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HomeMy WebLinkAboutAnnexation Narrative 02-23-2021BUFFALO RUN ANNEXATIONBozeman, Montana February 2021 BUFFALO RUN ANNEXATION Bozeman, MT SHEET INDEX SUBMITTAL DOCUMENTS - COVER SHEET PAGE 1-3: A1 FORM PAGE 4-6: ANNX FORM PAGE 7-11: ANNX FORM: GOALS AND POLICIES ________________________________________ PAGE 12: PROJECT TEAM PAGE 13-14: PROJECT OVERVIEW PAGE 15: CONTEXT PLAN AND EXISTING CONDITIONS PAGE 16: URBAN FRAMEWORK PLAN PAGE 17: CONNECTIVITY PLAN PAGE 18: PARK AND OPEN SPACE PLAN PAGE 19-23: NARRATIVE CONTINUED BUFFALO RUN EXHIBITS - COVER SHEET PAGE 24: CONTEXT PLAN PAGE 25: URBAN FRAMEWORK PLAN PAGE 26: CONNECTIVITY PLAN PAGE 27: PARK AND OPEN SPACE PLAN PAGE 28: EXISTING LAND USE MAP PAGE 29: EXISTING ZONING MAP PAGE 30: POTENTIAL FUTURE LAND USE MAP PAGE 31: POTENTIAL FUTURE ZONING MAP SUPPLEMENTAL INFORMATION - COVER SHEET PAGE 32-43: PLATTING CERTIFICATE PAGE 44-47: ARTICLE OF ORGANIZATION PAGE 48: CERTIFICATE OF FACT OF GOOD STANDING PAGE 49-62: DEED PAGE 63-64: NOTARY DOCUMENTS PAGE 65: NOTICING CHECKLIST - N1 FORM PAGE 66-67: CVA (COVID FORM) PAGE 68-69: ADJACENT PROPERTY OWNERS BUFFALO RUN ANNEXATION Bozeman, MT SHEET INDEX- SUBMITTAL DOCUMENTS________________________________ PAGE 1-3: A1 FORMPAGE 4-6: ANNX FORMPAGE 7-11: ANNX FORM GOALS AND POLICIES PAGE 1 PAGE 2 PAGE 3 PAGE 4 PAGE 5 PAGE 6 BUFFALO RUN ANNEXATION Bozeman, MT PAGE 7 The vision and directives for Buffalo Run were developed and influenced by the Bozeman, MT 2020 Community Plan, including several factors related to the environment, community and the social considerations within the region. Outlined below are the integrated planning principles that have been incorporated into the program and conceptual master plan. These principles are to serve as a guide for all levels and elements of design, phasing and implementation. The integrated planning principles are as follows. SECTION ONE: GOALS 1. The City of Bozeman encourages annexations of land contiguous to the City. The Buffalo Run Parcel is located contiguous to the City. The Meadow Creek subdivision located to the east of the parcel and has been annexed to the City of Bozeman. 2. The City encourages all areas that are totally surrounded by the City to annex. The Buffalo Run parcels is not surrounded by the City, it is located within the future land use area map and is adjacent to the existing City boundary. 3. The City encourages all properties currently contracting with the City for City services such as water, sanitary sewer, and/or fire protection to annex. The Buffalo Run parcel currently utilizes well and septic with the intent to contract with the City for water, sanitary sewer and fire protection services upon annexation. 4. The City of Bozeman requires annexation of all land proposed for development lying within the existing and planned service area of the municipal water and sewer systems as depicted in their respective facility plans, any land proposed for development that proposes to utilize municipal water or sewer systems. City water and sewer is located north and east of the parcel within the existing Meadow Creek subdivision. The intent is to extend the existing utilities as required to serve the Buffalo Run project. A comprehensive storm water system will also be implemented. The Buffalo Run infrastructure improvements will also include installing a sanitary sewer mainline in Fowler Lane that will extend north to Stucky Road. 5. The City encourages annexations within the urban area identified on the future land use map in the current Bozeman Growth Policy. The future land use map in the Bozeman Community Plan, designates the subject property as Urban Neighborhood. Under the growth policy’s description of the Urban Neighborhood land use category it states “This category primarily includes urban density homes in a variety of types, shapes, sizes and intensities. Large areas of any single type of housing are discouraged. Complementary uses such as parks, home-based occupations, fire stations, churches, schools, and some neighborhood-serving commerce provide activity centers for community gathering and services. The Urban Neighborhood designation indicates that development is expected to occur within municipal boundaries. This may require annexation prior to development. Applying a zoning district to specific parcels sets the required and allowed density. Higher density residential areas are encouraged to be, but are not required or restricted to, proximity to commercial mixed use areas to facilitate the provision of services and employment opportunities without requiring the use of a car.” Buffalo Run is located adjacent to Fowler Lane which is proposed as a minor arterial. The Fowler Lane and Blackwood Rd intersection is located just south of the Buffalo Run parcel. It is anticipated that this intersection will be developed in the future to include residential/commercial centers and higher density residential. Enclosed is an exhibit (see Potential Land Use Pattern) illustrating a potential land use and zoning pattern for the Fowler Lane, Blackwood Rd and Stucky Rd. The proposed R-4 would be consistent with this growth pattern. 6. The City of Bozeman encourages annexations to make the City boundaries more regular rather than creating irregular extensions which leave unannexed gaps between annexed areas or islands of annexed or unannexed land. The annexation will result into in a regular shaped boundary that is contiguous to the existing City boundary. BUFFALO RUN ANNEXATION Bozeman, MT PAGE 8 7. The City of Bozeman encourages annexations which will enhance the existing traffic circulation system or provide for circulation systems that do not exist at the present time. As outlined above and illustrated on the enclosed connectivity exhibit (see Connectivity Plan), the intent is to extend the arterial and collector street grid network. This grid pattern will provide for additional connections including the extension of Kurk Drive to Fowler Lane. Improvements will also include extending Fowler Lane to Stucky Rd. and completing the South 27th Avenue segment that is located within the existing easement. Buffalo Run will utilize Kurk Drive and Fowler Lane for access. These streets are interconnected with the grid network that has been established southwest quadrant of the City. This network will provide alternative routes and further disperse traffic. As the north and south parcels are developed, provisions have been incorporated in the plan to provide additional connections and access alternatives. As illustrated on the urban framework plan, Kurk Drive is proposed to extend to Fowler Lane. This interconnected network of streets and walkable block configuration will reinforce a multi-modal transportation program that will include bicycle, pedestrian, vehicle, and transit mobility alternatives. The City prefers annexation of parcels of land larger than five (5) acres in size but will allow annexation of smaller parcels if factors such as topographic limitations, sanitary disposal needs, fire access, maintenance of public facilities, etc., justify a smaller annexation. The Buffalo Run parcel is approximately 20.3 acres. 8. The City seeks to obtain water rights adequate for future development of the property with annexation. Buffalo Run is willing to transfer usable water rights. 9.The City of Bozeman encourages annexations for City provision of clean treated water and sanitary sewer. Buffalo Run is proposed to be connected to the City water and sewer system. SECTION TWO: POLICIES 1. Annexations must include dedication of all easements for rights-of-way for collector and arterial streets, adjacent local streets, public water, sanitary sewer, or storm or sewer mains, and Class I public trails not within the right of way for arterial or collector streets. Annexations must also include waivers of right to protest the creation of special or improvement districts necessary to provide the essential services for future development of the City. The applicant agrees to dedicate the Fowler Lane right-of-way required to accommodate a 3-lane collector section. This right-of-way and 10’ public utility easement will be dedicated at the time of Annexation approval. The applicant waives the right to protest the creation of special or improvement districts necessary to provide the essential services for future development of the City. The applicant requests the City to prepare the Annexation Agreement for concurrent review with this submittal, in lieu of subsequent City Commission review. The applicant will work with the City Staff to ensure appropriate easement, right-of-way, and necessary rights of protest are secured in the Annexation Agreement prior to the City Commission hearing. 2. Issues pertaining to master planning and zoning must be addressed prior to or in conjunction with the application for annexation. Bozeman’s Unified Development Code, 38.700.404, defines compatible development as “The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and objectives of the city’s adopted growth policy. Elements of compatible development include, but are not limited to, variety of architectural design; rhythm of architectural elements; scale; intensity; materials; building siting; lot and building size; hours of operation; and integration with existing community systems including water and sewer services, natural elements in the area, motorized and non-motorized transportation and open spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design, density or use.” BUFFALO RUN ANNEXATION Bozeman, MT PAGE 9 Compatible land use is as “A land use which may by virtue of the characteristics of its discernible outward effects exist in harmony with an adjoining land use of differing character. Effects often measured to determine compatibility include, but are not limited to noise, odor, light and the presence of physical hazards such as combustible or explosive materials.” The growth policy supports providing a variety of housing options near services, employments opportunities, and transportation options. The proposed R-4 amendment will enable higher residential densities in an area that is located within proximity of the Montana State University and the business campus located to the northeast. As noted, the current housing type within this quadrant is primarily single family detached. Providing alternative housing in the area will enhance the housing options for what currently is a multidimensional population. Expanding the Meadow Creek park and providing additional open space, trail connection and recreational opportunities further reinforces the livability and sense of community. Creating additional gathering areas also provides and fosters community compatibility. As noted above, the future growth pattern that is envisioned to occur along the Fowler Lane corridor and at the intersection of Blackwood Rd will further enhance compatibility. It is anticipated that additional zone classifications such as R-O, R-4 and R-5 will be located along the Fowler Lane corridor. 3. The application for annexation must be in conformance with the current Bozeman Growth Policy. If a Growth Policy Amendment is necessary to accommodate anticipated uses, the amendment process must be initiated by the property owner and completed prior to any action for approval of the application for annexation. The future land use map in the Bozeman Community Plan, designates the subject property as Urban Neighborhood. Under the growth policy’s description of the Urban Neighborhood land use category it states “This category primarily includes urban density homes in a variety of types, shapes, sizes and intensities. Large areas of any single type of housing are discouraged. In limited instances, an area may develop at a lower gross density due to site constraints and/or natual features such as floodplains or steep slopes. Complementary uses such as parks, home-based occupations, fire stations, churches, schools, and some neighborhood-serving commerce provide activity centers for community gathering and services. The Urban Neighborhood designation indicates that development is expected to occur within municipal boundaries. This may require annexation prior to development. Applying a zoning district to specific parcels sets the required and allowed density. Higher density residential areas are encouraged to be, but are not required or restricted to, proximity to commercial mixed use areas to facilitate the provision of services and employment opportunities without requiring the use of a car.” The Fowler Lane and Blackwood Rd intersection is located just south of the Buffalo Run parcel. It is anticipated that this intersection will be developed in the future to include residential/commercial centers and higher density residential. Enclosed is an exhibit (see Potential Land Use Pattern) illustrating a potential land use and zoning pattern for the Fowler Lane, Blackwood Rd and Stucky Rd. The proposed R-4 would be consistent with this growth pattern. A Growth Policy Amendment is not required with this application. 4. Initial zoning classification of the property to be annexed will be determined by the City Commission, in compliance with the Bozeman Growth Policy and upon a recommendation of the City Zoning Commission, simultaneously with review of the annexation petition. The proposed R-4 zone map amendment will encourage the most appropriate use of land as the growth policy designates the property as “Urban Neighborhood,” which the proposed R-4 designation will implement. The City is in need of additional housing to accommodate current and projected demand including housing required for the Oracle Campus. To meet this demand a variety of housing options near services, employment centers, and transportation options are needed. This zone map amendment will help address this need by allowing for higher residential densities. BUFFALO RUN ANNEXATION Bozeman, MT PAGE 10 5. The applicant must indicate their preferred zoning classification as part of the annexation petition. The proposed R-4 zone amendment is requested. 6. Fees for annexation processing will be established by the City Commission. The applicant will pay the required processing fees. 7. It is the policy of the City that annexations will not be approved where unpaved county roads will be the most commonly used route to gain access to the property unless the landowner proposes a method to provide for construction of the road to the City’s street standards. As outlined above and illustrated on the enclosed connectivity exhibit (see Connectivity Plan), the intent is to extend the arterial and collector street grid network. This grid pattern will provide for additional connections including the extension of Kurk Drive to Fowler Lane. Improvements will also include extending Fowler Lane to Stucky Rd. and completing the South 27th Avenue segment that is located within the existing easement. Buffalo Run will utilize Kurk Drive and Fowler Lane for access. These streets are interconnected with the grid network that has been established southwest quadrant of the City. This network will provide alternative routes and further disperse traffic. As the north and south parcels are developed, provisions have been incorporated in the plan to provide additional connections and access alternatives. As illustrated on the urban framework plan, Kurk Drive is proposed to extend to Fowler Lane. This interconnected network of streets and walkable block configuration will reinforce a multi-modal transportation program that will include bicycle, pedestrian, vehicle, and transit mobility alternatives. 8. Prior to annexation of property, the City will require the property owner to acquire adequate and usable water rights, or an appropriate fee in lieu thereof, in accordance with Section 38.410.130 of the municipal code, as amended. Buffalo Run will transfer usable water rights or pay the appropriate fees. 9. Infrastructure and emergency services for an area proposed for annexation will be reviewed for the health, safety and welfare of the public and conformance with the City’s adopted facility plans. If the City determines adequate services cannot be provided to ensure public health, safety and welfare, the City may require the property owner to provide a written plan for accommodation of these services, or the City may reject the petition for annexation. Additionally, the parcel to be annexed may only be provided sanitary sewer service via the applicable drainage basin defined in the City Wastewater Collection Facilities Plan. It is the intent for Buffalo Run to be served by City emergency services, including police and fire. Existing water and sanitary sewer lines are located directly east of the Buffalo Run parcel. 10. The City may require annexation of any contiguous property for which city services are requested or for which city services are currently being provided. In addition, any person, firm, or corporation receiving water or sewer service outside of the City limits is required as a condition of initiating or continuing such service, to consent to annexation of the property serviced by the City. The City Manager may enter into an agreement with a property owner for connection to the City’s sanitary sewer or water system in an emergency conditioned upon the submittal by the property owner of a petition for annexation and filing of a notice of consent to annexation with the Gallatin County Clerk and Recorder’s Office. The contract for connection to city sewer and/or water must require the property owner to annex or consent to disconnection of the services. Connection for purposes of obtaining City sewer services in an emergency requires, when feasible as determined by the City, the connection to City water services. City water and sewer is located north and east of the parcel. The intent is to extend the existing utilities as required to serve the Buffalo Run project. The Buffalo Run infrastructure improvements will also include installing a sanitary sewer mainline in Fowler Lane that will extend north to Stucky Road. BUFFALO RUN ANNEXATION Bozeman, MT PAGE 11 11. The annexation application shall be accompanied by mapping to meet the requirements of the Director of Public Works. Where an area to be annexed can be entirely described by reference to a certificate of survey or subdivision plat on file with the Gallatin County Clerk and Recorder. Annexation and zone map maps are enclosed with this application. 12. The mapping may be waived by the Director of Public Works. An annexation and zone map are enclosed with this application. 13. The City will assess system development/impact fees in accordance with Montana law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code. The applicant shall pay applicable and required development fees. 14. Public notice requirements: Notice for annexation of property must be coordinated with the required notice for the zone map amendment required with all annexation. The zone map amendment notice must contain the materials required by 38.220.410, BMC. Zone Map Amendment Noticing has been provided as required by 38.220, 140 is enclosed with this application. 15. Annexation agreements must be executed and returned to the City within 60 days of distribution of the annexation agreement by the City, unless another time is specifically identified by the City Commission. An annexation agreement will be prepared and executed as outlined above. 16. When possible, the use of Part 46 annexations is preferred. The Part 46 annexation has been noted. 17. Where a road improvement district has been created, the annexation does not repeal the creation of the district. The City will not assume operations of the district until the entirety of the district has been annexed. Any funds held in trust for the district will be used to benefit the district after transfer to the City. Inclusion within a district does not lessen the obligation to participate in general city programs that address the same subject. The Buffalo Run parcel is not currently located within a road improvements district. 18. The City will notify the Gallatin County Planning Department and Fire District providing service to the area of applications for annexation. It is acknowledged that the Gallatin County Planning Department and Fire District will be referred to for providing the respective services. 19. The City will require connection to and use of all City services upon development of annexed properties. The City may establish a fixed time frame for connection to municipal utilities. Upon development, unless otherwise approved by the City, septic systems must be properly abandoned and the development connected to the City sanitary sewer system. Upon development, unless otherwise approved by the City, water wells on the subject property may be used for irrigation, but any potable uses must be supplied from the City water distribution system and any wells disconnected from structures. The property owner must contact the City Water and Sewer Superintendent to verify disconnects of wells and septic systems. It is the intent to connect the Buffalo Run parcel to City water and sewer services. The existing septic system will be abandoned upon sewer being extended and activated. Coordination with the City Water and Sewer Superintendent to verify disconnects of wells and septic systems will be completed. BUFFALO RUN ANNEXATION Bozeman, MT Land Planning  Landscape Architecture  Real Estate Feasibility  Development Consulting V: 303.893.4288 F: 303.893-6792  475 West 12th Avenue, Suite E, Denver, Colorado 80204  www.vogelassoc.com Buffalo Run Project Team The following is an outline of the Buffalo Run project team. Owner/Developer: Buffalo Run Bozeman, LLC 5400 Fowler Lane Bozeman, MT. 59718 Contact: Derek Williams Phone: (303) 887-4045 Email: derek@bridgerdevelop.com Planner and Landscape Architect: Vogel & Associates, LLC 475 W. 12th Avenue, Suite E Denver, CO. 80204 Contact: Jeffrey Vogel, AICP Phone: (303) 893-4288 Email: jvogel@vogelassoc.com Architect: Intrinsik Architecture, Inc. 111 North Tracy Avenue Bozeman, MT. 59715 Contact: Robert Pertzborn, AIA Phone: (406) 582-8988 Email: rpertzborn@intrinsikarchitecture.com Ivins Design, LLC 7373 E. Ellsworth, Ave Denver, CO. 80209 Contact: Bruce Ivins, AIA Phone: (303) 829-0308 Email: ivinsdesign@comcast.net Civil Engineer and Survey: Morrison-Maierle 2880 Technology Blvd. W Bozeman, MT. 58718 Contact: Matt Ekstrom, PE Phone: (406) 922-6784 Email: mekstrom@m-m.net Legal: Swimley Law 1807 W. Dickerson, Unit B Bozeman, MT. 58718 Contact: Susan B. Swimley Phone: (406) 586-5544 Email: swimley@swimleylaw.com PAGE 12 BUFFALO RUN ANNEXATION Bozeman, MT PAGE 13 Project Overview Project Vision Buffalo Run is envisioned to be a residential community that will provide enduring value to the City of Bozeman and the region. A cohesive residential community and urban framework plan that is grounded in a constant set of integrated planning principles. The vision and directives for Buffalo Run were developed and influenced by the Bozeman, MT 2020 Community Plan, including several factors related to the environment, community and the social considerations within the region. Outlined below are the integrated planning principles that have been incorporated into the program and conceptual master plan. These principles are to serve as a guide for all levels and elements of design, phasing and implementation. The integrated planning principles are as follows. Principle One: Enhance community networks and open space. Principle Two: Identify and sustain green infrastructure. Principle Three: Protect environmental systems. Principle Four: Establish a diversity of housing types. Principle Five: Enhance Community connectivity. The above principles are consistent with City of Bozeman Community Plan principles including establishing cohesive neighborhoods that creates a sense of place. Other principles include preserving natural amenities and incorporating appropriate urban densities that are consistent with the directives above and the enclosed urban framework plan. Buffalo Run is also envisioned and planned to advance the vision statements and goals within the Seven Themes outlined in the Bozeman Community Plan 2020. This includes incorporating a diversity of housing to the area as required to support an “Innovative Economy” and “balanced” community. A. Theme 3 - A City bolstered by Downtown and complementary districts Goal DCD-3: “Ensure multimodal connectivity within the City.” Theme 5 - A City that prioritizes accessibility and mobility choices Goal M-1, M-2: “Ensure multimodal accessibility. Ensure multimodal safety.” Buffalo Run is planned as a neighborhood that is configured within a development pattern that includes interconnected pedestrian-oriented streets, walkable blocks and a central open space system. Consistent with the City master plan objectives, this interconnected network of streets and walkable block configuration will reinforce a multi-modal transportation program that will include bicycle, pedestrian, vehicle, and transit mobility alternatives. A hierarchy of parks are programed to serve as human-scaled gathering areas. B. Theme 2 - A City of Unique Neighborhoods Goal N-1.5: “Encourage neighborhood focal point development with functions, activities, and facilities that can be sustained over time. Maintain standards for placement of community focal points and services with new development.” Buffalo Run is configured to include a variety of focal points that will foster community gathering and social interaction. This includes the enlarged Meadow Creek Park and proposed community amenities. The central pedestrian street corridor creates a visual and physical connection to the community center, ponds and park. This central amenity area serves as the focal point of the project. Other architectural elements and landmarks may be incorporated into the respective spaces. BUFFALO RUN ANNEXATION Bozeman, MT PAGE 14 C. Theme 4 - A City influenced by our natural environment , parks and open lands Goal EPO-1: “Prioritize strategic acquisition of parks to provide a variety of recreational opportunities throughout the city.” Buffalo Run is planned to include a hierarchy of open space areas that accommodate a variety of active and passive recreation uses. These spaces also serve as community focal points and gathering areas. This program will include providing for an enlarged Meadow Creek Park that will serve as a primary amenity for the existing Meadow Creek and proposed Buffalo Run neighborhood. The existing single-family home located within the east quadrant of the property will be re-purposed into a community clubhouse. The grounds surrounding the clubhouse may include a meandering trail around the enhanced ponds and gardens to support culinary programming and events. This facility will include a multi-purpose room, fitness center, pool and other amenities. D. Theme 2 A City of unique neighborhoods Goal N-1.1: “Promote housing diversity, including missing middle housing.” Buffalo Run is proposed to provide alternative housing types to a quadrant of the City that currently has been developed predominantly as single family detached. A diverse housing program within the Buffalo Run community will include a mix of for-sale and for rent product ranging from 1 bedroom to 3 bedrooms. The diversity in unit sizes will allow for young singles or professionals while the larger units offer options for families and retirees. The mix of for-sale and for rent product provides residents a variety of financial options and opportunities for home ownership at reasonable market rates. E. Theme 2 - A City of unique neighborhoods Goal N-1.11: “Enable a gradual and predictable increase in density in developed areas over time.” Rezoning the Buffalo Run parcel to R-4 will allow for a variety of housing to be implemented to accommodate a multi-generational and dimensional population. F. Theme 6 - A City powered by its creative, innovative and entrepreneurial economy Goal EE-1: “Promote the continued development of Bozeman as an innovative and thriving economic center.” Allowing for a diverse housing program/stock accommodates a more diverse and multi-income population. A reliable and diverse housing program is required to support employment generators including educational facilities. G. Theme 3 - A City bolstered by Downtown and complementary districts Goal DCD-1, DCD-2: “Support urban development within the City. 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.” Buffalo Run is located within an area that is projected for urban development within the City. It is anticipated that this area will be planned to include a variety of land uses and zone classifications. The projected growth pattern will support a variety of non-residential and residential land uses that will further reinforce the theme of create a city of unique neighborhoods that will include a diversity of housing. Within the immediate context of a large single-family housing stock, the project is projected to have for-sale and for rent housing alternatives. These housing options will assist in addressing the needs of residents and employees of Montana State University and the proposed community commercial mixed use areas that are designated to be built within this quadrant of the city. H. Theme 2 - A City of unique neighborhoods Goal N-3: “Promote a diverse supply of quality housing units.” Buffalo Run and proposed zoning has the ability to provide much needed alternative housing choices. BUFFALO RUN ANNEXATION Bozeman, MT PAGE 15 Context Plan and Existing Conditions Buffalo Run is located on approximately 20.3 acres that is located within unincorporated Gallatin County. Enclosed is a context plan for your reference. This 20.3 acres is located within the urban services boundary, on the southwest edge of the City of Bozeman. It is within proximity of other residential communities including the Meadow Creek and Southbridge neighborhoods that are located to the east. Other non-residential and educational uses within proximity of the Buffalo Run project include Montana State University and the existing business campus located to the northeast. The site is located within an Opportunity Zone which are areas designated for growth and development. The property is defined by Fowler Lane on the west and the Ainsworth Park and Meadow Creek neighborhood on the east. Undeveloped parcels currently utilized for agriculture are located on the north and south side of the Buffalo Run parcel. The Buffalo Run parcel is currently zoned Agricultural Suburban within the County providing for predominantly agricultural land uses. Parcels located on the north, west and south are zoned Agriculture Suburban. This parcel has historically been utilized for agricultural purposes. A single-family detached home and accessory structure is located within the northwest corner of the site. The Meadow Creek subdivision is located within the City of Bozeman and is zoned R3. Existing site characteristics includes gentle topography that includes expansive vistas to the surrounding mountains. Vegetation consists of predominantly grasslands and small clusters of trees that are located adjacent to the existing single-family home. An irrigation ditch transcends west to the central north section of the property. The irrigation ditch connects to a terraced pond system that is located within the northwest quadrant of the site. It has been confirmed that this irrigation system is not a designated water course. Currently access to the site is provided via Fowler Lane that is an unpaved road. Fowler Lane is designated as a future minor arterial. Kurk Drive is a paved street that also provides access at the northeast corner of the site. The project intends to make Fowler Lane and Kurk Drive the primary access to the project. Existing utilities on the site include electric and water via a well that are utilized for the existing home. Existing City water and sewer mains with capacity are located east of the parcel within the Meadow Creek subdivision. BUFFALO RUN ANNEXATION Bozeman, MT PAGE 16 Urban Framework Plan This proposed amendment and urban framework plan promotes public health, safety and the general welfare of the community. A significant component of the plan includes establishing an urban framework plan that reinforces community goals with regards to establishing land uses and housing that will provide for a sustainable and innovative community. Planning objectives also include enhancing regional and community connectivity for pedestrian and transportation vehicles including mass transit. The framework also provides for additional parks and open space including enlarging the existing Meadow Creek park. CONCEPTUAL URBAN FRAMEWORK PLAN BUFFALO RUN ANNEXATION Bozeman, MT PAGE 17 Connectivity The proposed zoning and urban framework plan will provide for fire and other emergency vehicles. This proposed amendment and urban framework work plan provides two points of access as outlined in the narrative below. The enclosed connectivity plan illustrates proposed vehicle, bicycle and pedestrian connections. This includes utilizing open space, parks and pedestrian oriented streets to provide connections within and adjacent to the Buffalo Run project. Streets are configured to reinforce the urban grid that is envisioned for Bozeman and the region. This includes integrating and improving the arterial and collector network system. The street configuration is aligned to extend Kurk Drive to Fowler Lane and the adjacent street network including proposed north/south connections that may be constructed in the future. Fowler Lane will be extended to Stucky Road. Other improvements include completing the South 27th Avenue segment that is located within the existing easement. This street network provides for walkable blocks that will provide alternative pedestrian, bicycle and vehicle routes. The grid will further disperse traffic and provides a safe corridor for pedestrians. As illustrated on the enclosed exhibits, both public and private pedestrian-oriented streets are configured to connect with the open space and park system. The intent is to provide community and regional users alternative routes to access the park and trail amenities. This network will further be enhanced as the adjacent framework is developed in the future. The framework plan and park also proposes extending the Meadow Trail to the west to the future Fowler Lane minor arterial. CONCEPTUAL CONNECTIVITY PLAN BUFFALO RUN ANNEXATION Bozeman, MT PAGE 18 Parks and Open Space The Buffalo Run framework plan incorporates a comprehensive parks and open space system. As illustrated on the parks and open space plan, there is a hierarchy of spaces that have been configured within the plan. This open space program includes active play areas, passive open space and trail corridors. Pedestrian oriented streets and trail corridors connect parks and open space areas. As illustrated on the attached, up to 2.6 acres of the parkland is to be dedicated to the existing public Meadow Creek Park exceeding the required public land dedication. In addition to increasing the size of the public park, additional improvements to the park are also proposed that may include sport courts other recreation amenities. Specific elements are to be located to provide access and use for both the Buffalo Run and Meadow Creek neighborhoods and city residents. Upon further review with the parks department, specific program elements to be included in the park will be finalized. Located on the west side of the Buffalo Run neighborhood is existing seasonal terraced pond system that is being utilized to serve as a passive park area that will include a looped trail system, benches and other site elements. The clubhouse will serve as a community gathering space and may include a multi-purpose room, fitness facility and pool. The 30’ trail corridor provides a pedestrian connection to the adjacent north and south parcels that also includes access to the extended Meadow Trail. CONCEPTUAL PARKS AND OPEN SPACE PLAN BUFFALO RUN ANNEXATION Bozeman, MT PAGE 19 Infrastructure, Utilities and Public Facilities In addition to the transportation network described above, City water and sewer services will be incorporated into the community. This will include extending central water and sewer from the Meadow Creek subdivision. The Buffalo Run infrastructure improvements will also include installing a sanitary sewer mainline in Fowler Lane that will extend north to Stucky Road. Other utilities including natural gas and electric will also be extended to the parcel. Renewable energy alternatives are also being considered and evaluated. Meadow Creek Park and proposed trail corridors will be provided for public use. Public access will also be provided to the community open space area surrounding the clubhouse. Land Use and Zoning The proposed zoning is in accordance with City growth policies. In keeping with the principles and directives outlined above, the Buffalo Run development plan is proposed to include multi-household residential housing that will offer both “for sale” and rental housing choices. Incorporating multi-household residential within this area of the City will create additional housing diversity. Providing housing for different income levels and demographic groups is a critical component in establishing a sustainable and multi-dimensional community. As illustrated on the City of Bozeman General Land Use Plan, the southern quadrant of the City is predominantly comprised of single-household detached units with isolated pockets for multi-household residential. As the southwest quadrant of the City continues to urbanize, the intent is to provide additional locations that can accommodate a diverse housing stock and contribute to the character of the District that is envisioned for this area. This land use pattern will reinforce more compatible urban growth within the southwest quadrant of the City. Given that Fowler Lane is designated as a minor arterial, it is anticipated that this corridor will be urbanized to include residential and mixed land use designations that will be compatible and complimentary with the proposed R-4 zoning and higher density residential. As illustrated on the attached land use exhibit, it is anticipated that future growth along Fowler Lane and other collectors and arterials will include more broad land use classifications with zoning that will support more mixed use and higher density residential. Buffalo Run’s proximity to the University and existing nearby business campus located to the northeast provides an opportunity for workforce and young professionals. A multi-household development program is contemplated to include one-bedroom, two-bedroom and three-bedroom units. Utilizing the framework that has been established with the plan, all residents will have convenient access to community and regional amenities. The intent is to annex the parcel into the City of Bozeman utilizing a zoning classification of R-4. This zoning classification will allow for the multi-household residential that will include a minimum net density of 8 dwelling units per acre. This proposed zoning does not adversely affect other potential zone districts that may be designated for the parcels located to the north and south of the Buffalo Run parcel. The urban framework plan reflects principles, standards and patterns that integrate with the existing neighborhood and future urban growth areas. BUFFALO RUN ANNEXATION Bozeman, MT PAGE 20 Annexation The intent is to annex the 20.3 acres parcel to the City of Bozeman. Enclosed is the application including the checklist that addresses items 1-2. Outlined below are responses to items 3-9. 3. Is the property is currently in agricultural use please identify current crops/conditions Response: The area adjacent to the existing house is comprised of turf. Native grasses are located on the balance of the site. 4. Number of residential units existing on the property? Response: There is one single family structure located on the west side of the property. 5. Number and type of commercial structures on the property? Response: No commercial structures are located on the property. An accessory agriculture building is located on the site. 6. Estimate of existing population on the property? Response: The existing home is currently accommodating two adults. 7. Assessed value of the property? Response: Assessed Value $2,200,000. 8. Existing on-site facilities and utilities (gas, power, telephone, cable, septic systems, wells)? Response: Utilities that including electric, gas, power, telephone, cable, a septic system and a well is provided for the existing house. Zone Map Amendment Approval Criteria As outlined on the enclosed application, the intent is to amend the zone map to include the R-4 zone classification. Outlined below is a summary of the review criteria for this zoning amendment. A. Be in accordance with a growth policy. The future land use map in the Bozeman Community Plan designates the subject property as Urban Neighborhood. Under the growth policy’s description of the Urban Neighborhood land use category it states “This category primarily includes urban density homes in a variety of types, shapes, sizes and intensities. Large areas of any single type of housing are discouraged. In limited instances, an area may develop at a lower gross density due to site constraints and/or natural features such as floodplains or steep slopes. Complementary uses such as parks, home-based occupations, fire stations, churches, schools, and some neighborhood-serving commerce provide activity centers for community gathering and services. The Urban Neighborhood designation indicates that development is expected to occur within municipal boundaries. This may require annexation prior to development. Applying a zoning district to specific parcels sets the required and allowed density. Higher density residential areas are encouraged to be, but are not required or restricted to, proximity to commercial mixed use areas to facilitate the provision of services and employment opportunities without requiring the use of a car.” Buffalo Run is located adjacent to Fowler Lane which is proposed as a minor arterial. The Fowler Lane and Blackwood Rd intersection is located just south of the Buffalo Run parcel. It is anticipated that this intersection will be developed in the future to include residential/commercial centers and higher density residential. Enclosed is an exhibit (see Potential Zoning Pattern Analysis) illustrating a potential land use and zoning pattern for the Fowler Lane, Blackwood Rd and Stucky Rd. The proposed R-4 would be consistent with this growth pattern. B. Security, safety from fire and other dangers. Buffalo Run will be served by City emergency services, including police and fire. The proposed street network will provide multiple routes and access points for emergency vehicles. C. Promote public health, public safety, and general welfare. The Buffalo Run project will require site plan review and compliance with the City’s Unified Development Code which ensures the promotion of public health, safety and general welfare. This proposed plan allows for additional housing alternatives and provides significant public parks and open space. BUFFALO RUN ANNEXATION Bozeman, MT PAGE 21 D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. Buffalo Run includes a street network that will enhance regional and community connectivity. This network includes extensions to the existing street system and to Fowler Lane. The proposed network will expand to the City arterial and collector system. Incorporating a gridded configuration of streets provide alternative routes and dispersed traffic. City water and sewer is located east of the parcel. The intent is to extend the existing utilities as required to serve the Buffalo Run project. The Buffalo Run infrastructure improvements will also include installing a sanitary sewer mainline in Fowler Lane that will extend north to Stucky Road. A comprehensive storm water system will also be implemented. The Buffalo Run project proposed expanding the Meadow Creek Park and incorporating additional recreational facilities. Other public open space and parks are included in the plan providing for a variety of gathering and recreation alternatives. E. Reasonable provision of adequate light and air. A framework has been configured to encourage walk-ability and convenient access to open space and amenities. Buildings are proposed to be located and oriented to provide an architectural edge along streets and open space. Architecture is to be designed that will include open floor plans and facades that will reinforce cross-ventilation. Doors and windows are to be incorporated to reinforce light and air circulation. F. The effect on motorized and non-motorized transportation systems. As outlined above and illustrated on the enclosed connectivity exhibit (see Connectivity Plan), the intent is to extend the grid network of streets. This grid pattern will provide for additional connections including the future extension of Kurk Drive and Stucky Road via Fowler Lane. These streets are interconnected with the grid arterial and collector network that has been established. This network will provide alternative routes and further disperse traffic. As the north and south parcels are developed, provisions have been incorporated in the plan to provide additional connections and access alternatives. This interconnected network of streets and walkable block configuration will reinforce a multi-modal transportation program that will include bicycle, pedestrian, vehicle, and transit mobility alternatives. As illustrated on the urban framework plan, Kurk Drive is proposed to extend to Fowler Lane. Fowler Lane is designed to extend to Stucky Road. While higher residential density on the properties, would result in an increase in vehicle trips, the increase would be minimal and have a negligible impact on the overall motorized transportation system. Public and private streets are designed to provide pedestrian walks on both sides of the street. The 30’ open space corridor located within the center of the property also includes a pedestrian walk. Buffalo Run will also provide for an extension of the Meadow Trail regional trail system. As a result of the above factors, the proposed zone map amendment is not anticipated to have a negative effect on the motorized or non-motorized transportation systems. BUFFALO RUN ANNEXATION Bozeman, MT PAGE 22 G. Promotion of compatible urban growth. Bozeman’s Unified Development Code, 38.700.404, defines compatible development as “The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and objectives of the city’s adopted growth policy. Elements of compatible development include, but are not limited to, variety of architectural design; rhythm of architectural elements; scale; intensity; materials; building siting; lot and building size; hours of operation; and integration with existing community systems including water and sewer services, natural elements in the area, motorized and non-motorized transportation and open spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design, density or use.” Compatible land use is as “A land use which may by virtue of the characteristics of its discernible outward effects exist in harmony with an adjoining land use of differing character. Effects often measured to determine compatibility include, but are not limited to noise, odor, light and the presence of physical hazards such as combustible or explosive materials.” The growth policy supports providing a variety of housing options near services, employments opportunities, and transportation options. The proposed R-4 amendment will enable higher residential densities in an area that located within proximity of the Montana State University and the business campus located to the northeast. As noted, the current housing type within this quadrant is primarily single family detached. Providing alternative housing in the area will enhance the housing options for what currently is a multidimensional population. Expanding the Meadow Creek park and providing additional open space, trail connection and recreational opportunities further reinforces the livability and sense of community. Creating additional gathering areas also provides and foster community compatibility. As noted above, the future growth pattern that is envisioned to occur along the Fowler Lane corridor and at the intersection of Blackwood Rd will further enhance compatibility. It is anticipated that additional zone classifications such as R-O, R-4 and R-5 will be located along the Fowler Lane corridor. H. Character of the district. The proposed amendment to R-4 would allow for higher residential densities. As the immediately surrounding area is primarily residential or undeveloped, the addition of offices, restaurants, and/or retail could be perceived as changing the character of the district. As noted, these uses are envisioned to occur as this area of the City including the Fowler Lane corridor is urbanized. I. Peculiar suitability for particular uses. The Buffalo Run property is located within an area and adjacent to a major street network that is projected to be urbanized. As noted, the R-4 district allows for greater residential densities. All non-residential uses in the R-4 district are to be secondary to residences. As a result, the allowed uses in the R-4 district are suitable for this site as the area would remain primarily residential. J. Conserving the value of buildings. The R-4 designation allows for high density mixed-use residential development, the Bozeman Unified Development Code ensures that development will be primarily residential with limited commercial. The potential change in development pattern resulting from the R-4 designation will provide for alternative residential architectural types and styles. While the north, south and west parcels are predominantly undeveloped the R-4 zoning amendment will allow for buildings to be designed and constructed to compliment and that is envisioned to be urbanized with commercial, mixed use and residential uses. The future potential commercial uses along Fowler Lane may include office and mixed-use commercial. The Meadow Creek park is designed to serve as an active recreation and gathering space. With the additional acreage being incorporated into the park, it also serves as a significant buffer between the Meadow Creek single family homes and higher density residential envisioned for Buffalo Run. As a result, the proposed zone map amendment is not anticipated to compromise existing buildings located within the area. BUFFALO RUN ANNEXATION Bozeman, MT PAGE 23 K. Encourage the most appropriate use of land throughout the jurisdictional area. The proposed R-4 zone map amendment will encourage the most appropriate use of land as the growth policy designates the property as “Residential,” which the proposed R-4 designation will implement. The City is in need of additional housing to accommodate current and projected demand including housing required for the Bozeman area. To meet this demand a variety of housing options near services, employment centers, and transportation options are needed. This zone map amendment will help address this need by allowing for higher residential densities. Spot Zoning Criteria The R-4 zoning amendment does not constitute impermissible spot zoning. 1. Is the proposed use significantly different from the prevailing land uses in the area? The requested zoning and the proposed use of the site is not “significantly” different from the prevailing uses in the area, as the Meadow Creek subdivision to the east is also characterized as residential in both land use category and zoning. Therefore, the proposed R-4 zoning designation would not result in primary uses of the site which are significantly different from prevailing land uses in proximity. While R-4 does allow for limited office uses, this project is intending to construct a residential subdivision at this location. 2. Is the area requested for the rezone rather small in terms of the number of separate landowners benefited from the proposed change? R-4 is an implementing zoning district for the Residential land use category and may be utilized by any adjacent property owner within this plan category. Moreover, the proposed zoning of R-4 does not inhibit potential development of adjacent sites. 3. Would the change be in the nature of “special legislation” designed to benefit only one or a few landowners at the expense of the surrounding landowners or the general public? This initial zone map amendment does not represent special legislation designed to benefit the landowner at the expense of the adjacent property owners. This application demonstrates that the requested zoning of R-4 is compatible with the zoning district’s plan. No substantial negative impacts to surrounding landowners have been identified due to this proposed zoning.