on the subject property.
6. Will the new zoning prevent the overcrowding of land?
Yes. The minimum yard setbacks established in the “REMU” district, as well as the limitations of lot
coverage for principal and accessory structures and off-street parking facilities would maintain the
desired percent of buildable area. Minimum yard setbacks, height requirements, maximum lot coverage
and required parking are also limiting factors that help prevent the overcrowding of land. Such
regulatory standards should prevent the overcrowding of land, and maintain compatibility with the
character of the surrounding area.
7. Will the new zoning avoid the undue concentration of population?
Yes. Future development of the subject property as zoned under this proposal may result in a significant
density increase beyond what currently exists. However, compliance with the regulatory standards set
forth in the UDO and the International Building Code will aid in providing adequately sized dwelling
units to avoid undue concentration of population. According to the census information for the City of
Bozeman the average household size has been declining from 5.74 in 1930 to 2.48 in 2000. This
historical trend is anticipated to continue and would indicate that the undue concentration of the
population is not a significant issue with any zoning designation.
8. Will the new zoning facilitate the adequate provisions of transportation, water, sewer, schools, parks,
fire, police and other public requirements?
Yes. Further assessment of the impacts to infrastructure, public services, schools, park land, and other
community requirements will be evaluated during preliminary subdivision plat and/or master site plan
review. Said impacts identified with development of the property will be mitigated with recommended
conditions of approval by the DRC with a determination made by the governing body on adequate
provisions.
The DRC has determined that municipal infrastructure is located in the area and may be extended to the
property by the landowner/developer for further development of the site. Emergency services are
currently serving this area, and municipal police and fire are within adequate response time of the site.
The Planning Board and City Commission will have the opportunity to further evaluate the development
of the property during the above-described review procedures.
9. Does the new zoning give consideration to the peculiar suitability of the property for particular uses?
Yes. The proposed zoning gives reasonable consideration to the character of the district by matching the
existing uses already in place in the vicinity. The site’s proximity directly adjacent to the Montana State
University lends itself to higher density with commercial uses in a supporting role. The southern
portions of the subject property lend themselves to lower density housing to complement the existing
low density neighborhoods. Mandeville Creek provides a natural trail corridor that can be
complemented with active and passive parkland. One of the primary tenants of the REMU zoning
district is that due to the various potential mix of uses within the district and minimum level of specific
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#Z-09242 South University District ZMA Staff Report 7
urban design standards, that projects over five acres in size are required to go through a master planning
process very early in the development review process. This requirement would 1) determine a layout
that defined how streetscapes, structures, and potentially uses would relate; 2) would consider
infrastructure capacity analysis; and 3) define a development manual focused on urban design for the
master planned area prior to or concurrent with any subdivision or site development review. This
review process would give the City the ability to control how the uses on site would function and relate
to the surrounding developed and undeveloped areas within the City. As such, the zoning appears to
give reasonable consideration to the peculiar suitability of the property as it relates to properties and
development in the vicinity.
10. Does the new zoning give reasonable consideration to the character of the district?
Yes. The most important factor in determining the suitability of the proposed zoning designation is the
potential for compatibility with existing adjacent land uses. As envisioned by the Bozeman Community
Plan this area is to continue to develop as Residential Emphasis Mixed Use. The surrounding planned
land use designations of Residential, Business Park, Community Commercial Mixed Use, Public Lands
and Institutions would complement and support this Residential Emphasis Mixed Use District. The
proposed zoning gives reasonable consideration to the character of the district by matching or providing
complementary uses to the existing and planned uses in the vicinity. The master planning requirements
noted above in criteria 9 will give the City the ability to control how the uses on site would function and
relate to the surrounding developed and undeveloped areas within the City.
11. Was the new zoning adopted with a view of conserving value of buildings?
Yes. The proposed district is compatible with other adjacent zoning designations in the area in that the
general land use pattern today is mixed uses with commercial, offices, high and low density housing.
The transportation network serving the area is adequate, as well as the availability of municipal water
and sanitary sewer. This reduces the possibility of negative impacts to adjacent owners and encourages
the conservation of building values in the area.
12. Will the new zoning encourage the most appropriate use of the land through such county and
municipal area?
Yes, The “REMU“ zoning designation of this proposal is supportive of the overall intent of the growth
policy in regards to mixed use areas. Designating the property as “REMU” will allow it to develop
more intensively within the municipality boundaries. The flexibility of the mixed use district will help
to ensure that an acceptable level of housing, office, and commercial uses is achieved for the City as a
whole over time and in relation to supportable market trends.
Focusing housing and commercial activities into mutually reinforcing centralized areas enables each
residence and business to take advantage of the presence of services and customers. It enables greater
convenience for people with shorter travel distances to a wide range of businesses and limits commercial
and private vehicular circulation throughout the city. A central location enables greater access to
employment and services with a reduced dependence on the local streets, greater efficiencies in delivery
of public services, and corresponding cost savings in both personal and commercial applications.
Attachments: Applicant’s Submittal Materials
Ord. 1802 Residential Emphasis Mixed Use Zoning District and associated Unified
Development Ordinance amendments.
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#Z-09242 South University District ZMA Staff Report 8
Report Sent to: RTR Holdings II 67 Village Drive, Suite 206, Belgrade, MT 59714
Stahly Engineering & Associates 7585 Shedhorn Drive, Bozeman, MT 59719
Morrison Maierle Inc. PO Box 1113 Bozeman, MT 59771
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South University District | ZMA Application
March 2011
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Representative Information
Please include the following representatives in all correspondence.
Engineering:
Stahly Engineering & Associates (Cordell Pool, PE)
7585 Shedhorn Drive
Bozeman, Montana 59718
Phone: 522.9526
Email: cpool@seaeng.com
Planning/Architecture:
Intrinsik Architecture, Inc. (Rob Pertzborn, AIA/Susan Riggs, AICP)
111 North Tracy Avenue
Bozeman, Montana 59715
Phone: 582.8988
Email: rpertzborn@intrinsikarchitecture.com
GGLO (Sean Canady, AIA)
1301 First Avenue, Suite 301
Seattle, Washington 98101
Phone: 206.902.5464
Email: scanady@gglo.com
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South University Subdivision Annexation and ZMA Adjacent Owners List 3/1/2011Legal Description Name 1 Name 2AddressCity State Zip CodeStadium Center Lot 18 Suite 1 Daniel & Anna Bidegaray143 Hitching Post Road Bozeman MT 59715-8027Stadium Center Lot 18 Suite 2DSA Bozeman, LLP 2042 Stadium Drive, Suite 2 Bozeman MT 59715-0616Stadium Center Sub Lot 19 John J. Jr. & Patricia M. McKenna1711 W. College Street Bozeman MT 59715-4913Stadium Center Sub Lot 3 Unit 101Happy Days, LLC 2066 Stadium Drive, Suite 101 Bozeman MT 59715Stadium Center Sub Lot 3 Unit 102STADIUM DRIVE CONDOS LLC 1970 STADIUM DR STE C Bozeman MT 59715-0623Stadium Center Sub Lot 3 Unit 103Martin T. Minor Living Trust 1576 Moffit Gulch Road Bozeman MT 59715Stadium Center Sub Lot 3 Units 104&202Circle Rock Homes, LLC 181 Old Yellowstone Trail Bozeman MT 59715Stadium Center Sub Lot 3 Unit 201 Laurence E. & Terry R. Thayer2066 Stadium Drive STE 201 Bozeman MT 59715-0640Stadium Center Sub Lot 3 Unit 203STADIUM DRIVE CONDOS LLC 1521 BRYAN RD Bozeman MT 59718-7223Stadium Center Sub Lot 2Stadium Center Offices, LLC P.O. Box 11145 Bozeman MT 59715Stadium Center Sub Lot 1Red Rock Investments, LLC 1200 NW Naito Pkwy, Suite 600 Portland OR 97209-2829Stadium Center Sub Lot 7 Unit 1-A, 1-B, 1-C, 1-D, 2-A, 2-B, BA, BB, and BC Karen & Robert OstrumSage Creek Investments, LLC 3300 Graf Street, Unit 28 Bozeman MT 59715Stadium Center Sub Lot 8 Michael A. BasileMichael A. Basile Revocable Living Trust 921 S. 3rd Avenue Bozeman MT 59715Stadium Center Sub Lot 8 Jane E. Basile203 Northview Ridge Lane Bozeman MT 59715Stadium Center Sub Lot 8 Jonathan Potter1715 Kenyon Drive Bozeman MT 59715Stadium Center Sub Lot 8 Margaret M Potter2001 STADIUM DR STE A Bozeman MT 59715-0617Stadium Center Sub Lot 4Main Street Properties, LLC P.O. Box 1800 Bozeman MT 59771-1800Stadium Center Sub Lot 5 and Lot 64K Limited Partnership 1276 N. 15th Avenue, Apt 103 Bozeman MT 59715-3289Stadium Center Sub Lot 9 Units A and BKimbill, LLC 1934 STADIUM DR # B Bozeman MT 59715-0672Stadium Center Sub Lot 9 Unit CJeffery & Molly King Blaze, LLC 339 Peace Pipe Drive Bozeman MT 59715Stadium Center Sub Lot 10 Monte D. Beck1946 Stadium Drive, Suite 1 Bozeman MT 59715-0696Stadium Center Sub Lot 11Main Street Properties, LLC P.O. Box 1800 Bozeman MT 59771-1800Stadium Center Sub Lot 12 Unit AFive Labs Inc 1970 Stadium Drive, Suite 1 Bozeman MT 59715-0623Stadium Center Sub Lot 12 Unit BLatitude Development, LLC 1970 Stadium Drive, Unit B Bozeman MT 59715Stadium Center Sub Lot 12 Units C & D4K Limited Partnership 1276 N. 15th Avenue, Apt 103 Bozeman Mt 59715Stadium Center Sub Lot 13SBL Enterprises Limited Partnership 700 Dell Place Bozeman MT 59715-4800Stadium Center Sub Lot 14BRC Enterprises, LLC 325 Dulohery Lane Bozeman MT 59715-1200Stadium Center Sub Lot 15T Hanging C, LLC 1276 N. 15th Avenue, Suite 103 Bozeman MT 59715-3289Stadium Center Sub Lot 16Stadium Drive #16, LLC 1400 Black Bear Road Bozeman MT 59718-7891Stadium Center Sub Lot 17PDS, LLC 8190 Goldenstein Lane Bozeman MT 59715-6692W1/2NE4SW4 Sec 13 2S 5E 20 Ac James and Cecilia Ann Keifer518 S. 7th Avenue Bozeman MT 59715-4409COS 2728 Tract 2MSU Dept. of Agriculture P.O. Box 172860 Bozeman MT 59717-2860Minor Sub 371A Lot 2 Units AUniversity Way, LLC 2327 UNIVERSITY WAY STE 1 Bozeman MT 59715-6507Minor Sub 371A Lot 2 Unit BRichard C Clotfelter & Sean Gallinger 465 Greenridge Drive Bozeman MT 59715-7692Plat J-306 Remainder Tract A, and Allison Subdivision Phase 2 Tract A RemBon Ton Inc. P.O. Box 906 Bozeman MT 59771-0906SW4NW4 & NW4SW4 Less R/W Sec 24 2S 5E 78 AcAmerican Bank PO Box 1970 Bozeman MT 59771-1970Minor Sub 235 Lot 2HB Land & Construction, LLC 7067 S. 3rd Road Bozeman MT 59715-8303Minor Sub 235 Lot 1 Greg R. & Susan K. Gianforte1320 Manley Road Bozeman MT 59715-8779COS 1969 Tract 1Grace Bible Church Limited of Bozeman 3625 S. 19th Avenue Bozeman MT 59718-9108Minor Sub 191-B Lot 2A Ralph K. & Steven R. Aaker1461 Monroe Place Louisville CO 80027-1560COS 2008A Tract 1A19th Capital Group, LLC 19 Lariat Loop Bozeman MT 59715-9200Kagy Crossroads Sub Amend Blk 1 Lot 6D & S Amelia Properties Inc. 4300 S. Fletcher Avenue Amelia Island FL 32034-4318Page 1 of 2256
Legal Description Name 1 Name 2AddressCity State Zip CodeKagy Crossroads Sub Amended Block 1 Lots 4 & 5Stockman Bank of Montana P.O. Box 250 Miles City MT 59301-0250Remington Sub Lot 7Church of Christ of Bozeman 1825 W. Kagy Boulevard Bozeman MT 59715-6505Hawks Ridge Condominiums Tract A COS 573 Unit 1715 Don & Christine Lint406 Princeton Place Bozeman MT 59715-7186Hawks Ridge Condominiums Tract A COS 573 Unit 1717 Frank Poli & Cynthia Corio-Poli3560 Military Road Arlington VA 22207-4828Hawks Ridge Condominiums Tract A COS 573 Unit 1719 Randal T. Ryan & Debra A. Warner-Ryan929 825th Street Hagar City WI 54014-6353Hawks Ridge Condominiums Tract A COS 573 Unit 1721 Stephen & Jeanette Rutherford2500 Klondike Court Missoula MT 59808-9066Tract B COS 573YMA Properties 500 Concord Drive Bozeman MT 59715-7120Beattys Sub Tract 31 & Part W2 of Tract 11 (Parcel #4) Margaret AyersP.O. Box 1981 Bozeman MT 59771-1981Beattys Sub Tract 29 Ralph A. & Vanona F. OlsonPO BOX 1392 Bozeman MT 59771-1392Beattys Sub Part Tract 8 & a strip 4.25x100' plus Tract A Richard D. & Charlotte M. McKay916 Meagher Avenue Bozeman MT 59718-7066Beattys Sub Part of Tract 7 and a 4.25x100 strip Joseph M. & Marilyn Caprio1801 Willow Way Bozeman MT 59715-7303Tracts 1 & 2 (50%) COS 2661-ACheryl Boylan Boylan Farm and Ranch LLC 1550 W. Kagy Boulevard Bozeman MT 59715-6510Tracts 2 (50%) & 3 COS 2661-APeggy Easton167 COUGAR DR Bozeman MT 59718-8358Boylan Add No 1 Lot 1MJC/Kagy LLC32300 Frontage RoadBozeman MT 59715-8607Page 2 of 2257
Bozeman Community Plan Future Land Use Map February 2011 SUBJECT PROPERTY REMU Zoning Proposed 127 ACRES (CHURCH) NTS 258
Current Bozeman City Limits Map February 2011 SUBJECT PROPERTY REMU Zoning Proposed 127 ACRES (CHURCH) NTS 259
NTS COUNTY AS COUNTY AS (CHURCH) SUBJECT PROPERTY REMU Zoning Proposed Existing & Proposed Zoning Map February 2011 260
Aerial Photograph 1 [Photo from 2007] NTS SUBJECT PROPERTY REMU Zoning Proposed 261
Aerial Photograph 2 [Photo from 2008] NTS SUBJECT PROPERTY REMU Zoning Proposed 262
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South University District ZMA
1
RESOLUTION #Z-09242
RESOLUTION OF THE CITY OF BOZEMAN ZONING COMMISSION
RECOMMENDING APPROVAL OF AN APPLICATION TO AMEND THE CITY OF
BOZEMAN ZONING MAP TO ESTABLISH AN INITIAL ZONING DESIGNATION OF
REMU (RESIDENTIAL EMPHASIS MIXED USE DISTRICT) ON 126.96 ACRES
CONTINGENT UPON ANNEXATION OF SAID PROPERTY WHICH IS DESCRIBED
AS TRACT B OF COS 2661, EXCEPTING PARCEL 2 OF DOC. 2311126 IN THE
SW¼SW¼, S½SE¼SW¼ OF SECTION 13 AND THE N½NW¼ OF SECTION 24, T2S,
R5E, PMM, GALLATIN COUNTY, MONTANA.
WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map
pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and
WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps
if a public hearing is held and official notice is provided; and
WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct
a public hearing and submit a report to the City Commission for all zoning map amendment
requests; and
WHEREAS, the City of Bozeman Zoning Commission has been created by Resolution of
the Bozeman City Commission as provided for in Section 76-2-307, M.C.A.; and
WHEREAS, Chapter 18.70 of the Bozeman Unified Development Ordinance sets forth
the procedures and review criteria for zoning map amendments; and
WHEREAS, RTR Holdings II applied for a zoning map amendment, pursuant to Chapter
18.70 of the Bozeman Unified Development Ordinance, to amend the Bozeman zoning map to
establish an initial zoning designation of REMU (Residential Emphasis Mixed Use) for 126.96
acres;
WHEREAS, the proposed zoning map amendment request has been properly submitted,
reviewed and advertised in accordance with the procedures set forth in Chapter 18.70 of the
Bozeman Unified Development Ordinance and Title 76, Chapter 2, Part 3, M.C.A.; and
WHEREAS, the City of Bozeman Zoning Commission held a public hearing on May 3,
2011, to formally receive and review all written and oral testimony on the proposed zoning map
amendment; and
WHEREAS, two members of the public spoke at the public hearing; and
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WHEREAS, the members of the public commented on a written comment letter that was
submitted and with concerns regarding the noticing, zoning, public school capacity, future access
to the zoned area, and regarding water rights, Mandeville creek and viewsheds; and
WHEREAS, the Zoning Commission discussed and considered the public comment; and
WHEREAS, the Zoning Commission discussed the location, criteria, general
appropriateness of the zoning requested, compatibility with surrounding uses; and
WHEREAS, the City of Bozeman Zoning Commission finds that the proposed zoning
map amendment generally complies with the twelve criteria for consideration established in
Chapter 18.70 of the Bozeman Unified Development Ordinance; and
NOW, THEREFORE, BE IT RESOLVED that the City of Bozeman Zoning
Commission, on a vote of 3-0, officially recommends to the Bozeman City Commission approval
of zoning application #Z-09242 to amend the Bozeman zoning map to establish an initial zoning
designation of REMU (Residential Emphasis Mixed Use District) on 126.96 acres contingent
upon annexation of said property which is described as Tract B of COS 2661, excepting Parcel 2
of Doc. 2311126 in the SW¼SW¼, S½SE¼SW¼ of Section 13 and the N½NW¼ of Section 24,
T2S, R5E, PMM, Gallatin County, Montana subject to the following contingencies:
1. The ordinance for the Zone Map Amendment shall not be adopted until
the Resolution of Annexation is signed by the applicant and formally
approved by the City Commission. If the annexation is not approved, the
zone map amendment application shall be null and void.
2. The applicant shall submit a 24" x 36" mylar zone map titled "South
University District Zone Map Amendment;" 8½-inch x 11-inch, or 8½-
inch x 14-inch paper exhibit; and a digital copy of the area to be zoned,
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 and
zoning districts, total acreage of the property and each zoning district, and
adjoining rights-of-way and/or street access easements.
3. The ordinance for the Zone Map Amendment shall not be drafted until the
applicant provides a metes and bounds legal description prepared by a
licensed Montana surveyor and map of the area to be rezoned, which will
be utilized in the preparation of the ordinance to officially amend the zone
map.
DATED THIS DAY OF , 2011, Resolution #Z-09242
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_____________________________ ____________________________
Tim McHarg, Planning Director Edward Sypinski, Chairperson
Dept. of Planning & Community Development City of Bozeman Zoning Commission
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ZONING COMMISSION MINUTES
TUESDAY, MAY 3, 2011
ITEM 1. CALL TO ORDER AND ATTENDANCE
Chairperson Sypinski called the meeting to order at 7:00 p.m. and ordered the Recording
Secretary to take attendance.
Members Present:
Ed Sypinski, Chairperson
Nathan Minnick, Vice Chairperson
David Peck
City Commission Liaison
Chris Mehl
Members Absent:
Staff Present:
Tim McHarg, Planning Director
Brian Krueger, Associate Planner
Tara Hastie, Recording Secretary
Guests Present:
Bob Lee
Cordell Poole
Constance Dratz
Cheryl Boylan
Ralph Olsen
Vanona Olsen
ITEM 2. PUBLIC COMMENT {Limited to any public matter within the jurisdiction of the
Zoning Commission and not scheduled on this agenda. Three-minute time limit per speaker.}
Seeing there was no general public comment forthcoming, Chairperson Sypinski closed this
portion of the meeting.
ITEM 3. MINUTES OF MARCH 1, 2011
MOTION: Vice Chairperson Minnick moved, Mr. Peck seconded, to approve the minutes of
March 1, 2011 as presented. The motion carried 3-0. Those voting aye being Chairperson
Sypinski, Mr. Peck, and Vice Chairperson Minnick. Those voting nay being none.
ITEM 4. PROJECT REVIEW
1. Zone Map Amendment Application #Z-09242 – (South University District) A Zone Map
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Amendment requested by the owner and applicant, RTR Holdings II, 67 Village Drive, Ste.
206, Belgrade, MT 59714 and representatives Stahly Engineering & Associates, 7585
Shedhorn Dr., Bozeman, MT 59719 and Morrison Maierle, Inc., PO Box 1113, Bozeman, MT
59771, requesting to allow the establishment of the initial zoning classification of REMU
(Residential Emphasis Mixed Use District) contingent upon annexation on 126.96 acres
generally located at the Southeast Corner of the intersection of South 19th Avenue and West
Kagy Boulevard generally bound by future extensions of Stucky Road and South 11th Avenue,
and legally described as Tract B of COS 2661, excepting Parcel 2 of Doc. 2311126 in the
SW¼, SW¼, S½,SE¼,SW¼ of Section 13 and the N½, NW¼ of Section 24, T2S, R5E,
PMM, Gallatin County, Montana. (Krueger)
Associate Planner Brian Krueger presented the Staff Report and oriented them to the location in
concert with Chairperson Sypinski’s introduction of the proposal. He stated the applicant was
requesting concurrent annexation of the property and had requested an initial zoning designation
of Residential Emphasis Mixed Use which had been created over a two year time period and had
the same name as one of the City’s Growth Policy designations. He noted the adjacent zoning
districts and explained existing adjacent uses. He stated the REMU language had been included in
the packets distributed to the Zoning Commission members with the proposal. He stated it would
be meant to be a pedestrian place with a mix of uses just as the original City of Bozeman’s
community core. He stated the property owner had participated in the writing of the REMU
zoning district and been active in the process. He stated he would review the vicinity in more
depth as well as the long range land use designations in the vicinity. He noted there were more
traditional residential uses to the south and noted which general locations had lower density
zoning designations. He stated on the west side of Kagy and 19th was a land use designation of
Community Commercial Mixed Use and there were a mix of uses in the vicinity of the subject
property.
Planner Krueger directed the Zoning Commission to a color coded inventory of the actual uses as
they lay on the ground; he noted a property might be zoned for a specific thing, but the rendering
was depicting what actually exists. He listed adjacent land uses including administrative/
professional uses, daycares, community centers, banks, and offices as well as other uses further to
the south. He stated the parcel was uniquely cited to accommodate a mix of uses; he added that
from a single-household residence to a large office building may be allowed within the REMU
zoning district with future approvals. He directed the Zoning Commission to an aerial photo
depicting the subject property in context to surrounding uses and noted access to other parts of
the community would be available through the use of 11th Avenue, 19th Avenue, or the Galligator
Trail. He stated Staff recommended approval of the requested zoning district and noted the
applicant had provided a conceptual layout up front with the annexation request as opposed to
submitting the information following annexation approval. He stated the applicant had depicted a
potential park core area to support the residential uses on the site and noted other features that
had been included as a preliminary layout of the future subdivision of the parcel. He stated the
Parks Advisory Board had reviewed the conceptual layout and had expressed support of the
proposal. He stated planned subdivisions as well as expired subdivisions surrounding the site
were predominantly dominated by single household lots but had demonstrated how there was
significant and clustered planned parkland and how it would conceptually work with the proposed
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Mandeville Creek park corridor in the center of the conceptual layout for the proposal.
Planner Krueger stated there had been general concerns regarding the intensity of the district and
potential uses within. He stated the Development Review Committee had reviewed the proposal
and had provided a recommendation of approval. He noted the proposal was to be reviewed by
the City Commission on June 6, 2011. He stated Staff had done a thorough review of the criteria
for a Zone Map Amendment and found the proposal to be in keeping with the 12 review criteria
as set forth in the UDO. Vice Chairperson Minnick asked if there had been any participation with
the subdivisions to the south and southeast of the site. Planner Krueger responded notice had
been sent to both property owners which he thought were banks and Staff was anticipating the re-
submittal for the approval of those sites.
Mr. Peck asked if Planner Krueger would respond to some of the concerns in the letter of public
comment. Planner Krueger responded he had spoken with the gentleman at the counter several
times over the last two weeks and that he operated the Yellowstone Montessori Academy. He
stated the public comment included not adequately noticing the proposal though it had been
posted in the newspaper, on the website, via first class mail, and on the site itself; projects were
noticed equitably under the code. He stated the zoning application moving so quickly behind the
REMU District creation had been another concern, but the REMU District had been in discussion
and reviews for the last 2 years as well as had been included in articles in the newspaper; he added
that the applicants had been actively involved in the proposal to move it forward. He stated the
rebuttable presumption language included in the public comment had been included by the City of
Bozeman legal Staff and the City would not anticipate approving any development that would be
harmful to adjacent owners; the development should be in harmony citywide if the Planning
Department and City do their job. He stated that the gentleman made a good point that there was
no neighborhood and future uses might not be compatible with the existing uses and noted that
those uses would all be reviewed and noticed as development of the zoning district continued. He
stated the letter included concerns regarding maximum building height in REMU and there was
the potential for five story buildings with commercial and office uses, but specific findings would
need to be made to provide for the compatibility of those uses to adjacent residential uses. He
noted these were potentially scary things for people enjoying agriculture asa an adjacent property,
but Staff felt it was a good direction for the City to grow in. Mr. Peck added that most likely the
scary five story building wouldn’t work out as the proposal would be scrutinized in the future and
would most likely be a standalone building. Planner Krueger responded the Growth Policy
language was more geared to a large retail or office structure and there wasn’t a restriction in the
REMU that would prevent the owner from developing a large building in the first phase but it
would be very unlikely; he added it was a requirement to comply with all the intent statements of
the REMU ordinance language and other code provisions.
Mr. Mehl asked for clarification of when the REMU district had first been discussed and asked if
it was with regard to the update of the Growth Policy in 2007. Planner Krueger responded Mr.
Mehl was correct and noted the language had been well vetted and had included the participation
of the Planning Board and the public. Mr. Mehl thanked Planner Krueger for specifically
addressing each concern submitted as public comment.
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Chairperson Sypinski asked about the property that would not be developed as REMU. Planner
Krueger responded there was existing residences on the property that had not been interested in
participating in the annexation and zoning; an access to the site would be provided adjacent to
that site and those owners seemed to plan on living in that location for a long time.
Bob Lee, Morrison-Maierle, addressed the Zoning Commission and introduced Cordell Poole; he
noted Cordell had been working on the project forever. He stated Mr. Poole’s work on the
REMU District had been invaluable and thanked Planner Krueger for his work on the Staff
Report. He stated he had three simple points; the request was in compliance with the Growth
Policy, the proposal was appropriate for a transitional zone and would give the City oversight on
how the property built out over the years, and the submittal very crisply met the twelve review
criteria the proposal must be weighed against. He stated the theme of the public comment letter
seemed to be concerns about commercial development though the commercial would be located
in a fashion that the City would have a great deal of oversight on. He stated standalone buildings
would likely not occur with the first phase of the development as they would not be self sustaining
without residential components on the site though some retail development would be possible.
He stated subdivision and master site plan review would occur after the approval of the zoning
and annexation of the property. He reiterated that the proposal met the review criteria as set forth
in the ordinance.
Constance Dratz addressed the Zoning Commission noting she was the wife of the man who
submitted public comment. She asked if the City had planned another location for a public school
and asked where the children in the neighborhood would go to school. Chairperson Sypinski
responded the School Districts would provide an appropriate evaluation of the situation upon the
need for such and would determine the necessary method to provide for those students at the time
of subdivision of the property. Mrs. Dratz asked where the access to Kagy Avenue would be
located and noted she was concerned the entrance to their Academy would be compromised and
made unsafe for mothers delivering their children. Planner Krueger responded they were
uncertain of a specific location, but Engineering Staff would review any access against the
standards at the time of future development.
Cheryl Boylan addressed the Zoning Commission and stated she was concerned her well would
get drained and her water rights to Mandeville Creek might be compromised as she was the
existing residence. She stated she was concerned that her view would also be obstructed with the
construction of five story buildings.
Cordell Poole addressed the Zoning Commission. He stated there would be a mix of residential
uses and the main central corridor of the site would remain open; the closest section of the site
would need to be situated in such as way as to not provide impact to the adjacent properties. He
stated aesthetics would also be an important driving factor on the parcel. He stated the creek
would be maintained unchanged through the property though there may be issues since it would
be a park, but it was the developer’s intention not to cause any impacts to the water rights. He
stated there would be water right complications further to the south, but the site would be
unaffected. Ms. Boylan asked what would happen to Kagy Boulevard; would it be widened and
her trees removed. Mr. Mehl responded that he would explain what was planned for Kagy
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Boulevard after the Zoning Commission meeting. Chairperson Sypinski added that the widening
of Kagy Boulevard was not within the purview of the Zoning Commission.
Vice Chairperson Minnick stated he was overall supportive of the proposal and noted the Zoning
Commission had seen the REMU District more than once. He stated he felt the proposal met the
twelve review criteria as set forth in the ordinance and he felt the location was a good match for
the proposed zoning designation. He added the commercial aspects of the proposal would likely
more adequately support themselves at busy intersections and the site would transition well to
residential development.
Mr. Peck stated he felt the site was compatible with surrounding uses and would integrate well
with the mixed use to the south of the site. He stated he was supportive of the proposal and that it
met the requirements of the twelve review criteria.
Chairperson Sypinski listed the review criteria and noted that adequate streets were available to
support the development. He stated he felt the proposal to be in keeping with the twelve review
criteria as set forth in the ordinance. He stated there would be adequate public review of the
development with subsequent applications for the site. He added the public process had been a
long one and there had been ample time for members of the public to provide comment and
participate in the creation of the district. He stated most of those involved in the process brought
the decisions forward to develop the site as REMU for the last two years.
MOTION: Vice Chairperson Minnick moved, Mr. Peck seconded, to forward a recommendation
of approval to the City Commission for Zone Map Amendment Application #Z-09242 with Staff
contingencies and findings as outlined in the Staff report. The motion carried 3-0.
ITEM 5. NEW BUSINESS
Commissioner Mehl suggested the Zoning Commission find more members as he needed them
and would look for one himself if a new member was not found within one week.
Vice Chairperson Minnick suggested the Zoning Commission should investigate meeting an hour
earlier at 6:00 p.m. instead of 7:00 p.m. Mr. Mehl suggested discussing the idea with the
Planning Board.
Vice Chairperson Sypinski stated Mr. Lieb had resigned and that he appreciated Mr. Lieb’s time
served as a member of the Zoning Commission and all of his hard work in that capacity.
ITEM 6. ADJOURNMENT
The Zoning Commission meeting was adjourned at 8:09 p.m.
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Edward Sypinski, Chairperson Tim McHarg, Planning Director
Zoning Commission Dept. of Planning & Community Development
City of Bozeman City of Bozeman
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Bozeman Recreation & Parks Advisory Board
P.O. Box 1230 · Bozeman, MT · 59771
Annexation Review
PLANNER: Brian Krueger
FROM: Subdivision Review Committee
SUBJECT: South University District Annexation
REVIEWED ON: 4/8/2011
BACKGROUND:
· This is a proposal to annex ±127 acres on the southeast corner of 19th and Kagy, to be
zoned REMU, Residential Emphasis Mixed Use. Although no formal plans have been
put forth, the presumed development will be primarily student housing and commercial.
· The acreage is entirely within the current city limits
COMMENTS:
· The proposal calls for north-south trail system that runs along Mandeville Creek and an
east-west connector that would run between 14th and 17th Avenues.
· The North Park is located north of Stucky Road and will be developed in the
anticipated phase 1. Street frontage will be an issue here.
· South Park is located between the proposed 14th and 17th avenues. It will be bordered
on the south by the platted but as yet undeveloped Allison and Manedville parks. This
will create an aggregated park area in excess of 35 acres.
RECOMMENDATION:
· While the plans are necessarily vague at this time it is clear that the applicant has given
considerable thought to parkland development. The trail plans will provide good non-
vehicular transportation routes. The South Park location gives the opportunity to
aggregate parkland with two adjacent subdivisions. The committee supports the
proposal.
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